City Council June 7, 2011 Agenda Packet

  • 1,655 views
Uploaded on

 

More in: News & Politics
  • Full Name Full Name Comment goes here.
    Are you sure you want to
    Your message goes here
    Be the first to comment
    Be the first to like this
No Downloads

Views

Total Views
1,655
On Slideshare
0
From Embeds
0
Number of Embeds
0

Actions

Shares
Downloads
8
Comments
0
Likes
0

Embeds 0

No embeds

Report content

Flagged as inappropriate Flag as inappropriate
Flag as inappropriate

Select your reason for flagging this presentation as inappropriate.

Cancel
    No notes for slide

Transcript

  • 1. NOTICE OF A PUBLIC MEETING AN AGENDA OF A REGULAR MEETING OF THE CITY COUNCIL THE CITY OF SAN ANGELO, TEXAS 9:00 A.M. - Tuesday, June 7, 2011 McNease Convention Center, South Meeting Room 500 Rio Concho DriveTHE MCNEASE CONVENTION CENTER IS ACCESSIBLE TO PERSONS WITH DISABILITIES.ACCESSIBLE ENTRIES AND SPECIALLY MARKED PARKING SPACES ARE AVAILABLE AT BOTHMAIN ENTRANCES AT SURBER DRIVE AND RIO CONCHO DRIVE. IF ADDITIONAL ASSISTANCEIS 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. everyday 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 agreementCity Council Agenda Page 1 of 6 June 7, 2011
  • 2. 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 andAddendum 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 City Council Agenda Page 2 of 6 June 7, 2011
  • 3. 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 (Presentation by Finance Director Michael Dane) 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 (Presentation by Finance Director Michael Dane) 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 (Presentation by Finance Director Michael Dane) 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 (Presentation by Finance Director Michael Dane) 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 (Presentation by Finance Director Michael Dane) 19. Discussion of 2011-2016 Capital Improvement Plan (Presentation by Finance Director Michael Dane) 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 providesCity Council Agenda Page 3 of 6 June 7, 2011
  • 4. 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 (Presentation by Planning Manager AJ Fawver) 24. 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 11-06: 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 classificationCity Council Agenda Page 4 of 6 June 7, 2011
  • 5. from Single-Family Residence (RS-1) to Central Business (CB) District; PROVIDING FOR SEVERABILITY AND PROVIDING A PENALTY (Presentation by Planning Manager AJ Fawver) 25. 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 11-07: 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: 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 (Presentation by Planning Manager AJ Fawver) 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”, ORCity Council Agenda Page 5 of 6 June 7, 2011
  • 6. 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 ClerkCity Council Agenda Page 6 of 6 June 7, 2011
  • 7. CITY COUNCIL MINUTE RECORDThe City of San Angelo Page 671Tuesday, May 12, 2011 Vol. 102OPEN SESSIONBE IT REMEMBERED City Council convened in a special meeting at 1:06 P.M., Tuesday, May 12, 2011, inthe San Angelo McNease Convention Center, 500 Rio Concho Drive, San Angelo, Texas. All duly authorizedmembers 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 Farmerwere 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 ofCouncilmember Farmer.SPECIAL AGENDA: PUBLIC HEARING AND COMMENTADOPTION OF A RESOLUTION AUTHORIZING THE CITY MANAGER TO NEGOTIATE ANDEXECUTE 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 Presidentand Financial Advisor Vince Vialle presented background information.General discussion was held on the political and regional aspect of developing a regional water supply, watercapacity forecast, utilization of the Hickory Aquifer, pumping capacity, users of the aquifer, permitted waterallocation, concerns of using ground versus surface water, available water supply, and safeguards in place toprotect local and regional users of the water sources.Motion, to adopt the Resolution, as presented, was made by Councilmember Adams and seconded byCouncilmember 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.ADJOURNMENTMotion, to adjourn, was made by Councilmember Adams and seconded by Councilmember Farmer. Motioncarried unanimously.
  • 8. Page 672 MinutesVol. 102 May 12, 2011The meeting adjourned at 2:04 P.M. THE CITY OF SAN ANGELO ___________________________________ Alvin New, MayorATTEST:_______________________________Alicia Ramirez, City ClerkAnnex AIn accordance with Chapter 2, Article 2.300, of the Official Code of the City of San Angelo, the minutes of thismeeting consist of the preceding Minute Record and the Supplemental Minute Record. Details on Councilmeetings may be obtained from the City Clerk’s Office or a video of the entire meeting may be purchased fromthe Public Information Officer at 481-2727. (Portions of the Supplemental Minute Record video tape recordingmay be distorted due to equipment malfunction or other uncontrollable factors.)
  • 9. CITY COUNCIL MINUTE RECORDThe City of San Angelo Page 1Tuesday, May 17, 2011 Vol. 102 OPEN SESSIONBE IT REMEMBERED City Council convened in a regular meeting at 9:00 A.M., Tuesday, May 17, 2011, inthe San Angelo McNease Convention Center, 500 Rio Concho Drive, San Angelo, Texas. All duly authorizedmembers 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 Farmerwere 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 Angeloand Dan Vardeman, Fire MarshalRio Vista Neighborhood Blitz Partners: Habitat for Humanity, West Texas Organizing Strategy, Angelo StateUniversity, St Mary’s Catholic Church, and Segundo Iglesia Bautista; and Team LeadersEmployees providing assistance on the Wildcat Fire: Operations Administration: Ricky Dickson and ShaneKelton; 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 GilbertPedroza; Street & Bridge: Gary Ayers, Edward Bara, Ismael Flores, Narciso Garcia, Alfredo Garivay, JoeGomez, 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, ArthurGonzales, Jason (Kelly) Haines, Fidel Hernandez, Douglas Kirkham, and Abel Villarreal; Lorenzo Rubio, andJoe Lee Ynojosa; Traffic Department: Mark Clifton, Ike Eisenbach, Roy Torres; Vehicle Maintenance: KevinBuck, Adam Cervantes, Gabriel Esquivel, Patrick Frerich, William Hamilton, Reynald Manuel, FreddyMarcilliotte, Chris Pippin, and John TuceiPUBLIC COMMENTCouncilmember Silvas commented on partnering with TxDOT on painting bridges. He also encouraged furthermarketing and recruiting of events held at the Bill Aylor Riverstage.Councilmember Alexander commented on the various complaints she received regarding the Texas Departmentof Transportation Loop 306 road resurfacing project, signage, and blocked ramps.CONSENT AGENDAAPPROVAL OF THE MAY 3, 2011 CITY COUNCIL REGULAR MEETING MINUTES
  • 10. Page 2 MinutesVol. 102 May 17, 2011ADOPTION OF A RESOLUTION AUTHORIZING THE MAYOR TO EXECUTE A TAX DEEDAUTHORIZING 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 SANANGELO AND KSA ENGINEERS FOR ARCHITECTURAL/ENGINEERING SERVICES IN THEAMOUNT OF $55,833.00 AT SAN ANGELO REGIONAL AIRPORTAUTHORIZATION FOR THE CITY OF SAN ANGELO TO APPLY FOR THE U.S. DEPARTMENT OFJUSTICE OFFICE OF COMMUNITY ORIENTED POLICING SERVICES (COPS) GRANT IN THEAMOUNT OF $1,250,639.00 AND AUTHORIZATION FOR THE CITY MANAGER TO EXECUTE ANYRELATED GRANT DOCUMENTSAPPROVAL OF A RECOMMENDATION BY THE CITY OF SAN ANGELO DEVELOPMENTCORPORATION (COSADC) AUTHORIZING THE CITY MANAGER TO NEGOTIATE TERMS OF APROFESSIONAL SERVICES AGREEMENT WITH CASABELLA ARCHITECTS FOR DESIGN ANDCONSTRUCTION OVERSIGHT OF THE BUSINESS RESOURCE CENTER, AND AUTHORIZATIONFOR THE PRESIDENT OF COSADC TO SIGN THE AGREEMENT ON BEHALF OF THECORPORATIONAPPROVAL OF A PROPOSED UTILITY EASEMENT BY AEP TEXAS NORTH COMPANY FORUNDERGROUND ELECTRICAL LINES AND EQUIPMENT AT NEW FIRE STATION #5ACCEPTANCE OF DONATIONS IN THE AMOUNT OF $222,000.00 FOR DEVELOPMENTENHANCEMENTS FOR PRODUCERS PARK AND AUTHORIZING THE CITY MANAGER TOAPPROVE A CHANGE ORDER FOR THE PROJECT UP TO $222,000.00Motion, to approve the Consent Agenda, as presented, was made by Councilmember Hirschfeld and secondedby Councilmember Farmer. Motion carried unanimously.REGULAR AGENDA: PUBLIC HEARING AND COMMENTSECOND HEARING AND ADOPTION OF AN ORDINANCE AMENDING CHAPTER 2,ADMINISTRATION, ARTICLE 2.2000 OF THE CITY OF SAN ANGELO CODE OF ORDINANCESRELATED 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, MUNICIPALCOURT FEES, BY ADDING SECTION 2.2007 AUTHORIZING THE ACCEPTANCE OF CREDIT CARDSAS PAYMENT FOR FEES, FINES, COURT COST, OR OTHER CHARGE ON BEHALF OF THE CITY,PROVIDING FOR A PROCESSING FEE, PROVIDING SEVERABILITY AND PROVIDING FOR ANEFFECTIVE DATEJudge Gilbert presented background information and explained the credit card processing fee and associatedcosts.Motion, to adopt Ordinance, was made by Councilmember Morrison and seconded by CouncilmemberHirschfeld. Motion carried unanimously.SPECIAL AGENDAADMINISTRATION OF OATHS OF OFFICE FOR MAYOR, SINGLE MEMBER DISTRICTREPRESENTATIVES 2, 4, AND 6, AND PRESENTATION OF CERTIFICATES OF ELECTION
  • 11. Minutes Page 3Date, 2011 Vol. 102City Clerk Alicia Ramirez administered the Oath of Office and Mayor New presented the Certificates ofElection.APPOINTMENT OF MAYOR PRO-TEMPORE FOR THE 2011-12 CITY COUNCILMotion, to appoint Councilmember Farmer as Mayor Pro-Tempore, was made by Councilmember Alexanderand 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 thePermanent Supplemental Record.General discussion was held on the negative impacts of the illegal trash dumping, discarded cigarette butts, andadditional trash receptacles required within the downtown area.Mayor New requested the group provide an update on the economic impact for the downtown area before andafter the adoption of the smoking ban.RECESSAt 10:08 A.M., Mayor New called a recess.RECONVENEAt 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, CITYOF SAN ANGELO, TEXAS, WHICH SAID EXHIBIT “A” OF CHAPTER 12 ADOPTS ZONINGREGULATIONS, USE DISTRICTS AND A ZONING MAP, IN ACCORDANCE WITH ACOMPREHENSIVE PLAN, BY CHANGING THE ZONING AND CLASSIFICATION OF THEFOLLOWING PROPERTY, TO WIT: 6005-6007 Knickerbocker Road at southwest corner of Red Bluff andKnickerbocker 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 PENALTYPlanning Manager AJ Fawver presented background information. A copy of the presentation is part of thePermanent 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 byCouncilmember Alexander. AYE: New, Alexander, Silvas, Adams, and Hirschfeld. NAY: Morrison andFarmer. Motion carried 5-2.TIE VOTE ON THE APPEAL FROM PLANNING COMMISSION’S DECISION ON APRIL 18, 2011 TODENY 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 SINGLESUCH SIGN AT 1003-1011 CADDO STREET (EASTBOUND FRONTAGE ROAD FOR HOUSTONHARTE EXPRESSWAY) AT ITS INTERSECTION WITH NORTH PARK STREET, SPECIFICALLY ONLOTS 1 THRU 3 IN BLOCK 57 OF ANGELO HEIGHTS ADDITION TO SAN ANGELO
  • 12. Page 4 MinutesVol. 102 May 17, 2011Planning Manager AJ Fawver presented background information. A copy of the presentation is part of thePermanent Supplemental Record.Motion, to reverse the Planning Commission’s previous action to deny the variance, as presented, was made byCouncilmember 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 5.902OF THE CITY OF SAN ANGELO CODE OF ORDINANCES RELATED TO THE MAXIMUM NUMBEROF GARAGE SALES HELD BY AN OWNER OF PROPERTYAN ORDINANCE AMENDING CHAPTER 5 OF THE CODE OF ORDINANCES, CITY OF SANANGELO, TEXAS, OF WHICH ARTICLE 5.900 ADOPTS GARAGE SALE REGULATIONS,SPECIFICALLY BY AMENDING SUBSECTION 5.902(b) TO STIPULATE THAT THE NUMBER OFGARAGE SALES ALLOWED ANNUALLY BE LIMITED TO THE NUMBER THREE (3); PROVIDINGFOR SEVERABILITY; AND PROVIDING AN EFFECTIVE DATEThe item was requested by Councilmember Morrison.Discussion was held on adding the word “reporting” to the annual limit number of garage sales and the possibleconcerns 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 yearper 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 byCouncilmember 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 COUNCILAN ORDINANCE AMENDING CHAPTER 1, GENERAL PROVISIONS, ARTICLE 1.1000 ENTITLED“ORDINANCES”, BY REPEALING SECTION 1.1002 ENTITLED “RECONSIDERATION”; PROVIDINGFOR SEVERABILITY AND PROVIDING AN EFFECTIVE DATEThe 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 byCouncilmember 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 ANIMALSERVICES ADVISORY COMMITTEE RESIDENCY REQUIREMENTAN ORDINANCE AMENDING CHAPTER 2, ENTITLED “ANIMAL SHELTER ADVISORYCOMMITTEE”, ARTICLE 2.3803 ENTITLED “COMPOSITION”, OF THE CODE OF ORDINANCES OF
  • 13. Minutes Page 5Date, 2011 Vol. 102THE CITY OF SAN ANGELO, TEXAS TO REQUIRE THAT ALL VOTING ANIMAL SHELTERADVISORY COMMITTEE MEMBERS BE CITY RESIDENTS, TO WIT: BY DELETING THE PORTIONOF THE SENTENCE IN 2.3803(1)(D) THAT READS “WHO ARE RESIDENTS OF THE CITY OF SANANGELO”; AND ADDING A PORTION OF A SENTENCE THAT READS “AND WHO ARE RESIDENTSOF 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 DATEHealth Services Manager Sandra Villarreal presented background information.Councilmember Alexander suggested other animal service professions should also be included from outside thecity limits.Motion, to introduce the Ordinance, as presented, was made by Councilmember Silvas and seconded byCouncilmember Adams. AYE: New, Morrison, Silvas, Adams, Hirschfeld, and Farmer NAY: Alexander.Motion carried 6-1.RECESSAt 12:05 P.M., Mayor New called a recess.EXECUTIVE/CLOSED SESSIONAt 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 propertyExecutive 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 beOpen, Section 551.087 to discuss an offer of financial or other incentive to a company or companies withwhom the City of San Angelo is conducting economic development negotiations and which the City of SanAngelo seeks to have, locate, stay or expand in San AngeloOPEN SESSION (continued)At1:30 P.M. City Council concluded the Executive/Closed Session whereupon the following business wastransacted:RECESSAt 1:30 P.M., Mayor New called a recess.RECONVENEAt 1:44 P.M., Council reconvened, and the following business was transacted:DIRECTION TO STAFF TO AMEND THE SET-BACK REQUIREMENTS CURRENTLY REQUIREDUNDER ARTICLE 3.800 REQUIREMENTS GOVERNING HOOFED ANIMALS (A) IT SHALL BEUNLAWFUL FOR ANY PERSON TO KEEP COWS, HORSES, GOATS OR OTHER HOOFED ANIMALSIN A PEN OR ENCLOSURE, OR TO KEEP OR PARK A TRAILER OR VEHICLE WHICH CONTAINSSUCH ANIMALS., WITHIN ONE HUNDRED FEED (100’) OF ANY RESIDENCE, BUSINESS, ORINSTITUTION OTHER THAN THE RESIDENCE, BUSINESS, OR INSTITUTION OF THE OWNERS OFSUCH ANIMALSThe item was requested by Councilmember Morrison. Health Services Manager Sandra Villarreal presentedbackground information.
  • 14. Page 6 MinutesVol. 102 May 17, 2011Motion, to grant the variance to Mr. Overstreet from this ordinance, was made by and seconded by . Motioncarried 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 extenuatingcircumstances to those residing in the area prior to the new development, and complaints received by localresidents and the public.In conclusion, Council directed staff to move forward with the Ordinance amendment regarding a grandfatherclause providing for exceptions to those residents already in the area prior to the new development, specificallythe 30 day requirement to relocate their animals and other possible restrictions resulting from the newdesignation.Public comment was made by Citizen Jim Turner.FIRST PUBLIC HEARING AND INTRODUCTION OF AN ORDINANCE AMENDING THE 2010-2011BUDGET FOR GRANTS AND INCOMPLETE PROJECTS WHICH NECESSITATE BUDGETAMENDMENTSAN ORDINANCE OF THE CITY OF SAN ANGELO AMENDING THE BUDGET FOR THE FISCALYEAR BEGINNING OCTOBER 1, 2010, AND ENDING SEPTEMBER 30, 2011, FOR GRANTS, CAPITALPROJECTS AND INCOMPLETE PROJECTSFinance Director Michael Dane presented background information. He noted three of the five proposedamendments will be postponed to a future meeting. Items to be considered at this hearing included CongregateMeals Program and Producers Park Improvements.Motion, to introduce Ordinance, as presented, was made by Councilmember Adams and seconded byCouncilmember Farmer. Motion carried unanimously.DISCUSSION AND UPDATE ON THE MASTER DEVELOPER COMMITTEEAssistant City Manager Elizabeth Grindstaff presented background information. She announced the firstmeeting is scheduled for Friday, May 20, 2011.SECOND PUBLIC HEARING OF COMMENTS FOR AND AGAINST PROPOSED ANNEXATION OFAPPROXIMATELY 200 ACRES LOCATED SOUTHWEST OF SAN ANGELO’S EXISTING CITYLIMITS, ENCOMPASSING THE LAKE NASWORTHY POWER STATION AT 6465 KNICKERBOCKERROAD, AN ADJACENT ELECTRIC SUBSTATION, AN APPROXIMATELY 500-FOOT WIDE STRIP OFLAND OCCUPIED BY PARALLEL ARRAYS OF ELECTRIC POWER TRANSMISSION LINES, AND ANAPPROXIMATELY 0.34-MILE SEGMENT OF RIGHT-OF-WAY FOR RED BLUFF ROADPlanning Manager AJ Fawver presented background information.FOLLOW UP AND ADMINISTRATIVE ISSUESCONSIDERATION OF MATTERS DISCUSSED IN EXECUTIVE/CLOSED SESSIONNo action was taken on matters discussed in Executive/Closed Session.DENIAL OF A RESOLUTION AUTHORIZING THE CITY MANAGER OR HIS DESIGNEE TONEGOTIATE AND EXECUTE A TERMINATION OF LEASE AGREEMENT AND RELEASE OF CLAIMWITH SKYLINE AVIATION, INC.The item was requested by Councilmember Morrison.Comments were made by Palm Beach attorney Kern Lewis of Foremen, Lewis & Hutchison.
  • 15. Minutes Page 7Date, 2011 Vol. 102Discussion was held on the termination of the lease and issues related to the settlement suit between Skyline andthe City of San Angelo.Motion, to adopt the Resolution, as presented, was made by Councilmember Morrison and seconded byCouncilmember 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.RECESSAt 3:54 P.M., Mayor New called a recess.RECONVENEAt 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 ORHIS DESIGNEE TO NEGOTIATE AND EXECUTE A LEASE AGREEMENT AND RELATEDDOCUMENTS WITH PALM BEACH JET GROUP, INC. FOR PROPERTY LOCATED AT THE SANANGELO REGIONAL AIRPORTNo consideration or action necessary due to City Council’s denial of Skyline Aviation, Inc. lease terminationagreement.CONSIDERATION OF FUTURE AGENDA ITEMSCity Manager Harold Dominguez distributed the proposed June 7, 2011, 2011 Agenda and solicited Councilcomments and suggestions.Councilmember Alexander requested updates on the Foster Road speed limit findings and sign ordinancerevisions.ADJOURNMENTMotion, to adjourn, was made by Councilmember Morrison and seconded by Councilmember Adams. Motioncarried unanimously.The meeting adjourned at 4:31 P.M. THE CITY OF SAN ANGELO ___________________________________ Alvin New, MayorATTEST:_______________________________Alicia Ramirez, City ClerkAnnexes A-C
  • 16. Page 8 MinutesVol. 102 May 17, 2011In accordance with Chapter 2, Article 2.300, of the Official Code of the City of San Angelo, the minutes of thismeeting consist of the preceding Minute Record and the Supplemental Minute Record. Details on Councilmeetings may be obtained from the City Clerk’s Office or a video of the entire meeting may be purchased fromthe Public Information Officer at 481-2727. (Portions of the Supplemental Minute Record video tape recordingmay be distorted due to equipment malfunction or other uncontrollable factors.)
  • 17. City of San AngeloMemo 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.
  • 18. City of San AngeloMemo 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 $499,217.00. This will be funded by the City Hall Project, Auditorium Project and the future Water Billing Project Other Information/ Staff Recommends the purchase of the mechanical equipment for the City Hall Recommendation: Plaza central plant through the TCPN. Attachments: Proposal Presentation: None Reviewed by: Elizabeth Grindstaff, Assistant City Manager, May 27, 2011
  • 19. Trane A Division of American Standard Inc. ProposalPrepared For: Date: 5/27/2011City Of San AngeloTCPN Customer Number: TCPN Proposal Number:10590 02-10590-11-001Job Name: Engineer:San Angelo Theater Annex Jacob SublettDelivery Terms: Payment Terms:Freight Allowed and Prepaid - F.O.B. Jobsite Net 30 DaysTrane is pleased to provide the enclosed proposal for your review and approval.ChillersTag Data - Air-Cooled Helical Rotary Water Chillers (Qty: 2)Item Tag(s) Qty Description Model NumberA1 CH-1 1 Air-Cooled Series R(TM) ( RTAC ) RTAC200A2 CH-2 1 Air-Cooled Series R(TM) ( RTAC ) RTAC200Product Data - Air-Cooled Helical Rotary Water ChillersAll Units Air cooled Series R(TM) model RTAC 200 nominal tons 460v/60 hz/3 ph Startup allowance High efficiency configuration C/UL listing ASHRAE 90.1 all versions compliant ASME Standard 40-60F leaving, with evaporator heaters 2 pass arrangement, insulated Standard ambient temperature range Aluminum slit fins Low noise fans Wye-delta closed transition starter Single point power connection Non-fused disconnect switch(es) Remote leaving water temp setpoint Alarm relay Factory installed flow switch - for use when evap fluid type = water Refrigerant isolation valves Factory installed sound attenuator Elastomeric isolators (Fld) English Year 2-5 parts warranty whole unit 1st Year Labor Warranty Whole Unit 2nd thru 5th year Labor Warr Motor/Comp Only Architectural louvered panels Low Ambient Control to 0Total Net Price (Excluding Sales Tax) ......................................................$ 218,668.00
  • 20. Trane A Division of American Standard Inc. ProposalBoilersItem Tag(s) Qty Description Model Number TCPN Product Code B#1, B#2 Lochinvar PBN - 2001Boilers (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. Factoryauthorized start-up is included.Total Net Price (Excluding Sales Tax) ..........................................................$ 90,500.00PumpsItem Tag(s) Qty Description Model Number TCPN Product Code CWP #1, Bell and Gosset 1510 Centrifugal CWP#2 HWP#1, Bell and Gosset 1510 Centrifugal HWP#2 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 separatorsIncludes 1” spring Isolators to be mounted to pump base for each pumpTotal Net Price (Excluding Sales Tax) ...........................................................$ 84,500.00VFDTag Data - VFD (Qty: 4)Item Tag(s) Qty Description Model Number (2) 50 HP; (2) 4 Indoor vfds 20HPProduct Data – Pump VFDs(4) Indoor vfds with bypass and factory start=upTotal Net Price (Excluding Sales Tax) ...............................................…….......$ 24,500.00
  • 21. Trane A Division of American Standard Inc. ProposalFCU/ Blower Coil UnitsTag Data - Fan Coil Air Conditioning Units (Qty: 1)Item Tag(s) Qty Description Model NumberC1 FCU# 1 1 Fan Coil Air Conditioners FCDB0303K**D0D10AF3M00-- (UniTrane) ( D1KKFG200020000CA000Product Data - Fan Coil Air Conditioning UnitsItem: 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 WarrantyTag Data - BCXC Blower Coil Air Handler (Qty: 2)Item Tag(s) Qty Description Model NumberB1 BC#1 1 BCXC Blower Coil Air Handler ( BCHC054D1**A2AF4G000000BC4J0000002N BCXC ) C0100B2 BC#2 1 BCXC Blower Coil Air Handler ( BCHC072D1**A2AM4F000000BC4FU2FQ202 BCXC ) NC0100Product Data - BCXC Blower Coil Air HandlerAll 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 unitIncludes rubber grommet isolatorsTotal Net Price (Excluding Sales Tax) ...............................................…….......$ 9,962.00
