City Council May 14, 2013 Agenda packet

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City Council May 14, 2013 Agenda packet

  1. 1. City Council Agenda Page 1 of 5 May 14, 2013NOTICE OF A PUBLIC MEETINGAN AGENDA OF A REGULAR MEETING OF THE CITY COUNCILTHE CITY OF SAN ANGELO, TEXAS9:00 A.M. - Tuesday, May 14, 2013McNease Convention Center, Council Chambers, South Meeting Room500 Rio Concho DriveSan Angelo, TX 76903THE 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 208, 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 OrderB. Prayer and PledgeC. Proclamations“Employee Health & Fitness Month”, May 2013, to be accepted by Eric Becker, Chief Executive Officer,San Angelo Community Medical Center, Sheryl Pfluger, Business Development and Marketing Director,San Angelo Community Medical Center, Janet Charlesworth, Wellness Coordinator, Employee HealthClinic, and Mary Solomon, Wellness Coordinator, Employee Health Clinic“Motorcycle Safety and Awareness Month”, May 2013, to be accepted by Joe Estrada of Survivors UnitedMotorcycle ClubD. Public CommentThe Council takes public comment on all items in the Regular Agenda. Public input on a Regular Agendaitem will be taken at its appropriate discussion. Public input on an item not on the Agenda or ConsentAgenda may be identified and requested for consideration by the Council at this time. The Council mayrequest an item to be placed on a future agenda, or for a Consent Agenda item, to be moved to the RegularAgenda for public comment.II. CONSENT AGENDA1. Consideration of approving the April 16, 2013 City Council Regular meeting minutes2. Consideration of awarding bid WU-07-13 for the Water Treatment Plant Polymer coagulant aid toPolymer Bid to Chameleon Industries, Inc. (Mesquite, TX), in the amount of $91,800.00,andauthorizingthe City Manager or his designee to execute any necessary related documents (submitted by WaterUtilities Director Ricky Dickson)3. Consideration of authorizing the sale of the following residential properties for the appraised value andauthorizing the Mayor, City Manager, or Water Utilities Director to execute all necessary legal
  2. 2. City Council Agenda Page 2 of 5 May 14, 2013documents pertaining to the sale of subject properties, subject to completion of all curative requirements:(submitted by Water Utilities Director Ricky Dickson)a. 1932 Shady Point Circle Drive, Lot 52, Group Shady Point (Marks), $86,095.00b. 1604 Shady Point Circle Drive, Lot 58-B, Group Shady Point (Reed), $25,172.00c. 1601 Shady Point, Lot 123-A, Group Shady Point (Richmond), $23,101d. 2658 Kings Road, Lot 49, Group Fishermans Road (Matthews), $101,314.00e. 2690 Sleepy Hollow Road, Lot 57, Group Fishermans Road (Povac), $90,647.00f. 2005 Beaty Circle, Lot 10-A, Group 1 (Johnson), $77,811.004. Consideration of approving the renewal of residential leases for the following properties and authorizingthe Mayor, City Manager, or Water Utilities Director to execute all necessary legal documents pertainingto the lease renewal: (submitted by Water Utilities Director Ricky Dickson)a. Lot 19, Group 2, 2029 American Legion Road (Simpson)b. Lot 1, Group 16, 2262 Joy Road (Furlong)5. Consideration of adopting a Resolution authorizing the City Manager to execute a Memorandum ofUnderstanding, in substantially the attached form, with Goodfellow Air Force Base 17thCivilEngineering Squadron Readiness and Emergency Management Flight providing for sharingemergency response information through defense connect online communications and Web EOC(submitted by Interim Emergency Management Coordinator Teresa Covey)6. Consideration of adopting a Resolution authorizing the City Manager to execute a Lease Agreement,in substantially the attached form, between Action Career Training and the City of San Angelo for useof the Foster Communications coliseum parking lot (Submitted by Civic Events Manager AngelicaPena)7. Consideration of adopting a Resolution authorizing the City Manager to execute Supplemental LeaseAgreement No. 1, to lease DACA63-5-12-0329, in substantially the attached form, and all relateddocuments, between the City of San Angelo and the United States of America (USA) at San AngeloRegional Airport (submitted by Airport Director Luis Elguezabal)III. REGULAR AGENDA:E. PUBLIC HEARING AND COMMENT8. Consideration of adopting a Resolution implementing Drought Level II of the City of San AngelosWater Conservation and Drought Contingency Plan(Presentation by Water Utilities Director Ricky Dickson)9. Discussion and possible action on matters related to the City of San Angelo Animal Shelter SpayNeuter Assistance and Adoption Subsidy Programs:a. Consideration of implementing an updated version of the Spay Neuter Assistance Program; and,b. Consideration of implementing an Adoption Subsidy Program; andc. Consideration of authorizing the City Manager or his designee to apply for funding through variousgrants, foundations and other fundraising initiatives which do not obligate the city financially(Presentation by Health Services Director Sandra Villarreal)10. Discussion and consideration of approving a petition requesting annexation by area landowners (toSan Angelo’s City limits) of certain properties situated immediately west/southwest of San Angeloand encompassing a vacant 24.484 acre tract extending northwest from Mills Pass Drive, and locateddirectly west of an 8.995 acre tract annexed to the City Limits on March 5, 2013 that comprises theproposed Prestonwood Addition, Section Two(Presentation by Interim Director of Development Services AJ Fawver)
  3. 3. City Council Agenda Page 3 of 5 May 14, 201311. First Public Hearing and consideration of approving Planning Commission’s recommendation of aZone Change from Ranch & Estate (R&E) to Light Manufacturing (ML) in lieu of applicants requestfor Heavy Manufacturing (MH), and consideration of introducing an Ordinance amending Chapter 12,Exhibit “A” (Zoning Ordinance) of the Code of Ordinances, City of San AngeloZ 13-11: Harold and Margaret MuellerAN ORDINANCE AMENDING CHAPTER 12, EXHIBIT “A” OF THE CODE OF ORDINANCES,CITY OF SAN ANGELO, TEXAS, WHICH SAID EXHIBIT “A” OF CHAPTER 12 ADOPTSZONING REGULATIONS, USE DISTRICTS AND A ZONING MAP, IN ACCORDANCE WITH ACOMPREHENSIVE PLAN, BY CHANGING THE ZONING AND CLASSIFICATION OF THEFOLLOWING PROPERTY, TO WIT: 4017, 4085, 4089, 4091, 4093 and 4125 US Highway 67Frontage, 3902, 3922 and 3970 Tractor Trail, and 3613, 3669 and 3745 Porter Henderson Drive. Thisproperty specifically occupies the Paul Gregory Addition, Block 1, Lots 1-9 (a replat of Tract B inSection 1 and a replat of Tract C in Section 2) in northeast San Angelo, changing the zoningclassification from Ranch & Estate (R&E) to Light Manufacturing (ML) District; PROVIDING FORSEVERABILITY AND PROVIDING A PENALTY(Presentation by Interim Senior Planner Jeff Hintz)12. First Public Hearing and consideration of introducing an Ordinance amending Chapter 12, Exhibit“A” (Zoning Ordinance) of the Code of Ordinances, City of San AngeloZ 13-13: David and Pam HiltonAN ORDINANCE AMENDING CHAPTER 12, EXHIBIT “A” OF THE CODE OF ORDINANCES,CITY OF SAN ANGELO, TEXAS, WHICH SAID EXHIBIT “A” OF CHAPTER 12 ADOPTSZONING REGULATIONS, USE DISTRICTS AND A ZONING MAP, IN ACCORDANCE WITH ACOMPREHENSIVE PLAN, BY CHANGING THE ZONING AND CLASSIFICATION OF THEFOLLOWING PROPERTY, TO WIT: 525 Preusser Street, located at the southwest corner of PreusserStreet and North Poe Street. This property specifically occupies the Ellis Addition Block 4, N 115of Lots1 & 2 and E 33.5 of Frary Addition, Block 19, Lot 6, in central San Angelo, adding the zoningclassification of Historic Overlay (HO) District; PROVIDING FOR SEVERABILITY ANDPROVIDING A PENALTY(Presentation by Interim Director of Development Services AJ Fawver)13. Consideration of approving an amendment to Vision Plan Component of the San AngeloComprehensive Plan update adopted in 2009, specifically properties starting approximately 800 feetwest from the intersection of Loop 306 and Baze Street, thence in a northerly direction to FM 2105,and easterly through the city landfill and encompassing properties annexed to the city limits inDecember of 2011, and city owned properties east of north US Highway 67 north and east of thecurrent industrial park in the far northeast portion of San Angelo(Presentation by Interim Senior Planner Jeff Hintz)14. Discussion and possible action regarding an amendment to the Thoroughfare Plan Component of SanAngelos Comprehensive Plan, specifically planned projections of Smith Boulevard and PaulannBoulevard and other planned thoroughfares in northeast San Angelo(Presentation by Interim Senior Planner Jeff Hintz)15. Consideration of approving an amendment to Vision Plan Component of the San AngeloComprehensive Plan update adopted in 2009, specifically properties located south from theintersection of Grand Canal Road and US Highway 277, south to the city limit line, and propertieslocated just east of the city limits line, but outside the city limits in southern San Angelo(Presentation by Interim Senior Planner Jeff Hintz)
  4. 4. City Council Agenda Page 4 of 5 May 14, 201316. 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 AngeloPD 13-02: Luke BurnettAN ORDINANCE AMENDING CHAPTER 12, EXHIBIT “A” OF THE CODE OF ORDINANCES,CITY OF SAN ANGELO, TEXAS, WHICH SAID EXHIBIT “A” OF CHAPTER 12 ADOPTSZONING REGULATIONS, USE DISTRICTS AND A ZONING MAP, IN ACCORDANCE WITH ACOMPREHENSIVE PLAN, BY CHANGING THE ZONING AND CLASSIFICATION OF THEFOLLOWING PROPERTY, TO WIT 1245 Grand Canal Road, located approximately 500 feet east ofthe intersection of Grand Canal Road and Clarice Court. The property specifically occupies aproposed Second Replat of Sunset Ranch Estates, Section Two, Block Two, Lot 17B in southern SanAngelo, changing the zoning classification from Office Warehouse (OW) to Planned Development(PD) District; PROVIDING FOR SEVERABILITY AND PROVIDING A PENALTY(Presentation by Interim Senior Planner Jeff Hintz)17. Consideration of approving Change Order #15 to include the repair of the pedestrian bridge west ofAbe Street under the agreement with Templeton Construction Co., Inc., Construction Manger at Risk,for the Concho River & Parks Rehabilitation Project PK-05-10 in the amount of $167,128.00, andrequesting approval for said amount to be funded in equal parts by River Project contingency fundsand the City Self-Insurance Fund; and authorizing the City Manager to execute said change order(Presentation by Parks and Recreation Director Carl White)18. Discussion and possible action on matters related to the establishment of new landscape plantings forsome development projects (River Corridor, Rio Vista Park, Love Municipal Pool, and City HallPlaza)(Presentation by Parks and Recreation Director Carl White)19. Discussion and possible action on matters related to the fiscal year 2012-2013 budget:a. Cash flow available for General Capital Projects,b. Revenues in excess of expenditures, andc. Ambulance fees(Presentation by Budget Manager Morgan Chegwidden)20. Consideration of approving a request for permit for the collection, removal, transport and disposal ofgarbage, trash and debris within the San Angelo city limits in accordance with Section 11.403 of theSan Angelo Code of Ordinances for the following companies: 1) Texas Disposal Systems, Inc.; 2)TxAlloy, Inc. DBA Acme Iron & Metal Co.; 3) Briley Services(Presentation by Operations Director Shane Kelton)21. Discussion on matters related to the Design and Historic Review Commission (DHRC):a. Discussion regarding the dissolution of the Historic Preservation Commission (HPC) and RiverCorridor Commission (RCC) and creation of the Design and Historic Review Commission (DHRC)b. Discussion and possible action related to the assigned duties and responsibilities of the DHRC asapproved by City Council on August 21, 2012 and finalized on September 4, 2012(Presentation by Interim Director of Development Services AJ Fawver)F. FOLLOW UP AND ADMINISTRATIVE ISSUES22. Consideration of and possible action on matters discussed in Executive/Closed Session, if needed23. Presentation of and possible action on matters related to the potential Runoff Election scheduled forSaturday, June 15, 2013
