City Council January 3, 2012 Agenda Packet

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, January 3, 2012
McNease Convention Center, South Meeting Room
500 Rio Concho Drive

THE MCNEASE CONVENTION CENTER IS ACCESSIBLE TO PERSONS WITH DISABILITIES.
ACCESSIBLE ENTRIES AND SPECIALLY MARKED PARKING SPACES ARE AVAILABLE AT BOTH
MAIN ENTRANCES AT SURBER DRIVE AND RIO CONCHO DRIVE. IF ADDITIONAL ASSISTANCE
IS NEEDED TO OBSERVE OR COMMENT, PLEASE NOTIFY THE OFFICE OF THE CITY CLERK,
ROOM 202, CITY HALL, 657-4405, AT LEAST 24 HOURS PRIOR TO THE MEETING.

City Council meetings are broadcast on Channel 17-Government Access at 10:30 A.M. and 7:00 P.M. every
day for two weeks beginning on the Thursday after each meeting.

As a courtesy to those in attendance, please place your cell phone on “Silent” or “Vibrate”
Thank You!

I. OPEN SESSION (9:00 A.M.)
A. Call to Order
B. Prayer and Pledge
"Honor the Texas flag; I pledge allegiance to thee, Texas, one state under God, one and indivisible.”
C. Proclamation
“Crime Stoppers’ Month in San Angelo”, January 2012, to be accepted Crime Stoppers’ representatives
Linda Ashton and Gary Samad
D. Public Comment
The Council takes public comment on all items in the Regular Agenda. Public input on a Regular Agenda
item will be taken at its appropriate discussion. Public input on an item not on the Agenda or Consent
Agenda may be identified and requested for consideration by the Council at this time. The Council may
request an item to be placed on a future agenda, or for a Consent Agenda item, to be moved to the Regular
Agenda for public comment.

II. CONSENT AGENDA
1. Consideration of approving the December 20, 2011 City Council Regular meeting minutes
2. Consideration of authorizing the sale of the following properties for the appraised value and authorizing
the Mayor, City Manager, or Water Utilities Director to execute all necessary legal documents pertaining
to the sale of subject properties, subject to completion of all curative requirements:
a. 3253 Red Bluff Road West (Lewis)
b. 3045 Red Bluff Road (Crumrine)
3. Consideration of approving a residential lease renewal at Lot 37, Group Shady Point, 1902 Shady Point
Circle (Cain), and authorizing the Water Utilities Director to execute the same
4. Consideration of authorizing the Mayor to execute a letter of support on behalf of the City for
application for Lone Star Legacy Park status with the Texas Recreation and Park Society for Civic
League Park

City Council Agenda Page 1 of 6 January 3, 2012

5. Consideration of approving recommendations by City of San Angelo Development Corporation on
matters relating to the following contracts:
a. Consideration of approving a contract by and between the City of San Angelo Development
Corporation (COSADC) and the San Angelo Chamber of Commerce making provision for a
marketing and recruitment program to be conducted by the Chamber of Commerce for purposes of
promoting the City of San Angelo as a prime location for industry and service sector primary job
growth and investment fostering economic development, and authorizing execution thereof
b. Consideration of authorizing the City Manager to execute a contract with the City of San Angelo
Development Corporation (COSADC) for the provision of Neighborhood and Family Services
Department administrative services by use of City personnel and for reimbursement therefore to City
from the COSADC, and authorizing execution thereof
c. Consideration of authorizing the City Manager to execute a contract with the City of San Angelo
Development Corporation (COSADC) for the provision of administrative services for COSADC by
use of City personnel and for reimbursement therefore to City from the COSADC, and authorizing
execution thereof
6. Second Hearing and consideration of adoption of an Ordinance amending Chapter 12, Exhibit “A”
(Zoning Ordinance) of the Code of Ordinances, City of San Angelo
Z 11-19: Maranatha Church
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SAN ANGELO AMENDING
CHAPTER 12, EXHIBIT “A” OF THE CODE OF ORDINANCES WHICH SAID EXHIBIT “A” OF
CHAPTER 12 ADOPTS ZONING REGULATIONS, USE DISTRICTS AND A ZONING MAP, IN
ACCORDANCE WITH A COMPREHENSIVE PLAN, BY CHANGING THE ZONING AND
CLASSIFICATION OF THE FOLLOWING PROPERTY, TO WIT: 80 East 18th Street, on the
northwest corner of East 18th Street and Henderson Street, specifically the Lasker Addition, Block 29,
Lot 9, in north central San Angelo, changing the zoning classification from Two-Family Residential
(RS-2) District to Low Rise Multifamily Residential (RM-1) District; PROVIDING FOR
SEVERABILITY AND PROVIDING A PENALTY
Z 11-20: Norman Dierschke
CLASSIFICATION OF THE FOLLOWING PROPERTY, TO WIT: 3902 Coliseum Drive,
specifically occupying Mather Addition No. 2, S 50’ of W. 139.4’ of Block 1, changing the zoning
classification from Single Family Residential (RS-1) to Neighborhood Commercial (CN) District;
PROVIDING FOR SEVERABILITY AND PROVIDING A PENALTY
Z 11-22: San Angelo Independent School District
CLASSIFICATION OF THE FOLLOWING PROPERTY, TO WIT: 323 Penrose Street on the
southwest corner of Penrose Street and Fort McKavett Road, specifically occupying 3 Acres of G.

Blum Survey A-0059 S-0166, changing the zoning classification from Single Family Residential (RS-
1) to High Rise Multi-Family Residential (RM-2) District; PROVIDING FOR SEVERABILITY AND
PROVIDING A PENALTY
9. Second hearing and consideration of adoption of an Ordinance amending the Downtown Development
District
CHAPTER 12 OF THE CODE OF ORDINANCES BY AMENDING SECTION 12.1005 ENTITLED
“MAP” OF ARTICLE 12.1000 ENTITLED “DOWNTOWN DEVELOPMENT DISTRICT”,
PROVIDING A NEW MAP THAT EXPANDS THE AREA OF THE DOWNTOWN
DEVELOPMENT DISTRICT; PROVIDING FOR SEVERABILITY; AND, PROVIDING FOR AN
EFFECTIVE DATE

10. Second Hearing and consideration of adoption of an Ordinance amending established boundaries of
Single Member District 4
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SAN ANGELO, TEXAS
AMENDING THE ESTABLISHED BOUNDARIES OF SINGLE MEMBER DISTRICT NUMBER 4
FOR THE PURPOSE OF INCORPORATING NEWLY ANNEXED AREAS INTO SAID
DISTRICT, PROVIDING FOR PRECLEARANCE AND ALL OTHER NECESSARY ACTIONS;
AND PROVIDING FOR AN EFFECTIVE DATE
11. Second hearing and consideration of adoption of an Ordinance amending the 2011-2012 Budget for
encumbrances, restricted and dedicated moneys, incomplete projects, and grants
AN ORDINANCE OF THE CITY OF SAN ANGELO AMENDING THE BUDGET FOR THE
FISCAL YEAR BEGINNING OCTOBER 1, 2011, AND ENDING SEPTEMBER 30, 2012, FOR
ENCUMBRANCES, RESTRICTED AND DEDICATED MONEYS, NEW PROJECTS,
INCOMPLETE PROJECTS, AND GRANTS

