City Council May 14, 2013 Agenda packet

City Council Agenda Page 1 of 5 May 14, 2013
NOTICE OF A PUBLIC MEETING
AN AGENDA OF A REGULAR MEETING OF THE CITY COUNCIL
THE CITY OF SAN ANGELO, TEXAS
9:00 A.M. - Tuesday, May 14, 2013
McNease Convention Center, Council Chambers, South Meeting Room
500 Rio Concho Drive
San Angelo, TX 76903
THE MCNEASE CONVENTION CENTER IS ACCESSIBLE TO PERSONS WITH DISABILITIES.
ACCESSIBLE ENTRIES AND SPECIALLY MARKED PARKING SPACES ARE AVAILABLE AT BOTH
MAIN ENTRANCES AT SURBER DRIVE AND RIO CONCHO DRIVE. IF ADDITIONAL ASSISTANCE
IS NEEDED TO OBSERVE OR COMMENT, PLEASE NOTIFY THE OFFICE OF THE CITY CLERK,
ROOM 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. every
day for two weeks beginning on the Thursday after each meeting.
As a courtesy to those in attendance, please place your cell phone on “Silent” or “Vibrate”
Thank You!
I. OPEN SESSION (9:00 A.M.)
A. Call to Order
B. Prayer and Pledge
C. 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 Health
Clinic, and Mary Solomon, Wellness Coordinator, Employee Health Clinic
“Motorcycle Safety and Awareness Month”, May 2013, to be accepted by Joe Estrada of Survivors United
Motorcycle Club
D. Public Comment
The Council takes public comment on all items in the Regular Agenda. Public input on a Regular Agenda
item will be taken at its appropriate discussion. Public input on an item not on the Agenda or Consent
Agenda may be identified and requested for consideration by the Council at this time. The Council may
request an item to be placed on a future agenda, or for a Consent Agenda item, to be moved to the Regular
Agenda for public comment.
II. CONSENT AGENDA
1. Consideration of approving the April 16, 2013 City Council Regular meeting minutes
2. Consideration of awarding bid WU-07-13 for the Water Treatment Plant Polymer coagulant aid to
Polymer Bid to Chameleon Industries, Inc. (Mesquite, TX), in the amount of $91,800.00,andauthorizing
the City Manager or his designee to execute any necessary related documents (submitted by Water
Utilities Director Ricky Dickson)
3. Consideration of authorizing the sale of the following residential properties for the appraised value and
authorizing the Mayor, City Manager, or Water Utilities Director to execute all necessary legal

documents pertaining to the sale of subject properties, subject to completion of all curative requirements:
(submitted by Water Utilities Director Ricky Dickson)
a. 1932 Shady Point Circle Drive, Lot 52, Group Shady Point (Marks), $86,095.00
b. 1604 Shady Point Circle Drive, Lot 58-B, Group Shady Point (Reed), $25,172.00
c. 1601 Shady Point, Lot 123-A, Group Shady Point (Richmond), $23,101
d. 2658 Kings Road, Lot 49, Group Fishermans Road (Matthews), $101,314.00
e. 2690 Sleepy Hollow Road, Lot 57, Group Fishermans Road (Povac), $90,647.00
f. 2005 Beaty Circle, Lot 10-A, Group 1 (Johnson), $77,811.00
4. Consideration of approving the renewal of residential leases for the following properties and authorizing
the Mayor, City Manager, or Water Utilities Director to execute all necessary legal documents pertaining
to 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 of
Understanding, in substantially the attached form, with Goodfellow Air Force Base 17th
Civil
Engineering Squadron Readiness and Emergency Management Flight providing for sharing
emergency 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 use
of the Foster Communications coliseum parking lot (Submitted by Civic Events Manager Angelica
Pena)
7. Consideration of adopting a Resolution authorizing the City Manager to execute Supplemental Lease
Agreement No. 1, to lease DACA63-5-12-0329, in substantially the attached form, and all related
documents, between the City of San Angelo and the United States of America (USA) at San Angelo
Regional Airport (submitted by Airport Director Luis Elguezabal)
III. REGULAR AGENDA:
E. PUBLIC HEARING AND COMMENT
8. Consideration of adopting a Resolution implementing Drought Level II of the City of San Angelo's
Water 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 Spay
Neuter 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; and
c. Consideration of authorizing the City Manager or his designee to apply for funding through various
grants, 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 (to
San Angelo’s City limits) of certain properties situated immediately west/southwest of San Angelo
and encompassing a vacant 24.484 acre tract extending northwest from Mills Pass Drive, and located
directly west of an 8.995 acre tract annexed to the City Limits on March 5, 2013 that comprises the
proposed Prestonwood Addition, Section Two
(Presentation by Interim Director of Development Services AJ Fawver)

11. First Public Hearing and consideration of approving Planning Commission’s recommendation of a
Zone Change from Ranch & Estate (R&E) to Light Manufacturing (ML) in lieu of applicant's request
for Heavy Manufacturing (MH), and consideration of introducing an Ordinance amending Chapter 12,
Exhibit “A” (Zoning Ordinance) of the Code of Ordinances, City of San Angelo
Z 13-11: Harold and Margaret Mueller
AN ORDINANCE AMENDING CHAPTER 12, EXHIBIT “A” OF THE CODE OF ORDINANCES,
CITY OF SAN ANGELO, TEXAS, WHICH SAID EXHIBIT “A” OF CHAPTER 12 ADOPTS
ZONING REGULATIONS, USE DISTRICTS AND A ZONING MAP, IN ACCORDANCE WITH A
COMPREHENSIVE PLAN, BY CHANGING THE ZONING AND CLASSIFICATION OF THE
FOLLOWING PROPERTY, TO WIT: 4017, 4085, 4089, 4091, 4093 and 4125 US Highway 67
Frontage, 3902, 3922 and 3970 Tractor Trail, and 3613, 3669 and 3745 Porter Henderson Drive. This
property specifically occupies the Paul Gregory Addition, Block 1, Lots 1-9 (a replat of Tract B in
Section 1 and a replat of Tract C in Section 2) in northeast San Angelo, changing the zoning
classification from Ranch & Estate (R&E) to Light Manufacturing (ML) District; PROVIDING FOR
SEVERABILITY 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 Angelo
Z 13-13: David and Pam Hilton
FOLLOWING PROPERTY, TO WIT: 525 Preusser Street, located at the southwest corner of Preusser
Street and North Poe Street. This property specifically occupies the Ellis Addition Block 4, N 115'of Lots
1 & 2 and E 33.5' of Frary Addition, Block 19, Lot 6, in central San Angelo, adding the zoning
classification of Historic Overlay (HO) District; PROVIDING FOR SEVERABILITY AND
PROVIDING A PENALTY
13. Consideration of approving an amendment to Vision Plan Component of the San Angelo
Comprehensive Plan update adopted in 2009, specifically properties starting approximately 800 feet
west 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 in
December of 2011, and city owned properties east of north US Highway 67 north and east of the
current industrial park in the far northeast portion of San Angelo
14. Discussion and possible action regarding an amendment to the Thoroughfare Plan Component of San
Angelo's Comprehensive Plan, specifically planned projections of Smith Boulevard and Paulann
Boulevard and other planned thoroughfares in northeast San Angelo
15. Consideration of approving an amendment to Vision Plan Component of the San Angelo
Comprehensive Plan update adopted in 2009, specifically properties located south from the
intersection of Grand Canal Road and US Highway 277, south to the city limit line, and properties
located just east of the city limits line, but outside the city limits in southern San Angelo

16. First Public Hearing and consideration of introduction of an Ordinance amending Chapter 12, Exhibit
“A” (Zoning Ordinance) of the Code of Ordinances, City of San Angelo
PD 13-02: Luke Burnett
FOLLOWING PROPERTY, TO WIT 1245 Grand Canal Road, located approximately 500 feet east of
the intersection of Grand Canal Road and Clarice Court. The property specifically occupies a
proposed Second Replat of Sunset Ranch Estates, Section Two, Block Two, Lot 17B in southern San
Angelo, changing the zoning classification from Office Warehouse (OW) to Planned Development
(PD) District; PROVIDING FOR SEVERABILITY AND PROVIDING A PENALTY
17. Consideration of approving Change Order #15 to include the repair of the pedestrian bridge west of
Abe 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, and
requesting approval for said amount to be funded in equal parts by River Project contingency funds
and 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 for
some development projects (River Corridor, Rio Vista Park, Love Municipal Pool, and City Hall
Plaza)
(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, and
c. Ambulance fees
(Presentation by Budget Manager Morgan Chegwidden)
20. Consideration of approving a request for permit for the collection, removal, transport and disposal of
garbage, trash and debris within the San Angelo city limits in accordance with Section 11.403 of the
San 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 River
Corridor 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 as
approved by City Council on August 21, 2012 and finalized on September 4, 2012
F. FOLLOW UP AND ADMINISTRATIVE ISSUES
22. Consideration of and possible action on matters discussed in Executive/Closed Session, if needed
23. Presentation of and possible action on matters related to the potential Runoff Election scheduled for
Saturday, June 15, 2013

24. Consideration of approving a Board nomination by Council and designated Councilmembers:
a. Ft. Concho Museum Board: Martha King (SMD2) to an unexpired term January 2014
25. Announcements and consideration of Future Agenda Items
26. Adjournment
Given by order of the City Council and posted in accordance with Title 5, Texas Government Code, Chapter
551, Thursday, May 9, 2013, at 5:00 P.M.
/s/________________________
Alicia Ramirez, City Clerk