  5. 5. City Council Agenda Page 5 of 5 May 14, 201324. Consideration of approving a Board nomination by Council and designated Councilmembers:a. Ft. Concho Museum Board: Martha King (SMD2) to an unexpired term January 201425. Announcements and consideration of Future Agenda Items26. AdjournmentGiven by order of the City Council and posted in accordance with Title 5, Texas Government Code, Chapter551, Thursday, May 9, 2013, at 5:00 P.M./s/________________________Alicia Ramirez, City Clerk
  6. 6. CITY COUNCIL MINUTE RECORDThe City of San Angelo Page 465Tuesday, April 16, 2013 Vol. 104OPEN SESSIONBE IT REMEMBERED City Council convened in a regular meeting at A.M., Tuesday, Date, 2013, in the SanAngelo McNease Convention Center, 500 Rio Concho Drive, San Angelo, Texas. All dulyauthorized membersof the Council, to-wit:Mayor, Alvin NewCouncilmember Paul AlexanderCouncilmember Dwain MorrisonCouncilmember Johnny SilvasSingle Member District #4 - VacantCouncilmember Kendall HirschfeldCouncilmember Charlotte Farmerwere present and acting, with the exception of Councilmember Farmer, thus constituting a quorum.Whereupon, the following business was transacted:An invocation was given by Pastor Stephen Wilhoite of the Assemblyof God - Word of Life and pledge was ledby Brittany Taylor, Grader at Texas Leadership Charter Academy.PROCLAMATION“West Texas Genealogy Appreciation Day”, April 26, 2013, Commemoration of the 40th Anniversary, wasaccepted by Susan Ball, President San Angelo Genealogical and Historical Society.PUBLIC COMMENTPublic comments were made by Councilmember Silvas suggesting Council should consider addressing thefuture agenda items at the beginning of the meeting. He requested the following future agenda items: staffupdate regarding the construction project cliche build up on Avenue P, revisit noise ordinance related tovehicles, and an update on the Med Hab economic incentive project.Councilmember Morrison requested an update on the ordinance regarding loud noise from an air or enginebrake (jake brake), specifically along US Hwy 87, and concurred with Councilmember Silvas’ request on thenoise ordinance review.CONSENT AGENDAAPPROVAL OF THE APRIL 2, 2013 CITY COUNCIL REGULAR MEETING MINUTESAWARD OF BID(S) AND AUTHORIZATION FOR THE CITY MANAGER OR HIS DESIGNEE TOEXECUTE ANY NECESSARY RELATED DOCUMENTS:VM-06-13: Aerial Bucket Truck, National Joint Powers Association (NJPA) purchasing cooperative contract#060311-All, $94,217.00VM-07-13: Emergency Vehicle Upfit Equipment, GT Distributors (Austin, TX) Buyboard Contract #363-10,$54,286.27
  7. 7. Page 466 MinutesVol. 104 April 16, 2013APPROVAL OF MATTERS RELATED TO CFM-02-13 CONSTRUCTION AND FACILITIESMANAGEMENT JANITORIAL SERVICES:· ADOPTION OF A RESOLUTION TO AWARD RFB CFM-02-13 CONSTRUCTION AND FACILITIESMANAGEMENT JANITORIAL SERVICES TO DONNA BARGLEY AND CURTIS E. BARGLEYD/B/A BARGLEY JANITORIAL SERVICES AND TO AUTHORIZE THE CITY MANAGER TOEXECUTE A SERVICES AGREEMENT, AND RELATED DOCUMENTS, BETWEEN THE CITY OFSAN ANGELO AND DONNA BARGLEY AND CURTIS E. BARGLEY D/B/A BARGLEYJANITORIAL SERVICES IN ACCORDANCE WITH SAID BID AWARD; AND PROVIDING FORAN EFFECTIVE DATE (Page 473, #2013-04-055)· ADOPTION OF A RESOLUTION TO AWARD RFB CFM-02-13 CONSTRUCTION AND FACILITIESMANAGEMENT JANITORIAL SERVICES TO ABM JANITORIAL SERVICE - SOUTH CENTRAL,INCORPORATED AND TO AUTHORIZE THE CITY MANAGER TO EXECUTE A SERVICESAGREEMENT, AND RELATED DOCUMENTS, BETWEEN THE CITY OF SAN ANGELO ANDABM JANITORIAL SERVICE - SOUTH CENTRAL, INCORPORATED IN ACCORDANCE WITHSAID BID AWARD; AND PROVIDING FOR AN EFFECTIVE DATE (Page 475, #2013-04-056)· ADOPTION OF A RESOLUTION TO AWARD RFB CFM-02-13 CONSTRUCTION AND FACILITIESMANAGEMENT JANITORIAL SERVICES TO VARSITY CONTRACTORS, INCORPORATED ANDTO AUTHORIZE THE CITY MANAGER TO EXECUTE A JANITORIAL SERVICES AGREEMENT,AND RELATED DOCUMENTS, BETWEEN THE CITY OF SAN ANGELO AND VARSITYCONTRACTORS, INCORPORATED IN ACCORDANCE WITH SAID BID AWARD; ANDPROVIDING FOR AN EFFECTIVE DATE (Page 477, #2013-04-057)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:2810 Red Bluff Road, Lot 18, Group Red Bluff (Benetich),$91,800.002165 Gun Club Road, Lot 10, Group 10 (Butts), $88,000.00ADOPTION OF A RESOLUTION AUTHORIZING THE MAYOR TO EXECUTE A SPECIALWARRANTY DEED CONVEYING ALL RIGHT, TITLE AND INTEREST OF THE CITY OF SANANGELO: (Page 479, #2013-04-058)108 Arlington Street, (Gonzalez), Lots 10 & 11 SAVE & EXCEPT N 65’ & S 20’ , W.E. Phillips, $2,000ADOPTION OF A RESOLUTION AUTHORIZING THE MAYOR TO EXECUTE A TAX-RESALE(QUITCLAIM) DEED CONVEYING ALL RIGHT, TITLE AND INTEREST OF THE CITY OF SANANGELO, AND ALL OTHER TAXING UNITS INTERESTED IN THE TAX FORECLOSUREJUDGMENT: (Page 481, #2013-04-059)· 2223 Lillie Street, (Ballard), S ½ of S 100’ of N 150’ of S 783.7’ of Block 8, Kirby, $750, Suit No.TAX91-0010B· 309 E 10th Street, (Deanda), N ½ of Lot 7, Block 3, Akins, $750, Suit No. TAX90-0082B· 310 E 9th Street, (Deanda), S 80’ of E 12 2/3’ of Lot 8, S 80’ of Lot 7 & S 80’ of W 1 5/6’ of Lot 6, Block3, Akins, $750, Suit No. TAX89-0364B· 115 W 16th Street, (Guerra), Lot 3, Block 11, Lasker, $1,900, Suit No. B-06-0088-T· 217 W 16th Street, (Guerra), Lot 3, Block 12, Lasker, $2,500, Suit No. B-05-0274-T· 2327 Lillie Street, (Lewis-McKinney), S 50’ of N 447.7’ of Block 8, Kirby, $750, Suit No. TAX89-0217B
  8. 8. Minutes Page 467April 16, 2013 Vol. 104· 209 W 9th Street, (Lewis-McKinney), Lot 3, Block 31, Miles, $750, Suit No. B-95-0055-T· 1923 Coleman Street, (Pearcy), Lot 12, Block 5 “E”, Chapman, $2,500, Suit No. B-07-0200-T· 322 N Harrison Street, (Pearcy), Lot 30, Block 2B, George Allen, $2,500, Suit No. B-09-0050-T· 613 N Adams Street, (Pearcy), Lot 3, Block 93, Angelo Heights, $2,700, Suit No. B-05-0268-T· 800 W 16th Street, (Roberts), Lot 10, Block 5, Mineola, $750, Suit No. TAX89-0032B· 804 W 16th Street, (Roberts), Lot 11, Block 5, Mineola, $750, Suit No. TAX91-0054B· 810 W 16th Street, (Roberts), Lot 12, Block 5, Mineola, $750, Suit No. TAX93-0151BADOPTION OF A RESOLUTION AUTHORIZING THE CITY MANAGER TO EXECUTE A SECONDAMENDMENT TO COMMERCIAL LEASE AGREEMENT WITH LESSEE, LEE BROWN AND GALEBROWN , D/B/A SPRING CREEK MARINA, AT LAKE NASWORTHY, SPECIFICALLY-DESCRIBINGTHE LEASED PREMISES, PROVIDING FOR THE NON-EXCLUSIVE JOINT USE OF CERTAIN AREASOF THE LEASED PREMISES, AND REVISING INDEMNIFICATION AND INSURANCEREQUIREMENTS OF LESSEE (Page 485, #2013-04-060)ADOPTION OF A RESOLUTION AUTHORIZING THE CITY MANAGER TO EXECUTE A FIRSTAMENDED LEASE AGREEMENT WITH TEXAS SOUTHWEST COUNCIL OF THE BOYS SCOUTS OFAMERICA, INC, (FORMERLY KNOWN AS CONCHO VALLEY COUNCIL, INC., BOY SCOUTS OFAMERICA) TO AMEND ORIGINAL LEASE AGREEMENT BETWEEN CITY OF SAN ANGELO ANDCONCHO VALLEY COUNCIL, INC., BOY SCOUTS OF AMERICA, FOR LEASE OF CITY PREMISESLOCATED AT 104 WEST VETERANS MEMORIAL DRIVE, SAN ANGELO, TOM GREEN COUNTY,TEXAS (Page 487, #2013-04-061)ADOPTION OF A RESOLUTION AUTHORIZING THE CITY MANAGER TO EXECUTE A FIRSTAMENDMENT TO LAKE NASWORTHY CRUISE BOAT CONCESSION AGREEMENT TO: PROVIDEFOR A PRORATED CREDIT AGAINST THE ANNUAL FIXED BASE PAYMENT FOR DAYS DURINGA CONTRACT YEAR IN WHICH LAKE LEVEL IS INSUFFICIENT FOR OPERATION OF THE CRUISEBOAT CONCESSION; CLARIFY THE BEGINNING AND ENDING MONTHS APPLICABLE TO THEANNUAL FIXED BASE PAYMENT SCHEDULE; AND DESCRIBE THE CONCESSION PREMISES(Page 489, #2013-04-062)ADOPTION OF BY-LAWS FOR THE PARKS AND RECREATION ADVISORY BOARDADOPTION OF A RESOLUTION TO APPROVE THE CITY OF SAN ANGELO’S PARTICIPATION INTHE TEXAS EVENTS TRUST FUND FOR THE NATIONAL REINED COW HORSE ASSOCIATION2013 CELEBRATION OF CHAMPIONS IN THE AMOUNT OF $13,136.00 WITH A STATE MATCH OF$82,098.00, TO CREATE A TOTAL TRUST FUND OF $95,234.00 (Page 491, #2013-04-063)SECOND HEARING AND ADOPTION OF AN ORDINANCE AMENDING CHAPTER 12, EXHIBIT “A”(ZONING ORDINANCE) OF THE CODE OF ORDINANCES, CITY OF SAN ANGELO (Page 493, #2013-04-064)PD 07-01 (2013 amendment): Carrie & John Maier and Glenn & Peggy RosserAN 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: 3512 Ben Ficklin Road, located approximately 200 feet east from theintersection of Ben Ficklin Road and South Bryant Boulevard. This property specifically occupiesapproximately 10.8 acres in the southwest portion of a 73.9 acre tract of the E Hermes Survey 0174 Abstract