III. REGULAR AGENDA:

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

G. PUBLIC HEARING AND COMMENT

12. Second hearing and consideration of adoption of an Ordinance regarding Merchandising, Advertising,
and Signs
AN ORDINANCE OF THE CITY COUNCIL OF SAN ANGELO, AMENDING CHAPTER 9,
ENTITLED “LAKES, PARKS AND RECREATION AREAS”, ARTICLE 9.200, ENTITLED “PARKS”,
BY REPEALING SECTION 9.207, ENTITLED “MERCHANDIZING, ADVERTISING AND SIGN”,
ENACTING A NEW SECTION 9.207, ENTITLED “PROHIBITED SALES, ADVERTISING AND
SIGNAGE ON PARK PROPERTY; EXCEPTIONS”; PROVIDING FOR SEVERABILITY;
PROVIDING FOR A PENALTY; AND, PROVIDING FOR AN EFFECTIVE DATE
(Presentation by Parks and Recreation Director Carl White)
13. Second public hearing and consideration of adoption of an Ordinance amending the Tax Increment
Reinvestment Zone

AN ORDINANCE AMENDING CHAPTER 12.900 ENTITLED “TAX INCREMENT
REINVESTMENT ZONE” OF THE SAN ANGELO CODE OF ORDINANCES BY AMENDING
SECTION 12.902, ENTITLED “TAX INCREMENT REINVESTMENT ZONE BOUNDARIES”;
PROVIDING FOR SEVERABILITY; AND, PROVIDING FOR AN EFFECTIVE DATE
(Presentation by Community and Economic Development Director Shawn Lewis)
14. First Public Hearing and consideration of introduction of an Ordinance amending Chapter 12, Exhibit
“A” (Zoning Ordinance) of the Code of Ordinances, City of San Angelo
Z 11-23: First Financial Bank
AN ORDINANCE AMENDING CHAPTER 12, EXHIBIT “A” OF THE CODE OF ORDINANCES,
CITY OF SAN ANGELO, TEXAS, WHICH SAID EXHIBIT “A” OF CHAPTER 12 ADOPTS
ZONING REGULATIONS, USE DISTRICTS AND A ZONING MAP, IN ACCORDANCE WITH A
COMPREHENSIVE PLAN, BY CHANGING THE ZONING AND CLASSIFICATION OF THE
FOLLOWING PROPERTY, TO WIT: The Homestead, Sections One-A and One-B, Block 1, Lots 3
thru 10, 12 thru 20, 22, 25, 26, 29 and 30, and Block 2, Lots 19 and 20, south of Twin Mountain Drive
at Massenburg Drive, in south western San Angelo, changing the zoning classification from Planned
Development (PD) to Single-Family Residential (RS-1) District; PROVIDING FOR SEVERABILITY
AND PROVIDING A PENALTY
(Presentation by Planning Manager AJ Fawver)
Z 11-24: City of San Angelo
FOLLOWING PROPERTY, TO WIT: The Homestead, Sections One-A and One-B, Block 1, Lots 1,
2, 11, 21, 23, 24, 27, 28, and 31 thru 34, and Block 2, Lot 21, south of Twin Mountain Drive at
Massenburg Drive, in south western San Angelo, changing the zoning classification from Planned
Development (PD) to Single-Family Residential (RS-1) District; PROVIDING FOR SEVERABILITY
AND PROVIDING A PENALTY
Z 11-21: Titan Investments, LLC
FOLLOWING PROPERTY, TO WIT: 334 WEST CONCHO AVENUE, APPROXIMATELY 158
FEET EAST FROM THE INTERSECTION OF SOUTH ABE STREET AND WEST CONCHO
AVENUE, SAN ANGELO ADDITION, BLOCK 31, LOT 8 AND THE EAST 15 FEET OF LOT 9,
CHANGING THE ZONING CLASSIFICATION FROM OFFICE COMMERCIAL (CO) TO
HISTORIC OVERLAY (OH) DISTRICT; PROVIDING FOR SEVERABILITY AND PROVIDING
A PENALTY


SU 11-04: William Sartain
FOLLOWING PROPERTY, TO WIT: 20 N. Bell Street at the southeast corner of the intersection of
N. Bell Street and Preusser Street, specifically occupying Eckert’s Addition, Block 1, Lot 1 in eastern
San Angelo. Amending the current Special Use 06-02 on the site that currently allows sales of
automobiles and light trucks, to add an allowance for trailer sales, excluding Semi-trailers and sea
containers, on property in a Neighborhood Commercial (CN) district; PROVIDING FOR
SEVERABILITY AND PROVIDING A PENALTY
18. Consideration of authorizing staff to negotiate a lease agreement with the People Plant Connection for
the development of a community garden at Rio Vista Park
(Presentation by Parks and Recreation Director Carl White)
19. Presentation and update on the Hickory Aquifer Water Supply Project
(Presentation by Water Utilities Director Will Wilde)
20. Consideration of matters related to Request for Proposal HR-03-11:
a. Discussion of proposals submitted for Request for Proposal HR-03-11 for Individual and Aggregate
Stop Loss insurance.
b. Consideration of selecting Benefit Provider related to Request for Proposal HR-03-11 and
authorizing staff to negotiate a contract, and authorizing the City Manager to execute said contract
and any related documents
(Presentation by Human Resources Director Lisa Marley)
H. FOLLOW UP AND ADMINISTRATIVE ISSUES

21. Consideration of matters discussed in Executive/Session, if needed
22. Consideration and possible action regarding a recommendation by the City of San Angelo
Development Corporation (COSADC) Board to amend the City of San Angelo Development
Corporation Guidelines For Job Creation Assistance section entitled Eligibility of Applicants and
revising outdated contact information
(Presentation by Development Coordinator Robert Schneeman)
23. Consideration of an offer of economic incentives to a medical device company considering locating in
San Angelo including, but not limited to, a tax rebate, job creation grant, building renovation grant and
lease assistance and any action in connection thereto
24. Consideration of various Board nominations by Council and designated Councilmembers:
a. Animal Service Advisory Committee: Reba Colburn (SMD1) to a 1st term through January 2014
25. Consideration of Future Agenda Items
26. Adjournment

Given by order of the City Council and posted in accordance with Title 5, Texas Government Code, Chapter
551, Thursday, December 29, 2011, at 5:00 P.M.

_/s/_______________________
Bryan Kendrick, Deputy City Clerk


PROCLAMATION

WHEREAS, Crime Stoppers of San Angelo, Inc. is a community program that relies on the
citizens and media to assist law enforcement with unsolved crimes and locating
wanted fugitives in San Angelo and the surrounding area; and

WHEREAS, Crime Stoppers of San Angelo, Inc. will be hosting a reception on Thursday,
January 12, 2012 at the Southland Baptist Church to celebrate their 30th
Anniversary of helping fight crime in our community; and

WHEREAS, In 2011, Crime Stoppers of San Angelo, Inc. received over 2,000 calls which
resulted in 75 cleared cases, 65 arrests of individuals, and over $8,000 in stolen
property and narcotics recovered in the San Angelo area; and

WHEREAS, Since its inception in 1981, Crime Stoppers of San Anglo, Inc. has paid out over
$275,000 in reward money and recovered/seized $6,576,000 in stolen property
and narcotics as a direct result of Crime Stoppers efforts in San Angelo; and

WHEREAS, Crime Stoppers of San Angelo, Inc. is an important tool for local law enforcement
because it raises community awareness of the problem of crime in San Angelo and
the surrounding area.