  • 22. Trane A Division of American Standard Inc. ProposalExhaust Fans/ LouversTag Data – Exhaust Fans (Qty: 2)Item Tag(s) Qty Description Model Number CF # 1; CF #2 2Product 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 60x30Product Data – Louvers – Intake and Exhaust Louvers(2) 60x30 aluminum louvers.Total Net Price (Excluding Sales Tax) ...............................................…….......$ 2,650.00ControlsTracer 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 warrantyTotal Net Price (Excluding Sales Tax) .........................................................$ 68,932.00
  • 23. Trane A Division of American Standard Inc. ProposalJacob SublettWest Texas Sales Team Leader717 East 40th StreetLubbock, TX 79404 City Of San Angelo Representative Trane Representative By By Signature Signature Title Title Date DateAnticipation Discount Statement – Use if ApplicableTrane is pleased to offer you an opportunity to maximize the value of your purchase by offering yousavings with the Anticipation Discount Program (ADP). The following discount is available forpayment on (Sales Fills in if Applicable) for delivery on December 20, 2002:Total Net Savings (Excluding Sales Tax) $
  • 24. City of San AngeloMemo 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 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 Other Information/ Staff recommends the approval of extending the professional services contract Recommendation: with Killis Almond Architects for the Auditorium Expansion & Rehabilitation Project. Attachments: Budget
  • 25. Presentation: NoneReviewed by: Elizabeth Grindstaff, Assistant City Manager, May 27, 2011
  • 26. City of San Angelo, Texas - Addition to Stage and Auditorium UpgradesFee 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 Design Construction Bid/Contract Consultant / Company Schematic TOTALS Development Documents AdminArchitectural/Rehab Fees on Auditorium Improvements $ 18,000.00 $ 35,000.00 $ 17,000.00 $ 70,000.00Architectural Annex Design through Schematic $ 40,000.00 $ 40,000.00Structural Fixed Fee for Annex Design to DD pricing & Basement $ 3,675.00 $ 6,125.00 $ 9,800.00 $ 4,900.00 $ 24,500.00MEP 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 $ 50,000.00MEP For Auditorium including Alternate No.1 & Stage Sound/Lighting $ 20,000.00 $ 5,000.00 $ 15,000.00 $ 5,500.00 $ 45,500.00Civil and Site Planning $ -TOTALS $ 78,675.00 $ 44,125.00 $ 74,800.00 $ 32,400.00 $ 230,000.00Additional Services Design Construction Bid/Contract Basic Schematic Development Documents Admin TOTALSOmar Longoria - Acoustical Consultant $ 1,500.00 $ 2,500.00 $ 4,000.00APT Hank Lam Sound Consultant $ 3,900.00 $ 6,500.00 $ 10,400.00 $ 5,200.00 $ 26,000.00WJHW Theatre Consultants $ 5,700.00 $ 9,500.00 $ 15,200.00 $ 7,600.00 $ 38,000.00Reimbursable Expenses Allowance $ 2,000.00 $ 4,000.00 $ 6,000.00 $ 10,500.00 $ 22,500.00TOTALS AT COST TO FIRM $ 13,100.00 $ 22,500.00 $ 31,600.00 $ 23,300.00 $ 90,500.00Arch. Coordination On Additional Services $ 2,000.00 $ 3,000.00 $ 6,000.00 $ 3,000.00 $ 14,000.00Total Projected Fees to A/E Firms $ 93,775.00 $ 69,625.00 $ 112,400.00 $ 58,700.00 $ 334,500.00Killis Almond Architects, P.C.342 Wilkens Ave.San Antonio, Texas 78210Additional Services billed hourly at the following rates: Arch./Eng. - $160/hr Project Manager - $135/hr Support Staff - $95/hr Production/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
  • 27. City of San Angelo Parks & RecreationMemorandum Date: June 2, 2011 To: Mayor and Councilmembers From: Carl White, Parks and Recreation Director Subject: Agenda Item for June 7, 2011, Council Meeting Contact: Carl White, 657-4450 or 234-1724 Caption: Consent Agenda Item 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 The cost of these services would be $57,700 and would come out of the Impact: dedicated half-cent sales tax funding for the North Concho River Project.
  • 28. Attachments: None.Presentation: None.Publication: None.Reviewed by: Rick Weise, Assistant City Manager, May 27, 2011
  • 29. City of San AngeloMemo Date: May 16, 2011 To: Mayor and Councilmembers 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.
  • 30. LAKE NASWORTHY RESIDENTIAL LOT LEASE This lease is made and entered into by and between the CITY OF SANANGELO, a Texas municipal corporation, ("Lessor"), whose address is P.O. Box 1751,San Angelo, Tom Green County, Texas 76902, and Bette Williams whose address is1814 Cove Road, San Angelo, TX 76904 ("Lessee"). I. DEMISE OF LEASED PREMISES1.1 In consideration of the mutual covenants, conditions and agreements set forth inthis lease, Lessor hereby demises and leases to Lessee, and Lessee hereby acceptsand leases from Lessor, the following described real property (hereinafter called "leasedpremises") 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 DATE2.1 This lease is granted for a period of forty (40) years beginning October 1, 2011and ending September 30, 2051, in consideration of the initial payment of $150.00,which payment includes the granting fee, receipt of which payment is herebyacknowledged, and the further consideration of Lessees payment of future annual rentin accordance with subsequent paragraphs hereof and Lessees compliance with thestipulations and conditions hereinafter set forth. TIME AND MANNER OF PAYMENT2.2 Lessee shall pay annual rent to Lessor at the San Angelo Water UtilitiesDepartment, P.O. Box 1751, San Angelo, Texas, 76903, or at such other place asLessor may from time to time designate by written notice to Lessee. Such rent shall bepaid annually on or before October 1 during the term of this lease in accordance withthe 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 *
  • 31. * Annual rent shall be the appraised market value of the leased premises multiplied by afactor of 0.08. Such appraised market value shall be determined and adjusted inaccordance with applicable City ordinances in effect at the time of execution of thislease. DELINQUENT PAYMENTS2.3 Lessee shall pay to Lessor a late charge or interest for any rent received byLessor 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 construedas a waiver of the right of Lessor to terminate this lease at its option as authorizedherein. HOLD OVER2.4 Any holding over by Lessee of the herein leased premises after the expiration ofthis 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 UTILITIES3.1 Any utility charges shall be paid in full by Lessee when due. Failure to pay suchcharges shall, at the option of Lessor, result in forfeiture of this lease. TAXES3.2 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 duringthe term of this lease may be levied on or assessed against the leased premises and allinterest therein and all improvements and other property thereon, whether belonging toLessor or Leaser to which either of them may become liable. Lessee shall pay all suchtaxes, charges, and assessments to the public officer charged with the collection thereofnot less than fifteen (15) days before the same shall become delinquent, and Lesseeagrees to indemnify and save harmless Lessor from all such taxes, charges andassessments. Failure to pay such taxes and special assessments as provided hereinshall, at the option of Lessor, result in forfeiture of this lease. WATER, SEWAGE, PAVING IMPROVEMENTS3.3 In the event the Lessor lays sewer and/or water lines on, adjacent to or in thevicinity of the leased premises, Lessee agrees to pay the pro rata front-foot cost oflaying said line or lines as established by and in accordance with city policies then inexistence.
  • 32. 3.4 Lessee expressly agrees that if city water or sewer lines are ever located within200 feet of the leased premises, Lessee will tie on to such service at its own expense atthe 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 toprevailing city policies. IV. RULES AND REGULATIONS4.1 The rules and regulations provided in those certain ordinances of the CityCouncil of the City of San Angelo, ("Council"), adopted April 2, 1951, and now known asthe Lake Nasworthy-Twin Buttes Ordinances and any and all subsequent amendmentsadopted heretofore or hereafter are expressly incorporated herein by reference as termsand conditions of this lease. This lease is expressly made subject to any ordinancesadopted in the future by the Council for the regulation of Lake Nasworthy andsurrounding property, including but not limited to, safety, sanitation, and ecologicalrequirements. 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 UtilitiesDepartment of the City of San Angelo subject to the approval of the Council. V. USE OF LEASED PREMISES CONSTRUCTION BY LESSEE5.1 The premises shall be used only for a single family residence and lawful usesincidental 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 Lessors 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 Citys wastewater
  • 33. 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 EASEMENTS5.2 Lessor, its agents or assigns, reserves the privilege and right at any time toexecute 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
  • 34. in such event this lease shall be subject and subordinate to the rights, terms andprivileges of any such oil, gas and other mineral leases or such easements as may havebeen executed heretofore or hereafter by Lessor, its agents or assigns. An easementacross leased premises is hereby retained by Lessor for the purpose of laying sewerand water lines and/or for necessary rights-of-way for roads, alleys or otherthroughways. VI. ENCUMBRANCE OF LEASEHOLD ESTATE ENCUMBERING LEASEHOLD INTEREST ONLY6.1 Lessee shall not have the right to encumber the fee simple, but Lessee mayrequest Lessors written consent (pursuant to article XII of this lease) to encumber theleasehold estate, personal property or improvements made by Lessee which may beremoved from the realty without injury to the realty; provided however, that nomortgagee nor anyone who claims by, through or under such mortgage or deed of trustshall, by virtue of such mortgage or deed trust, acquire any greater or more extendedrights than Lessee has under this lease but such mortgage or deed of trust shall be inevery respect subject, subservient and subordinate to all of the conditions, provisions,requirements, covenants and obligations of this lease. The mortgagee under any suchdeed of trust or mortgage shall have the right to assume this lease and perform itsterms and conditions to protect itself. NOTICES TO LENDER6.2 Any lender or mortgagee may notify Lessor in writing that a mortgage or deed oftrust has been given and executed by Lessee and furnish Lessor with the address towhich it desires copies of notices to be mailed. Lessor agrees to mail to lender ormortgagee or its designated agent or representative, at the address given, a copy ofany notice which Lessor gives, mails, or serves on Lessee under the terms of this leaseafter receipt of such a notice from the lender or mortgagee. VII. CONDITION OF PREMISES NO WARRANTY7.1 LESSOR GIVES NO WARRANTY, EXPRESS OR IMPLIED, AS TO THECONDITION OF THE LEASED PREMISES OR ANY IMPROVEMENTS THEREON,INCLUDING WARRANTY OF HABITABILITY OR FITNESS FOR A PARTICULAR USE. AVAILABILITY AND USE OF LAKE WATER7.2 Lessor in no way guarantees the accessibility of water to the leased premises northe level of water in Lake Nasworthy.
  • 35. Lessee can use water from the lake, river, and/or wells on the premises fordomestic purposes and water of existing trees and shrubs; but no water will be removedfrom the premises. Use of water for irrigation is expressly prohibited. Lessee shall usewater in a conservative manner, and any abusive use of water shall be grounds fordenying the use of water to the Lessee. Lessee shall pay the applicable water usecharge as set by the Lessor, for water or raw water usage, as the case may be. VIII. REPAIRS AND MAINTENANCE LESSEES DUTY TO REPAIR AND MAINTAIN8.1 Lessee agrees to keep and maintain any and all structures erected or caused tobe erected or placed on the leased premises in good and tenantable condition, tomaintain its appearance, and to landscape and keep said premises cleared of allobjectionable matter, things, and vegetation. Leased premises shall not be used for theoutside storage of usable materials for unreasonable lengths of time. In the eventLessee shall fail to maintain leased premises in a manner acceptable to Lessor, afternotice to Lessee as prescribed by city ordinance, the Lessor shall cause leasedpremises to be cleaned, cleared, and mowed. Lessee expressly authorizes the cost ofany such clearing, cleaning, and mowing to be billed to it or added to the next annualrental 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 suchcost is paid in full. DAMAGE OR DESTRUCTION8.2 The parties hereto acknowledge that the leased premises are within an areasubject to overflow and flooding and it is expressly agreed between the parties thatneither Lessor nor any of its agents or employees shall be liable to Lessee for anydamages caused in any manner, negligent or otherwise, by high water or floods at LakeNasworthy, nor by the rivers or creeks which serve as its sources of supply or diversionchannels, nor by reason of any work deemed necessary in Lessors sole judgment inthe maintenance of said Lake and sources of supply or diversion channels and alldamages occasioned thereby are hereby waived, and when Lessor (or any agentthereof) deems it necessary to enter on the leased premises for any of the abovepurposes, its judgment shall be conclusive. IX. SUSPENSION OF PRIVILEGES HEALTH MATTERS9.1 It is expressly understood and agreed that Lessor may at any time, without noticeto Lessee or any mortgagee, suspend or revoke any and all privileges granted hereinfor such length of time as in its sole judgment is necessary for the purpose ofsuppressing 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
  • 36. the water consumers of San Angelo, Texas. In the event privileges are suspended byLessor, rent shall be prorated; and if the lease is revoked, Lessor shall pay Lessee anamount equal to the market value of any structures or improvements hereto made orerected on leased premises in compliance with the terms of this lease. PUBLIC PURPOSES9.2 If Lessor shall deem that leased premises are required for any public purpose orthat condemnation is necessary, Lessor shall have the right to terminate this lease bygiving ninety (90) days written notice of such termination to Lessee and any mortgageewho has notified the Water Utilities Department of its lien and its address for noticepurposes; and Lessee agrees to promptly deliver possession of leased premises toLessor; and this lease shall terminate upon the expiration of ninety (90)days after thedate of such notice; and in such event Lessor shall pay Lessee an amount equal to themarket value of any structures or improvements hereto made or erected on leasedpremises in compliance with the terms of this lease. X. RELEASE10.1 Lessee expressly releases Lessor, its officers, agents, and employees from anyand all claims for damages of any kind by reason of the condition of the premiseshereby leased, or any improvements thereon or any damages incurred in the enjoymentor exercise of the privileges granted hereunder, or for damage to its person or propertycaused by the opening of the gates at Nasworthy Dam, the lowering of the normal waterelevation in the lake, or due to flood or high water, or any fluctuating water levels whichmay arise in the use and operation of Lake Nasworthy, or in the joint use and operationof Lake Nasworthy, San Angelo Reservoir, and Twin Buttes Reservoir for the purposesof recreation, irrigation, and water supply, or for any other purpose. XI. INDEMNIFICATION11.1 Lessee further agrees to indemnify and hold Lessor, its officers, agents, andemployees, 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 theprivileges conferred by this lease, and agrees to reimburse Lessor for any expensesincurred in the defense of any such claim, including reasonable attorneys fees andcourt costs actually incurred. XII. TRANSFER, ASSIGNMENT, AND SUBLETTING12.1 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 unreasonablywithheld. Lessee may not sublet the leased premises, in whole or in part, without theprior written consent of the Lessor. Any such transfer, assignment or sublease shall beevidenced in writing, properly executed and acknowledged by both parties thereto; acopy shall be delivered to Lessor and the original shall be recorded in the office of the
  • 37. County Clerk of Tom Green County, Texas. It is agreed, however, that each suchtransfer, assignment or sublease shall be subject to the obligations to Lessor as setforth in this lease and shall not release Lessee or Lessees obligations under the lease. XIII. ABANDONMENT, DEFAULT AND REMEDIES NOTICE OF INTENT TO TERMINATE LEASE13.1 In the event Lessee shall (1) abandon the premises or (2) default in performanceof any of the covenants and conditions required herein to be kept and performed byLessee and such default continues for a period of thirty (30) days, Lessor shall have theright to terminate this lease. Lessor will give thirty (30) days written notice of its intentionto terminate the lease to Lessee and any mortgagee who has notified the Water UtilitiesDepartment of its lien and its address for notice purposes, and Lessee and anymortgagee will have such thirty (30) days within which to cure such default and therebyavoid termination. Notice shall be sufficient if delivered to Lessee at the addressspecified in this lease or at such other address as Lessee may in writing designate toLessor. Upon Lessors election to terminate, this lease shall cease. POSSESSION13.2 Lessee agrees at the termination of this lease to deliver possession peacefully tothe Lessor or its agents or employees; and if it fails to give peaceful possession, Lessormay take forceful possession of said premises and eject all parties therefrom withoutbeing guilty of trespass; and all damages occasioned thereby are hereby waived. REMOVAL OF IMPROVEMENTS13.3 All buildings and other improvements placed on the property by Lessee (excepttrees, shrubs, flowers and plants) which may be removed without injury to the realtyshall remain the property of Lessee. It is understood and agreed, however, thatbuildings and improvements shall be held by the Lessor until all rentals due Lessor byLessee 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 suchbuildings and improvements and apply the proceeds to the amount due Lessor, withinterest 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 thepremises after the expiration of ninety (90) days following the termination of this lease,however terminated, shall be deemed abandoned by Lessee and shall become theproperty of Lessor. OTHER REMEDIES
  • 38. 13.4 Any termination of this lease shall not relieve Lessee from the payment of anysum or sums that are due and payable to Lessor under the lease, or any claim fordamages then or previously accruing against Lessee under this lease, and any suchtermination shall not prevent Lessor from enforcing the payment of any such sum orsums or claim for damages by any remedy provided for by law, or from recoveringdamages from Lessee for any default under the lease. All rights, options, and remediesof Lessor contained in this lease shall be construed and held to be cumulative, and noone of them shall be exclusive of the other, and Lessor shall have the right to pursueany one or all of such remedies or any other remedy or relief which may be provided bylaw, whether or not stated in this lease. No waiver by Lessor of a breach of any of thecovenants, conditions, or restrictions of this lease shall be construed or held to be awaiver 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 LESSEE14.1 The relationship between Lessor and Lessee at all times shall remain solely thatof landlord and tenant and shall not be deemed a partnership or joint venture. PARTIES BOUND14.2 This agreement shall be binding upon and inure to the benefit of the parties ofthe lease and their respective heirs, executors, administrators, legal representatives,successors and assigns. HEADINGS14.3 The paragraph headings contained herein are for convenience and referenceand are not intended to define, extend or limit the scope of any provisions of this lease. SUPERSEDES PRIOR AGREEMENTS14.4 If this lease replaces another lease, all prior agreements are superseded by thislease. ENTIRE AGREEMENT/AMENDMENTS14.5 This lease constitutes the entire agreement between the parties, and Lessor isnot bound by any agreement, condition or stipulation, understanding or representationmade by any of Lessor’s agents not contained herein. No amendment to this lease shallbe effective unless such is in writing and signed by both parties. VIOLATIONS OF LEASE
  • 39. 14.6 IT IS FURTHER UNDERSTOOD AND AGREED BETWEEN THE PARTIESTHAT THE VIOLATION OF ANY TERM, STIPULATION, CONDITION, ORCOVENANT, SHALL ENTITLE THE LESSOR, AT ITS OPTION, TO TERMINATE THISLEASE. FAILURE TO EXERCISE SUCH OPTION AT ANY TIME SHALL NEVER BECONSTRUED AS A WAIVER OF ANY CONDITION OF THIS LEASE. TEXAS LAW TO APPLY14.7 The parties hereby agree that Texas law will control the interpretation orenforcement of this lease. This lease has been executed in Texas, and all obligationshereunder are performable in Tom Green County, Texas. INVALID OR ILLEGAL PROVISIONS14.8 If any provision of this lease is held invalid as to any person or set ofcircumstances, such holding shall not affect the validity of any remaining provision ofthis lease or any provision’s application to other persons not similarly situated or toother circumstances. REIMBURSEMENT OF LESSOR’S EXPENSES14.9 Lessee shall pay on demand all of Lessor’s expenses including, but not limitedto, attorney’s fees and court costs incurred in enforcing any of Lessee’s obligationsunder this lease, which include, but are not limited to, collection of rental fees andcollection of utility payments, taxes and other legitimate assessments. NOTICES14.9 All notices concerning this lease shall be in writing and delivered to the parties atthe 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
  • 40. EXECUTED in duplicate originals on the _____day of _____________________,2011 by: LESSEESTATE 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 DepartmentSTATE 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 SanAngelo, a Texas home rule municipal corporation, on behalf of said corporation. Notary Public, State of Texas
  • 41. City of San AngeloMemo Date: May 19, 2011 To: Mayor and Council Members From: Robert Schneeman, Development Coordinator Subject: Agenda Item for 06-07-2011 Meeting Contact: Robert Schneeman, Community & Economic Development, 657-4210 Caption: Consent Agenda Item 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
  • 42. 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.
  • 43. City of San AngeloMemo Date: May 19, 2011 To: Mayor and Council Members From: Shawn Lewis, Director of Community & Economic Development Bob Schneeman, Development Coordinator Subject: Agenda Item for 06-07-2011 Council Meeting Caption: Consent Agenda Item 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: 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. Background: 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:
  • 44. • 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:
  • 45. • 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 providedRelated Vision Item N/AFinancial Impact Dependent upon each individual applicationRecommendation Staff recommends approval of the revisions as presentedAttachments TIRZ Minute Record excerpt
  • 46. 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.