  9. 9. Page 468 MinutesVol. 104 April 16, 20130349 in south central San Angelo, as indicated in Exhibit B of this Ordinance, changing the zoningclassification from Ranch & Estate (R&E) to Planned Development (PD) District; PROVIDING FORSEVERABILITY AND PROVIDING A PENALTYSECOND HEARING AND ADOPTION OF AN ORDINANCE AMENDING CHAPTER 12, EXHIBIT “A”(ZONING ORDINANCE) OF THE CODE OF ORDINANCES, CITY OF SAN ANGELO (Page 497, #2013-04-065)Z 13-08: Cho WalkerCITY OF 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: 1205 South Jackson Street; located approximately 75 feet southwestfrom the intersection at South Jackson Street and West Avenue H. This propertyspecificallyoccupies the SouthHeights Addition, Block 6, Lots 2 and 3, in southwest San Angelo, changing the zoning classification from aSingle Family Residential (RS-1) to a Two-Family Residential (RS-2) District; PROVIDING FORSEVERABILITY AND PROVIDING A PENALTYSECOND HEARING AND ADOPTION OF AN ORDINANCE AMENDING CHAPTER 12, EXHIBIT “A”(ZONING ORDINANCE) OF THE CODE OF ORDINANCES, CITY OF SAN ANGELO (Page 499, #2013-04-066)Z 13-09 AKA PD 07-03 (2013 Amendment): Jack GabrielAN 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: a 7.938 acres at southwest corner of South Oxford Drive and A&MAvenue in southwestern San Angelo, amending the zoning classification from a Planned Development (PD)District (PD 07-03) previously approved for assisted group living to specifically add allowance for theoperation of a gymnastics academy; PROVIDING FOR SEVERABILITY AND PROVIDING A PENALTYSECOND HEARING AND ADOPTION OF AN ORDINANCE AMENDING CHAPTER 12, EXHIBIT “A”(ZONING ORDINANCE) OF THE CODE OF ORDINANCES, CITY OF SAN ANGELO (Page 501, #2013-04-067)Z 13-10: Mills Development Inc.AN ORDINANCE AMENDING CHAPTER 12, EXHIBIT “A” OF THE CODE OF ORDINANCES, CITYOF SAN ANGELO, TEXAS, WHICH SAID EXHIBIT “A” OF CHAPTER 12 ADOPTS ZONINGREGULATIONS, USE DISTRICTS AND A ZONING MAP, IN ACCORDANCE WITH ACOMPREHENSIVE PLAN, BY CHANGING THE ZONING AND CLASSIFICATION OF THEFOLLOWING PROPERTY, TO WIT: An unaddressed tract occupying 8.895 acres of the Deaf & DumbAsylum Survey Number Two, Abstract 8211. This propertywas annexed into the CityLimits on March 5, 2013and is directly west from Mills Pass Drive along a proposed extension of Autumwood Trail. This propertyspecifically occupies a proposed subdivision titled, Prestonwood Addition, Section Two, Block 6, Lots 1-18 andPrestonwood Addition, Section Two, Block 7, Lots 1-16 in southwest San Angelo, changing the zoningclassification from Ranch & Estate (R&E) to Single-Family Residential (RS-1) District; PROVIDING FORSEVERABILITY AND PROVIDING A PENALTYMotion, to approve the Consent Agenda, as presented, was made byCouncilmember Morrison and seconded byCouncilmember Hirschfeld. Motion carried unanimously.
  10. 10. Minutes Page 469April 16, 2013 Vol. 104TABLING OF A RECREATIONAL OR AGRICULTURAL LEASE AGREEMENT WITH MK-ALLANENTERPRISES, INC., A TEXAS CORPORATION FOR 9.77 ACRES OF LAND LOCATED ADJACENTTO THE CONCHO RIVER AND AUTHORIZING THE CITY MANAGER OR WATER UTILITIESDIRECTOR TO EXECUTE THE SAMEMayor New suggested the MK-Allen lease agreement be considered in the Regular Agenda and tabled. Henoted the lease is related to a possible future recreational vehicle (RV) park and Council has directed staff andestablished a Housing Committee to address issues and concerns dealing with RV parks. He suggested tablingthe item until further research and review by the Housing Committee regarding issues and concerns raised bystaff, the Planning Commission, and the public. Mayor New stated the committee will make theirrecommendations pertaining to the regulations, guidelines, and zoning of recreational vehicles and temporaryhousing. Council concurred.Motion, to table the item until appropriate and further guidelines are established by staff and the HousingCommittee pertaining to regulations and zoning of recreational vehicles and temporary housing, was made byCouncilmember Morrison and seconded by Councilmember Hirschfeld. Motion carried unanimously.REGULAR AGENDA: PUBLIC HEARING AND COMMENTDISCUSSION AND NO ACTION REGARDING THE ISSUANCE FOR REBATES OF WATER FEESAssistant City Manager/Chief Financial Officer Michael Dane presented background information. A copy of thepresentation is part of the Permanent Supplement Record. He noted staff recommends no action at this time.Councilmember Morrison commented on the recent expenditures for furniture, phone voice system, and thecustomer service online access software. He expressed concerns that the Council approved funds for these typesof expenditures; however, staff does not recommend a rebate for the customers. He again suggested CityCouncil conduct a full audit of the Water Utilities Department.Responding to a question from Councilmember Silvas, Mr. Dane explained when establishing the 75-dayfundbalance goal, staff takes into consideration the number of days the City can survive with zero income and stillpay for the operating costs (total budget / 365 days X 75 days = $5.2Million). He stated unknown, emergency,or seasonality is taken into consideration thereby allowing the City to deal with unexpected expenditures. Byresolution, he noted the City adopted a 75-day goal plan to accumulate the fund balance. Mr. Dane reported thestandard is 90 days, but the City Council may adjust the number of days based on excess or positive fundexperience.Councilmember Alexander recalled the recent expenditures and spoke in support of the various utility servicesauthorized by City Council to provide customers the tools for better improved customer service within the WaterUtility Department.In conclusion, the majority of City Council concurred with staff’s recommendation.DISCUSSION AND UPDATE ON CURRENT WATER SUPPLYWater Utilities Director Ricky Dickson presented background information. He reported the current water levelis at 18.2 months supply. Mr. Dickson noted unless the City receives substantial rainfall, we may loseapproximately 1300 acre feet before going into Drought Stage Level II (DLII). He informed staff will present aresolution soon to City Council to activate DLII. Mr. Dickson also informed staff is transferring the water fromTwin Buttes’ south pool to the north pool. General discussion was held on holding the water level within LakeNasworthy.
  11. 11. Page 470 MinutesVol. 104 April 16, 2013Responding to a question from Councilmember Silvas, Mr. Dickson stated staff does not have a wayto measurethe water lost due to a major water break.DISCUSSION OF LATE FEES ASSOCIATED WITH DELINQUENT WATER UTILITY STATEMENTSWater Utilities Director Ricky Dickson presented background information.General discussion was held on the 3- to 4- day time frame from reading the meter to distributing the customer’sinvoice, the 28-day invoice due date for a customer to pay their invoice, and the policy of accessing a late feeafter the 3:00 p.m. due date time for a customer to pay their invoice.Mr. Dickson explained the department has established the 3:00 p.m. deadline to coordinate the security servicepick up of the monies; however, staff will work with any customer should they pay their utility bill after thedeadline.In conclusion, City Council felt the 28-day billing cycle was sufficient time to pay the invoice.Responding to a question from Councilmember Silvas, Assistant CityManager/Chief Financial Officer MichaelDane explained a late fee is generated based on the balance after the 28thday on an account. In other words, if abalance exists on a particular date and on a date which is considered overdue, then a late balance is generated.However, he informed staff is unable to generate a report of the number of late fees accessed since the systemdoes not maintain a cumulative history and the calculated field is replaced and updated daily.Mayor New spoke in opposition of a tiered late fee noting the cost to conduct the task is the same. He suggesteda set fee noting the discussion should be centered on establishing an appropriate fee.Responding to a question from Councilmember Silvas, City Manager Daniel Valenzuela noted late fees areaccessed on a statement of $30 threshold or more, thereby assisting those customers with low or set incomes.General discussion was held on previous discussions regarding they number of assessed late fees, the totalamount collected in late fees, possibly considering a set percentage, and the late fees accessed byother utilities.In conclusion, Mayor New suggested the City Council establish a committee to research the percentage feeconcept, the impact of accessing the fee, and for the committee to present their findings at a future meeting.Councilmember Morrison spoke in opposition of the $25 late fee charge and supported a 10% set fee.Public comments were made by Citizens Jim Turner, Jamil Tabor, and Bill Richardson.UPDATE AND PRESENTATION ON BOARDS AND COMMISSIONS REGARDING ATTENDANCE,MEETING QUORUM ISSUES, AND RELATED MATTERSCity Clerk Alicia Ramirez presented background information. Ms. Ramirez informed the Council the boardmeeting cancelations were mainly attributed to either board member’s excused absence, lack of agenda items, orin some instances, the lack of a quorum. She suggested staff liaison and board members should considerconducting meetings quarterly or on an as-needed bases as opposed to the monthly set meetings.Mayor New suggested staff also consider when the meetings are scheduled or rescheduled and how to bettercoordinate the presentation of requested action on a particular item with the CityCouncil meetings, specificallyif aproponent is seeking approval to move forward with their projectand such cancelationsof the board or commissionmay cause an undue burden to the proponent’s project timeline. Councilmember Hirschfeld concurred.
  12. 12. Minutes Page 471April 16, 2013 Vol. 104Responding to a question from Mayor New, Ms. Ramirez informed there have been no instances in which thefull board was not able to meet as opposed to only a few members when obtaining a quorum of the board. Sheadded she has been actively recruiting volunteers to serve on the various boards; however, the process andresponse has been stagnant. She noted she has been working with the Public Information Officer and has madeseveral media presentations.Councilmember Alexander spoke in support of and commented on the importance of the board and commissionjoint meetings with City Council.Public comment was made by Citizen Jim Turner.RECESSAt 10:17 A.M., Mayor New called a recess.RECONVENEAt 10:31 A.M., Council reconvened, and the following business was transacted:EXECUTIVE/CLOSED SESSIONAt 10:31 A.M., Council convened in Executive Session under the provision of Government Code, Title 5. OpenGovernment; Ethics, Subtitle A. Open Government, Chapter 551. Open Meetings, Subchapter D. Exceptions toRequirement that Meetings be Open, Section 551.072 to deliberate the purchase, exchange, lease, or value ofreal property; and, Section 551.087 to discuss an offer of financial or other incentive to a companyor companieswith whom the City of San Angelo is conducting economic development negotiations and which the Cityof SanAngelo seeks to have, locate, stay or expand in San Angelo.RECESSAt 11:28 A.M., Mayor New called a recess.RECONVENEAt 11:39 A.M., Council reconvened, and the following business was transacted:FOLLOW UP AND ADMINISTRATIVE ISSUESCONSIDERATION OF MATTERS DISCUSSED IN EXECUTIVE/CLOSED SESSIONNo action was taken on matters discussed in Executive/Closed Session.APPROVAL OF A BOARD NOMINATION BY COUNCIL AND DESIGNATED COUNCILMEMBERS:Civic Events Board: Estela Salas (SMD5) to an unexpired term October 2014Motion, to approve the board nominations by Council and designated Councilmembers, was made byCouncilmember Silvas and seconded by Councilmember Hirschfeld. Motion carried unanimously.APPROVAL OF THE CIVIL SERVICE COMMISSION NOMINATION, RAUL LOPEZ, BY CITYMANAGER AND APPROVAL BY CITY COUNCILMotion, to approve the nomination, as presented, was made by Councilmember Hirschfeld and seconded byCouncilmember Silvas. Motion carried unanimously.ANNOUNCEMENTS AND CONSIDERATION OF FUTURE AGENDA ITEMSCity Manager Daniel Valenzuela distributed the proposed May7, 2013 Agenda and solicited Council commentsand suggestions.
