Your SlideShare is downloading. ×
November 6, 2012 Agenda Packet
Upcoming SlideShare
Loading in...5
×

Thanks for flagging this SlideShare!

Oops! An error has occurred.

×

Saving this for later?

Get the SlideShare app to save on your phone or tablet. Read anywhere, anytime - even offline.

Text the download link to your phone

Standard text messaging rates apply

November 6, 2012 Agenda Packet

491
views

Published on


0 Comments
0 Likes
Statistics
Notes
  • Be the first to comment

  • Be the first to like this

No Downloads
Views
Total Views
491
On Slideshare
0
From Embeds
0
Number of Embeds
1
Actions
Shares
0
Downloads
7
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 INCLUDING ADDENDUM AN AGENDA OF A REGULAR MEETING OF THE CITY COUNCIL THE CITY OF SAN ANGELO, TEXAS 9:00 A.M. - Tuesday, November 6, 2012 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 7:00 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. Proclamations “International Education Week 2012 - Striving for a Healthier Future Worldwide”, November 12, 2012 through November 16, 2012, to be accepted by Dr. Sharynn Tomlin, Dr. Sharynn Tomlin, The Nathan and Sylvia Donsky Endowed Chair, Professor of Management, and Executive Director of the Center for International Studies “Concho Christmas Celebration Day”, December 8, 2012, to be accepted by Marilyn Flage and Traci Jordan, representatives from Concho Christmas Celebration D. Public Comment The Council takes public comment on all items in the Regular Agenda. Public input on a Regular Agenda item will be taken at its appropriate discussion. Public input on an item not on the Agenda or Consent Agenda may be identified and requested for consideration by the Council at this time. The Council may request an item to be placed on a future agenda, or for a Consent Agenda item, to be moved to the Regular Agenda for public comment.II. CONSENT AGENDA 1. Consideration of approving the October 16, 2012 City Council Regular meeting minutes 2. Consideration of awarding bid PRO-07-12/Improved Tax Foreclosed Properties - Bid Item #1 to Jean Bundrant and adopting a Resolution authorizing the Mayor to execute Tax Resale Deed conveying the following Tax Lot: a. 12 E 28th Street, (Bundrant), Lot 9, C.L. Cunningham Addition, $13,100, Suit No. C-10-0103-TAX 3. Consideration of adopting a Resolution ratifying its approval of increased service rates for ambulance services effective, October 16, 2012City Council Agenda Page 1 of 6 November 6, 2012
  • 2. 4. Consideration of adopting a Resolution approving the Concho Valley Council of Governments Hazard Mitigation Plan Update 5. Consideration of adopting a Resolution authorizing the City Manager to execute U.S. Department of Transportation Federal Aviation Administration space lease for real property, lease no. DTFACN-13- l-00111 with the United States of America as lessee, of certain property located at 8485 Hangar Road, Angelo Regional Airport – Mathis Field (Airport) 6. Consideration of adopting a Resolution authorizing the City Manager to accept the FY 2012 Emergency Management Performance Grant (EMPG) Program grant award #12 TX-EMPG-0885 in the amount of seventy-eight thousand four hundred ninety-four and 18/100 dollars ($78,494.18) on behalf of the City of San Angelo; and to commit to accept and comply with all the requirements in the grant terms and conditions, and authorizing the City Manager to execute the grant acceptance and other related documents 7. Consideration of accepting San Angelo Health Foundation (SAHF) grant funds for a roof repair program in the amount of $100,000.00 and authorizing the City Manager to execute related documents 8. Second Hearing and consideration of adopting an Ordinance amending the remittance of landfill rates AN ORDINANCE AMENDING APPENDIX A, “FEE SCHEDULE”, ARTICLE 8.000 “UTILITY RELATED FEES”, OF THE CODE OF ORDINANCES, CITY OF SAN ANGELO, TEXAS, AMENDING SECTION 8.1700 “LANDFILL CHARGES”, BY ADDING NEW SUBPARAGRAPHS (e) AND (f), AND RE-DESIGNATING SUBPARAGRAPHS (e), (f) and (g) AS (g), (h) AND (i), TO PROVIDE FOR FEES TO BE REMITTED TO THE CITY FROM THE FLAT RATES FOR MUNICIPAL SOLID WASTE FEES COLLECTED BY LANDFILL OPERATORS, ADJUSTING THE REMITTANCES APPLICABLE FROM NOVEMBER 1, 2012, AND FROM OCTOBER 1, 2013; PROVIDING FOR SEVERABILITY; AND PROVIDING AN EFFECTIVE DATE 9. Second Hearing and consideration of adopting an Ordinance amending Chapter 12, Exhibit “A” (Zoning Ordinance) of the Code of Ordinances, City of San Angelo Z 12-12: Frederick Mueller 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: 3550 Smith Boulevard, located approximately 150 feet south from the intersection of Smith Boulevard and Tractor Trail, more specifically occupying 10.17 Acres from the J. Fenner Survey and 3.38 acres from the J. Pointevent Survey, in northeast San Angelo, changing the zoning classification from Ranch & Estate (R&E) to Heavy Manufacturing (MH) District; PROVIDING FOR SEVERABILITY AND PROVIDING A PENALTY 10. Second Hearing and consideration of adopting an Ordinance amending Chapter 12, Exhibit “A” (Zoning Ordinance) of the Code of Ordinances, City of San Angelo SU 12-02: City of San Angelo Development Corporation AN ORDINANCE AMENDING CHAPTER 12, EXHIBIT “A” OF THE CODE OF ORDINANCES, CITY OF SAN ANGELO, TEXAS, WHICH SAID EXHIBIT “A” OF CHAPTER 12 ADOPTS ZONING REGULATIONS, USE DISTRICTS AND A ZONING MAP, IN ACCORDANCE WITH A COMPREHENSIVE PLAN, BY CHANGING THE ZONING AND CLASSIFICATION OF THE FOLLOWING PROPERTY, TO WIT: 2980 North US Highway 67, located approximately 900 feet south from the intersection of North US Highway 87 and Paulann Boulevard, more specificallyCity Council Agenda Page 2 of 6 November 6, 2012
  • 3. occupying 206.205 Acres, in northeast San Angelo. Allowing a Special Use for a "Major Entertainment Event," more specifically an off-road racing track and related accessory uses as defined in Section 310.E of the Zoning Ordinance, on property in a Light Manufacturing (ML) district; PROVIDING FOR SEVERABILITY AND PROVIDING A PENALTY 11. Second Hearing and consideration of adopting an Ordinance amending Chapter 12, Exhibit “A” (Zoning Ordinance) of the Code of Ordinances, City of San Angelo PD 12-04 COSA Civic Events 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: 1601 Glenna Street, located on the property known as the "Soccer Complex," more specifically occupying approximately 62 acres of land between the city limits boundary and western right-of-way line for Glenna Street in western San Angelo, changing the zoning classification from Single-Family Residential (RS-1) to Planned Development (PD) District; PROVIDING FOR SEVERABILITY AND PROVIDING A PENALTY 12. Second Hearing and consideration of introducing an Ordinance amending the 2012-2013 Budget for grants, new projects and incomplete projects AN ORDINANCE OF THE CITY OF SAN ANGELO AMENDING THE BUDGET FOR THE FISCAL YEAR BEGINNING OCTOBER 1, 2012, AND ENDING SEPTEMBER 30, 2013, FOR NEW PROJECTS, INCOMPLETE PROJECTS, AND GRANTS III. REGULAR AGENDA: F. EXECUTIVE/CLOSED SESSION Executive Session under the provision of Government Code, Title 5. Open Government; Ethics, Subtitle A. Open Government, Chapter 551. Open Meetings, Subchapter D. Exceptions to Requirement that Meetings be Open, Section 551.072 to deliberate the purchase, exchange, lease, or value of real property Executive Session under the provision of Government Code, Title 5. Open Government; Ethics, Subtitle A. Open Government, Chapter 551. Open Meetings, Subchapter D. Exceptions to Requirement that Meetings be Open, Section 551.071(1) to consult with attorney on legal matters pertaining to water acquisition rights; and, Section 551.071(2) to consult with attorney on a matter in which the duty of theAddendum attorney to the governmental body under the Texas Disciplinary Rules of Professional Conduct of the State Bar of Texas clearly conflicts with this chapter on issues related to Code of Ordinance, Chapter 12, Exhibit A, Zoning Ordinance Executive Session under the provision of Government Code, Title 5. Open Government; Ethics, Subtitle A. Open Government, Chapter 551. Open Meetings, Subchapter D. Exceptions to Requirement that Meetings be Open, Section 551.087 to discuss an offer of financial or other incentive to a company or companies with whom the City of San Angelo is conducting economic development negotiations and which the City of San Angelo seeks to have, locate, stay or expand in San Angelo G. PUBLIC HEARING AND COMMENT 13. Presentation by the Aqua Squad Student Group (Presentation by the Student Group and Christy Youker, PhD, Education Director for the Upper Colorado River Authority) 14. Second Public Hearing and consideration of adopting an Ordinance amending Appendix A “Fee Schedule” related to the FY 2012-2013 Budget regarding abandoning of rights-of-ways City Council Agenda Page 3 of 6 November 6, 2012
  • 4. AN ORDINANCE AMENDING APPENDIX A, “FEE SCHEDULE”, ARTICLE 9.000 “PLANNING RELATED FEES”, SECTION 9.500.5 “CONVEYANCE OF PROPERTY INTEREST,” BY RESTATING SAID SECTION TO PROVIDE FOR AN ADMINISTRATIVE PROCESSING FEE IN ADDITION TO THE REQUIRED FEE FOR VALUE ON THE CONVEYANCE OF CITY’S INTEREST IN RIGHTS-OF-WAY (Requested by Councilmember Farmer and presentation by Budget Manager Morgan Trainer) 15. Second Public Hearing and consideration of adopting an Ordinance amending Appendix A “Fee Schedule” related to the FY 2012-2013 Budget regarding planning related fees AN ORDINANCE AMENDING APPENDIX A, “FEE SCHEDULE”, ARTICLE 9.000 “PLANNING RELATED FEES”, OF THE CODE OF ORDINANCES, CITY OF SAN ANGELO, TEXAS, AMENDING SECTION 9.200 “PLANNING AND DEVELOPMENT FEES”, RESTATING SAID SECTION TO CREATE A SINGLE APPLICATION FEE FOR CHANGES OF ZONING CLASSIFICATION BY CREATING AN APPLICATION FEE FOR A SPECIAL USE, BY CREATING AN APPLICATION FEE FOR A CONDITIONAL USE, BY CREATING A FEE FOR ALL APPLICATIONS FOR ZONE CHANGE TO PD DISTRICT, BY PROVIDING FOR ZONE CHANGE SIGN DEPOSIT AND REFUND OF SIGN DEPOSIT, AND BY CREATING A FEE FOR FILING OF AN APPEAL; REPEALING SECTION 9.200.5 “PLANNED DEVELOPMENT FEES; AMENDING SECTION 9.300 “ZONING BOARD APPLICATION FEES”, RESTATING SAID SECTION TO ADJUST THE FEES FOR A REQUEST FOR VARIANCE FROM ZONING REGULATIONS AND THE FEE FOR APPEAL; AMENDING SECTION 9.400 “PRELIMINARY PLATS/FINAL PLATS/REPLATS (EXCEPT ADMINISTRATIVE SUBDIVISIONS)”, RESTATING SAID SECTION TO PROVIDE FEES FOR APPLICATIONS FOR PRELIMINARY PLAT, FINAL PLAT AND REPLAT, AND A SUPPLEMENTAL FEE FOR REPLATS THAT REQUIRE RENOTIFICATION; AMENDING SECTION 9.400.5 “FINAL PLATS/REPLATS OF ADMINISTRATIVE SUBDIVISIONS”, RESTATING SAID SECTION TO PROVIDE FEES FOR APPLICATIONS FOR FINAL AND REPLATS OF ADMINISTRATIVELY ELIGIBLE SUBDIVISIONS, AND SUPPLEMENTAL FEE FOR FINAL PLAT OR REPLAT REQUIRING NOTIFICATION; AMENDING SECTION 9.500 “MISCELLANEOUS PLANNING FEES”, RESTATING SAID SECTION TO UPDATE FEES FOR MISCELLANEOUS REQUESTS; PROVIDING FOR SEVERABILITY; AND PROVIDING AN EFFECTIVE DATE (Requested by Councilmember Farmer and presentation by Budget Manager Morgan Trainer) 16. Presentation and update on the following water related issues and any action in connection thereto: a. Hickory Water Supply Project b. Water quality report c. Public communication regarding water issues (Presentation by Water Utilities Director Will Wilde, Carollo Representatives, and Public Information Officer Anthony Wilson) 17. First Public Hearing and consideration of introducing an Ordinance authorizing abandonment of public right-of-way in Miller J A Subdivision & F T Addition, Block 49 in central San Angelo AN ORDINANCE PROVIDING FOR THE ABANDONMENT AND CLOSING OF THE FOLLOWING STREET SEGMENT, TO WIT: A 20 x 140 segment running north to south between Lots 1-5 and Lot 6 in Block 49 of the Beaver F T Addition and Miller J A Subdivision, in central San Angelo; AUTHORIZING THE CONVEYANCE THEREOF TO THE ABUTTING PROPERTY OWNERS; PROVIDING FOR THE TERMS AND CONDITIONS OF ABANDONMENT AND CONVEYANCE; AND PROVIDING FOR THE MAYOR TO EXECUTE AND DELIVER A QUIT CLAIM DEED TO THE ABUTTING PROPERTY OWNERS (Presentation by Planning Manager AJ Fawver)City Council Agenda Page 4 of 6 November 6, 2012
  • 5. 18. Consideration of matters related to the TXDOT and Federal Highway Administration Transportation Enhancement Grant program: a. Consideration of a Tax Increment Reinvestment Zone Board (TIRZ) recommendation to approve the expenditure of $17,500.00 from the TIRZ fund split equally between the North and South TIRZ funds to hire The Goodman Corporation to prepare and submit an application to TXDOT and the Federal Highway Administration for a grant; and b. Consideration of adopting a Resolution authorizing the filing of applications with the Texas Department of Transportation for federal transportation assistance in the amount of $1.1 million with a 20% matching fund requirement of up to $235,000.00 over a five year period under the Transportation Enhancement Grant program, authorized by Title 43, Part 1, Chapter 11, Subchapter E of the Texas Administrative Code, and other state and federal statutes administered by the Texas Department of Transportation (Presentation by Community and Economic Development Director Shawn Lewis) 19. First Public Hearing and consideration of introducing an Ordinance re-establishing night time curfew hours for minors and related matters AN ORDINANCE READOPTING CHAPTER 8, ENTITLED "OFFENSES AND NUISANCES," ARTICLE 8.800, ENTITLED "CURFEW HOURS FOR MINORS,” SECTIONS 8.801 THROUGH 8.807 OF THE CODE OF ORDINANCES OF THE CITY OF SAN ANGELO; DEFINING TERMS; CREATING OFFENSES FOR MINORS, PARENTS AND GUARDIANS OF MINORS AND BUSINESS ESTABLISHMENTS VIOLATING CURFEW REGULATIONS; PROVIDING DEFENSES; PROVIDING FOR ENFORCEMENT BY THE POLICE DEPARTMENT; PROVIDING FOR REVIEW OF THIS ORDINANCE WITHIN THREE (3) YEARS AFTER THE DATE OF ADOPTION; PROVIDING A PENALTY; PROVIDING A SEVERABILITY CLAUSE; AND PROVIDING AN EFFECTIVE DATE (Presentation by Police Chief Tim Vasquez) 20. Public Hearing and consideration of adopting an Ordinance authorizing the issuance of General Obligation Refunding Bonds; establishing procedures and delegating authority for the sale and delivery of the bonds; providing for the security and payment of said bonds; providing an effective date; and enacting other provisions relating to the subject (Presentation by Assistant City Manager/Chief Financial Officer Michael Dane) 21. Discussion and consideration of offering dental insurance to retirees and their dependents (Presentation by Human Resources Director Lisa Marley) 22. Discussion and consideration of issuing rebates of Water Fees and any action related thereto (Presentation by Morgan Trainer, Budget Manager) 23. Discussion and possible action to set the reconsideration of the City of San Angelo’s participation in the National League of Cities (NLC) Service Line Warranty Program and any action in connection thereto (Requested by Councilmember Adams) H. FOLLOW UP AND ADMINISTRATIVE ISSUES 24. Consideration of matters discussed in Executive/Closed Session, if needed 25. Announcements and consideration of Future Agenda ItemsCity Council Agenda Page 5 of 6 November 6, 2012
  • 6. 26. Consideration of and possible changes to November 2012, December 2012, and January 2013 City Council meeting dates: Regularly scheduled meetings on Tuesdays, November 20th, December 4th, December 18th, and January 1st 27. Adjournment Given by order of the City Council and posted in accordance with Title 5, Texas Government Code, Chapter 551, Tuesday, October 30, 2012, at 5:00 P.M. /x/________________________ Alicia Ramirez, City ClerkCity Council Agenda Page 6 of 6 November 6, 2012
  • 7. PROCLAMATIONWHEREAS, The Eighteenth Annual City of San Angelo Concho Christmas Celebration with over 3 million lights is one of the largest Christmas lighting displays in the state; and,WHEREAS, The display offers a two and one-half mile walking or driving tour beginning behind the Main Post Office on the corner of Abe Street and First Street and ending at El Paseo de Santa Angela; and,WHEREAS, Those involved consist of hundreds of volunteers, including offenders from the Department of Corrections who assist with installation of Christmas scenes and hang lights, the San Angelo Restaurant Association who supply food to the inmates, R.S.V.P. who deliver inmates’ food, members of the San Angelo Artist’s Society who prepare the giant Christmas Cards; and,WHEREAS, The Community Christmas Tree Lighting Ceremony will be held Saturday, December 8th of 2012, at 5:30 p.m. at the corner of South Chadbourne and West Concho Avenue, activities will include the San Angelo Community Band conducted by Dr. Daniel McCloud of Angelo State University, the Harmony Belles Chorus directed by Libby Cammack, and the Twin Mountain Tonesmen directed by Mark Clark; and,WHEREAS, The Community Tree lighting will be followed by the 11th annual Lights of Christmas Parade, at 6:00 p.m. which may be viewed on 2nd Street between Oakes & Chadbourne, on Chadbourne between 2nd Street & Concho, on Concho between Chadbourne & Oakes, on Oakes back to 2nd Street; and,WHEREAS, The Tour of Lights can be seen Sunday through Thursday from 6:00 - 10:00 p.m., and each Friday and Saturday from 6:00 p.m. - midnight, December 7th through December 31st, 2012.NOW, THEREFORE, I, Alvin New, Mayor of the City of San Angelo, Texas, on behalf of the CityCouncil, do hereby declare Saturday, December 8th of 2012, as “CONCHO CHRISTMAS CELEBRATION DAY”and encourage citizens to join the activities and view the magnificent display that has become atreasured community event. IN WITNESS WHEREOF, I have hereunto set my hand and caused the Seal of the City to be affixed this 6th day of November, 2012.
  • 8. THE CITY OF SAN ANGELO_______________________________ ALVIN NEW, MAYOR
  • 9. PROCLAMATIONWHEREAS, International Education Week is a joint initiative of the U.S. Department of Education and the U.S. Department of State; it celebrates the importance and benefits of international education in the United States and around the world; andWHEREAS, President Obama has stated, “All of us share this world for but a brief moment in time. The question is whether we spend that time focused on what pushes us apart, or whether we commit ourselves to an effort -- a sustained effort -- to find common ground, to focus on the future we seek for our children, and to respect the dignity of all human beings”; andWHEREAS, We are reminded that the challenges we face today are increasingly borderless; climate change, the environment, and the economy are but some of the issues that affect our daily lives and demand our attention on a global scale; and finding sustainable solutions is imperative and will require an unprecedented level of international cooperation; andWHEREAS, A complete education in the 21st century must teach our children about their interdependent world, and it must prepare them to be good leaders and good global citizens; andWHEREAS, International awareness and knowledge can help our children build the skills needed to communicate and cooperate with those from other nations and other cultures. And as they participate in international education and international exchange, our students can gain the knowledge and experiences to help them contribute to a sustainable future for all.NOW, THEREFORE, I, Alvin New, Mayor of the City of San Angelo, Texas, on behalf of the CityCouncil, do hereby proclaim the week of November 12 – 16, 2012 as “INTERNATIONAL EDUCATION WEEK 2012 - STRIVING FOR A HEALTHIER FUTURE WORLDWIDE”as a chance to embrace the uniqueness of nations around the world as well as our similarities—to betterunderstand how to work together and strongly urge everyone to join the Angelo State UniversityInternational Studies Program in celebrating international education and international exchange. IN WITNESS WHEREOF, I have hereunto set my hand and caused the Seal of the City to be affixed this 16th day of October, 2012. THE CITY OF SAN ANGELO
  • 10. ___________________________ALVIN NEW, MAYOR
  • 11. CITY COUNCIL MINUTE RECORDThe City of San Angelo Page 1Tuesday, October 16, 2012 Vol. 104 OPEN SESSIONBE IT REMEMBERED City Council convened in a regular meeting at 9:09 A.M., Tuesday, October 16, 2012,in the San Angelo McNease Convention Center, 500 Rio Concho Drive, San Angelo, Texas. All dulyauthorized members of the Council, to-wit: Mayor, Alvin New Councilmember Paul Alexander Councilmember Dwain Morrison Councilmember Johnny Silvas Councilmember Fredd B. Adams, II Councilmember Kendall Hirschfeld Councilmember Charlotte Farmerwere present and acting, thus constituting a quorum. Whereupon, the following business was transacted:An invocation was given by Harold Watkins of the Freedom Fellowship and pledge was led by JoshuaAnderson, 4th Grader at Cornerstone Christian School.PROCLAMATION“National Medical Assistants’ Week”, October 15, 2012 through October 19, 2012, was accepted by NikkiLambert, Medical Assisting Externship Coordinator and Career Services Coordinator.PUBLIC COMMENTParks & Recreation Director Carl White introduced Angelica Pena, the newly appointed Civic Events Manager.Public comments were made by Citizen Louisa Maria Torres regarding teen and unplanned pregnancy in SanAngelo and questioned the efforts by the City to prevent adolescent pregnancy.Councilmember Alexander commented on complaints by citizens regarding issues with their water billingstatement and questioned whether the meters were functioning properly and billing calculated properly. CityManager Valenzuela stated he is currently working with Councilmember Hirschfeld and staff to resolve theissue.Public comments were made by Doug Knowles, of Century Park addition, regarding his water bill, issues withthe customer service, and discourteous treatment experienced by staff members.CONSENT AGENDAAPPROVAL OF CITY COUNCIL MEETING MINUTES FOR SEPTEMBER 27, 2012 AND OCTOBER 5,2012AWARD OF BID VM-08-12: LIGHT DUTY VEHICLES TO JIM BASS FORD (SAN ANGELO, TX) NOTTO EXCEED $450,000.00 AND AUTHORIZATION FOR THE CITY MANAGER TO EXECUTE ANYNECESSARY RELATED DOCUMENTSAWARD OF BID WU-10-12 FOR THE RED BLUFF SEWER AND LIFT STATION PROJECT TODARNELL CONSTRUCTION, INC. (SAN ANGELO, TX) IN AN AMOUNT NOT TO EXCEED$3,304,867.67, AND AUTHORIZATION FOR THE CITY MANAGER TO EXECUTE THE CONTRACT INSUBSTANTIALLY THE ATTACHED FORM AND ANY RELATED DOCUMENTS
  • 12. Page 2 MinutesVol. 104 October 16, 2012CONSIDERATION OF AUTHORIZING THE PURCHASE OF WALL SYSTEMS, FURNITURE, FILINGAND STORAGE SYSTEM, AND EQUIPMENT FOR CITY HALL IN THE AMOUNT OF $100,659.68FROM WEST OFFICE INTERIORS (TXMAS CONTRACT PRICING) (Discussed in Regular Agenda)AUTHORIZATION FOR THE SALE OF THE FOLLOWING PROPERTIES FOR THE APPRAISEDVALUE AND AUTHORIZATION FOR THE MAYOR, CITY MANAGER, OR WATER UTILITIESDIRECTOR TO EXECUTE ALL NECESSARY LEGAL DOCUMENTS PERTAINING TO THE SALE OFSUBJECT PROPERTIES, SUBJECT TO COMPLETION OF ALL CURATIVE REQUIREMENTS:· 1806 S. Concho Drive (Stanley), $116,037.00· 1866 S. Concho Drive (Adams), $139,745.00· 1606 Shady Point Circle Drive (Caldwell), $27,327.00· 2536 Sleepy Hollow Road (Blevins), $110,279.00· 2029 American Legion Road (Simpson), $118,593.00APPROVAL OF SPECIAL RECREATIONAL LEASE RENEWALS WITH THE FOLLOWINGLEASEHOLDERS FOR A PERIOD OF FIVE (5) YEARS BEGINNING JANUARY 1, 2013 AND ENDINGDECEMBER 31, 2017 AND AUTHORIZATION FOR THE WATER UTILITIES DIRECTOR TOEXECUTE THE SAME:· R. M. Minton Boathouse· Concho Bass Club· Christine Pappas· Concho Valley Archery Association· Concho Boat ClubADOPTION OF RESOLUTIONS AUTHORIZING THE MAYOR TO EXECUTE TAX RESALE DEEDSFOR THE FOLLOWING TAX LOT(S):· 37 W 21st Street, (Garcia - Galindo), Lot 2, Block 37, Lasker Addition, $1,400.00, Suit No. B-05-0070-T (Page 15, #2012-10-138)· 330 & 322 S Baze Street, (Dermish), Lots 3 & 4, Block “B”, Spencer Addition, $1,750.00, Suit No. B-06- 0207-T (Page 17, #2012-10-139)APPROVAL OF APPOINTING DR. STEPHEN SEIFERT AS THE HEALTH AUTHORITY FOR THECITY OF SAN ANGELO AND AUTHORIZATION FOR THE CITY MANAGER TO EXECUTE THEPROFESSIONAL SERVICES AGREEMENT BETWEEN THE CITY AND DR. SEIFERT TO PERFORMTHE DUTIES AS PRESCRIBED BY LAW IN THE AMOUNT OF $24,000.00 PER YEARADOPTION OF A RESOLUTION ACCEPTING A WIC GRANT FOR THE SIX MONTHS FROMOCTOBER 1, 2012 THROUGH MARCH 31, 2013, INCLUDING THAT THE CITY OF SAN ANGELOPROVIDE CERTAIN SERVICES FOR THE WIC PROGRAM; AUTHORIZATION FOR THE CITYMANAGER OR HIS DESIGNEE TO EXECUTE A CONTRACT IN SUBSTANTIALLY THE ATTACHEDFORM THEREFORE WITH THE TEXAS DEPARTMENT OF STATE HEALTH SERVICES, FOR ANAWARD OF $421,311.00, FOR THE FIRST SIX MONTHS OF THE FISCAL YEAR; AUTHORIZATIONFOR THE CITY MANAGER OR HIS DESIGNEE TO NEGOTIATE AND EXECUTE SUCH OTHERCONTRACTS OR ADDENDUMS FOR GRANT FUNDING FOR THE BALANCE OF THE FISCALYEAR, AND ANY RELATED DOCUMENTS (Page 19, #2012-10-140)ADOPTION OF A RESOLUTION AUTHORIZING THE CITY MANAGER OR HIS DESIGNEE TOEXECUTE AN AMENDMENT TO LEASE AGREEMENT WITH SHANNON HEALTH SYSTEMS FORTHE HEALTH DEPARTMENT NURSING DIVISION OFFICE SPACE AT 2030 PULLIAM, FROM SUITE8 TO SUITE 9 (Page 21, #2012-10-141)
  • 13. Minutes Page 3October 16, 2012 Vol. 104ADOPTION OF A RESOLUTION RATIFYING THE APPLICATION AND CONTRACT FOR, ANDACCEPTING ADDITIONAL FY2013 TEXAS DEPARTMENT OF STATE HEALTH SERVICES,REGIONAL LOCAL SERVICES SYSTEM (RLSS)/LOCAL PUBLIC HEALTH SERVICES (LPHS) GRANTFUNDS IN THE AMOUNT OF $20,000.00, TO ADDRESS PUBLIC HEALTH IMMUNIZATION ANDDISEASE PREVENTION ACTIVITIES AND SERVICES (Page 23, #2012-10-142)ADOPTION OF A RESOLUTION AUTHORIZING THE CITY MANAGER TO EXECUTE A THE FIRSTAMENDMENT TO NEIGHBORHOOD STABILIZATION PROGRAM (NSP) DEVELOPER AGREEMENTWITH GALILEE COMMUNITY DEVELOPMENT CORPORATION (GCDC) AMENDING THE SCOPEOF THE CONTRACT AND CORRESPONDING PROVISIONS RELATING TO PAYMENT, ANDPROVIDING FOR A DEVELOPER FEE (Page 25, #2012-10-143)CONSIDERATION OF AUTHORIZING THE CITY MANAGER TO EXECUTE A THIRD AMENDMENTTO ENGINEERING SERVICES AGREEMENT IN SUBSTANTIALLY THE ATTACHED FORMBETWEEN THE CITY OF SAN ANGELO AND CAROLLO ENGINEERS, INC. FOR ENGINEERINGSERVICES ASSOCIATED WITH THE INSTALLATION OF ADDITIONAL WELLS ASSOCIATED WITHTHE HICKORY WATER SUPPLY PROJECT IN THE AMOUNT OF $2,885,000.00 (Discussed in RegularAgenda)Councilmember Alexander recused himself from voting on the Consent Agenda, specifically regarding thespecial recreational lease renewal items.Councilmembers Morrison and Hirschfeld requested items regarding the City Hall furniture purchase andCarollo Engineers, Inc. contract be considered in the Regular Agenda. Council concurred.Motion, to approve the Consent Agenda, as presented, with the exception of the City Hall furniture purchaseand Carollo Engineering, Inc. items, was made by Councilmember Adams and seconded by CouncilmemberSilvas. Motion carried unanimously.REGULAR AGENDA: PUBLIC HEARING AND COMMENTAUTHORIZATION FOR THE PURCHASE OF WALL SYSTEMS, FURNITURE, FILING AND STORAGESYSTEM, AND EQUIPMENT FOR CITY HALL IN THE AMOUNT OF $100,659.68 FROM WESTOFFICE INTERIORS (TXMAS CONTRACT PRICING)Councilmember Morrison expressed his concerns of the additional expenditure required for office furniture atCity Hall and recalled the meeting when staff presented the item.Assistant City Manager/Chief Financial Officer Michael Dane explained City Council approved the purchasefor general fund departments and had understood the other departments with their own funding sources wouldpurchase furniture for their offices within City Hall and Community Development Departments.General discussion was held and concerns expressed regarding the approval of the furniture purchase, the City’spurchasing policy, a department director’s authority to make purchases over $50K when such actions arerequired by policy to be reviewed and approved by City Council, and directive to staff to implementpreventative measures to ensure the proper procedures are followed.Councilmember Silvas suggested former Assistant City Manager Elizabeth Grindstaff clarify the furniturebudget approved of $200K. Ms. Grindstaff remarked the scope grew out of the balance funds remaining fromthe project budget and another staff member was working with departments on the office furniture purchase.Motion, to approve the purchase, with the understanding the City Manager will follow up on the purchase andrelated procedure, was made by Councilmember Adams and seconded by Councilmember Hirschfeld.Further concerns were expressed noting dissatisfaction with the process, the integrity issues among staff, theobligation to pay the vendor, and the responsibility of such action to the voters.