  • 47. The next item is a need recognized by staff that is a new incentive intended for sprinklerand smoke alarm systems. In 2010, there was a provision in the code that allows amodern smoke alarm system in lieu of sprinkler systems in some facilities in thedowntown area. Two facilities have both gone this route, but the owners noted thatthere were no incentives for this requirement. As such, staff is proposing an incentive of25% of the cost of installation, with the maximum incentive of $5,000. The incentivewould apply when this system is required by the International Fire Code.Craig Kinney noted his approval of the strategy. Both the Chairman and MikeCampbell suggested that the contribution be higher, due to the large expense of such aproject. The Chairman noted that it would take an incredibly large building to receivethe maximum amount, roughly 20,000 square foot or larger. The Chairman suggestedgoing to a maximum 50%, with Craig Kinney agreeing. William Dendle and RogelioVillegas agreed as well.Craig Kinney made the motion to accept, with the condition to change the maximumpercentage contribution to be 50%. William Dendle seconded this motion, whichpassed unanimously, 7-0.
  • 48. City of San AngeloMemoDate: May 4, 2011To: Mayor and CouncilmembersFrom: Carl White, Parks and Recreation DirectorSubject: Agenda Item for June 7, 2011 Council MeetingCaption: Consent Agenda ItemConsideration of approving variances to the City Code for the Drag Boat Races which will be heldon June 24 through June 26, 2010 at Lake Nasworthy______________________________________________________________________________Summary: The variances required are identical to those granted for the past four events andpertain to noise, ATVs, camping and parking, permits for street closures and tents, signs, andprovisions 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 isestimated at $2,500,000.Related Vision Item (if applicable): Parks and Open Space Vision • Increase recreation opportunitiesOther Information/Recommendation: Staff recommends approval.Attachments: Special Event Application with Supplement and List of Requested VariancesPresentation: NonePublication: N/AReviewed by Assistant City Manager: Rick Weise, City Manager’s Office, May 6, 2011
  • 49. City of San AngeloMemo Date: May 17, 2011 To: Mayor and Councilmembers From: Will Wilde, Water Utilities Director Subject: Agenda Item for June 7, 2011 Council Meeting 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.
  • 50. 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 of5.501 acres of real property located adjacent to the municipal water treatment plant, moreparticularly described in Exhibit “A”, attached to this Resolution and made a part hereoffor all purposes (hereinafter “Property”) ; and, WHEREAS AEP wishes to convey the Property by Special Warranty GiftDeed, “AS-IS, WHERE-IS AND WITH ALL FAULTS”; and, WHEREAS The City deems it advantageous to the operation of the municipalwater 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 THECITY OF SAN ANGELO, TEXAS THAT: The City Manager or his designee is hereby authorized to negotiate and executean agreement with AEP Texas North Company establishing the terms and conditions forthe City’s acceptance of the donation of 5.501 acres of real property located adjacent tothe municipal water treatment plant, City of San Angelo, Tom Green County, Texas,more particularly described in Exhibit “A”, attached to this Resolution, by SpecialWarranty Gift Deed, “AS-IS, WHERE-IS AND WITH ALL FAULTS”, and relateddocuments. PASSED and APPROVED THIS DAY OF , 2011. CITY OF SAN ANGELO, TEXASATTEST: Alvin New, MayorAlicia Ramirez, City ClerkAPPROVED AS TO CONTENT APPROVED AS TO FORMWill Wilde, Water Utility Director Lysia H. Bowling, City Attorney
  • 51. COPYRIGHT 2009 I I I I I -~ I h~ I THIS SURVEY IS PROTECTED BY ALL I 1 I 2 I 3 I 4 1~5 I 6 I V)~ I APPLICABLE STATE AND FEDERAL COPYRIGHT IF I I I T~ IlRIT I I I I I V)? LC _ N.-lC_-a_~L __ L_~ V)~ I .:. I LA WS. THIS SURVEY IS VOID WITHOUT AN ORIGINAL SIGNATURE AND SEAL. SURVEYORS NOTE : ADD N.d-- ::-<? k1.~ I The east property line along the South Concho River is a i-T-~r }1--1 FdCT~ :"j I, ~: j natural water boundary between public and private ownership; therefore, that boundary line is subject to change due to natural causes. The lines shown hereon along said natural I I II I I I . . . .n .. / boundary are reference lines and may not represent the actual location of the limit of ownership. It is the intent / I 12 1-(A11 I 10 I 9 I 8 I I ~ I of this survey that the boundary line is the natural boundary, / I IY I I I ~01 ~ j" I not the reference lines shown hereon. / I I I R.I//) I &~t..;:$~~~ Fd / " I REF.: Remainder oI / L _---l.I _ _ -L _ _ ..L._~ ~u u~. °o:.r_ v II~. I I I" CO/)c I 0."-" •• & 40 Ac.Tr. (Item 6) / Vol. 134, Pg. 189 DR / ~6" /. I~ I . / AVENUE H 77 Right-aI-Way l 46" .3 10.3 00 s;i/1/rl.4:;-r REF .: 1 Cer tal n. W op Ia Vol. 92 , P g Tract 5 172 DR / b""R",,1 BO 05 "E 0..30 pr4posed 2683 Sq.Ft. / ",,99· 14 07 S<,I Vt I I fty Easement /~-",;-~~~~~---ol-: .81 C~.~N.·9~7 --- ¢: / / @1 o ,!i . ( ~ ----------------------,- ~ FISHER & I LLER SURVEY 1 73 / ~ A bs t ralc t No. ~ C) 205 ) C) REF.: 2 Ac. Tr. (Item 7) ( Vol. 134, Pg. 189 DR ) ~ Cj r:S,~. Q I r:S~ ,,~. 2:: I ~ °(§ . r:S,~. ~ ~C?l~. XJ~~. , ()() :sO ~ I i":;Or ig.NE Cor. ~ s· 0 ~. ~ °()<-. 6- ......l...QoOu... ~~""""~..:;P;.:.t..:i. o::.:.n~B~on~k~ 2.5Ae.Tr. Vol. 134, P9 .. 189 DR ~ 1 1C?lW 1° ~~() Orig.NW Cor. < 5.03°32 01"W. ~ ~. s·~~),· ;s~ 19.09 ""; 2.5Ae.Tr. Vol. 134, 0 0. Pt. on Bonk Cone. Tonk Enerooetment Pg. 189 DR 5.00°40 37"W. Q C) ~~ 67.54 ~ "-, -~ ~ 5.501 Ac. Pt. on Bonk ""l r-l·~tOI U£~erooetment Building .... t.:lt:l ,;,.. .. <:J S. 13°45 12"W. ~ REF.: 40 A c. Tr. ( I t em 6) "i:J> 83.62 ~ ll:i{) C) Vol. 134, Pg. 189 DR ...., Pt. on Bonk t>") ~ ! .... "1 ~ CD . ;::s ° ~• ~ <:: <.> ~ - ........ 411 <.> 5,02°24 31"E. G ~ .z "" <::. :t; c5 - CD ~ <. o Inlet s. 8r57 00"w. 232.00 72.05 REF.: 22.5 Ac. (First T r a c t ) - ­ Vol. 295, Pg. 526 DR 36.12 43.71 N 170.30,00dW. Set 1/2"I.R.w/Cop Ion High Bonk . 2.3·.32 : SCALE :1 1"= 100 ~ >< a 25 50 100 200 300 :r. . . . . -. 6 <. ! • 0.0> -m 0 7;3", 0 - G RAP H i e seA l E FEE T (D. 0) ~ Q.. e:t:J "l> NOTE: Bearings shown hereon are ::>. ~. ~ ~ based on Fort Concho Addition as per plat of record. LEGEND : 0 - Found 1/2"1 ron Rod w/Cop 155.00 . 6---...r-----....----o (unless otherwise noted) Point for Point for Or ig. SW Cor. Or ig. SE Cor 2.5 Ae. Tr. 2.5 Ae. Tr. Vol. 134, Vol. 134, Pg. 189 DR Pg. 189 DR 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. REVISED Surveyed on the ground December, 2009, 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
  • 52. City of San AngeloMeeting Date: March 1, 2011To: Mayor and City Council membersFrom: AJ Fawver, Planning ManagerSubject: first public hearing of an amendment related to the allowed number of garage sales, as requested by CouncilContacts: AJ Fawver, Planning Manager 657-4210 James Flores, Code Manager 657-4409 Shawn Lewis, Director of Development Services 657-4210Captions:First public hearing and introduction of an Ordinance amending Article 5.902 of the City ofSan Angelo Code of Ordinances changing the maximum number of garage sales held byan owner of propertyAN ORDINANCE AMENDING CHAPTER 5 OF THE CODE OF ORDINANCES, CITY OFSAN ANGELO, TEXAS, OF WHICH ARTICLE 5.900 ADOPTS GARAGE SALEREGULATIONS, SPECIFICALLY BY AMENDING SUBSECTION 5.902(b) TOSTIPULATE THAT THE NUMBER OF GARAGE SALES ALLOWED ANNUALLY MAY BELIMITED TO A MAXIMUM NUMBER; PROVIDING FOR SEVERABILITY; ANDPROVIDING AN EFFECTIVE DATESummary: Based on discussions on September 21st, January 11th, and February 15th, staffis now bringing back a proposed amendment to the number of garage sales allowed at thedesire of the Council.History and Background:On April 19, 2011, Councilmember Morrison requested the reconsideration of saidordinance under Chapter 1, Section 1.1002. Reconsideration was approved 5-2.On March 22, 2011, Council approved the ordinance limiting the maximum number ofgarage sales to two per year.The following reflects a historical account prior to the adoption of said ordinance:
  • 53. Section 5.900 of the Code of Ordinance addresses the regulations for garage saleswithin San Angelo, and originates from 1959. After discussions on September 21st andJanuary 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 yearto 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, orthat it should even be increased if changed. The mayor was not in attendance at theJanuary 11th meeting.Since a majority of the group did not agree on a single number and the direction wasnot clear-cut, staff includes all these suggestions as options. The caption for this itemspecifically requires that the Council select a final, singular number in this first publichearing, and the draft ordinance will incorporate this number accordingly. The draftordinance 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 garagesale (three consecutive calendar days). Staff is not proposing a change to thisrequirement.Fiscal Impact: N/ARelated Vision Items: Establish appropriate regulations to protect neighborhoods.Attachments: draft ordinance amending text of Subsection 5.902.bPublication: N/APresentation: AJ Fawver, Planning Manager & James Flores, Code Manager Page 2 of 4
  • 54. 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 DATERE: 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 ameeting on February 15, 2011, has recommended the following amendment to the text ofChapter 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 WhichPermitted”; and WHEREAS, the governing body for the City of San Angelo, in compliance with thecharter and the state law with reference to ordinance amendments, have given requisitenotice by publication and otherwise, and after holding hearings and affording a full and fairhearing to all persons interested, generally, is of the opinion that amendment to the text ofthe 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. Page 3 of 4
  • 55. INTRODUCED on the 1st day of March, 2011, and finally PASSED, APPROVED andADOPTED on this the 22nd day of March, 2011. CITY OF SAN ANGELO by:_______________________________ Alvin New, MayorATTEST:by:_________________________________ Alicia Ramirez, City ClerkApproved As to Form: Approved As to Content:_________________________ ____________________________Lysia H. Bowling, City Attorney AJ Fawver, Planning Manager Page 4 of 4
  • 56. 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 DATERE: 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 ameeting on February 15, 2011, has recommended the following amendment to the text ofChapter 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 WhichPermitted”; and WHEREAS, the governing body for the City of San Angelo, in compliance with thecharter and the state law with reference to ordinance amendments, have given requisitenotice by publication and otherwise, and after holding hearings and affording a full and fairhearing to all persons interested, generally, is of the opinion that amendment to the text ofthe 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 andADOPTED on this the 22nd day of March, 2011.
  • 57. CITY OF SAN ANGELO by:_______________________________ Alvin New, MayorATTEST:by:_________________________________ Alicia Ramirez, City ClerkApproved As to Form: Approved As to Content:_________________________ ____________________________Lysia H. Bowling, City Attorney AJ Fawver, Planning Manager Page 2 of 2
  • 58. City of San Angelo Finance DepartmentMemo Date: May 18, 2011 To: Mayor and Councilmembers From: Morgan Trainer, Budget Analyst, Sr. Subject: Agenda Item for May 17, 2011 Council Meeting Contact: Morgan Trainer, Budget Analyst, Sr. 653-6291 Caption: st nd Regular (1 reading) Consent (2 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
  • 59. 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 thecurrent budget should begin, andWHEREAS the City of San Angelo has determined that certain budgeted amounts shouldbe amended due to project changes and unforeseen circumstances, andWHEREAS the resources necessary for these changes are available;NOW THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OFSAN ANGELO, TEXAS THAT:The City’s budget for fiscal year 2010-2011 be amended by the amounts contained inExhibit A.INTRODUCED on the 17th day of May, 2011, and APPROVED and ADOPTED on thisthe 7th day of June, 2011. CITY OF SAN ANGELO, TEXAS __________________________________ Alvin New, MayorATTEST:__________________________________Alicia Ramirez, City ClerkApproved as to Content and Form:__________________________________Michael Dane, Finance Director
  • 60. City of San AngeloProposed Budget AmendmentExhibit A Total Total Net Fund Revenue Expenditure Benefit/Number Fund Name Amendment Amendment (Cost) 103 Intergovernmental 29,533 29,533 0 601 Designated Revenue 222,000 222,000 0 Totals 251,533 251,533 0
  • 61. City of San AngeloProposed Budget AmendmentAdditional Information Net Benefit/Project/Need Source of Funding Revenue Expense (Cost)Congregate Meals Program Concho Valley Council of 29,533 29,533 0 Governments Area Agency on AgingProducers Park Improvements Private donation 222,000 222,000 0
  • 62. . City of San AngeloMemo Date: June 2, 2011 To: Mayor and Councilmembers From: Sandra J. Villarreal Subject: Agenda Item for May 17, 2011 Council Meeting 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.
  • 63. Financial Impact: NoneRelated Vision Item Neighborhood Vision(if applicable):Other Information/ Staff recommends . . .ApprovalRecommendation: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: PowerpointPublication:Reviewed by Rick WeiseDirector:Approved by Legal:
  • 64. 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 COMMITTEESec. 2.3801 AuthorityIn accordance with the authority granted under V.T.C.A., Health & Safety Code § 823, “AnimalShelter,” the governing body of a municipality in which an animal shelter is located shall appointan advisory committee to assist such shelter in complying with the requirements of this article.Sec. 2.3802 PurposeThe purpose of the Animal Shelter Advisory Committee shall be to assist the City of San AngeloAnimal Shelter in complying with the standards and requirements for the operation of animalshelters under state and local law, including standards and requirements for housing andsanitation, animal control officer training under Chapter 829, veterinarians, records andinspections, impoundment, rabies control, quarantine and adoption, and including providingrecommendations related to the authority of the committee hereunder to City Council.Sec. 2.3803 CompositionThe Animal Shelter Advisory Committee shall be appointed by City Council and shall becomposed of ten (10) members, seven (7) of whom shall be voting members and three (3) ofwhom shall be non-voting members, as follows. All voting members are required to be residentsof the city; however, licensed veterinarians who maintain a physical location for their practicewithin 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
  • 65. • 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 OfficialSec. 2.3804 TermThe term of office for the Health Services Manager of the City of San Angelo and the AnimalServices Manager of the City of San Angelo shall serve an indefinite term until their successor isduly 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 termsfor the committee members appointed, one member position serving as veterinarian and onemember position serving as a representative from an animal welfare organization, and onemember who is not affiliated with, a member of, or associated with an animal organization shallbe 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. Thecommittee member’s two (2) year term shall coincide with their city councilperson’s two (2)year term.Sec. 2.3805 Removal and VacancyMembers of the Animal Shelter Advisory Committee may be removed for good cause by citycouncil. City council shall appoint a suitable person to serve the remaining term of a committeemember whose place becomes vacant for any reason. Appointees shall serve until the citycouncil designates a replacement.Sec. 2.3806 Election of OfficersThe Animal Shelter Advisory Committee shall elect a chairperson and a vice-chairperson fromits membership for terms to be determined by the advisory committee. The chairperson shallappoint subcommittees to hear evidence or for any other purpose as deemed necessary by theAnimal Shelter Advisory Committee in order to execute more effectively its duties andresponsibilities.Sec. 2.3807 MeetingsThe Animal Shelter Advisory Committee shall meet a minimum of four (4) times a year at a timeand place to be determined by the chairperson of the committee, provided that if a quorum is notpresent at any regularly scheduled meeting, the chairperson shall call a special meeting withinseven (7) days of the regular meeting in order to transact said business with minimum delay, and
  • 66. said chairman shall continue to call special meetings until a quorum is present. Meetings of theAnimal Shelter Advisory Committee shall be conducted in compliance with the Texas OpenMeetings Act. The Chairperson may call a special meeting to conduct business outside of theregularly scheduled meeting as needed.Sec. 2.3808 QuorumA quorum shall consist of a simple majority of the members of the committee.Sec. 2.3809 Rules, Regulations and By-LawsThe 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 CompensationMembers 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 ANGELOATTEST:_______________________ BY:Alicia Ramirez, City Clerk Alvin New, MayorApproved as to content: Approved as to form:Sandra Villarreal Lysia H. BowlingHealth Services Manager City Attorney
  • 67. 6/1/2011 City Council June 7, 2011 Animal ServicesHISTORY:• May 17, 2011 – Council discussed Residency Requirements of ASAC as presented by staff, who staff 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 San Angelo Residency Clause for the members of ASAC. (only for two (2) of the seven (7) members) 1
  • 68. 6/1/2011 Animal ServicesPROPOSAL (presented on May 17, 2011)• ASAC members be residents of the City of San Angelo b b id t f th Cit f S A l (they recommend and make suggestions on Ordinances applicable to the City)• Professional Veterinarians serving on ASAC may be allowed t reside outside city li it only if th ll d to id t id it limits, l they operate a veterinary hospital or clinic inside the city limits Animal ServicesSection 2.3803 CompositionThe 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 p y practice within the corporate limits of the city are excepted from the aforesaid residency requirements. 2
  • 69. 6/1/2011 Animal Services(A) Voting Members• Two (2) licensed veterinarians preferred,• O (1) individuall who owns, operates, iis employed b One i di id h t l d 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) iindividuals who are not affiliated with, Two di id l h t ffili t d ith 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 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 3
  • 70. City of San AngeloMemo Date: 5/26/11 To: Mayor and Councilmembers From: Finance Department, Michael Dane Subject: Agenda Item for (6/07/11) Council Meeting Contact: Michael Dane, Finance Department, Phone# 657-4268 Caption: Regular Item 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.
  • 71. Publication: NoneReviewed by Service Area Director: Michael Dane, Finance, 5/26/11Approved by Legal:
  • 72. 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 VISITORSCENTER, 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. Govt Code Ann. ch. 551; Now, ThereforeBE 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
  • 73. and delivered in the aggregate principal amount of $13,760,000 for paying all or a portion of the Cityscontractual 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: Principal Interest Years Amount Rates 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 1,590,000The 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. 2
  • 74. 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/Registrars 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 3
  • 75. 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/REGISTRARS 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 Comptrollers 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. 4
  • 76. (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 Issuers 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 5
  • 77. 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/Registrars 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- PRINCIPAL UNITED STATES OF AMERICA AMOUNT STATE OF TEXAS $_________ 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 6
  • 78. 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. 7
  • 79. 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 Citys 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 8
  • 80. 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/Registrars 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 Issuers 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 Issuers 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, 9
  • 81. 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 Mayors 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/Registrars Authentication Certificate. PAYING AGENT/REGISTRARS 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, Texas Paying 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:Transferees Social Security or Taxpayer Identification Number:Transferees 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 10
  • 82. 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 an NOTICE: The signature above must correspond witheligible guarantor institution participating in a the name of the registered owner as it appears uponsecurities transfer association recognized signature the front of this Certificate in every particular,guarantee program. without alteration or enlargement or any change whatsoever. (d) Form of Registration Certificate of the Comptroller of Public Accounts. COMPTROLLERS 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(COMPTROLLERS SEAL) (e) Initial Certificate Insertions. (i) The initial Certificate shall be in the form set forth is paragraph (a) of this Section, except that: 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) 11
  • 83. 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 Issuers 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 Issuers revenue obligations (now or hereafter outstanding)that are secured by a lien on all or any part of the net revenues of the Issuers 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. 12
  • 84. (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. 13
  • 85. (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 14
  • 86. 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; BONDCOUNSELS 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 Comptrollers 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 theIssuers 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 the Certificates (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 projects financed therewith are so used, such amounts, whether or not received by the Issuer, with respect to 15
  • 87. 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 years or less or, in the case of a refunding bond, for a period of 30 days or less until such proceeds are needed for the purpose for which the bonds are issued, (B) amounts invested in a bona fide debt service fund, within the meaning of section 1.148-1(b) of the Treasury Regulations, and (C) amounts deposited in any reasonably required reserve or replacement fund to the extent 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 16