  13. 13. Page 472 MinutesVol. 104 April 16, 2013Councilmember Silvas requested updates on:· Ave P and Irving construction project and the routine caliche material used on the road surface· Noise ordinance and enforcement of said ordinance· Follow up / update on MedHab incentive projectCouncilmember Hirschfeld announced he would not be in attendance for May 7th meeting. Mayor Newsuggested rescheduling the meeting for April 30thor May 14th. (The meeting was scheduled for May 14th)Councilmember Hirschfeld commented on the recent board consolidation of the Design and Historic ReviewCommission and the result of the expanded the district. He noted the expansion of the districts have causedissues for existing businesses. Mayor New suggested staff and the board should dissect the boundaries anddetermine whether the issue is related to either the river corridor or historic boundary. Assistant CityManager/Chief Financial Officer Michael Dane noted staff will also consider issues presented to staff.Public comment was made by Citizen Jamil Tabor.ADJOURNMENTMotion, to adjourn, was made by Councilmember Morrison and seconded by Councilmember Hirschfeld.Motion carried unanimously.The meeting adjourned at 11:57 A.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.)
  14. 14. City of San AngeloMemoDate: April 12, 2013To: Mayor and CouncilmembersFrom: Ricky Dickson, Water Utilities DirectorSubject: Agenda Item for May 7, 2013 Council MeetingContact: Ricky Dickson; 657-4209Caption: Consent ItemConsideration of awarding RFB WU-07-13 Polymer bid to ChameleonIndustries, Inc. (Mesquite, Tx) in the amount of $91,800.00 for polymercoagulant aid for use in the Water Treatment Plant.Summary: Bids have been received from 2 suppliers for the purchase of liquid polymer.Polymer is a coagulant aid for use at the Water Treatment Plant.History: Historically polymer has been used as a coagulant aid in the treatment of drinkingwater in the City’s plant. This treatment chemical helps to reduce the amount ofprimary coagulant required, helps to create heavier flocs and helps to reduceorganic compounds.Financial Impact: Total estimated annual expenditure of $91,800.00. Budgeted within the WaterTreatment Plant Operating Budget.Related Vision Item(if applicable):naOther Information/Recommendation:Staff recommends the bids be accepted and the City Manager be authorized toexecute the contract documents.Attachments: Bid TabulationPresentation: None.Publication: None.Reviewed byDirector:Ricky Dickson, Water Utilities Director; 657-4209Approved by Legal:
  15. 15. Y:13-RFXWater UtilitiesWU0713 Polymer 4-9-13WU-07-13 Polymer Bid TabulationQTY(Wet Tons)1 Water Production - Polymer 60 1,700.00$ 102,000.00$ 1,530.00$ 91,800.00$Delivery Days (Calendar Days)Payment DiscountRFBs Sent To:Example Waterworks, Inc San Angelo TXKemira Lawrence KSChameleon Mesquite TXAltivia Houston TXOmni Water Consultants, Inc. Vinita OKSNF Polydyne Inc. Riceboro GAAshland Inc. Covington KYSouthern Ionics West Point MSBrenntag Southwest Houston TXBrenntag MidSouth (Boughtout Altivia)Henderson KYCITY OF SAN ANGELONAItemItem Description Price/Ton ExtendedBID TABRFB: WU-07-13-Polymer/April 9, 2013SNF PolydynePrice/Ton ExtendedPrice/Ton ExtendedBrenntag Southwest Inc. Chameleon Industries Inc.NO BIDNone3-5 3None None
  16. 16. City of San AngeloMemoDate: April 16, 2013To: Mayor and CouncilmembersFrom: Ricky Dickson, Water Utilities DirectorSubject: Agenda Item for May 14, 2013 Council MeetingContact: Ricky Dickson, Water Utilities Director, 657-4209Caption: Consent ItemConsideration of authorizing the sale of the following residential properties for theappraised value and authorizing the Mayor, City Manager, or Water UtilitiesDirector to execute all necessary legal documents pertaining to the sale of subjectproperties, subject to completion of all curative requirements.Summary: James and Pernicia Marks 1932 Shady Point Circle DriveLot 52, Group Shady Point $86,095John Matthews 2658 Kings RoadLot 49, Group Fishermans Road $101,314Nicholas and Meredith Povec 2690 Sleepy Hollow RoadLot 57, Group Fishermans Road $90,647Russell and Kristie Reed 1604 Shady Point Circle DriveLot 58-B, Group Shady Point $25,172Edward and Monica Richmond 1601 Shady Point Circle DriveLot 123-A, Group Shady Point $23,101Richard and Stacy Johnson 2005 Beaty CircleLot 10-A, Group 1 $77,811History: None.Financial Impact: Proceeds from the sale of lake lots go into the Lake Nasworthy Trust Fund.Related Vision Item (if applicable): None.Other Information/Recommendation: If the sales are approved at the appraised value, a titleexamination will be performed and legal staff will prepare a Real Estate Contract of Sale, SpecialWarranty Deed and Surrender of Lease, as previously approved by City Council.Staff recommends approval.
  17. 17. Attachments: Appraisal Reports: Marks, Matthews, Povec, Reed, Richmond, & JohnsonPresentation: None.Publication: None.Reviewed by Service Area Director: Ricky Dickson, Water Utilities Director, April 16, 2013.
  18. 18. City of San AngeloMemoDate: May 1, 2013To: Mayor and CouncilmembersFrom: Ricky Dickson, Water Utilities DirectorSubject: Consent Item for May 14, 2013 Council MeetingContact: Ricky Dickson, Water Utilities Director, 657-4209Caption: Consideration of approving a residential lease renewal with Rodney Simpson, at Lot19, Group 2, 2029 American Legion, and Ebba Furlong, at Lot 1, Group 16, 2262 Joy Road andauthorizing the Water Utilities Director to execute the same.Summary: The current lease for Rodney Simpson expires in 2018 and the lease for Ebba Furlongexpires in 2022. They each would like to execute a new 40 year lease for financing purposes.History: Lease fees are current and there are no issues with the lease on these tracts.Financial Impact:Current lease fees: 2013-2017 $683.00 Rodney Simpson2018 Market ValueNew lease fees: 2013 $683.002014-2017 $820.002018-2052 Market ValueCurrent lease fees: 2013-2016 $364.00 Ebba Furlong2017-21021 $408.00New lease fees: 2013-2016 $364.002017-2021 $408.002022-2052 Market ValueRelated Vision Item (if applicable): None.Other Information/Recommendation: It is recommended that the lease renewals be approvedand the Water Utilities Director be authorized to execute the lease. Staff recommends approval.Attachments: Lease Renewal Agreement (Rodney Simpson); (Ebba Furlong)
  19. 19. Presentation: None.Publication: None.Reviewed by Service Area Director: Ricky Dickson, Water Utilities Director, May 1, 2013.
  20. 20. 1LAKE NASWORTHY RESIDENTIAL LOT LEASEThis lease is made and entered into by and between the CITY OF SAN ANGELO, aTexas municipal corporation, ("Lessor"), whose address is 72 W. College Ave., San Angelo,Tom Green County, Texas 76903, and Ebba Furlong whose address is 2262 Joy Road, SanAngelo, Texas 76904, ("Lessee").I. DEMISE OF LEASED PREMISES1.1 In consideration of the mutual covenants, conditions and agreements set forth in thislease, Lessor hereby demises and leases to Lessee, and Lessee hereby accepts and leases fromLessor, the following described real property (hereinafter called "leased premises") situated inSan Angelo, Tom Green County, Texas:Lot 1, Group 16, Lake Nasworthy Addition, according to the mapor plat of said Lake Nasworthy Campsites in the custody of theWater Utilities Department of the City of San Angelo (alsocommonly known as 2262 Joy Road).II. TERM, FEES AND RENTFIXED COMMENCEMENT AND TERMINATION DATE2.1 This lease is granted for a period of forty (40) years having an effective date beginningMay 1, 2013 and ending April 30, 2053, in consideration of the initial payment of $150.00,which payment includes the granting fee, receipt of which payment is hereby acknowledged, andthe further consideration of Lessees payment of future annual rent in accordance withsubsequent paragraphs hereof and Lessees compliance with the stipulations and conditionshereinafter set forth.TIME AND MANNER OF PAYMENT2.2 Lessee shall pay annual rent to Lessor at the San Angelo Water Utilities Department, 72W. College, San Angelo, Texas, 76903, or at such other place as Lessor may from time to timedesignate by written notice to Lessee. Such rent shall be paid annually on or before October 1during the term of this lease in accordance with the following schedule:Dates Annual RentFor the Years 2013 Through 2016 $364.00For the Years 2017For the Years 2022Through 2021Through 2052$408.00$ Market Value*
  21. 21. 2* Annual rent shall be the appraised market value of the leased premises multiplied by a factor of0.08. Such appraised market value shall be determined and adjusted in accordance withapplicable City ordinances in effect at the time of execution of this lease.DELINQUENT PAYMENTS2.3 Lessee shall pay to Lessor a late charge or interest for any rent received by Lessor afterthe date that the rent is due in accordance with established ordinances, provided however, thatthis provision for late charges or interest shall not be construed as a waiver of the right of Lessorto terminate this lease at its option as authorized herein.HOLD OVER2.4 Any holding over by Lessee of the herein leased premises after the expiration of thislease shall operate and be construed only as a tenancy from month to month, terminable at thewill of Lessor.III. DEBTS RELATED TO LEASED PREMISESUTILITIES3.1 Any utility charges shall be paid in full by Lessee when due. Failure to pay suchcharges may be deemed a default at the option of Lessor.TAXES3.2 It is further understood and agreed that Lessee shall pay and discharge all taxes, generaland special assessments, and other charges of every description which during the term of thislease may be levied on or assessed against the leased premises and all interest therein and allimprovements and other property thereon, whether belonging to Lessor or Leaser to which eitherof them may become liable. Lessee shall pay all such taxes, charges, and assessments to thepublic officer charged with the collection thereof not less than fifteen (15) days before the sameshall become delinquent, and Lessee agrees to indemnify and save harmless Lessor from all suchtaxes, charges and assessments. Failure to pay such taxes and special assessments as providedherein may be deemed a default at the option of Lessor.WATER, SEWAGE, PAVING IMPROVEMENTS3.3 In the event the Lessor lays sewer and/or water lines on, adjacent to or in the vicinity ofthe leased premises, Lessee agrees to pay the pro rata front-foot cost of laying said line or linesas established by and in accordance with city policies then in existence.3.4 Lessee expressly agrees that if city water or sewer lines are ever located within 200 feetof the leased premises, Lessee will tie on to such service at its own expense at the priceestablished for that specific Lake Nasworthy area.