CITY COUNCIL MINUTE RECORD
The City of San Angelo Page 465
Tuesday, April 16, 2013 Vol. 104
OPEN SESSION
BE IT REMEMBERED City Council convened in a regular meeting at A.M., Tuesday, Date, 2013, in the San
Angelo McNease Convention Center, 500 Rio Concho Drive, San Angelo, Texas. All dulyauthorized members
of the Council, to-wit:
Mayor, Alvin New
Councilmember Paul Alexander
Councilmember Dwain Morrison
Councilmember Johnny Silvas
Single Member District #4 - Vacant
Councilmember Kendall Hirschfeld
Councilmember Charlotte Farmer
were 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 led
by Brittany Taylor, Grader at Texas Leadership Charter Academy.
PROCLAMATION
“West Texas Genealogy Appreciation Day”, April 26, 2013, Commemoration of the 40th Anniversary, was
accepted by Susan Ball, President San Angelo Genealogical and Historical Society.
PUBLIC COMMENT
Public comments were made by Councilmember Silvas suggesting Council should consider addressing the
future agenda items at the beginning of the meeting. He requested the following future agenda items: staff
update regarding the construction project cliche build up on Avenue P, revisit noise ordinance related to
vehicles, 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 engine
brake (jake brake), specifically along US Hwy 87, and concurred with Councilmember Silvas’ request on the
noise ordinance review.
CONSENT AGENDA
APPROVAL OF THE APRIL 2, 2013 CITY COUNCIL REGULAR MEETING MINUTES
AWARD OF BID(S) AND AUTHORIZATION FOR THE CITY MANAGER OR HIS DESIGNEE TO
EXECUTE ANY NECESSARY RELATED DOCUMENTS:
VM-06-13: Aerial Bucket Truck, National Joint Powers Association (NJPA) purchasing cooperative contract
#060311-All, $94,217.00
VM-07-13: Emergency Vehicle Upfit Equipment, GT Distributors (Austin, TX) Buyboard Contract #363-10,
$54,286.27

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Vol. 104 April 16, 2013
APPROVAL OF MATTERS RELATED TO CFM-02-13 CONSTRUCTION AND FACILITIES
MANAGEMENT JANITORIAL SERVICES:
· ADOPTION OF A RESOLUTION TO AWARD RFB CFM-02-13 CONSTRUCTION AND FACILITIES
MANAGEMENT JANITORIAL SERVICES TO DONNA BARGLEY AND CURTIS E. BARGLEY
D/B/A BARGLEY JANITORIAL SERVICES AND TO AUTHORIZE THE CITY MANAGER TO
EXECUTE A SERVICES AGREEMENT, AND RELATED DOCUMENTS, BETWEEN THE CITY OF
SAN ANGELO AND DONNA BARGLEY AND CURTIS E. BARGLEY D/B/A BARGLEY
JANITORIAL SERVICES IN ACCORDANCE WITH SAID BID AWARD; AND PROVIDING FOR
AN EFFECTIVE DATE (Page 473, #2013-04-055)
MANAGEMENT JANITORIAL SERVICES TO ABM JANITORIAL SERVICE - SOUTH CENTRAL,
INCORPORATED AND TO AUTHORIZE THE CITY MANAGER TO EXECUTE A SERVICES
AGREEMENT, AND RELATED DOCUMENTS, BETWEEN THE CITY OF SAN ANGELO AND
ABM JANITORIAL SERVICE - SOUTH CENTRAL, INCORPORATED IN ACCORDANCE WITH
SAID BID AWARD; AND PROVIDING FOR AN EFFECTIVE DATE (Page 475, #2013-04-056)
MANAGEMENT JANITORIAL SERVICES TO VARSITY CONTRACTORS, INCORPORATED AND
TO AUTHORIZE THE CITY MANAGER TO EXECUTE A JANITORIAL SERVICES AGREEMENT,
AND RELATED DOCUMENTS, BETWEEN THE CITY OF SAN ANGELO AND VARSITY
CONTRACTORS, INCORPORATED IN ACCORDANCE WITH SAID BID AWARD; AND
PROVIDING FOR AN EFFECTIVE DATE (Page 477, #2013-04-057)
AUTHORIZATION FOR THE SALE OF THE FOLLOWING PROPERTIES FOR THE APPRAISED
VALUE AND AUTHORIZATION FOR THE MAYOR, CITY MANAGER, OR WATER UTILITIES
DIRECTOR TO EXECUTE ALL NECESSARY LEGAL DOCUMENTS PERTAINING TO THE SALE OF
SUBJECT PROPERTIES, SUBJECT TO COMPLETION OF ALL CURATIVE REQUIREMENTS:
2810 Red Bluff Road, Lot 18, Group Red Bluff (Benetich),$91,800.00
2165 Gun Club Road, Lot 10, Group 10 (Butts), $88,000.00
ADOPTION OF A RESOLUTION AUTHORIZING THE MAYOR TO EXECUTE A SPECIAL
WARRANTY DEED CONVEYING ALL RIGHT, TITLE AND INTEREST OF THE CITY OF SAN
ANGELO: (Page 479, #2013-04-058)
108 Arlington Street, (Gonzalez), Lots 10 & 11 SAVE & EXCEPT N 65’ & S 20’ , W.E. Phillips, $2,000
ADOPTION OF A RESOLUTION AUTHORIZING THE MAYOR TO EXECUTE A TAX-RESALE
(QUITCLAIM) DEED CONVEYING ALL RIGHT, TITLE AND INTEREST OF THE CITY OF SAN
ANGELO, AND ALL OTHER TAXING UNITS INTERESTED IN THE TAX FORECLOSURE
JUDGMENT: (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, Block
3, 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

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April 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
ADOPTION OF A RESOLUTION AUTHORIZING THE CITY MANAGER TO EXECUTE A SECOND
AMENDMENT TO COMMERCIAL LEASE AGREEMENT WITH LESSEE, LEE BROWN AND GALE
BROWN , D/B/A SPRING CREEK MARINA, AT LAKE NASWORTHY, SPECIFICALLY-DESCRIBING
THE LEASED PREMISES, PROVIDING FOR THE NON-EXCLUSIVE JOINT USE OF CERTAIN AREAS
OF THE LEASED PREMISES, AND REVISING INDEMNIFICATION AND INSURANCE
REQUIREMENTS OF LESSEE (Page 485, #2013-04-060)
ADOPTION OF A RESOLUTION AUTHORIZING THE CITY MANAGER TO EXECUTE A FIRST
AMENDED LEASE AGREEMENT WITH TEXAS SOUTHWEST COUNCIL OF THE BOYS SCOUTS OF
AMERICA, INC, (FORMERLY KNOWN AS CONCHO VALLEY COUNCIL, INC., BOY SCOUTS OF
AMERICA) TO AMEND ORIGINAL LEASE AGREEMENT BETWEEN CITY OF SAN ANGELO AND
CONCHO VALLEY COUNCIL, INC., BOY SCOUTS OF AMERICA, FOR LEASE OF CITY PREMISES
LOCATED 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 FIRST
AMENDMENT TO LAKE NASWORTHY CRUISE BOAT CONCESSION AGREEMENT TO: PROVIDE
FOR A PRORATED CREDIT AGAINST THE ANNUAL FIXED BASE PAYMENT FOR DAYS DURING
A CONTRACT YEAR IN WHICH LAKE LEVEL IS INSUFFICIENT FOR OPERATION OF THE CRUISE
BOAT CONCESSION; CLARIFY THE BEGINNING AND ENDING MONTHS APPLICABLE TO THE
ANNUAL FIXED BASE PAYMENT SCHEDULE; AND DESCRIBE THE CONCESSION PREMISES
(Page 489, #2013-04-062)
ADOPTION OF BY-LAWS FOR THE PARKS AND RECREATION ADVISORY BOARD
ADOPTION OF A RESOLUTION TO APPROVE THE CITY OF SAN ANGELO’S PARTICIPATION IN
THE TEXAS EVENTS TRUST FUND FOR THE NATIONAL REINED COW HORSE ASSOCIATION
2013 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 Rosser
AN ORDINANCE AMENDING CHAPTER 12, EXHIBIT “A” OF THE CODE OF ORDINANCES, CITY
OF SAN ANGELO, TEXAS, WHICH SAID EXHIBIT “A” OF CHAPTER 12 ADOPTS ZONING
REGULATIONS, USE DISTRICTS AND A ZONING MAP, IN ACCORDANCE WITH A
FOLLOWING PROPERTY, TO WIT: 3512 Ben Ficklin Road, located approximately 200 feet east from the
intersection of Ben Ficklin Road and South Bryant Boulevard. This property specifically occupies
approximately 10.8 acres in the southwest portion of a 73.9 acre tract of the E Hermes Survey 0174 Abstract

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Vol. 104 April 16, 2013
0349 in south central San Angelo, as indicated in Exhibit B of this Ordinance, changing the zoning
classification from Ranch & Estate (R&E) to Planned Development (PD) District; PROVIDING FOR
04-065)
Z 13-08: Cho Walker
CITY OF SAN ANGELO, TEXAS, WHICH SAID EXHIBIT “A” OF CHAPTER 12 ADOPTS ZONING
FOLLOWING PROPERTY, TO WIT: 1205 South Jackson Street; located approximately 75 feet southwest
from the intersection at South Jackson Street and West Avenue H. This propertyspecificallyoccupies the South
Heights Addition, Block 6, Lots 2 and 3, in southwest San Angelo, changing the zoning classification from a
Single Family Residential (RS-1) to a Two-Family Residential (RS-2) District; PROVIDING FOR
04-066)
Z 13-09 AKA PD 07-03 (2013 Amendment): Jack Gabriel
FOLLOWING PROPERTY, TO WIT: a 7.938 acres at southwest corner of South Oxford Drive and A&M
Avenue 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 the
operation of a gymnastics academy; PROVIDING FOR SEVERABILITY AND PROVIDING A PENALTY
04-067)
Z 13-10: Mills Development Inc.
FOLLOWING PROPERTY, TO WIT: An unaddressed tract occupying 8.895 acres of the Deaf & Dumb
Asylum Survey Number Two, Abstract 8211. This propertywas annexed into the CityLimits on March 5, 2013
and is directly west from Mills Pass Drive along a proposed extension of Autumwood Trail. This property
specifically occupies a proposed subdivision titled, Prestonwood Addition, Section Two, Block 6, Lots 1-18 and
Prestonwood Addition, Section Two, Block 7, Lots 1-16 in southwest San Angelo, changing the zoning
classification from Ranch & Estate (R&E) to Single-Family Residential (RS-1) District; PROVIDING FOR
Motion, to approve the Consent Agenda, as presented, was made byCouncilmember Morrison and seconded by
Councilmember Hirschfeld. Motion carried unanimously.