  • 88. (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. 17
  • 89. 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. 18
  • 90. (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 by the MSRB, within six months after the end of each fiscal year ending in or after 2011, financial information and operating data with respect to the Issuer of the general type included in the final Official Statement authorized by Section 10 of this Ordinance, being the information described in Exhibit A hereto. Any financial statements so to be provided shall be (1) prepared in accordance with the accounting principles described in Exhibit A hereto, or such other accounting principles as the Issuer 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 the period during which they must be provided. If the audit of such financial statements is not complete within 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 and if 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 date of the new fiscal year end) prior to the next date by which the Issuer otherwise would be required to provide financial information and operating data pursuant to this Section. The financial information and operating data to be provided pursuant to this Section may be set forth in full in one or more documents or may be included by specific reference to any document that is available to the public on the MSRBs internet website or filed with the SEC. All documents provided to the MSRB pursuant to 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, in a timely manner (but not in excess of ten business days after the occurrence of the event) of any of the 19
  • 91. 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 an obligated 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 undertake such an action or the termination of a definitive agreement relating to any such actions, other than 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 proposed or final determinations of taxability, Notices of Proposed Issue (IRS Form 5701–TEB) or other material notices or determinations with respect to the tax-exempt status of the Certificates, 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. 20
  • 92. (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 theIssuers 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 21
  • 93. Certificates. If the Issuer so amends the provisions of this Section, it shall include with any amended financial information or operating data next provided in accordance with subsection (b) of this Section an explanation, in narrative form, of the reason for the amendment and of the impact of any change in 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 Issuers 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 any outstanding Certificates; (4) Modify the terms of payment of principal or of interest or redemption premium on outstanding 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 Certificates necessary 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 22
  • 94. 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 when the same becomes due and payable; or (ii) default in the performance or observance of any other covenant, agreement or obligation of the City, the failure to perform which materially, adversely affects the rights of the registered owners of the Certificates, including, but not limited to, their prospect or ability to be repaid in accordance with this Ordinance, and the continuation thereof for a period of 60 days after notice of such 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 Owner or an authorized representative thereof, including, but not limited to, a trustee or trustees therefor, may proceed against the City for the purpose of protecting and enforcing the rights of the Registered Owners under this Ordinance, by mandamus or other suit, action or special proceeding in equity or at law, in any court of competent jurisdiction, for any relief permitted by law, including the specific performance of any covenant or agreement contained herein, or thereby to enjoin any act or thing that may be unlawful or in violation of any right of the Registered Owners hereunder or any combination of such remedies. (ii) It is provided that all such proceedings shall be instituted and maintained for the equal benefit of all Registered Owners of Certificates then outstanding. 23
  • 95. (c) Remedies Not Exclusive. (i) No remedy herein conferred or reserved is intended to be exclusive of any other available remedy or remedies, but each and every such remedy shall be cumulative and shall be in addition to every other remedy given hereunder or under the Certificates or now or hereafter existing at law or in equity; provided, however, that notwithstanding any other provision of this Ordinance, the right to accelerate the debt evidenced by the Certificates shall not be available as a remedy under this Ordinance. (ii) The exercise of any remedy herein conferred or reserved shall not be deemed a waiver of any 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) 24
  • 96. APPROVED AND ADOPTED ON THE 7TH DAY OF JUNE, 2011. THE CITY OF SAN ANGELO, TEXAS Alvin New, MayorAttest: [CITY SEAL]Alicia Ramirez, City ClerkApproved As to Form: Approved As to Content:Leroy Grawunder, Jr. Michael Dane, Finance DirectorMcCall, Parkhurst & Horton L.L.P.
  • 97. EXHIBIT A Annual Financial Statements and Operating DataThe 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 PrinciplesThe accounting principles referred to in such Section are the accounting principles described in the notes to thefinancial statements referred to in paragraph above. -------------------- A-1
  • 98. City of San AngeloMemo Date: 5/26/11 To: Mayor and Councilmembers From: Finance Department, Michael Dane Subject: Agenda Item for (6/07/11) Council Meeting Contact: Michael Dane, Finance Department, Phone# 657-4268 Caption: Regular Item 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:
  • 99. RESOLUTION NO. ______RESOLUTION DIRECTING PUBLICATION OF NOTICE OF INTENTION TO ISSUE COMBINATIONTAX AND REVENUE CERTIFICATES OF OBLIGATION FOR WATER SYSTEM PROJECTSINCLUDING GROUNDWATER PRODUCTION FACILITIES AND COLLECTION, TREATMENT,STORAGE AND TRANSMISSION FACILITIESTHE 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 ofobligation 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 Resolutionwas passed, was open to the public and public notice of the time, place, and purpose of said meeting wasgiven, 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 RevenueCertificates 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 attachedhereto, in a newspaper, as defined by Subchapter C, Chapter 2051, Texas Government Code, of generalcirculation in the area of said City, once a week for two consecutive weeks, the date of the first publicationthereof to be at least 30 days prior to the date tentatively set for the adoption of the ordinance authorizing theissuance 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. THE CITY OF SAN ANGELO, TEXASAttest: Alvin New, Mayor [CITY SEAL]Alicia Ramirez, City ClerkApproved As to Form: Approved As to Content:Leroy Grawunder, Jr. Michael Dane, Finance DirectorMcCall, Parkhurst & Horton L.L.P.
  • 100. CITY OF SAN ANGELO NOTICE OF INTENTION TO ISSUE COMBINATION TAX AND REVENUE CERTIFICATES OF OBLIGATION FOR WATER SYSTEM PROJECTSThe City of San Angelo, Texas, does hereby give notice of intention to issue interest bearing combination taxand 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 Citys contractual obligations incurred in connection with (i) acquiring, constructing, installing and equipping additions, improvements and extensions to the Cityswater system, including groundwater production facilities and collection, treatment, storage and transmissionfacilities; and (ii) legal, fiscal, design and other professional fees in connection with such projects. The Cityproposes to provide for the payment of such combination tax and revenue certificates of obligation from thelevy and collection of ad valorem taxes in the City as provided by law, and from surplus revenues of theCitys waterworks and sewer system remaining after payment of all operation and maintenance expensesthereof, and all debt service, reserve, and other requirements in connection with all of the Citys revenuebonds or other obligations (now or hereafter outstanding), which are payable from all or any part of the netrevenues of the Citys waterworks and sewer system. The City Council tentatively proposes to consider andadopt, at a regular meeting to be held at 9:00 A.M. on __________________, 2011, an ordinance authorizingthe issuance and sale of the combination tax and revenue certificates of obligation at the McNease ConventionCenter, 500 Rio Concho Drive, City Council Chambers, San Angelo, Texas.City of San Angelo, Texas
  • 101. City of San AngeloMemo Date: 5/26/11 To: Mayor and Councilmembers From: Finance Department, Michael Dane Subject: Agenda Item for (6/07/11) Council Meeting Contact: Michael Dane, Finance Department, Phone# 657-4268 Caption: Regular Item 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:
  • 102. RESOLUTION NO. _______RESOLUTION EXPRESSING OFFICIAL INTENT TO REIMBURSE COSTS OF WATER SYSTEMIMPROVEMENT PROJECTS INCLUDING GROUNDWATER PRODUCTION FACILITIES ANDCOLLECTION, TREATMENT, STORAGE AND TRANSMISSION FACILITIESTHE STATE OF TEXAS §COUNTY OF TOM GREEN §CITY OF SAN ANGELO § WHEREAS, the City of San Angelo, Texas (the "Issuer") is a duly created governmental body of theState of Texas; WHEREAS, the Issuer expects to pay, or have paid on its behalf, expenditures in connection withthe 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 whicha prior expression of intent to finance or refinance is required by Federal or state law (collectively andindividually, the "Obligations") to finance the Projects; WHEREAS, the Issuer finds, considers, and declares that the reimbursement for the payment of suchexpenditures will be appropriate and consistent with the lawful objectives of the Issuer and, as such, choosesto declare its intention to reimburse itself for such payments at such time as it issues Obligations to financethe 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 ofthe Projects. Section 2. All costs to be reimbursed pursuant hereto will be capital expenditures. NoObligations will be issued by the Issuer in furtherance of this Statement after a date which is later than 18months after the later of (1) the date the expenditures are paid or (2) the date on which the property, withrespect to which such expenditures were made, is placed in service. Section 3. The foregoing notwithstanding, no Obligation will be issued pursuant to thisStatement 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 withqualified tax credit obligations shall not be paid prior to the date hereof and no tax credit obligations shallbe issued after 18 months of the date the original expenditure is made. Section 5. This Resolution shall become effective immediately upon adoption.
  • 103. APPROVED AND ADOPTED ON THE 7 th DAY OF JUNE, 2011. THE CITY OF SAN ANGELO, TEXAS Alvin New, MayorAttest: [CITY SEAL]Alicia Ramirez, City ClerkApproved As to Form: Approved As to Content:Leroy Grawunder, Jr. Michael Dane, Finance DirectorMcCall, Parkhurst & Horton L.L.P.
  • 104. Exhibit AAcquiring, constructing, installing and equipping additions, improvements and extensions to the Citys watersystem, including groundwater production facilities and collection, treatment, storage and transmissionfacilities.
  • 105. City of San AngeloMemo Date: 5/26/11 To: Mayor and Councilmembers From: Finance Department, Michael Dane Subject: Agenda Item for (6/07/11) Council Meeting Contact: Michael Dane, Finance Department, Phone# 657-4268 Caption: Regular Item 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 this resolution if required. Publication: None Reviewed by Service Area Director: Michael Dane, Finance, 5/26/11 Approved by Legal:
  • 106. RESOLUTION NO. _______RESOLUTION EXPRESSING OFFICIAL INTENT TO REIMBURSE COSTS OF MUNICIPAL CAPITALIMPROVEMENT PROJECTS CONSISTING OF PUBLIC PARK IMPROVEMENTS, INCLUDING TRAILIMPROVEMENTS AND CONCHO RIVER BANK STABILIZATION AND DREDGING, RENOVATINGAND IMPROVING THE MUNICIPAL AUDITORIUM, CONSTRUCTING, IMPROVING ANDEQUIPPING SPORTS AND ATHLETIC FACILITIES, ADDITIONS AND IMPROVEMENTS TO THEFORT CONCHO NATIONAL HISTORICAL LANDMARK, INCLUDING FEES FOR STUDY ANDDESIGN OF THE VISITORS CENTER, IMPROVEMENTS AND RENOVATIONS AT THE SANANGELO FAIRGROUNDS, INCLUDING LIVESTOCK BARNS AND RELATED INFRASTRUCTUREAND RENOVATING CITY ADMINISTRATIVE OFFICES AT THE MUNICIPAL AIRPORTTHE STATE OF TEXAS §COUNTY OF TOM GREEN §CITY OF SAN ANGELO § WHEREAS, the City of San Angelo, Texas (the "Issuer") is a duly created governmental body of theState of Texas; WHEREAS, the Issuer expects to pay, or have paid on its behalf, expenditures in connection withthe 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 whicha prior expression of intent to finance or refinance is required by Federal or state law (collectively andindividually, the "Obligations") to finance the Projects; WHEREAS, the Issuer finds, considers, and declares that the reimbursement for the payment of suchexpenditures will be appropriate and consistent with the lawful objectives of the Issuer and, as such, choosesto declare its intention to reimburse itself for such payments at such time as it issues Obligations to financethe 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 ofthe Projects. Section 2. All costs to be reimbursed pursuant hereto will be capital expenditures. NoObligations will be issued by the Issuer in furtherance of this Statement after a date which is later than 18months after the later of (1) the date the expenditures are paid or (2) the date on which the property, withrespect to which such expenditures were made, is placed in service. Section 3. The foregoing notwithstanding, no Obligation will be issued pursuant to thisStatement 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 withqualified tax credit obligations shall not be paid prior to the date hereof and no tax credit obligations shallbe issued after 18 months of the date the original expenditure is made. Section 5. This Resolution shall become effective immediately upon adoption.
  • 107. APPROVED AND ADOPTED ON THE 7 TH DAY OF JUNE, 2011. THE CITY OF SAN ANGELO, TEXAS Alvin New, MayorAttest: [CITY SEAL]Alicia Ramirez, City ClerkApproved As to Form: Approved As to Content:Leroy Grawunder, Jr. Michael Dane, Finance DirectorMcCall, Parkhurst & Horton L.L.P.
  • 108. Exhibit AConstructing, installing and equipping public park improvements, including trail improvements and ConchoRiver bank stabilization and dredging; renovating, improving, expanding, equipping and furnishing themunicipal auditorium; constructing, improving and equipping sports and athletic facilities, including ballfields 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 equippingimprovements and renovations at the San Angelo Fairgrounds, including livestock barns and relatedinfrastructure; and renovating, improving and equipping City administrative offices at the municipal airport.
  • 109. City of San AngeloMemo Date: 5/26/11 To: Mayor and Councilmembers From: Finance Department, Michael Dane Subject: Agenda Item for (6/07/11) Council Meeting Contact: Michael Dane, Finance Department, Phone# 657-4268 Caption: Regular Item 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
  • 110. Presentation: No special equipment is required. Michael Dane will present additional information on this resolution if required.Publication: NoneReviewed by Service Area Director: Michael Dane, Finance, 5/26/11Approved by Legal:
  • 111. 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__________________. WITNESSETH 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 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; renovating, improving and equipping City administrative offices at the municipal 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 Citys 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:
  • 112. 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 Corporations 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
  • 113. 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 DirectorsATTEST:_____________________________Secretary, Board of Directors(CORPORATION SEAL) CITY OF SAN ANGELO, TEXAS By_____________________________ MayorATTEST:____________________________ City Clerk(CITY SEAL)
  • 114. EXHIBIT A
  • 115. City of San Angelo Finance DepartmentMemo Date: March 28, 2011 To: Mayor and Councilmembers From: Morgan Trainer, Budget Analyst, Sr. Subject: Agenda Item for May 17, 2011 Council Meeting Contact: Morgan Trainer, Budget Analyst, Sr. 653-6291 Caption: st nd Regular (1 reading) Consent (2 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
  • 116. 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 thecurrent budget should begin, andWHEREAS the City of San Angelo has determined that certain budgeted amounts shouldbe amended due to project changes and unforeseen circumstances, andWHEREAS the resources necessary for these changes are available;NOW THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OFSAN ANGELO, TEXAS THAT:The City’s budget for fiscal year 2010-2011 be amended by the amounts contained inExhibit A.INTRODUCED on the 7th day of June, 2011, and APPROVED and ADOPTED on thisthe 28th day of June, 2011. CITY OF SAN ANGELO, TEXAS __________________________________ Alvin New, MayorATTEST:__________________________________Alicia Ramirez, City ClerkApproved as to Content and Form:__________________________________Michael Dane, Finance Director
  • 117. City of San AngeloProposed Budget AmendmentExhibit A Total Total Net Fund Revenue Expenditure Benefit/Number Fund Name Amendment Amendment (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)
  • 118. City of San AngeloProposed Budget AmendmentAdditional Information 75 Day Net Fund Benefit/ Fund BalanceProject/Need Source of Funding Revenue Expense (Cost) Balance GoalNature Center Summer Camp Fees, Sales, Sponsorships 4,000 4,000 0Police Services at Lake Nasworthy and Twin Water Fund – Lake Patrol 336,823 336,823 0Buttes BudgetEmergency Management Maintenance of Intergovernmental Fund – Fund 0 13,207 (13,207) 338,946 0Facility BalanceLake Entrance Supplies/Policing Services Lake Entrance Fees and 35,000 14,019 20,981 Camping FeesVehicle Maintenance Fuel Island Update Vehicle Maintenance Fund – 0 50,000 (50,000) 167,042 969,212 Fund BalanceHickory Water Supply Development Texas Water Development 120,000,000 120,000,000 0 Board Water Infrastructure Fund
  • 119. City of San Angelo Finance DepartmentMemo Date: May 23, 2011 To: Mayor and Councilmembers From: Bryan Kendrick, Budget Analyst, Sr. Subject: Agenda Item for June 7, 2011 Council Meeting 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 th th held on May 16 and 17 . 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. th The calendar for the CIP process is attached. Approval of the CIP is scheduled for June 28 . History: th The 2011-2016 CIP began February 18 with the submission of proposed projects. The nd th CIP was introduced to City Council on March 22 . Staff reviewed projects on April 20 . Public th th meetings were held on May 16 and 17 . 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 th project); Ranking criteria; Minutes from CIP Public Meetings held on May 16 and th May 17 . Presentation: Powerpoint Publication: N/A Reviewed by Service Area Director: Michael Dane, Finance
  • 120. CIP Calendar City of San Angelo CIP Schedule Planning Period 2011-20162/4/2011 Budget Division sends out CIP forms and instructions2/18/2011 CIP projects due from departments3/22/2011 Introduce CIP to City Council4/20/2011 Review proposed capital projects with committee5/16-17/11 CIP Public Meetings6/7/2011 CIP discussion with City Council6/28/2011 CIP resolution approval by City Council
  • 121. City of San Angelo 2011-2016 Capital Improvement Plan Project Ranking Criteria Ranking Criteria Description Dedicated / Committed Funding Is there a dedicated AND committed funding source for the project? As an (Yes/No) 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 Is this projected submitted because the City is in non-compliance or will be in non- (No/Yes) compliance with federal and state regulations? If the project is NOT required to [0 or 5] 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 Does this project address life safety services and needs? If the project does NOT (Range) address life safety, it receives a score of zero (0). If the project addresses public [0 - 10] safety, it can receives a score of up to 10. Funding Leverage If the project does not indicate commitment of additional funding from outside [1:0 - 0 organizations (leverage) up to 50%, the project receives a score of zero (0). If City 1:1 - 1 funds are leveraged 1 for 1, score of one (1). If City funds are leverages 1 for 2, 1:2 - 3 score of three (3). If City funds are leveraged 1 for 3 or more, score of five (5). 1:3/+ - 5] Infrastructure Project Does this project address infrastructure? (streets, water, wastewater, traffic, (No/Yes) pedestrian, airport). If the project is NOT an infrastructure project, it receives a [0 or 10] score of zero (0). If the project is an infrastructure project, it receives a score of 10. Impact to Operating Budget What impact does the project have on the operating budget? If the project [< $10K - 10 generates a net revenue or increases operating cost less than $10,000, the project $10K-50K - 5 receives a score of 10. If operating costs increase $10,000-$50,000, score of 5. $50K-$100K - 2 Operating costs increase $50,000-$100,000, score of 2. Operating costs increase >$100K - 0] more than $100,000, score of zero (0). Project Execution Time Period When does the project manager plan on beginning the project? If beginning the [FY 10/11 - 5 project in FY 10/11, the project receives a score of 5. If beginning the project in FY FY 11/12 - 4 11/12, score of 4. If beginning the project in FY 12/13, score of 3. If beginning the FY 12/13 - 3 project in FY 13/14, score of 2. If beginning the project in FY 14/15, score of 1. If FY 13/14 - 2 the project is not planned to begin until after FY 14/15, score of zero (0). FY 14/15 - 1 After FY14/15 - 0] Addresses Public Health/ Environmental Issues Does the project address a public health or environmental issue? If the project (Range) does NOT address a public health or environmental issue, it receives a score of [0 - 10] 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 What impact does the completion of the project have on providing priority services (Range) to citizens? If the project is not completed and the does NOT affect priority [0 - 10] 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 Does the project provides new or improved community outreach? As an example, (Range) digital signage provides a new avenue to provide information regarding City [0 - 5] 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.