  22. 22. 33.5 In the event the Lessor institutes a paving program abutting the leased premises, Lesseeshall pay his pro rata share of paving, curb and gutter costs pursuant to prevailing city policies.IV. RULES AND REGULATIONS4.1 The rules and regulations provided in those certain ordinances of the City Council of theCity of San Angelo, ("Council"), adopted April 2, 1951, and now known as the LakeNasworthy-Twin Buttes Ordinances and any and all subsequent amendments adopted heretoforeor hereafter are expressly incorporated herein by reference as terms and conditions of this lease.This lease is expressly made subject to any ordinances adopted in the future by the Council forthe regulation of Lake Nasworthy and surrounding property, including but not limited to, safety,sanitation, and ecological requirements. This lease will be managed by the Water UtilitiesDepartment of the City of San Angelo subject to the approval of the Council.V. USE OF LEASED PREMISESCONSTRUCTION BY LESSEE5.1 The premises shall be used only for a single family residence and lawful uses incidentalthereto, and in this connection the following shall be applicable:a. No structure shall be constructed in excess of two stories in height.b. No dwelling or residence shall be located nearer than 75 feet to the 1,872.2 footelevation line.c. No housetrailer, shack, tent, or temporary residence of any type shall be permitted onthe leased premises, and no garage or other accessory building shall be used as aresidence.d. All structures shall have a foundation that complies with Lessors building code.e. No outside toilets shall be constructed or maintained on leased premises, and allplumbing shall be connected with a sanitary sewer or with a septic tank which compliesin all respects to all state, county and city sanitation regulations and requirements. Noseptic tank shall be placed, constructed, or maintained nearer than 75 feet to the 1,872.2foot elevation line nor nearer than five (5) feet to any property line. All wastewaterfacilities shall conform to all of the Citys wastewater ordinances, where applicable. Nosewer or drain shall empty into the lake or be constructed so as to flow or wash into thelake. No concrete storm drains may be constructed without the prior approval of theWater Utilities Department, Zoning Board of Adjustment, Planning Commission and/orCouncil, as applicable.f. No structure shall be constructed closer than five (5) feet to any property line.
  23. 23. 4g. No trees may be removed from the leased premises without the prior written consent ofthe Water Utilities Director.h. No improvements or construction work of any kind, including but not limited to,houses, boathouses, piers, pump houses, water wells, storage buildings, fences,excavations, fills, and other types of structures or improvements, shall be built orperformed on leased premises without prior approval of the Water Utilities Department,Zoning Board of Adjustment, Planning Commission and/or Council, as applicable.i. Lessee agrees to comply with all provisions of the Official Code of the City of SanAngelo ("Code"), as such now exists or may hereafter be amended including, but notlimited to, those provisions regarding building permits and permit fees; inspections andfees therefore; building, plumbing, electrical, and fire standards or requirements; and theregulation of septic tanks.j. After any permit is granted, Lessee expressly agrees that all improvements orconstruction work shall be built or performed in strict compliance with the terms of thepermit and approval granted, that construction shall commence within six (6) monthsfollowing the date of the permit, and that all construction shall be completed within one(1) year of the date of the permit.k. Lessee may request from the Council a variance or deviation from any term orcondition contained herein.l. The Council, prior to granting any extension of an existing lease or a new leasecovering the leased premises shall have the right to review the leased premises andimprovements thereon and submit in writing to the Lessee the requirements, if any, whichshall attach to and become a part of this lease, necessary for compliance with theabove-mentioned provisions of the Code. Failure of the Lessee to abide by and complywith said requirements may be deemd a default at the option of Lessor.RESERVATIONS AND EASEMENTS5.2 Lessor, its agents or assigns, reserves the privilege and right at any time to execute anddeliver valid oil, gas and other mineral leases upon the leased premises, and valid right-of-wayeasements for gas, oil, water, or wastewater pipelines, telephone, telegraph or electric poletransmission lines on said premises, or any part thereof, and in such event this lease shall besubject and subordinate to the rights, terms and privileges of any such oil, gas and other mineralleases or such easements as may have been executed heretofore or hereafter by Lessor, its agentsor assigns. An easement across leased premises is hereby retained by Lessor for the purpose oflaying sewer and water lines and/or for necessary rights-of-way for roads, alleys or otherthroughways.VI. ENCUMBRANCE OF LEASEHOLD ESTATEENCUMBERING LEASEHOLD INTEREST ONLY
  24. 24. 56.1 Lessee shall not have the right to encumber the fee simple, but Lessee may requestLessors written consent (pursuant to article XII of this lease) to encumber the leasehold estate,personal property or improvements made by Lessee which may be removed from the realtywithout injury to the realty; provided however, that no mortgagee nor anyone who claims by,through or under such mortgage or deed of trust shall, by virtue of such mortgage or deed trust,acquire any greater or more extended rights than Lessee has under this lease but such mortgageor deed of trust shall be in every respect subject, subservient and subordinate to all of theconditions, provisions, requirements, covenants and obligations of this lease. The mortgageeunder any such deed of trust or mortgage shall have the right to assume this lease and perform itsterms and conditions to protect itself.NOTICES TO LENDER6.2 Any lender or mortgagee may notify Lessor in writing that a mortgage or deed of trusthas been given and executed by Lessee and furnish Lessor with the address to which it desirescopies of notices to be mailed. Lessor agrees to mail to lender or mortgagee or its designatedagent or representative, at the address given, a copy of any notice which Lessor gives, mails, orserves on Lessee under the terms of this lease after receipt of such a notice from the lender ormortgagee.VII. CONDITION OF PREMISESNO WARRANTY7.1 LESSOR GIVES NO WARRANTY, EXPRESS OR IMPLIED, AS TO THECONDITION OF THE LEASED PREMISES OR ANY IMPROVEMENTS THEREON,INCLUDING WARRANTY OF HABITABILITY OR FITNESS FOR A PARTICULAR USE.AVAILABILITY AND USE OF LAKE WATER7.2 Lessor in no way guarantees the accessibility of water to the leased premises nor the levelof water in Lake Nasworthy.Lessee can use water from the lake, river, and/or wells on the premises for domesticpurposes and water of existing trees and shrubs; but no water will be removed from the premises.Use of water for irrigation is expressly prohibited. Lessee shall use water in a conservativemanner, and any abusive use of water shall be grounds for denying the use of water to theLessee. Lessee shall pay the applicable water use charge as set by the Lessor, for water or rawwater usage, as the case may be.VIII. REPAIRS AND MAINTENANCELESSEES DUTY TO REPAIR AND MAINTAIN
  25. 25. 68.1 Lessee agrees to keep and maintain any and all structures erected or caused to be erectedor placed on the leased premises in good and tenantable condition, to maintain its appearance,and to landscape and keep said premises cleared of all objectionable matter, things, andvegetation. Leased premises shall not be used for the outside storage of usable materials forunreasonable lengths of time. In the event Lessee shall fail to maintain leased premises in amanner acceptable to Lessor, after notice to Lessee as prescribed by city ordinance, the Lessorshall cause leased premises to be cleaned, cleared, and mowed. Lessee expressly authorizes thecost of any such clearing, cleaning, and mowing to be billed to it or added to the next annualrental payment, with interest at the rate of ten percent (10%) per annum beginning thirty (30)days from the date on which the work was completed, and continuing until such cost is paid infull.DAMAGE OR DESTRUCTION8.2 The parties hereto acknowledge that the leased premises are within an area subject tooverflow and flooding and it is expressly agreed between the parties that neither Lessor nor anyof its agents or employees shall be liable to Lessee for any damages caused in any manner,negligent or otherwise, by high water or floods at Lake Nasworthy, nor by the rivers or creekswhich serve as its sources of supply or diversion channels, nor by reason of any work deemednecessary in Lessors sole judgment in the maintenance of said Lake and sources of supply ordiversion channels and all damages occasioned thereby are hereby waived, and when Lessor (orany agent thereof) deems it necessary to enter on the leased premises for any of the abovepurposes, its judgment shall be conclusive.IX. SUSPENSION OF PRIVILEGESHEALTH MATTERS9.1 It is expressly understood and agreed that Lessor may at any time, without notice toLessee or any mortgagee, suspend or revoke any and all privileges granted herein for such lengthof time as in its sole judgment is necessary for the purpose of suppressing or arresting anepidemic of any contagious or infectious disease, or when, in its sole judgment, any suspensionof privileges is necessary to protect the health of the water consumers of San Angelo, Texas. Inthe event privileges are suspended by Lessor, rent shall be prorated; and if the lease is revoked,Lessor shall pay Lessee an amount equal to the market value of any structures or improvementshereto made or erected on leased premises in compliance with the terms of this lease.PUBLIC PURPOSES9.2 If Lessor shall deem that leased premises are required for any public purpose or thatcondemnation is necessary, Lessor shall have the right to terminate this lease by giving ninety(90) days written notice of such termination to Lessee and any mortgagee who has notified theWater Utilities Department of its lien and its address for notice purposes; and Lessee agrees topromptly deliver possession of leased premises to Lessor; and this lease shall terminate upon theexpiration of ninety (90)days after the date of such notice; and in such event Lessor shall pay
  26. 26. 7Lessee an amount equal to the market value of any structures or improvements hereto made orerected on leased premises in compliance with the terms of this lease.X. RELEASE10.1 Lessee expressly releases Lessor, its officers, agents, and employees from any and allclaims for damages of any kind by reason of the condition of the premises hereby leased, or anyimprovements thereon or any damages incurred in the enjoyment or exercise of the privilegesgranted hereunder, or for damage to its person or property caused by the opening of the gates atNasworthy Dam, the lowering of the normal water elevation in the lake, or due to flood or highwater, or any fluctuating water levels which may arise in the use and operation of LakeNasworthy, or in the joint use and operation of Lake Nasworthy, San Angelo Reservoir, andTwin Buttes Reservoir for the purposes of recreation, irrigation, and water supply, or for anyother purpose.XI. INDEMNIFICATION11.1 LESSEE FURTHER AGREES FOR LESSEE AND LESSEE’SSUCCESORS ININTEREST TO INDEMNIFY AND HOLD LESSOR, ITS OFFICERS, AGENTS, ANDEMPLOYEES, FREE AND HARMLESS FROM ANY CLAIMS FOR DAMAGES ORINJURY, INCLUDING DEATH, TO PERSONS OR PROPERTY, OR ANY LIABILITYINCURRED AS A RESULT OF THE EXERCISE OF THE PRIVILEGES CONFERRED BYTHIS LEASE, AND AGREES TO REIMBURSE LESSOR FOR ANY EXPENSESINCURRED IN THE DEFENSE OF ANY SUCH CLAIM, INCLUDING REASONABLEATTORNEYS FEES AND COURT COSTS ACTUALLY INCURRED. NOTHING HEREINSHALL REQUIRE THE INDEMNIFYING PARTY TO INDEMNIFY, DEFEND ORHOLDHARMLESS ANY INDEMNIFIED PARTY FOR THE INDEMNIFIED PARTY’SOWN GROSS NEGLIGENCE OR WILLFUL MISCONDUCT. THIS INDEMNIFICATIONSHALL SURVIVE THE TERM OF THIS LEASE AS LONG AS ANY LIABILITY COULDBE ASSERTED.XII. TRANSFER, ASSIGNMENT, AND SUBLETTING12.1 Lessee may not transfer or assign the leased premises, in whole or in part, without theprior written consent of the Lessor, which consent will not be unreasonably withheld. Lesseemay not sublet the leased premises, in whole or in part, without the prior written consent of theLessor. Any such transfer, assignment or sublease shall be evidenced in writing, properlyexecuted and acknowledged by both parties thereto; a copy shall be delivered to Lessor and theoriginal shall be recorded in the office of the County Clerk of Tom Green County, Texas. It isagreed, however, that each such transfer, assignment or sublease shall bind the transferee,assignee or sublessee to the obligations of Lessee to Lessor as set forth in this lease and shall notrelease Lessee from Lessees obligations under the lease.XIII. DEFAULT AND REMEDIESDEFAULT
  27. 27. 813.1 (a) Any breach of this lease by Lessee, other than the non-payment of rent, may result inirreparable damage to Lessor for which Lessor will not have an adequate remedy at law. IfLessee should default with respect to any of its obligations hereunder except with respect to thenon-payment of rent, and should fail within 60 days after written notice of such default from theLessor to cure such default, then Lessee agrees that that Lessor shall be entitled to immediatelyseek relief by action or proceeding at law for damages, for specific performance and injunction,without any requirement to post a bond or other security.(b) In addition to, and independent of, the provisions of subsection (a), above, shouldLessee violate any provision of this Lease, other than the non-payment of rent, and fail or refuseto cure such violation within 60 days after written notice of such default from Lessor, thenLessor or Lessor’s agents may enter the premises as reasonably necessary to perform the workrequired as determined by Lessor to cure the default and the costs thereof shall be deemed to beadditional rent, immediately due and payable upon written notice to Lessee of the sum ofexpenses, costs, and fees so incurred by Lessor, including an assessment for the cost related toLessor’s employee time in curing the default, if any. LESSEE HEREBY WAIVES ANYCLAIM FOR TRESSPASS OR DAMAGES RELATING TO LESSOR OR LESSOR’SAGENTS OR EMPLOYEES ENTRY ONTO THE LEASEHOLD PREMISES PURSUANT TOTHE PROVSIONS OF THIS LEASE.(c) A breach of this lease by Lessee for non-payment of rent shall result in termination ofthis lease should Lessee within 60 days after written notice of default setting forth the amountpast due fail to cure such default by making payment of the full amount due Lessor.POSSESSION13.2 Lessee agrees at the termination of this lease to deliver possession peacefully to theLessor or its agents or employees; and if it fails to give peaceful possession, Lessor may takeforceful possession of said premises and eject all parties therefrom without being guilty oftrespass; and all damages occasioned thereby are hereby waived.REMOVAL OF IMPROVEMENTS13.3 All buildings and other improvements placed on the property by Lessee (except trees,shrubs, flowers and plants) which may be removed without injury to the realty shall remain theproperty of Lessee. It is understood and agreed, however, that buildings and improvements shallbe held by the Lessor until all rentals due Lessor by Lessee shall have been paid, and should anyamount remain unpaid for more than thirty (30) days after termination of this lease, the Lessorshall have the right to sell such buildings and improvements and apply the proceeds to theamount due Lessor, with interest at the annual rate of ten percent (10%), and to any costsincident to the sale, and pay the balance remaining, if any, to Lessee. All property remaining onthe premises after the expiration of ninety (90) days following the termination of this lease,however terminated, shall be deemed abandoned by Lessee and shall become the property ofLessor.