  • 14. Page 4 MinutesVol. 104 October 16, 2012Mayor directed the City Manager to find savings within the Water Utilities’s budget to make up for theunauthorized expenditure. Council concurred.A vote was taken on the motion on the floor. AYE: New, Alexander, Silvas, Adams, Hirschfeld, and Farmer.NAY: Morrison. Motion carried 6-1.Public comment was made by Citizen Louisa Maria Torres.AUTHORIZATION FOR THE CITY MANAGER TO EXECUTE A THIRD AMENDMENT TOENGINEERING SERVICES AGREEMENT IN SUBSTANTIALLY THE ATTACHED FORM BETWEENTHE CITY OF SAN ANGELO AND CAROLLO ENGINEERS, INC. FOR ENGINEERING SERVICESASSOCIATED WITH THE INSTALLATION OF ADDITIONAL WELLS ASSOCIATED WITH THEHICKORY WATER SUPPLY PROJECT IN THE AMOUNT OF $2,885,000.00Responding to Councilmember Hirschfeld suggestion, Water Utilities Director Will Wilde presented anobligation schedule prepared by Carollo to include as an exhibit of the contract.Motion, to accept the agreement, to include the obligation schedule as an exhibit to the contract, was made byCouncilmember Hirschfeld and seconded by Councilmember Farmer.General discussion was held on the project completion date. Mr. Wilde informed staff will continue to provideperiodic updates throughout the project.UPDATE AND PRESENTATION ON THE PORTS-TO-PLAINS TRADE CORRIDOR COALITIONCouncilmembers Morrison and Farmer and Vice President of Sales and Marketing for Texas-PacificoTransportation Elizabeth Grindstaff presented background information. A copy of the presentation is part of thePermanent Supplemental Minute record.Councilmember Farmer provided an update on the financial standing of the group and the importance ofparticipating in this coalition. She referred to a resource book and requested such be made available to thepublic for review. Ms. Farmer suggested the City Manager consider appointing a staff member to the coalitiondue to Ms. Grindstaff’s departure from the City. Mayor New informed Tom Green County representatives haverequested participation in the coalition.Public comment was made by Citizen Louisa Maria Torres.RECESSAt 10:46 A.P.M., Mayor New called a recess.RECONVENEAt 10:59 A.P.M., Council reconvened, and the following business was transacted:FIRST PUBLIC HEARING AND INTRODUCTION OF AN ORDINANCE AMENDING CHAPTER 12,EXHIBIT “A” (ZONING ORDINANCE) OF THE CODE OF ORDINANCES, CITY OF SAN ANGELOZ 12-12: Frederick MuellerAN 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: 3550 Smith Boulevard, located approximately 150 feet south from theintersection of Smith Boulevard and Tractor Trail, more specifically occupying 10.17 Acres from the J. FennerSurvey and 3.38 acres from the J. Pointevent Survey, in northeast San Angelo, changing the zoning
  • 15. Minutes Page 5October 16, 2012 Vol. 104classification from Ranch & Estate (R&E) to Heavy Manufacturing (MH) District; PROVIDING FORSEVERABILITY AND PROVIDING A PENALTYPlanning Manager AJ Fawver presented background information. A copy of the presentation is part of thePermanent Supplemental Minute record.Motion, to introduce the Ordinance, as presented, was made by Councilmember Hirschfeld and seconded byCouncilmember Adams. Motion carried unanimously.DENIAL OF AN APPEAL OF THE PLANNING COMMISSIONS DECISION TO DENY CASE NUMBERZ12-11, REQUESTING APPROVAL OF ZONE CHANGE FROM TWO FAMILY RESIDENTIAL (RS-2)TO NEIGHBORHOOD COMMERCIAL (CN), SPECIFICALLY AT 1612 HILL STREET, ON THESOUTHEAST CORNER OF THE INTERSECTION OF WEST AVENUE L AND HILL STREET, MORESPECIFICALLY OCCUPYING THE FORT CONCHO ADDITION, BLOCK 115, LOT 1 IN CENTRALSAN ANGELOPlanning Manager AJ Fawver presented background information. A copy of the presentation is part of thePermanent Supplemental Minute record.Motion, to deny the appeal of the Planning Commissions decision to deny Case Number Z12-11, asrecommended, was made by Councilmember Adams and seconded by Councilmember Alexander.Public comments were made by Proponent David Jacobo.General discussion was held on the proposed improvements to the neighborhood outlined in the proposal.A vote was taken on the motion on the floor. AYE: New, Adams, Hirschfeld, and Farmer. NAY: Alexander,Morrison, and Silvas. Motion carried 4-3.FIRST PUBLIC HEARING AND INTRODUCTION AN ORDINANCE AMENDING CHAPTER 12,EXHIBIT “A” (ZONING ORDINANCE) OF THE CODE OF ORDINANCES, CITY OF SAN ANGELOSU 12-02: City of San Angelo Development CorporationAN 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: 2980 North US Highway 67, located approximately 900 feet south fromthe intersection of North US Highway 87 and Paulann Boulevard, more specifically occupying 206.205 Acres,in northeast San Angelo. Allowing a Special Use for a "Major Entertainment Event," more specifically an off-road racing track and related accessory uses as defined in Section 310.E of the Zoning Ordinance, on property ina Light Manufacturing (ML) district; PROVIDING FOR SEVERABILITY AND PROVIDING A PENALTYPlanning Manager AJ Fawver presented background information. A copy of the presentation is part of thePermanent Supplemental Minute record.Motion, to introduce the Ordinance, as presented, was made by Councilmember Morrison and seconded byCouncilmember Hirschfeld.Public comments were made by David Knowles, Owner of Angelo Archives, opposing the proposal andcommenting on the road construction and type of material recommended for the roadway, and future waterneeds requested by the proponent.Assistant City Manager Rick Weise responded Fire Chief Brian Dunn has reviewed and cleared the roadwayconstruction site plan, informed the Development Review Commission has also approved a special use permitfor the construction material of the road, and also remarked the Stormwater Engineer has reviewed and cleared
  • 16. Page 6 MinutesVol. 104 October 16, 2012the site plan as well as the drilling of water wells. Mr. Weise noted detailed contract negotiations have yet to bedecided and specific concerns will be addressed during the contract negotiations.Councilmember Morrison withdrew his motion and Hirschfeld his second.Responding to a question from Mr. Knowles, staff informed Mr. Knowles he too could utilize crushed concretefor the base material for his renovation and expansion project.City Engineer Clinton Bailey clarified the stability of the crushed concrete for the roadway and commented onthe detention pond in relation to the Storm Water Management Project.Chief Dunn confirmed the emergency safety issues have been addressed specifically commenting on structuralrecovery versus non-structural recovery.General discussion was held on whether to allow drilling a water well on the proposed site, construction of theroad and whether the proponent should be held to the same construction standard requirements, water and sewerconnections, utilizing city water opposed to drilling a well, storing water within the detention pond, and theamount of water required to sustain the track.Motion, to approve the Special Use Permit and direct staff to present further findings at a future meeting, wasmade by Councilmember Adams and seconded by Councilmember Hirschfeld. Motion carried unanimously.ADOPTION OF A RESOLUTION AUTHORIZING THE CITY MANAGER TO EXECUTE AREVOCABLE LICENSE AGREEMENT FOR AWNING (“AGREEMENT”), IN SUBSTANTIALLY THEATTACHED FORM, BETWEEN CITY OF SAN ANGELO, TEXAS (“CITY”) AND JUAN MELENDEZAND CECILIA MELENDEZ, D/B/A KANDI LAND (“LICENSEES”) FOR CONSTRUCTING ANDMAINTAINING AN AWNING AT 71 & 75 EAST AVENUE K AND SUCH OTHER INSTRUMENTS ASMAY BE NECESSARY OR CONVENIENT FOR CARRYING OUT SUCH PURPOSES; AND, FINDING APUBLIC PURPOSE AND BENEFIT THEREIN (Page 27, #2012-10-144)Planning Manager AJ Fawver presented background information. A copy of the presentation is part of thePermanent Supplemental Minute record.Motion, to adopt the Resolution, as presented, was made by Councilmember Hirschfeld and seconded byCouncilmember Silvas. Motion carried unanimously.DIRECTION AND AUTHORIZATION TO PROCEED ON MATTERS RELATED TO THEREFINANCING OF THE CITY OF SAN ANGELO, TEXAS, COMBINATION TAX AND LIMITEDSURPLUS REVENUE CERTIFICATES OF OBLIGATION, SERIES 2005, FOR HALF CENT SALES TAXPROJECTSAssistant City Manager/Chief Financial Officer Michael Dane and Vince Vialle of Specialized Public Finance,Inc. presented background information. A copy of the presentation is part of the Permanent SupplementalMinute record.Motion, to authorize staff to move forward with the refinancing of the COs, as presented, was made byCouncilmember Morrison and seconded by Councilmember Adams.General discussion was held on the timeline for this process.A vote was taken on the motion on the floor. Motion carried unanimously.RECESSAt 12:04 A.P.M., Mayor New called a recess.EXECUTIVE/CLOSED SESSIONAt 12:48 P.M., Council convened in Executive Session under the provision of Government Code, Title 5.
  • 17. Minutes Page 7October 16, 2012 Vol. 104Open Government; Ethics, Subtitle A. Open Government, Chapter 551. Open Meetings, Subchapter D.Exceptions to Requirement that Meetings be Open, Section 551.072 to deliberate the purchase, exchange,lease, or value of real property; Section 551.071(1) to consult with attorney on legal matters pertaining towater acquisition rights and Section 551.071(2) to consult with attorney on a matter in which the duty of theattorney to the governmental body under the Texas Disciplinary Rules of Professional Conduct of the StateBar of Texas clearly conflicts with this chapter on issues related to emergency management procedures; and,Section 551.087 to discuss an offer of financial or other incentive to a company or companies with whomthe City of San Angelo is conducting economic development negotiations and which the City of San Angeloseeks to have, locate, stay or expand in San Angelo.OPEN SESSION (continued)At 1:56 P.M. City Council concluded the Executive/Closed Session whereupon the following business wastransacted:RECESSAt 1:56 P.M., Mayor New called a recess.RECONVENEAt 2:16 P.M., Council reconvened, and the following business was transacted:CONSIDERATION OF MATTERS RELATED TO THE 2012 PARKS, RECREATION AND OPEN SPACEMASTER PLAN:· ADOPTION OF THE 2012 PARKS, RECREATION AND OPEN SPACE MASTER PLAN Parks and Recreation Director Carl White and Lauren Schrum of Texas Outdoors Consulting presented background information. A copy of the presentation is part of the Permanent Supplemental Minute record. General discussion held on the park areas near Knickerbocker Road and campfire rings within the parks. Mr. White further explained the plan will be used as a guide. Motion, to adopt the Master Plan, as presented, was made by Councilmember Hirschfeld and seconded by Councilmember Farmer. Motion carried unanimously.· ADOPTION OF A RESOLUTION AUTHORIZING THE CITY MANAGER TO APPLY FOR A TEXAS PARKS AND WILDLIFE STATE BOATING ACCESS PROGRAM SEVENTY-FIVE PERCENT MATCHING FUND REIMBURSEMENT GRANT THAT WILL REQUIRE TWENTY-FIVE PERCENT MATCHING FUNDS FOR THE CONSTRUCTION AND RENOVATION OF BOAT RAMPS AND RELATED FACILITIES AT LAKE NASWORTHY; AND, PROVIDING AN EFFECTIVE DATE (PAGE 31, #2012-10-145) Parks and Recreation Director Carl White presented background information. A copy of the presentation is part of the Permanent Supplemental Minute record. Public comments were made by Tad Logan, President of Lake Nasworthy Home Owner’s Association, and Citizen Lee Bale. Motion, to adopt the Resolution to utilize grant funding for the Middle Concho Park project, as presented, was made by Councilmember Adams and seconded by Councilmember Hirschfeld. General discussion was held on the installation of restroom facilities and other basic improvements at South Concho Park, suggestions to make incremental improvements utilizing City funds, and utilizing grant funds for Middle Concho Park. A vote was taken on the motion on the floor. Motion carried unanimously.
  • 18. Page 8 MinutesVol. 104 October 16, 2012POSTPONEMENT OF SECOND PUBLIC HEARING AND CONSIDERATION OF ADOPTING ANORDINANCE AMENDING APPENDIX A “FEE SCHEDULE” RELATED TO THE FY 2012-2013BUDGET REGARDING ABANDONING OF RIGHTS-OF-WAYSAN ORDINANCE AMENDING APPENDIX A, “FEE SCHEDULE”, ARTICLE 9.000 “PLANNINGRELATED FEES”, SECTION 9.500.5 “CONVEYANCE OF PROPERTY INTEREST,” BY RESTATINGSAID SECTION TO PROVIDE FOR AN ADMINISTRATIVE PROCESSING FEE IN ADDITION TO THEREQUIRED FEE FOR VALUE ON THE CONVEYANCE OF CITY’S INTEREST IN RIGHTS-OF-WAYCouncilmember Farmer suggested postponing the item. Council concurred.POSTPONEMENT OF SECOND PUBLIC HEARING AND CONSIDERATION OF ADOPTING ANORDINANCE AMENDING APPENDIX A “FEE SCHEDULE” RELATED TO THE FY 2012-2013BUDGET REGARDING PLANNING RELATED FEESAN ORDINANCE AMENDING APPENDIX A, “FEE SCHEDULE”, ARTICLE 9.000 “PLANNING RELATEDFEES”, OF THE CODE OF ORDINANCES, CITY OF SAN ANGELO, TEXAS, AMENDING SECTION 9.200“PLANNING AND DEVELOPMENT FEES”, RESTATING SAID SECTION TO CREATE A SINGLEAPPLICATION FEE FOR CHANGES OF ZONING CLASSIFICATION BY CREATING AN APPLICATIONFEE FOR A SPECIAL USE, BY CREATING AN APPLICATION FEE FOR A CONDITIONAL USE, BYCREATING A FEE FOR ALL APPLICATIONS FOR ZONE CHANGE TO PD DISTRICT, BY PROVIDINGFOR ZONE CHANGE SIGN DEPOSIT AND REFUND OF SIGN DEPOSIT, AND BY CREATING A FEE FORFILING OF AN APPEAL; REPEALING SECTION 9.200.5 “PLANNED DEVELOPMENT FEES; AMENDINGSECTION 9.300 “ZONING BOARD APPLICATION FEES”, RESTATING SAID SECTION TO ADJUST THEFEES FOR A REQUEST FOR VARIANCE FROM ZONING REGULATIONS AND THE FEE FOR APPEAL;AMENDING SECTION 9.400 “PRELIMINARY PLATS/FINAL PLATS/REPLATS (EXCEPTADMINISTRATIVE SUBDIVISIONS)”, RESTATING SAID SECTION TO PROVIDE FEES FORAPPLICATIONS FOR PRELIMINARY PLAT, FINAL PLAT AND REPLAT, AND A SUPPLEMENTAL FEEFOR REPLATS THAT REQUIRE RENOTIFICATION; AMENDING SECTION 9.400.5 “FINALPLATS/REPLATS OF ADMINISTRATIVE SUBDIVISIONS”, RESTATING SAID SECTION TO PROVIDEFEES FOR APPLICATIONS FOR FINAL AND REPLATS OF ADMINISTRATIVELY ELIGIBLESUBDIVISIONS, AND SUPPLEMENTAL FEE FOR FINAL PLAT OR REPLAT REQUIRINGNOTIFICATION; AMENDING SECTION 9.500 “MISCELLANEOUS PLANNING FEES”, RESTATING SAIDSECTION TO UPDATE FEES FOR MISCELLANEOUS REQUESTS; PROVIDING FOR SEVERABILITY;AND PROVIDING AN EFFECTIVE DATECouncilmember Farmer suggested postponing the item. Council concurred.FIRST PUBLIC HEARING AND INTRODUCTION OF AN ORDINANCE AMENDING THEREMITTANCE OF LANDFILL RATESAN ORDINANCE AMENDING APPENDIX A, “FEE SCHEDULE”, ARTICLE 8.000 “UTILITY RELATEDFEES”, OF THE CODE OF ORDINANCES, CITY OF SAN ANGELO, TEXAS, AMENDING SECTION8.1700 “LANDFILL CHARGES”, BY ADDING NEW SUBPARAGRAPHS (e) AND (f), AND RE-DESIGNATING SUBPARAGRAPHS (e), (f) and (g) as (g), (h) and (i), TO PROVIDE FOR FEES TO BEREMITTED TO THE CITY FROM THE FLAT RATES FOR MUNICIPAL SOLID WASTE FEESCOLLECTED BY LANDFILL OPERATORS, ADJUSTING THE REMITTANCES APPLICABLE FROMNOVEMBER 1, 2012, AND FROM OCTOBER 1, 2013; PROVIDING FOR SEVERABILITY; ANDPROVIDING AN EFFECTIVE DATEOperations Director Ricky Dickson presented background information.Motion, to introduce the Ordinance, as presented, was made by Councilmember Hirschfeld and seconded byCouncilmember Adams. Motion carried unanimously.
  • 19. Minutes Page 9October 16, 2012 Vol. 104FIRST PUBLIC HEARING AND INTRODUCTION OF AN ORDINANCE AMENDING CHAPTER 12,EXHIBIT “A” (ZONING ORDINANCE) OF THE CODE OF ORDINANCES, CITY OF SAN ANGELOPD 12-04: COSA Civic EventsAN 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: 1601 Glenna Street, located on the property known as the "SoccerComplex," more specifically occupying approximately 62 acres of land between the city limits boundary andwestern right-of-way line for Glenna Street in western San Angelo, changing the zoning classification fromSingle-Family Residential (RS-1) to Planned Development (PD) District; PROVIDING FOR SEVERABILITYAND PROVIDING A PENALTYPlanning Manager AJ Fawver presented background information. A copy of the presentation is part of thePermanent Supplemental Minute record.Motion, to introduce the Ordinance, as presented, was made by Councilmember Farmer and seconded byCouncilmember Hirschfeld.General discussion was held on the zoning classification and the benefits for CityWise Marketing and theSoccer Association from selling advertisements.A vote was taken on the motion on the floor. Motion carried unanimously.DIRECTION AND AUTHORIZATION TO INCREASE THE CITY OF SAN ANGELO’S AMBULANCESERVICE FEESFire Chief Brian Dunn presented background information noting upon approval, staff would present the feestructure at a future meeting for final approval. A copy of the presentation is part of the PermanentSupplemental Minute record. Chief Dunn presented the rates as follows: BLS Non-Emergency $600.00, BLSEmergency $770.00, ALS Non-Emergency $800.00, ALS 1 Emergency $830.00, ALS 2 Emergency $955.00,Mileage Fee (Per Patient Mile) $10.00, Out of City, Still in County *Additional Charge $100.00, Out of CountyTransport over 150 miles *Additional Charge $200.00, Stand-By Services $85.00/Hour *Four (4) hourminimum (games/events) $340.00.Motion, to increase the current rate to the proposed rate amount, as presented, was made by CouncilmemberAdams and seconded by Councilmember Hirschfeld.General discussion was held on the proposed rates, utilizing capital funds to build capital improvements versusutilizing revenue, and future bond issuance for the construction of the training facility.Public comment was made by Gloria Priddy, Coordinator at Plaza Del Sol Retirement Community.A vote was taken on the motion on the floor. AYE: New, Alexander, Adams, Hirschfeld, and Farmer. NAY:Morrison and Silvas. Motion carried 5-2.FIRST PUBLIC HEARING AND INTRODUCTION OF AN ORDINANCE AMENDING THE 2012-2013BUDGET FOR GRANTS, NEW PROJECTS AND INCOMPLETE PROJECTSAN ORDINANCE OF THE CITY OF SAN ANGELO AMENDING THE BUDGET FOR THE FISCALYEAR BEGINNING OCTOBER 1, 2012, AND ENDING SEPTEMBER 30, 2013, FOR NEW PROJECTS,INCOMPLETE PROJECTS, AND GRANTSBudget Analyst Steve Mahaffey presented background information.
  • 20. Page 10 MinutesVol. 104 October 16, 2012Motion, to introduce the Ordinance, as presented, was made by Councilmember Farmer and seconded byCouncilmember Adams.General discussion was held on Lake Nasworthy Trust Fund’s accumulated interest and the InvestmentOversight Committee’s responsibility of the various funds.A vote was taken on the motion on the floor. Motion carried unanimously.APPROVAL OF A REALLOCATION FROM 2012 COMMUNITY DEVELOPMENT BLOCK GRANTREHAB FUNDS TO GALILEE COMMUNITY DEVELOPMENT CORPORATION TO MANAGE ANDEXECUTE THE PROGRAM UNDER THE HELPING HANDS ORGANIZATIONNeighborhood & Family Services Director Bob Salas presented background information.Motion, to approve the reallocation, as presented, was made by Councilmember Adams and seconded byCouncilmember Silvas. Motion carried unanimously.CONSIDERATION OF AND POSSIBLE ACTION ON WATER RELATED ISSUES:· APPROVAL TO INCREASE THE CURRENT WATER LEVEL OF LAKE NASWORTHY TO THE DESIGNATED JANUARY LEVEL AS RECOMMENDED BY THE WATER UTILITIES DIRECTOR Water Utilities Director Will Wilde presented background information. General discussion was held on requests by citizens seeking to make repairs to their boat docks and other related structures, the lake level, intentions of where to keep the lake level, and Council’s intention to continue to make the necessary adjustments as would be applied to the lake level. Motion, to approve increasing the current lake level to the designated January level as recommended by the Water Utilities Director, was made by Councilmember Hirschfeld and seconded by Councilmember Farmer. Motion carried unanimously.· DIRECTION TO STAFF TO STOP THE PUMPING OF THE SOUTH POOL OF TWIN BUTTES RESERVOIR, DIRECTION TO STAFF TO INITIATE STANDBY STATUS FOR THE VENDOR ON THE INSTALLED PIPELINE, AND AUTHORIZATION FOR STAFF TO BEGIN THE PUMPING PROCESS IN MARCH 2013 Water Utilities Director Will Wilde presented background information. Mayor suggested staff begin the process of moving the water earlier in April or May as opposed to August, thereby moving the water at the beginning of the evaporation season. General discussion was held on possibly beginning in late February or March. In conclusion, Council suggested staff stop the pumping now and consider this item at a future meeting in February to set or begin the pumping in late March or early April. Mr. Wilde commented on the vendor options to either pay a demobilization fee for the entire pipeline or pay a standby fee and schedule the pumping of the pool in March 2013. Motion, to direct staff to stop pumping from the South Pool, direction to staff to initiate standby status for the vendor on the installed pipeline, and authorize staff to begin the pumping process in March 2013, was made by Councilmember Hirschfeld and seconded by Councilmember Adams. Motion carried unanimously.· AUTHORIZATION FOR STAFF TO MOVE FORWARD WITH THE VALUE ENGINEERING OF THE TWIN BUTTES SOUTH POOL OUTLET WORKS AND OTHER IMPROVEMENTS Water Utilities Director Will Wilde presented background information. He informed staff has initiated talks with the Bureau of Reclamation (Bureau) concerning the installation of a conduit on the south part of the
  • 21. Minutes Page 11October 16, 2012 Vol. 104 Twin Buttes Dam which would then allow gravity flow through the dam. Mr. Wilde stated the Bureau responded favorably to the idea and any other ideas, including lowering the equalization channel, installing pipeline systems. He noted the Bureau recommended conducting assessments on the various options, e.g. environmental impacts, risk to the facility, and cost of the individual options. Mr. Wilde suggested continuing working with the Bureau on the project. He noted the first step would be to obtain consultants to conduct those studies. He informed per the Bureau, all costs associated with the studies would be paid by the City however the Bureau would provide the technical oversight to ensure the project is in compliance with the national policies. Mr. Wilde stated the initial studies would cost approximately $75k to $100K for the initial phase and preliminary engineering work and would be paid from water capital accounts. General discussion was held on the current cost of the pumping from the pool which averages to $100K per month for a total of $300K. Motion, to authorize staff to move forward with the value engineering of the projects, as presented, was made by Mayor New and seconded by Councilmember Hirschfeld. General discussion was held on the Bureau’s prior concerns with the modification of the dam’s structure and the seepage problems that existed. Mr. Wilde informed since the installation of the cut off wall, the stability of the structure has functioned very well A vote was taken on the motion on the floor. Motion carried unanimously.POSTPONEMENT OF DISCUSSION AND CONSIDERATION TO RECONSIDER THE CITY OF SANANGELO’S PARTICIPATION IN THE NATIONAL LEAGUE OF CITIES (NLC) SERVICE LINEWARRANTY PROGRAM AND ANY ACTION IN CONNECTION THERETOCouncilmember Adams suggested postponing the item. Council concurred.FOLLOW UP AND ADMINISTRATIVE ISSUESCONSIDERATION OF MATTERS DISCUSSED IN EXECUTIVE/CLOSED SESSIONNo action was taken on matters discussed in Executive/Closed Session.APPROVAL OF VARIOUS BOARD NOMINATIONS BY COUNCIL AND DESIGNATEDCOUNCILMEMBERS:Design and Historic Review Commission: David Mazur (Mayor) to a first full term September 2013 andLeeAnn Bailey (SMD1) to a first full term September 2013Motion, to approve various board nominations by Council and designated Councilmembers, was made byMayor New and seconded by Councilmember Adams. Motion carried unanimously.ANNOUNCEMENTS AND CONSIDERATION OF FUTURE AGENDA ITEMSThe City of San Angelo will host a Grand Opening event for the newly renovated City Hall, 72 W. College, andCommunity Development Building, 52 W. College, on Thursday, October 18, 2012, from 5:00 P.M. to 8:00P.M.CONSIDERATION OF FUTURE AGENDA ITEMSInterim City Manager Michael Dane distributed the proposed November 6, 2012 Agenda and solicited Councilcomments and suggestions.
  • 22. Page 12 MinutesVol. 104 October 16, 2012ADJOURNMENTMotion, to adjourn, was made by Councilmember Adams and seconded by Councilmember Hirschfeld. Motioncarried unanimously.The meeting adjourned at 4:13 P.M. THE CITY OF SAN ANGELO ___________________________________ Alvin New, MayorATTEST:_______________________________Alicia Ramirez, City ClerkIn 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.)
  • 23. City of San AngeloMemo Date: October 15, 2012 To: Mayor and Council Members From: Cindy M. Preas, Real Estate Administrator, 657-4407 Contact: Diana Farris, Property Specialist, 657-4407 Subject: Agenda Item for November 6, 2012 Council Meeting Caption: Consent Item Consideration of award of bid PRO-07-12/Improved Tax Foreclosed Properties - Bid Item #1 to Jean Bundrant and adopting a Resolution authorizing the Mayor to execute Tax Resale Deed (Quitclaim) conveying the following Tax Lot: 12 E 28th Street, (Bundrant), Lot 9, C.L. Cunningham Addition, $13,100, Suit No. C-10-0103-TAX Summary: The subject property was auctioned with no offers received. Subsequently, the property(s) were struck off to the City as Trustee for itself and the other taxing entities. The City served notice to the general public of the sale of improved property through sealed bids in PRO-07-12/Improved Tax Foreclosed Properties – Bid Item #1. The highest responsible bid was received from Jean Bundrant for $13,100.00. History: The attached Property Analysis reflects the amounts of delinquent taxes, accrued penalties, interest, attorney fees and costs for delinquent years, together with additional penalties and interest at the rates prescribed by Subchapter A & C of Chapter 33, Property Tax Code, which accrue on all said taxes from date of judgment until paid. (See Property Analysis) Financial Impact: Upon approval: (1) The City will retain a $500 Administration Fee, and recover costs of securing the building and notice of public sale, (2) The balance will be distributed according to the judgment on the Sheriff’s Return, and (3) Property will be reinstated back onto tax roll. Other Information/Recommendation: This is an improved parcel. No outstanding account balances exist for the above Prospective Buyer and it is recommended that the bid be awarded to Jean Bundrant. Attachments: Bid Tab, Property Analysis, Resolution, Tax-Resale Deed, and Property Location Maps Presentation: N/A Reviewed by Service Area Director: Lysia H. Bowling, City Attorney
  • 24. Lot 9, C.L. Cunningham Addition12 E. 28th Street 56 x 160Copyright 2011 Esri. All rights reserved. Tue Jun 5 2012 02:14:57 PM.
  • 25. CITY OF SAN ANGELO BID TABULATION * RFB NO: PRO-07-12/Sale of Improved Property * September 21, 2012 Property 1: Lot 9, C.L. Cunningham Addition, 12 East 28th Property 2: Lots 14, 15, 16, Block 4, Marx and Blum Addition, 629 E 19th StreetProperty 1: Lot 9, C.L. Cunningham Addition, 12 East 28th St. Bid Security Bid Bidders $3,000.00 Min $11,500 1 Ms. Jean Bundrant Yes $ 13,100.00Property 2: Lots 14, 15, 16, Block 4, Marx and Blum Addition, 629 E 19th St. Bid Security Bid Bidders $3,000.00 Min $45,000 1 None $ - Bid Packages Mailed To: Mr. Andres Pineda San Angelo TX Mr. Bill Feist San Angelo TX Mr. Brandon Clark San Angelo TX Mr. David Simms San Angelo TX Mr. Dustin Hohensee Miles TX Mr. Dusty Thompson San Angelo TX Mr. Fabian Torres San Angelo TX Mr. Kenneth Barrows San Angelo TX Mr. Lee Robles San Angelo TX Mr. Marshal Gray San Angelo TX Mr. Miguel Duran San Angelo TX Mr. Nathan Timm San Angelo TX Mr. P. Gilbert Gallegos San Angelo TX Mr. Richard Salmon San Angelo TX Mr. Ruben Contreras San Angelo TX Mr. Scott Knight San Angelo TX Mr. Steve Wool San Angelo TX Ms. Jean Bundrant San Angelo TX Ms. Lou Ann Vaca San Angelo TX Ms. Martha Moralas San Angelo TX Ms. Velia Gonzalez Del Rio TXY:12‐RFXPropertyRFB PRO0712 Tax Foreclosed ProertyBid Tab‐PRO0712
  • 26.  PROPERTY ANALYSIS For Tax Resale PropertyLegal Description: Lot 9, C.L. Cunningham Addition, City of San Angelo, Tom Green County, Texas,  being more particularly described in a deed recorded in Volume 287, Page 170,  Deed Records, Tom Green County, Texas.Improved/Unimproved ImprovedTax Suit Number: C‐10‐0103‐TAXLocation: 12 E 28th StreetParcel Size/Dimensions: 56 x 160City of San Angelo vs. George E. Burgess    Account #11512Tax ID Number: 07‐19900‐0000‐009‐00Judgment Date: January 13, 2012Date of Sheriffs Sale: June 5, 2012Sheriffs Deed Recorded: June 7, 2012 Years Held in Trust 5 mos.Adjudge Value: $      9,271.00 Purchased under Urban Redevelopment NoAmount of Offer: $  13,100.00  Amounts Due  Priority  % of Pro Rata  Amounts Fees Judgment Allocations Remainder Allocations DistributedAdministration Fee $500.00 $500.00 0.00% $500.00Maintenance Fee $      1,050.93 0.00% $   1,050.93District Clerk $191.00 $191.00 0.00% $191.00Sheriffs Fee $100.00 $100.00 0.00% $100.00Attorney Fee $196.00 $196.00 0.00% $196.00Municipal Liens $              ‐ $515.73 0.00% $515.73Taxes $              ‐ $8,784.00 0.00% $8,784.00Total $987.00 $    10,350.66 $987.00 100.00% $0.00 $11,337.66Actual Total Amt Due $11,337.66Amount Remaining $    1,762.34 Offer will satisfy all costs according to the Judgment.
  • 27. RESOLUTION AUTHORIZING TAX RESALE (Not Less Than Adjudged Value or Judgment) WHEREAS, by Sheriff’s Sale conducted on the first Tuesday in June, 2012, the improvedproperty described below was struck-off to the City of San Angelo, Trustee, pursuant to adelinquent tax foreclosure judgment of the 340th Judicial District Court, Tom Green County,Texas; and WHEREAS, City served notice to the general public of the sale of improved property throughsealed bids in PRO-07-12/Improved Tax Foreclosed Properties - Bid Item #1; and WHEREAS, the highest responsible bid in the amount of $13,100.00 was received from JeanTucker Bundrant, for the purchase of said improved property pursuant to Section §34.05, TexasTax Code; and NOW THEREFORE BE IT RESOLVED by the City Council of the City of San Angelo thatits Mayor, Alvin New, is hereby authorized to execute a Tax Resale Deed on behalf of the Cityconveying to Jean Tucker Bundrant, a single person, all the right, title, and interest of the City,and all other taxing units interested in the tax foreclosure judgment by Quitclaim Deed in thefollowing described real property located in San Angelo, Tom Green County, Texas: Lot 9, C.L. Cunningham Addition, City of San Angelo, Tom Green County, Texas, being more particularly described in a deed recorded in Volume 287, Page 170, Deed Records, Tom Green County, Texas.APPROVED AND ADOPTED ON THE DAY OF , 2012. THE CITY OF SAN ANGELO _______________________________ Alvin New, MayorAttest:______________________________Alicia Ramirez, City ClerkApproved As to Content: Approved As to Form:______________________________ ______________________________Cindy M. Preas, Real Estate Administrator Lysia H. Bowling, City Attorney
  • 28. NOTICE OF CONFIDENTIALITY RIGHTS: If you are a natural person, you may remove orstrike any or all of the following information from this instrument before it is filed for record inthe public records: your social security number or your driver’s license number. Tax-Resale Deed (Property Sold for Not Less than Adjudged Value) Date: __________________________ Grantor: The City of San Angelo, a Texas home-rule municipal corporation, for itself and as Trustee for itself, Tom Green County, San Angelo Independent School District and County Education District #9 72 W. College Avenue San Angelo, Tom Green County, Texas 76903 Grantee: Jean Tucker Bundrant, a single person P.O. Box 1041 San Angelo, Tom Green County, Texas 76902-1041 Consideration: Ten and No/100 Dollars ($10.00) and other good and valuable consideration Property (including any improvements): Lot 9, C.L. Cunningham Addition, City of San Angelo, Tom Green County, Texas, being more particularly described in a deed recorded in Volume 287, Page 170, Deed Records, Tom Green County, Texas. Acct. #07-19900-000-009-00 Judgment: Judgment for the foreclosure of a tax lien against the Property entered on January 13, 2012 in Suit No. C-10-0103-TAX by the 340th District Court of Tom Green County, Texas. Sheriff’s Deed: Grantor acquired full legal title to the Property — both for its own benefit and as Trustee for all other taxing authorities entitled to receive proceeds from the sale of the Property under the terms of the Judgment — by Sheriff’s Deed dated June 7, 2012, and recorded in Instrument Number 719867, Official Public Records, Tom Green County, Texas. For the Consideration, Grantor — acting by and through its Mayor, who has been duly authorized to execute this instrument on Grantor’s behalf by resolution and order of Grantor’s City Council recorded in the City Council’s official minutes — hereby quitclaims to Grantee all of Grantors right, title, and interest in and to the Property, to have and to hold it to Grantee and Grantees heirs, successors, and assigns forever. Neither Grantor, nor any other taxing unit interested in the Judgment, nor any other person or entity claiming under them, will have, claim, or demand any right or title to the Property or any part of it. Grantor gives this Tax- Resale Deed without any express or implied warranty whatsoever; and all warranties that might arise by common law and the warranties in § 5.023 of the Texas Property Code (or its successor) are hereby specifically excluded. Grantees rights under this deed are subject to the provisions of Chapter 34 of the Texas Tax Code, including, without limitation, any right of redemption remaining in the former owner of the Property; the terms of any recorded restrictive covenants running with the land that were recorded before January 1 of the year in
  • 29. which the tax lien on the property arose; any recorded lien that arose under such restrictive covenants that wasnot extinguished in the judgment foreclosing the tax lien; and each valid easement of record as of the date ofthe sale that was recorded before January 1 of the year the tax lien arose. Grantor is selling the Property to Grantee for an amount that is not less than the lesser of (1) the marketvalue specified in the Judgment, or (2) the total amount of the Judgment. Grantee assumes full payment of any ad valorem taxes for the Property for the current year and allfuture years. When the context requires, singular nouns and pronouns include the plural. GRANTOR: The City of San Angelo, a Texas home-rule municipal corporation, for itself and as Trustee for any taxing authorities named in the JudgmentATTEST: By: ____________________________ Alvin New, Mayor and duly-authorized agentAlicia Ramirez, City ClerkSTATE OF TEXAS § §COUNTY OF TOM GREEN § This instrument was acknowledged before me on _____________________, 2012, by Alvin New,Mayor and duly-authorized agent of the City of San Angelo, a Texas home-rule municipal corporation, onbehalf of such corporation and as Trustee for any taxing authorities named in the Judgment identified in theabove instrument. __________________________________ Notary Public, State of TexasAfter Recording, Return To:City Attorney’s Office
  • 30. City of San AngeloMemo Date: October 24, 2012 To: Mayor and Councilmembers From: Chief Brian Dunn, Fire Department Subject: Agenda Item for November 6, 2012 Council Meeting Contact: Brian Dunn, Fire Department (325) 657-4355 or ext. 3000 Caption: Consent Agenda Consideration of adopting a Resolution increasing the charges for Ambulance Services, effective October 16, 2012 Summary: The San Angelo Fire Department presented the following fee increases in the th Ambulance Billing Rates at the October 16 2012 council meeting. Council approved the proposed rates. CURRENT SERVICE TYPE RATE NEW RATE BLS Non-Emergency $220.00 $600.00 BLS Emergency NEW $770.00 ALS Non-Emergency NEW $800.00 ALS 1 Emergency $385.00 $830.00 ALS 2 Emergency $575.00 $955.00 Mileage Fee (Per Patient Mile) $8.50 $10.00 Out of City, Still in County Additional Charge $100.00 $100.00 Out of County Transport over 150 miles (additional charge) $200.00 $200.00 Stand-By Services * Four (4)hour $75/Hour $85/Hour minimum (games/events) $300 game $340.00 History: None Financial Impact: $480,000 net of fees Related Vision Item None
  • 31. (if applicable):Other Information/ The San Angelo Fire Department recommends approvalRecommendation:Attachments: ResolutionPresentation: NonePublication: NoneReviewed by Brian Dunn, Fire Department, October 24, 2012Director:Approved by Legal: Date of Approval (attach Legal Approval Form)
  • 32. A RESOLUTION OF THE CITY OF SAN ANGELO, TEXAS RATIFYING ITS APPROVAL OF INCREASED SERVICE RATES FOR AMBULANCE SERVICES EFFECTIVE, OCTOBER 16, 2012 WHEREAS, on 16th day of October, at a regular meeting of the City Council of the Cityof San Angelo, Texas, there came to be considered the matter of increasing the service rates forambulance services; and WHEREAS, City Council having found it to be desirable for the health, safety andwelfare of the public to continue such service at rates adequate to offset part of the costs incurredin providing ambulance services; WHEREAS, City Council approved the increased service rates for ambulance services tobe effective on October 16, 2012 based on the service rates as reflected herein; WHEREAS, on this date City Council ratifies its approval of the service rates reflectedherein to be effective October 16, 2012;NOW, THEREFORE, BE IT RESOLVED BY THE CITY OF SAN ANGELO: 1) THAT, the rates for ambulance services have increased and shall be as follows: SERVICE SERVICE TYPE RATE BLS Non-Emergency $600.00 BLS Emergency $770.00 ALS Non-Emergency $800.00 ALS 1 Emergency $830.00 ALS 2 Emergency $955.00 Mileage Fee (Per Patient Mile) $10.00 Out of City, Still in County* Additional Charge $100.00 Out of County Transport over 150 miles *Additional Charge $200.00 Stand-By Services $85.00/Hour * Four (4)hour minimum (games/events) $340.00 2) THAT, these fees shall be effective on, from and after October 16, 2012.