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TABLING OF A RECREATIONAL OR AGRICULTURAL LEASE AGREEMENT WITH MK-ALLAN
ENTERPRISES, INC., A TEXAS CORPORATION FOR 9.77 ACRES OF LAND LOCATED ADJACENT
TO THE CONCHO RIVER AND AUTHORIZING THE CITY MANAGER OR WATER UTILITIES
DIRECTOR TO EXECUTE THE SAME
Mayor New suggested the MK-Allen lease agreement be considered in the Regular Agenda and tabled. He
noted the lease is related to a possible future recreational vehicle (RV) park and Council has directed staff and
established a Housing Committee to address issues and concerns dealing with RV parks. He suggested tabling
the item until further research and review by the Housing Committee regarding issues and concerns raised by
staff, the Planning Commission, and the public. Mayor New stated the committee will make their
recommendations pertaining to the regulations, guidelines, and zoning of recreational vehicles and temporary
housing. Council concurred.
Motion, to table the item until appropriate and further guidelines are established by staff and the Housing
Committee pertaining to regulations and zoning of recreational vehicles and temporary housing, was made by
Councilmember Morrison and seconded by Councilmember Hirschfeld. Motion carried unanimously.
REGULAR AGENDA: PUBLIC HEARING AND COMMENT
DISCUSSION AND NO ACTION REGARDING THE ISSUANCE FOR REBATES OF WATER FEES
Assistant City Manager/Chief Financial Officer Michael Dane presented background information. A copy of the
presentation 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 the
customer service online access software. He expressed concerns that the Council approved funds for these types
of expenditures; however, staff does not recommend a rebate for the customers. He again suggested City
Council conduct a full audit of the Water Utilities Department.
Responding to a question from Councilmember Silvas, Mr. Dane explained when establishing the 75-dayfund
balance goal, staff takes into consideration the number of days the City can survive with zero income and still
pay 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. By
resolution, he noted the City adopted a 75-day goal plan to accumulate the fund balance. Mr. Dane reported the
standard is 90 days, but the City Council may adjust the number of days based on excess or positive fund
experience.
Councilmember Alexander recalled the recent expenditures and spoke in support of the various utility services
authorized by City Council to provide customers the tools for better improved customer service within the Water
Utility Department.
In conclusion, the majority of City Council concurred with staff’s recommendation.
DISCUSSION AND UPDATE ON CURRENT WATER SUPPLY
Water Utilities Director Ricky Dickson presented background information. He reported the current water level
is at 18.2 months supply. Mr. Dickson noted unless the City receives substantial rainfall, we may lose
approximately 1300 acre feet before going into Drought Stage Level II (DLII). He informed staff will present a
resolution soon to City Council to activate DLII. Mr. Dickson also informed staff is transferring the water from
Twin Buttes’ south pool to the north pool. General discussion was held on holding the water level within Lake
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Responding to a question from Councilmember Silvas, Mr. Dickson stated staff does not have a wayto measure
the water lost due to a major water break.
DISCUSSION OF LATE FEES ASSOCIATED WITH DELINQUENT WATER UTILITY STATEMENTS
Water 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’s
invoice, the 28-day invoice due date for a customer to pay their invoice, and the policy of accessing a late fee
after 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 service
pick up of the monies; however, staff will work with any customer should they pay their utility bill after the
deadline.
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 Michael
Dane explained a late fee is generated based on the balance after the 28th
day on an account. In other words, if a
balance 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 system
does 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 suggested
a 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 are
accessed 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 total
amount 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 fee
concept, 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 MATTERS
City Clerk Alicia Ramirez presented background information. Ms. Ramirez informed the Council the board
meeting cancelations were mainly attributed to either board member’s excused absence, lack of agenda items, or
in some instances, the lack of a quorum. She suggested staff liaison and board members should consider
conducting 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 better
coordinate the presentation of requested action on a particular item with the CityCouncil meetings, specificallyif a
proponent is seeking approval to move forward with their projectand such cancelationsof the board or commission
may cause an undue burden to the proponent’s project timeline. Councilmember Hirschfeld concurred.

Minutes Page 471
April 16, 2013 Vol. 104
Responding to a question from Mayor New, Ms. Ramirez informed there have been no instances in which the
full board was not able to meet as opposed to only a few members when obtaining a quorum of the board. She
added she has been actively recruiting volunteers to serve on the various boards; however, the process and
response has been stagnant. She noted she has been working with the Public Information Officer and has made
several media presentations.
Councilmember Alexander spoke in support of and commented on the importance of the board and commission
joint meetings with City Council.
Public comment was made by Citizen Jim Turner.
RECESS
At 10:17 A.M., Mayor New called a recess.
RECONVENE
At 10:31 A.M., Council reconvened, and the following business was transacted:
EXECUTIVE/CLOSED SESSION
At 10:31 A.M., Council convened in Executive Session under the provision of Government Code, Title 5. Open
Government; Ethics, Subtitle A. Open Government, Chapter 551. Open Meetings, Subchapter D. Exceptions to
Requirement that Meetings be Open, Section 551.072 to deliberate the purchase, exchange, lease, or value of
real property; and, Section 551.087 to discuss an offer of financial or other incentive to a companyor companies
with whom the City of San Angelo is conducting economic development negotiations and which the Cityof San
Angelo seeks to have, locate, stay or expand in San Angelo.
RECESS
At 11:28 A.M., Mayor New called a recess.
RECONVENE
At 11:39 A.M., Council reconvened, and the following business was transacted:
FOLLOW UP AND ADMINISTRATIVE ISSUES
CONSIDERATION OF MATTERS DISCUSSED IN EXECUTIVE/CLOSED SESSION
No 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 2014
Motion, to approve the board nominations by Council and designated Councilmembers, was made by
Councilmember Silvas and seconded by Councilmember Hirschfeld. Motion carried unanimously.
APPROVAL OF THE CIVIL SERVICE COMMISSION NOMINATION, RAUL LOPEZ, BY CITY
MANAGER AND APPROVAL BY CITY COUNCIL
Motion, to approve the nomination, as presented, was made by Councilmember Hirschfeld and seconded by
Councilmember Silvas. Motion carried unanimously.
ANNOUNCEMENTS AND CONSIDERATION OF FUTURE AGENDA ITEMS
City Manager Daniel Valenzuela distributed the proposed May7, 2013 Agenda and solicited Council comments
and suggestions.

Minutes
Vol. 104 April 16, 2013
Councilmember 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 project
Councilmember Hirschfeld announced he would not be in attendance for May 7th meeting. Mayor New
suggested rescheduling the meeting for April 30th
or May 14th
. (The meeting was scheduled for May 14th
)
Councilmember Hirschfeld commented on the recent board consolidation of the Design and Historic Review
Commission and the result of the expanded the district. He noted the expansion of the districts have caused
issues for existing businesses. Mayor New suggested staff and the board should dissect the boundaries and
determine whether the issue is related to either the river corridor or historic boundary. Assistant City
Manager/Chief Financial Officer Michael Dane noted staff will also consider issues presented to staff.
Public comment was made by Citizen Jamil Tabor.
ADJOURNMENT
Motion, 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, Mayor
ATTEST:
_______________________________
In accordance with Chapter 2, Article 2.300, of the Official Code of the City of San Angelo, the minutes of this
meeting consist of the preceding Minute Record and the Supplemental Minute Record. Details on Council
meetings may be obtained from the City Clerk’s Office or a video of the entire meeting may be purchased from
the Public Information Officer at 481-2727. (Portions of the Supplemental Minute Record video tape recording
may be distorted due to equipment malfunction or other uncontrollable factors.)

City of San Angelo
Memo
Date: April 12, 2013
To: Mayor and Councilmembers
From: Ricky Dickson, Water Utilities Director
Subject: Agenda Item for May 7, 2013 Council Meeting
Contact: Ricky Dickson; 657-4209
Caption: Consent Item
Consideration of awarding RFB WU-07-13 Polymer bid to Chameleon
Industries, Inc. (Mesquite, Tx) in the amount of $91,800.00 for polymer
coagulant 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 drinking
water in the City’s plant. This treatment chemical helps to reduce the amount of
primary coagulant required, helps to create heavier flocs and helps to reduce
organic compounds.
Financial Impact: Total estimated annual expenditure of $91,800.00. Budgeted within the Water
Treatment Plant Operating Budget.
Related Vision Item
(if applicable):
na
Other Information/
Recommendation:
Staff recommends the bids be accepted and the City Manager be authorized to
execute the contract documents.
Attachments: Bid Tabulation
Presentation: None.
Publication: None.
Reviewed by
Director:
Ricky Dickson, Water Utilities Director; 657-4209
Approved by Legal:

Y:13-RFXWater UtilitiesWU0713 Polymer 4-9-13WU-07-13 Polymer Bid Tabulation
QTY
(Wet Tons)
1 Water Production - Polymer 60 1,700.00$ 102,000.00$ 1,530.00$ 91,800.00$
Delivery Days (Calendar Days)
Payment Discount
RFB's Sent To:
Example Waterworks, Inc San Angelo TX
Kemira Lawrence KS
Chameleon Mesquite TX
Altivia Houston TX
Omni Water Consultants, Inc. Vinita OK
SNF Polydyne Inc. Riceboro GA
Ashland Inc. Covington KY
Southern Ionics West Point MS
Brenntag Southwest Houston TX
Brenntag MidSouth (Bought
out Altivia)
Henderson KY
CITY OF SAN ANGELO
NA
Item
Item Description Price/Ton Extended
BID TAB
RFB: WU-07-13-Polymer/April 9, 2013
SNF Polydyne
Price/Ton ExtendedPrice/Ton Extended
Brenntag Southwest Inc. Chameleon Industries Inc.
NO BID
None
3-5 3
None None

City of San Angelo
Memo
Date: April 16, 2013
Contact: Ricky Dickson, Water Utilities Director, 657-4209
Consideration of authorizing the sale of the following residential properties for the
appraised value and authorizing the Mayor, City Manager, or Water Utilities
Director to execute all necessary legal documents pertaining to the sale of subject
properties, subject to completion of all curative requirements.
Summary: James and Pernicia Marks 1932 Shady Point Circle Drive
Lot 52, Group Shady Point $86,095
John Matthews 2658 Kings Road
Lot 49, Group Fishermans Road $101,314
Nicholas and Meredith Povec 2690 Sleepy Hollow Road
Lot 57, Group Fishermans Road $90,647
Russell and Kristie Reed 1604 Shady Point Circle Drive
Lot 58-B, Group Shady Point $25,172
Edward and Monica Richmond 1601 Shady Point Circle Drive
Lot 123-A, Group Shady Point $23,101
Richard and Stacy Johnson 2005 Beaty Circle
Lot 10-A, Group 1 $77,811
History: None.
Financial Impact: Proceeds from the sale of lake lots go into the Lake Nasworthy Trust Fund.
Related Vision Item (if applicable): None.
Other Information/Recommendation: If the sales are approved at the appraised value, a title
examination will be performed and legal staff will prepare a Real Estate Contract of Sale, Special
Warranty Deed and Surrender of Lease, as previously approved by City Council.
Staff recommends approval.