NOW, THEREFORE, I, Alvin New, Mayor of the City of San Angelo, Texas, on behalf of the City
Council, do hereby proclaim the month of January 2012 as

CRIME STOPPERS’ MONTH IN SAN ANGELO

and urge all citizens to take an active role in helping to solve crimes and apprehend known
fugitives by reporting information that will help law enforcement.

IN WITNESS WHEREOF, I have hereunto set my
hand and caused the Seal of the City to be affixed this
3rd day of January, 2012.

THE CITY OF SAN ANGELO

____________________________________
ALVIN NEW, MAYOR

CITY COUNCIL MINUTE RECORD
The City of San Angelo Page 163
Tuesday, December 20, 2011 Vol. 103

OPEN SESSION

BE IT REMEMBERED City Council convened in a regular meeting at 9:00 A.M., Tuesday, December 20,
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 Adams, thus constituting a quorum.
Whereupon, the following business was transacted:
An invocation was given by Rev. William Hickman of Maranatha Church and pledge was led by Glenn Jr. High
School Student Council.

RECOGNITIONS
“2011 Sports Complex of the Year”, by the Texas Turfgrass Association at the Annual Winter Conference and
Awards was accepted by Parks Employees: Roger Havlak, Parks Superintendent, Mike Hitchcock, Deputy
Superintendent), Sean Nelsen, Sports Field Coordinator, Stephen Conley, Irrigation Supervisor, Ben Wilha,
Senior Irrigation Technician, Jason Campbell, Texas Bank Sports Complex Crew Leader, Gilbert Pedroza,
Senior Maintenance Worker, Sean McCallum, Senior Maintenance Worker, Henry Rodriquez, Maintenance
Worker, Marcus Hinojosa, Maintenance Worker, and Marvin Williams, Maintenance Worker
“2011 George C. Askew Award” for the “The Lake Nasworthy Parks Plan,” by the American Academy of
Certified Public Managers, was accepted by Carl White, Parks and Recreation Director, and Anthony Wilson,
Civic Events Manager
PUBLIC COMMENT
Public comment was made by Citizen Dale Carnes regarding the time TrashAway empties trash receptacles.
CONSENT AGENDA

APPROVAL OF THE DECEMBER 6, 2011 CITY COUNCIL REGULAR MEETING MINUTES
AWARD OF BID WU-15-11 FOR SODIUM HYPOCHLORITE TO ALTIVIA CORPORATION
(HOUSTON, TX) IN THE AMOUNT OF $62,060.00 AND AUTHORIZING THE CITY MANAGER OR
HIS DESIGNEE TO EXECUTE ANY NECESSARY RELATED DOCUMENTS
AWARD OF BID PRO-03-11 FOR THE SALE OF PROPERTY FIRE STATION #7 TO RICHARD
SALMON (SAN ANGELO, TX), IN THE AMOUNT OF $136,600.00 AND AUTHORIZING THE CITY
MANAGER TO EXECUTE A REAL ESTATE CONTACT OF SALE AND ANY NECESSARY
RELATED DOCUMENTS

Minutes
Vol. 103 December 20, 2011

ADOPTION OF RESOLUTIONS AUTHORIZING THE MAYOR TO EXECUTE TAX DEEDS FOR THE
SALE OF TAX LOTS:
1142 E 26th Street, (Duran), Lot 11, Block ‘J’, Bradford Annex Addition, $1,700, Suit No. B-05-0194-T
(ANNEX A, PAGE , RESOLUTION #2011-12-133R)
1011 E 22nd Street, (Duran), Lot 5 & W ½ of Lot 6, Block 25, Exall Addition, $1,800, Suit No. B-030094-T
(ANNEX B, PAGE , RESOLUTION #2011-12-134R)
802 E 22nd Street, (Duran), Lot 15 & 16, Block 28, Exall Addition, $3,000, Suit No. C-08-0030-T
(ANNEX C, PAGE , RESOLUTION #2011-12-135R)
Near 2321 Juanita Avenue, (Duran) Lot 9, Block 17, Forest Park Addition, $1,800, Suit No. TAX90-0412B
(ANNEX D, PAGE , RESOLUTION #2011-12-136R)
Near 2321 Juanita Avenue (2), (Duran) Lot 10, Block 17, Forest Park Addition, $1,900, Suit No. B-06-0145-T
(ANNEX E, PAGE , RESOLUTION #2011-12-137R)
2508 Lindell Avenue, (Duran), Lot 3, Block 32, Forest Park Addition, $1,600, Suit No. B-06-0211-T
(ANNEX F, PAGE , RESOLUTION #2011-12-138R)
AUTHORIZATION FOR THE CITY MANAGER OR HIS DESIGNEE TO EXECUTE TASK ORDER
NO. 18, AND ALL RELATED DOCUMENTS, BETWEEN THE CITY OF SAN ANGELO AND KSA
ENGINEERS FOR ARCHITECTURAL/ENGINEERING SERVICES ASSOCIATED WITH THE
AIRPORT LAYOUT PLAN (ALP) UPDATE IN THE AMOUNT OF $161,998.00 AT SAN ANGELO
REGIONAL AIRPORT
APPROVAL OF A MUTUAL AID AGREEMENT BETWEEN THE CITY OF SAN ANGELO AND THE
CONCHO VALLEY REGIONAL ADVISORY COUNCIL (CVRAC), AUTHORIZING SHARING OF
THE COSTS OF WEBEOC, A WEB BASED COMMUNICATIONS SOFTWARE, THAT ALLOWS FOR
SECURE, REAL-TIME ACCESS TO EMERGENCY RESPONSE INFORMATION AND
COMMUNICATIONS, AND AUTHORIZATION FOR THE CITY MANAGER TO EXECUTE SAID
AGREEMENT
SECOND HEARING AND ADOPTION OF AN ORDINANCE OF THE CITY OF SAN ANGELO,
TEXAS, PROVIDING FOR THE ANNEXATION OF TERRITORY GENERALLY DESCRIBED TO BE
APPROXIMATELY 1310 TOTAL ACRES LOCATED NORTHEAST OF THE EXISTING CITY’S
CORPORATE LIMITS, COMPOSED OF THE FOLLOWING: 128 ACRES OUT OF J. FENNER
SURVEY 1, 77 ACRES OUT OF BULLOCK SURVEY 10, 329 ACRES OUT OF MRS. JULIA A.
EGGLESTONE SURVEY 2, 29 ACRES OUT OF J. POINTEVENT SURVEY 1113, 653 ACRES OUT OF
WASHINGTON COUNTY RAILROAD CO. SURVEYS 178 AND 179, AND 94 ACRES OF HIGHWAY
AND RAILROAD RIGHT-OF-WAY, IN TOM GREEN COUNTY, TEXAS, BEING WITHIN THE
EXTRA TERRITORIAL JURISDICTION OF THE CITY AND ADJACENT AND CONTIGUOUS TO
THE PRESENT CORPORATE LIMITS OF THE CITY OF SAN ANGELO; FINDING THAT ALL
NECESSARY AND LEGALLY REQUIRED CONDITIONS HAVE BEEN SATISFIED; DESCRIBING
THE TERRITORY ANNEXED AND EXTENDING THE CORPORATE LIMITS OF THE CITY OF SAN
ANGELO, TEXAS TO INCLUDE THE ANNEXED TERRITORY; 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 (ANNEX G, PAGE ,
ORDINANCE #2011-12-139)
APPROVAL OF A RECOMMENDATION BY THE TAX INCREMENT REINVESTMENT ZONE
BOARD (TIRZ) TO PURCHASE A TOTAL OF 30 TRASH RECEPTACLES FOR THE DOWNTOWN
AREA IN CONJUNCTION WITH DOWNTOWN SAN ANGELO, INC. THE TOTAL EXPENDITURE
BY TIRZ BEING $17,995.00
Motion, to approve the Consent Agenda, as presented, was made by Councilmember Hirschfeld and seconded
by Councilmember Farmer. Motion carried unanimously.