  • 33. PASSED, APPROVED AND ADOPTED this ____day of ___________2012. CITY OF SAN ANGELO BY:________________________ Alvin New, MayorATTEST:________________________Alicia Ramirez, City ClerkApproved As to Form: Approved As to Content:Brian Dunn, Fire Chief Lysia H. Bowling, City Attorney
  • 34. Approved As to Form: Approved As to Content:Brian Dunn, Fire Chief Lysia H. Bowling, City Attorney
  • 35. City of San AngeloMemo Date: October 22, 2012 To: Mayor and Councilmembers From: Ron Perry, Emergency Management Coordinator Subject: Agenda Item for November 6, 2012 Council Meeting Contact: Teresa Covey, Emergency Management, 325-657-4289 Caption: Consent Consideration of adopting a Resolution authorizing the City Manager to accept the FY 2012 Emergency Management Performance Grant (EMPG) Program grant award #12 TX-EMPG-0885 in the amount of seventy-eight thousand four hundred ninety-four and 18/100 dollars ($78,494.18) on behalf of the City of San Angelo; and to commit to accept and comply with all the requirements in the grant terms and conditions, and authorizing the City Manager to execute the grant acceptance and other related documents Summary: The Emergency Management Department has received this annual grant from FEMA through the Texas Division of Emergency Management (TDEM) for our efforts in maintaining our advanced preparedness level. History: The Emergency Management Department has received this grant annually to assist with the funding of the Emergency Management Department. Financial Impact: The grant for $78,494.18 funds a portion of the Emergency Management Department. Related Vision Item Acceptance of this grant award enables the Emergency Management Department to continue the review and maintenance process of the Emergency Operations (if applicable): Plan (EOP) in the event(s) of catastrophic failures of services. Other Information/ Staff recommends approval for the Mayor or City Manager to sign the FY2012 Recommendation: Emergency Management Performance Grant (EMPG) Notice of Subrecipient Grant Award. Attachments: Notice of Sub-Recipient Grant Award Resolution Grant Terms and Conditions Letter from Chief Nim Kidd Approved Grant Application Presentation: N/A
  • 36. Publication: N/AReviewed by Daniel Valenzuela, City ManagerDirector:Approved by Legal: Date of Approval (attach Legal Approval Form)
  • 37. A RESOLUTION AUTHORIZING THE CITY MANAGER TO ACCEPT THE FY 2012 EMERGENCY MANAGEMENT PERFORMANCE GRANT (EMPG) PROGRAM GRANT AWARD #12 TX-EMPG-0885 IN THE AMOUNT OF SEVENTY-EIGHT THOUSAND FOUR HUNDRED NINETY-FOUR AND 18/100 DOLLARS ($78,494.18) ON BEHALF OF THE CITY OF SAN ANGELO; AND TO COMMIT TO ACCEPT AND COMPLY WITH ALL THE REQUIREMENTS IN THE GRANT TERMS AND CONDITIONS, AND AUTHORIZING THE CITY MANAGER TO EXECUTE THE GRANT ACCEPTANCE AND OTHER RELATED DOCUMENTSWhereas, the City submitted an application to participate in EMPG program for the FY 2012; andWhereas, the City has been notified that the application has been approved and offer of award in the amount of Seventy-eight thousand four hundred ninety-four and 18/100 Dollars ($78,494.18) has been extended to the City; andWhereas, the grant funds will be distributed, subject to the City’s acceptance of the grant and commitment to comply with the terms and conditions of the grant requirements.NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF SAN ANGELO,TEXAS THAT:Section 1. The City Manager is hereby authorized to accept the EMPG program for the FY2012 in the amount of Seventy-eight thousand, four hundred ninety-four and 18/100 Dollars($78,494.18) and execute any related documents for grant participation and compliance.Section 2. This Resolution shall take effect immediately from and after its passage andapproval.PASSED and APPROVED THIS DAY OF , 2012. CITY OF SAN ANGELO, TEXASATTEST: Alvin New, MayorAlicia Ramirez, City ClerkAPPROVED AS TO CONTENT APPROVED AS TO FORM ________________________________Ron Perry Lysia H. BowlingEmergency Management Coordinator City Attorney
  • 38. City of San AngeloMemo Date: October 22, 2012 To: Mayor and Councilmembers From: Ron Perry, Emergency Management Coordinator Subject: Agenda Item for November 6, 2012 Council Meeting Contact: Teresa Covey, Emergency Management, 325-657-4289 Caption: Consent Consideration of adopting a Resolution authorizing the City Manager to execute U.S. Department of Transportation Federal Aviation Administration space lease for real property, lease no. DTFACN-13-l-00111 with the United States of America as lessee, of certain property located at 8485 Hangar Road, Angelo Regional Airport – Mathis Field (Airport) Summary: The FAA leases a portion of the Emergency Operations Center, which is a City building. Lease No. DTFASW-08-L-00031: 1. Expired on September 30, 2012 2. As part of the lease agreement, the generator was transferred to the City, to be City property 3. Provides annual rent in the amount of $30,000.00 for a 10-year term, an increase from previous lease agreement of $28,205.00 History: The FAA and the City of San Angelo are parties to this lease agreement, providing administrative, technical, storage and equipment space at 8485 Hangar Rd, San Angelo. Financial Impact: The term of the lease will be for a 10-year term. Related Vision Item None (if applicable): Other Information/ Staff recommends approval Recommendation: Attachments: FAA Lease Agreement and Resolution Presentation: None Publication: None Reviewed by Daniel Valenzuela, City Manager
  • 39. Director:Approved by Legal: 10-19-12
  • 40. A RESOLUTION OF THE CITY OF SAN ANGELO AUTHORIZING THE CITY MANAGER OR HIS DESIGNEE TO EXECUTE U.S. DEPARTMENT OF TRANSPORTATION FEDERAL AVIATION ADMINISTRATION SPACE LEASE FOR REAL PROPERTY, LEASE NO. DTFACN-13-L-00111 WITH THE UNITED STATES OF AMERICA AS LESSEE, OF CERTAIN PROPERTY LOCATED AT 8485 HANGAR ROAD, ANGELO REGIONAL AIRPORT – MATHIS FIELD (AIRPORT) WHEREAS the City of San Angelo (―City‖) is owner of property at 8485 HangarRoad, San Angelo Regional Airport – Mathis Field (Airport), located in Tom Green County,Texas (―Premises‖); and WHEREAS, United States Department of Transportation, Federal AviationAdministration ( ―FAA‖) leases from City approximately 2,426 square feet of interior space and2,284 square feet of shared interior space at 8485 Hangar Road (Emergency Operations Center);and WHEREAS, City and FAA desire to enter into Lease for a term of ten yearscommencing October 1, 2012 and continuing through September 30, 2022; and WHEREAS, Lease provides for annual rent in the amount of $30,000.00; and WHEREAS, in addition to annual rent FAA has transferred ownership to City of one14’ x 22’ engine generator building, one 175 KW generator, and one fuel storage tank on a 4’ x10’ concrete pad which relate to use of the leased premises; and WHEREAS City deems it advantageous to authorize the City Manager or hisdesignee to execute said lease agreement with FAA; NOW THEREFORE BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OFSAN ANGELO, TEXAS THAT: The City Manager or his designee is hereby authorized to execute U.S. Department ofTransportation Federal Aviation Administration Space Lease for Real Property, Lease No.DTFACN-13-L-00111 for lease to the F.A.A. of the described Premises, being a portion of thebuilding generally known as 8485 Hangar Road, San Angelo Regional Airport—Mathis Field,San Angelo, Texas, in the substantial form of Exhibit ―A‖ to this resolution. PASSED and APPROVED THIS DAY OF , 2012. CITY OF SAN ANGELO, TEXASATTEST: Alvin New, MayorAlicia Ramirez, City ClerkAPPROVED AS TO CONTENT APPROVED AS TO FORMRonald D. Perry, Lysia H. Bowling, City AttorneyEmergency Management Coordinator
  • 41. City of San AngeloMemo Date: October 22, 2012 To: Mayor and Councilmembers From: Ron Perry, Emergency Management Coordinator Subject: Agenda Item for November 6, 2012 Council Meeting Contact: Teresa Covey, Emergency Management, 325-657-4289 Caption: Consent Consideration of adopting Resolution for City of San Angelo Approval of Concho Valley Council of Governments Hazard Mitigation Plan Update Summary: Approval of this resolution will make the City of San Angelo eligible for FEMA pre- and post-disaster grant funding for the next five years. History: The Hazard Mitigation Grant Program (HMGP) provides grants to states and local governments to implement long-term hazard mitigation measures after a major disaster declaration. The purpose of the HMGP is to reduce the loss of life and property due to natural disasters and to enable mitigation measures to be implemented during the immediate recovery from a disaster. The HMGP is authorized under Section 404 of the Robert T. Stafford Disaster Relief and Emergency Assistance Act. The City of San Angelo participated in a Hazard Mitigation Plan Update for the Concho Valley Council of Government (CVCOG). The process began in October 2010 and now the Plan Update has been approved by the State of Texas (Texas Division of Emergency Management) and the Federal Emergency Management Agency (FEMA). The City of San Angelo participated by attending meetings and workshops, evaluating risks, analyzing previous mitigation actions, and developing new and unique mitigation actions, which will serve as a basis for grant projects. The City of San Angelo can now apply for mitigation grants to FEMA, once the Plan is formally adopted. Financial Impact: N/A Related Vision Item Approval of this resolution enables the Emergency Management Department to continue the review and maintenance process of the Emergency Operations Plan (if applicable): (EOP) in the event(s) of catastrophic failures of services. Other Information/ Staff recommends approval for the Mayor or City Manager to sign the Resolution Recommendation: for the Concho Valley Council of Government Hazard Mitigation Plan Update. Attachments: Resolution Presentation: N/a
  • 42. Publication: N/AReviewed by Daniel Valenzuela, City ManagerDirector:Approved by Legal: Date of Approval (attach Legal Approval Form)
  • 43. City of San AngeloMemoDATE: October 22, 2012TO: Mayor and Council MembersFROM: Robert Salas, Director, Neighborhood & Family Services DeptSUBJECT: Agenda Item for November 6, 2012 Council MeetingCONTACT: Robert Salas 657-4274CAPTION: Consent Consideration of accepting San Angelo Health Foundation (SAHF) grant funds for a roof repair project in the amount of $100,000 and authorizing the City Manager to execute related documents. ------------------------------------------------------------------------------------------------------------------------------------------------Summary: Neighborhood Services requests approval to accept $100,000 SAHF grant to carry out roofrepair housing activities in the neighborhoods targeted for revitalization for low/moderate income citizens.History: On July 17, 2012, Council approved an application to the SAHF grant for $100K. SAHFapproved the funds and are prepared to forward the funds as soon as the contract is signed. This grantwill allow Neighborhood Services staff to provide immediate roof repair assistance to multiple families inthe community and forward the city’s Neighborhood Revitalization program.Financial Impact: $100,000 will be made available for Neighborhood Services to execute a roofrepair program in the target areas.Related Vision Item: Neighborhood Revitalization.Other Information/Recommendations: Staff requests approval to accept funds.Attachments: ContractPresentation: NonePublication: NoneReviewed by Department Director: N/A
  • 44. AN ORDINANCE AMENDING APPENDIX A, “FEE SCHEDULE”, ARTICLE 8.000 “UTILITY RELATED FEES”, OF THE CODE OF ORDINANCES, CITY OF SAN ANGELO, TEXAS, AMENDING SECTION 8.1700 “LANDFILL CHARGES”, BY ADDING NEW SUBPARAGRAPHS (e) AND (f), AND RE- DESIGNATING SUBPARAGRAPHS (e), (f) and (g) as (g), (h) and (i), TO PROVIDE FOR FEES TO BE REMITTED TO THE CITY FROM THE FLAT RATES FOR MUNICIPAL SOLID WASTE FEES COLLECTED BY LANDFILL OPERATORS, ADJUSTING THE REMITTANCES APPLICABLE FROM NOVEMBER 1, 2012, AND FROM OCTOBER 1, 2013; PROVIDING FOR SEVERABILITY; AND PROVIDING AN EFFECTIVE DATE WHEREAS, the City Council, on September 27, 2012 adopted an ordinance amending Article8.1500 “Charge for Collection of Garbage and Trash” adjusting fees to appropriately reflect actualcosts incurred by the City for the respective services; and, WHEREAS, the portion of per ton Flat Rate for Municipal Solid Waste and other flat fee ratesto be remitted to the City by landfill operators should also be adjusted to appropriately reflect actualcosts incurred by the City: NOW THEREFORE BE IT ORDAINED BY THE CITY OF SAN ANGELO:Section 1) THAT Appendix “A”, “Fee Schedule”, Article 8.000 “Utility Related Fees”, of the Code of Ordinances, City of San Angelo, Texas, Section 8.1700 “Landfill Charges” is amended by adding new subparagraphs (e) and (f), and re-designating subparagraphs (e), (f) and (g) as (g), (h) and (i), the new subparagraphs (e) and (f) to read as follows: (e) In addition to the above specified amounts in subparagraphs (a), (b), (c) and (d) effective November 1, 2012, the landfill operator shall remit to the City of San Angelo: $6.32 per ton of the Flat Rate for Municipal Solid Waste fee collected; $2.86 per load for waste in category (2) deposited in the landfill by or for city residents; $6.35 per load for waste in category (2) deposited in the landfill by or for non-city residents; $0.90 per yard for waste in category (5) deposited in the landfill by or for city residents $1.35 per yard for waste in category (5) deposited in the landfill by or for non-city residents $6.00 per cubic yard for waste in category (6) deposited in the landfill by or for city residents; $9.00 per cubic yard for waste in category (6) deposited in the landfill by or for non-city residents; $9.00 per cubic yard for waste in category (7) deposited in the landfill by or for city residents; $13.50 per cubic yard for waste in category (7) deposited in the landfill by or for non-city residents;
  • 45. $0.75 for each passenger car or motorcycle tire deposited in the landfill by or for city residents; $1.50 for each truck tire deposited in the landfill by or for city residents; $4.20 for each off road tire deposited in the landfill by or for city residents; $1.20 for each appliance or other bulky item deposited in the landfill by or for city residents; $1.13 for each passenger car or motorcycle tire deposited in the landfill by or for non-city residents; $2.25 for each truck tire deposited in the landfill by or for non-city residents; $6.30 for eachoff road tire deposited in the landfill by or for non-city residents; $1.80 for each appliance or other bulky item deposited in the landfill by or for non-city residents; $3.60 per cubic yard for waste in category (9) deposited in the landfill by or for city residents; $6.00 per cubic yard of waste in category (9) deposited in the landfill by or for non-city residents. (f) In addition to the above specified amounts in subparagraphs (a), (b), (c) and(d) effective October 1, 2013, the landfill operator shall remit to the City of SanAngelo: $8.32 per ton of the Flat Rate for Municipal Solid Waste fee collected; $3.77 per load for waste in category (2) deposited in the landfill by or for city residents; $8.50 per load for waste in category (2) deposited in the landfill by or for non-city residents; $1.18 per yard for waste in category (5) deposited in the landfill by or for city residents; $1.78 per yard for waste in category (5) deposited in the landfill by or for non-city residents; $7.90 per cubic yard for waste in category (6) deposited in the landfill by or for city residents; $11.85 per cubic yard for waste in category (6) deposited in the landfill by or for non-city residents; $11.85 per cubic yard for waste in category (7) deposited in the landfill by or for city residents; $17.77 per cubic yard for waste in category (7) deposited in the landfill by or for non-city residents; $0.99 for each passenger car or motorcycle tire deposited in the landfill by or for city residents; $1.97 for each truck tire deposited in the landfill by or for city residents; $5.53 for each off road tire deposited in the landfill by or for city residents; $1.78 for each appliances or other bulky item deposited in the landfill by or for city residents;
  • 46. $1.49 for each passenger car or motorcycle tire deposited in the landfill by or for non-city residents; $2.96 for each truck tire deposited in the landfill by or for non-city residents; $8.29 for each off road tire deposited in the landfill by or for non-city residents; $2.37 for each appliance or other bulky item deposited in the landfill by or for non-city residents; $4.74 per cubic yard for waste in category (9) deposited in the landfill by or for city residents; $7.31 per cubic yard of waste in category (9) deposited in the landfill by or for non-city residents. Section 2) THAT the terms and provisions of this Ordinance shall be deemed to be severable in that, if any provision of this Ordinance shall be declared to be invalid, the same shall not affect the validity of the other provisions of this Ordinance.Section 3) THAT this Ordinance shall be effective from and after the date of its adoption.INTRODUCED on the day of , 2012, and finallyPASSED, APPROVED and ADOPTED on this the day of , 2012. CITY OF SAN ANGELO _____________________________________ Alvin New, MayorATTEST:_________________________________Alicia Ramirez, City ClerkAPPROVED AS TO CONTENT: APPROVED AS TO FORM:
  • 47. Ricky Dickson Lysia H. BowlingOperations Department Director City Attorney
  • 48. City of San AngeloMemo Date: October 1, 2012 To: Mayor and Councilmembers From: Ricky Dickson, Director of Operations Subject: Agenda Item for October 16, 2012 Contact: Ricky Dickson, 657-4206 Caption: Regular Item First public hearing and introduction of an ordinance amending the remittance of landfill rates. Landfill rates as approved by City Council on September 27, 2012 and effective November 1, 2012 and October 1, 2013 Summary: Staff is now presenting an amended ordinance for the remittance to the City from the landfill operator for a portion of the Flat Fee for Municipal Solid Waste per ton and items not charged for by the ton. History: Rates approved by City Council September 27, 2012 Financial Impact: None at this time Related Vision Item Financial Vision (if applicable): Other Information/ None Recommendation: Attachments: Ordinance Presentation: None Publication: None Reviewed by Ricky Dickson, Operations Director: Approved by Legal: Yes
  • 49. City of San AngeloMemo Meeting Date: October 16, 2012 To: City Council members From: Jeff Hintz, Planner Subject: Z 12-12: Frederick Mueller, A request for approval of a zone change from Ranch & Estate (R&E) to Heavy Manufacturing (MH) to specifically allow “Manufacturing & Production” as defined in Section 316.B of the Zoning Ordinance on the following property: Location: 3550 Smith Boulevard, located approximately 150 feet south from the intersection of Smith Boulevard and Tractor Trail, more specifically occupying 10.17 Acres from the J. Fenner Survey and 3.38 acres from the J. Pointevent Survey, in northeast San Angelo. Purpose: Approval of this request would zone the property Heavy Manufacturing (MH) Contacts: Wendell Mueller, property representative 325-656-8168 Jeff Hintz, Planner 325-657-4210 Caption: First Public Hearing and consideration of introduction of an Ordinance amending Chapter 12, Exhibit “A” (Zoning Ordinance) of the Code of Ordinances, City of San Angelo Z 12-12: Frederick Mueller 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: 3550 Smith Boulevard, located approximately 150 feet south from the intersection of Smith Boulevard and Tractor Trail, more specifically occupying 10.17 Acres from the J. Fenner Survey and 3.38
  • 50. acres from the J. Pointevent Survey, in northeast San Angelo, changing the zoning classification from Ranch & Estate (R&E) to Heavy Manufacturing (MH) District; PROVIDING FOR SEVERABILITY AND PROVIDING A PENALTY Summary: The City Council may: (1) Approve the proposed zone change; (2) Remand the application to the Planning Commission, for consideration of some alternative zoning classification believed to be more appropriate, in which case another public hearing will need to be scheduled; or (3) Deny the proposed zone change. Recommendation: Planning staff recommends approving the proposed zone change. On September 17, 2012 Planning Commission recommended approval of this request by a vote of 7-0.History and Background: This area was annexed into the city in December of 2011 and, by default, was zoned as Ranch & Estate, which is the "holding zone" of all newly annexed property into the city limits. Section 303.A of the Zoning Ordinance defines the intent of R & E zoning as well as defines it as a holding district for newly annexed areas. This request for zone change is the first for the newly annexed area incorporated into the city limits as a part of this December annexation. General Information Existing Zoning: Ranch & Estate (R&E) Existing Land Use: Vacant property Surrounding Zoning/Land Use: North: R&E Undeveloped property West: R&E and MH Undeveloped property South: ML Undeveloped property 2
  • 51. East: R&E High intensity, low density commercial usesThoroughfares/Streets: Smith Boulevard in this area is a private street and is classified as a "local street" and is designed to carry light traffic at lower speeds and generally connects to collector streets.Zoning History: No previous zoning history on this property.Applicable Regulations: Section 509 of the zoning ordinance covers fencing. Any time a commercial use abuts a residential district or use, an opaque privacy fence is required; however commercial properties bordering R&E zoning are exempt from this requirement. 316.B.1 of the Zoning Ordinance states, ..."If the uses routinely subject the surrounding area to noxious or malodorous impacts, they are considered heavy manufacturing and production.."Development Standards: All required off-street parking and the connection(s) to a public right-of-way are required to be paved.Vision Plan Map: IndustrialRelated Comp Plan Excerpts: Industrial section goal one of the Comprehensive Plan is to "Organize LULUs (Locally Undesirable Land Uses) into clusters." The purpose of this goal is to: "Cluster potentially hazardous industries into a limited number (given the size of San Angelo) of larger, isolated areas will minimize negative effects on residential areas, while balancing access to these businesses within the region, rather than putting all of them into one location." “Require a buffer separating commercial, industrial, or agricultural zoned lands from neighborhoods.” “Establish transition areas between commercial areas and nearby neighborhoods.” 3
  • 52. Special Information Traffic Concerns: Changing the zoning from residential to industrial has the potential to generate additional traffic than if the property remained as-is. However, given the limited number of visitors to industrial zoned properties, and ease of access to the highway for transport, staff is not concerned with the development of this property as industrial. A zone change to a commercial district could introduce larger amounts of traffic to the area when compared to manufacturing uses. Parking Requirements: Vary depending upon the use of the property. See Section 511 of the Zoning Ordinance. Parking Provided: No parking spots are currently provided on the lot, though it is a sizable tract. Density: Predominantly large tracts of undeveloped land in the surrounding areas. The Vision Plan also calls for a continuation of the future development of this area as Industrial, creating an industrial hub. Notification Required: Yes Notifications Sent: 8 Responses in Favor: 2 Responses in Opposition: 0Analysis: In order to approve this zone change request, the City Council members are first required to consider the following criteria: 1. Compatible with Plans and Policies. Whether the proposed amendment is compatible with the Comprehensive Plan and any other land use policies adopted by the Planning Commission or City Council. 2. Consistent with Zoning Ordinance. Whether and the extent to which the proposed amendment would conflict with any portion of this Zoning Ordinance. 4
  • 53. 3. Compatible with Surrounding Area. Whether and the extent to which the proposed amendment is compatible with existing and proposed uses surrounding the subject land and is the appropriate zoning district for the land.4. Changed Conditions. Whether and the extent to which there are changed conditions that require an amendment.5. Effect on Natural Environment. Whether and the extent to which the proposed amendment would result in significant adverse impacts on the natural environment, including but not limited to water and air quality, noise, storm water management, wildlife, vegetation, wetlands and the practical functioning of the natural environment.6. Community Need. Whether and the extent to which the proposed amendment addresses a demonstrated community need.7. Development Patterns. Whether and the extent to which the proposed amendment would result in a logical and orderly pattern of urban development in the community.The staff recommendation is based upon the statements listed below.Generally speaking, Heavy Manufacturing (MH) uses are the most intense and noxiousof all potential uses of property within the city limits. The placement of any industrialarea needs to be exercised with extreme caution. An MH zoning classification needs tobe weighed and considered with the utmost concern by the board and staff. In lookingat this request, staff weighed the surrounding area and development patterns verycarefully when formulating this recommendation. This area, before it was annexed intothe city limits, developed in an intense manner and residential development is verylimited to the area in general. A few residences do exist along Old Ballinger Highway,however these residences are nearly 1/3 of a mile from the property subject to this zonechange. To the south, the nearest residences to this property are approximately half ofa mile away. While the property is zoned as R&E now and the request is to go from theleast intensive zoning to the highest intensity zoning that is available, it is compatiblewith the area development patterns.This request for MH zoning is consistent with the zoning ordinance and compatible withthe surrounding area. While the area is underdeveloped at this time, future developmentis likely to be higher intensity uses that can make use of the nearby highway and rail. Inthe manufacturing and production field, materials and freight need quick access tohighways for transport to other locations. Due to isolation of this property and the areain general, staff is confident that there will be a suitable buffer from residentialdevelopment and there will be little negative effects on the surrounding properties. Thissomewhat isolated area is an ideal fit for the most noxious of uses in the eyes of staff;isolation from residences and from sight of travelers on the highway is a preferred spotfor MH zoning. The land uses allowed in the MH zoning category will likely be storing 5
  • 54. aggregate materials and other items outdoors. Isolation from residences and fromvisitors to the community is key in placing these zoning districts.Ideally, MH zoning is located in an area with no residential activity nearby. Few peoplewill ever see the outdoor storage that is possible in this zoning district, and those whoare subjected to it are not residences but rather industrial users of property themselves.The Comprehensive Plan seeks to buffer residences from the tendency of industry tohave outdoor storage of materials and goods. Being that this request is consistent withthe goals and purposes of the Comprehensive Plan, there is no need for a visionamendment on this property for the request to be approved.The intense uses allowed within this zoning designation do have the possibility to havean effect on the natural environment. However, by following the goals of theComprehensive Plan and clustering these high intense uses into a few isolated areasreally diminishes the effect the natural environment will see. A zoning of this intensitywould not be appropriate near areas identified as neighborhood, but in an area that hasdeveloped in an isolated area with intense uses is highly appropriate. Noxious soundsand odors in this area will likely go unnoticed by a vast majority of people who visit andlive within San Angelo. The city landfill, concrete plants, and warehouses are somepredominant land uses in this area; loud noises and odd smells on occasion are notlikely to bother the properties that have developed in this area as many of them arecurrently already engaged in activities that are similar in nature to manufacturing andproduction.Staff is confident that this area is an isolated area that is appropriate for a cluster ofintense uses and zoning designations. The lack of residential development, isolationfrom neighborhoods and sight by travelers makes this an area to focus the most intenseuses and businesses that wish to locate within the city limits. The quick access to thehighway and lack of residences and commercial traffic here makes this one of the safestlocations within the city limits to cluster "Locally Unwanted Land Uses." The current lackof residential development and the lack of envisioned residential development in thefuture makes this area ripe for potential as a highly successful industrial area for thecity.Proposed Conditions N/AAttachments: excerpt from zoning map, showing the general location within the City of San Angelo; excerpt from the comprehensive plan vision map highlighting the subject property; 6
  • 55. excerpt from zoning map, highlighting subject property; aerial photo, highlighting subject property; citizen responses; Planning Commission Minutes; and Draft ordinance.Presentation: AJ Fawver, Planning ManagerReviewed by: AJ Fawver AICP, Planning Manager (09/06/12) 7
  • 56. 9
  • 57. 10
  • 58. 11
  • 59. V. Requests for zone change. [Planning Commission makes recommendation; City Council has final authority for approval.] A. Z 12-12: Frederick Mueller A request for approval of a zone change from Ranch & Estate (R&E) to Heavy Manufacturing (MH) to specifically allow “Manufacturing & Production” as defined in Section 316.B of the Zoning Ordinance on the following property: 3550 Smith Boulevard, located approximately 150 feet south from the intersection of Smith Boulevard and Tractor Trail, more specifically occupying 10.17 Acres from the J. Fenner Survey and 3.38 acres from the J. Pointevent Survey, in northeast San Angelo. Jeff Hintz, Planner, came forward to present the case, consistent with the staff recommendation of approval. Eight notifications were sent out, with two returned in favor, and zero returned in opposition. Mr. Hintz illustrated some of the properties in the area. A map showing the two tracts of property responding in favor of the request are located. This area is zoned Ranch & Estate by default, as the holding zone for the city, as per the Zoning Ordinance. This area was annexed in December 2011. There are a number of industrial activities in this area, some of which were already in the City limits, and some of which were not. The Vision Plan map calls for "industrial" for this tract and surrounding tracts. Some photos were shown of the surrounding area. Mr. Hintz summarized the criteria required in the Zoning Ordinance to be used in assessing requests for zone changes. He also summarized the Commissions options. The request is fairly isolated, and is consistent with the Vision Plan map for the city. It is also consistent with development patterns in the area. The intensity of the uses surrounding the property is also rather high, so it appears to be compatible. The neighboring properties are predominantly vacant, but are well-suited for industrial development. Sam Tambunga asked if there were any plans at this time for the property being considered. Jennifer Boggs asked for clarification that there are no residential properties within 1/3 mile of the site. Mr. Hintz did confirm this fact. Penny Wilde, representing Frederick Mueller, came forward to speak in favor of the request. They have no immediate plans, but are trying to prepare the property for marketing. Jennifer Boggs asked what kinds of interest was shown in the property thus far, and Ms. Wilde explained that some manufacturing uses had shown interest in the past. No one else came forward to speak in favor or opposition to the request. Joe Grimes stated that this seems like a natural progression for this area. Motion, to approve as presented, was made by Sam Tambunga and seconded by Bill Wynne. The motion passed unanimously, 7-0.
  • 60. 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 3550 Smith Boulevard, located approximately 150 feet south from the intersection of Smith Boulevard and Tractor Trail, more specifically occupying 10.17 Acres from the J. Fenner Survey and 3.38 acres from the J. Pointevent Survey, in northeast San Angelo, changing the zoning classification from Ranch & Estate (R&E) to Heavy Manufacturing (MH) District; PROVIDING FOR SEVERABILITY AND PROVIDING A PENALTYRE: Z 12-12: Frederick Mueller WHEREAS, the applicant seeks to develop the property in accordance with thecitys Comprehensive Plan and Zoning Ordinance. WHEREAS the applicant seeks to market the property and bring business to SanAngelo through zoning the property in accordance with the plans and policies of the city forthe types of businesses that are allowed in an industrial area. 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 withreference to zoning regulations and a zoning map, have given requisite notice by publicationand otherwise, and after holding hearings and affording a full and fair hearing to all propertyowners and persons interested, generally, and to persons situated in the affected area andin the vicinity thereof, is of the opinion that zoning changes should be made as set outherein; 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 enactedby the governing body for the City of San Angelo on January 4, 2000 and included withinChapter 12 of the Code of Ordinances for the City of San Angelo, be and the same ishereby amended insofar as the property hereinafter set forth, and said ordinance generallyand the zoning map shall be amended insofar as the property hereinafter described: 3550Smith Boulevard, located approximately 150 feet south from the intersection of SmithBoulevard and Tractor Trail, more specifically occupying 10.17 Acres from the J. FennerSurvey and 3.38 acres from the J. Pointevent Survey, in northeast San Angelo shallhenceforth be permanently zoned as follows: Planned Development (PD) 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.
  • 61. SECTION 2: That in all other respects, the use of the hereinabove describedproperty shall be subject to all applicable regulations contained in Chapter 12 of the Code ofOrdinances for the City of San Angelo, as amended. SECTION 3: That the following severability clause is adopted with this amendment: SEVERABILITY: The terms and provisions of this Ordinance shall be deemed to be severable in that, if any portion of this Ordinance shall be declared to be invalid, the same shall not affect the validity of the other provisions of this Ordinance. SECTION 4: That the following penalty clause is adopted with this amendment: PENALTY: Any person who violates any provisions of this article shall be guilty of a misdemeanor and, upon conviction, shall be subject to a fine as provided for in Section 1.106 of the Code of Ordinances for the City of San Angelo. Each day of such violation shall constitute a separate offense.INTRODUCED on the 16th day of October, 2012 and finally PASSED, APPROVED ANDADOPTED on this the 6th day of November, 2012. THE CITY OF SAN ANGELO ____________________________________ Alvin New, MayorATTEST:________________________________Alicia Ramirez, City Clerk
  • 62. Approved As To Content: Approved As To Form:_________________________ ________________________AJ Fawver, Planning Manager Lysia H. Bowling, City Attorney
  • 63. City of San AngeloMemo Meeting Date: October 16, 2012 To: City Council members From: Jeff Hintz, Planner Subject: SU 12-02 COSADC, A request for approval of a Special Use to allow for a "Major Entertainment Event," more specifically an off-road racing track and related accessory uses as defined in Section 310.E of the Zoning Ordinance on the following property: Location: 2980 North US Highway 67, located approximately 900 feet south from the intersection of North US Highway 87 and Paulann Boulevard, more specifically occupying 206.205 Acres, in northeast San Angelo. Purpose: Approving this Special Use will allow for a "major entertainment event" on the property. Contacts: Bob Schneeman, Development Coordinator 325-657-4210 Rick Weise, Assistant City Manager 325-657-4241 Jeff Hintz, Planner 325-657-4210 Caption: First Public Hearing and consideration of introduction of an Ordinance amending Chapter 12, Exhibit “A” (Zoning Ordinance) of the Code of Ordinances, City of San Angelo SU 12-02: City of San Angelo Development Corporation AN ORDINANCE AMENDING CHAPTER 12, EXHIBIT “A” OF THE CODE OF ORDINANCES, CITY OF SAN ANGELO, TEXAS, WHICH SAID EXHIBIT “A” OF CHAPTER 12 ADOPTS ZONING REGULATIONS, USE DISTRICTS AND A ZONING MAP, IN ACCORDANCE WITH A COMPREHENSIVE PLAN, BY CHANGING THE ZONING AND CLASSIFICATION OF THE FOLLOWING PROPERTY, TO WIT: 2980 North US Highway 67, located approximately 900 feet south from the intersection of North US Highway 87 and Paulann Boulevard, more specifically occupying 206.205 Acres, in northeast San Angelo.