Attachments: Appraisal Reports: Marks, Matthews, Povec, Reed, Richmond, & Johnson
Presentation: None.
Publication: None.
Reviewed by Service Area Director: Ricky Dickson, Water Utilities Director, April 16, 2013.

City of San Angelo
Memo
Date: May 1, 2013
Subject: Consent Item for May 14, 2013 Council Meeting
Contact: Ricky Dickson, Water Utilities Director, 657-4209
Caption: Consideration of approving a residential lease renewal with Rodney Simpson, at Lot
19, Group 2, 2029 American Legion, and Ebba Furlong, at Lot 1, Group 16, 2262 Joy Road and
authorizing the Water Utilities Director to execute the same.
Summary: The current lease for Rodney Simpson expires in 2018 and the lease for Ebba Furlong
expires 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 Simpson
2018 Market Value
New lease fees: 2013 $683.00
2014-2017 $820.00
2018-2052 Market Value
Current lease fees: 2013-2016 $364.00 Ebba Furlong
2017-21021 $408.00
New lease fees: 2013-2016 $364.00
2017-2021 $408.00
2022-2052 Market Value
Related Vision Item (if applicable): None.
Other Information/Recommendation: It is recommended that the lease renewals be approved
and the Water Utilities Director be authorized to execute the lease. Staff recommends approval.
Attachments: Lease Renewal Agreement (Rodney Simpson); (Ebba Furlong)

Presentation: None.
Publication: None.
Reviewed by Service Area Director: Ricky Dickson, Water Utilities Director, May 1, 2013.

1
LAKE NASWORTHY RESIDENTIAL LOT LEASE
This lease is made and entered into by and between the CITY OF SAN ANGELO, a
Texas municipal corporation, ("Lessor"), whose address is 72 W. College Ave., San Angelo,
Tom Green County, Texas 76903, and Ebba Furlong whose address is 2262 Joy Road, San
Angelo, Texas 76904, ("Lessee").
I. DEMISE OF LEASED PREMISES
1.1 In consideration of the mutual covenants, conditions and agreements set forth in this
lease, Lessor hereby demises and leases to Lessee, and Lessee hereby accepts and leases from
Lessor, the following described real property (hereinafter called "leased premises") situated in
San Angelo, Tom Green County, Texas:
Lot 1, Group 16, Lake Nasworthy Addition, according to the map
or plat of said Lake Nasworthy Campsites in the custody of the
Water Utilities Department of the City of San Angelo (also
commonly known as 2262 Joy Road).
II. TERM, FEES AND RENT
FIXED COMMENCEMENT AND TERMINATION DATE
2.1 This lease is granted for a period of forty (40) years having an effective date beginning
May 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, and
the further consideration of Lessee's payment of future annual rent in accordance with
subsequent paragraphs hereof and Lessee's compliance with the stipulations and conditions
hereinafter set forth.
TIME AND MANNER OF PAYMENT
2.2 Lessee shall pay annual rent to Lessor at the San Angelo Water Utilities Department, 72
W. College, San Angelo, Texas, 76903, or at such other place as Lessor may from time to time
designate by written notice to Lessee. Such rent shall be paid annually on or before October 1
during the term of this lease in accordance with the following schedule:
Dates Annual Rent
For the Years 2013 Through 2016 $364.00
For the Years 2017
For the Years 2022
Through 2021
Through 2052
$408.00
$ Market Value*

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* Annual rent shall be the appraised market value of the leased premises multiplied by a factor of
0.08. Such appraised market value shall be determined and adjusted in accordance with
applicable City ordinances in effect at the time of execution of this lease.
DELINQUENT PAYMENTS
2.3 Lessee shall pay to Lessor a late charge or interest for any rent received by Lessor after
the date that the rent is due in accordance with established ordinances, provided however, that
this provision for late charges or interest shall not be construed as a waiver of the right of Lessor
to terminate this lease at its option as authorized herein.
HOLD OVER
2.4 Any holding over by Lessee of the herein leased premises after the expiration of this
lease shall operate and be construed only as a tenancy from month to month, terminable at the
will of Lessor.
III. DEBTS RELATED TO LEASED PREMISES
UTILITIES
3.1 Any utility charges shall be paid in full by Lessee when due. Failure to pay such
charges may be deemed a default at the option of Lessor.
TAXES
3.2 It is further understood and agreed that Lessee shall pay and discharge all taxes, general
and special assessments, and other charges of every description which during the term of this
lease may be levied on or assessed against the leased premises and all interest therein and all
improvements and other property thereon, whether belonging to Lessor or Leaser to which either
of them may become liable. Lessee shall pay all such taxes, charges, and assessments to the
public officer charged with the collection thereof not less than fifteen (15) days before the same
shall become delinquent, and Lessee agrees to indemnify and save harmless Lessor from all such
taxes, charges and assessments. Failure to pay such taxes and special assessments as provided
herein may be deemed a default at the option of Lessor.
WATER, SEWAGE, PAVING IMPROVEMENTS
3.3 In the event the Lessor lays sewer and/or water lines on, adjacent to or in the vicinity of
the leased premises, Lessee agrees to pay the pro rata front-foot cost of laying said line or lines
as established by and in accordance with city policies then in existence.
3.4 Lessee expressly agrees that if city water or sewer lines are ever located within 200 feet
of the leased premises, Lessee will tie on to such service at its own expense at the price
established for that specific Lake Nasworthy area.

3
3.5 In the event the Lessor institutes a paving program abutting the leased premises, Lessee
shall pay his pro rata share of paving, curb and gutter costs pursuant to prevailing city policies.
IV. RULES AND REGULATIONS
4.1 The rules and regulations provided in those certain ordinances of the City Council of the
City of San Angelo, ("Council"), adopted April 2, 1951, and now known as the Lake
Nasworthy-Twin Buttes Ordinances and any and all subsequent amendments adopted heretofore
or hereafter are expressly incorporated herein by reference as terms and conditions of this lease.
This lease is expressly made subject to any ordinances adopted in the future by the Council for
the regulation of Lake Nasworthy and surrounding property, including but not limited to, safety,
sanitation, and ecological requirements. This lease will be managed by the Water Utilities
Department of the City of San Angelo subject to the approval of the Council.
V. USE OF LEASED PREMISES
CONSTRUCTION BY LESSEE
5.1 The premises shall be used only for a single family residence and lawful uses incidental
thereto, and in this connection the following shall be applicable:
a. No structure shall be constructed in excess of two stories in height.
b. No dwelling or residence shall be located nearer than 75 feet to the 1,872.2 foot
elevation line.
c. No housetrailer, shack, tent, or temporary residence of any type shall be permitted on
the leased premises, and no garage or other accessory building shall be used as a
residence.
d. All structures shall have a foundation that complies with Lessor's building code.
e. No outside toilets shall be constructed or maintained on leased premises, and all
plumbing shall be connected with a sanitary sewer or with a septic tank which complies
in all respects to all state, county and city sanitation regulations and requirements. No
septic tank shall be placed, constructed, or maintained nearer than 75 feet to the 1,872.2
foot elevation line nor nearer than five (5) feet to any property line. All wastewater
facilities shall conform to all of the City's wastewater ordinances, where applicable. No
sewer or drain shall empty into the lake or be constructed so as to flow or wash into the
lake. No concrete storm drains may be constructed without the prior approval of the
Water Utilities Department, Zoning Board of Adjustment, Planning Commission and/or
Council, as applicable.
f. No structure shall be constructed closer than five (5) feet to any property line.

4
g. No trees may be removed from the leased premises without the prior written consent of
the Water Utilities Director.
h. No improvements or construction work of any kind, including but not limited to,
houses, boathouses, piers, pump houses, water wells, storage buildings, fences,
excavations, fills, and other types of structures or improvements, shall be built or
performed on leased premises without prior approval of the Water Utilities Department,
Zoning Board of Adjustment, Planning Commission and/or Council, as applicable.
i. Lessee agrees to comply with all provisions of the Official Code of the City of San
Angelo ("Code"), as such now exists or may hereafter be amended including, but not
limited to, those provisions regarding building permits and permit fees; inspections and
fees therefore; building, plumbing, electrical, and fire standards or requirements; and the
regulation of septic tanks.
j. After any permit is granted, Lessee expressly agrees that all improvements or
construction work shall be built or performed in strict compliance with the terms of the
permit and approval granted, that construction shall commence within six (6) months
following the date of the permit, and that all construction shall be completed within one
(1) year of the date of the permit.
k. Lessee may request from the Council a variance or deviation from any term or
condition contained herein.
l. The Council, prior to granting any extension of an existing lease or a new lease
covering the leased premises shall have the right to review the leased premises and
improvements thereon and submit in writing to the Lessee the requirements, if any, which
shall attach to and become a part of this lease, necessary for compliance with the
above-mentioned provisions of the Code. Failure of the Lessee to abide by and comply
with said requirements may be deemd a default at the option of Lessor.
RESERVATIONS AND EASEMENTS
5.2 Lessor, its agents or assigns, reserves the privilege and right at any time to execute and
deliver valid oil, gas and other mineral leases upon the leased premises, and valid right-of-way
easements for gas, oil, water, or wastewater pipelines, telephone, telegraph or electric pole
transmission lines on said premises, or any part thereof, and in such event this lease shall be
subject and subordinate to the rights, terms and privileges of any such oil, gas and other mineral
leases or such easements as may have been executed heretofore or hereafter by Lessor, its agents
or assigns. An easement across leased premises is hereby retained by Lessor for the purpose of
laying sewer and water lines and/or for necessary rights-of-way for roads, alleys or other
throughways.
VI. ENCUMBRANCE OF LEASEHOLD ESTATE
ENCUMBERING LEASEHOLD INTEREST ONLY