Minutes Page 165
December 20, 2011 Vol. 103

REGULAR AGENDA: PUBLIC HEARING AND COMMENT

PRESENTATION ON THE SANTA FE MUNICIPAL GOLF COURSE BY TWO PRO MANAGEMENT,
INCLUDING AN UPDATE ON IMPROVEMENTS AND PROGRAMS
Parks and Recreation Director Carl White and Two Pro Management representatives Kevin Collins and Dwain
Pass presented background information. A copy of the presentation is part of the Permanent Supplemental
Minute record.
General discussion was held on lease between the City and Two Pro Management, future water sources,
advertisement possibility, concessionaire, programs, and future potential revenue efforts.
PRESENTATION AND UPDATE ON THE DOWNTOWN SAN ANGELO MAIN STREET PROGRAM
DSA Executive Director Genora Young presented background information. A copy of the presentation is part of
the Permanent Supplemental Minute record.
General discussion was held on the DSA and Central Business district areas, sales tax collection, stationary
maps,
RECESS

At 10:26 A.M., Mayor New called a recess.

RECONVENE

At 10:47 A.M., Council reconvened, and the following business was transacted:
UPDATE ON PARTICIPATION AND STATUS OF EMPLOYEE WELLNESS PROGRAM
Human Resources and Risk Management Director Lisa Marley and Wellness Coordinator Christy Nesbitt, R.N.
presented background information. A copy of the presentation is part of the Permanent Supplemental Minute
record.
FIRST PUBLIC HEARING AND INTRODUCTION OF AN ORDINANCE AMENDING CHAPTER 12,
EXHIBIT “A” (ZONING ORDINANCE) OF THE CODE OF ORDINANCES, CITY OF SAN ANGELO
Z 11-19: Maranatha Church
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SAN ANGELO AMENDING CHAPTER
12, EXHIBIT “A” OF THE CODE OF ORDINANCES WHICH SAID EXHIBIT “A” OF CHAPTER 12
ADOPTS ZONING REGULATIONS, USE DISTRICTS AND A ZONING MAP, IN ACCORDANCE WITH
A COMPREHENSIVE PLAN, BY CHANGING THE ZONING AND CLASSIFICATION OF THE
FOLLOWING PROPERTY, TO WIT: 80 East 18th Street, on the northwest corner of East 18th Street and
Henderson Street, specifically the Lasker Addition, Block 29, Lot 9, in north central San Angelo, changing the
zoning classification from Two-Family Residential (RS-2) District to Low Rise Multifamily Residential (RM-1)
District; PROVIDING FOR SEVERABILITY AND PROVIDING A PENALTY
Planning Manager AJ Fawver presented background information. A copy of the presentation is part of the
Permanent Supplemental Minute record.
Motion, to introduce the Ordinance, as presented, was made by Councilmember Morrison and seconded by
Councilmember Silvas. Motion carried unanimously.
FIRST PUBLIC HEARING AND INTRODUCTION OF AN ORDINANCE AMENDING CHAPTER 12,
EXHIBIT “A” (ZONING ORDINANCE) OF THE CODE OF ORDINANCES, CITY OF SAN ANGELO
Z 11-20: Norman Dierschke

Minutes

FOLLOWING PROPERTY, TO WIT: 3902 Coliseum Drive, specifically occupying Mather Addition No. 2, S
50’ of W. 139.4’ of Block 1, changing the zoning classification from Single Family Residential (RS-1) to
Neighborhood Commercial (CN) District; PROVIDING FOR SEVERABILITY AND PROVIDING A
PENALTY
Councilmember Hirschfeld.
Public comments were made by Proponent Norman Dierschke.
A vote was taken on the motion on the floor. Motion carried unanimously.
CONSIDERATION OF THE FOLLOWING MATTERS RELATED TO THE EARLY RETIREE
REINSURANCE PROGRAM (ERRP) REIMBURSEMENT FUNDS
• ACCEPTANCE OF ERRP FUNDS
Human Resources and Risk Management Director Lisa Marley presented background information.
Motion, to accept the funds, as presented, was made by Councilmember Hirschfeld and seconded by
Councilmember Morrison. Motion carried unanimously.
• DISCUSSION AND POSSIBLE ACTION REGARDING ALLOCATION FOR USE OF ERRP FUNDS
RECEIVED IN THE AMOUNT OF $343,287.50 AND BASED ON THE 2010 HEALTH INSURANCE
CLAIMS
Human Resources and Risk Management Director Lisa Marley and City Manager Harold Dominguez presented
background information.
Mr. Dominguez commented on the stabilization funds at currently at 63 days, ideal is 75, goal is 90. Staff
recommends allocation to stabilization of the self insurance fund.
General discussion was held to allocate funds in a specific fund to assist with rate fluctuations in order to
stabilize future increases. Ms. Marley stated a Reimbursement Line Item for rate stabilization has been set up
for the specific use of the ERRP funds and the account use must meet specific criteria and audit trail methods.
Mr. Dane suggested moving the same amount into another account in order to utilize those funds as unrestricted
funds.
Motion, to allocate Early Retiree Reinsurance Program (ERRP) Reimbursement Funds in the amount of
$343,287.50 to the Self Insurance fund to be used as reimbursement funds; with the understanding to utilize
equal funds for catastrophic claims experience and rate stability, was made by Councilmember Farmer and
seconded by Councilmember Hirschfeld.
Council requested a future item to consider designating the number of days for the self insurance fund balance
in order to build the fund accordingly.
Public comments were made by Lt. Steve Wilson regarding the guarantee to employees that the future increases
will be paid from this account and Retiree Russell Smith.
A vote was taken on the motion on the floor. AYE: New, Alexander, Silvas, Adams, Hirschfeld, and Farmer.
NAY: Councilmember Morrison. Motion carried 5-1.
RECESS
At 12:40 P.M., Mayor New called a recess.