  • 64. Allowing a Special Use for a "Major Entertainment Event," more specifically an off-road racing track and related accessory uses as defined in Section 310.E of the Zoning Ordinance, on property in a Light Manufacturing (ML) district; PROVIDING FOR SEVERABILITY AND PROVIDING A PENALTY Summary: The City Council may: (1) Approve the proposed Special Use as requested; or (2) Approve the proposed Special Use subject to certain conditions intended, for example, to make it more compatible in its particular environment; (3) Deny the requested Special Use. Recommendation: Planning staff recommends approving the Special Use, subject to conditions as listed below. On September 17, 2012 Planning Commission recommended approval of this request by a vote of 7-0.History and Background: A storm water detention pond is planned to be used for the water collection in this area, as the drainage tends to flow southeast and is a known drainage issue. Water from this detention pond shall be used for dust control measures in the operations of the site. By planning ahead and reusing storm water that would otherwise go to waste, dust can be mitigated without wasting water from the citys supply. General Information Existing Zoning: Light Manufacturing (ML) Existing Land Use: Vacant, undeveloped property Surrounding Zoning/Land Use: North: ML Undeveloped land & animal shelter West: ML US Highway 67 & College South: ML San Angelo Industrial Park East: Un-zoned Fields and undeveloped land
  • 65. Thoroughfares/Streets: North US Highway 67 is classified as a "major arterial" and is designed to connect collector streets to freeways and other arterials carrying large volumes of traffic at high speeds. Access is secondary and mobility is the primary function of these streets.Zoning History: Annexed into the city limits in November of 1997 and rezoned to ML in 1997 in case Z 97-51 in December of 1997.Development Standards: ML zoning has a Floor Area Ratio (F.A.R) of 2Vision Plan Map: Industrial, Commercial & RuralRelated Comp Plan Excerpts: Industrial section goal one of the Comprehensive Plan is to "Organize LULUs (Locally Undesirable Land Uses) into clusters." The Purpose of this goal is to: "Cluster potentially hazardous industries into a limited number (given the size of San Angelo) of larger, isolated areas will minimize negative effects on residential areas, while balancing access to these businesses within the region, rather than putting all of them into one location." “Require a buffer separating commercial, industrial, or agricultural zoned lands from neighborhoods.” “Establish transition areas between commercial areas and nearby neighborhoods.” "Where possible, use major natural or man-made features as boundaries and buffers for these Industrial /Ag areas." "Within Industrial Areas, allow some land to be designated for other compatible uses of commercial employment, to encourage stable employment base." "For activities which tend to have substantial off-site impacts or demands on public services, limit the areas where they are permitted outright, and require additional reviews where they may be appropriate."
  • 66. Special Information Traffic Concerns: Since the property currently sits vacant, and is proposed to hold major races, some heavy additional traffic will be very probable when events are held. Parking Requirements: Vary depending upon the uses and seating configuration for seating/assembly areas on the property. Parking Provided: No paved off-street parking spaces are currently provided. Density: Predominately vacant land and low-density industrial development is present in this area Notification Required: Yes Notifications Sent: 2 Responses in Favor: 0 Responses in Opposition: 0Analysis:In order to approve this request, the City Council members are first required to find that:1. Impacts Minimized. Whether and the extent to which the site plan minimizes adverse effects, including adverse visual impacts, on adjacent properties.2. Consistent with Zoning Ordinance. Whether and the extent to which the proposed special use would conflict with any portion of this Zoning Ordinance, including the applicable zoning district intent statement.3. Compatible with Surrounding Area. Whether and the extent to which the proposed special use is compatible with existing and anticipated uses surrounding the subject land.4. Traffic Circulation. Whether and the extent to which the proposed special use is likely to result in extraordinarily prolonged or recurrent congestion of surrounding streets, especially minor residential streets.5. Effect on Natural Environment. Whether and the extent to which the proposed special use would result in significant adverse impacts on the natural environment, including but not limited to water or air quality, noise, storm water management, wildlife, vegetation, wetlands and the practical functioning of the natural environment.
  • 67. 6. Community Need. Whether and the extent to which the proposed special use addresses a demonstrated community need. 7. Development Patterns. Whether and the extent to which the proposed special use would result in a logical and orderly pattern of urban development in the community. The staff recommendation is based upon the statements listed below. Locating this site near the edge of the city limits in an area that is sparsely populated is consistent with the Zoning Ordinance and Comprehensive Plan. In such a remote location in comparison to the other portions of the city, this site is an optimal location to minimize impacts on adjacent properties. This property is bounded by a US Highway and city owned properties on nearly every side. On the southeast portion there is one business, but given the dense vegetation cover present on the site, and the intention of keeping it there, the business will likely never see the development. In locating a major entertainment event that is sure to generate noise, this location is ideal. The location in proximity to the highway is sure to minimize the impact on surrounding properties and traffic circulation should not be an issue. The highway is designed to accommodate very high volumes of traffic and disperse it in a short amount of time. This location is ideal due to the dense vegetation present on the site. In order to have a racing track, some of the site will certainly need to be cleared or natural features, however the applicant intends to leave the outer edges of the site with vegetation. This is highly consistent with the goals of the Comprehensive Plan which states that natural features shall be used as buffers for agricultural and industrial uses. While a racetrack is not industrial or agricultural in use, its effects on surrounding properties is very similar. There will be a lot of noise from this type of event, even though it is intended to be used only a handful of times a year, and any buffering is going to help to reduce the noise; noise travels much easier across vacant land, a naturally vegetated area will help to absorb some of the sound waves generated during the actual race‡. The design of the proposed racetrack is in the middle of the tracts of land in question, this will also help to minimize the effect of the event on neighboring properties as well. The major entertainment event being proposed is consistent with the surrounding area. Northeast San Angelo is developing as an industrial hub for the community with several high intensity uses. While a racetrack is not manufacturing any physical, tangible good, it is a less intensive land use than what is prevalent in the surrounding area. The majority of the time, this property will likely be vacant and used only on race days and the events leading up to the race. The Comprehensive Plan states that adding compatible uses in an industrial area will help stabilize the commercial employment base. Staff is confident adding this activity to the area will do just that; this development has the potential to add some seasonal jobs and other commercial activities to this part of town where general commercial activities are somewhat limited.‡ Contractor Report, Department of Transport and Road Research Laboratory "The Use of Vegetation for TrafficNoise Screening." Huddart, L. 1990, Crownthorne & Berkshire. http://trid.trb.org/view.aspx?id=353616
  • 68. Staff feels that this major entertainment event fits a community need in this sector oftown. There is currently no venue present for major events in this area of town and theisolated location will ensure that the nearby neighborhood will be able enjoy the events,but will not see or hear the events. By removing the natural vegetation to install aracetrack facility, there will certainly be some effect on the natural environment. Throughplanned storm water mitigation efforts and dust control measures, staff is confident thisdevelopment will not negatively affect surrounding properties or environment.This development is not expected to alter development patterns for the area. Theintroduction of a raceway should not change the character of the area; staff is confidentadding this activity could in fact aid in the development of the area. A few vacant parcelsin this area may develop as a result of this major entertainment event. Opportunitiesthat are not present now, could certainly come to fruition as a result of this development.Staff is confident that the area will remain industrial in character and some additionalretail or associated new industrial developments will only benefit the area. By locatingthe racetrack within the city limits, the applicant will be able to make use of existinginfrastructure, this will not only be a benefit to the natural environment, but to citizens ofSan Angelo as well. By locating in an undeveloped area within the city limits andutilizing existing infrastructure, the developer is limiting the toll on the utility grid andother city services. As a result, city services will not need to be extended into an areathat is currently not serviced.Proposed Conditions1. Leaving a minimum of 100 feet of vegetation on the areas surrounding the racetrack to the west along the highway & south buffering the industrial park to mitigate visual impact and absorb sound from races.2. Potable water shall not be used in dust control measures unless expressly granted permission by the City Council.Attachments: excerpt from zoning map, showing the general location within the City of San Angelo; excerpt from the comprehensive plan’s 2009 vision map; excerpt from zoning map, highlighting subject property; aerial photo, highlighting subject property; Planning Commission Minutes; Site Plan; and Draft ordinance.
  • 69. Presentation: AJ Fawver, Planning ManagerReviewed by: AJ Fawver, Planning Manager (09/06/12)
  • 70. IV. Requests for approval of a special use. [Planning Commission makes recommendation; City Council has final authority for approval.] A. SU 12-02: City of San Angelo Development Corporation (COSADC) A request for approval of a Special Use to allow for a "Major Entertainment Event," more specifically an off-road racing track and related accessory uses as defined in Section 310.E of the Zoning Ordinance on the following property: 2980 North US Highway 67, located approximately 900 feet south from the intersection of North US Highway 87 and Paulann Boulevard, more specifically occupying 206.205 Acres, in northeast San Angelo. Jeff Hintz, Planner, came forward to present the case, consistent with the staff recommendation of approval. Two notifications were sent out, with zero returned in favor or in opposition to the request. Mr. Hintz described the surrounding area, and showed excerpts from the Vision Plan that showed this large tract of property to be split into "industrial", "commercial", and "open space" designations. Some photos of the property were shown. Mr. Hintz summarized the criteria required in the Zoning Ordinance to be part of any proposal for special use. This location is very isolated within the City limits - there are no residences nearby, and the City is the main property owner in the immediate area. There are many industrial uses in this area, and it is very open. Staff does propose some sound mitigation. While there would be some noise, business nearby is generally not conducted during the weekends when races would be held at this location. The proposal should not alter development patterns and should actually augment the existing uses in this area, providing entertainment activity where there currently is none. Proposed vegetation to remain will help with sound mitigation. The high side of the track is proposed to be located in a way that will direct sound towards the vacant property and not at residential areas. The track location is isolated, and water for the track will be provided by storm water directed to the aforementioned pond rather than using potable water. The Chairman asked if staff felt that the conditions proposed were sufficient for this use, and Mr. Hintz replied that they do. Mr. Hintz also showed the proposed layout of streets into and through this tract, conforming to the original preliminary plat for this tract, thus providing some traffic circulation around the site that could be beneficial. Rick Weise, Assistant City Manager, came forward to explain that Lucas Oil had been in town last week, working on arrangements for the site. No one else came forward to speak in favor or in opposition. Darlene Jones asked if there would be any test runs throughout the week. Rick Weise came forward to answer, explaining that would potentially happen once or twice a year, prior to the event. Jennifer Boggs asked Mr. Weise what other types of events could or would be held at this site. Mr. Weise explained that Lucas is building
  • 71. the track themselves, and that their racing series has races in different cities once ayear. There is also the potential for tractor pulls at this location. Lastly, they doencourage regional racing events that could also develop several times a year at thislocation. Ms. Boggs also asked about water and sewer connections. Mr. Weiseexplained that the location is unique as opposed to other sites because there aresewer and water mains near the site. However, for now, they will bring in porta-pottyfacilities to serve the attending and participating public.Motion, to approve as presented, was made by Darlene Jones and seconded byJennifer Boggs. The motion passed unanimously, 7-0.
  • 72. TR. L M.TR TR. L3 San Angelo Gateway Phase IITR. G El ec tricT ra ns m iss ion Lin e ine io nL Detention m i ss a ns Pond ic Tr tr TR. A Elec 2 2 1 SAN ANGELO 3 GATEWAY ADDN. SAN ANGELO 1 GATEWAY ADDN. 1 3 TR. A 2
  • 73. 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: 2980 North US Highway 67, located approximately 900 feet south from the intersection of North US Highway 87 and Paulann Boulevard, more specifically occupying 206.205 Acres, in northeast San Angelo, approving a Special Use allowing a major entertainment event, more specifically an off-road racing track and related accessory uses on property in a Light Manufacturing (ML) district; PROVIDING FOR SEVERABILITY AND PROVIDING A PENALTYRE: SU 12-02: COSADC WHEREAS, the applicant seeks to bring a large entertainment event to San Angelo andhas found a location to do so that is consistent with the Comprehensive Plan and ZoningOrdinance for the city; and WHEREAS, the applicant seeks to be a good steward of property and develop saidproperty in accordance with city standards and regulations so a major entertainment event maybe held for the public to attend; and 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: 2980 North US Highway 67,located approximately 900 feet south from the intersection of North US Highway 87and Paulann Boulevard, more specifically occupying 206.205 Acres, in northeast SanAngelo, shall have a Special Use allowing a major entertainment event, more specificallyan off-road racing track and related accessory uses in a manufacturing zoning district onthe property. Said special uses shall have no fundamental effect upon its underlying or basezoning classification.
  • 74. 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. 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. SECTION 5: That the use of this subject property allowed under this Special Use approval shall be limited to the following conditions: 1. Leaving a minimum of 100 feet of vegetation on the areas surrounding the racetrack to the west along the highway & south buffering the industrial park to mitigate visual impact and absorb sound from races. 2. Potable water shall not be used in dust control measures unless expressly granted permission by the City Council.INTRODUCED on the 16th day of October, 2012 and finally PASSED, APPROVED ANDADOPTED on this the 6th day of November, 2012. THE CITY OF SAN ANGELO ______________________________________ Alvin New, Mayor
  • 75. ATTEST:_________________________________Alicia Ramirez, City ClerkApproved As To Content: Approved As To Form:_________________________ ________________________AJ Fawver, Planning Manager Lysia H. Bowling, City Attorney
  • 76. City of San AngeloMemo Meeting Date: October 16, 2012 To: City Council members From: Jeff Hintz, Planner Subject: PD 12-04:COSA Civic Events, A request for approval of a zone change from Single-Family Residential (RS-1) to Planned Development (PD) to specifically allow “soccer and athletic related activities and accessory uses” on the following property: Location: 1601 Glenna Street, located on the property known as the "Soccer Complex," more specifically occupying approximately 62 acres of land between the city limits boundary and western right-of-way line for Glenna Street in western San Angelo. Purpose: Approval of this request would zone the property Planned Development (PD) Contacts: Anthony Wilson, Civic Events 325-653-9577 Jeff Hintz, Planner 325-657-4210 Caption: First Public Hearing and consideration of introduction of an Ordinance amending Chapter 12, Exhibit “A” (Zoning Ordinance) of the Code of Ordinances, City of San Angelo PD 12-04: COSA Civic Events 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: 1601 Glenna Street, located on the property known as the "Soccer Complex," more specifically occupying approximately 62 acres of land between the city limits boundary and western right-of-way line for Glenna Street in western San Angelo, changing the zoning classification from Single-
  • 77. Family Residential (RS-1) to Planned Development (PD) District; PROVIDING FOR SEVERABILITY AND PROVIDING A PENALTY Summary: The City Council may: (1) Approve the proposed zone change; (2) Modify the conditions of the Planned Development to those believed to be more appropriate; (3) Remand the application to the Planning Commission, for consideration of some alternative zoning classification believed to be more appropriate, in which case another public hearing will need to be scheduled; or (4) Deny the proposed zone change. Recommendation: Planning staff recommends approving the proposed zone change. On September 17, 2012 Planning Commission recommended approval of this request by a vote of 6-1.History and Background: General Information Existing Zoning: Single-Family Residential (RS-1) Existing Land Use: Soccer Complex with fields and associated facilities Surrounding Zoning/Land Use: North: RS-1 Undeveloped federal property West: Un-zoned Undeveloped property outside city limits South: R& E Low density single-family residences East: RS-1, CH & CG Mainly residences, some low intensity business 2
  • 78. Thoroughfares/Streets: Glenna Street is classified as an "arterial street" and is designed to connect collector streets to freeways and other arterials carrying large volumes of traffic at high speeds. Access is secondary and mobility is the primary function of these streets.Zoning History: No previous zoning history on this property. The property has been zoned RS-1 since 1954Development Standards: All required off-street parking and the connection(s) to a public right-of-way are required to be paved.Vision Plan Map: Open SpaceRelated Comp Plan Excerpts: “Today, the City’s current level of parkland is so significant that some parks are considered underutilized. This is due in part to the fact that some are misplaced and inaccessible, yet others are mismatched to the populace it is serving. In an effort to promote and preserve this community commodity, parkland in key locations may need to be re- purposed.” Goal 2 of the open space section of the Comprehensive Plan states that: “The Triple Bottom line is a standard for community accounting that appropriates an expanded spectrum of values and criteria for measuring success; assigning values for potential economic, environmental and social improvements. Economic value can include private profits and increased tax base. Environmental value equates to protected and improved natural resources; air and water quality. Social value can be found in places that are pleasant to be in, suitable for gathering and socialization that enhance the image of the community. Leverage all existing and proposed new parks and open space into high quality private investment that creates a return on investment in the way of social, environmental, and economic capital.” 3
  • 79. Sign Regulations: 12.603.C.9 of the Sign Ordinance states that, internal signs are, "Signs not intended to be viewed from public streets or adjacent properties such as signs in interior areas of shopping centers or other commercial buildings, ball parks, stadiums and similar uses." These signs are allowed in any zoning district and do not require a permit. Special Information Traffic Concerns: Changing the zoning from residential to Planned Development is not going to change the use of the property or alter traffic patterns. During tournaments & games there will be heavier traffic (as already) but a majority of the time the property is vacant. Parking Requirements: Vary depending upon the use of the property. See Section 511 of the zoning ordinance. Parking Provided: One paved lot is currently provided, two other un- paved lots exist on the property. Density: Predominantly medium density residential development is prevalent east across Glenna Street. Near the south of the property the density is much less and there are some low density commercial developments. Notification Required: Yes Notifications Sent: 25 Responses in Favor: 0 Responses in Opposition: 2Analysis: In order to approve this zone change request, the City Council members are first required to consider the following criteria: 1. Compatible with Plans and Policies. Whether the proposed amendment is compatible with the Comprehensive Plan and any other land use policies adopted by the Planning Commission or City Council. 4
  • 80. 2. Consistent with Zoning Ordinance. Whether and the extent to which the proposed amendment would conflict with any portion of this Zoning Ordinance.3. Compatible with Surrounding Area. Whether and the extent to which the proposed amendment is compatible with existing and proposed uses surrounding the subject land and is the appropriate zoning district for the land.4. Changed Conditions. Whether and the extent to which there are changed conditions that require an amendment.5. Effect on Natural Environment. Whether and the extent to which the proposed amendment would result in significant adverse impacts on the natural environment, including but not limited to water and air quality, noise, storm water management, wildlife, vegetation, wetlands and the practical functioning of the natural environment.6. Community Need. Whether and the extent to which the proposed amendment addresses a demonstrated community need.7. Development Patterns. Whether and the extent to which the proposed amendment would result in a logical and orderly pattern of urban development in the community.The staff recommendation is based upon the statements listed below.This Planned Development is not expected to alter development patterns and isconsistent with the goals of the zoning ordinance and plans of the city. This park hasbeen successful for several years as the soccer complex for the city and thisdevelopment is expected to continue. The conditions listed within the ordinance limit thecoverage of buildings and the setbacks the buildings need to achieve. The conditions ingeneral really limit the development that is possible on this property which is preciselythe intent of the Comprehensive Plan for this area. This park serves as a buffer to theneighborhood and should the un-zoned un-annexed property to the west ever becomedeveloped, it will be essential to keep this buffer in place for the protection of the verysubstantial neighborhood to the east. Using a park as a separation between aneighborhood and other more intense development is exactly the intent of the openspace section of the Comprehensive Plan.This zone change is not expected to have any effect on the natural environment as apark is a very low intensity use that generates little noise and no pollution. Although thesoccer fields have been used for some time, their effect on the neighborhood has beenalmost non-existent in staffs opinion. Aside from some cheering and general noisesassociated with a sporting event, this area is nearly as natural as can be nearly all thetime. The right-of-way for Glenna Street is wide enough that the noises generatedduring games are not discernible to the residences in the area. Every community needssafe locations for citizens to enjoy the outdoors and exercise, this property is ideal for 5
  • 81. just that. Being located near an established residential neighborhood makes the soccerfields easy to get to and close enough young children dont need transportation to getthere. Even if this land was vacant and not used as a soccer complex, staff would stillbe inclined to recommend approving this proposal for the property. Signage indentifyingthe field is limited to one sign at eight square feet under the current RS-1 zoning; byzoning the property appropriately the city is making an effort to be a good steward of itsown policies and regulations concerning city property.Due to the limits the Planned Development is placing on the property, the park willremain consistent with the surrounding area. An extremely low Floor Area Ratio (FAR)substantially limits the buildings and structures that will be allowed to be built on theproperty. By limiting the development that is possible on the portion of the propertyclosest to residences, the neighborhood to the south of the property will continue toflourish as it has for years. In addition, by not allowing access to the property fromFisher Street and Mercedes Avenue, the neighborhood will remain protected from trafficthat is not intended for local neighborhood streets. Staff feels keeping the southernportion of the soccer complex undeveloped is consistent with the goals of thecomprehensive plan seeking to buffer residences and neighborhoods from higherintensity uses; while a soccer park is just a slight step above the intensity of aneighborhood, this buffer is still important to keep intact. This buffer presently existstoday in the form of undeveloped land and a vegetated area, staff believes it would beextremely beneficial for everyone involved to keep this area undeveloped, the same asit is today. The soccer complex property is intended remain unchanged and willcontinue to be used as a soccer complex and thus will not require amending the visionplan to accommodate this zone change request.The signage is necessary as a part of this development as the sign regulations underRS-1 zoning allow for just one sign that is eight square feet in size, hardly visible for a62 acre soccer complex. The applicant has requested three signs be placed that identifythe soccer complex along Glenna Street on this property. Given that the frontage here isnearly two thirds (2/3) of a mile, three signs, (one near the entrance of each parking lot)is not an unreasonable request and will provide a minimal intrusion to neighboringproperties. At the same time, the three signs will help the city to achieve the goal withinthe Comprehensive Plans open space section. That goal seeks to create a return oninvestment by leveraging economic capital for park land. Allowing field sponsorshipidentification signs similar to that at Texas Bank Sports Complex, is exactly the way thisgoal of the Comprehensive Plan is accomplished.By not allowing off-site signs, and allowing three complex signs only, the park will not bea cluttered advertising zone that has detrimental effects on neighboring properties anddevelopments. By simply following the sign code, up to seven free-standing signs wouldbe allowed along this frontage; this simply is not appropriate in an area so visible to theresidential development that is prevalent in the area. By limiting the signage placementlocations to only three, impacts on surrounding properties will be greatly reduced and 6
  • 82. minimized. The three signs allowed to be placed are intended to have the name of thecomplex and the naming rights, similar to that of the Texas Bank Sports Complex at thebaseball fields. By limiting the amount of signs and locations where signage may beplaced, the soccer fields will keep their open feel and remain a relaxing place forcitizens to get exercise. While some field sponsorship signs are allowed within the signcode, as they are intended for internal viewing only, this ordinance specifically statesthat the internal signs will not be readable from Glenna Street.Proposed ConditionsConditions of the Planned Development are listed in the draft ordinance at the end ofthis report in sections 5 through 14.Attachments: excerpt from zoning map, showing the general location within the City of San Angelo; excerpt from the comprehensive plan vision map highlighting the subject property; excerpt from zoning map, highlighting subject property; aerial photo, highlighting subject property; citizen responses; draft minutes; and draft ordinance.Presentation: AJ Fawver, Planning ManagerReviewed by: AJ Fawver AICP, Planning Manager (09/06/12) 7
  • 83. 9
  • 84. 10
  • 85. 11
  • 86. B. PD 12-04: City of San Angelo Civic Events A request for approval of a zone change from Single-Family Residential (RS-1) to Planned Development (PD) to specifically allow “soccer and athletic related activities and accessory uses” on the following property: 1601 Glenna Street, located on the property known as the "Soccer Complex," more specifically occupying approximately 62 acres of land between the city limits boundary and western right-of-way line for Glenna Street in western San Angelo.Jeff Hintz, Planner, came forward to present the case, consistent with the staffrecommendation of approval. Twenty-five notifications were sent out, with zeroreturned in favor and two received in opposition. The subject propertys location wasarticulated by Mr. Hintz. There is federally-owned property in the immediate vicinityto the west, as well as a large residential area across Glenna Street to the east.There is also R&E zoning to the south of the site, and some businesses to thesoutheast. The Vision Plan map calls for "open space" at this location. Staffbelieves that a soccer complex is in keeping with that idea of open space, as fieldsand very few buildings are typical. In fact, this property has already developed withsoccer fields. Some photos were shown of the immediate area. There are alsoparking areas, a concession stand, and restroom facilities at this site. At this time,there is no proposal to add development or change the traffic access to and from thesite. Mr. Hintz also summarized the choices for the Commission. This area is andhas been zoned residential since 1954. Staff finds that RS-1 is not appropriate for asoccer complex. The use of the site is not intended to change, but there is notanother type of zoning classification more appropriate for this type of unique usebetter than a Planned Development district. This request follows the intent of thearea and the Comprehensive Plan. Standard zoning districts that are commercial innature would allow this type of use, but would also allow other uses which are notappropriate this close to a residential neighborhood of relatively low density. Mr.Hintz read some excerpts from the Comprehensive Plan that relate to this request.This type of zoning is actually more restrictive than any other type of zoning district,while still being appropriate for this use. This park is very accessible andappropriate to the nearby neighborhood. There will be some signs placed at the siteas shown in the proposed site plan, in three locations only. This proposed ordinanceonly allows soccer fields with accessory uses. The field identification signage hasheight and size limitations, and field advertisement signage for internal viewing only.This ordinance would also promote very limited lot coverage, that would be requiredto adhere to the proposed site plan. Staffs proposal for lot coverage is incrediblylow, to help to preserve the open space intent of this area. There was some concernof the surrounding neighborhood regarding expansion of the fields and trafficnetwork. Once concerned citizens understood that no expansion was planned, mostconcerns were mitigated. This proposal would allow one consistent zoning districtfor the entire site, in keeping with the city policy on rezoning portions of lots, whichcan have negative consequences and create issues in development. The site plan,which is part of the ordinance, also reserves the area to the south to beundeveloped, for further assurances of changes of the site. The site plan alsospecifies exactly where signage may be placed.
  • 87. Joe Grimes asked for confirmation that nothing about the site is changing. Mr. Hintzexplained that the three signs would be the only change in use. Jennifer Boggsasked about the calls that were fielded, and whether or not any of them came fromthe north, or just the south.Sebastian Guerrero asked for clarification as to what the boundaries of the site were.Mr. Hintz clarified this for the Commission. Sam Tambunga asked for clarification asto where the signs would be placed. While the Sign Ordinance would allow up toseven signs for the area, the proposed ordinance would only allow a maximum ofthree. Darlene Jones asked about the letters in opposition. Mr. Hintz also explainedthat the notifications returned in opposition were returned before the site plan wasreceived by those within the notification area; after the site plan was sent out, nonotifications were returned. Jennifer Boggs asked if these signs would take upparking spaces, and Mr. Hintz didnt believe any spaces would be taken up. BillWynne asked if the signs would be identification signs or advertising primarily. TheChairman helped to clarify the intent behind the request - for the City to take theopportunity to "lock down" the zoning and further restrict what could happen on theproperty in a consistent way.Anthony Wilson, Public Information Officer, came forward to speak in favor of thisrequest. He discussed the CityWise plan for selling naming rights for City facilities inorder to help reclaim some of the costs of operating these facilities. The intent herewould market the soccer complex in a way similar to the other City facilities, like theTexas Bank Sports Complex. There will also be internal advertising signage thatcannot be viewed from the street. Jennifer Boggs asked if there were otherunintended consequences that could take place as a result of the ordinance, such asfence height. Mr. Hintz noted that the fence height is allowed to be higher aroundthe fields, but the fence height around the parking lots should be a consistent height.Mr. Wilson also mentioned that the sign locations had been chosen in a way thatwould not interfere with operations of the site or the corresponding parking.No one else came forward to speak in favor or opposition of the request.Darlene Jones mentioned her concern that signage would be distracting to themotorists travelling down Glenna. Jennifer Boggs agreed that the traffic was aconcern for her as well. She would encourage the City to invest in traffic mitigationmeasures along this corridor. Bill Wynne mentioned that the signs would allow trafficto see where they are going and need to turn in. Mr. Hintz also explained that thesignage could help traffic navigate where they are going. Joe Grimes asked if thisrequest had to go to the City Council, and Mr. Hintz reminded them that it would.Joe Grimes suggested that Council look into traffic mitigation measures for safetyalong this corridor.Motion, to approve as presented, was made by Joe Grimes and seconded byJennifer Boggs. The motion passed unanimously, 6-1, with Darlene Jones voting inopposition.
  • 88. 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: 1601 Glenna Street, located on the property known as the "Soccer Complex," more specifically occupying 62.85 acres of land between the city limits boundary and western right- of-way line for Glenna Street in western San Angelo, more fully described as metes and bounds in attached “Exhibit A,” changing the zoning classification from Single-Family Residential (RS-1) to Planned Development (PD) District; PROVIDING FOR SEVERABILITY AND PROVIDING A PENALTYRE: PD 12-04: City of San Angelo Civic Events WHEREAS, the City of San Angelo Civic Events Division seeks to identify theproperty as the Soccer Complex for users and visitors alike by erecting field identificationsignage; and WHEREAS the City of San Angelo seeks to follow the guidelines and ordinancesgoverning everyone within the City Limits, by zoning this property in accordance with aComprehensive Plan and appropriate Zoning designation; and WHEREAS the City of San Angelo seeks to maintain property and be a responsibleneighbor by adhering to the site plan in this ordinance and maintain a soccer complex for thecitizens and visitors of San Angelo to enjoy; and 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 withreference to zoning regulations and a zoning map, have given requisite notice by publicationand otherwise, and after holding hearings and affording a full and fair hearing to all propertyowners and persons interested, generally, and to persons situated in the affected area andin the vicinity thereof, is of the opinion that zoning changes should be made as set outherein; 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 enactedby the governing body for the City of San Angelo on January 4, 2000 and included withinChapter 12 of the Code of Ordinances for the City of San Angelo, be and the same ishereby amended insofar as the property hereinafter set forth, and said ordinance generallyand the zoning map shall be amended insofar as the property hereinafter described: 1601Glenna Street, located on the property known as the "Soccer Complex," morespecifically occupying 62.85 acres of land between the city limits boundary and
  • 89. western right-of-way line for Glenna Street in western San Angelo shall henceforth bepermanently zoned as follows: Planned Development (PD) District for soccer fields.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 describedproperty shall be subject to all applicable regulations contained in Chapter 12 of the Code ofOrdinances for the City of San Angelo, as amended. SECTION 3: That the following severability clause is adopted with this amendment: SEVERABILITY:The terms and provisions of this Ordinance shall be deemed to be severable in that, if anyportion of this Ordinance shall be declared to be invalid, the same shall not affect the validityof 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 ofOrdinances for the City of San Angelo. Each day of such violation shall constitute aseparate offense. SECTION 5: Except as otherwise specified or limited below, the use anddevelopment of the subject property shall generally conform to a Ranch & Estate (R & E)zoning district. All activities shall be limited to those associated with soccer fieldsdetermined by the Planning Director and Parks Director for the City of San Angelo. SECTION 6: Complex identification signage placement shall be allowed only in thethree locations and sizes as directed in Exhibit C of this ordinance and shall conform to theplacement guidelines as outlined within the Sign Ordinance. Signs shall not be internallyilluminated under any circumstance. SECTION 7: Pole type signs will only be allowed in the areas marked A -C onExhibit C and have a maximum height of 20 feet. SECTION 8: Field advertisement signs shall be intended for internal viewingonly; no field advertisements shall be large enough that they are readable from, norshall they face, Glenna Street. No "off site" signs shall be permitted. SECTION 9: Buildings and structures shall be allowed and placed subject to thestandards listed below:
  • 90. A. All buildings and structures shall be set back a minimum of 50 feet from any property line. B. Structures and buildings shall have a maximum height of one story, or 18 feet, whichever is greater. C. Lot coverage of buildings and structures shall not exceed one third of one percent (.33%) of the sites total area. D. Any structures or buildings planned which are not illustrated on the concept plan in Exhibit C shall require an amendment to the Exhibit C approved by both the Planning Commission and City Council. SECTION 10: Outdoor storage shall not be permitted at any location on site. SECTION 11: Fencing for the site shall be allowed at a height of 15 feet alongfields of play and shall be comprised of a see through "cyclone fencing" or suitablematerial as approved by the Planning Manager; the front yard requirement limiting fenceheight shall be waived along soccer fields for this Planned Development District. Allother locations of fences shall conform to the guidelines for fences in the ZoningOrdinance for the City of San Angelo. SECTION 12: Access to the site shall not be allowed from Fisher Street orMercedes Avenue. SECTION 13: The area identified in Exhibit B at the far south end of the propertyshall remain open and undeveloped with no signage of any kind, (except for signsrequired by law for public safety) buildings, or structures allowed. SECTION 14: The site layout shall generally conform to the site plan in thisordinance identified as Exhibit C.INTRODUCED on the 16th day of October, 2012 and finally PASSED, APPROVED ANDADOPTED on this the 6th day of November, 2012. THE CITY OF SAN ANGELO ____________________________________ Alvin New, Mayor
  • 91. ATTEST:________________________________Alicia Ramirez, City ClerkApproved As To Content: Approved As To Form:_________________________ ________________________AJ Fawver, Planning Manager Lysia H. Bowling, City Attorney
  • 92. Exhibit A – Legal Description
  • 93. Exhibit A- Legal Description, continued
  • 94. Exhibit C - Site Plan
  • 95. City of San AngeloMemo Meeting Date: October 16, 2012 To: City Council members From: Jeff Hintz, Planner Subject: Z 12-11: Benito Jacobo, A request for approval of a zone change from Two Family Residential (RS-2) to Neighborhood Commercial (CN) to specifically allow “Retail Sales & Service” as defined in Section 315.G of the Zoning Ordinance on the following property: Location: 1612 Hill street, on the southeast corner of the intersection of West Avenue L and Hill Street, more specifically occupying The Fort Concho Addition, Block 115, Lot 1, in central San Angelo. Purpose: Approval of this request would zone the property Neighborhood Commercial (CN) Contacts: Benito Jacobo, property owner 325-653-3004 Jeff Hintz, Planner 325-657-4210 Caption: AN APPEAL OF PLANNING COMMISSIONS DECISION TO DENY CASE NUMBER Z12-11, REQUESTING APPROVAL OF ZONE CHANGE FROM TWO FAMILY RESIDENTIAL (RS-2) TO NEIGHBORHOOD COMMERCIAL (CN), SPECIFICALLY AT 1612 HILL STREET, ON THE SOUTHEAST CORNER OF THE INTERSECTION OF WEST AVENUE L AND HILL STREET, MORE SPECIFICALLY OCCUPYING THE FORT CONCHO ADDITION, BLOCK 115, LOT 1 IN CENTRAL SAN ANGELO. Summary: The City Council may: (1) Approve the proposed zone change to Neighborhood Commercial (CN); or (2) Deny the proposed zone change to Neighborhood Commercial (CN): or (3) Remand the application to the Planning Commission, for consideration of some alternative zoning classification believed to be more appropriate, in which case another public hearing will need to be scheduled.