  28. 28. 9OTHER REMEDIES13.4 (a) Any termination of this lease shall not relieve Lessee from the payment of any sum orsums that are due and payable to Lessor under the lease, or any claim for damages then orpreviously accruing against Lessee under this lease, and any such termination shall not preventLessor from enforcing the payment of any such sum or sums or claim for damages by anyremedy provided for by law, or from recovering damages from Lessee for any default under thelease. All rights, options, and remedies of Lessor contained in this lease shall be construed andheld to be cumulative, and no one of them shall be exclusive of the other, and Lessor shall havethe right to pursue any one or all of such remedies or any other remedy or relief which may beprovided by law, whether or not stated in this lease. No waiver by Lessor of a breach of any ofthe covenants, conditions, or restrictions of this lease shall be construed or held to be a waiver ofany succeeding or preceding breach of the same or any other covenant, condition, or restrictioncontained in this lease.(b) The remedies provided herein shall not be exclusive of other remedies. A failure bythe Lessor to take action on any past violation shall not constitute a waiver of the Lessor’s rightto take action on any subsequent violation.XIV. MISCELLANEOUSRELATIONSHIP OF LESSOR AND LESSEE14.1 The relationship between Lessor and Lessee at all times shall remain solely that oflandlord and tenant and shall not be deemed a partnership or joint venture.PARTIES BOUND14.2 This agreement shall be binding upon and inure to the benefit of the parties of the leaseand their respective heirs, executors, administrators, legal representatives, successors andassigns.HEADINGS14.3 The paragraph headings contained herein are for convenience and reference and are notintended to define, extend or limit the scope of any provisions of this lease.SUPERSEDES PRIOR AGREEMENTS14.4 If this lease replaces another lease, all prior agreements are superseded by this lease.ENTIRE AGREEMENT/AMENDMENTS14.5 This lease constitutes the entire agreement between the parties, and Lessor is not boundby any agreement, condition or stipulation, understanding or representation made by any of
  29. 29. 10Lessor’s agents not contained herein. No amendment to this lease shall be effective unless suchis in writing and signed by both parties.VIOLATIONS OF LEASE14.6 IT IS FURTHER UNDERSTOOD AND AGREED BETWEEN THE PARTIES THATTHE VIOLATION OF ANY TERM, STIPULATION, CONDITION, OR COVENANT,SHALL ENTITLE THE LESSOR, AT ITS OPTION, TO TERMINATE THIS LEASE.FAILURE TO EXERCISE SUCH OPTION AT ANY TIME SHALL NEVER BECONSTRUED AS A WAIVER OF ANY CONDITION OF THIS LEASE.TEXAS LAW TO APPLY14.7 The parties hereby agree that Texas law will control the interpretation or enforcement ofthis lease. This lease has been executed in Texas, and all obligations hereunder are performablein Tom Green County, Texas.INVALID OR ILLEGAL PROVISIONS14.8 If any provision of this lease is held invalid as to any person or set of circumstances, suchholding shall not affect the validity of any remaining provision of this lease or any provision’sapplication to other persons not similarly situated or to other circumstances.REIMBURSEMENT OF LESSOR’S EXPENSES14.9 Lessee shall pay on demand all of Lessor’s expenses including, but not limited to,attorney’s fees and court costs incurred in enforcing any of Lessee’s obligations under this lease,which include, but are not limited to, collection of rental fees and collection of utility payments,taxes and other legitimate assessments.NOTICES14.9 All notices concerning this lease shall be in writing and delivered to the parties at theaddresses below:LESSEE: Ebba Furlong2262 Joy RoadSan Angelo, Texas 76904LESSOR: City of San AngeloAttn: Water Utilities Director72 W. CollegeSan Angelo, Texas 76903[SIGNATURE PAGE TO FOLLOW]
  30. 30. 11EXECUTED in duplicate originals on the _____day of _____________________, 2012by:LESSEEEbba FurlongSTATE OF TEXAS §COUNTY OF TOM GREEN §This instrument was acknowledged before me on the _____day of ________________,20____ by Ebba Furlong.Notary Public, State of TexasCITY OF SAN ANGELO, LESSORBY:Ricky Dickson, DirectorWater Utilities DepartmentSTATE OF TEXAS §COUNTY OF TOM GREEN §This instrument was acknowledged before me on the _____day of ________________,20____, by Ricky Dickson, Director of Water Utilities of the City of San Angelo, a Texas homerule municipal corporation, on behalf of said corporation.Notary Public, State of Texas
  31. 31. LAKE NASWORTHY RESIDENTIAL LOT LEASEThis lease is made and entered into by and between the CITY OF SANANGELO, a Texas municipal corporation, ("Lessor"), whose address is 72 W. CollegeAvenue, San Angelo, Tom Green County, Texas 76903, and Rodney Simpson whoseaddress is 2029 American Legion Road, San Angelo, Texas 76904.I. DEMISE OF LEASED PREMISES1.1 In consideration of the mutual covenants, conditions and agreements set forth inthis lease, Lessor hereby demises and leases to Lessee, and Lessee hereby acceptsand leases from Lessor, the following described real property (hereinafter called "leasedpremises") situated in San Angelo, Tom Green County, Texas:Lot 19, Group 2, Lake Nasworthy Addition, according to themap or plat of said Lake Nasworthy Campsites in thecustody of the Water Utilities Department of the City of SanAngelo (also commonly known as 2029 American LegionRoad ).II. TERM, FEES AND RENTFIXED COMMENCEMENT AND TERMINATION DATE2.1 This lease is granted for a period of forty (40) years beginning May 1, 2013 andending April 30, 2053, in consideration of the initial payment of $150.00, which paymentincludes the granting fee, receipt of which payment is hereby acknowledged, and thefurther consideration of Lessees payment of future annual rent in accordance withsubsequent paragraphs hereof and Lessees compliance with the stipulations andconditions hereinafter set forth.TIME AND MANNER OF PAYMENT2.2 Lessee shall pay annual rent to Lessor at the San Angelo Water UtilitiesDepartment, 72 W. College Avenue, San Angelo, Texas, 76903, or at such other placeas Lessor may from time to time designate by written notice to Lessee. Such rent shallbe paid annually on or before May 1 during the term of this lease in accordance with thefollowing schedule:Dates Annual RentFor the Years 2013 Through $683.00For the Years 2014 Through 2017 $820.00
  32. 32. For the Years 2018 Through 2052 Market Value ** Annual rent shall be the appraised market value of the leased premises multiplied by afactor of 0.08. Such appraised market value shall be determined and adjusted inaccordance with applicable City ordinances in effect at the time of execution of thislease.DELINQUENT PAYMENTS2.3 Lessee shall pay to Lessor a late charge or interest for any rent received byLessor after the date that the rent is due in accordance with established ordinances,provided however, that this provision for late charges or interest shall not be construedas a waiver of the right of Lessor to terminate this lease at its option as authorizedherein.HOLD OVER2.4 Any holding over by Lessee of the herein leased premises after the expiration ofthis lease shall operate and be construed only as a tenancy from month to month,terminable at the will of Lessor.III. DEBTS RELATED TO LEASED PREMISESUTILITIES3.1 Any utility charges shall be paid in full by Lessee when due. Failure to pay suchcharges shall, at the option of Lessor, result in forfeiture of this lease.TAXES3.2 It is further understood and agreed that Lessee shall pay and discharge all taxes,general and special assessments, and other charges of every description which duringthe term of this lease may be levied on or assessed against the leased premises and allinterest therein and all improvements and other property thereon, whether belonging toLessor or Leaser to which either of them may become liable. Lessee shall pay all suchtaxes, charges, and assessments to the public officer charged with the collection thereofnot less than fifteen (15) days before the same shall become delinquent, and Lesseeagrees to indemnify and save harmless Lessor from all such taxes, charges andassessments. Failure to pay such taxes and special assessments as provided hereinshall, at the option of Lessor, result in forfeiture of this lease.WATER, SEWAGE, PAVING IMPROVEMENTS3.3 In the event the Lessor lays sewer and/or water lines on, adjacent to or in thevicinity of the leased premises, Lessee agrees to pay the pro rata front-foot cost of
  33. 33. laying said line or lines as established by and in accordance with city policies then inexistence.3.4 Lessee expressly agrees that if city water or sewer lines are ever located within200 feet of the leased premises, Lessee will tie on to such service at its own expense atthe price established for that specific Lake Nasworthy area.3.5 In the event the Lessor institutes a paving program abutting the leased premises,Lessee shall pay his pro rata share of paving, curb and gutter costs pursuant toprevailing city policies.IV. RULES AND REGULATIONS4.1 The rules and regulations provided in those certain ordinances of the CityCouncil of the City of San Angelo, ("Council"), adopted April 2, 1951, and now known asthe Lake Nasworthy-Twin Buttes Ordinances and any and all subsequent amendmentsadopted heretofore or hereafter are expressly incorporated herein by reference as termsand conditions of this lease. This lease is expressly made subject to any ordinancesadopted in the future by the Council for the regulation of Lake Nasworthy andsurrounding property, including but not limited to, safety, sanitation, and ecologicalrequirements. Any breach of said rules and regulations shall, at the option of the Lessor,result in forfeiture of this lease. This lease will be managed by the Water UtilitiesDepartment of the City of San Angelo subject to the approval of the Council.V. USE OF LEASED PREMISESCONSTRUCTION BY LESSEE5.1 The premises shall be used only for a single family residence and lawful usesincidental thereto, and in this connection the following shall be applicable:a. No structure shall be constructed in excess of two stories in height.b. No dwelling or residence shall be located nearer than 75 feet to the 1,872.2foot elevation line.c. No housetrailer, shack, tent, or temporary residence of any type shall bepermitted on the leased premises, and no garage or other accessory buildingshall be used as a residence.d. All structures shall have a foundation that complies with Lessors buildingcode.e. No outside toilets shall be constructed or maintained on leased premises, andall plumbing shall be connected with a sanitary sewer or with a septic tank whichcomplies in all respects to all state, county and city sanitation regulations and