Minutes Page 167

EXECUTIVE/CLOSED SESSION
Council did not convene 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 deliberate the purchase, exchange, lease, or value of
real property; and, 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.
RECONVENE
At 1:17 P.M., Council reconvened, and the following business was transacted:
SECOND PUBLIC HEARING AND FAILURE OF ADOPTION OF AN ORDINANCE AMENDING THE
TAX INCREMENT REINVESTMENT ZONE
AN ORDINANCE AMENDING CHAPTER 12.900 ENTITLED “TAX INCREMENT REINVESTMENT
ZONE” OF THE SAN ANGELO CODE OF ORDINANCES BY AMENDING SECTION 12.902, ENTITLED
“TAX INCREMENT REINVESTMENT ZONE BOUNDARIES”; PROVIDING FOR SEVERABILITY;
AND, PROVIDING FOR AN EFFECTIVE DATE
City Manager Harold Dominguez presented background information. A copy of the presentation is part of the
Motion, to adopt the Ordinance, was made by Councilmember Morrison and seconded by Councilmember
Silvas. AYE: Morrison, Silvas, and Farmer. NAY: New, Alexander, and Hirschfeld. Motion failed.
FIRST PUBLIC HEARING AND INTRODUCTION OF AN ORDINANCE AMENDING ESTABLISHED
BOUNDARIES OF SINGLE MEMBER DISTRICT 4
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SAN ANGELO, TEXAS AMENDING THE
ESTABLISHED BOUNDARIES OF SINGLE MEMBER DISTRICT NUMBER 4 FOR THE PURPOSE OF
INCORPORATING NEWLY ANNEXED AREAS INTO SAID DISTRICT, PROVIDING FOR PRECLEARANCE
AND ALL OTHER NECESSARY ACTIONS; AND PROVIDING FOR AN EFFECTIVE DATE
City Clerk Alicia Ramirez presented background information.
Councilmember Silvas. Motion carried unanimously.
PUBLIC HEARING AND ADOPTION OF A RESOLUTION DECLARING TAXABLE BY THE CITY OF
SAN ANGELO ALL GOODS-IN-TRANSIT AS COVERED BY THE TEXAS PROPERTY TAX CODE,
SECTION 11.253 FOR TAX YEAR 2012 AND FOR EVERY TAX YEAR THEREAFTER (ANNEX H,
PAGE , RESOLUTION #2011-12-140R)
Finance Director Michael Dane presented background information.
Motion, to adopt the Resolution, as presented, was made by Councilmember Farmer and seconded by
Councilmember Morrison. Motion carried unanimously.
FIRST PUBLIC HEARING AND INTRODUCTION OF AN ORDINANCE AMENDING THE 2011-2012
BUDGET FOR ENCUMBRANCES, RESTRICTED AND DEDICATED MONEYS, INCOMPLETE
PROJECTS, AND GRANTS
AN ORDINANCE OF THE CITY OF SAN ANGELO AMENDING THE BUDGET FOR THE FISCAL YEAR
BEGINNING OCTOBER 1, 2011, AND ENDING SEPTEMBER 30, 2012, FOR ENCUMBRANCES,
RESTRICTED AND DEDICATED MONEYS, NEW PROJECTS, INCOMPLETE PROJECTS, AND GRANTS
Finance Director Michael Dane presented background information.

Minutes

Motion, to introduce the Ordinance, as presented, was made by Councilmember Silvas and seconded by
Councilmember Hirschfeld. Motion carried unanimously.
FIRST PUBLIC HEARING AND INTRODUCTION OF AN ORDINANCE AMENDING CHAPTER
12, EXHIBIT “A” (ZONING ORDINANCE) OF THE CODE OF ORDINANCES, CITY OF SAN
ANGELO
Z 11-22: San Angelo Independent School District

FOLLOWING PROPERTY, TO WIT: 323 Penrose Street on the southwest corner of Penrose Street and Fort
McKavett Road, specifically occupying 3 Acres of G. Blum Survey A-0059 S-0166, changing the zoning
classification from Single Family Residential (RS-1) to High Rise Multi-Family Residential (RM-2) District;
PROVIDING FOR SEVERABILITY AND PROVIDING A PENALTY

Motion, to introduce the Ordinance, as presented, was made by Councilmember Alexander and seconded by
Councilmember Hirschfeld. Motion carried unanimously.
FIRST PUBLIC HEARING AND INTRODUCTION OF AN ORDINANCE AMENDING THE
DOWNTOWN DEVELOPMENT DISTRICT

AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SAN ANGELO AMENDING CHAPTER 12
OF THE CODE OF ORDINANCES BY AMENDING SECTION 12.1005 ENTITLED “MAP” OF ARTICLE
12.1000 ENTITLED “DOWNTOWN DEVELOPMENT DISTRICT”, PROVIDING A NEW MAP THAT
EXPANDS THE AREA OF THE DOWNTOWN DEVELOPMENT DISTRICT; PROVIDING FOR
SEVERABILITY; AND, PROVIDING FOR AN EFFECTIVE DATE

General discussion was held on the approval and intent of the map, the master developer concept, and bringing
all the City plans together to work from collectively.

Motion, to approve the map, as presented, was made by Councilmember Silvas and seconded by
Councilmember Farmer. Motion carried unanimously.
POSTPONEMENT OF CONSIDERATION AND POSSIBLE ACTION REGARDING A
RECOMMENDATION BY THE CITY OF SAN ANGELO DEVELOPMENT CORPORATION (COSADC)
BOARD TO AMEND THE CITY OF SAN ANGELO DEVELOPMENT CORPORATION GUIDELINES
FOR JOB CREATION ASSISTANCE SECTION ENTITLED ELIGIBILITY OF APPLICANTS AND
REVISING OUTDATED CONTACT INFORMATION

Councilmember Hirschfeld requested postponement of this item. Council concurred.
FIRST PUBLIC HEARING AND INTRODUCTION OF AN ORDINANCE REGARDING
MERCHANDISING, ADVERTISING, AND SIGNS

AN ORDINANCE OF THE CITY COUNCIL OF SAN ANGELO, AMENDING CHAPTER 9, ENTITLED
“LAKES, PARKS AND RECREATION AREAS”, ARTICLE 9.200, ENTITLED “PARKS”, BY
REPEALING SECTION 9.207, ENTITLED “MERCHANDIZING, ADVERTISING AND SIGN”,

Minutes Page 169

ENACTING A NEW SECTION 9.207, ENTITLED “PROHIBITED SALES, ADVERTISING AND
SIGNAGE ON PARK PROPERTY; EXCEPTIONS”; PROVIDING FOR SEVERABILITY; PROVIDING
FOR A PENALTY; AND, PROVIDING FOR AN EFFECTIVE DATE
Parks and Recreation Director Carl White presented background information. A copy of the presentation is part
of the Permanent Supplemental Minute record.

Motion, to introduce the Ordinance, as presented, was made by Councilmember Farmer and seconded by
Councilmember Alexander. Motion carried unanimously.
DISCUSSION AND POSSIBLE ACTION ON THE CITY OF SAN ANGELO’S NOISE ORDINANCE AND
RELATED MATTERS
City Manager Harold Dominguez and City Attorney Lysia H. Bowling presented background information.

Councilmember Farmer commented on the clarification of the Police Officer’s duty to the City or business
owner, decibel levels and the testing of such levels from the origination point or complainant point, and
processing payment of such security assignments through the City coffers.
Responding to the concerns, Chief of Police Tim Vasquez explained the duty of any officer is to the City and
the State Law, payroll related issues regarding overtime, benefit loaded costs, worker’s compensation, conduct
immunity, or any liability;
Mr. Dominguez stated the processing of payment will be a loaded cost reaching from 30 to 50 per hour.
Counter complaints will be handled through the judicial process
Ms. Bowling commented on various sample ordinances, specifically noting what other cities have examined and
accomplished.