  • 96. Section 212.E.4 of the Zoning Ordinance states that, "Where the Planning Commission has recommended denial of the proposed amendment, or written protest against such amendment is made and signed by (a) the owners of 20 percent or more of the area subject to the zone change or (b) the owners of 20 percent or more of the area within 200 feet of the affected area, then the proposed amendment shall require a favorable vote of at least three-fourths of all the members of the City Council to become effective. The area of rights-of-way and streets shall be included in any computation of land area under this subsection."Recommendation: Planning staff recommends denying the proposed zonechange.Planning Commission recommended denying this request by a vote of 3-1.History and Background:General Information Existing Zoning: Two-Family Residential (RS-2) Existing Land Use: Vacant lot Surrounding Zoning/Land Use: North: RS-2 & ML Single-Family residence & vacant lot West: CG/CH Restaurant and business South: RS-2 Single-Family residences East: RS-2 Single-Family residence Thoroughfares/Streets: West Avenue L is defined as an “arterial street”, which is designed to connect collector streets to freeways and other arterials carrying large volumes of traffic at high speeds. Access is secondary and mobility is the primary function of these streets. Hill Street is defined as a “local street,” and carries light neighborhood traffic at lower speeds and generally connects to collector streets. Zoning History: No previous zoning history on this property. The property has been zoned RS-2 since 1954 2
  • 97. Applicable Regulations: Any time a commercial use abuts a residential district or use, an opaque privacy fence is required. Development Standards: All required off-street parking and the connection(s) to a public right-of-way are required to be paved. Vision Plan Map: Neighborhood Related Comp Plan Excerpts: The Neighborhood Section of the Comprehensive Plan states that the intention is to "preserve and reinforce the stability and diversity of San Angelo neighborhoods while allowing for increased density in order to attract and retain long term residents and businesses, and ensure the citys residential quality and economic vitality." “Promote better transition between nearby commercial and residential use of land and buildings.” “Require a buffer separating commercial, industrial, or agricultural zoned lands from neighborhoods.” “Establish transition areas between commercial areas and nearby neighborhoods.” "...incentivize new retail in infill locations within a defined framework." "...ensure infill and redevelopment projects are compatible with existing neighborhood scale."Special Information Traffic Concerns: Changing the zoning from residential to commercial will certainly generate additional traffic than if the property remained as-is. Hill street is a local street, not designed for commercial traffic. West Avenue L is an arterial and an un-signalized 3
  • 98. intersection with multiple access points (driveways) is a recipe for a hazardous situation. Parking Requirements: Vary depending upon the use of the property. See Section 511. Parking Provided: No parking spots are currently provided on the lot Density: Predominantly medium-density residential in the surrounding areas. The Vision Plan also calls for a continuation of the future development of this area as a neighborhood. Notification Required: Yes Notifications Sent: 15 Responses in Favor: 0 Responses in Opposition: 2Analysis: In order to approve this zone change request, the Planning Commission members are first required to consider the following criteria: 1. Compatible with Plans and Policies. Whether the proposed amendment is compatible with the Comprehensive Plan and any other land use policies adopted by the Planning Commission or City Council. 2. Consistent with Zoning Ordinance. Whether and the extent to which the proposed amendment would conflict with any portion of this Zoning Ordinance. 3. Compatible with Surrounding Area. Whether and the extent to which the proposed amendment is compatible with existing and proposed uses surrounding the subject land and is the appropriate zoning district for the land. 4. Changed Conditions. Whether and the extent to which there are changed conditions that require an amendment. 5. Effect on Natural Environment. Whether and the extent to which the proposed amendment would result in significant adverse impacts on the natural environment, including but not limited to water and air quality, noise, storm water management, wildlife, vegetation, wetlands and the practical functioning of the natural environment. 4
  • 99. 6. Community Need. Whether and the extent to which the proposed amendment addresses a demonstrated community need.7. Development Patterns. Whether and the extent to which the proposed amendment would result in a logical and orderly pattern of urban development in the community.The staff recommendation is based upon the statements listed below.This property and the property to the east, south and north has been zoned as Two-Family Residential (RS-2) since 1954. The area south of West Avenue L has been verysuccessful as a neighborhood for approximately six decades despite the encroachmentof a manufacturing zone to the northwest and the highly intensive CG/CH zoningsurrounding the neighborhood on the east and west. This neighborhood is still verysuccessful to this day despite being surrounded on two sides by two of the mostintensive zoning categories in the city. Introducing additional commercial zoning to thearea could have detrimental effects on its continued success.While there are vacant lots in the area, the majority of the RS-2 lots prevalent here areoccupied by residential uses in good maintenance. Nearly all of the CG/CH property tothe west of this subject property is occupied by residences. The CG/CH zone west ofthe property extends towards South Bryant Boulevard, but even when examining theseproperties, they also are overwhelmingly residential until one approaches the propertiesadjacent to South Bryant, those properties are commercial in nature.Introducing a commercial zone in this area would have serious potential to alter thealready highly successful residential development in the area. The overallneighborhood area is surrounded on every side by commercial zoning and this enclaveof residences needs to be protected from commercial encroachment. Introducing acommercial zone immediately adjacent to a residential property is not consistent withthe goals of the zoning ordinance and Comprehensive Plan. Staff does realize there is acommercial zoning designation present to the west, across Hill Street however thisdoes not mean its a good fit for the area. Occasionally a neighborhood could use acommercial property to introduce businesses, however this is certainly not the case inthis area. The commercial property available in this area has been filled for decadeswith residential development leading staff to believe the commercial areas surroundingthe neighborhood serve the neighborhood sufficiently.Staff does not feel that this proposal is serving a demonstrated community need in thislocation. As previously mentioned, there is commercial development and zoningsurrounding this neighborhood. Any more would be unnecessary as many of the currentcommercial properties around this neighborhood already have vacancies. Adding morecommercial zoning in an area with vacant commercial properties would be contrary tothe comprehensive plans intent to promote infill development within the community.Commercial development directly adjacent to successful, lower density residential 5
  • 100. development is not consistent with the goals of the zoning ordinance or developmentpatterns of the area. This area is residential in nature and character despite the arterialstreet status of West Avenue L.While West Avenue L is designed to carry high volumes of traffic, it is also designed tohave limited access points. In addition, Hill street is a local street and is not designed tobe carrying the high volumes of traffic commercial development can bring. Staff doesrecognize that Avenue L is highly trafficked, however the function of Avenue L is toconnect this residential neighborhood, full of local streets, to South Bryant Boulevardand South Chadbourne Street (streets designed to carry much heavier traffic).Generally speaking, commercial developments require significantly more parking than aresidence will; this paving requirement will certainly have some effect on the naturalenvironment at this property. In addition, the current proposal to have the buildingrented to small partys will certainly generate some noise, this could also have adetrimental effect on the current and future uses of the property in the near vicinity.In addition, the applicant also owns a vacant lot to the west, across Hill Street that isalready zoned commercial and would allow the proposal. Again, infill development ishighly encouraged within the Comprehensive Plan and the applicant already ownsproperty that is zoned appropriately for this use. Adding more commercial property tothe area is not required for the applicant to complete this project. Having people leavethe facility the applicant owns on the west side of Hill Street, and crossing Hill street togo to a meeting room or party facility to the east, has some potential safety risk. The lotthe applicant owns that is already vacant & commercially zoned, does not requirepatrons to cross a street.The "Neighborhood" section of the Comprehensive Plan does not mean "Commercial,"or "Neighborhood Center." The goals of the "Neighborhood" section of theComprehensive Plan are aimed at fostering residential development in harmony withresponsible commercial development. To approve a zone change to a commercialdesignation here would require an amendment to the Vision Plan portion of theComprehensive Plan. Staff would not recommend this for many of the same reasonsmentioned within this report. There are plenty of commercial properties around thisneighborhood and adding more potential commercial properties simply does not makesense when so many are currently vacant. The area is not lacking commercialopportunities when numerous commercial properties sit empty for the area in general.Proposed Conditions N/A 6
  • 101. Attachments: excerpt from zoning map, showing the general location within the City of San Angelo; excerpt from the comprehensive plan vision map highlighting the subject property; excerpt from zoning map, highlighting subject property; aerial photo, highlighting subject property; responses in opposition to request; draft minutes from Planning Commission; and draft ordinance.Presentation: AJ Fawver, Planning ManagerReviewed by: AJ Fawver AICP, Planning Manager (08/09/12) 7
  • 102. 9
  • 103. 10
  • 104. 11
  • 105. C. Z 12-11: Benito Jacobo A request for approval of a zone change from Two Family Residential (RS- 2) to Neighborhood Commercial (CN) to specifically allow “Retail Sales & Service” as defined in Section 315.G of the Zoning Ordinance on the following property: 1612 Hill street, on the southeast corner of the intersection of West Avenue L and Hill Street, more specifically occupying The Fort Concho Addition, Block 115, Lot 1, in central San Angelo.Jeff Hintz, Planner, came forward to present this request, consistent with the staffrecommendation of approval. There were 15 notifications sent, with 0 returned infavor, and 2 returned in opposition of the request. Mr. Hintz distributed thesenotifications to the Commission members. Mr. Hintz showed a map of the propertieswho returned a notification in opposition to the request. The Vision Plan map callsfor this area to be "neighborhood" in development, with "commercial" development tothe northwest of the site. There is some vacant property, and residentialdevelopment along the block. Immediately west of the vacant property is a medicalsupply office and a small diner. There is also a vacant property nearby that isalready zoned for commercial use (CG/CH). There are legally non-conformingresidences also within this CG/CH zoning district. While there is some commercialuse, the predominant land use is residential. The propertys (and vicinitys) RS-2zoning has been in place since 1954. There is also a large amount of RS-2 zoningwithin the immediate area. Mr. Hintz reviewed some of the key ideas within theComprehensive Plan that speak to protection of neighborhoods and their fragilenature. This request is not consistent with the Vision Plan map for the area. Theneighborhood has already been encroached upon with ML zoning and CG/CHzoning, both of which are very intensive land uses. The change as proposed herewould not be consistent with the goals he previously outlined. This could also alterdevelopment patterns within the area. Allowing commercial at this designationwould only further surround this inner-ring neighborhood with commercial uses. Thiscould lead to the "growing together" of the commercial strips to the east and west ofthis neighborhood. There is already CN zoning to the south roughly 1-1/2 blocksfrom the subject property. The request is not compatible with the intent of theZoning Ordinance. Even the presence of many single-family homes within theCG/CH zoning illustrates the longevity of this neighborhood. He outlined the usesthat are not residential within that CG/CH zoning district.The applicant owns vacant commercial lot that will work for this purpose that isapproximately the same size, and there are numerous vacant commercially-zonedproperties nearby. This could also exacerbate the problem of the existing business(diner) lacking proper off-street parking by pulling pedestrian traffic back and forthacross the street. Noise and potential for litter from the party area could have adetrimental effect on neighboring properties. If substantial upgrades were done atthis business, they would be required to provide off-street parking. Mr. Hintzreminded the Commission that there is no ability to place conditions on a zonechange, and as such, it would be place according to the setback requirements of that
  • 106. zoning district (which are minimal as opposed to residential zoning, which seeks tomaintain openness).Sebastian Guerrero asked some questions about the vacant lots size. There wereno other questions for staff.The applicants son, David Jacobo, came forward to speak in favor of this request.He pointed out that they are between Bryant and Chadbourne and that Avenue L is afour-lane corridor. He stated that he would not be requesting this type of use if itwere not for those facts. Hed like to have a recreation area that could be rented outfor small meetings and parties, and potentially some catering at the site andrainwater harvest for use by the business. Sebastian Guerrero asked about arestaurant use - Mr. Jacobo mentioned only a small kitchen and a storm shelter forthe neighborhood. Mr. Sebastian Guerrero asked if there would be an intent forsales of alcoholic beverages at the site. Mr. Jacobo stated that they did not intent todo so, it would be a "BYOB" type of operation. Mr. Wynne asked if he owned anyother property in the area. Mr. Jacobo replied that they did. There are three lots atthe southwest corner of the intersection that they own. One is the home of therestaurant, one is occupied by a vacant home, and the third is vacant. He hasspoken to the neighbors in the area and they indicated their support of this request.Joe Grimes asked why he would want to build this on the vacant lot that is thererather than the lot already zoned appropriately for this usage. Bill Lawrence pointedout that the other properties also face Avenue L. He pointed out that the owns lotsthat are already zoned appropriately, as well as lots he doesnt own in the area thatare zoned appropriately. Mr. Lawrence pointed out that the business being placedthere would not provide around-the-clock security, though a residence would becontinually occupied and not limited to specific hours. Mr. Lawrence spoke to themechanism that negatively influences neighborhoods and loses them and hishesitation to converting neighborhoods to commercial zoning, a step in the oppositedirection. In addition, there is no parking to handle the traffic generated.No one else came forward to speak in favor of the request. No one came forward tospeak in opposition.Mr. Guerrero pointed out again that there are two lots zoned commercially already,next to the existing diner. Mr. Guerrero also pointed out that the placement of abuilding at this site would be problematic due to the size (problematic in the sense ofboth providing the building and the parking necessary to serve it).Motion, to deny the request, was made by Joe Grimes and seconded by BillLawrence. The motion passed 3-1, with Sebastian Guerrero voting in opposition ofthe request
  • 107. 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 1612 Hill street, on the southeast corner of the intersection of West Avenue L and Hill Street, more specifically occupying The Fort Concho Addition, Block 115, Lot 1, in central San Angelo, changing the zoning classification from Two Family Residential (RS-2) to Neighborhood Commercial (CN) District; PROVIDING FOR SEVERABILITY AND PROVIDING A PENALTYRE: Z 12-11: Benito Jacobo 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 withreference to zoning regulations and a zoning map, have given requisite notice by publicationand otherwise, and after holding hearings and affording a full and fair hearing to all propertyowners and persons interested, generally, and to persons situated in the affected area andin the vicinity thereof, is of the opinion that zoning changes should be made as set outherein; 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 enactedby the governing body for the City of San Angelo on January 4, 2000 and included withinChapter 12 of the Code of Ordinances for the City of San Angelo, be and the same ishereby amended insofar as the property hereinafter set forth, and said ordinance generallyand the zoning map shall be amended insofar as the property hereinafter described: 1612Hill street, on the southeast corner of the intersection of West Avenue L and Hill Street, morespecifically occupying The Fort Concho Addition, Block 115, Lot 1, in central San Angeloshall henceforth be permanently zoned as follows: Neighborhood Commercial (CN)District.The Director of Planning is hereby directed to correct zoning district maps in the office of theDirector of Planning, to reflect the herein described changes in zoning. SECTION 2: That in all other respects, the use of the hereinabove describedproperty shall be subject to all applicable regulations contained in Chapter 12 of the Code ofOrdinances for the City of San Angelo, as amended. SECTION 3: That the following severability clause is adopted with this amendment:
  • 108. 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 16th day of October, 2012 and finally PASSED, APPROVED ANDADOPTED on this the 6th day of November, 2012. THE CITY OF SAN ANGELO ____________________________________ Alvin New, MayorATTEST:________________________________Alicia Ramirez, City ClerkApproved As To Content: Approved As To Form:_________________________ ________________________AJ Fawver, Planning Manager Lysia H. Bowling, City Attorney
  • 109. City of San Angelo Finance DepartmentMemo Date: October 3, 2012 To: Mayor and Councilmembers From: Steve Mahaffey, Budget Analyst, Sr. Subject: Agenda Item for October 16, 2012 Council Meeting Contact: Morgan Trainer, Budget Manager 653-6291 Caption: st nd Regular (1 reading) Consent (2 reading) First public hearing and introduction of an Ordinance amending the 2012-2013 Budget for new projects, incomplete projects, and grants. Summary: This proposed amendment contains the following items (additional information attached): • Police Department Technology/Supplies • Downtown Pedestrian Improvement Project • Gateway Planning Group Contract • Airport Terminal Renovations History: See attached Budget Amendment Request memorandum. Financial Impact: $5,043,839 Revenue $5,977,954 Expense (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, ACM/CFO
  • 110. AN ORDINANCE OF THE CITY OF SAN ANGELO AMENDING THE BUDGET FOR THE FISCAL YEAR BEGINNING OCTOBER 1, 2012, AND ENDING SEPTEMBER 30, 2013, FOR NEW PROJECTS, INCOMPLETE PROJECTS, AND GRANTS.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 2012-2013 be amended by the amounts contained inExhibit A.INTRODUCED on the 16th day of October, 2012, and APPROVED and ADOPTED onthis the 6th day of November, 2012. CITY OF SAN ANGELO, TEXAS __________________________________ Alvin New, MayorATTEST:__________________________________Alicia Ramirez, City ClerkApproved as to Content and Form:__________________________________Michael DaneAssistant City Manager/Chief Financial Officer
  • 111. City of San AngeloProposed Budget AmendmentExhibit A Net Benefit/ Total Total Fund Revenue ExpenditureNumber Fund Name Amendment Amendment (Cost) 103 Intergovernmental Fund 25,924 25,924 0 106 TIRZ 573,471 957,723 (384,252) 260 Water Enterprise Fund 0 335,419 (335,419) Passenger Facility Charges 529 0 214,444 (214,444) Fund 530 Airport PFC Projects Fund 4,444,444 4,444,444 0 Sub-Total 5,043,839 5,977,954 (934,115)
  • 112. City of San AngeloProposed Budget AmendmentAdditional Information Net Benefit/ Project/Need Source of Funding Revenue Expense (Cost) 2012 Justice AssistancePolice Department Technology/Supplies 25,924 25,924 0 Grant New Freedom Grant, TIRZ Funds & TIRZ FundDowntown Pedestrian Improvement Project 573,471 957,723 (384,252) Balance Lake Nasworthy TrustGateway Panning Group Contract 0 335,419 (335,419) Fund Interest Federal Aviation Administration Capital Improvement Plan Grant 4,444,444 4,658,888 (214,444)Airport Terminal Renovations #33 & Passenger Facility Fees Totals 5,043,839 5,977,954 (934,115)
  • 113. AN ORDINANCE AMENDING APPENDIX A, “FEE SCHEDULE”, ARTICLE 9.000 “PLANNING RELATED FEES”, SECTION 9.500.5 “CONVEYANCE OF PROPERTY INTEREST,” BY RESTATING SAID SECTION TO PROVIDE FOR AN ADMINISTRATIVE PROCESSING FEE IN ADDITION TO THE REQUIRED FEE FOR VALUE ON THE CONVEYANCE OF CITY’S INTEREST IN RIGHTS-OF-WAY WHEREAS, the City Council for the City of San Angelo, after a public hearing at a properlycalled regular meeting of the City Council on June 5, 2012, has recommended amendment to the textof Appendix A “Fee Schedule”, Article 9.000 “Planning Related Fees”, Section 9.500.5 “Conveyanceof Property Interests”, of the Code of Ordinances, City of San Angelo, Texas, to provide foradministrative processing fees and WHEREAS, the City Council for the City of San Angelo has examined the administrativecost of processing conveyances of City interests in abandoned rights-of-way; and WHEREAS, the City Council for the City of San Angelo has examined the administrativeprocessing fees proposed by City staff and finds them to appropriately reflect the actual costs incurredby the City for the respective services;BE IT ORDAINED BY THE CITY OF SAN ANGELO:1) THAT Article 9, Section 9.500.5 of the Code of Ordinances of the City of San Angelo, Texas shall be and is hereby amended by restating said section to read as follows: “The following fees shall be required for conveyance (by quit-claim deed) of interest in rights-of-way abandoned by the City Council: (1) For Improved Streets and Alleys. Three quarters (3/4) of the average assessed value of abutting land, by square foot, according to the most recently approved property tax roll compiled by the Tom Green County Appraisal District, multiplied by the number of square feet of land in the right-of-way abandoned and to be conveyed to the applicant as an abutting owner of property, plus an administrative processing fee of $434.00. (2) For Unimproved Streets and Alleys. One half (1/2) of the average assessed value of abutting land, by square foot, according to the most recently approved property tax roll compiled by the Tom Green County Appraisal District, multiplied by the number of square feet of land in the right of way abandoned and to be conveyed to the applicant as an owner of abutting property, plus an administrative processing fee of $434.00. (3) For Streets and Alleys Where Significant Easements for Access by the Public and/or Utilities Are Reserved. One half (1/2) of the cost applicable to either circumstance described in items (1) or (2) above, plus an administrative processing fee of $434.00.
  • 114. 2) 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 ______ of _____________, 2013. INTRODUCED on the 4th day of September, 2012, and finally PASSED, APPROVED andADOPTED on this , day of , 2012. CITY OF SAN ANGELO _____________________________________ Alvin New, MayorATTEST:_________________________________Alicia Ramirez, City ClerkAPPROVED AS TO CONTENT: APPROVED AS TO FORM:___________________________ ___________________________AJ Fawver, Planning Manager Lysia H. Bowling, City Attorney
  • 115. AN ORDINANCE AMENDING APPENDIX A, “FEE SCHEDULE”, ARTICLE 9.000 “PLANNING RELATED FEES”, OF THE CODE OF ORDINANCES, CITY OF SAN ANGELO, TEXAS, AMENDING SECTION 9.200 “PLANNING AND DEVELOPMENT FEES”, RESTATING SAID SECTION TO CREATE A SINGLE APPLICATION FEE FOR CHANGES OF ZONING CLASSIFICATION BY CREATING AN APPLICATION FEE FOR A SPECIAL USE, BY CREATING AN APPLICATION FEE FOR A CONDITIONAL USE, BY CREATING A FEE FOR ALL APPLICATIONS FOR ZONE CHANGE TO PD DISTRICT, BY PROVIDING FOR ZONE CHANGE SIGN DEPOSIT AND REFUND OF SIGN DEPOSIT, AND BY CREATING A FEE FOR FILING OF AN APPEAL; REPEALING SECTION 9.200.5 “PLANNED DEVELOPMENT FEES; AMENDING SECTION 9.300 “ZONING BOARD APPLICATION FEES”, RESTATING SAID SECTION TO ADJUST THE FEES FOR A REQUEST FOR VARIANCE FROM ZONING REGULATIONS AND THE FEE FOR APPEAL; AMENDING SECTION 9.400 “PRELIMINARY PLATS/FINAL PLATS/REPLATS (EXCEPT ADMINISTRATIVE SUBDIVISIONS)”, RESTATING SAID SECTION TO PROVIDE FEES FOR APPLICATIONS FOR PRELIMINARY PLAT, FINAL PLAT AND REPLAT, AND A SUPPLEMENTAL FEE FOR REPLATS THAT REQUIRE RENOTIFICATION; AMENDING SECTION 9.400.5 “FINAL PLATS/REPLATS OF ADMINISTRATIVE SUBDIVISIONS”, RESTATING SAID SECTION TO PROVIDE FEES FOR APPLICATIONS FOR FINAL AND REPLATS OF ADMINISTRATIVELY ELIGIBLE SUBDIVISIONS, AND SUPPLEMENTAL FEE FOR FINAL PLAT OR REPLAT REQUIRING NOTIFICATION; AMENDING SECTION 9.500 “MISCELLANEOUS PLANNING FEES”, RESTATING SAID SECTION TO UPDATE FEES FOR MISCELLANEOUS REQUESTS; PROVIDING FOR SEVERABILITY; AND PROVIDING AN EFFECTIVE DATE WHEREAS, the City Council for the City of San Angelo, after a public hearing at a meetingon July 19th, has recommended the following amendments to the text of Appendix A “Fee Schedule”,Article 9.000 “Planning Related Fees”, of the Code of Ordinances, City of San Angelo, Texas; and WHEREAS, the City Council for the City of San Angelo has examined the cost ofconducting each type of application process, and determined that the established fees do not reflect theactual costs of processing applications; and WHEREAS, the City Council for the City of San Angelo has examined the revised fees asproposed by City staff and found them to appropriately reflect actual costs incurred by the City for therespective services;NOW THEREFORE BE IT ORDAINED BY THE CITY OF SAN ANGELO:
  • 116. Section 1) THAT Appendix “A”, “Fee Schedule”, Article 9 “Planning Related Fees”, Section 9.200 “Planning and Development Fees”, of the Code of Ordinances of the City of San Angelo, Texas, is hereby restated to read as follows: "Application for zoning change $460.50 Application for special use $378.00 Application for conditional use $353.00 Filing of appeal of decision on zoning change, special use, or conditional use $150.00 Application for zone change to a PD District, requiring an area of 1.0 acre or more: $547.50 Request for amendment to existing PD District, requiring an area of 1.0 acre or more: $225.00 Zone change sign deposit (per sign): $37.50 Refund from sign deposit (per sign): $25.00 During a period beginning January 1 of 2013, and ending on December 31 of 2013, no fee shall be required for property owners to submit an application for approval of a Historic Overlay Zone (Landmark)."Section 2) THAT Appendix “A”, “Fee Schedule”, Article 9 “Planning Related Fees”, Section 9.200.5 “Planned Development Fees”, of the Code of Ordinances of the City of San Angelo, Texas, is hereby repealed in its entirety.Section 3) THAT Appendix “A”, “Fee Schedule”, Article 9 “Planning Related Fees”, Section 9.300 “Zoning Board Application Fees”, of the Code of Ordinances of the City of San Angelo, Texas, is hereby restated to read as follows: "Request for variance from zoning regulations $225.00 Request for administrative adjustment from zoning regulations $ 50.00 Request for appeal of decision made by an administrative official $150.00"
  • 117. Section 4) THAT Appendix “A”, “Fee Schedule”, Article 9 “Planning Related Fees”, Section 9.400 “Preliminary Plats/Final Plats/Replats (except for administrative subdivisions)”, of the Code of Ordinances of the City of San Angelo, Texas, is hereby restated to read as follows: "Application for preliminary plat $337.00 Application for final plat $312.00 Application for replat $312.00 Supplemental fee for replats requiring renotification $106.25"Section 5) THAT Appendix “A”, “Fee Schedule”, Article 9 “Planning Related Fees”, Section 9.400.5 “Final Plats/Replats of Administrative Subdivisions”, of the Code of Ordinances of the City of San Angelo, Texas, is hereby restated to read as follows: "Application for final plat of administratively- eligible subdivision $212.50 Application for replat of administratively- eligible subdivision $212.50 Supplemental fee for final plat or replat requiring notification $106.25"Section 6) THAT Appendix “A”, “Fee Schedule”, Article 9 “Planning Related Fees”, Section 9.500 “Miscellaneous Planning Fees”, of the Code of Ordinances of the City of San Angelo, is hereby restated to read as follows: "Request for expansion of non-conforming use $163.75 Request for consideration of sign variance $168.75 Request for temporary permit for mobile/ manufactured home $118.75 Request for street name change $208.75 plus costs of official COSA signage Request for release of easement $37.50"Section 7) THAT the terms and provisions of this Ordinance shall be deemed to be severable in that, if any provision of this Ordinance shall be declared to be invalid, the same shall not affect the validity of the other provisions of this Ordinance.
  • 118. Section 8) THAT this Ordinance shall be effective from and after the _____________ of____________, 2013.INTRODUCED on the 4th day of September, 2012, and finally PASSED, APPROVED andADOPTED on this the day of , 2012. CITY OF SAN ANGELO _____________________________________ Alvin New, MayorATTEST:_________________________________Alicia Ramirez, City ClerkAPPROVED AS TO CONTENT: APPROVED AS TO FORM:___________________________ ___________________________AJ Fawver, Planning Manager Lysia H. Bowling, City Attorney
  • 119. Public NoticeThe Texas Commission on Environmental Quality (TCEQ) has notified the City of San Angelowater system that the drinking water being supplied to customers had exceeded the MaximumContaminant Level (MCL) for total trihalomethanes. The U.S. Environmental Protection Agency(U.S. EPA) has established the MCL for total trihalomethanes at 0.080 milligrams per liter (mg/L)based on running annual average (RAA), and has determined that it is a health concern at levelsabove the MCL. Analysis of drinking water in your community for total trihalomethanesindicates a compliance value in quarter three 2012 of 0.096 mg/L for DSo1.Trihalomethanes are a group of volatile organic compounds that are formed when chlorine,added to the water during the treatment process for disinfection, reacts with naturally-occurring organic matter in the water.Some people who drink water containing trihalomethanes in excess of the MCL over manyyears may experience problems with their liver, kidney, or central nervous systems, and mayhave an increased risk of getting cancer.You do not need to use an alternative water supply. However, if you have health concerns, youmay want to talk to your doctor to get more information about how this may affect you.To address this issue, the City will be making improvements to the water treatment plantchemical feed, mixing, and chlorination system.Please share this information with all people who drink this water, especially those who maynot have received this notice directly (i.e., people in apartments, nursing homes, schools, andbusinesses).If you have questions regarding this matter, you may contact Will Wilde, Director of WaterUtilities, at 325-657-4209. Posted/Mailed on: November 1, 2012
  • 120. City of San Angelo Public InformationMemo Date: Oct. 29, 2012 To: Mayor and Councilmembers From: Anthony Wilson, Public Information Officer Subject: Agenda Item for Nov. 6, 2012, Council Meeting Contact: Anthony Wilson, Public Information Officer, 234-0014 Caption: Regular Item Update of public communication regarding water issues. Summary: As part of the Water Utilities Director’s monthly update to Council on water projects and supply, staff thought the Council might also want to know what the City is doing to inform and educate the public about water-related issues. History: In the Council’s Friday packet on Sept. 28, you received a memo detailing the ways the Public Information Office has sought to inform and educate our citizens about water issues. Here is what has happened to date since: Standard-Times: Continues to run daily water graphic with usage, drought restrictions and conservation tips; published water FAQs on Viewpoints page Sept. 27; published State of the City water presentation on Viewpoints page Oct.18; published guest column written by rainwater harvester Ron Knight that PIO edited; published Councilman Alexander’s water piece on Oct. 11; coverage of return to Drought Level 1; published info about City co-sponsored rainwater harvesting workshop. KLST/KSAN: Coverage of return to Drought Level 1; runs Public Information- produced water conservation spot on website; interviewed UCRA’s Christy Youker about rainwater harvesting workshop; coverage of Parks’ efforts to save trees and end irrigation. Channel 17: Produced water conservation PSA’s with Aquasquad, John Begnaud, Master Gardener Kay Thompson, PIO; aired all water-related Council discussions, water forum and legislative summit panel discussions; drought restrictions on the scroll at the bottom of the screen; produced theCITY interview show with Tom Kerr and James Flores; aired TCEQ drought video. All of this programming can also be watched on the City’s YouTube channel. Social media: All of the above info has also been posted on the City’s Facebook and Twitter pages. One photo Multimedia Coordinator Brian Groves took and posted on Facebook registered an unprecedented 10,378 likes, 316 comments and 275 shares. Owing to water content, the page’s following has swelled to nearly 7,000. Website: Much of the above information is also posted on the City’s website.
  • 121. Radio: Tom Kerr did an interview on KKSA’s Dialog show. The PIO did a PSA and an interview with KCSA that later aired on KGKL-AM. Public Information: Public Information has worked with the UCRA, the Master Gardeners and the People/Plant Connection to organize the free rainwater harvesting workshop on Nov. 10 at Fort Concho.Financial Impact: N/ARelated Vision Item N/A(if applicable):Other Information/ Staff welcomes any ideas Council may have on information that should beRecommendation: communicated and the best avenues for doing so.Attachments: N/APresentation: PowerPointPublication: N/AReviewed by Michael Dane, Assistant City Manager, Oct. 29Director:Approved by Legal: N/A
  • 122. City of San AngeloMemo Meeting Date: November 6, 2012 To: City Council members From: Kevin Boyd, Planner Subject: Miller J A Subdivision & Beaver F T Addition, Block 49: Fred Griffin, a request to abandon two alley rights-of-way as described below: Location: One of two segments of an alley rights-of-way: a 20 x 140 segment running north to south between Lots 1-5 and Lot 6 in Block 49 of the Beaver F T Addition and Miller J A Subdivision. Contacts: Fred L. Griffin & Poncho’s of San Angelo, Inc 325-486-8661 Kevin Boyd, Planner 325-657-4210 Caption: First Public Hearing and consideration of introduction of an Ordinance authorizing abandonment of public right-of-way in Miller J A Subdivision & F T Addition, Block 49 in central San Angelo, AN ORDINANCE PROVIDING FOR THE ABANDONMENT AND CLOSING OF THE FOLLOWING STREET SEGMENT, TO WIT: A 20 x 140 segment running north to south between Lots 1-5 and Lot 6 in Block 49 of the Beaver F T Addition and Miller J A Subdivision, in central San Angelo; AUTHORIZING THE CONVEYANCE THEREOF TO THE ABUTTING PROPERTY OWNERS; PROVIDING FOR THE TERMS AND CONDITIONS OF ABANDONMENT AND CONVEYANCE; AND PROVIDING FOR THE MAYOR TO EXECUTE AND DELIVER A QUIT CLAIM DEED TO THE ABUTTING PROPERTY OWNERS Summary: The City Council may:
  • 123. (1) Approving the proposed abandonment; or (2) Approving the proposed abandonment subject to conditions believed to be more appropriate; or (3) Denying the proposed abandonment.Recommendation: City staff recommends approving, subject to conditionsmentioned in this report.On October 15, 2012, the Planning Commission recommended approving, subject toconditions the abandonment by an unaimous vote of 6-0.History and Background:In August of 2012, applicants, Fred Griffin and Poncho’s of San Angelo, Inc.,filed a request to formally abandon the two alleys in question. Original plats ofthe adjacent properties from 1926 and 1951, clearly show that the alleys existand intersect with West Avenue A and South Chadbourne Street, of Block 49.The 1926 plat includes Lots 1 - 5 of the Miller J A Subdivision which is just eastand south of the alleys in question, and the Beaver F T Addition (1951) platincludes adjacent properties to the west and north, Lots 6 and 11. Whenever analley is officially abandoned, it will be divided at the centerpoint and deeded tothe adjacent property owners.At the Planning Commission meeting held at September 17, 2012, theproponents revised their request to only abandon one of the two segments ofthe alley rights-of-way. The new request seeks to abandon the segement thatruns north to south between Lots 1-5 and Lot 6 in Block 49 of the F T BeaverAddition and J A Miller Subdivision. As the change in request had not had theopportunity to be vetted through all of the involved personnel, the PlanningCommission postponed this case until their next regular meeting in the month ofOctober, to allow additional review.General Information Existing Zoning: General Commercial/Heavy Commercial (CG/CH) Existing Land Use: Vacant property, surface parking Surrounding Zoning/Land Use:
  • 124. North: Genenal Commercial/ City-owned vacant land Heavy Commercial (CG/CH) West: Genenal Commercial/ Commercial surface Heavy Commercial (CG/CH) parking lot South: Central Business District Police Department (CBD) secondary location and commercial parking lot East: Central Business District FI’s Garden (CBD) Storm Water/Drainage: Abandoning the alley is not expected to affect drainage in the area. Topography: Abandoning the alley is not expected to change the topography of the area. Water/Sewer Utilities: Water Utilities has water and sewer mains in the alley and west of the alley such that they would need to retain easements in the entire area proposed to be abandoned. Fire Protection: If abandoned, another hydrant would have to be place near the site when new development occurs. Access Management: The uncertainty of future events with regards to developing the site gives prudence to maintaining the alley(s), at least the northern one, running east to west off of Chadbourne; it would may prove useful, providing easy access for emergency vehicles. Notification required: Yes Notifications Sent: 2 Received In favor 0 Received in opposition 0Special Information Private Utilities: Verizon currently has an underground route along the alley extending from West Avenue A, their request is the retaining of a 20 x 140 unobstructed easement. AEP Texas have 5 poles and electric lines in the alley to the east of Lot 6 and west of Lots 1 - 5. AEP Texas will need to retain a 20 x 140
  • 125. easement for that portion of the requested alley abandonment. Atmos has a gas main extending off of West Avenue A, north into this alley about 36. They would need to retain a 20 unobstructed easement for the alley extending from West Avenue A.Basis for RecommendationThe alley in question is located in Block 49, as part of the Miller J A Subdivisionand Beaver F T Addition, originally platted in 1926 and 1951, respectively. Thealley is publically dedicated land sandwiched between the proponents’, FredGriffin and Poncho’s of San Angelo, Inc., properties. This request is to formallyabandon the alley which would relinquish city’s ownership of the lands tosurrounding property owners.Initially, the case involved abandoning two adjoining alleys - a segment that runsnorth to south from West Avenue A and another segment that runs east to westfrom South Chadbourne Street, see maps below. The new request involvesabandoning only one alley - the 20 x 140 segment running north to south alongWest Avenue A.City staff recommended denial of the previous request for several reasons. First,many private utilities run through the first segment of the alley. Of the threeresponses received, Verizon noted that they maintain an underground route,AEP Texas have existing electric lines, and Atmos Energy has a gas mainextending off of West Avenue A, north into this alley about 36 feet. City WaterUtilities have established water and sewer mains along the alley. If abandoned,it would have to remain open and unobstructed. Another concern for staffsrecommendation was whether abandoning the alley would severely limit andthreaten future development to the property, due to requirements for emergencyvehicle access for such a sizable site. With changes to the plan, staff hasreversed its recommendtion.Once the case was reviewed again by city staff and private utility companies,staff determined that the abandonment alley would not create undesirableeffects for the general public. Since the alley has several utilities, the segmentwould have to remain open and unobstructed, or the utilities would requirerelocation at the applicants expense. Thus, unless all the utilities are relocated,it will be required to remain open and completely unobstructed.. Since segmenttwo will not be abandoned, this would allow enough space for emergencyvehicles to access the site, given that they enter though paved sections of thecity-owned tract of land to the north.Revisions to this proposal led staff to reverse its opinion, noting that it would bemore beneficial to reliquish city ownership of the property. The abandonedsection would not be usable for anything but access easements based on the
  • 126. requirements of utilities and simply be a matter of transferring maintenanceresponsibility.Proposed Conditions 1. If abandoned, the alley would have to maintain an open and unobstructed easement of the alley for utilities. 2. Another hydrant would have to be place near the alley if new development occurs in the area.Attachments: excerpt from zoning map, showing the general location within the City of San Angelo; excerpt from zoning map, highlighting subject property; aerial photo, highlighting subject property; original plat of the Miller J A Subdivision from 1926; original plat of Beaver F T Addition from 1951; view of water and sewer lines in the alley; draft minutes from Planning Commission: and draft ordinance.Presentation: Kevin Boyd, PlannerReviewed by: AJ Fawver, AICP, Planning Manager (10/8/12)
  • 127. Water and sewer linesand mains runbeneath the alley
  • 128. IV. Requests for Right-of-Way Abandonment. [Planning Commission makes recommendation; City Council has final authority for approval.] A. JA Miller Subdivision & FT Beaver Addition Block 49: Fred Griffin A request to abandon an alley right-of-way on the following property: One of two segments of an alley rights-of-way: a 20 x 140 segment running north to south between Lots 1-5 and Lot 6 in Block 49 of the Beaver F T Addition and Miller J A Subdivision. Kevin Boyd, Planner, came forward to present this item, consistent with the staff recommendation of approval. This case was on the agenda for the September meeting of the Planning Commission, at which time it was postponed by the Commission, due to a desire to alter the request as originally proposed by the applicant. Staff has re-distributed the new proposal for review by both internal staff and external utility companies. As such, staff will be presenting the altered request today, along with the relevant feedback from all involved parties. Mr. Boyd asked the Commission if they desired to hear the background on this case again, and the Chairman asked that it be given again. There were two notifications required, with zero returned in favor or in opposition. The property is north of West Avenue A, between South Irving and South Chadbourne Streets. The alley segment is a north- south segment that terminates mid-block. Mr. Boyd explained that the initial staff recommendation of denial was based upon concerns of emergency vehicle access and the impact that the original request would have on future development of this area. However, the staff recommendation has now been reversed, since the modified request essentially eliminates the initial objection that was in place. Mr. Boyd showed photos of the immediate area, illustrating the nature of the infrastructure and buildings in place. The alley segment in question serves as a paved driveway access to parking lots, which exist on both sides of the segment. Mr. Boyd then reviewed the options available to the Commission on this item. This alley was dedicated with the replat of the Miller JA Subdivision in 1926. Since public and private utilities exist in the alley segment, it would have to remain open and unobstructed, unless the utilities in place are relocated. It appears that abandoning this alley segment would not affect the general public or emergency service delivery. A map illustrating the water and sewer main in the alley segment as it exists today. If any development was to occur in the area, a hydrant may be required to be placed near this alley segment. Greg Gossett, representing the applicant, Fred Griffin, came forward to speak in favor of the request. He stated that they are supportive of the staff recommendation and conditions as presented. No one else came forward to speak in favor or in opposition. Joe Grimes mentioned his support, so long as the requirement for the alley to remain open and unobstructed was included.