5
6.1 Lessee shall not have the right to encumber the fee simple, but Lessee may request
Lessor's written consent (pursuant to article XII of this lease) to encumber the leasehold estate,
personal property or improvements made by Lessee which may be removed from the realty
without injury to the realty; provided however, that no mortgagee nor anyone who claims by,
through or under such mortgage or deed of trust shall, by virtue of such mortgage or deed trust,
acquire any greater or more extended rights than Lessee has under this lease but such mortgage
or deed of trust shall be in every respect subject, subservient and subordinate to all of the
conditions, provisions, requirements, covenants and obligations of this lease. The mortgagee
under any such deed of trust or mortgage shall have the right to assume this lease and perform its
terms and conditions to protect itself.
NOTICES TO LENDER
6.2 Any lender or mortgagee may notify Lessor in writing that a mortgage or deed of trust
has been given and executed by Lessee and furnish Lessor with the address to which it desires
copies of notices to be mailed. Lessor agrees to mail to lender or mortgagee or its designated
agent or representative, at the address given, a copy of any notice which Lessor gives, mails, or
serves on Lessee under the terms of this lease after receipt of such a notice from the lender or
mortgagee.
VII. CONDITION OF PREMISES
NO WARRANTY
7.1 LESSOR GIVES NO WARRANTY, EXPRESS OR IMPLIED, AS TO THE
CONDITION OF THE LEASED PREMISES OR ANY IMPROVEMENTS THEREON,
INCLUDING WARRANTY OF HABITABILITY OR FITNESS FOR A PARTICULAR USE.
AVAILABILITY AND USE OF LAKE WATER
7.2 Lessor in no way guarantees the accessibility of water to the leased premises nor the level
of water in Lake Nasworthy.
Lessee can use water from the lake, river, and/or wells on the premises for domestic
purposes and water of existing trees and shrubs; but no water will be removed from the premises.
Use of water for irrigation is expressly prohibited. Lessee shall use water in a conservative
manner, and any abusive use of water shall be grounds for denying the use of water to the
Lessee. Lessee shall pay the applicable water use charge as set by the Lessor, for water or raw
water usage, as the case may be.
VIII. REPAIRS AND MAINTENANCE
LESSEE'S DUTY TO REPAIR AND MAINTAIN

6
8.1 Lessee agrees to keep and maintain any and all structures erected or caused to be erected
or placed on the leased premises in good and tenantable condition, to maintain its appearance,
and to landscape and keep said premises cleared of all objectionable matter, things, and
vegetation. Leased premises shall not be used for the outside storage of usable materials for
unreasonable lengths of time. In the event Lessee shall fail to maintain leased premises in a
manner acceptable to Lessor, after notice to Lessee as prescribed by city ordinance, the Lessor
shall cause leased premises to be cleaned, cleared, and mowed. Lessee expressly authorizes the
cost of any such clearing, cleaning, and mowing to be billed to it or added to the next annual
rental payment, with interest at the rate of ten percent (10%) per annum beginning thirty (30)
days from the date on which the work was completed, and continuing until such cost is paid in
full.
DAMAGE OR DESTRUCTION
8.2 The parties hereto acknowledge that the leased premises are within an area subject to
overflow and flooding and it is expressly agreed between the parties that neither Lessor nor any
of its agents or employees shall be liable to Lessee for any damages caused in any manner,
negligent or otherwise, by high water or floods at Lake Nasworthy, nor by the rivers or creeks
which serve as its sources of supply or diversion channels, nor by reason of any work deemed
necessary in Lessor's sole judgment in the maintenance of said Lake and sources of supply or
diversion channels and all damages occasioned thereby are hereby waived, and when Lessor (or
any agent thereof) deems it necessary to enter on the leased premises for any of the above
purposes, its judgment shall be conclusive.
IX. SUSPENSION OF PRIVILEGES
HEALTH MATTERS
9.1 It is expressly understood and agreed that Lessor may at any time, without notice to
Lessee or any mortgagee, suspend or revoke any and all privileges granted herein for such length
of time as in its sole judgment is necessary for the purpose of suppressing or arresting an
epidemic of any contagious or infectious disease, or when, in its sole judgment, any suspension
of privileges is necessary to protect the health of the water consumers of San Angelo, Texas. In
the event privileges are suspended by Lessor, rent shall be prorated; and if the lease is revoked,
Lessor shall pay Lessee an amount equal to the market value of any structures or improvements
hereto made or erected on leased premises in compliance with the terms of this lease.
PUBLIC PURPOSES
9.2 If Lessor shall deem that leased premises are required for any public purpose or that
condemnation is necessary, Lessor shall have the right to terminate this lease by giving ninety
(90) days written notice of such termination to Lessee and any mortgagee who has notified the
Water Utilities Department of its lien and its address for notice purposes; and Lessee agrees to
promptly deliver possession of leased premises to Lessor; and this lease shall terminate upon the
expiration of ninety (90)days after the date of such notice; and in such event Lessor shall pay

7
Lessee an amount equal to the market value of any structures or improvements hereto made or
erected on leased premises in compliance with the terms of this lease.
X. RELEASE
10.1 Lessee expressly releases Lessor, its officers, agents, and employees from any and all
claims for damages of any kind by reason of the condition of the premises hereby leased, or any
improvements thereon or any damages incurred in the enjoyment or exercise of the privileges
granted hereunder, or for damage to its person or property caused by the opening of the gates at
Nasworthy Dam, the lowering of the normal water elevation in the lake, or due to flood or high
water, or any fluctuating water levels which may arise in the use and operation of Lake
Nasworthy, or in the joint use and operation of Lake Nasworthy, San Angelo Reservoir, and
Twin Buttes Reservoir for the purposes of recreation, irrigation, and water supply, or for any
other purpose.
XI. INDEMNIFICATION
11.1 LESSEE FURTHER AGREES FOR LESSEE AND LESSEE’SSUCCESORS IN
INTEREST TO INDEMNIFY AND HOLD LESSOR, ITS OFFICERS, AGENTS, AND
EMPLOYEES, FREE AND HARMLESS FROM ANY CLAIMS FOR DAMAGES OR
INJURY, INCLUDING DEATH, TO PERSONS OR PROPERTY, OR ANY LIABILITY
INCURRED AS A RESULT OF THE EXERCISE OF THE PRIVILEGES CONFERRED BY
THIS LEASE, AND AGREES TO REIMBURSE LESSOR FOR ANY EXPENSES
INCURRED IN THE DEFENSE OF ANY SUCH CLAIM, INCLUDING REASONABLE
ATTORNEY'S FEES AND COURT COSTS ACTUALLY INCURRED. NOTHING HEREIN
SHALL REQUIRE THE INDEMNIFYING PARTY TO INDEMNIFY, DEFEND OR
HOLDHARMLESS ANY INDEMNIFIED PARTY FOR THE INDEMNIFIED PARTY’S
OWN GROSS NEGLIGENCE OR WILLFUL MISCONDUCT. THIS INDEMNIFICATION
SHALL SURVIVE THE TERM OF THIS LEASE AS LONG AS ANY LIABILITY COULD
BE ASSERTED.
XII. TRANSFER, ASSIGNMENT, AND SUBLETTING
12.1 Lessee may not transfer or assign the leased premises, in whole or in part, without the
prior written consent of the Lessor, which consent will not be unreasonably withheld. Lessee
may not sublet the leased premises, in whole or in part, without the prior written consent of the
Lessor. Any such transfer, assignment or sublease shall be evidenced in writing, properly
executed and acknowledged by both parties thereto; a copy shall be delivered to Lessor and the
original shall be recorded in the office of the County Clerk of Tom Green County, Texas. It is
agreed, however, that each such transfer, assignment or sublease shall bind the transferee,
assignee or sublessee to the obligations of Lessee to Lessor as set forth in this lease and shall not
release Lessee from Lessee's obligations under the lease.
XIII. DEFAULT AND REMEDIES
DEFAULT

8
13.1 (a) Any breach of this lease by Lessee, other than the non-payment of rent, may result in
irreparable damage to Lessor for which Lessor will not have an adequate remedy at law. If
Lessee should default with respect to any of its obligations hereunder except with respect to the
non-payment of rent, and should fail within 60 days after written notice of such default from the
Lessor to cure such default, then Lessee agrees that that Lessor shall be entitled to immediately
seek 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, should
Lessee violate any provision of this Lease, other than the non-payment of rent, and fail or refuse
to cure such violation within 60 days after written notice of such default from Lessor, then
Lessor or Lessor’s agents may enter the premises as reasonably necessary to perform the work
required as determined by Lessor to cure the default and the costs thereof shall be deemed to be
additional rent, immediately due and payable upon written notice to Lessee of the sum of
expenses, costs, and fees so incurred by Lessor, including an assessment for the cost related to
Lessor’s employee time in curing the default, if any. LESSEE HEREBY WAIVES ANY
CLAIM FOR TRESSPASS OR DAMAGES RELATING TO LESSOR OR LESSOR’S
AGENTS OR EMPLOYEES ENTRY ONTO THE LEASEHOLD PREMISES PURSUANT TO
THE PROVSIONS OF THIS LEASE.
(c) A breach of this lease by Lessee for non-payment of rent shall result in termination of
this lease should Lessee within 60 days after written notice of default setting forth the amount
past due fail to cure such default by making payment of the full amount due Lessor.
POSSESSION
13.2 Lessee agrees at the termination of this lease to deliver possession peacefully to the
Lessor or its agents or employees; and if it fails to give peaceful possession, Lessor may take
forceful possession of said premises and eject all parties therefrom without being guilty of
trespass; and all damages occasioned thereby are hereby waived.
REMOVAL OF IMPROVEMENTS
13.3 All buildings and other improvements placed on the property by Lessee (except trees,
shrubs, flowers and plants) which may be removed without injury to the realty shall remain the
property of Lessee. It is understood and agreed, however, that buildings and improvements shall
be held by the Lessor until all rentals due Lessor by Lessee shall have been paid, and should any
amount remain unpaid for more than thirty (30) days after termination of this lease, the Lessor
shall have the right to sell such buildings and improvements and apply the proceeds to the
amount due Lessor, with interest at the annual rate of ten percent (10%), and to any costs
incident to the sale, and pay the balance remaining, if any, to Lessee. All property remaining on
the premises after the expiration of ninety (90) days following the termination of this lease,
however terminated, shall be deemed abandoned by Lessee and shall become the property of
Lessor.