General discussion was held on the technical aspect of the issue, the further review by a professional in this
field, the complainant’s constitutional rights, failure to make an official complainant,

FOLLOW UP AND ADMINISTRATIVE ISSUES
CONSIDERATION OF MATTERS DISCUSSED IN EXECUTIVE/CLOSED SESSION
No action was taken on matters discussed in Executive/Closed Session.

POSTPONEMENT ON THE APPROVAL OF AN OFFER OF ECONOMIC INCENTIVES TO A MEDICAL
DEVICE COMPANY CONSIDERING LOCATING IN SAN ANGELO INCLUDING, BUT NOT LIMITED
TO, A TAX REBATE, JOB CREATION GRANT, BUILDING RENOVATION GRANT AND LEASE
ASSISTANCE
APPROVAL OF VARIOUS BOARD NOMINATIONS BY COUNCIL AND DESIGNATED
COUNCILMEMBERS:

Civic Events Board: Bridget Carr (SMD6) to a 1st full term October 2014
Planning Commission: Darlene Jones (SMD6) to an unexpired term January 2014
Motion, to approve various board nominations by Council and designated Councilmembers, was made by
Councilmember Farmer and seconded by Councilmember Silvas. Motion carried unanimously.
CONSIDERATION OF FUTURE AGENDA ITEMS
City Manager Harold Dominguez distributed the proposed January 3, 2012 Agenda and solicited Council
comments and suggestions.

Minutes

Mayor New will not be available on Jan 3.

ADJOURNMENT
Motion, to adjourn, was made by Councilmember Morrison and seconded by Councilmember Silvas. Motion
carried unanimously.
The meeting adjourned at 3:15 P.M.

THE CITY OF SAN ANGELO

___________________________________
Alvin New, Mayor

ATTEST:

_______________________________
Alicia Ramirez, City Clerk

Annexes A-G

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: December 16, 2011
To: Mayor and Councilmembers
From: Will Wilde, Water Utilities Director
Subject: Agenda Item for January 3, 2012 Council Meeting
Contact: Will Wilde, Water Utilities Director, 657-4209
Caption: Consent Item
Consideration of authorizing the sale of the following residential properties for the appraised
value and authorizing the Mayor, City Manager, or Water Utilities Director to execute all
necessary legal documents pertaining to the sale of subject properties, subject to completion
of all curative requirements.

Summary: Lewis 3253 Red Bluff Road West
Lot 111, Group Red Bluff $76,900
Crumrine 3045 Red Bluff Road
Lot 66, Group Red Bluff $46,900
Otho 2626 Sleepy Hollow Road
Lot 11, Fishermans Road $92,734
Ellis 2041 American Legion
Lot 22, Group 2 $93,655

History: None.

Financial Impact: Proceeds from the sale of lake lots go into the Lake Nasworthy Trust Fund.

Related Vision Item (if applicable): None.

Other Information/Recommendation: If the sale is approved at the appraised value, a title
examination will be performed and legal staff will prepare a Real Estate Contract of Sale, Special
Warranty Deed and Surrender of Lease, as previously approved by City Council.

Staff recommends approval.

Attachments: Appraisal Report (Lewis; Crumrine; Otho; Ellis)

Presentation: None.

Publication: None.

Reviewed by Service Area Director: Will Wilde, Water Utilities Director, December 16, 2011.

City of San Angelo

Memo

From: Will Wilde, Water Utilities Director
Subject: Consent Item for January 3, 2012 Council Meeting
Contact: Will Wilde, Water Utilities Director, 657-4209
Caption: Consideration of approving a residential lease renewal with Chris Cain at Lot 37, Group
Shady Point, 1902 Shady Point Circle, and authorizing the Water Utilities Director to execute
the same.

Summary: The leaseholder’s current lease expires in 2044 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: 2004-2013 $744.00
2014-2023 $893.00
2024-2044 Market Value

New lease fees: 2012-2013 $863.00
2014-2023 $893.00
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 (Chris Cain)

Presentation: None.

Publication: None.

Reviewed by Service Area Director: Will Wilde, Water Utilities Director, December 15, 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 Chris Cain whose address is1902
Shady Point Circle.

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 37, Group Shady Point, Lake Nasworthy Addition,
according to the map or plat of said Lake Nasworthy
Campsites in the custody of the Water Utilities Department
of the City of San Angelo (also commonly known as 1902
Shady Point Circle).

II. TERM, FEES AND RENT

FIXED COMMENCEMENT AND TERMINATION DATE

2.1 This lease is granted for a period of forty (40) years beginning January 1, 2012
and ending December 31, 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 July 1 during the term of this lease in accordance with the
following schedule:

Dates Annual Rent

For the Years 2012 Through 2013 $863

For the Years 2014 Through 2023 $893

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: Chris Cain
1902 Shady Point Circle
San Angelo, Texas 76904

LESSOR: City of San Angelo
Attn: Water Utilities Director
P.O. Box 1751

EXECUTED in duplicate originals on the _____day of _____________________,
20___ by:

LESSEE

Chris Cain

STATE OF TEXAS §
COUNTY OF TOM GREEN §

This instrument was acknowledged before me on the _____day of
________________, 20____ by Chris Cain.

Notary Public, State of Texas

CITY OF SAN ANGELO, LESSOR

BY:
W. H. WILDE, Director
Water Utilities Department

STATE OF TEXAS §

This instrument was acknowledged before me on the _____day of
________________, 20____, by W. H. Wilde, Water Utilities Director, of the City of San
Angelo, a Texas home rule municipal corporation, on behalf of said corporation.

Notary Public, State of Texas

City of San Angelo
Parks & Recreation

Memorandum


From: Carl White, Parks and Recreation Director

Subject: Agenda Item for January 3, 2012, Council Meeting

Contact: Carl White, Parks and Recreation Director, 657-4450 or 234-1724

Caption: Consent Agenda Item

Consideration of authorizing the Mayor to execute a letter of support on behalf
of the City for application to the Texas Recreation and Park Society for Legacy
Park status for Civic League Park.

Summary: Staff recommends authorizing the Mayor to execute a letter of
support on behalf of the City for application to the Texas
Recreation and Park Society for Legacy Park status for Civic
League Park.

The Lone Star Legacy Park is a new designation adopted by the
Texas Recreation and Park Society in 2011, to recognize parks
that hold special prominence in the local community and the State
of Texas.

Our Civic League Park more than meets the criteria established to
be eligible for this distinction. See the attached application form for
more information.
There is no previous history on this item.

Financial The cost of the application is $200.00 and will be paid out of account #101-
Impact: 6000-452.03-50. If designated as a Legacy Park, we have the option to
purchase and place a plaque at a cost of about $500.00.

Attachments: Proposed letter of support and application information.

Presentation: None.

Publication: N/A

Reviewed by: Rick Weise, Assistant City Manager, December 16, 2011

Description:
A Lone Star Legacy Park is a park that holds special prominence in the local community and the state of Texas.
These parks have endured the test of time and have become iconic to those who have visited, played and rested
on their grounds. A designation as a Lone Star Legacy is one of the highest honors that can be bestowed on a
park.

Parks have played an important role in the development of our communities throughout history. Much like
Main Streets helped to provide commerce and identity, local parks helped to promote community, natural
respite and social interaction as
communities were founded, developed and
prospered.