  • 129. Motion, to approve as presented, was made by Sam Tambunga and seconded byBill Wynne. The motion passed unanimously, 6-0.
  • 130. ORDINANCE PROVIDING FOR THE ABANDONMENT AND CLOSING OF THE FOLLOWING STREET SEGMENT, TO WIT: A 20 x 140 segment running north to south between Lots 1-5 and Lot 6 in Block 49 of the Beaver F T Addition and Miller J A Subdivision, in central San Angelo; AUTHORIZING THE CONVEYANCE THEREOF TO THE ABUTTING PROPERTY OWNERS; PROVIDING FOR THE TERMS AND CONDITIONS OF ABANDONMENT AND CONVEYANCE; AND PROVIDING FOR THE MAYOR TO EXECUTE AND DELIVER A QUIT CLAIM DEED TO THE ABUTTING PROPERTY OWNERSRE: abandonment of public right-of-way in Miller J A Subdivision & F T Addition, Block 49.WHEREAS, the City Council of the City of San Angelo, Texas, acting pursuant to law,deems it advisable to abandon and convey the hereinafter described tract of land to theabutting property owner and is of the opinion that said land is not needed for public use, andthat same should be abandoned and quit claimed to the abutting property owner ashereinafter provided; andWHEREAS, the City Council of the City of San Angelo, Texas is of the opinion that the bestinterest and welfare of the public will be served by abandoning and conveying same to theabutting property owner, subject to conditions and restrictions contained herein; NOW,THEREFORE,BE IT ORDAINED BY CITY COUNCIL OF THE CITY OF SAN ANGELO:1. That the following described tract in the City of San Angelo, Tom Green County, Texas be and the same is hereby abandoned, vacated and closed insofar as the right, title and easement of the public are concerned; subject, however, to the conditions and restrictions hereinafter more fully set out: BEING the entire 20-foot width and 140-foot length of right-of-way for a public alley running north to south between Lots 1-5 and Lot 6 in Block 49 of the Beaver F T Addition and Miller J A Subdivision, which said alley is described more particularly as follows: BEGINNING at a point on southeast corner of the alley of the Beaver F T Addition and Miller J A Subdivision in Block 49 THENCE in a westerly direction a distance of 20 feet; THENCE in a northerly direction a distance of 140 feet; THENCE in an easterly direction a distance of 20 feet; THENCE in a southerly direction a distance of 140 feet to the POINT OF BEGINNING.2. That the abandonment and conveyance provided for herein is made and accepted
  • 131. subject to all present zoning and deed restrictions, if the latter exist, and all existing easements, if any, whether apparent or non-apparent, aerial, surface, underground or otherwise.3. That the abandonment and conveyance provided for herein shall extend only to the public right, title, easement and interest and shall be construed to extend only to the interest which the governing body for the City of San Angelo may legally and lawfully abandon and vacate.4. That the Mayor of the City of San Angelo is hereby authorized to execute and deliver a quit claim deed conveying the above-described tract to the abutting property owner.5. That the terms and conditions contained in this ordinance shall be binding upon Grantees and assigns.6. That the Grantees shall pay all reasonable costs associated with procedures necessitated by the request to abandon this public right-of-way.INTRODUCED on the 6th day of October, 2012 and finally PASSED, APPROVED ANDADOPTED ON this the 20th day of October, 2012.CITY OF SAN ANGELO, TEXAS ATTEST:by: ______________________________ by: ______________________________ Alvin New, Mayor Alicia Ramirez, City ClerkApproved As To Content: Approved As To Form:_________________________ ________________________AJ Fawver, Planning Manager Lysia H. Bowling, City Attorney
  • 132. City of San AngeloMemo Date: October 26, 2012 To: Mayor and Councilmembers From: Shawn Lewis, Director of Community & Economic Development Subject: Agenda Item for November 6, 2012 Council Meeting Contact: Shawn Lewis, or Bob Schneeman 657-4210 Caption: Regular Agenda Item Consideration of matters related to the TXDOT and Federal Highway Administration Transportation Enhancement Grant program: A. Consideration of a Tax Increment Reinvestment Zone Board (TIRZ) recommendation to approve the expenditure of $17,500.00 from the TIRZ fund split equally between the North and South TIRZ funds to hire The Goodman Corporation to prepare and submit an application to TXDOT and the Federal Highway Administration for a grant; and B. Consideration of adopting a Resolution authorizing the filing of applications with the Texas Department of Transportation for federal transportation assistance in the amount of $1.1 million with a 20% matching fund requirement of up to $235,000.00 over a five year period under the Transportation Enhancement Grant program, authorized by Title 43, Part 1, Chapter 11, Subchapter E of the Texas Administrative Code, and other state and federal statutes administered by the Texas Department of Transportation Summary: At its regular meeting of September 19, the TIRZ Board approved submitting a request to Council to approve the expenditure of funds from the TIRZ to hire Goodman Corporation to apply on behalf of the Concho Valley Transit District for a grant under the Transportation Enhancement Grant program. History: San Angelo has benefitted from a number of Transportation Enhancement grants from TxDOT through the years. Projects such as the restoration of the historic Depot, the San Angelo Visitor Center, Paseo and Old Town Streetscape project, and most recently the Red Arroyo Trails project are all projects made possible by TxDOT Transportation Enhancement grants. The TIRZ Board has endorsed funding to apply for a Transportation Enhancement grant. Three of the seven eligible activities under this grant include the following “enhancements” to existing transportation systems: 1. Provision of facilities for pedestrians and bicycles 2. Provision of safety and educational activities for pedestrians and Adopted: 5/30/03 Revised: 6/21/10
  • 133. bicyclists 3. Landscaping and other scenic beautificationCity Staff has identified the following projects as priorities in order to enhanceexisting transportation systems: • Implementation of the 2005 Bicycle-Pedestrian Plan calling for bike lanes and trails throughout the City, but not been funded with the exception of two other TxDOT projects—Red Arroyo Trail and the Lone Wolf Pedestrian Bridge (funded by stimulus dollars) • Implementation of the 2011 Streetscape Masterplan which calls for trees, lighting, sidewalk construction/repair, ADA ramps, pedestrian amenities (trashcans & benches) throughout the South TIRZ (downtown) and in the North TIRZ along corridors leading to the Coliseum and Fair Grounds. If approved in this Council item, City staff would utilize the services of The Goodman Corporation through a contract with the Concho Valley Transportation District (CVTD). Intentionally, TxDOT provided a very short turn around time for submitting this grant, and the services of a qualified and experienced grant writer will help ensure a quality submission due mid- November. Though not under contract, Goodman has already met with TxDOT on our behalf of CVTD and has received feedback that two projects would be viewed favorably by grant reviewers at TxDOT: 1. Bicycle lanes connecting schools and significant activity generators (Walmart North, Goodfellow, downtown, Angelo State University, several elementary schools, etc.) 2. Beautification such as street trees and pedestrian amenities (trash cans and benches) in the downtown area. The Goodman Corporation also received feedback from TxDOT that two projects would not be received favorably by TxDOT grant reviewers: 1. Repair or replacement of existing sidewalks or curbs 2. ADA ramps 3. Repairs to the historic Depot which was funded by a TxDOT Transportation Enhancement grant in 1993. TxDOT did not feel like these projects met the criteria of the grant and would not be eligible. In the case of the Depot, TxDOT noted that the repairs appeared to be maintenance items on a project previously funded. While these would be eligible under normal circumstances, TxDOT encouraged the City not to include them in the grant due to the original funding source being the same grant program. Proposed improvements under the grant are outlined in the attached map: 1. 22 blocks (both sides of street) in the Central Business District that would contain 4-5 street trees per block, two trash receptacles and two pedestrian benches per block 2. A much needed sidewalk running along the west side of Martin Luther th th King Boulevard from 14 to 29 Street 3. Installation of bike lanes (striping & signage) along 84,000 linear feet of roadway. The maximum estimated grant Goodman feels is likely to receive funding is $1.5 million. City staff has finalized the draft grant budget at $1.1 million (see
  • 134. attached). This grant fund requires a local match of 20% or approximately $235,000. However, the project is not required to be built for five years and the match is not required to be provided until the project is bid. City staff is proposing the following cost sharing for the matching grant: • North TIRZ--$60,000 • South TIRZ--$60,000 • Downtown San Angelo—$25,000 guaranteed (grant from a national foundation already awarded, but not official until January), more funds from other sources to be determined • San Angelo Road Lizards—to be determined • San Angelo Health Foundation—to be determinedFinancial Impact: Grant writing: $17,500 fee to Concho Valley Transit District for grant writing services by The Goodman Corporation Grant match: $235,000 over five years (20% local match on $1.175 million grant)Related Vision Item(if applicable):Other Information/ Staff recommends approval as presentedRecommendation:Attachments: Proposed map of improvements, proposed budget, proposed resolution authorizing grant application and related matching fundsPresentation: Shawn Lewis, Director of Community & Economic Development & Clinton Bailey, City EngineerPublication:Reviewed by Shawn Lewis, ext 1541Director:Approved by Legal:
  • 135. h St Wal-Mart E 29t Grap d e Cr R 7 y6 ee k wa Bradford Armstrong St igh Elementary St SH School th 29 NU W Chicken Farm Arts Center NC N Bell St had Holiman To State Park Walgreens p Elementary bo 67 m N 6 ay Ra urn Br School 30 ya nt op e Lo St Blv th St E 19th E 19th St N 19 d amp ghw d N Br E St ya 6 7 R S Hi nt Blv U E 14th St N d Athletic Courts & Pavilion N Loop 306 Frontage R Reagan N US Highway Safety City Elementary Lowes Grocery Store School d Blv und Edm Skate Park MLK Park Fannin Elementary School 306 N Lo amp rte Expy ston Ha Hou E Houston Harte Expy op 30 6 R E N Loo St Ramp 9th p W 1 N Loop 306 Wesley UMC Soup Kitchen Guadalupe FM 38 School 0 San Jacinto Elementary St Pulliam N Loop N Loop 306 Cornerstone School N Loo p 306 Christian St th Carver School 14 W Campus Central 306 Ramp Freshman t Campus S Ramp nna N Bell St Gle NC Multi-Modal had St b ius our Jun n e St Sacred Heart Wa St Central School rd Ave rega High shi N ton au E Be Alta Loma ng Clarion Hotel School NJ Elementary ack School son Austin Convention Center Elementary St School Ambleside NW School xpy e d Av as h te E egar r aur ing Ha e on WB ton ust Ho St W xpy eE art NJ onH ack ust Ho son W Rio Concho Sports Complex St Rio S Lo Muni-Pool Con ch op 3 SW San Angelo Museum of Fine Arts oD r as h 06 ing S Lo Visitor Center Train Depot ton Fort Concho op 3 Glenna St Elementary St Mercedes Ave School 06 SJ ack W Washington Dr E Washington Dr son El Paseo Lee Middle Santa Rita St School Elementary School McGill ve dA gar Elementary Belaire re Elementary S Bell St School au S Jackson St Be School W Ard y Wa S Lo S Loop p en R d d oo Lone Wolf Ped Bridge op 306 rw r e na D Sh 306 Ram Glen Ram eL W Avenue L E Avenue L nu Sam Ave p Houston W Campus W Avenue N FM E Avenue N 388 Saint Christova e Marys Av rd School ga Rd 306 R 306 R re Paint Rock S Loo p S Lo p au l Rd Be Glenmore am W Elementary p School Crockett Elementary am op Goodfellow School Air Force Base S Bryant Blvd S Bryant Blvd S Johnson St S College Glenn Junior High School SC Hills Rio Vista Rd ha l Rd Campus er PAYS db Foster St ck Blvd ou School bo ova er rne ick Christ Kn St Bowie SJ ac Elementary nS ks School t o Sunset Ct Suns et D rWL oop 30 6 W Lo op 3 06 ³ Proposed Areas for Irrigated Trees, Benches and Trash Receptacles Schools Proposed areas for irrigated trees Major Properties Proposed Bike Trails/Lanes City Owned Property Texas Transportation Proposed Sidewalks Parks Enhancement Grant Proposal Existing Streetscape, Constructed 2011 Goodfellow A.F.B. GIS Division 1 inch = 900 feet Streetscape to be Constructed January 2013 (funded) Central Business District Document Path: K:downtownstreetscapeworkarea2012 Transporation Enhancement Grant - Overall Section.mxd
  • 136. Transportation Enhancement Pedestrian and Bicycle Improvements Engineers Opinion of Probable Construction Cost City of San Angelo Community and Economic Development Department October 26, 2012 Block Faces in downtown 44 Description Unit Price Total Amount Unit Quantity Item Unit Quantity Unit Price TotalDowntown improvements including irrigated trees, Block Side 125 $ 6,536.80 $ 817,100.00 Tree ea 500 300 150000benches and trash receptaclesConcrete Sidewalk West Side Martin Luther King Drivefrom West 29th St to West 11th Street (5 feet wide with SF 34,500 $ 8.50 $ 293,250.00curb ramps) Tree well ea 500 1200Bike Lane Striping (4" White Thermoplastic) LF 97,858 $ 0.60 $ 58,714.80 Irrigation system block face 125 3500 437500Bike Lane Signage (Sign and Sign Pole) EA 60 $ 110.00 $ 6,600.00 Bench ea 88 1500 132000 Total $ 1,175,664.80 Trash Can ea 68 700 47600 Bike Racks ea 50 1000 50000 817100 6536.8
  • 137. RESOLUTION AUTHORIZING THE FILING OF APPLICATIONS WITH THE TEXAS DEPARTMENT OF TRANSPORTATION FOR FEDERAL TRANSPORTATION ASSISTANCE AUTHORIZED BY TITLE 43, PART 1, CHAPTER 11, SUBCHAPTER E OF THE TEXAS ADMINISTATIVE CODE, AND OTHER STATE AND FEDERAL STATUTES ADMINISTERED BY THE TEXAS DEPARTMENT OF TRANSPORTATION. WHEREAS, the City of San Angelo (COSA) has been legally created by a special act ofthe Texas Legislature and is a Home- Rule Municipality authorized by Article XI, Section 5.004of the Texas Constitution; WHEREAS, the City Council of COSA (the “Council”) hereby finds it is in the bestinterest of COSA to pursue additional federal funds for transportation projects in COSA; WHEREAS, the Texas Department of Transportation (“TxDOT”) has been delegatedauthority to award Federal financial assistance for transportation projects; WHEREAS, the funding or cooperative agreement for Federal financial assistance willimpose certain obligations upon the COSA, and may require COSA to provide the 20% localshare in form of cash for the project costs in the following amounts: San Angelo Bicycle and Pedestrian Improvement Plan = 20% matching funds up to $235,000.00 WHEREAS, COSA supports funding these projects as shown in the Nomination Budgetand commits to the project’s development, implementation, construction, maintenance,management, and financing. COSA is willing and able to enter into an agreement with TxDOTby resolution should the project or projects receive funding. WHEREAS, the Council is convened on this date at a regular meeting open to the public;Now, Therefore, BE IT RESOLVED BY THE SAN ANGELO CITY COUNCIL, THAT: Section 1: That the City Manager is authorized to execute and file an application forFederal assistance on behalf of the COSA with the TxDOT for Federal assistance authorized by49 U.S.C. Chapter 53, Title 23, United States Code, or other Federal statutes authorizing aproject administered by TxDOT. Section 2. That the City Manager is authorized to execute and file with its applicationsthe annual certifications and assurances and other documents the TxDOT requires beforeawarding a Federal assistance grant or cooperative agreement. Section 3. That the City Manager is authorized to execute grant and cooperativeagreements with the TxDOT on behalf of the COSA.
  • 138. PASSED AND APPROVED this 6th day of November, 2012. THE CITY OF SAN ANGELO, TEXAS ________________________________ Alvin New, MayorATTEST:________________________________Alicia Ramirez, City ClerkApproved As To Content: Approved As To Form:________________________________ ________________________________Shawn Lewis Lysia H. BowlingCommunity & Economic Development City AttorneyDirector
  • 139. AN ORDINANCE READOPTING CHAPTER 8, ENTITLED "OFFENSES AND NUISANCES," ARTICLE 8.800, ENTITLED "CURFEW HOURS FOR MINORS,” SECTIONS 8.801 THROUGH 8.807 OF THE CODE OF ORDINANCES OF THE CITY OF SAN ANGELO; DEFINING TERMS; CREATING OFFENSES FOR MINORS, PARENTS AND GUARDIANS OF MINORS AND BUSINESS ESTABLISHMENTS VIOLATING CURFEW REGULATIONS; PROVIDING DEFENSES; PROVIDING FOR ENFORCEMENT BY THE POLICE DEPARTMENT; PROVIDING FOR REVIEW OF THIS ORDINANCE WITHIN THREE (3) YEARS AFTER THE DATE OF ADOPTION; PROVIDING A PENALTY; PROVIDING A SEVERABILITY CLAUSE; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the City Council of the City of San Angelo has conducted publichearings and heard a presentation by the Chief of Police confirming the effectiveness ofthe juvenile nighttime curfew; and WHEREAS, based on this information, the City Council has determined toreadopt said curfew ordinance;NOW THEREFORE, BE IT ORDAINED BY THE CITY OF SAN ANGELO: 1) THAT, Chapter 8, Article 8.800 of the Code of Ordinances, City of San Angelo,Texas is hereby readopted to read as follows: ARTICLE 8.800 CURFEW HOURS FOR MINORSSec. 8.801 DefinitionsThe following words, terms and phrases when used in this article shall have themeanings ascribed to them in this section, unless the context of their usage clearlyindicates another meaning:Emergency. Means an unforeseen combination of circumstances or the resulting statethat calls for immediate action. The term includes, but is not limited to, a fire, a naturaldisaster, or automobile accident, or any situation requiring immediate action to preventserious bodily injury or loss or life.Establishment. Means any privately-owned place of business operated for a profit towhich the public is invited, including but not limited to any place of amusement orentertainment.Guardian. Means: (1) a person who, under court order, is the guardian of the person of a minor;or (2) a public or private agency with whom a minor has been placed by a court.
  • 140. Minor. Means any person under 17 years of age.Operator. Means any individual, firm, association, partnership, or corporation, operating,managing, or conducting any establishment. The term includes the members orpartners of an association or partnership and the officers of a corporation.Parent. Means a person who is: (1) a natural parent, adoptive parent, or step-parent of another person; or (2) at least 18 years of age and authorized by a parent or guardian to havethe care and custody of a minor.Public Place. Means any place to which the public or a substantial group of the publichas access and includes, but is not limited to, streets, highways, and the common areasof schools, hospitals, apartment houses, office buildings, transport facilities, and shops.Remain. Means to: (1) linger or stay; or (2) fail to leave premises when requested to do so by a peace officer or theowners, operator, or other person in control of the premises.Serious Bodily Injury. Means bodily injury that creates a substantial risk of death or thatcauses death, serious permanent disfigurement, or protracted loss or impairment of thefunction of any bodily member or organ.Sec. 8.802 Offenses(a) It shall be unlawful for any minor to knowingly remain, walk, run, stand, drive orride about, in or upon any public place in the City of San Angelo between the hours of: (1) 11:00 p.m. Sunday evening and 6:00 a.m. Monday morning; (2) 11:00 p.m. Monday evening and 6:00 a.m. Tuesday morning; (3) 11:00 p.m. Tuesday evening and 6:00 a.m. Wednesday morning; (4) 11:00 p.m. Wednesday evening and 6:00 a.m. Thursday morning; (5) 11:00 p.m. Thursday evening and 6:00 a.m. Friday morning; (6) 12:01 a.m. Saturday morning and 6:00 a.m. Saturday morning; and (7) 12:01 a.m. Sunday morning and 6:00 a.m. Sunday morning.
  • 141. (b) A parent or guardian of a minor commits an offense if he knowingly permits, or byinsufficient control allows, the minor to remain in any public place or on the premises ofany establishment within the city during curfew hours.(c) The owner, operator, or any employee of an establishment commits an offense ifhe knowingly allows a minor to remain upon the premises of the establishment duringcurfew hours.Sec. 8.803 Defenses(a) It is a defense to prosecution under Section 8.802(a), (b) and (c) that the minorwas: (1) accompanied by the minors parent or guardian; (2) on an errand at the direction of the minors parent or guardian, without anydetour or stop; (3) in a motor vehicle involved in interstate travel; (4) engaged in a employment activity, or going to or returning home from anemployment activity, without any detour or stop; (5) involved in an emergency; (6) on the sidewalk abutting the minors residence or abutting the residence ofa next door neighbor if the neighbor did not complain to the police department about theminors presence; (7) attending an official school, religious, or other recreational activitysupervised by adults and sponsored by the City of San Angelo, a civic organization, oranother similar entity that takes responsibility for the minor, or going to or returninghome from, without any detour or stop, an official school, religious, or other recreationalactivity supervised by adults and sponsored by the City of San Angelo, a civicorganization, or another similar entity that takes responsibility for the minor; (8) exercising First Amendment rights protected by the United StatesConstitution, such as the free exercise of religion, freedom of speech, and the right ofassembly; (9) married or had been married or had disabilities of minority removed inaccordance with Chapter 31 of the Texas Family Code; or(b) It is a defense to prosecution under Section 8.802(c) that the owner, operator, oremployee of an establishment promptly notified the police department or a peaceofficer, that a minor was present on the premises of the establishment during curfewhours and refused to leave.
  • 142. Sec. 8.804 EnforcementBefore taking any enforcement action under this article, a peace officer shall ask theapparent offenders age and reason for being in the public place. The officer shall notissue a citation or make an arrest under this article unless the officer reasonablybelieves that an offense has occurred and that, based on any response and othercircumstances, no defense in Section 8.803 is present.Sec. 8.805 Children Taken Into Custody for Violation of the Juvenile CurfewAs provided by state law:(a) A peace officer taking a minor into custody for violation of this article shall,without unnecessary delay: (1) release the minor to the minors parent, guardian, or custodian; (2) take the minor before a municipal or justice court to answer the charge; or (3) take the minor to a place designated as a juvenile curfew processing office bythe chief of police.(b) The juvenile curfew processing office shall observe the following procedures: (1) the office shall be an unlocked, multipurpose area that is not designated,set aside, or used as a secure detention area or part of a secure detention area; (2) the minor will not be secured physically to a cuffing rail, chair, desk orstationary object; (3) the minor will not be held longer than necessary to accomplish thepurposes of identification, investigation, processing, release to parents, guardians, orcustodians, and arrangement of transportation to school or court; (4) a juvenile curfew processing office will not be designated or intended forresidential purposes: (5) the minor shall be under continuous visual supervision by a peace officeror other person during the time the minor is in the juvenile curfew processing office; and (6) a minor will not be held in a juvenile curfew processing once for more thansix hours.Sec. 8.806 PenaltiesA person who violates a provision of this chapter is guilty of a separate offense for eachday or part of a day during which the violation is committed, continued, or permitted.