  • 122. City of San Angelo Capital Improvement Plan Submitted Projects 2011-2016 Project Completion Time [FY 10/11 - 5 FY 11/12 - 4 Addresses Operational Provides New/ Operating Budget FY 12/13 - 3 Public Health/ Impact on improved [< $10K - 10 FY 13/14 - 2 Environmental Priority community Dedicated Regulation Fund Leverage Infrastructure $10K-50K - 5 FY 14/15 - 1 Issues Services outreach Proposed Primary Total Project /Comitted Compliance Life Safety (1:0 =0, 1:1 = 1, Project $50K-$100K - 2 After FY14/15 - (Range) (Range) (Range) Total Project Type Funding Source Division Project Title 2011/2012 2012/2013 2013/2014 2014/2015 2015/2016 Future Yrs Costs Funding (Y=5/N=0) Project (0-10) 1:2 =2, 1:3+ =3) (Y=10/N=0) >$100K - 0] 0] [0 - 10] [0 - 10] [0 - 5] ScoreAirport 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 FundedAirport 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 FundedEquipment 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 FundedFacility - 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 FundedFacility - 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
  • 123. City of San Angelo Capital Improvement Plan Submitted Projects 2011-2016 Project Completion Time [FY 10/11 - 5 FY 11/12 - 4 Addresses Operational Provides New/ Operating Budget FY 12/13 - 3 Public Health/ Impact on improved [< $10K - 10 FY 13/14 - 2 Environmental Priority community Dedicated Regulation Fund Leverage Infrastructure $10K-50K - 5 FY 14/15 - 1 Issues Services outreach Proposed Primary Total Project /Comitted Compliance Life Safety (1:0 =0, 1:1 = 1, Project $50K-$100K - 2 After FY14/15 - (Range) (Range) (Range) Total Project Type Funding Source Division Project Title 2011/2012 2012/2013 2013/2014 2014/2015 2015/2016 Future Yrs Costs Funding (Y=5/N=0) Project (0-10) 1:2 =2, 1:3+ =3) (Y=10/N=0) >$100K - 0] 0] [0 - 10] [0 - 10] [0 - 5] ScoreFacility - 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 Producers Park Construction 0 0 0 0 0 0 1,445,000 Y 0 0 0 0 0 0 0 0 0 FundedFacility - 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 FundedStormwater 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
  • 124. City of San Angelo Capital Improvement Plan Submitted Projects 2011-2016 Project Completion Time [FY 10/11 - 5 FY 11/12 - 4 Addresses Operational Provides New/ Operating Budget FY 12/13 - 3 Public Health/ Impact on improved [< $10K - 10 FY 13/14 - 2 Environmental Priority community Dedicated Regulation Fund Leverage Infrastructure $10K-50K - 5 FY 14/15 - 1 Issues Services outreach Proposed Primary Total Project /Comitted Compliance Life Safety (1:0 =0, 1:1 = 1, Project $50K-$100K - 2 After FY14/15 - (Range) (Range) (Range) Total Project Type Funding Source Division Project Title 2011/2012 2012/2013 2013/2014 2014/2015 2015/2016 Future Yrs Costs Funding (Y=5/N=0) Project (0-10) 1:2 =2, 1:3+ =3) (Y=10/N=0) >$100K - 0] 0] [0 - 10] [0 - 10] [0 - 5] ScoreStormwater 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 10Stormwater 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 10Stormwater 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 10Stormwater 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 10Streets/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
  • 125. City of San Angelo Capital Improvement Plan Submitted Projects 2011-2016 Project Completion Time [FY 10/11 - 5 FY 11/12 - 4 Addresses Operational Provides New/ Operating Budget FY 12/13 - 3 Public Health/ Impact on improved [< $10K - 10 FY 13/14 - 2 Environmental Priority community Dedicated Regulation Fund Leverage Infrastructure $10K-50K - 5 FY 14/15 - 1 Issues Services outreach Proposed Primary Total Project /Comitted Compliance Life Safety (1:0 =0, 1:1 = 1, Project $50K-$100K - 2 After FY14/15 - (Range) (Range) (Range) Total Project Type Funding Source Division Project Title 2011/2012 2012/2013 2013/2014 2014/2015 2015/2016 Future Yrs Costs Funding (Y=5/N=0) Project (0-10) 1:2 =2, 1:3+ =3) (Y=10/N=0) >$100K - 0] 0] [0 - 10] [0 - 10] [0 - 5] ScoreStreets/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 10Streets/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 10Streets/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 10Streets/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 FundedStreets/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 FundedWater/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
  • 126. 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 EstimateBell Street at Koberlin Street 1 1 $2,818,530.00 $2,087,800.00West Avenue P at Bryant Boulevard 2 2 $2,153,925.00 $1,595,500.00Pecan Street at 3rd Street 3 3 $970,785.00 $719,100.00Taylor Street at Conchita Street 4 4 $3,356,370.00 $2,486,200.00Preusser Street (Lowrie to Schroeder) 5 5 $785,700.00 $582,000.00Sul Ross Street at Sunset Drive 6 6 $1,662,390.00 $1,231,400.00Southwest Blvd. At S. Fork Red Arroyo 7 7 $4,790,880.00 $3,548,800.00Beauregard Ave (Campus to N. Concho) 8 8 $2,986,335.00 $2,212,100.00Howard Street (North to Webster) 9 9 $397,305.00 $294,300.00Glenwood Drive at Howard Street 10 10 $1,055,295.00 $781,700.00Regent Blvd. at Gordon Blvd. 11 11 $2,879,145.00 $2,132,700.00College Hills Blvd. at N. Fork Red Arroyo 12 12 $4,782,105.00 $3,542,300.0030th Street at Day Elementary 13 13 $345,600.00 $256,000.00Lindenwood Drive at Vista Del Arroyo 14 6 $746,955.00 $553,300.00College Hills Blvd. at S. Fork Red Arroyo 15 12 $4,706,910.00 $3,486,600.00Monroe Street at Sulphur Draw Park 16 14 $615,870.00 $456,200.00Coke Street at East Angelo Draw 17 5 $2,039,310.00 $1,510,600.00Loop 306 Access Road at Eckerds 18 15 $2,279,340.00 $1,688,400.00Lester Lane at Tres Rios Drive 19 16 $140,535.00 $104,100.00Goodfellow Draw at Evelyn Avenue 20 17 $1,317,600.00 $976,000.0024th Street at Blum Street 21 18 $3,749,220.00 $2,777,200.00Bradford Sreet at 24th Street 22 19 $688,095.00 $509,700.00Glenwood Drive (Harrison to Greenwood) 23 10 $1,009,530.00 $747,800.00Howard Street at Brentwood Park 24 9 $59,130.00 $43,800.00Madison Street (Avenue J to Algerita) 25 8 $232,065.00 $171,900.00 Total $46,568,925.00 $34,495,500.00
  • 127. City of San Angelo Engineering Services Capitol Improvements Projects Priority List for Street Reconstruction Projects April 28, 2011Rank 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 Total Reconstruction Costs $ 154,119,908.33
  • 128. City of San Angelo Capital Improvement Plan Public Meeting May 16, 2011 – 6:00PM Informal MinutesLocation: City Representatives:Public Housing Authority Finance Director, Michael Dane420 East 28th Street Public Information Officer, Ty MeighanSan Angelo, TX 76903 Budget Analyst, Sr., Morgan Trainer Budget Analyst, Sr., Bryan KendrickAttendees:Mr. Russell Jacoby Ms. Lydia HortonMr. Jason Chegwidden Ms. Faye MaurerMr. Chris Cornell Anonymous MaleMs. Alberta SpencePresentation 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.
  • 129. City of San Angelo Capital Improvement Plan Public Meeting May 17, 2011 – 6:00PM Informal MinutesLocation: City Representatives:Officer’s Quarters #8 Mayor, Alvin NewFort Concho Finance Director, Michael Dane630 S. Oakes St. Public Information Officer, Ty MeighanSan Angelo, Texas 76903 Fort Concho Director, Bob Bluthardt Budget Analyst, Sr., Morgan Trainer Budget Analyst, Sr., Bryan KendrickAttendees:Dr. Rex Bushong Mr. Terry GirouxMr. Jim Turner Mr. Jim RyanPresentation 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
  • 130. 6/1/2011 2011-2016 Capital Improvement Plan CIP Overview• City Charter requirement• Definition 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 1
  • 131. 6/1/2011 CIP Calendar2/4/2011 CIP forms & instructions sent out2/18/2011 CIP projects due from departments3/22/2011 Introduce CIP to City Council4/20/2011 CIP Committee review of projects5/16-17/11 CIP Public Meetings6/7/2011 CIP discussion with City Council6/28/2011 CIP resolution approval by City Council Project Identity Stormwater Quantity Projects Street Construction Projects 2
  • 132. 6/1/2011 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. 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 MeetingCity’s websiteChannel 17Social networking ( acebook & witter)Local diL l media outlets tl t Television Radio Newspaper 3
  • 133. 6/1/2011 Public Meeting # 1Location: Public Housing AuthorityTime: Monday, May 16th at 6 p.m.Number of Attendees: 7 Summary of Public Comments:Lone Wolf Dog ParkMeadowcreek ParkFiscal ResponsibilityStreet Projects30-60 Day Public Comment Period Public Meeting # 2Location: Fort Concho Officer’s Quarters #8Time: Tuesday, May 17th at 6 p.m.Number of Attendees: 4 Summary of Public Comments:Hotel TaxStreet ReconstructionPublic SafetyFiscal Responsibility 4
  • 134. 6/1/2011 Planning vs. FundingCIP = Planning Document Pl i D tIdentification of Project NeedsFunding discussed during the Budget Process Removed ProjectsFire Truck Shop AdditionSignal Re-lamping 5
  • 135. 6/1/2011 Summary of Proposed ProjectsProject Type Number of Project Cost ProjectsAirport 21 23,858,644Environmental 3 18,394,264 18 394 264Equipment 10 6,611,952Facility – Buildings,etc. 43 64,305,954Facility – Parks & Recreation 30 20,262,850Pedestrian 3 3,030,000Stormwater 26 76,568,925 76 568 925Streets/Traffic 68 163,007,235Technology 7 3,295,696Water/Wastewater 10 367,151,509 221 $ 746,437,029 Proposed Projects for FY 2011-2012Proposed/Committed Number of Project CostFunding Source ProjectsAirport 3 1,643,000Environmental 1 100,000Equipment 2 268,000Facility – Buildings, etc. 13 4,999,500Facility – Parks & Recreations 7 5,038,000Stormwater 1 1,000,000Streets/Traffic 4 1,931,000Technology 7 906,387Water/Wastewater 7 62,050,000 45 $ 77,935,887 6
  • 136. 6/1/2011 CIP Calendar2/4/2011 CIP forms & instructions sent out2/18/2011 CIP projects due from departments3/22/2011 Introduce CIP to City Council4/20/2011 CIP Committee review of projects5/16-17/11 CIP Public Meetings6/7/2011 CIP discussion with City Council6/28/2011 CIP resolution approval by City Council 7
  • 137. Memo City of San Angelo 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 fundsSummary:The Texas Department of Transportation solicited projects for funding under the 2009Texas Transportation Enhancement Program. In December 2009, the City of San Angelonominated the Red Arroyo Shared-Use Pathway – a multi-use pathway that extends fromKnickerbocker 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 expandtransportation choices and enhance the transportation experience through 12 categories ofnon-traditional activities related to the surface transportation system.Activities include pedestrian and bicycle infrastructure and safety programs, scenic andhistoric highway programs, landscaping and scenic beautification, historic preservation, andenvironmental mitigation. Transportation Enhancement projects are intended to go beyondstandard transportation activities. Projects are integrated into the surrounding environmentin 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.
  • 138. Projects also must establish a relationship to the surface transportation system by eitherfunction or impact. They can be developed as parts of larger transportation projects, asparts of larger joint development projects, or as stand-alone projects.In most recent years, Transportation Enhancement funds have been used to facilitate theHistoric Santa Fe Depot, the Pedestrian Mallway, the San Angelo Concho River VisitorsCenter Trail, and Lone Wolf Bridge. Lone Wolf Bridge was approved under the last TEprogram call; however, funding was not available to complete the project. Instead, theAmerican 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 willextend from Knickerbocker Road to Sherwood Way with an offshoot down to Unidad Parkand, with various internal offshoots along the system. The trail encompasses a fourteen-footoverall 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 includedwith 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 andTom Green County but visitors to San Angelo, running groups, cyclist, schools, and natureobservers. This pathway will develop a currently underutilized area that has great potentialinto a natural environment for users to be able to get to other areas in San Angelo withoutusing a vehicle. Because this segment of the trail is almost centrally located, it will beaccessible and available to citizens from different neighborhoods within the city, which canbe viewed as providing a meeting place for social interaction.The Red Arroyo Shared-Use Pathway will provide several uses for the public mainlybecause it is a largely uninterrupted trail with a low impact on the surroundingneighborhoods. The pathway will serve as a buffer for the environment by preserving thenative 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 willbe maintained for the enjoyment and education of San Angelo’s citizens and visitors and willserve five main purposes, which include Transportation, Recreation, Education, HealthSustainability, and Economic Development.TransportationThe R-SUP is a supplement to existing transportation in San Angelo because it connectstwo major traffic generators – Sherwood Way and Knickerbocker Road and links variousother 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 activitycenter, 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, italso connects adjacent neighborhoods.Page 2 of 35
  • 139. This pathway will encourage non-motorized transportation thus providing an alternativemeans of transportation. Although it will not eliminate vehicular traffic, it will help to reduce itbecause the pathway intersects two of the five transit routes. Ultimately, as sections arecompleted, a reduction in vehicular traffic is expected because more places of interest willbe accessible via the R-SUP.RecreationAs mentioned above, this pathway will provide facilities for cyclists and runners. Being 3.7miles in length, this multi-use trail will encourage physical activity for those seeking a saferrecreational atmosphere. This pathway will allow citizens more accessibility to places ofinterest 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 evergetting into a vehicle. It will give those seeking more challenges an athletic place to exercisewithout having to worry about vehicular traffic or running/jogging along a busy street.EducationThe Red Arroyo Shared-Use Pathway is located in the vicinity of several mixed uses whichinclude schools and a library. This trail will be used for educational purposes, that willincorporate cultural programs for youth and adults and provide hands-on aqua andagriculture classes for visiting schools, communities and organizations. One of the goals isto incorporate “pocket” areas that have specific educational information, whether it iswildlife, aquatic, or historical. Future educational grants will be used to add informationalresource areas along the pathway.Health SustainabilityThe R-SUP promotes healthy and active living by offering those that are not seekingaerobic exercise a place to walk and relax or a place for leisure activities. Walking hasbenefits 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 userswith a facility to get their legs and hearts pumping as a regular routine. The pathway is aninexpensive, individual means of transport that is financially feasible to citizens, workers,and students in the vicinity that choose to walk to get healthy.Economic DevelopmentThe pathway has an economic development advantage in that it would help to promote notonly bicycle and pedestrian use, but would contribute to the local economy. Studies haveshown that where bicycle and pedestrian tourism is fostered and promoted, and whereinvestments are made in bicycle and pedestrian facilities, the economic impact may begreater. The R-SUP has the potential to attract new residents to the City as well. Potentialresidents 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 andabilities. 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 CorridorMaster Plan; Parks, Recreation and Open Space Master Plan; Comprehensive Land UsePlan; and Bicycle and Pedestrian Plan. These plans emphasize connections throughPage 3 of 35
  • 140. alternative modes of transportation to neighborhoods, schools, parks, retail outlets,employment centers, and downtown. They also specifically mention the Red Arroyo as aviable opportunity of fulfilling that need.The R-SUP will improve the area and will provide a very useful means to travel from onepart 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 goalof 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 andtravel in a more sustainable fashion.This pathway will serve as a catalyst for future pathway extensions and for alternativetransportation options. This first segment of the Red Arroyo Shared-Use Pathway is crucialbecause 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 TexasBank Sports Complex together along with other developments. Plans include continuing thismulti-use pathway along the Red Arroyo that would connect areas of town to one anothercreating one trail that would unite other transit/transportation, military, educational, andcommercial and residential uses.Financial Impact:The Transportation Enhancement funds cover 80% of project costs and the applicant isresponsible 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 totalproject 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 haveto be installed along the river because of Stormwater requirements, which means that theCity’s contribution could be small. Payment of $10,432 is due within 30 days of execution ofAdvance Funding Agreement and final payment is due 60 days prior to constructioncontract 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 enormouspotential.Related Vision Items: Neighborhood Vision – Provide good infrastructure. Industry Vision – Capitalize on alternative transportation modes.Page 4 of 35
  • 141. 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 Councilaccepting funds from the Texas Department of Transportation (TxDOT), TransportationEnhancement Program; authorizing the City Manager or his designee to execute anAdvance Funding Agreement with TxDOT for a Transportation Enhancement (TE) Projectdescribed as Red Arroyo Shared-Use Pathway that provides for the division of costs andresponsibilities associated with the design and construction of the project; and, authorizingCity 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.Page 5 of 35
  • 142. Page 6 of 31
  • 143. Page 7 of 31
  • 144. Page 8 of 31
  • 145. Page 9 of 31
  • 146. City of San Angelo Engineering ServicesMemo 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. Page 10 of 31
  • 147. Page 11 of 31
  • 148. Page 12 of 31
  • 149. Page 13 of 31
  • 150. Page 14 of 31
  • 151. Page 15 of 31
  • 152. Page 16 of 31
  • 153. Page 17 of 31
  • 154. Page 18 of 31
  • 155. Page 19 of 31
  • 156. Page 20 of 31
  • 157. Page 21 of 31
  • 158. Page 22 of 31
  • 159. Page 23 of 31
  • 160. Page 24 of 31
  • 161. Page 25 of 31
  • 162. Page 26 of 31
  • 163. Page 27 of 31
  • 164. Page 28 of 31
  • 165. Page 29 of 31
  • 166. Page 30 of 31
  • 167. Page 31 of 31
  • 168. 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); andWHEREAS, The Federal Texas Transportation Enhancement Program offers funding opportunities to help expand transportation choices and enhance the transportation experience; andWHEREAS, 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; andWHEREAS, 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; andWHEREAS 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; andWHEREAS, 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 providelocal matching funds for the Red Arroyo Shared-Use Pathway, and the local share of projectpreliminary 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,
  • 169. 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. THE CITY OF SAN ANGELO, TEXAS _________________________ Alvin New, MayorAttest:_____________________Alicia Ramirez, City ClerkApproved As to Form: Approved As to Content:______________________ ____________________________Lysia Bowling, City Attorney Doray Hill, Jr., Interim MPO Director
  • 170. City of San AngeloMemoMeeting Date: June 7 2011To: Mayor and City Council membersFrom: Bradley Stone, Principal PlannerSubject: 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 limitsContact: A J Fawver, Planning Manager 657-4210Caption: 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________________________________________________________________________________________
  • 171. Summary:The attached draft ordinance authorizes annexing approximately 200 acres adjacent to thesouthwestern City limits of San Angelo, which said acreage encompasses each of the followingfeatures: • 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 ofland surrounding it, from the old West Texas Utilities Company.1During the early 1960’s, the City of San Angelo sold a portion of what it had earlier bought fromWest Texas Utilities, back to West Texas Utilities for them to building an electric power stationand pathway (500+ feet wide) for electric power transmission.In more recent years, the physical assets of West Texas Utilities have been sold toAmerican 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 RedBluff Road is extended, AEP and the electric power station’s new owner (Fleet EquipmentLeasing) 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 provider2 Fleet Equipment Leasing from Eastland, Texas
  • 172. City staff recommends approving the proposed annexation of these approximately 200acres, 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 generalgoals 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
  • 173. 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 planPublication: 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 ManagerReviewed by: AJ Fawver, Planning Manager (05/27/11)
  • 174. 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 DATEordinance annexing approximately 200 acres located southwest of San Angelo’s existing citylimits, encompassing the Lake Nasworthy Power Station at 6465 Knickerbocker Road, anadjacent electric substation, an approximately 500-foot wide strip of land occupied by parallelarrays 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 byState law and the City Charter to annex territory lying adjacent and contiguous to the corporatelimits of said City of San Angelo, Texas; and WHEREAS, three public hearings have been held, the first on May 3rd of 2011, thesecond on May 17th of 2011, and the third on June 7th of 2011, as required by law and at SanAngelo’s McNease Convention Center, where all interested persons were provided anopportunity to be heard on the proposed annexation of property and territory hereinafterdescribed; and WHEREAS, all notices have been issued as required by law and all hearings held withinthe time required by law; and WHEREAS, a service plan has been prepared that provides for the extension ofappropriate 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 boundariesof any other municipality, lies within the extraterritorial jurisdiction of the City of San Angelo,