Lone Star Legacy Parks are not meant to be
of a specific size, make up or location. The
purpose of the designation is to recognize
what a park means to a particular
community. While New York City is home
to Central Park, and Boston has the
Common Gardens, communities all over
our state have parks that have been a source
of great pride and history. Some parks are
significant for their natural resources
including their forests, springs and
San Pedro Park, San Antonio, circa 1918 wetlands. Other parks are noteworthy for
annual traditions including parades,
pageants and festivals. Lone Star Legacy Parks will honor all of the significant impacts these sites have made
on the people who have walked their grounds.

Submitting Applications:
Applications are due by January 16, 2012. Successful applicants will be announced at the Texas Recreation
and Parks Society Annual Institute in March, 2012. Agencies may submit one park each year for consideration.
Multiple submissions from the same agency in one year will not be considered.

Criteria:
Legacy Parks must be at least 50 years old, designated as a public park and meet at least one of the following:
The property represents distinctive design and/or construction.
The park is associated with historic events or sites.
1 Lone Star Legacy Parks Award Application (2011)

The park is associated with events specific to the local community/state.
The park is home to unique natural features.

Application Fee:
A $200 fee is due with the application. Fees are used to offset costs for application management and promotion
of the Lone Star Legacy Parks program. If selected, an additional fee will be applicable if the agency would like
to order a marker commemorating the designation.

If the park is not awarded the designation in the first year, the Review Committee will provide feedback to the
agency regarding the application score and areas for improvement. The agency will be able to resubmit the
application one time within the following three years. A $50 resubmission fee will be applicable.

Judging:
Judging will be done by a panel consisting
of:
One (1) TRAPS Citizen Branch
Member
One(1) Historic/Landmark
Commission Member
Two (2) TRAPS Professional
Members
One (1) TRAPS Academic
Representative
One (1) TRAPS Student
Representative
One (1) Planning/Landscape
Architect Representative
Cameron Park, Waco, Texas, circa 1920’s
Panel members will review applications
and apply points to each criterion. Points will be
tallied and applications with the highest scores will be awarded the designation. The review committee will
make final decisions on the number of eligible awards to make in a year.

Marketing of Lone Star Legacy Parks:

All parks designated as Legacy Parks will be included in marketing materials including rack cards, website,
PSA’s and other collateral materials as appropriate. These materials will be used to promote the parks and their
communities as a part of Heritage Tourism. Materials will be updated annually to include newly awarded sites.


Application Information

Name of Park: _________________________________________________________________

City:_________________________________________________________________________

Contact: ______________________________ Phone Number: __________________________

Mailing Address: _____________________________ Zip: _________ Email: ______________

Agency Director: ____________________________________________________

Year park was established: _______________________________________________________

Original acreage: _____________________________ Current acreage: __________________

Is the park owner an agency member of TRAPS? ____ Yes ______ No

How many staff members of the agency are TRAPS members? _______

__________________________________ ___________________________________
Signature of Agency Director Signature of Agency Executive Officer

Application Narrative (limit to three pages):
1. Please include a narrative describing why this park is deserving of the Lone Star Legacy Parks designation.
Include information regarding the park’s original amenities and design, current amenities, unique features,
and natural characteristics.

2. Explain if the park played a significant role in environmental and/or cultural or heritage preservation within
the community. Explain how the park and/or individual resources within the park relate to local or state
prominence.

3. Describe any historic features or located within the park including any WPA/CCC work and/or any historic
designations.

4. Please describe any citizen support systems, initiatives or advocacy programs that support the park.

5. Please list previous awards given to park.

6. Please provide a summary of park usage and average annual attendance.


Attachments:
Please attach 10-12 photos documenting park history including unique, natural and historic features of the park.
A video representing the same is allowed; however, photos will still be required.

Please include letters of support from at least three of the following:
Resident/Park User
City Manager
Mayor/Commissioner
Park Advisory Board Member
Local Civic Club or Organization with ties to the Park
Chamber of Commerce
Local Historic Commission
Academic with specialization in landscape architecture, history, natural resources, etc.

Please include letters of verification of historic designation if applicable:
Texas Historic Commission
Local Historic Commission if locally designated landmark

Please include a copy of park site plan or master plan if available.

Please include a timeline of park history noting major milestones, historic events, renovations & improvements,
or natural disasters regarding the park (limit one page).

Applications can be mailed to:
Texas Recreation and Parks Society
18593 FM 1431
Jonestown, Texas 78645

Application Deadline: January 16, 2012

Balmorhea State Park, circa 1950’s


City of San Angelo
P. O. Box 1751
(325) 657-4241
January 3, 2012

Dr. Michal Anne Lord
Executive Director
Texas Recreation and Park Society
18593 FM 1431
Jonestown, Texas 78645

Dear Dr. Lord:

On behalf of the City Council of the City of San Angelo, I whole-heartedly endorse our
application for Lone Star Legacy Park designation for our Civic League Park. Civic League
Park meets the intent established in the program to be designated as a Legacy Park.

Civic League Park has been a public park since December 1903. It is located near the center of
the City along the beautiful North Concho River. It is home to Native American archaeological
finds dating back almost 8,000 years, beautiful and natural landscapes, Great Depression-era
WPA constructed stone walls and reflection pond, the thriving International Waterlily Collection
and the annual Lily Fest celebration.

It is a place where roughly 40,000 visitors annually enjoy the park and gardens and it is a place
where several community groups such as the San Angelo Council of Garden Clubs, International
Water Gardening Society, Master Gardeners and the San Angelo Independent School District
come together to learn and educate the public in gardening and water gardening.

It is a frequently used place for weddings, wedding receptions and other private events since it is
one of the most serene public spaces in San Angelo.

We thank the Texas Recreation and Park Society for creating the Lone Star Legacy Park
designation so that Civic League Park, as well as other parks in Texas, can be recognized.

Respectfully,

Alvin New
Mayor
City of San Angelo, Texas

City of San Angelo

Memo


From: Shawn Lewis, Director of Community & Economic Development

Subject: Agenda Item for January 3, 2012 Council Meeting

Contact: Shawn Lewis 657-4210 or Donna Osborne 657-9214

Caption: Consent Item

Consideration of approving a recommendation by COSADC on matters relating to the
following City of San Angelo Development Corporation contracts:
a. Approval of a contract by and between the City of San Angelo Development
Corporation (COSADC) and the San Angelo Chamber of Commerce making
provision for a marketing and recruitment program to be conducted by the
Chamber of Commerce for purposes of promoting the City of San Angelo as a
prime location for industry and service sector primary job growth and investment
fostering economic development, and authorizing execution thereof
b. Authorization for City Manager to execute a contract with the City of San Angelo
Development Corporation (COSADC) for the provision of Neighborhood and
Family Services Department administrative services by use of City personnel and
for reimbursement therefore to City from the COSADC, and authorizing execution
thereof
c. Authorization for City Manager to execute a contract with the City of San Angelo
Development Corporation (COSADC) for the provision of administrative services
for COSADC by use of City personnel and for reimbursement therefore to City
from the COSADC, and authorizing execution thereof

Summary: On September 14, 2011, the City of San Angelo Development Corporation
(COSADC) approved the above cited contracts for renewal for fiscal year 2012.
The only changes from the 2011 contracts were the addition of specific
performance measures to be outlined in the contracts. These have been reviewed
and approved by all contracting parties. The Chamber of Commerce and
Neighborhood and Family Services contract amounts will remain at 2011 levels.
The Staff Service contract amount has been adjusted to reflect Council-approved
pay raises and a reduction in services to be provided by the City Clerk.