9
OTHER REMEDIES
13.4 (a) Any termination of this lease shall not relieve Lessee from the payment of any sum or
sums that are due and payable to Lessor under the lease, or any claim for damages then or
previously accruing against Lessee under this lease, and any such termination shall not prevent
Lessor from enforcing the payment of any such sum or sums or claim for damages by any
remedy provided for by law, or from recovering damages from Lessee for any default under the
lease. All rights, options, and remedies of Lessor contained in this lease shall be construed and
held to be cumulative, and no one of them shall be exclusive of the other, and Lessor shall have
the right to pursue any one or all of such remedies or any other remedy or relief which may be
provided by law, whether or not stated in this lease. No waiver by Lessor of a breach of any of
the covenants, conditions, or restrictions of this lease shall be construed or held to be a waiver of
any succeeding or preceding breach of the same or any other covenant, condition, or restriction
contained in this lease.
(b) The remedies provided herein shall not be exclusive of other remedies. A failure by
the Lessor to take action on any past violation shall not constitute a waiver of the Lessor’s right
to take action on any subsequent violation.
XIV. MISCELLANEOUS
RELATIONSHIP OF LESSOR AND LESSEE
14.1 The relationship between Lessor and Lessee at all times shall remain solely that of
landlord and tenant and shall not be deemed a partnership or joint venture.
PARTIES BOUND
14.2 This agreement shall be binding upon and inure to the benefit of the parties of the lease
and their respective heirs, executors, administrators, legal representatives, successors and
assigns.
HEADINGS
14.3 The paragraph headings contained herein are for convenience and reference and are not
intended to define, extend or limit the scope of any provisions of this lease.
SUPERSEDES PRIOR AGREEMENTS
14.4 If this lease replaces another lease, all prior agreements are superseded by this lease.
ENTIRE AGREEMENT/AMENDMENTS
14.5 This lease constitutes the entire agreement between the parties, and Lessor is not bound
by any agreement, condition or stipulation, understanding or representation made by any of

10
Lessor’s agents not contained herein. No amendment to this lease shall be effective unless such
is in writing and signed by both parties.
VIOLATIONS OF LEASE
14.6 IT IS FURTHER UNDERSTOOD AND AGREED BETWEEN THE PARTIES THAT
THE VIOLATION OF ANY TERM, STIPULATION, CONDITION, OR COVENANT,
SHALL ENTITLE THE LESSOR, AT ITS OPTION, TO TERMINATE THIS LEASE.
FAILURE TO EXERCISE SUCH OPTION AT ANY TIME SHALL NEVER BE
CONSTRUED AS A WAIVER OF ANY CONDITION OF THIS LEASE.
TEXAS LAW TO APPLY
14.7 The parties hereby agree that Texas law will control the interpretation or enforcement of
this lease. This lease has been executed in Texas, and all obligations hereunder are performable
in Tom Green County, Texas.
INVALID OR ILLEGAL PROVISIONS
14.8 If any provision of this lease is held invalid as to any person or set of circumstances, such
holding shall not affect the validity of any remaining provision of this lease or any provision’s
application to other persons not similarly situated or to other circumstances.
REIMBURSEMENT OF LESSOR’S EXPENSES
14.9 Lessee shall pay on demand all of Lessor’s expenses including, but not limited to,
attorney’s fees and court costs incurred in enforcing any of Lessee’s obligations under this lease,
which include, but are not limited to, collection of rental fees and collection of utility payments,
taxes and other legitimate assessments.
NOTICES
14.9 All notices concerning this lease shall be in writing and delivered to the parties at the
addresses below:
LESSEE: Ebba Furlong
2262 Joy Road
San Angelo, Texas 76904
LESSOR: City of San Angelo
Attn: Water Utilities Director
72 W. College
[SIGNATURE PAGE TO FOLLOW]

11
EXECUTED in duplicate originals on the _____day of _____________________, 2012
by:
LESSEE
Ebba Furlong
STATE OF TEXAS §
COUNTY OF TOM GREEN §
This instrument was acknowledged before me on the _____day of ________________,
20____ by Ebba Furlong.
Notary Public, State of Texas
CITY OF SAN ANGELO, LESSOR
BY:
Ricky Dickson, Director
Water Utilities Department
STATE OF TEXAS §
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 home
rule municipal corporation, on behalf of said corporation.

LAKE NASWORTHY RESIDENTIAL LOT LEASE
This lease is made and entered into by and between the CITY OF SAN
ANGELO, a Texas municipal corporation, ("Lessor"), whose address is 72 W. College
Avenue, San Angelo, Tom Green County, Texas 76903, and Rodney Simpson whose
address is 2029 American Legion Road, San Angelo, Texas 76904.
I. DEMISE OF LEASED PREMISES
1.1 In consideration of the mutual covenants, conditions and agreements set forth in
this lease, Lessor hereby demises and leases to Lessee, and Lessee hereby accepts
and leases from Lessor, the following described real property (hereinafter called "leased
premises") situated in San Angelo, Tom Green County, Texas:
Lot 19, Group 2, Lake Nasworthy Addition, according to the
map or plat of said Lake Nasworthy Campsites in the
custody of the Water Utilities Department of the City of San
Angelo (also commonly known as 2029 American Legion
Road ).
II. TERM, FEES AND RENT
FIXED COMMENCEMENT AND TERMINATION DATE
2.1 This lease is granted for a period of forty (40) years beginning May 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, and the
further consideration of Lessee's payment of future annual rent in accordance with
subsequent paragraphs hereof and Lessee's compliance with the stipulations and
conditions hereinafter set forth.
TIME AND MANNER OF PAYMENT
2.2 Lessee shall pay annual rent to Lessor at the San Angelo Water Utilities
Department, 72 W. College Avenue, San Angelo, Texas, 76903, or at such other place
as Lessor may from time to time designate by written notice to Lessee. Such rent shall
be paid annually on or before May 1 during the term of this lease in accordance with the
following schedule:
Dates Annual Rent
For the Years 2013 Through $683.00
For the Years 2014 Through 2017 $820.00

For the Years 2018 Through 2052 Market Value *
* Annual rent shall be the appraised market value of the leased premises multiplied by a
factor of 0.08. Such appraised market value shall be determined and adjusted in
accordance with applicable City ordinances in effect at the time of execution of this
lease.
DELINQUENT PAYMENTS
2.3 Lessee shall pay to Lessor a late charge or interest for any rent received by
Lessor after the date that the rent is due in accordance with established ordinances,
provided however, that this provision for late charges or interest shall not be construed
as a waiver of the right of Lessor to terminate this lease at its option as authorized
herein.
HOLD OVER
2.4 Any holding over by Lessee of the herein leased premises after the expiration of
this lease shall operate and be construed only as a tenancy from month to month,
terminable at the will of Lessor.
III. DEBTS RELATED TO LEASED PREMISES
UTILITIES
3.1 Any utility charges shall be paid in full by Lessee when due. Failure to pay such
charges shall, at the option of Lessor, result in forfeiture of this lease.
TAXES
3.2 It is further understood and agreed that Lessee shall pay and discharge all taxes,
general and special assessments, and other charges of every description which during
the term of this lease may be levied on or assessed against the leased premises and all
interest therein and all improvements and other property thereon, whether belonging to
Lessor or Leaser to which either of them may become liable. Lessee shall pay all such
taxes, charges, and assessments to the public officer charged with the collection thereof
not less than fifteen (15) days before the same shall become delinquent, and Lessee
agrees to indemnify and save harmless Lessor from all such taxes, charges and
assessments. Failure to pay such taxes and special assessments as provided herein
shall, at the option of Lessor, result in forfeiture of this lease.
WATER, SEWAGE, PAVING IMPROVEMENTS
3.3 In the event the Lessor lays sewer and/or water lines on, adjacent to or in the
vicinity of the leased premises, Lessee agrees to pay the pro rata front-foot cost of

laying said line or lines as established by and in accordance with city policies then in
existence.
3.4 Lessee expressly agrees that if city water or sewer lines are ever located within
200 feet of the leased premises, Lessee will tie on to such service at its own expense at
the price established for that specific Lake Nasworthy area.
3.5 In the event the Lessor institutes a paving program abutting the leased premises,
Lessee shall pay his pro rata share of paving, curb and gutter costs pursuant to
prevailing city policies.
IV. RULES AND REGULATIONS
4.1 The rules and regulations provided in those certain ordinances of the City
Council of the City of San Angelo, ("Council"), adopted April 2, 1951, and now known as
the Lake Nasworthy-Twin Buttes Ordinances and any and all subsequent amendments
adopted heretofore or hereafter are expressly incorporated herein by reference as terms
and conditions of this lease. This lease is expressly made subject to any ordinances
adopted in the future by the Council for the regulation of Lake Nasworthy and
surrounding property, including but not limited to, safety, sanitation, and ecological
requirements. Any breach of said rules and regulations shall, at the option of the Lessor,
result in forfeiture of this lease. This lease will be managed by the Water Utilities
Department of the City of San Angelo subject to the approval of the Council.
V. USE OF LEASED PREMISES
CONSTRUCTION BY LESSEE
5.1 The premises shall be used only for a single family residence and lawful uses
incidental thereto, and in this connection the following shall be applicable:
a. No structure shall be constructed in excess of two stories in height.
b. No dwelling or residence shall be located nearer than 75 feet to the 1,872.2
foot elevation line.
c. No housetrailer, shack, tent, or temporary residence of any type shall be
permitted on the leased premises, and no garage or other accessory building
shall be used as a residence.
d. All structures shall have a foundation that complies with Lessor's building
code.
e. No outside toilets shall be constructed or maintained on leased premises, and
all plumbing shall be connected with a sanitary sewer or with a septic tank which
complies in all respects to all state, county and city sanitation regulations and

requirements. No septic tank shall be placed, constructed, or maintained nearer
than 75 feet to the 1,872.2 foot elevation line nor nearer than five (5) feet to any
property line. All wastewater facilities shall conform to all of the City's wastewater
ordinances, where applicable. No sewer or drain shall empty into the lake or be
constructed so as to flow or wash into the lake. No concrete storm drains may be
constructed without the prior approval of the Water Utilities Department, Zoning
Board of Adjustment, Planning Commission and/or Council, as applicable.
f. No structure shall be constructed closer than five (5) feet to any property line.
g. No trees may be removed from the leased premises without the prior written
consent of the Water Utilities Director.
h. No improvements or construction work of any kind, including but not limited to,
houses, boathouses, piers, pumphouses, water wells, storage buildings, fences,
excavations, fills, and other types of structures or improvements, shall be built or
performed on leased premises without prior approval of the Water Utilities
Department, Zoning Board of Adjustment, Planning Commission and/or Council,
as applicable.
i. Lessee agrees to comply with all provisions of the Official Code of the City of
San Angelo ("Code"), as such now exists or may hereafter be amended
including, but not limited to, those provisions regarding building permits and
permit fees; inspections and fees therefore; building, plumbing, electrical, and fire
standards or requirements; and the regulation of septic tanks.
j. After any permit is granted, Lessee expressly agrees that all improvements or
construction work shall be built or performed in strict compliance with the terms
of the permit and approval granted, that construction shall commence within six
(6) months following the date of the permit, and that all construction shall be
completed within one (1) year of the date of the permit.
k. Lessee may request from the Council a variance or deviation from any term or
condition contained herein.
l. The Council, prior to granting any extension of an existing lease or a new lease
covering the leased premises shall have the right to review the leased premises
and improvements thereon and submit in writing to the Lessee the requirements,
if any, which shall attach to and become a part of this lease, necessary for
compliance with the above-mentioned provisions of the Code. Failure of the
Lessee to abide by and comply with said requirements will be grounds to
terminate this lease or any extension thereof.
RESERVATIONS AND EASEMENTS