  • 143. Each offense, upon conviction, is punishable by a fine in accordance with the generalpenalty provision found in Section 1.106.Sec. 8.807 ReviewWithin three (3) years of the date of adoption of this article, and every third yearthereafter, the city council shall:(a) review the articles effects on the community and on problems which the articlewas intended to remedy;(b) conduct public hearings on the need to continue the article; and(c) abolish, continue or modify the article. 2) THAT, the following severability clause is adopted with this ordinance: SEVERABILITY: That the terms and provisions of this Ordinance shall be deemed to be severable in that if any portion of this Ordinance shall be declared to be invalid, the same shall not affect the validity of the other provisions of this Ordinance. 3) THAT, this Ordinance shall be effective on, from and after December 15, 2009. INTRODUCED on the ______ day of _____________, 2012 and finallyPASSED, APPROVED and ADOPTED on this the _____ day of _____________, 2012. CITY OF SAN ANGELO BY: _____________________________ Alvin New, MayorATTEST:_____________________Alicia Ramirez, City ClerkAPPROVED AS TO CONTENT: APPROVED AS TO FORM:Tim Vasquez Lysia BowlingChief of Police City Attorney
  • 144. City of San AngeloMemo Date: 10/24/12 To: Mayor and Councilmembers From: Finance Department, Steve Mahaffey Subject: Agenda Item for (11/06/12) Council Meeting Contact: Michael Dane, Finance Department, Phone# 657-4268 Caption: st nd Regular (1 reading) Consent (2 reading) Consider adoption of an ordinance authorizing the issuance of General Obligation Refunding Bonds; establishing procedures and delegating authority for the sale and delivery of the bonds; providing for the security and payment of said bonds; providing an effective date; and enacting other provisions relating to the subject. Summary: Discussion and consideration regarding the possibility of refinancing Series 2005 Certificates of Obligation for half cent sales tax projects. Refinancing will allow the negotiation of a lower interest rate and will create savings for the City and COSADC. History: Ordinance was adopted for the issuance of Series 2005 Certificates of Obligation on October 4, 2005. Financial Impact: Potential savings of approximately $455,000, or approximately $60,000 a year. (These totals are subject to change based on market value at time of agreement) Related Vision Item (if applicable): None. Other Information/Recommendation: None Attachments: Ordinance Presentation: No special equipment is required. Michael Dane and Vince Viaille with Specialized Public Finance, Inc. will present additional information Publication: None Reviewed by Service Area Director: Michael Dane, ACM/CFO Approved by Legal:
  • 145. AUTHORIZING THE ISSUANCE OF CITY OF SAN ANGELO, TEXAS, GENERAL OBLIGATIONREFUNDING BONDS; ESTABLISHING PROCEDURES AND DELEGATING AUTHORITY FORTHE SALE AND DELIVERY OF THE BONDS; PROVIDING FOR THE SECURITY ANDPAYMENT OF SAID BONDS; PROVIDING AN EFFECTIVE DATE; AND ENACTING OTHERPROVISIONS RELATING TO THE SUBJECTTHE STATE OF TEXAS §COUNTY OF TOM GREEN §CITY OF SAN ANGELO § WHEREAS, there are presently the outstanding obligations of the City of San Angelo, Texas (the"Issuer"), described in Schedule I attached hereto, collectively, the "Eligible Refunded Obligations"; WHEREAS, the Issuer now desires to refund all or part of the Eligible Refunded Obligations, andthose Eligible Refunded Obligations designated by the Pricing Officer in the Pricing Certificate, each asdefined below, to be refunded are herein referred to as the "Refunded Obligations"; WHEREAS, Chapter 1207, Texas Government Code, authorizes the Issuer to issue refunding bondsand to deposit the proceeds from the sale thereof, together with any other available funds or resources,directly with a paying agent for any of the Refunded Obligations or a trust company or commercial bank thatdoes not act as a depository for the Issuer and is named in these proceedings, and such deposit, if made beforethe payment dates of the Refunded Obligations, shall constitute the making of firm banking and financialarrangements for the discharge and final payment of the Refunded Obligations; WHEREAS, Chapter 1207, Texas Government Code, further authorizes the Issuer to enter into anescrow agreement with such paying agent for the Refunded Obligations or trust company or commercial bankwith respect to the safekeeping, investment, reinvestment, administration and disposition of any such deposit,upon such terms and conditions as the Issuer and such paying agent or trust company or commercial bankmay agree; WHEREAS, this City Council hereby finds and determines that it is a public purpose and in the bestinterests of the Issuer to refund the Refunded Obligations in order to achieve a present value debt servicesavings of at least 4.75%, with such savings, among other information and terms to be included in a pricingcertificate (the "Pricing Certificate") to be executed by the Pricing Officer (hereinafter designated) withrespect to each series of Bonds, all in accordance with the provisions of Section 1207.007, Texas GovernmentCode; WHEREAS, all the Refunded Obligations mature or are subject to redemption prior to maturitywithin 20 years of the date of the bonds hereinafter authorized; WHEREAS, the bonds hereafter authorized are being issued and delivered pursuant to said Chapter1207, Texas Government Code; 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:
  • 146. Section 1. RECITALS, AMOUNT, PURPOSE AND DESIGNATION OF THE BONDS. (a) The recitals set forth in the preamble hereof are incorporated herein and shall have the same forceand effect as if set forth in this Section. (b) The bonds of the City of San Angelo, Texas (the "Issuer"), are hereby authorized to be issuedand delivered, in one or more series, in the aggregate principal amount hereinafter provided for the publicpurpose of providing funds to refund a portion of the Issuers outstanding indebtedness and to pay the costsincurred in connection with the issuance of the Bonds. (c) Each bond issued pursuant to this Ordinance shall be designated: "CITY OF SAN ANGELO,TEXAS, GENERAL OBLIGATION REFUNDING BOND, SERIES 2012" (series to be designated asdescribed in Section 2(a)), and initially there shall be issued, sold, and delivered hereunder fully registeredBonds, without interest coupons, payable to the respective registered owners thereof (with the initial bondsbeing made payable to the initial purchaser as described in Section 10 hereof), or to the registered assigneeor assignees of said bonds or any portion or portions thereof (in each case, the "Registered Owner"). TheBonds shall be in the respective denominations and principal amounts, shall be numbered, shall mature andbe payable on the date or dates in each of the years and in the principal amounts, and shall bear interest totheir respective dates of maturity or redemption prior to maturity at the rates per annum, as set forth in theRespective Pricing Certificate. Section 2. DELEGATION TO PRICING OFFICER. (a) As authorized by Section 1207.007, Texas Government Code, as amended, the City Manager andthe Director of Finance (each a "Pricing Officer") are each hereby authorized to act on behalf of the Issuerin selling and delivering the Bonds, in one or more series, and with respect to each such series, determiningwhich of the Eligible Refunded Obligations shall be refunded and carrying out the other procedures specifiedin this Ordinance, including, determining the date of the Bonds, any additional or different designation or titleby which the Bonds shall be known, the price at which the Bonds will be sold, the years in which the Bondswill mature, the principal amount to mature in each of such years, the rate of interest to be borne by each suchmaturity, the interest payment and record dates, the price and terms upon and at which the Bonds shall besubject to redemption prior to maturity at the option of the Issuer, as well as any mandatory sinking fundredemption provisions, and all other matters relating to the issuance, sale, and delivery of the Bonds and therefunding of the Refunded Bonds, including without limitation establishing the redemption dates for andeffecting the redemption of the Refunded Obligations and obtaining municipal bond insurance for all or anyportion of the Bonds and providing for the terms and provisions thereof applicable to the Bonds, to procurebond insurance, including the execution of any commitment agreements, membership agreements in mutualinsurance companies, and other similar agreements, all of which shall be specified in the Pricing Certificate;provided that: (i) the aggregate original principal amount of the Bonds authorized pursuant to this Ordinance, whether one or more series, shall not exceed $8,000,000; (ii) the refunding must produce a present value debt service savings, when calculated with respect to all of the Refunded Obligations, of at least 4.75%; (iii) the true interest cost of the Bonds shall not exceed 1.85% per annum provided that the net effective interest rate on each series of the Bonds shall not exceed the maximum rate set forth in Chapter 1204, Texas Government Code, as amended; 2
  • 147. (iv) the final maturity of the Bonds shall not be later than February 15, 2020; and (iv) the delegation made hereby shall expire if not exercised by the Pricing Officer on or before May 7, 2013. (b) In establishing the aggregate principal amount of the Bonds, the Pricing Officer shall establishan amount not exceeding the amount authorized in Subsection (a) hereof, which shall be sufficient in amountto provide for the purposes for which the Bonds are authorized and to pay costs of issuing the Bonds. TheBonds shall be sold with and subject to such terms as set forth in the Pricing Certificate. (c) References herein to the Pricing Certificate shall mean the Pricing Certificate executed withrespect to the series of Bonds identified in such Pricing Certificate. The provisions hereof referring to the"Bonds" shall be applicable to each series, whether one or more, of Bonds issued pursuant to this Ordinanceand each Pricing Certificate unless specifically provided otherwise in the Pricing Certificate for a series ofBonds. Section 3. CHARACTERISTICS OF THE BONDS. (a) Registration. The selection and appointment of the paying agent/registrar for the Bonds (the"Paying Agent/Registrar") shall be as set forth in the Pricing Certificate. The Issuer shall keep or cause to bekept at the corporate trust office of the Paying Agent/Registrar books or records for the registration of thetransfer, conversion and exchange of the Bonds (the "Registration Books") in accordance with the terms andprovisions of a "Paying Agent/Registrar Agreement" which the Pricing Officer is hereby authorized toexecute and deliver in connection with the delivery of the Bonds, 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 within three days of presentation in due and proper form. ThePaying Agent/Registrar shall obtain and record in the Registration Books the address of the registered ownerof each Bond to which payments with respect to the Bonds shall be mailed, as herein provided; but it shallbe the duty of each registered owner to notify the Paying Agent/Registrar in writing of the address to whichpayments shall be mailed, and such interest payments shall not be mailed unless such notice has been given.The Issuer shall have the right to inspect the Registration Books during regular business hours of the PayingAgent/Registrar, but otherwise the Paying Agent/Registrar shall keep the Registration Books confidential and,unless otherwise required by law, shall not permit their inspection by any other entity. The Issuer shall paythe Paying Agent/Registrars standard or customary fees and charges for making such registration, transfer,conversion, exchange and delivery of a substitute Bond or Bonds. Registration of assignments, transfers,conversions and exchanges of Bonds shall be made in the manner provided and with the effect stated in theFORM OF BOND set forth in this Ordinance. Each substitute Bond shall bear a letter and/or number todistinguish it from each other Bond. (b) Transfer, Conversion and Exchange. Except as provided in Section 3(d) of this Ordinance, anauthorized representative of the Paying Agent/Registrar shall, before the delivery of any such Bond, date andmanually sign said Bond, and no such Bond shall be deemed to be issued or outstanding unless such Bondis so executed. The Paying Agent/Registrar promptly shall cancel all paid Bonds and Bonds surrendered forconversion and exchange. No additional ordinances, orders, or resolutions need be passed or adopted by thegoverning body of the Issuer or any other body or person so as to accomplish the foregoing conversion andexchange of any Bond or portion thereof, and the Paying Agent/Registrar shall provide for the printing,execution, and delivery of the substitute Bonds in the manner prescribed herein. Pursuant to Chapter 1201,Government Code, as amended, the duty of conversion and exchange of Bonds as aforesaid is hereby imposed 3
  • 148. upon the Paying Agent/Registrar, and, upon the execution of said Bond, the converted and exchanged Bondshall be valid, incontestable, and enforceable in the same manner and with the same effect as the Bonds thatinitially were issued and delivered pursuant to this Ordinance, approved by the Attorney General andregistered by the Comptroller of Public Accounts. (c) Payment of Bonds and Interest. The Issuer hereby further appoints the Paying Agent/Registrarto act as the paying agent for paying the principal of and interest on the Bonds, all as provided in thisOrdinance. The Paying Agent/Registrar shall keep proper records of all payments made by the Issuer andthe Paying Agent/Registrar with respect to the Bonds, and of all conversions and exchanges of Bonds, andall replacements of Bonds, as provided in this Ordinance. However, in the event of a nonpayment of intereston a scheduled payment date, and for thirty (30) days thereafter, a new record date for such interest payment(a "Special Record Date") will be established by the Paying Agent/Registrar, if and when funds for thepayment of such interest have been received from the Issuer. Notice of the Special Record Date and of thescheduled payment date of the past due interest (which shall be 15 days after the Special Record Date) shallbe sent at least five (5) business days prior to the Special Record Date by United States mail, first classpostage 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. (d) In General. The Bonds (i) shall be issued in fully registered form, without interest coupons, withthe principal of and interest on such Bonds to be payable only to the registered owners thereof, (ii) shall bein the denominations, (iii) may be converted and exchanged for other Bonds, (iv) may be transferred andassigned, (v) shall have the characteristics, (vi) shall be signed, sealed, executed and authenticated, (vii) theprincipal of and interest on the Bonds shall be payable, and (viii) shall be administered and the PayingAgent/Registrar and the Issuer shall have certain duties and responsibilities with respect to the Bonds, all asprovided, and in the manner and to the effect as required or indicated, in the FORM OF BOND set forth inthis Ordinance. The Bond initially issued and delivered pursuant to this Ordinance is not required to be, andshall not be, authenticated by the Paying Agent/Registrar, but on each substitute Bond issued in conversionof and exchange for any Bond or Bonds issued under this Ordinance the Paying Agent/Registrar shall executethe PAYING AGENT/REGISTRARS AUTHENTICATION CERTIFICATE, in the form set forth in theFORM OF BOND. (e) Paying Agent/Registrar. The Issuer covenants with the registered owners of the Bonds that atall times while the Bonds are outstanding the Issuer will provide a competent and legally qualified bank, trustcompany, financial institution, or other entity to act as and perform the services of Paying Agent/Registrarfor the Bonds under this Ordinance, and that the Paying Agent/Registrar will be one entity. The Issuerreserves the right to, and may, at its option, change the Paying Agent/Registrar upon not less than 120 dayswritten notice to the Paying Agent/Registrar, to be effective not later than 60 days prior to the next principalor interest payment date after such notice. In the event that the entity at any time acting as PayingAgent/Registrar (or its successor by merger, acquisition, or other method) should resign or otherwise ceaseto act as such, the Issuer covenants that promptly it will appoint a competent and legally qualified bank, trustcompany, financial institution, or other agency to act as Paying Agent/Registrar under this Ordinance. Uponany change in the Paying Agent/Registrar, the previous Paying Agent/Registrar promptly shall transfer anddeliver the Registration Books (or a copy thereof), along with all other pertinent books and records relatingto the Bonds, to the new Paying Agent/Registrar designated and appointed by the Issuer. Upon any changein the Paying Agent/Registrar, the Issuer promptly will cause a written notice thereof to be sent by the newPaying Agent/Registrar to each Registered Owner of the Bonds, by United States mail, first-class postageprepaid, 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 theprovisions of this Ordinance, and a certified copy of this Ordinance shall be delivered to each PayingAgent/Registrar. 4
  • 149. (f) Authentication. Except as provided below, no Bond shall be valid or obligatory for any purposeor be entitled to any security or benefit of this Ordinance unless and until there appears thereon the Certificateof Paying Agent/Registrar substantially in the form provided in this Ordinance, duly authenticated by manualexecution of the Paying Agent/Registrar. It shall not be required that the same authorized representative ofthe Paying Agent/Registrar sign the Certificate of Paying Agent/Registrar on all of the Bonds. In lieu of theexecuted Certificate of Paying Agent/Registrar described above, the Initial Bond delivered on the closing dateshall have attached thereto the Comptrollers Registration Certificate substantially in the form provided in thisOrdinance, manually executed by the Comptroller of Public Accounts of the State of Texas or by his dulyauthorized agent, which certificate shall be evidence that the Initial Bond has been duly approved by theAttorney General of the State of Texas and that it is a valid and binding obligation of the Issuer, and has beenregistered by the Comptroller. (g) Book-Entry Only System. Upon initial issuance, the ownership of the Bonds may, if sodesignated by the Pricing Officer, be registered in the name of Cede & Co., as nominee of The DepositoryTrust Company, New York, New York ("DTC"), pursuant to the Book-Entry Only System hereinafterdescribed and the provisions of subsections (g), (h) and (i) of this Section shall apply to the Bonds, and exceptas provided in subsection (j) hereof, all of the outstanding Bonds shall be registered in the name of Cede &Co., as nominee of DTC. With respect to Bonds registered in the name of Cede & Co., as nominee of DTC, the Issuer and thePaying 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 was created("DTC Participant") to hold securities to facilitate the clearance and settlement of securities transactionsamong DTC Participants or to any person on behalf of whom such a DTC Participant holds an interest in theBonds. Without limiting the immediately preceding sentence, the Issuer and the Paying Agent/Registrar shallhave no responsibility or obligation with respect to (i) the accuracy of the records of DTC, Cede & Co. or anyDTC Participant with respect to any ownership interest in the Bonds, (ii) the delivery to any DTC Participantor any other person, other than a Registered Owner of Bonds, as shown on the Registration Books, of anynotice with respect to the Bonds, or (iii) the payment to any DTC Participant or any other person, other thana Registered Owner of Bonds, as shown in the Registration Books of any amount with respect to principalof or interest on the Bonds. Notwithstanding any other provision of this Ordinance to the contrary, the Issuerand the Paying Agent/Registrar shall be entitled to treat and consider the person in whose name each Bondis registered in the Registration Books as the absolute owner of such Bond for the purpose of payment ofprincipal and interest with respect to such Bond, for the purpose of registering transfers with respect to suchBond, and for all other purposes whatsoever. The Paying Agent/Registrar shall pay all principal of andinterest on the Bonds only to or upon the order of the Registered Owners, as shown in the Registration Booksas provided in this Ordinance, or their respective attorneys duly authorized in writing, and all such paymentsshall be valid and effective to fully satisfy and discharge the Issuers obligations with respect to payment ofprincipal of and interest on the Bonds to the extent of the sum or sums so paid. No person other than aRegistered Owner, as shown in the Registration Books, shall receive a Bond evidencing the obligation of theIssuer to make payments of principal and interest pursuant to this Ordinance. Upon delivery by DTC to thePaying Agent/Registrar of written notice to the effect that DTC has determined to substitute a new nomineein place of Cede & Co., and subject to the provisions in this Ordinance with respect to interest checks beingmailed to the Registered Owner at the close of business on the Record date, the words "Cede & Co." in thisOrdinance shall refer to such new nominee of DTC. 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 Bonds. 5
  • 150. (h) 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 the Bondsthat they be able to obtain certificated Bonds, the Issuer shall (i) appoint a successor securities depository,qualified to act as such under Section 17A of the Securities and Exchange Act of 1934, as amended, notifyDTC and DTC Participants of the appointment of such successor securities depository and transfer one ormore separate Bonds to such successor securities depository or (ii) notify DTC and DTC Participants of theavailability through DTC of Bonds and transfer one or more separate certificated Bonds to DTC Participantshaving Bonds credited to their DTC accounts. In such event, the Bonds shall no longer be restricted to beingregistered in the Registration Books in the name of Cede & Co., as nominee of DTC, but may be registeredin the name of the successor securities depository, or its nominee, or in whatever name or names RegisteredOwners transferring or exchanging Bonds shall designate, in accordance with the provisions of thisOrdinance. (i) Payments to Cede & Co. Notwithstanding any other provision of this Ordinance to the contrary,so long as any Bond is registered in the name of Cede & Co., as nominee of DTC, all payments with respectto principal of and interest on such Bond and all notices with respect to such Bond shall be made and given,respectively, in the manner provided in the representations letter of the Issuer to DTC. (j) Cancellation of Initial Bond. On the closing date, one initial Bond representing the entireprincipal amount of the Bonds, payable in stated installments to the purchaser designated in Section 10 or itsdesignee, executed by manual or facsimile signature of the Mayor and City Clerk of the Issuer, approved bythe Attorney General of Texas, and registered and manually signed by the Comptroller of Public Accountsof the State of Texas, will be delivered to such purchaser or its designee. Upon payment for the initial Bond,the Paying Agent/Registrar shall: (i) if the Bonds are sold by private placement, insert the delivery date onthe initial Bond and deliver the initial Bond to the Purchaser, with any Bonds transferred, exchanged orsubstituted therefor to be registered in the name of the Registered Owner thereof, or (ii) if the Bonds are soldby negotiated or competitive sale, the Paying Agent/Registrar shall cancel the initial Bond and deliver to theDepository Trust Company on behalf of such purchaser one registered definitive Bond for each year ofmaturity of the Bonds, in the aggregate principal amount of all of the Bonds for such maturity. To the extentthat the Paying Agent/Registrar is eligible to participate in DTCs FAST System, pursuant to an agreementbetween the Paying Agent/Registrar and DTC, the Paying Agent/Registrar shall hold the definitive Bondsin safekeeping for DTC Section 4. FORM OF BONDS. The form of the Bonds, 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 Bonds initially issued anddelivered pursuant to this Ordinance, shall be, respectively, substantially as follows, with such appropriatevariations, omissions or insertions as are permitted or required by this Ordinance, and with the Bonds to becompleted with information set forth in the Pricing Certificate. (a) Form of Bond.NO. R- PRINCIPAL UNITED STATES OF AMERICA AMOUNT STATE OF TEXAS $________ CITY OF SAN ANGELO, TEXAS GENERAL OBLIGATION REFUNDING BOND SERIES ___________ 6
  • 151. INTEREST RATE DATE OF BONDS MATURITY DATE CUSIP NO. ____________ ____________ ____________ ____________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 ___________, _____ at the Interest Rate per annum specified above. Interest is payableon ______________, ____ and semiannually on each _____________ and _____________ thereafter to theMaturity Date specified above, or the date of redemption prior to maturity; except, if this Bond is requiredto be authenticated and the date of its authentication is later than the first Record Date (hereinafter defined),such principal amount shall bear interest from the interest payment date next preceding the date ofauthentication, unless such date of authentication is after any Record Date but on or before the next followinginterest payment date, in which case such principal amount shall bear interest from such next followinginterest payment date; provided, however, that if on the date of authentication hereof the interest on the Bondor Bonds, if any, for which this Bond is being exchanged is due but has not been paid, then this Bond shallbear interest from the date to which such interest has been paid in full. THE PRINCIPAL OF AND INTEREST ON this Bond are payable in lawful money of the UnitedStates of America, without exchange or collection charges. The principal of this Bond shall be paid to theregistered owner hereof upon presentation and surrender of this Bond at maturity, or upon the date fixed forits redemption prior to maturity, at the principal corporate trust office of ___________________, ______,Texas, which is the "Paying Agent/Registrar" for this Bond. The payment of interest on this Bond shall bemade by the Paying Agent/Registrar to the registered owner hereof on each interest payment date by checkor draft, dated as of such interest payment date, drawn by the Paying Agent/Registrar on, and payable solelyfrom, funds of the Issuer required by the ordinance authorizing the issuance of this Bond (the "BondOrdinance") to be on deposit with the Paying Agent/Registrar for such purpose as hereinafter provided; andsuch check or draft shall be sent by the Paying Agent/Registrar by United States mail, first-class postageprepaid, on each such interest payment date, to the registered owner hereof, at its address as it appeared onthe ________________ day of the month preceding each such date (the "Record Date") on the RegistrationBooks kept by the Paying Agent/Registrar, as hereinafter described. In addition, interest may be paid by suchother method, acceptable to the Paying Agent/Registrar, requested by, and at the risk and expense of, theregistered owner. In the event of a non-payment of interest on a scheduled payment date, and for 30 daysthereafter, a new record date for such interest payment (a "Special Record Date") will be established by thePaying Agent/Registrar, if and when funds for the payment of such interest have been received from theIssuer. Notice of the Special Record Date and of the scheduled payment date of the past due interest (whichshall be 15 days after the Special Record Date) shall be sent at least five business days prior to the SpecialRecord Date by United States mail, first-class postage prepaid, to the address of each owner of a Bondappearing on the Registration Books at the close of business on the last business day next preceding the dateof mailing of such notice. ANY ACCRUED INTEREST due at maturity or upon the redemption of this Bond prior to maturityas provided herein shall be paid to the registered owner upon presentation and surrender of this Bond for 7
  • 152. payment or redemption at the principal corporate trust office of the Paying Agent/Registrar. The Issuercovenants with the registered owner of this Bond that on or before each principal payment date and interestpayment date for this Bond it will make available to the Paying Agent/Registrar, from the "Interest andSinking Fund" created by the Bond Ordinance, the amounts required to provide for the payment, inimmediately available funds, of all principal of and interest on the Bonds, when due. IF THE DATE for any payment of the principal of or interest on this Bond 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 forceand effect as if made on the original date payment was due. THIS BOND is one of a series of Bonds dated _________________, ______, authorized inaccordance with the Constitution and laws of the State of Texas in the principal amount of $____________for the public purposes of refunding certain outstanding obligations of the Issuer, and to pay the costs incurredin connection with the issuance of the Bonds. ON _____________________, or on any date thereafter, the Bonds of this series may be redeemedprior to their scheduled maturities, at the option of the Issuer, with funds derived from any available andlawful source, as a whole, or in part, and, if in part, the particular Bonds, or portions thereof, to be redeemedshall be selected and designated by the Issuer (provided that a portion of a Bond may be redeemed only inan 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. THE BONDS scheduled to mature on _____________ in the years ____ and ____ ( the "TermBonds") are subject to scheduled mandatory redemption by the Paying Agent/Registrar by lot, or by any othercustomary method that results in a random selection, at a price equal to the principal amount thereof, plusaccrued interest to the redemption date, out of moneys available for such purpose in the interest and sinkingfund for the Bonds, on the dates and in the respective principal amounts, set forth in the following schedule: Term Bond Term Bond Maturity: _________, ____ Maturity: _________, ____ Principal Principal Mandatory Redemption Date Amount Mandatory Redemption Date Amount_________, ____ $___________ _________, ____ $____________________, ____ ___________ _________, ____ ____________________, ____ ___________ _________, ____ ____________________, ____(maturity) ___________ _________, ____ (maturity) ___________The principal amount of Term Bonds of a stated maturity required to be redeemed on any mandatoryredemption date pursuant to the operation of the mandatory sinking fund redemption provisions shall bereduced, at the option of the District, by the principal amount of any Term Bonds of the same maturity which,at least 50 days prior to a mandatory redemption date (1) shall have been acquired by the District at a pricenot exceeding the principal amount of such Term Bonds plus accrued interest to the date of purchase thereof,and delivered to the Paying Agent/Registrar for cancellation, (2) shall have been purchased and canceled bythe Paying Agent/Registrar at the request of the District at a price not exceeding the principal amount of such 8
  • 153. Term Bonds plus accrued interest to the date of purchase, or (3) shall have been redeemed pursuant to theoptional redemption provisions and not theretofore credited against a mandatory redemption requirement. 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 Bonds called for redemption, such notice may state that it is conditional, and issubject to the deposit of the redemption moneys with the Paying Agent/Registrar or legally authorized escrowagent at 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. AT LEAST 30 days prior to the date fixed for any redemption of Bonds or portions thereof prior tomaturity 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 Bond 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 anydefect therein or in the sending or mailing thereof, shall not affect the validity or effectiveness of theproceedings for the redemption of any Bond. By the date fixed for any such redemption due provision shallbe made with the Paying Agent/Registrar for the payment of the required redemption price for the Bonds orportions thereof that are to be so redeemed. If such written notice of redemption is sent and if due provisionfor such payment is made, all as provided above, the Bonds or portions thereof that are to be so redeemedthereby automatically shall be treated as redeemed prior to their scheduled maturities, and they shall not bearinterest after the date fixed for redemption, and they shall not be regarded as being outstanding except for theright of the registered owner to receive the redemption price from the Paying Agent/Registrar out of the fundsprovided for such payment. If a portion of any Bond shall be redeemed, a substitute Bond or Bonds havingthe 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 thereoffor cancellation, at the expense of the Issuer, all as provided in the Bond Ordinance. ALL BONDS OF THIS SERIES are issuable solely as fully registered bonds, without interestcoupons, in the denomination of any integral multiple of $5,000. As provided in the Bond Ordinance, thisBond may, at the request of the registered owner or the assignee or assignees hereof, be assigned, transferred,converted into and exchanged for a like aggregate principal amount of fully registered Bonds, without interestcoupons, payable to the appropriate registered owner, assignee or assignees, as the case may be, having thesame denomination or denominations in any integral multiple of $5,000 as requested in writing by theappropriate registered owner, assignee or assignees, as the case may be, upon surrender of this Bond to thePaying Agent/Registrar for cancellation, all in accordance with the form and procedures set forth in the BondOrdinance. Among other requirements for such assignment and transfer, this Bond must be presented andsurrendered to the Paying Agent/Registrar, together with proper instruments of assignment, in form and withguarantee of signatures satisfactory to the Paying Agent/Registrar, evidencing assignment of this Bond or anyportion or portions hereof in any integral multiple of $5,000 to the assignee or assignees in whose name ornames this Bond or any such portion or portions hereof is or are to be registered. The form of Assignmentprinted or endorsed on this Bond may be executed by the registered owner to evidence the assignment hereof,but such method is not exclusive, and other instruments of assignment satisfactory to the PayingAgent/Registrar may be used to evidence the assignment of this Bond or any portion or portions hereof fromtime to time by the registered owner. The Paying Agent/Registrars reasonable standard or customary feesand charges for assigning, transferring, converting and exchanging any Bond or portion thereof will be paidby the Issuer. In any circumstance, any taxes or governmental charges required to be paid with respectthereto shall be paid by the one requesting such assignment, transfer, conversion or exchange, as a condition 9
  • 154. precedent to the exercise of such privilege. The Paying Agent/Registrar shall not be required to make anysuch transfer, conversion, or exchange (i) during the period commencing with the close of business on anyRecord Date and ending with the opening of business on the next following principal or interest payment date,or (ii) with respect to any Bond or any portion thereof called for redemption prior to maturity, within 45 daysprior to its redemption date. IN THE EVENT any Paying Agent/Registrar for the Bonds is changed by the Issuer, resigns, orotherwise ceases to act as such, the Issuer has covenanted in the Bond Ordinance that it promptly will appointa competent and legally qualified substitute therefor, and cause written notice thereof to be mailed to theregistered owners of the Bonds. IT IS HEREBY certified, recited and covenanted that this Bond has been duly and validly authorized,issued and delivered; that all acts, conditions and things required or proper to be performed, exist and be doneprecedent to or in the authorization, issuance and delivery of this Bond have been performed, existed and beendone in accordance with law; and that annual ad valorem taxes sufficient to provide for the payment of theinterest on and principal of this Bond, as such interest comes due and such principal matures, have beenlevied and ordered to be levied against all taxable property in said Issuer, and have been pledged for suchpayment, within the limit prescribed by law. THE ISSUER HAS RESERVED THE RIGHT to amend the Bond Ordinance as provided therein,and under some (but not all) circumstances amendments thereto must be approved by the registered ownersof a majority in aggregate principal amount of the outstanding Bonds. BY BECOMING the registered owner of this Bond, the registered owner thereby acknowledges allof the terms and provisions of the Bond Ordinance, agrees to be bound by such terms and provisions,acknowledges that the Bond 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 Bond andthe Bond Ordinance constitute a contract between each registered owner hereof and the Issuer. IN WITNESS WHEREOF, the Issuer has caused this Bond to be signed with the manual or facsimilesignature of the Mayor of the Issuer (or in the absence of the Mayor, the Mayor Pro Tem of the Issuer) 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 Bond. (signature) (signature) City Clerk Mayor(SEAL) (b) Form of Paying Agent/Registrars Authentication Certificate. PAYING AGENT/REGISTRARS AUTHENTICATION CERTIFICATE (To be executed if this Bond 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 Bond has been issued under the provisions of the Bond Ordinancedescribed in the text of this Bond; and that this Bond has been issued in conversion or replacement of, or inexchange for, a Bond, Bonds, or a portion of a Bond or Bonds of a series that originally was approved by theAttorney General of the State of Texas and registered by the Comptroller of Public Accounts of the State ofTexas. 10
  • 155. Dated: . , 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 transfersunto:Transferees Social Security or Taxpayer Identification Number:Transferees name and address, including zip code:the within Bond and all rights thereunder, and hereby irrevocably constitutes and appoints , attorney, to register the transfer ofthe within Bond 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 Bond in every particular, withoutguarantee program. 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 Bond has been examined, certified as to validity and approved by theAttorney General of the State of Texas, and that this Bond has been registered by the Comptroller of PublicAccounts of the State of Texas. Witness my signature and seal this . 11
  • 156. Comptroller of Public Accounts of the State ofTexas(COMPTROLLERS SEAL) (e) Initial Bond Insertions. (i) The initial Bond shall be in the form set forth is paragraph (a) of this Section, except that: A. immediately under the name of the Bond, 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 ___________________in each of the years, in the principal installments and bearing interest at the per annum rates set forth in thefollowing schedule: Years Principal Amount Interest Rates (Information from Section 2 to be inserted)The Issuer promises to pay interest on the unpaid principal amount hereof (calculated on the basis of a 360-day year of twelve 30-day months) from ____________, ____ at the respective Interest Rate per annumspecified above. Interest is payable on _____________, ____, and semiannually on each _______________and _______________ thereafter to the date of payment of the principal installment specified above, or thedate of redemption prior to maturity; except, that if this Bond is required to be authenticated and the date ofits authentication is later than the first Record Date (hereinafter defined), such Principal Amount shall bearinterest 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 whichcase such 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 Bond or Bonds, if any, for which thisBond is being exchanged is due but has not been paid, then this Bond shall bear interest from the date towhich such interest has been paid in full." C. The Initial Bond shall be numbered "T-1." Section 5. INTEREST AND SINKING FUND. (a) A special "Interest and Sinking Fund" is hereby created and shall be established and maintainedby the Issuer as a separate fund or account and the funds therein shall be deposited into and held in an accountat an official depository bank of said Issuer. Said Interest and Sinking Fund shall be kept separate and apartfrom all other funds and accounts of said Issuer, and shall be used only for paying the interest on andprincipal of said Bonds. All amounts received from the sale of the Bonds as accrued interest shall bedeposited upon receipt to the Interest and Sinking Fund, and all ad valorem taxes levied and collected for and 12
  • 157. on account of said Bonds shall be deposited, as collected, to the credit of said Interest and Sinking Fund.During each year while any of said Bonds are outstanding and unpaid, the governing body of said Issuer shallcompute and ascertain a rate and amount of ad valorem tax that will be sufficient to raise and produce themoney required to pay the interest on said Bonds as such interest comes due, and to provide and maintain asinking fund adequate to pay the principal of said Bonds as such principal matures (but never less than 2%of the original amount of said Bonds as a sinking fund each year); and said tax shall be based on the latestapproved tax rolls of said Issuer, with full allowances being made for tax delinquencies and the cost of taxcollection. Said rate and amount of ad valorem tax is hereby levied, and is hereby ordered to be levied,against all taxable property in said Issuer, for each year while any of said Bonds are outstanding and unpaid,and said tax shall be assessed and collected each such year and deposited to the credit of the aforesaid Interestand Sinking Fund. Said ad valorem taxes sufficient to provide for the payment of the interest on and principalof said Bonds, as such interest comes due and such principal matures, are hereby pledged for such payment,within the limit prescribed by law. If lawfully available moneys of the Issuer are actually on deposit in theInterest and Sinking Fund in advance of the time when ad valorem taxes are scheduled to be levied for anyyear, then the amount of taxes that otherwise would have been required to be levied pursuant to this Sectionmay be reduced to the extent and by the amount of the lawfully available funds then on deposit in the Interestand Sinking Fund. (b) Article 1208, Government Code, applies to the issuance of the Bonds and the pledge of the taxesgranted by the Issuer under this Section and is therefore valid, effective, and perfected. Should Texas lawbe amended at any time while the Bonds are outstanding and unpaid, the result of such amendment being thatthe pledge of the taxes granted by the Issuer under this Section is to be subject to the filing requirements ofChapter 9, Business & Commerce Code, in order to preserve to the registered owners of the Bonds 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 BONDS. (a) Any Bond and the interest thereon shall be deemed to be paid, retired and no longer outstanding(a "Defeased Bond") within the meaning of this Ordinance, except to the extent provided in subsection (d)of this Section, when payment of the principal of such Bond, plus interest thereon to the due date (whethersuch due date be by reason of maturity or otherwise) either (i) shall have been made or caused to be made inaccordance with the terms thereof, or (ii) shall have been provided for on or before such due date byirrevocably depositing with or making available to the Paying Agent/Registrar in accordance with an escrowagreement or other instrument (the "Future Escrow Agreement") for such payment (1) lawful money of theUnited States of America sufficient to make such payment or (2) Defeasance Securities that mature as toprincipal 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 theIssuer with the Paying Agent/Registrar for the payment of its services until all Defeased Bonds shall havebecome due and payable. At such time as a Bond shall be deemed to be a Defeased Bond hereunder, asaforesaid, such Bond and the interest thereon shall no longer be secured by, payable from, or entitled to thebenefits of, the ad valorem taxes herein levied and pledged as provided in this Ordinance, and such principaland interest shall be payable solely from such money or Defeasance Securities. Notwithstanding any otherprovision of this Ordinance to the contrary, it is hereby provided that any determination not to redeemDefeased Bonds that is made in conjunction with the payment arrangements specified in subsection (a)(i) or(ii) of this Section shall not be irrevocable, provided that: (1) in the proceedings providing for such paymentarrangements, the Issuer expressly reserves the right to call the Defeased Bonds for redemption; (2) givesnotice of the reservation of that right to the owners of the Defeased Bonds immediately following the making 13
  • 158. of the payment arrangements; and (3) directs that notice of the reservation be included in any redemptionnotices 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 forthe payment of the Bonds 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 Bonds maycontain provisions permitting the investment or reinvestment of such moneys in Defeasance Securities or thesubstitution of other Defeasance Securities upon the satisfaction of the requirements specified in subsection(a)(i) or (ii) of this Section. All income from such Defeasance Securities received by the PayingAgent/Registrar which is not required for the payment of the Defeased Bonds, with respect to which suchmoney has been so deposited, shall be remitted to the Issuer or deposited as directed in writing by the Issuer. (c) The term "Defeasance Securities" means any securities and obligations now or hereafterauthorized by State law that are eligible to discharges obligations such as the Bonds, which undercurrent lawis limited to the following types of securities: (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 ofthe Issuer adopts or approves the proceedings authorizing the financial arrangements are rated as toinvestment quality by a nationally recognized investment rating firm not less than AAA or its equivalent. (d) Until all Defeased Bonds shall have become due and payable, the Paying Agent/Registrar shallperform the services of Paying Agent/Registrar for such Defeased Bonds the same as if they had not beendefeased, and the Issuer shall make proper arrangements to provide and pay for such services as required bythis Ordinance. (e) In the event that the Issuer elects to defease less than all of the principal amount of Bonds of amaturity, the Paying Agent/Registrar shall select, or cause to be selected, such amount of Bonds by suchrandom method as it deems fair and appropriate. Section 7. DAMAGED, MUTILATED, LOST, STOLEN, OR DESTROYED BONDS. (a) Replacement Bonds. In the event any outstanding Bond is damaged, mutilated, lost, stolen ordestroyed, the Paying Agent/Registrar shall cause to be printed, executed and delivered, a new Bond of thesame principal amount, maturity and interest rate, as the damaged, mutilated, lost, stolen or destroyed Bond,in replacement for such Bond in the manner hereinafter provided. (b) Application for Replacement Bonds. Application for replacement of damaged, mutilated, lost,stolen or destroyed Bonds shall be made by the registered owner thereof to the Paying Agent/Registrar. Inevery case of loss, theft or destruction of a Bond, the registered owner applying for a replacement Bond shallfurnish to the Issuer and to the Paying Agent/Registrar such security or indemnity as may be required by themto save each of them harmless from any loss or damage with respect thereto. Also, in every case of loss, theftor destruction of a Bond, the registered owner shall furnish to the Issuer and to the Paying Agent/Registrarevidence to their satisfaction of the loss, theft or destruction of such Bond, as the case may be. In every case 14