History: These contracts for 2011 were approved by the COSADC Board on December 15,
2010. The Staff Services contract was later amended at the request of the COSADC
Board to reflect an increase in time spent on COSADC projects. The 2012 Staff
Services contract amount has been adjusted as described above. The other two
contracts for 2012 are to remain at approved 2011 amounts, pending consideration
and/or implementation of recommendations from the Strategic Plan consultant.

The Board reviewed the partner contracts extensively during the 2010 and 2011 fiscal
years. As a result, the contracts were adjusted to include more specific requirements
relating to procedures, expenditure of funds, services to be provided, and reporting
requirements. The COSADC Board requested that specific performance measures be
added to the 2012 contracts, and these have been reviewed and approved by the
contracting parties. All parties acknowledge and understand that any new initiatives
undertaken must be presented to and approved by the COSADC Board and City

Council prior making expenditures for new initiatives.

Financial Impact: a. Chamber of Commerce - $225,000
b. Neighborhood & Family Services Administration - $10,000
c. Staff Services Contract - $325,601
Related Vision Item

(if applicable):

Other Information/ Staff recommends approval of the above contracts in the stated amounts and
Recommendation: authorization for COSADC Board President or his designee to negotiate and execute a
final contract on behalf of the COSADC, and authorizing the City Manager to negotiate
and execute a final contract for the Staff Services and NFS contracts on behalf of the
City of San Angelo, with all other terms and conditions matching the 2011 contract and
amendments.
Attachments: Draft contracts as approved by contracting parties and Legal Department
a. Chamber of Commerce
b. Neighborhood & Family Services Administration
c. Staff Services Contract
Presentation: Shawn Lewis

Publication:

Reviewed by Shawn Lewis
Director:

Approved by Legal:

ECONOMIC DEVELOPMENT MARKETING SERVICES CONTRACT

THE STATE OF TEXAS §
§

This Contract is between the City of San Angelo Development Corporation, a Texas nonprofit
economic development corporation (COSADC) acting herein by and through its duly authorized
President, and the San Angelo Chamber of Commerce, Inc. a non-profit corporation (Chamber) acting
herein by and through its duly authorized President, witnesseth:

WHEREAS, COSADC recognizes the value of an economic development marketing program
designed to attract new businesses and aid existing businesses in the City of San Angelo and Tom Green
County; and

WHEREAS, Chamber, through its Economic Development Department has operated such a
program on a full time basis since 1991; and

WHEREAS, COSADC desires to support an economic development promotion program to
support its own efforts to fund economic development projects; and

WHEREAS, COSADC has identified specific goals and action items designed to strengthen and
expand the business climate and economic viability of San Angelo; and

WHEREAS, COSADC has determined that a contract between COSADC and Chamber will
allow COSADC to effectively and efficiently meet its objectives of providing incentives and assistance to
new and expanding companies,

NOW THEREFORE, pursuant to those objectives COSADC and Chamber have entered into this
Contract.

COSADC and Chamber, in consideration of the mutual covenants and agreements herein
contained do agree as follows:

Article 1. Term

This Agreement shall begin October 1, 2011, and terminate September 30, 2012, unless either Party
terminates this Contract in Accordance with Article 6 herein.

Article 2. Scope of Services

Chamber will provide required services necessary to conduct marketing and recruitment efforts allowed
under the Development Corporation Act of 1979 as amended (Texas Revised Civil Statutes Article
5190.6). The Scope of Services are outlined in Exhibit A (Scope of Services) of this Agreement attached
and incorporated as if fully set forth herein. Specific Required Services and Performance Measures
relating to performance of this contract are outlined in Exhibit C of this Agreement attached and
incorporated as if full set forth herein.

Article 3. Compensation

COSADC does hereby agree to compensate Chamber up to Two Hundred Twenty-Five Thousand and
No/100 Dollars ($225,000.00) for the purpose of promoting economic development through Chamber to
support its own efforts and for all services provided under Exhibit A. Chamber agrees to use the money
and to discharge its duties in accordance with the terms and conditions herein set forth.

Payments to Chamber shall be made in the amount of Eighteen Thousand Seven Hundred Fifty and
no/100 Dollars ($18,750.00) each month. Failure of the Chamber to expend COSADC funds in
accordance with the approved budget shall result in termination of this Contract. Additionally, invoices
incurred and/or approved by COSADC related to the budget categories “Media Advertising” and “Special
Projects” shall be submitted to the Chamber for payment. Such payments shall be paid within 30 days of
receipt of invoices.

Chamber shall maintain complete and accurate financial records of all expenditures of the money
allocated to Chamber by COSADC and on request of COSADC or the City Manager, shall make the
records available for inspection and review to COSADC, City Manager, or his designee. COSADC may,
upon reasonable notice, audit all books and records of Chamber.

-2-

Article 4. Use of Funds

It is expressly understood and agreed by COSADC and Chamber that all funds received from COSADC
by Chamber shall be used solely for the purposes of encouraging, promoting and soliciting economic
development in accordance with Article 2 above, Exhibit A of this Contract, and as detailed in the
specific line item budget described in Exhibit B.

Article 5. Employees

All persons referenced herein to furnish services hereunder are employees of Chamber. In performing its
duties and responsibilities hereunder, the parties acknowledge and agree that Chamber is and shall be an
independent contractor and not an officer, agent or employee of COSADC. This Contract is not intended
to create a joint enterprise. There is no direct pecuniary purpose or profit motive, but rather the purpose
of this Contract is to further the public good. Additionally, Chamber has the sole right to control and
manage its operations.

Article 6. Termination

It is understood and agreed that either party may terminate this Contract by giving the other party notice
in writing of said termination 30 days prior to termination. No funds will be advanced to Chamber after
notice of termination is given. If said Contract should be terminated by either party pursuant to the terms
of this Contract, the consideration paid by COSADC shall be prorated and returned to COSADC along
with all removable personal property which may have been purchased with funds allocated by COSADC.

Article 7. Assignment

This Contract is not subject to assignment without prior written consent of the other party.

Article 8. Reporting

Chamber shall report to COSADC on its activities in relation to this Contract no less than quarterly during
the term of this Contract as described in Exhibit C, or when otherwise requested by COSADC.

Article 9. Hold Harmless

-3-

Each party agrees to indemnify, save harmless, and defend the other from any and all claims, causes of
action, and damages of every kind arising from the operations of the other, its officers, agents and
employees, carried out in furtherance of this Contract.

EXECUTED in duplicate originals this day of ______________, 2011.

CITY OF SAN ANGELO DEVELOPMENT
CORPORATION

By:
Larry Teague, President
ATTEST:

By: __
Donna Osborne, Corporate Secretary

SAN ANGELO CHAMBER OF
COMMERCE, INC.

ATTEST:
By:
By:_________________________ Phil Neighbors, President
Corporate Secretary

APPROVED AS TO CONTENT: APPROVED AS TO FORM:

_______________________________ ____________________________
J. Shawn Lewis, Community and Lysia H. Bowling, City Attorney
Economic Development Director

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City Council January 3, 2012 Agenda Packet

City Council January 3, 2012 Agenda Packet

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