5.2 Lessor, its agents or assigns, reserves the privilege and right at any time to
execute and deliver valid oil, gas and other mineral leases upon the leased premises,
and valid right-of-way easements for gas, oil, water, or wastewater pipelines, telephone,
telegraph or electric pole transmission lines on said premises, or any part thereof, and
in such event this lease shall be subject and subordinate to the rights, terms and
privileges of any such oil, gas and other mineral leases or such easements as may have
been executed heretofore or hereafter by Lessor, its agents or assigns. An easement
across leased premises is hereby retained by Lessor for the purpose of laying sewer
and water lines and/or for necessary rights-of-way for roads, alleys or other
throughways.
VI. ENCUMBRANCE OF LEASEHOLD ESTATE
ENCUMBERING LEASEHOLD INTEREST ONLY
6.1 Lessee shall not have the right to encumber the fee simple, but Lessee may
request Lessor's written consent (pursuant to article XII of this lease) to encumber the
leasehold estate, personal property or improvements made by Lessee which may be
removed from the realty without injury to the realty; provided however, that no
mortgagee nor anyone who claims by, through or under such mortgage or deed of trust
shall, by virtue of such mortgage or deed trust, acquire any greater or more extended
rights than Lessee has under this lease but such mortgage or deed of trust shall be in
every respect subject, subservient and subordinate to all of the conditions, provisions,
requirements, covenants and obligations of this lease. The mortgagee under any such
deed of trust or mortgage shall have the right to assume this lease and perform its
terms and conditions to protect itself.
NOTICES TO LENDER
6.2 Any lender or mortgagee may notify Lessor in writing that a mortgage or deed of
trust has been given and executed by Lessee and furnish Lessor with the address to
which it desires copies of notices to be mailed. Lessor agrees to mail to lender or
mortgagee or its designated agent or representative, at the address given, a copy of
any notice which Lessor gives, mails, or serves on Lessee under the terms of this lease
after receipt of such a notice from the lender or mortgagee.
VII. CONDITION OF PREMISES
NO WARRANTY
7.1 LESSOR GIVES NO WARRANTY, EXPRESS OR IMPLIED, AS TO THE
CONDITION OF THE LEASED PREMISES OR ANY IMPROVEMENTS THEREON,
INCLUDING WARRANTY OF HABITABILITY OR FITNESS FOR A PARTICULAR USE.
AVAILABILITY AND USE OF LAKE WATER

7.2 Lessor in no way guarantees the accessibility of water to the leased premises nor
the level of water in Lake Nasworthy.
Lessee can use water from the lake, river, and/or wells on the premises for
domestic purposes and water of existing trees and shrubs; but no water will be removed
from the premises. Use of water for irrigation is expressly prohibited. Lessee shall use
water in a conservative manner, and any abusive use of water shall be grounds for
denying the use of water to the Lessee. Lessee shall pay the applicable water use
charge as set by the Lessor, for water or raw water usage, as the case may be.
VIII. REPAIRS AND MAINTENANCE
LESSEE'S DUTY TO REPAIR AND MAINTAIN
8.1 Lessee agrees to keep and maintain any and all structures erected or caused to
be erected or placed on the leased premises in good and tenantable condition, to
maintain its appearance, and to landscape and keep said premises cleared of all
objectionable matter, things, and vegetation. Leased premises shall not be used for the
outside storage of usable materials for unreasonable lengths of time. In the event
Lessee shall fail to maintain leased premises in a manner acceptable to Lessor, after
notice to Lessee as prescribed by city ordinance, the Lessor shall cause leased
premises to be cleaned, cleared, and mowed. Lessee expressly authorizes the cost of
any such clearing, cleaning, and mowing to be billed to it or added to the next annual
rental payment, with interest at the rate of ten percent (10%) per annum beginning thirty
(30) days from the date on which the work was completed, and continuing until such
cost is paid in full.
DAMAGE OR DESTRUCTION
8.2 The parties hereto acknowledge that the leased premises are within an area
subject to overflow and flooding and it is expressly agreed between the parties that
neither Lessor nor any of its agents or employees shall be liable to Lessee for any
damages caused in any manner, negligent or otherwise, by high water or floods at Lake
Nasworthy, nor by the rivers or creeks which serve as its sources of supply or diversion
channels, nor by reason of any work deemed necessary in Lessor's sole judgment in
the maintenance of said Lake and sources of supply or diversion channels and all
damages occasioned thereby are hereby waived, and when Lessor (or any agent
thereof) deems it necessary to enter on the leased premises for any of the above
purposes, its judgment shall be conclusive.
IX. SUSPENSION OF PRIVILEGES
HEALTH MATTERS
9.1 It is expressly understood and agreed that Lessor may at any time, without notice
to Lessee or any mortgagee, suspend or revoke any and all privileges granted herein

for such length of time as in its sole judgment is necessary for the purpose of
suppressing or arresting an epidemic of any contagious or infectious disease, or when,
in its sole judgment, any suspension of privileges is necessary to protect the health of
the water consumers of San Angelo, Texas. In the event privileges are suspended by
Lessor, rent shall be prorated; and if the lease is revoked, Lessor shall pay Lessee an
amount equal to the market value of any structures or improvements hereto made or
erected on leased premises in compliance with the terms of this lease.
PUBLIC PURPOSES
9.2 If Lessor shall deem that leased premises are required for any public purpose or
that condemnation is necessary, Lessor shall have the right to terminate this lease by
giving ninety (90) days written notice of such termination to Lessee and any mortgagee
who has notified the Water Utilities Department of its lien and its address for notice
purposes; and Lessee agrees to promptly deliver possession of leased premises to
Lessor; and this lease shall terminate upon the expiration of ninety (90)days after the
date of such notice; and in such event Lessor shall pay Lessee an amount equal to the
market value of any structures or improvements hereto made or erected on leased
premises in compliance with the terms of this lease.
X. RELEASE
10.1 Lessee expressly releases Lessor, its officers, agents, and employees from any
and all claims for damages of any kind by reason of the condition of the premises
hereby leased, or any improvements thereon or any damages incurred in the enjoyment
or exercise of the privileges granted hereunder, or for damage to its person or property
caused by the opening of the gates at Nasworthy Dam, the lowering of the normal water
elevation in the lake, or due to flood or high water, or any fluctuating water levels which
may arise in the use and operation of Lake Nasworthy, or in the joint use and operation
of Lake Nasworthy, San Angelo Reservoir, and Twin Buttes Reservoir for the purposes
of recreation, irrigation, and water supply, or for any other purpose.
XI. INDEMNIFICATION
11.1 Lessee further agrees to indemnify and hold Lessor, its officers, agents, and
employees, free and harmless from any claims for damages or injury, including death,
to persons or property, or any liability incurred as a result of the exercise of the
privileges conferred by this lease, and agrees to reimburse Lessor for any expenses
incurred in the defense of any such claim, including reasonable attorney's fees and
court costs actually incurred.
XII. TRANSFER, ASSIGNMENT, AND SUBLETTING
12.1 Lessee may not transfer or assign the leased premises, in whole or in part,
without the prior written consent of the Lessor, which consent will not be unreasonably
withheld. Lessee may not sublet the leased premises, in whole or in part, without the

prior written consent of the Lessor. Any such transfer, assignment or sublease shall be
evidenced in writing, properly executed and acknowledged by both parties thereto; a
copy shall be delivered to Lessor and the original shall be recorded in the office of the
County Clerk of Tom Green County, Texas. It is agreed, however, that each such
transfer, assignment or sublease shall be subject to the obligations to Lessor as set
forth in this lease and shall not release Lessee or Lessee's obligations under the lease.
XIII. ABANDONMENT, DEFAULT AND REMEDIES
NOTICE OF INTENT TO TERMINATE LEASE
13.1 In the event Lessee shall (1) abandon the premises or (2) default in performance
of any of the covenants and conditions required herein to be kept and performed by
Lessee and such default continues for a period of thirty (30) days, Lessor shall have the
right to terminate this lease. Lessor will give thirty (30) days written notice of its intention
to terminate the lease to Lessee and any mortgagee who has notified the Water Utilities
Department of its lien and its address for notice purposes, and Lessee and any
mortgagee will have such thirty (30) days within which to cure such default and thereby
avoid termination. Notice shall be sufficient if delivered to Lessee at the address
specified in this lease or at such other address as Lessee may in writing designate to
Lessor. Upon Lessor's election to terminate, this lease shall cease.
POSSESSION
13.2 Lessee agrees at the termination of this lease to deliver possession peacefully to
the Lessor or its agents or employees; and if it fails to give peaceful possession, Lessor
may take forceful possession of said premises and eject all parties therefrom without
being guilty of trespass; and all damages occasioned thereby are hereby waived.
REMOVAL OF IMPROVEMENTS
13.3 All buildings and other improvements placed on the property by Lessee (except
trees, shrubs, flowers and plants) which may be removed without injury to the realty
shall remain the property of Lessee. It is understood and agreed, however, that
buildings and improvements shall be held by the Lessor until all rentals due Lessor by
Lessee shall have been paid, and should any amount remain unpaid for more than thirty
(30) days after termination of this lease, the Lessor shall have the right to sell such
buildings and improvements and apply the proceeds to the amount due Lessor, with
interest at the annual rate of ten percent (10%), and to any costs incident to the sale,
and pay the balance remaining, if any, to Lessee. All property remaining on the
premises after the expiration of ninety (90) days following the termination of this lease,
however terminated, shall be deemed abandoned by Lessee and shall become the
property of Lessor.