  • 159. of damage or mutilation of a Bond, the registered owner shall surrender to the Paying Agent/Registrar forcancellation the Bond so damaged or mutilated. (c) No Default Occurred. Notwithstanding the foregoing provisions of this , in the event any suchBond shall have matured, and no default has occurred that is then continuing in the payment of the principalof, redemption premium, if any, or interest on the Bond, the Issuer may authorize the payment of the same(without surrender thereof except in the case of a damaged or mutilated Bond) instead of issuing areplacement Bond, provided security or indemnity is furnished as above provided in this Section. (d) Charge for Issuing Replacement Bonds. Prior to the issuance of any replacement Bond, thePaying Agent/Registrar shall charge the registered owner of such Bond with all legal, printing, and otherexpenses in connection therewith. Every replacement Bond issued pursuant to the provisions of this Sectionby virtue of the fact that any Bond is lost, stolen or destroyed shall constitute a contractual obligation of theIssuer whether or not the lost, stolen or destroyed Bond shall be found at any time, or be enforceable byanyone, and shall be entitled to all the benefits of this Ordinance equally and proportionately with any andall other Bonds duly issued under this Ordinance. (e) Authority for Issuing Replacement Bonds. In accordance with Sec. 1206.022, Government Code,this Section 7 of this Ordinance shall constitute authority for the issuance of any such replacement Bondwithout necessity of further action by the governing body of the Issuer or any other body or person, and theduty of the replacement of such Bonds is hereby authorized and imposed upon the Paying Agent/Registrar,and the Paying Agent/Registrar shall authenticate and deliver such Bonds in the form and manner and withthe effect, as provided in Section 3(a) of this Ordinance for Bonds issued in conversion and exchange forother Bonds. Section 8. CUSTODY, APPROVAL, AND REGISTRATION OF BONDS; BOND COUNSELSOPINION; CUSIP NUMBERS AND CONTINGENT INSURANCE PROVISION, IF OBTAINED;ENGAGEMENT OF BOND COUNSEL. (a) The Mayor of the Issuer and the Pricing Officer are hereby authorized to have control of theBonds initially issued and delivered hereunder and all necessary records and proceedings pertaining to theBonds pending their delivery and their investigation, examination, and approval by the Attorney General ofthe State of Texas, and their registration by the Comptroller of Public Accounts of the State of Texas. Uponregistration of the Bonds said Comptroller of Public Accounts (or a deputy designated in writing to act forsaid Comptroller) shall manually sign the Comptrollers Registration Certificate attached to such Bonds, andthe seal of said Comptroller shall be impressed, or placed in facsimile, on such Bond. The approving legalopinion of the Issuers Bond Counsel and the assigned CUSIP numbers may, at the option of the Issuer, beprinted on the Bonds issued and delivered under this Ordinance, but neither shall have any legal effect, andshall be solely for the convenience and information of the registered owners of the Bonds. In addition, ifbond insurance is obtained, the Bonds may bear an appropriate legend as provided by the insurer. (b) The obligation of the initial purchaser to accept delivery of the Bonds 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 theBonds to the initial purchaser. The engagement of such firm as bond counsel to the Issuer in connection withissuance, sale and delivery of the Bonds is hereby approved and confirmed. The execution and delivery ofan engagement letter between the Issuer and such firm, with respect to such services as bond counsel, ishereby authorized in such form as may be approved by the Mayor, and the Mayor is hereby authorized toexecute such engagement letter. 15
  • 160. Section 9. COVENANTS REGARDING TAX EXEMPTION OF INTEREST ON THE BONDS. (a) Covenants. The Issuer covenants to take any action necessary to assure, or refrain from anyaction that would adversely affect, the treatment of the Bonds as Obligation described in section 103 of theInternal Revenue Code of 1986, as amended (the "Code"), the interest on which is not includable in the "grossincome" of the holder for purposes of federal income taxation. In furtherance thereof, the Issuer covenantsas follows: (1) to take any action to assure that no more than 10 percent of the proceeds of the Bonds (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 or refinanced therewith (the "Projects") are so used, such amounts, whether or not received by the Issuer, with respect to 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 on the Bonds, 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 in subsection (1) hereof exceeds 5 percent of the proceeds of the Bonds or the projects financed therewith (less amounts deposited into a reserve fund, if any) then the amount in excess of 5 percent is used for a "private business use" that is "related" and not "disproportionate," within the meaning of section 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 Bonds (less amounts deposited into a reserve fund, if any) is directly or indirectly used to finance loans to persons, other than state or local governmental units, in contravention of section 141(c) of the Code; (4) to refrain from taking any action that would otherwise result in the Bonds being treated 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 Bonds being "federally guaranteed" within the meaning of section 149(b) of the Code; (6) to refrain from using any portion of the proceeds of the Bonds, directly or indirectly, to acquire or to replace funds that were used, directly or indirectly, to acquire investment property (as defined in section 148(b)(2) of the Code) that produces a materially higher yield over the term of the Bonds, other than investment property acquired with – (A) proceeds of the Bonds invested for a reasonable temporary period of 3 years or less or, in the case of an advance refunding bond, for a period of 30 days or less until such proceeds are needed for the purpose for which the bonds are issued, and in the case of a current refunding bond, for a period of 90 days or less, (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 Bonds; 16
  • 161. (7) to otherwise restrict the use of the proceeds of the Bonds or amounts treated as proceeds of the Bonds, as may be necessary, so that the Bonds do not otherwise contravene the requirements of section 148 of the Code (relating to arbitrage) and, to the extent applicable, section 149(d) of the Code (relating to advance refundings); and (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 Bonds) an amount that is at least equal to 90 percent of the "Excess Earnings," within the meaning of section 148(f) of the Code and to pay to the United States of America, not later than 60 days after the Bonds have been paid in full, 100 percent of the amount then required to be paid as a result of Excess Earnings under section 148(f) of the Code. (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 shallnot be subject to the claim of any other person, including without limitation the Bondholders. 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 Issuerunderstands that the term "proceeds" includes "disposition proceeds" as defined in the Treasury Regulationsand, in the case of refunding bonds, transferred proceeds (if any) and proceeds of the Refunded Obligationsexpended prior to the date of issuance of the Bonds. It is the understanding of the Issuer that the covenantscontained herein are intended to assure compliance with the Code and any regulations or rulings promulgatedby the U.S. Department of the Treasury pursuant thereto. In the event that regulations or rulings are hereafterpromulgated that modify or expand provisions of the Code, as applicable to the Bonds, the Issuer will not berequired to comply with any covenant contained herein to the extent that such failure to comply, in theopinion of nationally recognized bond counsel, will not adversely affect the exemption from federal incometaxation of interest on the Bonds under section 103 of the Code. In the event that regulations or rulings arehereafter promulgated that impose additional requirements applicable to the Bonds, the Issuer agrees tocomply with the additional requirements to the extent necessary, in the opinion of nationally recognized bondcounsel, to preserve the exemption from federal income taxation of interest on the Bonds under section 103of the Code. In furtherance of such intention, the Issuer hereby authorizes and directs the Mayor and eachPricing Officer to execute any documents, certificates or reports required by the Code and to make suchelections, on behalf of the Issuer, that may be permitted by the Code as are consistent with the purpose forthe issuance of the Bonds. (d) Disposition of Project. The Issuer covenants that the Project will not be sold or otherwisedisposed in a transaction resulting in the receipt by the Issuer of cash or other compensation, unless the Issuerobtains an opinion of nationally-recognized bond counsel that such sale or other disposition will not adverselyaffect the tax-exempt status of the Bonds. For purposes of the foregoing, the portion of the propertycomprising personal property and disposed in the ordinary course shall not be treated as a transactionresulting in the receipt of cash or other compensation. For purposes hereof, the Issuer shall not be obligatedto comply with this covenant if it obtains a legal opinion that such failure to comply will not adversely affectthe excludability for federal income tax proposes from gross income of the interest. (e) Designation as Qualified Tax-Exempt Obligations. If so designated in the Pricing Certificate,the Bonds shall be designated as "qualified tax-exempt obligations" as defined in section 265(b)(3) of theCode. In furtherance of such designation, the Issuer represents, covenants and warrants the following: (a)that during the calendar year in which the Bonds are issued, the Issuer (including any subordinate entities)has not designated nor will designate obligations that when aggregated with the Bonds, will result in morethan $10,000,000 of "qualified tax-exempt obligations" being issued; (b) that the Issuer reasonably anticipatesthat the amount of tax-exempt obligations issued, during the calendar year in which the Bonds are issued, by 17
  • 162. the Issuer (or any subordinate entities) will not exceed $10,000,000; and, (c) that the Issuer will take suchaction or refrain from such action as necessary, and as more particularly set forth in this Section, hereof, inorder that the Bonds will not be considered "private activity bonds" within the meaning of section 141 of theCode. (f) Adoption of Written Procedures Relating to Continuing Compliance with Federal Tax Covenants.The Issuer hereby adopts the Written Procedures Relating to Continuing Compliance with Federal TaxCovenants set forth in Exhibit B to this Ordinance with respect to the Bonds and any other tax-exemptobligations hereafter issued by the Issuer. Section 10. SALE OF BONDS AND APPROVAL OF OFFICIAL STATEMENT; FURTHERPROCEDURES. (a) The Bonds shall be sold and delivered subject to the provisions of Section 1 and Section 3 andpursuant to the terms and provisions of a bond purchase agreement (the "Purchase Agreement") which thePricing Officer is hereby authorized to execute and deliver and in which the purchaser or purchasers (the"Underwriters") of the Bonds shall be designated. The Bonds shall initially be registered in the name of thepurchaser thereof as set forth in the Pricing Certificate. (b) The Mayor and City Clerk are further authorized and directed to execute and deliver for and onbehalf of the Issuer copies of a Preliminary Official Statement and Official Statement, prepared in connectionwith the offering of the Bonds by the Purchasers, in final form as may be required by the Purchasers, and suchfinal Official Statement in the form and content as approved by the Pricing Officer or as manually executedby said officials shall be deemed to be approved by the City Council of the Issuer and constitute the OfficialStatement authorized for distribution and use by the Purchasers. The form and substance of the PreliminaryOfficial Statement for the Bonds and any addenda, supplement or amendment thereto, all as approved by thePricing Officer, are hereby deemed to be approved in all respects by the City Council of the Issuer, and thePreliminary Official Statement is hereby deemed final as of its date (except for the omission of pricing andrelated information) within the meaning and for the purpose of paragraph (b)(1) of the Rule (hereinafterdefined). (c) The Pricing Officer is authorized, in connection with effecting the sale of the Bonds, to obtainfrom a municipal bond insurance company so designated in the Pricing Certificate (the "Insurer") a municipalbond insurance policy (the "Insurance Policy") in support of the Bonds. To that end, should the PricingOfficer exercise such authority and commit the Issuer to obtain a municipal bond insurance policy, for so longas the Insurance Policy is in effect, the requirements of the Insurer relating to the issuance of the InsurancePolicy as set forth in the Pricing Certificate are incorporated by reference into this Ordinance and made a parthereof for all purposes, notwithstanding any other provision of this Ordinance to the contrary. The PricingOfficer shall have the authority to execute any documents to effect the issuance of the Insurance Policy bythe Insurer. (d) The Mayor and Mayor Pro Tem and the City Clerk 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,whether or not herein mentioned, as may be necessary or desirable in order to carry out the terms andprovisions of this Ordinance, the Pricing Certificate, the Bonds, the sale of the Bonds and the OfficialStatement. In case any officer whose signature shall appear on any Bond shall cease to be such officer beforethe delivery of such Bond, such signature shall nevertheless be valid and sufficient for all purposes the sameas if such officer had remained in office until such delivery. 18
  • 163. Section 11. COMPLIANCE WITH RULE 15c2-12. (a) Definitions. As used in this Section, the following terms have the meanings ascribed to suchterms below: "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 2010, 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 the Pricing Certificate. 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 information 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 following events with respect to the Bonds, if such event is material within the meaning of the federal securities laws: 1. Non-payment related defaults; 2. Modifications to rights of Bondholders; 3. Bond calls; 4. Release, substitution, or sale of property securing repayment of the Bonds; 19
  • 164. 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 atrustee. (ii) 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 following events with respect to the Bonds, without regard to whether such event is considered material 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 Bonds, or other events affecting the tax-exempt status of the Bonds; 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 to provide financial information or operating data in accordance with subsection (b) of this Section by the time required by such subsection. (d) Limitations, Disclaimers, and Amendments. (i) The Issuer shall be obligated to observe and perform the covenants specified in this Section for so long as, but only for so long as, the Issuer remains an "obligated person" with respect to the Bonds within the meaning of the Rule, except that the Issuer in any event will give notice of any deposit made in accordance with this Ordinance or applicable law that causes Bonds no longer to be outstanding. (ii) The provisions of this Section are for the sole benefit of the registered owners and beneficial owners of the Bonds, and nothing in this Section, express or implied, shall give any benefit or any legal or equitable right, remedy, or claim hereunder to any other person. The Issuer 20
  • 165. undertakes to provide only the financial information, operating data, financial statements, and notices which it has expressly agreed to provide pursuant to this Section and does not hereby undertake to provide any other information that may be relevant or material to a complete presentation of the Issuers financial results, condition, or prospects or hereby undertake to update any information provided in accordance with this Section or otherwise, except as expressly provided herein. The Issuer does not make any representation or warranty concerning such information or its usefulness to a decision to invest in or sell Bonds at any future date. (iii) UNDER NO CIRCUMSTANCES SHALL THE ISSUER BE LIABLE TO THE REGISTERED OWNER OR BENEFICIAL OWNER OF ANY BOND OR ANY OTHER PERSON, IN CONTRACT OR TORT, FOR DAMAGES RESULTING IN WHOLE OR IN PART FROM ANY BREACH BY THE ISSUER, WHETHER NEGLIGENT OR WITHOUT FAULT ON ITS PART, OF ANY COVENANT SPECIFIED IN THIS SECTION, BUT EVERY RIGHT AND REMEDY OF ANY SUCH PERSON, IN CONTRACT OR TORT, FOR OR ON ACCOUNT OF ANY SUCH BREACH SHALL BE LIMITED TO AN ACTION FOR MANDAMUS OR SPECIFIC PERFORMANCE. (iv) No default by the Issuer in observing or performing its obligations under this Section shall comprise a breach of or default under this Ordinance for purposes of any other provision of this Ordinance. Nothing in this Section is intended or shall act to disclaim, waive, or otherwise limit the duties of the Issuer under federal and state securities laws. (v) Should the Rule be amended to obligate the Issuer to make filings with or provide notices to entities other than the MSRB, the Issuer hereby agrees to undertake such obligation with respect to the Bonds in accordance with the Rule as amended. The provisions of this Section may be amended by the Issuer from time to time to adapt to changed circumstances that arise from a change in legal requirements, a change in law, or a change in the identity, nature, status, or type of operations of the Issuer, but only if (1) the provisions of this Section, as so amended, would have permitted an underwriter to purchase or sell Bonds in the primary offering of the Bonds in compliance with the Rule, taking into account any amendments or 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 required by any other provision of this Ordinance that authorizes such an amendment) of the outstanding Bonds consent to such amendment or (b) a person that is unaffiliated with the Issuer (such as nationally recognized bond counsel) determined that such amendment will not materially impair the interest of the registered owners and beneficial owners of the Bonds. 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. The Issuer may also amend or repeal the provisions of this continuing disclosure agreement if the SEC amends or repeals the applicable provision of the Rule or a court of final jurisdiction enters judgment that such provisions of the Rule are invalid, but only if and to the extent that the provisions of this sentence would not prevent an underwriter from lawfully purchasing or selling Bonds in the primary offering of the Bonds. Section 12. 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 or 21
  • 166. omission 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 beinconsistent with the provisions of this Ordinance and that shall not materially adversely affect the interestsof the holders, (iv) qualify this Ordinance under the Trust Indenture Act of 1939, as amended, orcorresponding provisions of federal laws from time to time in effect, or (v) make such other provisions inregard to matters or questions arising under this Ordinance as shall not be inconsistent with the provisionsof this Ordinance and that shall not in the opinion of nationally recognized bond counsel materially adverselyaffect the interests of the holders. (b) Except as provided in paragraph (a) above, the holders of Bonds aggregating in principal amount51% of the aggregate principal amount of then outstanding Bonds that are the subject of a proposedamendment shall have the right from time to time to approve any amendment hereto that may be deemednecessary or desirable by the Issuer; provided, however, that without the consent of 100% of the holders inaggregate principal amount of the then outstanding Bonds, nothing herein contained shall permit or beconstrued to permit amendment of the terms and conditions of this Ordinance or in any of the Bonds so asto: (1) Make any change in the maturity of any of the outstanding Bonds; (2) Reduce the rate of interest borne by any of the outstanding Bonds; (3) Reduce the amount of the principal of, or redemption premium, if any, payable on any outstanding Bonds; (4) Modify the terms of payment of principal or of interest or redemption premium on outstanding Bonds or any of them or impose any condition with respect to such payment; or (5) Change the minimum percentage of the principal amount of the Bonds 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 Bonds a copy of the proposed amendment. Suchpublished notice shall briefly set forth the nature of the proposed amendment and shall state that a copythereof is on file at the office of the Issuer for inspection by all holders of such Bonds. (d) Whenever at any time within one year from the date of mailing of such notice the Issuer shallreceive an instrument or instruments executed by the holders of at least 51% in aggregate principal amountof all of the Bonds then outstanding that are required for the amendment, which instrument or instrumentsshall consent to and approve such amendment, the Issuer may adopt the amendment in substantially the sameform. (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 Bonds shallthereafter be determined, exercised, and enforced, subject in all respects to such amendment. (f) Any consent given by the holder of a Bond pursuant to the provisions of this Section shall beirrevocable for a period of six months from the date of such consent, and shall be conclusive and bindingupon all future holders of the same Bond during such period. Such consent may be revoked at any time aftersix months from the date of such consent by the holder who gave such consent, or by a successor in title, by 22
  • 167. filing notice with the Issuer, but such revocation shall not be effective if the holders of 51% in aggregateprincipal amount of the affected Bonds then outstanding, have, prior to the attempted revocation, consentedto and approved the amendment. For the purposes of establishing ownership of the Bonds, the Issuer shall rely solely upon theregistration of the ownership of such Bonds on the registration books kept by the Paying Agent/Registrar. Section 13. 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 Bonds when the same becomes due and payable; or (ii) default in the performance or observance of any other covenant, agreement or obligation of the Issuer, the failure to perform which materially, adversely affects the rights of the Registered Owners of the Bonds, 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 Issuer. (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 Issuer 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 Bonds then outstanding. (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 Bonds 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 Bonds 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 Bond authorized under this Ordinance, such Registered Owner agrees that the certifications required to effectuate any covenants or representations contained in this Ordinance do not and shall never constitute or give rise to a personal or pecuniary liability or charge against the officers, employees or trustees of the Issuer or the Board of Trustees. 23
  • 168. Section 14. APPROVAL OF ESCROW AGREEMENT AND TRANSFER OF FUNDS. Infurtherance of authority granted by Section 1207.007(b), Texas Government Code, the Mayor or the PricingOfficer are further authorized to enter into and execute on behalf of the Issuer with the escrow agent namedtherein, an escrow or similar agreement, in the form and substance as shall be approved by the PricingOfficer, which agreement will provide for the payment in full of the Refunded Obligations. In addition, theMayor or the Pricing Officer is authorized to purchase such securities, to execute such subscriptions for thepurchase of the Escrowed Securities (as defined in the agreement), if any, and to authorize such contributionsfor the escrow fund as provided in the agreement. Section 15. REDEMPTION OF REFUNDED OBLIGATIONS. (a) Subject to execution and delivery of the Purchase Agreement with the Purchaser, the Issuerhereby directs that the Refunded Obligations be called for redemption on the dates and at such prices as setforth in the Pricing Certificate. The Pricing Officer is hereby authorized and directed to issue or cause to beissued Notice of Redemption of the Refunded Obligations in substantially the form set forth in Exhibit Aattached hereto, completed with information from the Pricing Certificate, to the paying agents for theRefunded Obligations. (b) In addition, the paying agents for the Refunded Obligations are hereby directed to provide theappropriate notices of redemption and defeasance as specified by the ordinances authorizing the issuance ofRefunded Obligations and are hereby directed to make appropriate arrangements so that the RefundedObligations may be redeemed on their redemption dates. The Refunded Obligations shall be presented forredemption at the paying agents therefor, and shall not bear interest after the date fixed for redemption. (c) If the redemption of the Refunded Obligations results in the partial refunding of any maturity ofthe Refunded Obligations, the Pricing Officer shall direct the paying agent/registrar for the RefundedObligations to designate at random and by lot which of the Refunded Obligations will be payable from andsecured solely from ad valorem taxes of the Issuer pursuant to the ordinance of the Issuer authorizing theissuance of such Refunded Obligations (the "Refunded Bond Ordinance"). The paying agent/registrar shallnotify by first-class mail all registered owners of all affected bonds of such maturities that: (i) a portion ofsuch bonds have been refunded and are secured until final maturity solely with cash and investmentsmaintained by the Escrow Agent in the Escrow Fund, (ii) the principal amount of all affected bonds of suchmaturities registered in the name of such registered owner that have been refunded and are payable solelyfrom cash and investments in the Escrow Fund and the remaining principal amount of all affected bonds ofsuch maturities registered in the name of such registered owner, if any, have not been refunded and arepayable and secured solely from ad valorem taxes of the Issuer described in the Refunded ObligationOrdinance, (iii) the registered owner is required to submit his or her Refunded Obligations to the payingagent/registrar, for the purposes of re-registering such registered owners bonds and assigning new CUSIPnumbers in order to distinguish the source of payment for the principal and interest on such bonds, and (iv)payment of principal of and interest on such bonds may, in some circumstances, be delayed until such bondshave been re-registered and new CUSIP numbers have been assigned as required by (iii) above. (d) The source of funds for payment of the principal of and interest on the Refunded Obligations ontheir respective maturity or redemption dates shall be from the funds deposited with the Escrow Agentpursuant to the Escrow Agreement approved in Section 14 of this Ordinance. Section 16. APPROPRIATION. To pay the debt service coming due on the Bonds, if any (asdetermined by the Pricing Certificate) prior to receipt of the taxes levied to pay such debt service, there ishereby appropriated from current funds on hand, which are hereby certified to be on hand and available for 24
  • 169. such purpose, an amount sufficient to pay such debt service, and such amount shall be used for no otherpurpose. 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 unconstitutionalby a 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. Section 18. 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. [Execution Page Follows] 25
  • 170. APPROVED AND ADOPTED ON THE 6TH DAY OF NOVEMBER, 2012. THE CITY OF SAN ANGELO, TEXAS Alvin New, MayorAttest:____________________________________Alicia Ramirez, City ClerkApproved As to Form: Approved As to Content:Leroy Grawunder, Jr. Michael Dane, Finance DirectorMcCall, Parkhurst & Horton L.L.P. [CITY SEAL]
  • 171. SCHEDULE I SCHEDULE OF ELIGIBLE REFUNDED OBLIGATIONSCity of San Angelo, Texas, Combination Tax and Limited Surplus Revenue Certificates of Obligation, Series2005, dated October 1, 2005, maturities February 15 in the years 2013 through 2020, inclusive.
  • 172. EXHIBIT A NOTICE OF REDEMPTION CUSIP Prefix No. ________ NOTICE IS HEREBY GIVEN that the City of San Angelo, Texas has called for redemption theoutstanding Bonds and Certificates of Obligation of the City described as follows (collectively, the "RefundedObligations"): City of San Angelo, Texas, _____________________________, Series ________, dated ____________, _____, maturing ____________, _____ through ____________, _____, inclusive, in the aggregate principal amount of $__________________, to the call date of the Refunded Obligations so called for redemption at __________________. Call date: ____________, _____. On ____________, _____, interest on the Refunded Obligations shall cease to accrue and be payable. THE REFUNDED BONDS shall be redeemed in whole at _____________________, as the PayingAgent/Registrar for said Refunded Obligations. Upon presentation of the Refunded Obligations at the PayingAgent/Registrar on the aforementioned redemption date, the holder thereof shall be entitled to receive theredemption price equal to par and accrued interest to the redemption date. NOTICE IS GIVEN that due and proper arrangements have been made for providing the place ofpayment of said Refunded Obligations called for redemption with funds sufficient to pay the principal amountof said Refunded Obligations and the interest thereon to the redemption date. In the event said RefundedObligations, or any of them are not presented for redemption by the date fixed for their redemption, they shallnot thereafter bear interest. UNDER THE PROVISIONS of Section 3406 of the Internal Revenue Code of 1986, as amendedpaying agents making payments of interest and principal on municipal securities may be obligated to withholda tax from remittance to individuals who have failed to furnish the paying agent with a valid taxpayeridentification number. Registered holders who wish to avoid the imposition of the tax should submit certifiedtaxpayer identification numbers (via form W-9) when presenting the Refunded Obligations for payment. THIS NOTICE is issued and given pursuant to the redemption provisions in the proceedingsauthorizing the issuance of the aforementioned Refunded Obligations and in accordance with the recitals andprovisions of said Refunded Obligations. NOTICE IS FURTHER GIVEN that the Refunded Obligations should be submitted to the followingaddress: ______________________ ______________________ ______________________ CITY OF SAN ANGELO, TEXAS
  • 173. EXHIBIT B WRITTEN PROCEDURES FOR FEDERAL TAX COMPLIANCEThese procedures, together with any federal tax certifications, provisions included in the order, ordinance orresolution (the "Authorizing Document") authorizing the issuance and sale of any tax-exempt debt such asthe Bonds (the "Obligations"), letters of instructions and/or memoranda from bond counsel and anyattachments thereto (the "Closing Documents"), are intended to assist the Issuer in complying with federalguidelines related to the issuance of such Obligations.A. Arbitrage Compliance. Federal income tax laws generally restrict the ability to earn arbitrage inconnection with the Obligations. The Issuers Director of Finance (such officer, together with otheremployees of the Issuer who report to or such officer, is collectively, the "Responsible Person") will reviewthe Closing Documents periodically (at least once a year) to ascertain if an exception to arbitrage complianceapplies. Procedures applicable to Obligations issued for construction and acquisition purposes. With respectto the investment and expenditure of the proceeds of the Obligations that are issued to finance publicimprovements or to acquire land or personal property, the Responsible Person will: 1. Instruct the appropriate person who is primarily responsible for the construction, renovation or acquisition of the facilities financed with the Obligations (the "Project") that (i) binding contracts for the expenditure of at least 5% of the proceeds of the Obligations must be entered into within 6 months of the date of closing of the Obligations (the "Issue Date") and that (ii) the Project must proceed with due diligence to completion; 2. Monitor that at least 85% of the proceeds of the Obligations to be used for the construction, renovation or acquisition of the Project are expended within 3 years of the Issue Date; 3. Monitor the yield on the investments purchased with proceeds of the Obligations and restrict the yield of such investments to the yield on the Obligations after 3 years from the Issue Date; and 4. To the extent that there are any unspent proceeds of the Obligations at the time the Obligations are refunded, or if there are unspent proceeds of the Obligations that are being refunded by a new issuance of Obligations, the Responsible Person shall continue monitoring the expenditure of such unspent proceeds to ensure compliance with federal tax law with respect to both the refunded Obligations and any Obligations being issued for refunding purposes. Procedures applicable to Obligations with a debt service reserve fund. In addition to the foregoing,if the Issuer issues Obligations that are secured by a debt service reserve fund, the Responsible Person willassure that the maximum amount of any reserve fund for the Obligations invested at a yield higher than theyield on the Obligations will not exceed the lesser of (1) 10% of the principal amount of the Obligations, (2)125% of the average annual debt service on the Obligations measured as of the Issue Date, or (3) 100% ofthe maximum annual debt service on the Obligations as of the Issue Date. Procedures applicable to Escrow Accounts for Refunding Obligations. In addition to the foregoing,if the Issuer issues Obligations and proceeds are deposited to an escrow fund to be administered pursuant tothe terms of an escrow agreement, the Responsible Person will:
  • 174. 1. Monitor the actions of the escrow agent to ensure compliance with the applicable provisions of the escrow agreement, including with respect to reinvestment of cash balances; 2. Contact the escrow agent on the date of redemption of obligations being refunded to ensure that they were redeemed; and 3. Monitor any unspent proceeds of the refunded obligations to ensure that the yield on any investments applicable to such proceeds are invested at the yield on the applicable obligations or otherwise applied (see Closing Documents). Procedures applicable to all Tax-Exempt Obligation Issues. For all issuances of Obligations, theResponsible Person will: 1. Maintain any official action of the Issuer (such as a reimbursement resolution) stating the Issuers intent to reimburse with the proceeds of the Obligations any amount expended prior to the Issue Date for the acquisition, renovation or construction of the Project; 2. Ensure that the applicable information return (e.g., U.S. Internal Revenue Service ("IRS") Form 8038-G, 8038-GC, or any successor forms) is timely filed with the IRS; 3. Assure that, unless excepted from rebate and yield restriction under section 148(f) of the Internal Revenue Code of 1986, as amended, excess investment earnings are computed and paid to the U.S. government at such time and in such manner as directed by the IRS (i) at least every 5 years after the Issue Date and (ii) within 30 days after the date the Obligations are retired; 4. Monitor all amounts deposited into a sinking fund or funds pledged (directly or indirectly) to the payment of the Obligations, such as the Interest and Sinking Fund, to assure that the maximum amount invested within such applicable fund at a yield higher than the yield on the Obligations does not exceed an amount equal to the debt service on the Obligations in the succeeding 12 month period plus a carryover amount equal to one-twelfth of the principal and interest payable on the Obligations for the immediately preceding 12-month period; and 5. Ensure that no more than 50% of the proceeds of the Obligations are invested in an investment with a guaranteed yield for 4 years or more.B. Private Business Use. Generally, to be tax-exempt, only an insignificant amount of the proceeds ofeach issue of Obligations can benefit (directly or indirectly) private businesses. The Responsible Person willreview the Closing Documents periodically (at least once a year) for the purpose of determining that the useof the Project financed or refinanced with the proceeds of the Obligations does not violate provisions offederal tax law that pertain to private business use. In addition, the Responsible Person will: 1. Develop procedures or a "tracking system" to identify all property financed with Obligations; 2. Monitor and record the date on which the Project is substantially complete and available to be used for the purpose intended; 3. Monitor and record whether, at any time the Obligations are outstanding, any person, other than the Issuer, the employees of the Issuer, the agents of the Issuer or members of the general public:
  • 175. (i) has any contractual right (such as a lease, purchase, management or other service agreement) with respect to any portion of the Project; (ii) has a right to use the output of the Project (e.g., water, gas, electricity); or (iii) has a right to use the Project to conduct or to direct the conduct of research; 4. Monitor and record whether, at any time the Obligations are outstanding, any person, other than the Issuer, has a naming right for the Project or any other contractual right granting an intangible benefit; 5. Monitor and record whether, at any time the Obligations are outstanding, the Project, or any portion thereof, is sold or otherwise disposed of; and 6. Take such action as is necessary to remediate any failure to maintain compliance with the covenants contained in the Authorizing Document related to the public use of the Project.C. Record Retention. The Responsible Person will maintain or cause to be maintained all recordsrelating to the investment and expenditure of the proceeds of the Obligations and the use of the Projectfinanced or refinanced thereby for a period ending three (3) years after the complete extinguishment of theObligations. If any portion of the Obligations is refunded with the proceeds of another series of Obligations,such records shall be maintained until the three (3) years after the refunding Obligations mature or areotherwise paid off. Such records can be maintained in paper or electronic format.D. Responsible Person. A Responsible Person shall receive appropriate training regarding the Issuersaccounting system, contract intake system, facilities management and other systems necessary to track theinvestment and expenditure of the proceeds and the use of the Project financed or refinanced with theproceeds of the Obligations. The foregoing notwithstanding, each Responsible Person shall report to thegoverning body of the Issuer whenever experienced advisors and agents may be necessary to carry out thepurposes of these instructions for the purpose of seeking approval of the governing body to engage or utilizeexisting advisors and agents for such purposes.
  • 176. City of San AngeloMemo Date: October 29, 2012 To: Mayor and Councilmembers From: Lisa Marley, Director of Human Resources and Risk Management Subject: Agenda Item for November 6, 2012 Council Meeting Caption: Regular Item Discussion and consideration of offering dental insurance to retirees and their dependents. _________________________________________________________________________________ Summary: The dental insurance provider has been contacted and staff will provide various premium options for Council consideration and approval. History: During the self-insurance fund update to Council on September 18, 2012, Council requested that staff look into whether or not pre-65 and post-65 retirees (and their dependents) could be offered dental insurance coverage, and to identify the impact adding the retirees to dental might have on the cost of coverage for the active employees. The City currently covers 860 active employees at an annual cost of $157,070. Financial Impact: Varies based on option selected. Attachments: Excel spreadsheet itemizing the premium options. Presented by: Lisa Marley, Director of Human Resources & Risk Management. Reviewed by: Lisa Marley, Director of Human Resources and Risk Management, October 29, 2012.
  • 177. Current Dental Premiums Employee City Cost/Coverage Cost/Month MonthEmployee Only $0 $15.22Emp/Spouse $20.36 $15.22Emp/Child $29.34 $15.22Emp/Family $49.70 $15.22860 employees * $15.22 * 12 mo = $157,070Retiree Absorbs Entire Cost Employee City Cost/Coverage Cost/Month MonthEmployee Only $0 $15.22Emp/Spouse $20.36 $15.22Emp/Child $29.34 $15.22Emp/Family $49.70 $15.22Retiree Only $17.96 * $0Retiree/Spouse $41.98 $0Retiree/Child $52.58 $0Retiree/Family $76.61 $0*premiums are 18% higher than total cost for active employees(includes City cost and increase due to retiree status).No increase to City cost with this option.City Absorbs Total Increase Employee City Cost/Coverage Cost/Month MonthEmployee Only $0 $16.74Emp/Spouse $20.36 $16.74Emp/Child $29.34 $16.74Emp/Family $49.70 $16.74Retiree Only $0 $16.74Retiree/Spouse $20.36 $16.74Retiree/Child $29.34 $16.74Retiree/Family $49.70 $16.74Employees and retirees pay identical premiums.1360 covered * $16.74 * 12 mo = $273,197.
  • 178. Employees & Retirees Absorb Total IncreaseCity Absorbs Cost for Extra Lives Covered Employee City Cost/Coverage Cost/Month MonthEmployee Only $1.52 $15.22Emp/Spouse $21.88 $15.22Emp/Child $30.86 $15.22Emp/Family $51.22 $15.22Retiree Only $1.52 $15.22Retiree/Spouse $21.88 $15.22Retiree/Child $30.86 $15.22Retiree/Family $51.22 $15.22Increased City cost for extra participants = $91,320$91,320 + $157,070 = $248,390
  • 179. City of San AngeloMemo Date: November 2, 2012 To: Mayor and Council Members From: Morgan Trainer, Budget Manager Subject: Agenda Item for 11-6-12 Council Meeting Contact: Morgan Trainer, 653-6291 Caption: Regular Item Discussion and consideration of issuing rebates of Water Fees and any action related thereto Summary: Staff will present the Water Operations Fund Balance at relevant dates in an effort to provide Council with the information necessary to form an opinion. The fund balance in this fund is not at a level where staff would recommend a rebate. Details will be presented. History: There have been two occasions when this fund balance exceeded ninety days expenditures and Council decided to use that excess. On one occasion the base fees were changed to zero for two months, and on the other the excess was transferred to a capital projects fund to assist with capital improvements. Financial Impact: Reduction in fund balance – depending on the amount Related Vision Item Financial Vision (if applicable): Other Information/ Staff recommends no action at this time. Recommendation: Attachments: N/A Presentation: Powerpoint Publication: No Reviewed by Michael Dane Director: Approved by Legal: N/A
  • 180. City of San AngeloMemo Date: October 12, 2012 To: Mayor and Councilmembers From: Councilmember Adams Subject: Agenda Item for October 16, 2012 Council Meeting Contact: Councilmember Adams Caption: Regular Item Discussion and consideration to reconsider the City of San Angelo’s participation in the National League of Cities (NLC) Service Line Warranty Program and any action in connection thereto Summary: Item was discussed on May 1, 2012 Minute excerpt: DENIAL OF THE CITY OF SAN ANGELO’S PARTICIPATION IN THE NATIONAL LEAGUE OF CITIES (NLC) SERVICE LINE WARRANTY PROGRAM AND INTERLOCAL AGREEMENT WITH NORTH CENTRAL TEXAS COUNCIL OF GOVERNMENTS, PURSUANT TO MASTER CONTRACT WITH UTILITY SERVICE PARTNERS PRIVATE LABEL, INC. (“USP”) FOR WATER AND SEWER LINE REPAIR COVERAGE TO HOMEOWNERS RESIDING WITHIN THE CITY AS PART OF A PROTECTION PROGRAM Assistant City Manager Elizabeth Grindstaff and Utility Service Partners, Inc., General Manager Brian Davis presented background information. A copy of the presentation is part of the Permanent Supplemental Minute record. General discussion was held on sample city claims, business model, potential revenue, revenue sharing, NLC and Council of Government partners, and other cities endorsing the plan. Public comments were made by Citizen Jim Turner. Council directed staff to work directly with the company and its financial model, positive impact for the citizens, and further direct staff to negotiate and craft a better deal for the citizens. Responding to questions from Council, Mr. Davis stated there were no pre-existing conditions of the home, including the age of the home and its bearing on the premium rate, existence of water wells or septic tanks, soil shifting, and/or any other issues that may contribute to the claim. Councilmember Adams spoke in support of the program and suggested
  • 181. Council reconsider their choice to endorse companies.Motion, to deny endorsement of the proposed plan, was made byCouncilmember Morrison and seconded by Councilmember Hirschfeld. AYE:New, Morrison, Hirschfeld, and Farmer. NAY: Alexander and Adams. Motioncarried 4-2.