  34. 34. requirements. No septic tank shall be placed, constructed, or maintained nearerthan 75 feet to the 1,872.2 foot elevation line nor nearer than five (5) feet to anyproperty line. All wastewater facilities shall conform to all of the Citys wastewaterordinances, where applicable. No sewer or drain shall empty into the lake or beconstructed so as to flow or wash into the lake. No concrete storm drains may beconstructed without the prior approval of the Water Utilities Department, ZoningBoard of Adjustment, Planning Commission and/or Council, as applicable.f. No structure shall be constructed closer than five (5) feet to any property line.g. No trees may be removed from the leased premises without the prior writtenconsent of the Water Utilities Director.h. No improvements or construction work of any kind, including but not limited to,houses, boathouses, piers, pumphouses, water wells, storage buildings, fences,excavations, fills, and other types of structures or improvements, shall be built orperformed on leased premises without prior approval of the Water UtilitiesDepartment, Zoning Board of Adjustment, Planning Commission and/or Council,as applicable.i. Lessee agrees to comply with all provisions of the Official Code of the City ofSan Angelo ("Code"), as such now exists or may hereafter be amendedincluding, but not limited to, those provisions regarding building permits andpermit fees; inspections and fees therefore; building, plumbing, electrical, and firestandards or requirements; and the regulation of septic tanks.j. After any permit is granted, Lessee expressly agrees that all improvements orconstruction work shall be built or performed in strict compliance with the termsof the permit and approval granted, that construction shall commence within six(6) months following the date of the permit, and that all construction shall becompleted within one (1) year of the date of the permit.k. Lessee may request from the Council a variance or deviation from any term orcondition contained herein.l. The Council, prior to granting any extension of an existing lease or a new leasecovering the leased premises shall have the right to review the leased premisesand improvements thereon and submit in writing to the Lessee the requirements,if any, which shall attach to and become a part of this lease, necessary forcompliance with the above-mentioned provisions of the Code. Failure of theLessee to abide by and comply with said requirements will be grounds toterminate this lease or any extension thereof.RESERVATIONS AND EASEMENTS
  35. 35. 5.2 Lessor, its agents or assigns, reserves the privilege and right at any time toexecute and deliver valid oil, gas and other mineral leases upon the leased premises,and valid right-of-way easements for gas, oil, water, or wastewater pipelines, telephone,telegraph or electric pole transmission lines on said premises, or any part thereof, andin such event this lease shall be subject and subordinate to the rights, terms andprivileges of any such oil, gas and other mineral leases or such easements as may havebeen executed heretofore or hereafter by Lessor, its agents or assigns. An easementacross leased premises is hereby retained by Lessor for the purpose of laying sewerand water lines and/or for necessary rights-of-way for roads, alleys or otherthroughways.VI. ENCUMBRANCE OF LEASEHOLD ESTATEENCUMBERING LEASEHOLD INTEREST ONLY6.1 Lessee shall not have the right to encumber the fee simple, but Lessee mayrequest Lessors written consent (pursuant to article XII of this lease) to encumber theleasehold estate, personal property or improvements made by Lessee which may beremoved from the realty without injury to the realty; provided however, that nomortgagee nor anyone who claims by, through or under such mortgage or deed of trustshall, by virtue of such mortgage or deed trust, acquire any greater or more extendedrights than Lessee has under this lease but such mortgage or deed of trust shall be inevery respect subject, subservient and subordinate to all of the conditions, provisions,requirements, covenants and obligations of this lease. The mortgagee under any suchdeed of trust or mortgage shall have the right to assume this lease and perform itsterms and conditions to protect itself.NOTICES TO LENDER6.2 Any lender or mortgagee may notify Lessor in writing that a mortgage or deed oftrust has been given and executed by Lessee and furnish Lessor with the address towhich it desires copies of notices to be mailed. Lessor agrees to mail to lender ormortgagee or its designated agent or representative, at the address given, a copy ofany notice which Lessor gives, mails, or serves on Lessee under the terms of this leaseafter receipt of such a notice from the lender or mortgagee.VII. CONDITION OF PREMISESNO WARRANTY7.1 LESSOR GIVES NO WARRANTY, EXPRESS OR IMPLIED, AS TO THECONDITION OF THE LEASED PREMISES OR ANY IMPROVEMENTS THEREON,INCLUDING WARRANTY OF HABITABILITY OR FITNESS FOR A PARTICULAR USE.AVAILABILITY AND USE OF LAKE WATER
  36. 36. 7.2 Lessor in no way guarantees the accessibility of water to the leased premises northe level of water in Lake Nasworthy.Lessee can use water from the lake, river, and/or wells on the premises fordomestic purposes and water of existing trees and shrubs; but no water will be removedfrom the premises. Use of water for irrigation is expressly prohibited. Lessee shall usewater in a conservative manner, and any abusive use of water shall be grounds fordenying the use of water to the Lessee. Lessee shall pay the applicable water usecharge as set by the Lessor, for water or raw water usage, as the case may be.VIII. REPAIRS AND MAINTENANCELESSEES DUTY TO REPAIR AND MAINTAIN8.1 Lessee agrees to keep and maintain any and all structures erected or caused tobe erected or placed on the leased premises in good and tenantable condition, tomaintain its appearance, and to landscape and keep said premises cleared of allobjectionable matter, things, and vegetation. Leased premises shall not be used for theoutside storage of usable materials for unreasonable lengths of time. In the eventLessee shall fail to maintain leased premises in a manner acceptable to Lessor, afternotice to Lessee as prescribed by city ordinance, the Lessor shall cause leasedpremises to be cleaned, cleared, and mowed. Lessee expressly authorizes the cost ofany such clearing, cleaning, and mowing to be billed to it or added to the next annualrental payment, with interest at the rate of ten percent (10%) per annum beginning thirty(30) days from the date on which the work was completed, and continuing until suchcost is paid in full.DAMAGE OR DESTRUCTION8.2 The parties hereto acknowledge that the leased premises are within an areasubject to overflow and flooding and it is expressly agreed between the parties thatneither Lessor nor any of its agents or employees shall be liable to Lessee for anydamages caused in any manner, negligent or otherwise, by high water or floods at LakeNasworthy, nor by the rivers or creeks which serve as its sources of supply or diversionchannels, nor by reason of any work deemed necessary in Lessors sole judgment inthe maintenance of said Lake and sources of supply or diversion channels and alldamages occasioned thereby are hereby waived, and when Lessor (or any agentthereof) deems it necessary to enter on the leased premises for any of the abovepurposes, its judgment shall be conclusive.IX. SUSPENSION OF PRIVILEGESHEALTH MATTERS9.1 It is expressly understood and agreed that Lessor may at any time, without noticeto Lessee or any mortgagee, suspend or revoke any and all privileges granted herein
  37. 37. for such length of time as in its sole judgment is necessary for the purpose ofsuppressing or arresting an epidemic of any contagious or infectious disease, or when,in its sole judgment, any suspension of privileges is necessary to protect the health ofthe water consumers of San Angelo, Texas. In the event privileges are suspended byLessor, rent shall be prorated; and if the lease is revoked, Lessor shall pay Lessee anamount equal to the market value of any structures or improvements hereto made orerected on leased premises in compliance with the terms of this lease.PUBLIC PURPOSES9.2 If Lessor shall deem that leased premises are required for any public purpose orthat condemnation is necessary, Lessor shall have the right to terminate this lease bygiving ninety (90) days written notice of such termination to Lessee and any mortgageewho has notified the Water Utilities Department of its lien and its address for noticepurposes; and Lessee agrees to promptly deliver possession of leased premises toLessor; and this lease shall terminate upon the expiration of ninety (90)days after thedate of such notice; and in such event Lessor shall pay Lessee an amount equal to themarket value of any structures or improvements hereto made or erected on leasedpremises in compliance with the terms of this lease.X. RELEASE10.1 Lessee expressly releases Lessor, its officers, agents, and employees from anyand all claims for damages of any kind by reason of the condition of the premiseshereby leased, or any improvements thereon or any damages incurred in the enjoymentor exercise of the privileges granted hereunder, or for damage to its person or propertycaused by the opening of the gates at Nasworthy Dam, the lowering of the normal waterelevation in the lake, or due to flood or high water, or any fluctuating water levels whichmay arise in the use and operation of Lake Nasworthy, or in the joint use and operationof Lake Nasworthy, San Angelo Reservoir, and Twin Buttes Reservoir for the purposesof recreation, irrigation, and water supply, or for any other purpose.XI. INDEMNIFICATION11.1 Lessee further agrees to indemnify and hold Lessor, its officers, agents, andemployees, free and harmless from any claims for damages or injury, including death,to persons or property, or any liability incurred as a result of the exercise of theprivileges conferred by this lease, and agrees to reimburse Lessor for any expensesincurred in the defense of any such claim, including reasonable attorneys fees andcourt costs actually incurred.XII. TRANSFER, ASSIGNMENT, AND SUBLETTING12.1 Lessee may not transfer or assign the leased premises, in whole or in part,without the prior written consent of the Lessor, which consent will not be unreasonablywithheld. Lessee may not sublet the leased premises, in whole or in part, without the
  38. 38. prior written consent of the Lessor. Any such transfer, assignment or sublease shall beevidenced in writing, properly executed and acknowledged by both parties thereto; acopy shall be delivered to Lessor and the original shall be recorded in the office of theCounty Clerk of Tom Green County, Texas. It is agreed, however, that each suchtransfer, assignment or sublease shall be subject to the obligations to Lessor as setforth in this lease and shall not release Lessee or Lessees obligations under the lease.XIII. ABANDONMENT, DEFAULT AND REMEDIESNOTICE OF INTENT TO TERMINATE LEASE13.1 In the event Lessee shall (1) abandon the premises or (2) default in performanceof any of the covenants and conditions required herein to be kept and performed byLessee and such default continues for a period of thirty (30) days, Lessor shall have theright to terminate this lease. Lessor will give thirty (30) days written notice of its intentionto terminate the lease to Lessee and any mortgagee who has notified the Water UtilitiesDepartment of its lien and its address for notice purposes, and Lessee and anymortgagee will have such thirty (30) days within which to cure such default and therebyavoid termination. Notice shall be sufficient if delivered to Lessee at the addressspecified in this lease or at such other address as Lessee may in writing designate toLessor. Upon Lessors election to terminate, this lease shall cease.POSSESSION13.2 Lessee agrees at the termination of this lease to deliver possession peacefully tothe Lessor or its agents or employees; and if it fails to give peaceful possession, Lessormay take forceful possession of said premises and eject all parties therefrom withoutbeing guilty of trespass; and all damages occasioned thereby are hereby waived.REMOVAL OF IMPROVEMENTS13.3 All buildings and other improvements placed on the property by Lessee (excepttrees, shrubs, flowers and plants) which may be removed without injury to the realtyshall remain the property of Lessee. It is understood and agreed, however, thatbuildings and improvements shall be held by the Lessor until all rentals due Lessor byLessee shall have been paid, and should any amount remain unpaid for more than thirty(30) days after termination of this lease, the Lessor shall have the right to sell suchbuildings and improvements and apply the proceeds to the amount due Lessor, withinterest at the annual rate of ten percent (10%), and to any costs incident to the sale,and pay the balance remaining, if any, to Lessee. All property remaining on thepremises after the expiration of ninety (90) days following the termination of this lease,however terminated, shall be deemed abandoned by Lessee and shall become theproperty of Lessor.