  • 175. 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 areincorporated 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 andincorporated herein for all purposes, said territory lying adjacent to and adjoining the presentboundaries of the City of San Angelo, Texas, be and is hereby added and annexed to the City ofSan Angelo, and said territory hereinafter described shall hereafter be included within thecorporate limits of the City of San Angelo, and the present boundary lines of said City, at variouspoints contiguous to the area hereinafter described, are altered and amended so as to includesaid area within the corporate limits of the City of San Angelo. Section 3. That the service plan attached hereto as Exhibit “B” is hereby approvedand is incorporated into this ordinance as if it were recited herein. The City of San Angelomakes an affirmative determination that this service plan provides for services to the annexedarea which are comparable to other areas within the City of San Angelo with similar landutilization, population density and topography. It is further found that those characteristics ofland use, population density and topography which distinguish this territory from other areas ofSan Angelo are considered a sufficient basis for providing a different level of services in theannexed territory. Section 4. That the annexed territory described above is a part of the City of SanAngelo for all purposes, and the property situated therein shall bear its pro rata part of taxeslevied by the City of San Angelo, and shall be entitled to the same rights and privileges, boundby 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 ofthe annexed territory shall be entitled to all the rights and privileges of all the other citizens andproperty owners of San Angelo and shall be bound by the Charter, Ordinances, Resolutions andother 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 theaforementioned territory as part of the City of San Angelo, Texas. Section 7. That if any portion, provision, section, subsection, sentence, clause orphrase of this ordinance (or the application of same to any person or set of circumstances) is forany reason held to be unconstitutional, void, or invalid, the validity of the remaining portions ofthis ordinance (or their application to other persons or sets of circumstances) shall not beaffected thereby, it being the intent of City Council in adopting this ordinance, that no portionthereof or provision contained herein shall become inoperative or fail by reason of anyunconstitutionality of any other portion hereof, and all provisions of this ordinance are declared tobe severable for that purpose.
  • 176. 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 ADOPTEDon this the 28th day of June, 2011. THE CITY OF SAN ANGELO by:______________________________________ Alvin New, MayorATTEST:by:_________________________________ Alicia Ramirez, City Clerk
  • 177. 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, 2011BEGINNING at a point on the existing City limits of San Angelo and the west line of right-of-wayfor Knickerbocker Road (R.M. Hwy. 584) and which said point is also the southeast corner of Lot2 in Block 2 of Lake Nasworthy Addition Group Twenty-One, as shown on a subdivision plat ofsaid Group Twenty-One recorded on Slide 96 in Cabinet F of the Tom Green County Clerk’s PlatRecords;THENCE N. 63º 47’ 12” W. for a distance of 437.2 feet4 along an existing City limits linecoinciding with the south boundaries of Lots 2 and 1, consecutively, in Block 2 of LakeNasworthy Addition Group Twenty-One, to a point at the southwest corner of Lot 1 in said Block2, the same point being an inset corner of that certain “FIRST TRACT” comprising 89.72 acresconveyed from the City of San Angelo to the West Texas Utilities Company, by deed recordedon Pages 242 thru 247 in Volume 427 of Deed Records for Tom Green County, Texas, said89.72 acres hereinafter referred to as the FIRST TRACT in West Texas Utilities’ Lake NasworthyPower Station Property;THENCE N. 26º 12’ 51” E. for a distance of 208.725 feet along an existing City limits linecoinciding 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 TomGreen County Clerk’s Plat Records, to a point on the south line of right-of-way for Red BluffRoad and which said point is also the northwest corner of Lot 1 in Block 2 of Lake NasworthyAddition Group Twenty-One, the same point also being the most northerly northeast corner ofthe 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 limitsline 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, toa 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 existingCity limits and perpendicularly across the width of right-of-way for Red Bluff Road, to a point onthe north line of said right-of-way, said point also being the southernmost southeast corner ofthat certain 79.3-acre tract conveyed from the City of San Angelo to the West Texas UtilitiesCompany, by deed recorded on Pages 458 thru 461 in Volume 434 of Deed Records for TomGreen County, Texas, said 74.93 acres hereinafter referred to as West Texas Utilities’ LakeNasworthy Transmission Line Property;4 or N. 64º 29’ 30” W. for a distance of 430.7 feet, per ordinance annexing approximately 634 acres to theCity limits of San Angelo, as approved by San Angelo’s City Council on December 4, 19845 or N. 25º 30’ 30” E. for a distance of 208.7 feet, per deed to FIRST TRACT of West Texas Utilities’ LakeNasworthy Power Station Property
  • 178. THENCE continuing N. 25º 30’ 30” E. for a distance of 1190.0 feet along an existing City limitsline coinciding with an east boundary of West Texas Utilities’ Lake Nasworthy Transmission LineProperty, 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 coincidingwith 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 forKnickerbocker 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 apoint on the west line of said right-of-way and at an inset corner of San Angelo’s existing Citylimits, said point being situated 4100 feet (as measured along the west line of KnickerbockerRoad’s right-of-way) from the centerline of Texas Highway Loop 306, per ordinance annexingapproximately 2.2 square miles to the City limits of San Angelo and approved by San Angelo’sCity Commission on March 18 of 1975;THENCE westward and perpendicular to the centerline of Knickerbocker Road, for a distance ofapproximately 130 feet along the existing City limits of San Angelo (per above-mentionedordinance annexing approximately 2.2 square miles to the City of San Angelo on March 18 of1975) to a point on the southeast line of right-of-way for what was long known as the KCM&ORailroad 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 thesoutheast line of right-of-way for what was long known as the KCM&O Railroad and/or theATS&F Railroad but which is presently known as the South Orient Railroad, to a point at thenortheast corner of Block 1 in Lakeside Ranch Addition, as shown on a subdivision plat ofLakeside Ranch Addition, Section One, which is recorded on Slide 53 in Cabinet F of the TomGreen County Clerk’s Plat Records;THENCE S. 59º 04’ 05” W. for a distance of 1402.96 feet along an existing City limits linecoinciding 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 linecoinciding 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 linecoinciding with yet another southeast boundary of Block 1 in the Lakeside Ranch Addition, asshown on a subdivision plat of Lakeside Ranch Addition, Section One, which is recorded onSlide 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 thatcertain 74.93-acre tract conveyed from the City of San Angelo to the West Texas UtilitiesCompany, by deed recorded on pages 458 thru 461 in Volume 434 of Deed Records for TomGreen County, Texas, said 74.93 acres referred to herein as West Texas Utilities’ LakeNasworthy 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
  • 179. Lake Nasworthy Addition, Section One, to a point at the northernmost southwest corner of (andthe designated point of beginning for) West Texas Utilities’ Lake Nasworthy Transmission LineProperty, said point being on the southeast line of right-of-way for an abandoned portion of theKCM&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 feetalong the same southeast line of right-of-way for an abandoned portion of the KCM&O Railroadand the north boundary of municipally-owned land in and around Lake Nasworthy, to a point onanother north boundary of such municipally-owned land, the same point being on the north lineof right-of-way for Red Bluff Road;THENCE N. 88º 43’ 47” E. for a distance of approximately 810 feet along a north boundary ofmunicipally-owned land surrounding Lake Nasworthy and the north line of right-of-way for RedBluff Road, to a point at an inset corner of approximately 634 acres annexed to the City limits ofSan 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 SanAngelo and diagonally across the width of Red Bluff Road, to a point at the northwest corner ofthat certain “SECOND TRACT” of 15.45 acres conveyed from the City of San Angelo to theWest Texas Utilities Company, by deed recorded on Pages 242 thru 247 in Volume 427 of DeedRecords for Tom Green County, Texas, said 15.45 acres hereinafter referred to as the SECONDTRACT 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 limitsline coinciding with the west boundary of the aforementioned SECOND TRACT in West TexasUtilities’ 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 SanAngelo, 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 anabandoned portion of the KCM&O Railroad, to a point at another inset corner of San Angelo’sexisting City limits;THENCE N. 53º 13’ 00” E. for a distance of 782.2 feet along the existing City limits of SanAngelo, to a point at the most westerly southwest corner of that certain “FIRST TRACT” of 89.72acres conveyed from the City of San Angelo to the West Texas Utilities Company, by deedrecorded 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’ LakeNasworthy Power Station Property;THENCE S. 69º 32’ 15” E. for a distance of 404.3 feet along an existing City limits line coincidingwith a southern boundary of the FIRST TRACT in West Texas Utilities’ Lake Nasworthy PowerStation Property;THENCE S. 52º 00’ 30” E. for a distance of 2727.65 feet along the existing City limits of SanAngelo, to a point on the west line of right-of-way for Knickerbocker Road (R.M. Hwy. 584);
  • 180. THENCE N. 13º 12’ 41” E. for a distance of 1429.95 feet along an existing City limits linecoinciding 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 linecoinciding 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 aradius of 1980.08 feet and an arc length of 164.73 feet, to the POINT OF BEGINNING.
  • 181. 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, 2011SERVICES PROVIDED WITHIN SIXTY (60) DAYS FOLLOWING THE EFFECTIVE DATEOF ANNEXATION:1. POLICE PROTECTION The City of San Angelo, Texas and its Police Department will provide policeprotection to the newly annexed territory at the same or similar service now being providedto other areas of the City of San Angelo, Texas which exhibit land use and populationdensities 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 protectionand emergency medical service to the newly annexed territory at the same or similar level ofservice now being provided to other areas of the City of San Angelo, Texas which exhibitland 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 thosefor emergency medical services) and other requests for service or assistance within thenewly annexed area, the same as it would within other areas inside the City limits of SanAngelo.3. SOLID WASTE COLLECTION At the present time, the City of San Angelo, Texas is utilizing a designated, specificcontractor for collection of solid waste and refuse within the City limits of San Angelo. Suchcontract for solid waste collection is with Trashaway Services, Incorporated. Upon paymentof required deposits and agreement to pay lawful service fees and charges, solid wastecollection will be provided to all residents, businesses and other users of property in thenewly annexed area, to the extent the City’s contractor has access to such propertyrequested to be serviced.4. MAINTAINING WATER AND WASTEWATER FACILITIES Any and all water or wastewater facilities owned or maintained by the City of SanAngelo, Texas at the time of annexation shall continue to be maintained by the City of SanAngelo. Any and all water and wastewater facilities which may be acquired subsequent toannexation of the subject territory shall be maintained by the City of San Angelo, to theextent of its ownership. Existing water and sewer mains at their present locations shall beavailable for point-of-use connections, based on applicable utility extension policies and/or
  • 182. ordinances of the City of San Angelo, now existing or as such policies and/or ordinancesmay be amended.5. MAINTAINING ROADS, STREETS AND ALLEYWAYS Any and all roads, streets or alleyways which have been dedicated to the public shallbe maintained to the same degree and extent that other roads, streets and alleyways aremaintained in areas with similar land use, population density and topography. Municipal maintenance of properly dedicated roads, streets and alleyways (whichmay be installed by developers of land within this newly annexed territory) will be consistentwith such maintenance provided by the City of San Angelo to other roads, streets andalleyways in areas exhibiting land use, population densities and topography similar to that ofthe newly annexed area. Any and all lighting of roads, streets and alleyways which may be positioned in aright-of-way, roadway or utility company easement shall be maintained by the applicableelectric utility company (or companies) servicing the City of San Angelo, Texas, pursuant toapplicable 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 ofany parks, playgrounds or public swimming pools now located in the newly annexedterritory. In the event any such parks, playgrounds or swimming pools do exist and arepublic facilities, the City of San Angelo shall maintain such areas to the same extent anddegree that it maintains parks, playgrounds and swimming pools and other similar municipalfacilities 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 ofany publicly-owned facility or building now located in the area proposed for annexation. Inthe event any such publicly-owned facility or building does exist and are public facilities orbuildings, the City of San Angelo shall maintain such facilities or buildings to the same extentand degree that it maintains similar municipal facilities and buildings now incorporated in theCity of San Angelo, Texas.CONSTRUCTION OF CAPITAL IMPROVEMENTS TO BEGIN WITHIN 2½ YEARSFOLLOWING THE EFFECTIVE DATE OF ANNEXATION:1. POLICE PROTECTION, FIRE PROTECTION, EMERGENCY MEDICAL SERVICES AND/OR SOLID WASTE COLLECTION
  • 183. The City Council of the City of San Angelo, Texas finds and determines it to beunnecessary to acquire or construct any capital improvement within 2½ years following theeffective date of annexing the subject territory, for the purpose of providing police and fireprotection, emergency medical services and/or solid waste collection. The City Council findsand determines that it has at the present time adequate facilities to provide comparablelevels of protection and service to what is presently being provided to other areas alreadyincorporated 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 believesthat adequate municipal water and sewer mains exist for point-of-use connections andserviceable extensions, to provide both water and sewer service within the newly annexedterritory, pursuant to applicable utility extension policies and/or ordinances of the City of SanAngelo, 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 provideinternal streets (and to improve peripheral or boundary streets) in accordance withapplicable ordinances of the City of San Angelo, and such street improvements shall complywith 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 (orcompanies), will undertake to provide the same degree of road and street lighting as isprovided in areas of similar land use, population and topography already existing within thepresent 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, Texaswill undertake to provide any such facility which it deems necessary to adequately providefor the health and safety of citizens in the newly annexed territory, based upon standardconsiderations of land use, population density and topography.SPECIFIC FINDINGS: The City Council of the City of San Angelo, Texas finds and determines that thisService Plan will not provide any fewer services nor will it provide a lower level of service, inthe newly annexed territory, than were in existence at the time immediately preceding thisterritory’s annexation to the City of San Angelo, Texas.
  • 184. City of San AngeloMemoDATE: May 24, 2011TO: Mayor and Council MembersFROM: Robert Salas, Neighborhood & Family Services Department DirectorSUBJECT: Agenda Item for June 7, 2011 Council MeetingCONTACT: Robert Salas 657-4274CAPTION: 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 thediscussion and deliberation of those funds. The City Council needs to make its allocation decisions inorder to comply with the Citizen Participation Plan and allow staff to prepare the Annual Action Plan. Theattached 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 fromthe U.S. Department of Housing and Urban Development (HUD) for Grant Year 2011. Additionally, weanticipate receiving $41,850 in CDBG program income, $22,000 in HOME program income, $34,000 inrental revenue and $91,347 in prior year funds to be reallocated for a total of $1,400,195 to be allocatedto 2011 projects. In allocating these funds, the City must operate under certain limitations set forth in Title 24 of theCode of Federal Regulations. Limitations and the activity categories of those limitations are as follow: CDBG: Administration 20% cap $170,162 HOME: Administration 10% cap $42,038The application summaries are attached. The summaries provide a synopsis of the application, staffreview and analysis, and funding history for the applicant and/or program. The other attachment is the2011 CDBG/HOME Projects Funding Worksheet.Financial Impact: The allocation process must be completed in order to submit the required AnnualAction Plan to HUD for approval and expend allocated funds.
  • 185. Related Vision Item: Neighborhood Revitalization.Other information/recommendations: Staff recommends City Council allocate $1,400,195 to 2011projects as proposed by staff.Attachments: 2011 CDBG and HOME Application Summaries 2011 Funding WorksheetsPresentation: By Neighborhood & Family Services Director Bob Salas and Senior Program CoordinatorMauri RodriguezPublication: Standard Times (English and Spanish)Reviewed by Department Director: N/A
  • 186. City of San Angelo Grant Year 2011 Summaries for CDBG & HOME Grant ApplicationsPrepared by:Mauri LC Rodríguez, Sr. Program CoordinatorAngelica V. Peña, Program Coordinator
  • 187. 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 i
  • 188. Community and Housing Support ~ Bob Salas, Manager $170,162 CHS AdministrationDESCRIPTION OF PROJECT FOR WHICH FUNDS REQUESTED: Community and Housing Support (CHS) requests $170,162 in CDBG funds tocontinue funding the Community and Housing Support CDBG Program.Administration funds include funding for Staff and related costs required for overallprogram management, coordination, monitoring, reporting, and evaluation of CDBGand HOME programs. CHS has offered a housing rehab program since 1976. The CHS office is openMonday 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 provideadministrative support for all programs that serve low/moderate income homeownerfamilies.PRIOR FUNDING HISTORY: 2010 CDBG $203,433 2009 CDBG $191,158 2008 CDBG $194,001 2007 CDBG $156,649 2006 CDBG $105,262NATIONAL OBJECTIVE: NACONS. PLAN OBJECTIVE: Non-Housing Community and Housing SupportELIGIBLE ACTIVITY: 21A General Program Administration §570.206 2
  • 189. Community and Housing Support ~ Bob Salas, Manager $433,395 Housing Rehabilitation ProgramDESCRIPTION OF PROJECT FOR WHICH FUNDS REQUESTED: Community and Housing Support (CHS) requests $433,395 in CDBG funds tocontinue funding the Housing Rehabilitation (Rehab) Program. Of this amount,$160,854 is requested for rehab administration, $152,686.00 is requested for rehabloans and grants, and $50,000.00 is requested to support the annual NeighborhoodBlitz. In addition, $69,855 will be reallocated from prior year funds to give the Rehabprogram a total of $222,541. Assistance will be provided to 15 eligible low/moderateincome homeowners within the city limits of San Angelo in the form of rehabilitation(remodeling) not to exceed $24,999. Modifications to provide barrier-free livingspace, when feasible, for homes occupied by either disabled or elderly individualsrequiring such modifications is also included. Homes will also receive work to reducelead-based paint hazards, if necessary, based on the requirements of HUDRegulations. Also, approximately 20 homeowners will be assisted in theNeighborhood Blitz program and will receive minor exterior repairs and exterior paint. CHS has offered a housing rehab program since 1976. The CHS office is openMonday 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 nointerest deferred loan. No household pays less than 25% of the project cost and nomore than 75%. The amount of households that can be served from this programvaries depending on the repairs required. The project expenditure limit is $24,999. Nofunding is currently available from last year’s allocation and only $101,000 remainsfrom the 2010 allocation. The request for CDBG funds is a continuation of prior years’ grants to provideaffordable housing and revitalization for low/moderate income homeowner families.The first and foremost objective of the CHS Housing Rehab Program will be toachieve Affordable Housing through completing rehab and repairs for low/moderateincome owner-occupied homes in San Angelo. The second objective will be tocontribute toward special needs populations by incorporating handicapmodifications into both the complete rehab and enhanced repairs components.PRIOR FUNDING HISTORY: Admin. / Program 3
  • 190. 2010 CDBG $134,000 $ 378,314(includes $97,582reallocation) 2009 CDBG $168,745 $ 244,731 2008 CDBG $120,275 $ 200,000 2007 CDBG $123,223 $ 213,279 2006 CDBG $105,888 $ 253,000NATIONAL OBJECTIVE: Benefit at least 51% low/moderate income personsCONS. PLAN OBJECTIVE: Affordable HousingELIGIBLE ACTIVITY: Rehabilitation §570.202 4
  • 191. Community and Housing Support ~ Bob Salas, Manager $88,108 Emergency Repair ProgramDESCRIPTION OF PROJECT FOR WHICH FUNDS REQUESTED: Community and Housing Support (CHS) is requesting $88,108 in CDBG funds tooperate a component of the Housing Rehabilitation Program called EmergencyRepairs. This program provides a 100% grant for low/moderate income homeownersfor up to $5,000 per three-year period. An emergency is a situation or condition thatoccurred without warning [within two (2) weeks], is detrimental to life, health, orsafety and requires immediate action. Action must be taken within 24-72 hours toremediate the emergency situation. Modifications to provide barrier-free livingspace, when feasible, for homes occupied by either disabled or elderly individualsrequiring such modifications will also be included. The goal for this funding is tocomplete repairs for approximately 17 households.STAFF REVIEW/ANALYSIS: During this program year, Community and Housing Support has completedemergency repairs for 44 households with expenditures of approximately $118,000.All funds from prior years have been spent and approximately $2,000 remains fromthe 2010 allocation. The number of emergency repairs continues to be one of thedepartments’ most popular programs and continues to increase each month as theprogram is in operation and as the word gets out to the community that we are nowaddressing emergency issues in a timely manner. Additionally, we will see an influx ofcases for heating problems during the colder months of the year, which generally arecostly because gas lines have to be replaced to pass code. This request for CDBG funds promises to maximize the future provision ofaffordable housing repairs for low/moderate income homeowner families byremoving financial barriers created by the loan component of the CHS HousingRehab Program. The City of San Angelo has identified affordable housing forlow/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 $ 50,000NATIONAL OBJECTIVE: Benefit at least 51% low/moderate income personsCONS. PLAN OBJECTIVE: Affordable HousingELIGIBLE ACTIVITY: Rehabilitation §570.202 5
  • 192. Community and Housing Support ~ Bob Salas, Manager $175,000 Debt Payment ServicesDESCRIPTION OF PROJECT FOR WHICH FUNDS REQUESTED: Community and Housing Support requests $175,000 in CDBG funds to repay theSection 108 Loan which is funding the Rio Vista Park Renovation and the Producer’sPark Development. This loan totaling $2,035,000 plus interest will be paid back overperiod not to exceed 20 years.STAFF REVIEW/ANALYSIS: The loan was approved in 2008 and repayment began in June 2011.PRIOR FUNDING HISTORY: NANATIONAL OBJECTIVE: Benefit at least 51% low/moderate income personsCONS. PLAN OBJECTIVE: Public FacilitiesELIGIBLE ACTIVITY: Parks, Recreational Facilities §570.201(c) 6
  • 193. Community and Housing Support ~ Bob Salas, Manager $13,000 Dangerous Buildings InspectorDESCRIPTION OF PROJECT FOR WHICH FUNDS REQUESTED: Community and Housing Support requests $13,000 in CDBG funds to continuethe funding of a Fire Prevention Building Inspector to pay for the portion of the salaryin relation to the time spent in low to moderate income areas. This activity will servethe neighboring residents of such structures and the entire community by improvingthe appearance of the community and eliminating fire hazards, vandalism, sites ofpossible drug use, and transient shelters. The demolition of structures is orderedthrough the Dangerous Buildings Program, and Operations performs the demolitionwork.STAFF REVIEW/ANALYSIS: Dilapidated buildings impact both the residents and the entire community bydecreasing the aesthetic and economic value of the neighborhood. According toCommunity and Housing Support data developed in conjunction with the 2010-2014Consolidated Plan, approximately 1,059 or 13.5% of the structures in low/moderateincome areas are substandard and not suitable for rehabilitation. The Dangerous Buildings Inspector meets the non-housing Community andHousing Support objective of the City’s 2010-2014 Consolidated Plan adopted by theCity Council. The program meets the goals of providing viable urban communitiesand 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 $0NATIONAL OBJECTIVE: Aid in prevention or elimination of slums or blightCONS. PLAN OBJECTIVE: Non-Housing Community and Housing SupportELIGIBLE ACTIVITY: Clearance Activities §570.201(d) 7
  • 194. Code Compliance ~ James Flores, Manager $41,000 Code Compliance OfficersDESCRIPTION OF PROJECT FOR WHICH FUNDS REQUESTED: The Code Compliance Division requests $41,000 in CDBG funds for the salaryand benefits for one City of San Angelo Code Compliance Officer. This officer will beassigned to enforce codes, such as junk, junk vehicles, tall grass and weeds, junkappliances, refuse, unsightly material and temporary signs, and related state laws inlow/moderate income areas defined by the 2000 Census. On average, the CodeEnforcement Section performs about 7,000 compliance activities annually, whichinclude inspection, reinspection, and violation documentation. A substantial numberof violations occur in low/moderate income areas. The service provided by theofficers will aid in the elimination of conditions which are detrimental to health, safetyand public welfare in targeted areas of the City.STAFF REVIEW/ANALYSIS Code Compliance activities by the officer to be funded with this grant will belimited to violations only in low/moderate census tract block group areas, andreimbursement will be made for the officer’s full salary and benefits. In the yearending September 30, 2010, 6,012 unduplicated violations were handled by fivecode officers in the designated low/moderate census tract block group areas. The project for which funding is requested would constitute a direct effort tomeet 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’scontinuing efforts in the prevention of slum/blight in otherwise generally deterioratedareas in the City’s low/moderate income areas. Code Compliance activities occurthroughout the City but are especially important to prevent neighborhood decay inthe 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 $ 37,000NATIONAL OBJECTIVE: Aid in prevention or elimination of slums or blightCONS. PLAN OBJECTIVE: Non-Housing Community and Housing SupportELIGIBLE ACTIVITY: Code Enforcement Activities §570.202(c) 8
  • 195. Community and Housing Support ~ Bob Salas, Manager $337,445 Affordable Housing/Neighborhood Revitalization ProgramDESCRIPTION OF PROJECT FOR WHICH FUNDS REQUESTED: Community and Housing Support (CHS) is requesting $337,445 in HOME fundsfor the Neighborhood Enhancement/Revitalization Program (Revitalization) tocontinue to revitalize the current City Council identified Rio Vista, Blackshear, Reaganand Fort Concho target areas through new construction,rehabilitation/reconstruction of existing owner occupied homes, and down paymentand closing cost assistance for the Homebuyers Assistance Program (HAP). Of theamount requested, $62,319 will be used for administration, $182,126 will providefunding to serve up to 2 families through new construction, reconstruction orrehabilitation, and $93,000 will provide approximately 12 families down payment andclosing cost assistance up to $12,000 to purchase a home within one of the fourtarget areas. The actual numbers to be served will vary based on the extent of thework to be performed or assistance needed.STAFF REVIEW/ANALYSIS: The request for HOME funds is necessary to continue providing theRevitalization Program to low/moderate income families in the City Councildesignated target areas. Two HOME projects were completed during the 2009-2010program year. This year, two home reconstruction projects will be completed, oneeach in the Rio Vista and Reagan target areas. Since the Revitalization Programbegan, a total of 25 homes have been completed (complete rehabs & newconstruction). Of the 25 homes, 2 have been in the Blackshear Target Area, 2 in theFort Concho Target Area, 3 in the Reagan Target Area, and 18 in the Rio Vista TargetArea. The homebuyer’s component will continue to be used in the RevitalizationProgram. Last year, 14 families were assisted and all funds were expended, and in PY2010, 12 families have been assisted through May 2011 with enough funds remainingfor 1 to 2 more families. The City of San Angelo has identified affordable housing as apriority 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 9
  • 196. HOME OBJECTIVE: Affordable HousingCONS. PLAN OBJECTIVE: Affordable HousingELIGIBLE ACTIVITY: Affordable Housing/Site Improvements Rehabilitation/New Construction §92.205(a) 10
  • 197. MHMR Services for the Concho Valley ~ Mary Blackburn, Supported Housing Coordinator $70,000 Tenant Based Rental Assistance ProgramDESCRIPTION OF PROJECT FOR WHICH FUNDS REQUESTED: MHMR Services of the Concho Valley is requesting $70,000 in HOME funds toprovide tenant-based rental assistance (TBRA) to 33 clients with a chronic mentalillness residing within the San Angelo city limits. The HOME funds requested willprovide rental assistance, one time security deposit assistance, and one-time utilitydeposit assistance. TBRA may be used on any rental property within the City of SanAngelo that meets HUD’s minimum Housing Quality Standards. Initial and annualinspections of the units are required in order to assure that the funds are being usedfor decent, safe and sanitary properties. In PY 2009, 29 chronic mentally ill patients were assisted with rental and depositassistance with expenditures totaling approximately $57,000.00. Currently, there are23 clients receiving TBRA services and 14 clients are on the waiting list, withexpenditures totaling $31,550. Most of the TBRA program participants were at orbelow the Federal Poverty Level; however, all clients served under the programqualify under the HUD established income limits. MHMR will match this funding byproviding eligible supportive services such as personal rehabilitation, medication, lifeskills training, service coordination, access to peer support groups, and familyeducation services.STAFF REVIEW/ANALYSIS: MHMR’s tenant-based rental assistance program has received HOME fundssince Program Year 2000. All MHMR TBRA clients are required to apply for the Section8 program through the San Angelo Public Housing Authority. Once the client beginsreceiving housing assistance with PHA, they are removed from MHMR’s TBRAprogram. MHMR is the only agency in San Angelo that offers a tenant-based rentalassistance program specifically for low income chronic mentally ill individuals untilaccess to the Section 8 program is achieved. Affordable housing for special needspersons, such as these MHMR clients, is specifically addressed as an objective in theCity’s 2010-2014 Consolidated Plan.PRIOR FUNDING HISTORY: 2010 $58,699 2009 $64,000 2008 $61,000 2007 $64,000 2006 $62,890 2005 $62,890HOME OBJECTIVE: Affordable HousingCONS. PLAN OBJECTIVE: Special Needs/Homeless PopulationsELIGIBLE ACTIVITY: Tenant-Based Rental Assistance §92.205(a) 11
  • 198. Galilee Community and Housing Support Corporation ~ Terry Shaner, Director $80,000 New Home Construction ProgramDESCRIPTION OF PROJECT FOR WHICH FUNDS REQUESTED: The Galilee Community and Housing Support Corporation (GCDC) is requestingfunding in the amount of $80,000 for the construction of 5 new homes forlow/moderate income residents in Community Housing Development Organization(CHDO) funds. HUD regulations require 15% of the annual HOME grant to the participatingjurisdiction to be allocated to a CHDO, if the jurisdiction has a certified CHDO, or thefunds must be returned to HUD. GCDC is currently the only certified CHDO in SanAngelo, 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 affordablehousing objective as outlined into the 2010-2014 Consolidated Plan adopted by CityCouncil. GCDC will also continue to use proceeds received from the construction of½ cent sales tax homes totaling approximately $121,056 as of (April 2011) inconjunction 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 $ 33,821NATIONAL OBJECTIVE: Benefit Low/Moderate Income PersonsCONS. PLAN OBJECTIVE: Affordability HousingELIGIBLE ACTIVITY: Site Improvements & New Construction §92.2.05(a) 12
  • 199. City of San Angelo2011 CDBG Projects Funding WorksheetCDBG 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 Amount Requests Allocation RemainingAll projects 920,665 920,665 0 Prior Year Proposed Allocation AllocationAdministration/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 175,000 175,000Clearance CD - Demolition 10,000 0 Fire Prevention - Dangerous Buildin 23,000 13,000 Code Compliance - Code Enforcem 41,000 41,000Total City Requests 909,747 920,665 0 *includes $69,855Total Allocations 920,665 reallocated funds
  • 200. City of San Angelo2011 HOME Projects Funding WorksheetHOME Federal Entitlement 402,038Program Income: Revitalization Loans 22,000 Admin Cap 42,403Program Year Funds Subject to Caps 424,038Elderly Duplex Rent Revenue 34,0002010 Program Year Funds Available 458,038Prior Year Funds Available 21,492Total Available to Allocate 479,530Minimum CHDO Allocation 60,306 Amount of Amount Proposed Amount Requests Available Allocation RemainingAll projects 480,038 479,530 479,530 0 (which includes rent revenue) Prior Year Requested Proposed Prior Year Allocation Amount Allocation ReallocationCity 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 336,958 325,038 346,530Community 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 *includes $69,855Total Requests 480,038 479,530 reallocated fundsThe 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 mayallocate 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 toDuplex Maintenance.
  • 201. City of San AngeloMemo Meeting Date: June 7 2011 To: Mayor and Council members From: Bradley Stone, Principal Planner 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 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
  • 202. Summary: The proponents are seeking to change the zoning of three vacant lots locatedbehind their business (SNG Satellite) at 711 North Garfield Street, to the sameNeighborhood Commercial zoning classification as the business itself. This business islocated less than 100 feet north from the westbound frontage road for Houston HarteExpressway. 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 lotsEast Neighborhood Commercial (CN) retail businessSouth Single-Family Residence (RS-1) westbound frontage road for Houston Harte ExpresswayWest Single-Family Residence (RS-1) vacant lotsBackground and Analysis:The subject three lots are bordered on the north and east by lots in an existingNeighborhood Commercial (CN) zoning district. Lots located directly to the east areoccupied by a retail use, presently SNG Satellite. Lots located to the north (across thewidth of Houston Street) remain vacant but are in the same CN zoning classification as thatrequested by the proponents.All these lots, existing or proposed to be in CN zoning, are located within 500 feet from theintersection of Houston Harte Expressway and North Garfield Street. Houston HarteExpressway 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 HoustonHarte Expressway. As a result, this segment of North Garfield Street is classified as acollector-type street. The three major classifications of streets shown on San Angelo’sThoroughfare Plan include freeways (such as Houston Harte Expressway) as well asarterial and collector streets.The San Angelo Comprehensive Plan, in both its 2003 version and 2009 update, generallyencourages clustering retail trade at or near intersections of such major streets. Assuggested above, the subject three lots lie within a certain “sphere” of potential retail activityextending 500 feet from intersection of North Garfield Street and Houston HarteExpressway.As its name implies, the Neighborhood Commercial zoning classification is intended for alimited range of retail activity located close to nearby residential neighborhoods. In the
  • 203. vicinity of the subject three lots, residences are located nearby to the north (on WacoStreet) and to the east (across the width of North Garfield Street).Recommendation:The Planning Commission and City staff both recommend approving this proposed zonechange to a CN District, on all three lots comprising the subject property. The 2009Comprehensive Plan includes a Vision Plan map of future land use in and around SanAngelo. This Vision Plan map designates the subject property to be within a “NeighborhoodCenter” at or near the intersection of Houston Harte Expressway and North Garfield Street.The Neighborhood Commercial zoning classification, with its emphasis on retail trade andservices, seems an appropriate choice for these three lots located so close to theintersection of major streets. The limitations of Neighborhood Commercial zoning (e.g., fewallowed automotive-related uses, no bars or taverns) also seems an appropriate choice fora 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 CommissionPresentation: A J Fawver, Planning ManagerReviewed by:
  • 204. 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 PENALTYRE: Z 11-05: Sandra and George Rodriguez WHEREAS, the Planning Commission for the City of San Angelo and the governingbody for the City of San Angelo, in compliance with the charter and the state law with referenceto zoning regulations and a zoning map, have given requisite notice by publication andotherwise, and after holding hearings and affording a full and fair hearing to all property ownersand persons interested, generally, and to persons situated in the affected area and in the vicinitythereof, 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 bythe governing body for the City of San Angelo on January 4, 2000 and included within Chapter12 of the Code of Ordinances for the City of San Angelo, be and the same is hereby amendedinsofar as the property hereinafter set forth, and said ordinance generally and the zoning mapshall be amended insofar as the property hereinafter described: Lots 3, 4 and 5 in Block 81 ofthe Hatcher Addition and adjoining the south side of Houston Street, 100-250 feet westfrom North Garfield Street in west central San Angelo, shall henceforth be permanentlyzoned as follows: Neighborhood Commercial (CN) District.The Director of Planning is hereby directed to correct zoning district maps in the office of theDirector of Planning, to reflect the herein described changes in zoning. SECTION 2: That in all other respects, the use of the hereinabove described propertyshall be subject to all applicable regulations contained in Chapter 12 of the Code of Ordinancesfor 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.
  • 205. 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 ANDADOPTED on this the 28th day of June, 2011. THE CITY OF SAN ANGELO by:______________________________________ Alvin New, MayorATTEST:by:_________________________________ Alicia Ramirez, City Clerk
  • 206. City of San AngeloMemo Meeting Date: June 7 2011 To: Mayor and Council members From: Bradley Stone, Principal Planner 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
  • 207. (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
  • 208. CB zoning would be at a more logical location directly on the west bank of the NorthConcho 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; 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 CommissionPresentation: A J Fawver, Planning ManagerReviewed by:
  • 209. 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 PENALTYRE: Z 11-06: San Angelo Planning Commission WHEREAS, the Planning Commission for the City of San Angelo and the governingbody for the City of San Angelo, in compliance with the charter and the state law with referenceto zoning regulations and a zoning map, have given requisite notice by publication andotherwise, and after holding hearings and affording a full and fair hearing to all property ownersand persons interested, generally, and to persons situated in the affected area and in the vicinitythereof, 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 bythe governing body for the City of San Angelo on January 4, 2000 and included within Chapter12 of the Code of Ordinances for the City of San Angelo, be and the same is hereby amendedinsofar as the property hereinafter set forth, and said ordinance generally and the zoning mapshall be amended insofar as the property hereinafter described: an area comprised primarilyof municipal parkland bordering the west bank of the North Concho River in central SanAngelo and described more particularly in attached Exhibit “A” shall henceforth bepermanently zoned as follows: Central Business (CB) District.The Director of Planning is hereby directed to correct zoning district maps in the office of theDirector of Planning, to reflect the herein described changes in zoning. SECTION 2: That in all other respects, the use of the hereinabove described propertyshall be subject to all applicable regulations contained in Chapter 12 of the Code of Ordinancesfor the City of San Angelo, as amended. SECTION 3: That the following severability clause is adopted with this amendment:
  • 210. 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 ANDADOPTED on this the 28th day of June, 2011. THE CITY OF SAN ANGELO by:______________________________________ Alvin New, MayorATTEST:by:_________________________________ Alicia Ramirez, City Clerk
  • 211. EXHIBIT “A”legal description of area bounded by zone change case number Z 11-06, as proposedby 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 theCity Park Subdivision, as said subdivision is shown on a plat recorded on Slide 120 inCabinet E of the Tom Green County Clerk’s Plat Records;THENCE in a generally southwestern direction along the east boundary of said Lot 2, whichcoincides with the west bank of the North Concho River, extending across the width of RioConcho Drive as shown on the recorded plat of the City Park Subdivision; and continuingalong the west bank of the North Concho River, to a point at the intersection of said westbank and a direct southward projection from the west line of right-of-way for South MagdalenStreet;THENCE in a generally northwestern direction along a direct southward projection from theeast line of right-of-way for South Magdalen Street, the same being an east boundary of theexisting Central Business (CB) zoning district in San Angelo, to a point at the intersection ofsuch 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 EastConcho Avenue and, thence, the south line of right-of-way for Rio Concho Drive, to a pointcoinciding with the original southwest corner of Block 1 in Frary’s Addition to San Angelo, assaid Block 1 is shown on the subdivision plat (of Frary’s Addition) that is recorded on Page548 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’sAddition to San Angelo, the same said boundary coinciding with an east boundary of theexisting Central Business (CB) zoning district in San Angelo, to intersection of said boundarywith the current south line of right-of-way for East Twohig Avenue, as said south line isshown on the recorded plat of City Park Subdivision;THENCE in a generally eastward direction along the current south line of right-of-way forEast Twohig Avenue, to the POINT OF BEGINNING.
  • 212. City of San AngeloMemo Meeting Date: June 7 2011 To: Mayor and City Council members From: Bradley Stone, Principal Planner 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 Z 11-07: 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: 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
  • 213. Summary: The Planning Commission recently authorized initiating applications to enlargethe Central Business (CB) zoning district at three different locations on the periphery ofdowntown San Angelo. One of these three proposed CB District enlargements wouldextend CB zoning southward across the North Concho River, to encompass all of thefollowing: • 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), GeneralCommercial/Heavy Commercial (CG/CH) and Light Manufacturing (ML) zoning districts.The subject properties are presently occupied by a mix of institutional (inc. municipal parkand recreation facilities, a fine arts museum) as well as retail, heavy and wholesalecommercial uses. Few manufacturing activities (except for limited craft manufacturing) arebelieved to exist in the area of proposed rezoning, even though most of it now lies within aLight 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 acrossthe 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 hasremained almost constant, though, is the size and extent of the CB or Central Businesszoning district.The CB or Central Business zoning district was originally created to encompass just 19 cityblocks bounded by: College Avenue to the north; North Concho River to the south, Magdalen Street on the east, and
  • 214. 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 zonedresidential) at South Magdalen Street and East Twohig Avenue, in order for the City to sell that building foroccupancy by a social service agency.