  39. 39. OTHER REMEDIES13.4 Any termination of this lease shall not relieve Lessee from the payment of anysum or sums that are due and payable to Lessor under the lease, or any claim fordamages then or previously accruing against Lessee under this lease, and any suchtermination shall not prevent Lessor from enforcing the payment of any such sum orsums or claim for damages by any remedy provided for by law, or from recoveringdamages from Lessee for any default under the lease. All rights, options, and remediesof Lessor contained in this lease shall be construed and held to be cumulative, and noone of them shall be exclusive of the other, and Lessor shall have the right to pursueany one or all of such remedies or any other remedy or relief which may be provided bylaw, whether or not stated in this lease. No waiver by Lessor of a breach of any of thecovenants, conditions, or restrictions of this lease shall be construed or held to be awaiver of any succeeding or preceding breach of the same or any other covenant,condition, or restriction contained in this lease.XIV. MISCELLANEOUSRELATIONSHIP OF LESSOR AND LESSEE14.1 The relationship between Lessor and Lessee at all times shall remain solely thatof landlord and tenant and shall not be deemed a partnership or joint venture.PARTIES BOUND14.2 This agreement shall be binding upon and inure to the benefit of the parties ofthe lease and their respective heirs, executors, administrators, legal representatives,successors and assigns.HEADINGS14.3 The paragraph headings contained herein are for convenience and referenceand are not intended to define, extend or limit the scope of any provisions of this lease.SUPERSEDES PRIOR AGREEMENTS14.4 If this lease replaces another lease, all prior agreements are superseded by thislease.ENTIRE AGREEMENT/AMENDMENTS14.5 This lease constitutes the entire agreement between the parties, and Lessor isnot bound by any agreement, condition or stipulation, understanding or representationmade by any of Lessor’s agents not contained herein. No amendment to this lease shallbe effective unless such is in writing and signed by both parties.
  40. 40. VIOLATIONS OF LEASE14.6 IT IS FURTHER UNDERSTOOD AND AGREED BETWEEN THE PARTIESTHAT THE VIOLATION OF ANY TERM, STIPULATION, CONDITION, ORCOVENANT, SHALL ENTITLE THE LESSOR, AT ITS OPTION, TO TERMINATE THISLEASE. FAILURE TO EXERCISE SUCH OPTION AT ANY TIME SHALL NEVER BECONSTRUED AS A WAIVER OF ANY CONDITION OF THIS LEASE.TEXAS LAW TO APPLY14.7 The parties hereby agree that Texas law will control the interpretation orenforcement of this lease. This lease has been executed in Texas, and all obligationshereunder are performable in Tom Green County, Texas.INVALID OR ILLEGAL PROVISIONS14.8 If any provision of this lease is held invalid as to any person or set ofcircumstances, such holding shall not affect the validity of any remaining provision ofthis lease or any provision’s application to other persons not similarly situated or toother circumstances.REIMBURSEMENT OF LESSOR’S EXPENSES14.9 Lessee shall pay on demand all of Lessor’s expenses including, but not limitedto, attorney’s fees and court costs incurred in enforcing any of Lessee’s obligationsunder this lease, which include, but are not limited to, collection of rental fees andcollection of utility payments, taxes and other legitimate assessments.NOTICES14.9 All notices concerning this lease shall be in writing and delivered to the parties atthe addresses below:LESSEE: Rodney Simpson2029 American Legion RoadSan Angelo, Texas 76904LESSOR: City of San AngeloAttn: Water Utilities Director72 W. College AvenueSan Angelo, Texas 76903
  41. 41. EXECUTED in duplicate originals on the _____day of _____________________,2013 by:LESSEE(S)Rodney SimpsonSTATE OF TEXAS §COUNTY OF TOM GREEN §This instrument was acknowledged before me on the _____day of________________, 20____ by Rodney Simpson.Notary Public, State of TexasCITY OF SAN ANGELO, LESSORBY:Ricky Dickson, DirectorWater Utilities DepartmentSTATE OF TEXAS §COUNTY OF TOM GREEN §This instrument was acknowledged before me on the _____day of________________, 2013, by Ricky Dickson, Water Utilities Director, of the City of SanAngelo, a Texas home rule municipal corporation, on behalf of said corporation.Notary Public, State of Texas
  42. 42. City of San AngeloMemoDate: May 9, 2013To: Mayor and Council MembersFrom: Teresa Covey, Interim Emergency Management CoordinatorSubject: Agenda Item for May 7, 2013 Council MeetingContact: Teresa Covey, Emergency Management, 325-657-4289Caption: ConsentCONSIDERATION OF APPROVING A RESOLUTION OF THE CITY OF SANANGELO AUTHORIZING THE EXECUTION OF A MEMORANDUM OFUNDERSTANDING WITH GOODFELLOW AIR FORCE BASE 17thCIVILENGINEERING SQUADRON READINESS AND EMERGENCY MANAGEMENTFLIGHT PROVIDING FOR SHARING EMERGENCY RESPONSE INFORMATIONTHROUGH DEFENSE CONNECT ONLINE COMMUNICATIONS AND WEB EOCSummary: The City of San Angelo and Goodfellow Air Force Base recognize the vulnerabilityof the people and communities located within Tom Green County to damage,injury, illness, and loss of life and property resulting from a disaster or civilemergency and recognize that disasters or civil emergencies may presentequipment, manpower, expertise, and shelter requirements beyond the capacity ofsaid parties. To prevent or limit loss of life and property damage, the partiesoperating cooperatively will be better able to meet the needs of the people andcommunities in Tom Green County. (MOU previously approved by City Councilon 2-19-13; however, verbiage change required to include exercise opportunities.)History: The Texas Government Code, Section 418.109(d), provides that a localgovernment entity may provide for emergency assistance to another localgovernment entity. Section 418.113 of the Texas Government Code provides forcoordination with political subdivisions located in the disaster district to ensure thatstate and federal emergency assets are made available as needed to provide themost efficient and effective response possible. This MOU will allow for bettercoordination of effort, and will help ensure that appropriate aid, assistance andcare is available to the communities involved in the minimum time possible.Financial Impact: NoneRelated Vision Item(if applicable):The sharing of the City Emergency Management WebEOC program and trainingopportunities with Goodfellow Air Force Base Readiness and EmergencyManagement Flight will provide another layer of communications redundancy andopen doors for future training opportunities for San Angelo/Tom Green County.Other Information/Recommendation:Staff recommends approval for the Mayor or City Manager to sign the Memorandumof Understanding (MOU) agreement between the City of San Angelo and GoodfellowAir Force Base Readiness and Emergency Management Flight.Attachments: EMG GAFB_ MOU_04 24_13.docEMG GAFB_MOU_RES.docx
  43. 43. Presentation: N/APublication: N/AReviewed byService AreaDirector:Daniel Valenzuela, City Manager,Approved by Legal: 3-28-13
  44. 44. A RESOLUTION OF THE CITY OF SAN ANGELO AUTHORIZING THEEXECUTION OF A MEMORANDUM OF UNDERSTANDING WITHGOODFELLOW AIR FORCE BASE 17thCIVIL ENGINEERINGSQUADRON READINESS AND EMERGENCY MANAGEMENT FLIGHTPROVIDING FOR SHARING EMERGENCY RESPONSEINFORMATION THROUGH DEFENSE CONNECT ONLINECOMMUNICATIONS AND WEB EOCWHEREAS, Goodfellow Air Force Base is located within the corporate limits of theCity of San Angelo, Texas, and can provide the City of San Angelo with access to DefenseConnect Online (DCO) through the wing liaison representative to the San Angelo, Tom GreenCount Emergency Operations Center; and,WHEREAS, the City of San Angelo, Tom Green County Office of EmergencyManagement can provide Goodfellow Air Force Base with access to WebEOC; and,WHEREAS, common access to DOC and Web EOC between the City of San Angeloand Goodfellow Air Force Base will improve coordination of communications and sharing ofinformation in response to disaster and providing emergency assistance;NOW THEREFORE BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OFSAN ANGELO, TEXAS THAT:The City Manager is hereby authorized to execute the Memorandum of Understandingwith the 17thCivil Engineering Squadron Readiness and Emergency Management Flight,Goodfellow Air Force Base, providing for common access to Defense Connect Online and WebEOC to improve the coordination of communications and sharing of information in response todisaster and providing emergency assistance.PASSED and APPROVED THIS DAY OF , 2013.CITY OF SAN ANGELO, TEXASATTEST: Alvin New, MayorAlicia Ramirez, City Clerk
  45. 45. APPROVED AS TO CONTENT APPROVED AS TO FORMTeresa Covey Lysia H. BowlingInterim Emergency Management Coordinator City Attorney
  46. 46. City of San AngeloMemoDate: April 4, 2013To: Mayor and CouncilmembersFrom: Angelica Peña, Civic EventsSubject: Agenda Item for May 14, 2013 Council MeetingContact: Angelica Peña, Civic Events, 325-653-9577Caption: Consent ItemConsideration of adopting a resolution authorizing the City Manager to execute a leaseagreement between the City of San Angelo and Action Career Training.Summary: Staff has worked with Action Career Training (ACT) on a six month leaseagreement for the use of the Coliseum parking lot to conduct the parking portion oftheir commercial truck driving courses. Effective dates are May 1-October 31,2013 with the option to extend for one additional six month term. There is a baserent of $50.00 per scheduled day of use, ACT is required to maintain Cityinsurance requirements and they must continuously maintain in effect a workforcetraining agreement with Howard College. In addition there is a waiver of liabilityand indemnity that each class participant must sign.History: Truck driving has been listed as a high demand occupation for the Concho Valleyworkforce area. Howard College maintains a workforce training agreement withAction Career Trucking, (ACT), to conduct a truck driving class on HowardCollege’s behalf. This is the only CDL class available in San Angelo, with Abilenebeing the next available location. The CDL course spans over four weeks with oneweek of pre-trip inspection and parking training at the coliseum parking lot.Howard College is currently working on the construction of their own large parkinglot at the West Texas Training Center and they anticipate construction to becomplete by the end of October 2013. The City has entered into short term(monthly) agreements with Howard College to hold truck driving classes in thepast however; it is a better use of staff time to do just one for a six month timeframe.Financial Impact: Approximately $3,250 in base rent would be collected if all scheduled classes takeplace through the end of October 2013.Related Vision Item(if applicable):N/AOther Information/Recommendation:Staff recommends approving the contract as is. The City has a positive workingrelationship with Howard College and ACT and all parties involved recognize theneed and the benefit derived from offering this class in San Angelo. Werecommend that City Council authorizes the City Manager to execute said leaseagreement.Attachments: • Commerical Lease agreement by and between The City of San Angelo andACT/Commerical Truck driving• Resolution
  47. 47. Presentation: NonePublication: NoneReviewed byDirector:Carl White, Parks & Recreation Director, April 17, 2013Approved by Legal: Yes

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