  • 215. RecommendationThe Planning Commission and City staff both recommend approving this particularproposed enlargement of Central Business (CB) zoning to include the entire areahighlighted 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 absenceof available off-street parking) common to the area located north of the North ConchoRiver and long having been in the Central Business District.City staff also believes that confining CB zoning to this particular area will minimize somepotential ill effects of CB zoning on nearby properties. This includes the possibility ofspillover on-street parking generated by commercial users not having to furnish automobileparking spaces off the street. Even with CB zoning expanded onto the entire areahighlighted 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) stillseparates 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; 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 CommissionPresentation: A J Fawver, Planning ManagerReviewed by:
  • 216. 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 WHEREAS, the Planning Commission for the City of San Angelo and the governingbody for the City of San Angelo, in compliance with the charter and the state law with referenceto zoning regulations and a zoning map, have given requisite notice by publication andotherwise, and after holding hearings and affording a full and fair hearing to all property ownersand persons interested, generally, and to persons situated in the affected area and in the vicinitythereof, 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 bythe governing body for the City of San Angelo on January 4, 2000 and included within Chapter12 of the Code of Ordinances for the City of San Angelo, be and the same is hereby amendedinsofar as the property hereinafter set forth, and said ordinance generally and the zoning mapshall be amended insofar as the property hereinafter described: an area encompassing all orpart of seven city blocks extending south from the North Concho River between SouthOakes Street (on the east) and one half block west of South Chadbourne Street, beingmore particularly described on attached Exhibit “A”, shall henceforth be permanently zonedas follows: Central Business (CB) District.The Director of Planning is hereby directed to correct zoning district maps in the office of theDirector of Planning, to reflect the herein described changes in zoning. SECTION 2: That in all other respects, the use of the hereinabove described propertyshall be subject to all applicable regulations contained in Chapter 12 of the Code of Ordinancesfor the City of San Angelo, as amended.
  • 217. 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 ANDADOPTED on this the 28th day of June, 2011. THE CITY OF SAN ANGELO by:____________________________________ Alvin New, MayorATTEST:by:_________________________________ Alicia Ramirez, City Clerk
  • 218. EXHIBIT “A”legal description of area bounded by zone change case number Z 11-07, as proposed by thePlanning 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 andthe south bank of the North Concho River;THENCE in a southward direction along the west line of right-of-way for South Oakes Street, pastintersecting rights-of-way for Love Street and East Avenue A, to a point at the intersection of saidwest line of right-of-way for South Oakes Street and the north line of right-of-way for the South OrientRailway;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 SouthChadbourne Street;THENCE in a northward direction along the east line of right-of-way for South Chadbourne Street, toa 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 thesoutheast corner of Block 76 in the Fort Concho Addition to San Angelo, said corner point also beingon 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 Cand 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 ofright-of-way for South Chadbourne Street, across right-of-way for West Avenue B and continuing inthe same northward alignment to a point at the northeast corner of Lot 12 in Block 69 of the FortConcho Addition to San Angelo, said corner point also being on the south line of right-of-way forWest Avenue A;THENCE in an eastward direction along said south line of right-of-way for West Avenue A, at 140feet pass the northeast corner of Lot 13 in Block 69 of the Fort Concho Addition to San Angelo andcontinuing in the same eastward direction across the width of right-of-way for South ChadbourneStreet, to a point at the northwest corner of Block 68 in the Fort Concho Addition, said corner pointalso being at the southeast corner of intersecting rights-of-way for South Chadbourne Street andEast 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 directionalong the west boundary of Block 50 in the Fort Concho Addition to San Angelo, all the way to thesouth bank of the North Concho River;THENCE in a generally northeastern direction along the south bank of the North Concho River, to thePOINT OF BEGINNING.
  • 219. City of San AngeloMemorandumDate: May 9, 2011To: Mayor and CouncilmembersFrom: Carl White, Parks and Recreation DirectorSubject: Agenda Item for June 7, 2011 Council MeetingCaption: Regular Agenda ItemFirst public hearing and introduction of an Ordinance amending Article 5.100, AlcoholicBeverages Regulations and deleting Section 8.119, Unlawful to Carry Alcoholic Beveragesof the City of San Angelo Code of Ordinances as related to the Texas Bank SportsComplex and the 29th Street Recreation Area________________________________________________________________________Summary:The City Council approved on January 19, 2010, a policy that allows for the sale of alcoholby the City’s Concessionaire during adult tournaments and permitted special events. Inaddition, this policy prohibits the consumption of alcohol during any youth league and youthtournament play at the Texas Bank Sports Complex. This policy mirrors that adopted by theRecreation Advisory Board in June of 2009.City staff sought City Council’s direction on a revision to the Code of Ordinance as it appliesto the sale and consumption at the Texas Bank Sports Complex and Rio ConchoCommunity Park at the meeting on February 15, 2011. The proposed revision is based onthis discussion.The proposed ordinance would clarify that alcohol would not be permitted for sale orconsumption inside the fenced in quadrangles (quads 1, 2, 3, and 4) except duringpermitted special events or tournaments. Such permits would not be authorized during anyorganized youth activities at the Texas Bank Sports Complex. In addition, consumption ofalcohol during any youth league or youth tournament play would be prohibited at the TexasBank 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 AlcoholicBeverages into the 29th Street Recreation Area or the Rio Concho Sports Complex, dated1959. For all intents and purposes, this ordinance is obsolete since neither of these sportscomplexes exist, having been replaced by the new Texas Bank Sports Complex and RioConcho Community Park. 1
  • 220. 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 proposedrevisions to the Code of Ordinance, Article 5.100, Alcoholic Beverages Regulations.Attachments: Copy of the minutes from the February 15, 2011 City Councilmeeting, a copy of the current Code of Ordinance, Article 5.100, Alcoholic BeveragesRegulations and a copy of the proposed revised Ordinance.Presentation: Verbal and PowerPoint presentationPublication: N/AReviewed by Assistant City Manager: Rick Weise, City Manager’s Office, May 20, 2011 2
  • 221. Excerpt of the February 15, 2011 City Council minutes:CONSIDERATION OF MATTERS RELATED TO THE CITY CODE OF ORDINANCES, ARTICLE5.100, ALCOHOLIC BEVERAGES REGULATIONS, AS IT PERTAINS TO THE TEXAS BANKSPORTS COMPLEX AND RIO CONCHO COMMUNITY PARKParks and Recreation Director Carl White presented background information. A copy of the presentation ispart of the Permanent Supplemental Record.Motion, to accept changes as proposed by staff, was made by Councilmember Alexander and seconded byCouncilmember Hirschfeld.Chief Vasquez expressed his concern of providing sufficient police response and coverage with associatedcalls 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 byCouncilmember 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. 3
  • 222. Existing Ordinances Related to AlcoholARTICLE 5.100 ALCOHOLIC BEVERAGES REGULATIONS*Sec. 5.101 DefinitionThe terms "alcoholic beverage," "liquor," "beer" and "wine and vinous liquor" as used in thisarticle have the same meanings as the definitions provided in the Texas Alcoholic BeverageCode, Section 1.04, Tex. Codes Ann. (1959 Code of Ordinances, Sec. 5-2-1)Sec. 5.102 License RequiredIt shall be unlawful for any person to manufacture or brew any alcoholic beverage, liquor, beeror wine and vinous liquor for the purpose of sale, or to import into this city, or to distribute, or tosell any alcoholic beverage, liquor, beer, or wine and vinous liquor for the purpose of sale withinthis city without having first obtained the appropriate license from the finance director as hereinprovided, which license shall at all times be displayed in some conspicuous place within thelicensed place of business. (1959 Code of Ordinances, Sec. 5-2-2)Sec. 5.103 License FeesThe finance director is authorized to collect a license fee of one half the state permit fee for eachlicense 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 liquorshall be issued to any dealer where the place of business of any such dealer is within thecorporate limits of the city and is within three hundred feet (300) of any tax supportedelementary or secondary public school. The measurement of the distance between the place ofbusiness where alcoholic beverages are sold and the public school shall be in a direct line fromthe property line of the public school to the property line of the place of business, and in a directline across intersections. Provided, that this section shall not apply to any dealer whose place ofbusiness is within three hundred feet (300) of any tax-supported elementary or secondary publicschool as of the date of the adoption of this article, or to any of their successors. (Ordinanceadopted 5/2/00)Sec. 5.105 Term of LicenseAny license issued under the terms of this article shall be for one year and shall benontransferable, provided, that if the city license of any dealer who is engaged in the sale of beerand of other alcoholic beverages at the time of the adoption of this article does not expire on thesame day as the state and county period as to make the city license terminate on the same day asthe state and county licenses, and in this event only the proportionate part of the fee levied forsuch license shall be collected. The fractional part of any month remaining shall be counted asone month in calculation of the fee that shall be due. (1959 Code of Ordinances, Sec. 5-2-5) 4
  • 223. Sec. 5.106 Hours of Sale*No person who may engage in the sale of beer or other alcoholic beverages within the corporatelimits of the city shall offer for sale or sell any beer other alcoholic beverages within thecorporate limits of the city on Sunday between the hours of two oclock (2:00) a.m. and twelveoclock (12:00) noon and on all other days at any time between the hours of two oclock (2:00)a.m. and seven (7:00) a.m. (1959 Code of Ordinances, Sec. 5-2-6)Sec. 5.107 ReservedSec. 5.108 Proof of ViolationProof of the consumption of beer or other alcoholic beverages between the hours of two fifteenoclock (2:15) a.m. and twelve oclock (12:00) p.m. the following on Sundays or between thehours of two oclock (2:00) a.m. and seven oclock (7:00) a.m. the following on any other day ofthe week in the sale of beer or other alcoholic beverage in the city shall be prima facie evidencethat 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 RevocationThe city council is hereby authorized and empowered to revoke the license of any personengaged in the business or occupation on selling, distributing or disposing of beer or otheralcoholic beverages after giving such person ten (10) days notice of a hearing and after holdingsuch 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 followingconditions:(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 inviolation of the terms of this article or of the Texas Alcoholic Beverage Code, or consumes orpermits any other person to consume beer or other alcoholic beverages on the premises inviolation of the terms of this article or of the Texas Alcoholic Beverage Code.(1959 Code of Ordinances, Sec. 5-2-9)Sec. 5.110 PenaltyAny person who violates any provision of this article shall be guilty of a misdemeanor and uponconviction shall be subject to a fine as provided for in Section 1.106 of this code. Each day ofsuch violation shall constitute a separate offense (Ordinance adopted 5/2/00) 5
  • 224. Sec. 8.119 Unlawful to Carry Alcoholic Beverages into the 29th Street Recreation Area and RioConcho Sports ComplexIt shall be unlawful for any person, firm, company, organization or corporation to carry alcoholicbeverages inside the fenced-in portion of the 29th Street Recreation Area or the Rio Concho SportsComplex. (1959 Code of Ordinances, Sec. 6-1-25) 6
  • 225. 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 andwelfare; and, WHEREAS, municipalities may, under their police powers, enact reasonable regulationsnot 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 ofalcoholic beverages, but the municipality may control City facilities and premises; and, WHEREAS, the City Council approved a policy to allow the sale of alcoholic beveragesby the City’s Concessionaire at the Texas Bank Sports Complex during adult tournaments andpermitted special events only when no youth league or youth tournament play is occurring in thecomplex:BE IT ORDAINED BY THE CITY OF SAN ANGELO:Section 1) THAT, Section 8.119, entitled “Unlawful to Carry Alcoholic Beverages into the29th Street Recreation Area Rio Concho Sports Complex”, of Article 8.100, General Offenses, ofChapter 8, Offenses & Nuisances, of the Code of Ordinances of the City of San Angelo, Texas ishereby repealed:Section 2) That, Chapter 5, Business and Commerce, Article 5.100, Alcoholic BeveragesRegulations, of the Code of Ordinances of the City of San Angelo is amended by adding Section5.107 to read as follows:
  • 226. 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 anyportion of this Ordinance shall be declared to be invalid, the same shall not affect the validity ofthe 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,
  • 227. APPROVED and ADOPTED on this the _____ day of _______________2011. THE CITY OF SAN ANGELO, TEXAS Alvin New, MayorAttest:Alicia Ramirez, City ClerkApproved As to Form: Approved As to Content:Carl White Lysia H. BowlingParks and Recreation Director City Attorney
  • 228. 6/1/2011 City Council Meeting June 7, 2011 Texas Bank Sports ComplexCurrent policy regarding alcohol sales and consumptionat 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 p y g play.City staff recommends the policy be formalized andadopted as ordinance and placed in Article 5.100,Alcoholic Beverages Regulations. 1
  • 229. 6/1/2011 Texas Bank Sports ComplexThe 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 y g youth activities at the Texas Bank Sports p Complex.• 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 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. 2
  • 230. City of San AngeloMemo Date: May 23, 2011 To: Mayor and Councilmembers From: James Flores, Code Compliance Manager Subject: Agenda Item for June 7, 2011 Council Meeting Contact: James Flores /Code Compliance/657-4409 Caption: Regular Item 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 l Page 1
  • 231. Presentation: James Flores, Code Compliance Manager and KSAB chairperson, Joseph GrimesPublication: None.Approved by Area Service Director: Robert Salasl Page 2
  • 232. --------------------------to seeing the art community continue togrow in San Angelo.
  • 233. City of San Angelo Parks & RecreationMemo Date: June 2, 2011 To: Mayor and Councilmembers From: Carl White, Parks and Recreation Director Subject: Agenda Item for June 7, 2011, Council Meeting Contact: Carl White, Parks and Recreation Director, 657-4450 or 234-1724 Caption: Regular Item 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
  • 234. 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/orassigned by City personnel. Refusal or failure to occupy the assigned campsitecould be grounds for removal from the park. No more than 10 people older than10 years of age with no more than 3 motor vehicles may occupy a singlecampsite. Hunting: Blinds and feeders are prohibited, unless they are erected by aCity-contracted vendor or are transported into and off of the property on thesame day. Also, shooting from a motorized vehicle would be prohibited. We willpropose more hunting-related ordinances during Phase III of the lake parkimprovement plan. Housekeeping matters: References to people (the Public Works Director,Lake Rangers, etc.), places (Bob’s Boat Dock, Spring Creek Road, Twin ButtesMarina, etc.) and things (the Lake Board, Lake and Park Police, etc.) that nolonger exist have been struck. Redundancy: We are seeking to eliminate ordinances that are elsewhere inthe code, including those regarding noise, itinerant merchants, code complianceviolations and a Crimestoppers-like reward program.
  • 235.  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 While the lakes are not neighborhoods per se (although there is ample residential development around Nasworthy), this proposal is in keeping with the(if applicable): Neighborhood Vision of establishing appropriate regulations to protect neighborhoods.Other Information/ Staff from the Parks, Operations and Police departments recommends approval ofRecommendation: 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, 2011Presentation: PowerPointPublication: N/AReviewed by Rick Weise, Assistant City Manager, May 23, 2011Director:Approved by Legal: Yes
  • 236. 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.BE IT ORDAINED BY THE CITY OF SAN ANGELO: 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 followingrestated Article 9.100, entitled “Lake Nasworthy-Twin Buttes” is hereby adopted: ARTICLE 9.100 LAKE NASWORTHY-TWIN BUTTESSec. 9.101 Rules and Regulations; ApplicabilityThe following rules and regulations shall govern the use of the waters of Lake Nasworthyand the use of the shore lines thereof and of City owned property adjacent thereto wherespecifically provided. These rules shall also be applicable to the use of the waters and land ofTwin Buttes Reservoir, owned or controlled by the City or other land or waters owned orcontrolled by the City, whether within or outside of the corporate limits of the City of SanAngelo, unless a numbered section, lettered paragraph or a subparagraph is designated asbeing 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 apart of these regulations governing the premises defined under this Article.Sec. 9.102 DefinitionsAnnual Rent. Rent paid annually to the City by lessees for use of real property at LakeNasworthy, also known as annual lease fees.
  • 237. Granting Fees. Fees paid to the City, as grantor or lessor, by grantee(s) or lessee(s) each timea new lease with a new term is executedPremises. The lands and waters referred to under Section 9.101 Article, etitled, Rules andRegulations; Applicability.Transfer Fees. Fees paid to the City each time a lease is transferred from lessee to anotherindividual or entity.Sec. 9.103 Leases - Lake Nasworthy(a) Lots shall be leased in accordance with general guidelines as established by the GeneralLand Use Map adopted by the San Angelo City Council on 11/19/74, and from mapsmaintained 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 aviolation of this article to lease such lots to legal entities or other persons if required byoperation 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
  • 238. 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 asprovided for in the fee schedule set forth inAppendix A, Article 6.000, of the Code ofOrdinances of the City of San Angelo.(e) No structure shall be erected within seventy-five feet (75) measured horizontally of theedge 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 LakeNasworthy and in order to allow lessees sufficient time to prepare for the transition to rentalbased upon appraised market values, all lessees shall be entitled, upon request, to enter a newlease or to amend their current lease, to provide that annual rent will be calculated at the rateof two percent (2%) per year, as further specified in Appendix A, Article 6.000, Section6.100(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 SanAngelo is authorized to sell leased lake property, without notice or the solicitation of bids, tothe person leasing such lake property for the fair market value of the land as determined by acertified appraiser.(b) A Lake Nasworthy residential lot leaseholder who desires to buy his or her lot from theCity of San Angelo may do so under the following conditions: (1) If the leaseholders 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 leaseholders 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.
  • 239. (c) A Lake Nasworthy commercial lot leaseholder, excluding any leaseholder of SpringCreek Marina, who desires to buy his or her lot from the City of San Angelo may do so underthe 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 theCity 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
  • 240. 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 Angeloshall advise the City Council through the City Manager or his designee, and the City Councilshall 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 asdetermined 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 appraisedvalue or whether additional appraisals shall be performed.(h) The City staff shall develop a procedure for the sale of lots based upon City Councilpolicies and this article.(i) Future amendments to the sales process or terms of sale shall not apply to those saleswhich have been completed prior to such amendments.Sec. 9.104 ReservedSec. 9.105 Garbage Collection And Removal*(a) Garbage, refuse, debris and all forms of litter resulting from use of public facilitiesmust be disposed of in containers provided for such purpose at locations designated, orremoved 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.
  • 241. (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 onthe public park properties around Lake Nasworthy and Twin Buttes Reservoir unlessexpressly authorized by the City Manager or his designee.(c) Dogs and Cats: All dogs and cats on the Public Parks properties around LakeNasworthy and Twin Buttes Reservoir are subject to the animal control regulations specifiedin Chapter 3 of this code.(d) Exemption for San Angelo Nature Center. The San Angelo Nature Center shall beexempt 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 harbordomesticated animals or snakes in designated swimming or beach areas at Lake Nasworthyor Twin Buttes Reservoir or in the Lake Nasworthy Park area commonly known asHorseshoe Bend. It shall be unlawful to keep, allow or harbor non-domesticated animals orsnakes 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
  • 242. device on the waters of Lake Nasworthy or Twin Buttes Reservoir that has notfirst been approved by the City Council.(4) Each floating or fixed structure, object, or device on the waters of LakeNasworthy attached to or associated with the use or occupancy of a lake lot incompliance with law and these rules and regulations shall be the responsibility ofthe leaseholder or owner of the lake lot and shall be transferred with a transfer ofthe 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 theremoval of any fixed or floating structure, object, or device that is required to bepermitted 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;
  • 243. 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.