OTHER REMEDIES
13.4 Any termination of this lease shall not relieve Lessee from the payment of any
sum or sums that are due and payable to Lessor under the lease, or any claim for
damages then or previously accruing against Lessee under this lease, and any such
termination shall not prevent Lessor from enforcing the payment of any such sum or
sums or claim for damages by any remedy provided for by law, or from recovering
damages from Lessee for any default under the lease. All rights, options, and remedies
of Lessor contained in this lease shall be construed and held to be cumulative, and no
one of them shall be exclusive of the other, and Lessor shall have the right to pursue
any one or all of such remedies or any other remedy or relief which may be provided by
law, whether or not stated in this lease. No waiver by Lessor of a breach of any of the
covenants, conditions, or restrictions of this lease shall be construed or held to be a
waiver of any succeeding or preceding breach of the same or any other covenant,
condition, or restriction contained in this lease.
XIV. MISCELLANEOUS
RELATIONSHIP OF LESSOR AND LESSEE
14.1 The relationship between Lessor and Lessee at all times shall remain solely that
of landlord and tenant and shall not be deemed a partnership or joint venture.
PARTIES BOUND
14.2 This agreement shall be binding upon and inure to the benefit of the parties of
the lease and their respective heirs, executors, administrators, legal representatives,
successors and assigns.
HEADINGS
14.3 The paragraph headings contained herein are for convenience and reference
and are not intended to define, extend or limit the scope of any provisions of this lease.
SUPERSEDES PRIOR AGREEMENTS
14.4 If this lease replaces another lease, all prior agreements are superseded by this
lease.
ENTIRE AGREEMENT/AMENDMENTS
14.5 This lease constitutes the entire agreement between the parties, and Lessor is
not bound by any agreement, condition or stipulation, understanding or representation
made by any of Lessor’s agents not contained herein. No amendment to this lease shall
be effective unless such is in writing and signed by both parties.

VIOLATIONS OF LEASE
14.6 IT IS FURTHER UNDERSTOOD AND AGREED BETWEEN THE PARTIES
THAT THE VIOLATION OF ANY TERM, STIPULATION, CONDITION, OR
COVENANT, SHALL ENTITLE THE LESSOR, AT ITS OPTION, TO TERMINATE THIS
LEASE. FAILURE TO EXERCISE SUCH OPTION AT ANY TIME SHALL NEVER BE
CONSTRUED AS A WAIVER OF ANY CONDITION OF THIS LEASE.
TEXAS LAW TO APPLY
14.7 The parties hereby agree that Texas law will control the interpretation or
enforcement of this lease. This lease has been executed in Texas, and all obligations
hereunder are performable in Tom Green County, Texas.
INVALID OR ILLEGAL PROVISIONS
14.8 If any provision of this lease is held invalid as to any person or set of
circumstances, such holding shall not affect the validity of any remaining provision of
this lease or any provision’s application to other persons not similarly situated or to
other circumstances.
REIMBURSEMENT OF LESSOR’S EXPENSES
14.9 Lessee shall pay on demand all of Lessor’s expenses including, but not limited
to, attorney’s fees and court costs incurred in enforcing any of Lessee’s obligations
under this lease, which include, but are not limited to, collection of rental fees and
collection of utility payments, taxes and other legitimate assessments.
NOTICES
14.9 All notices concerning this lease shall be in writing and delivered to the parties at
the addresses below:
LESSEE: Rodney Simpson
2029 American Legion Road
LESSOR: City of San Angelo
Attn: Water Utilities Director
72 W. College Avenue

EXECUTED in duplicate originals on the _____day of _____________________,
2013 by:
LESSEE(S)
Rodney Simpson
STATE OF TEXAS §
This instrument was acknowledged before me on the _____day of
________________, 20____ by Rodney Simpson.
CITY OF SAN ANGELO, LESSOR
BY:
Ricky Dickson, Director
Water Utilities Department
STATE OF TEXAS §
This instrument was acknowledged before me on the _____day of
________________, 2013, by Ricky Dickson, Water Utilities Director, of the City of San
Angelo, a Texas home rule municipal corporation, on behalf of said corporation.

City of San Angelo
Memo
Date: May 9, 2013
To: Mayor and Council Members
From: Teresa Covey, Interim Emergency Management Coordinator
Contact: Teresa Covey, Emergency Management, 325-657-4289
Caption: Consent
CONSIDERATION OF APPROVING A RESOLUTION OF THE CITY OF SAN
ANGELO AUTHORIZING THE EXECUTION OF A MEMORANDUM OF
UNDERSTANDING WITH GOODFELLOW AIR FORCE BASE 17
th
CIVIL
ENGINEERING SQUADRON READINESS AND EMERGENCY MANAGEMENT
FLIGHT PROVIDING FOR SHARING EMERGENCY RESPONSE INFORMATION
THROUGH DEFENSE CONNECT ONLINE COMMUNICATIONS AND WEB EOC
Summary: The City of San Angelo and Goodfellow Air Force Base recognize the vulnerability
of the people and communities located within Tom Green County to damage,
injury, illness, and loss of life and property resulting from a disaster or civil
emergency and recognize that disasters or civil emergencies may present
equipment, manpower, expertise, and shelter requirements beyond the capacity of
said parties. To prevent or limit loss of life and property damage, the parties
operating cooperatively will be better able to meet the needs of the people and
communities in Tom Green County. (MOU previously approved by City Council
on 2-19-13; however, verbiage change required to include exercise opportunities.)
History: The Texas Government Code, Section 418.109(d), provides that a local
government entity may provide for emergency assistance to another local
government entity. Section 418.113 of the Texas Government Code provides for
coordination with political subdivisions located in the disaster district to ensure that
state and federal emergency assets are made available as needed to provide the
most efficient and effective response possible. This MOU will allow for better
coordination of effort, and will help ensure that appropriate aid, assistance and
care is available to the communities involved in the minimum time possible.
Financial Impact: None
Related Vision Item
(if applicable):
The sharing of the City Emergency Management WebEOC program and training
opportunities with Goodfellow Air Force Base Readiness and Emergency
Management Flight will provide another layer of communications redundancy and
open 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 Memorandum
of Understanding (MOU) agreement between the City of San Angelo and Goodfellow
Air Force Base Readiness and Emergency Management Flight.
Attachments: EMG GAFB_ MOU_04 24_13.doc
EMG GAFB_MOU_RES.docx

Presentation: N/A
Publication: N/A
Reviewed by
Service Area
Director:
Daniel Valenzuela, City Manager,
Approved by Legal: 3-28-13

A RESOLUTION OF THE CITY OF SAN ANGELO AUTHORIZING THE
EXECUTION OF A MEMORANDUM OF UNDERSTANDING WITH
GOODFELLOW AIR FORCE BASE 17th
CIVIL ENGINEERING
SQUADRON READINESS AND EMERGENCY MANAGEMENT FLIGHT
PROVIDING FOR SHARING EMERGENCY RESPONSE
INFORMATION THROUGH DEFENSE CONNECT ONLINE
COMMUNICATIONS AND WEB EOC
WHEREAS, Goodfellow Air Force Base is located within the corporate limits of the
City of San Angelo, Texas, and can provide the City of San Angelo with access to Defense
Connect Online (DCO) through the wing liaison representative to the San Angelo, Tom Green
Count Emergency Operations Center; and,
WHEREAS, the City of San Angelo, Tom Green County Office of Emergency
Management can provide Goodfellow Air Force Base with access to WebEOC; and,
WHEREAS, common access to DOC and Web EOC between the City of San Angelo
and Goodfellow Air Force Base will improve coordination of communications and sharing of
information in response to disaster and providing emergency assistance;
NOW THEREFORE BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
SAN ANGELO, TEXAS THAT:
The City Manager is hereby authorized to execute the Memorandum of Understanding
with the 17th
Civil Engineering Squadron Readiness and Emergency Management Flight,
Goodfellow Air Force Base, providing for common access to Defense Connect Online and Web
EOC to improve the coordination of communications and sharing of information in response to
disaster and providing emergency assistance.
PASSED and APPROVED THIS DAY OF , 2013.
CITY OF SAN ANGELO, TEXAS
ATTEST: Alvin New, Mayor

APPROVED AS TO CONTENT APPROVED AS TO FORM
Teresa Covey Lysia H. Bowling
Interim Emergency Management Coordinator City Attorney

City of San Angelo
Memo
Date: April 4, 2013
From: Angelica Peña, Civic Events
Contact: Angelica Peña, Civic Events, 325-653-9577
Consideration of adopting a resolution authorizing the City Manager to execute a lease
agreement between the City of San Angelo and Action Career Training.
Summary: Staff has worked with Action Career Training (ACT) on a six month lease
agreement for the use of the Coliseum parking lot to conduct the parking portion of
their 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 base
rent of $50.00 per scheduled day of use, ACT is required to maintain City
insurance requirements and they must continuously maintain in effect a workforce
training agreement with Howard College. In addition there is a waiver of liability
and indemnity that each class participant must sign.
History: Truck driving has been listed as a high demand occupation for the Concho Valley
workforce area. Howard College maintains a workforce training agreement with
Action Career Trucking, (ACT), to conduct a truck driving class on Howard
College’s behalf. This is the only CDL class available in San Angelo, with Abilene
being the next available location. The CDL course spans over four weeks with one
week of pre-trip inspection and parking training at the coliseum parking lot.
Howard College is currently working on the construction of their own large parking
lot at the West Texas Training Center and they anticipate construction to be
complete by the end of October 2013. The City has entered into short term
(monthly) agreements with Howard College to hold truck driving classes in the
past however; it is a better use of staff time to do just one for a six month time
frame.
Financial Impact: Approximately $3,250 in base rent would be collected if all scheduled classes take
place through the end of October 2013.
Related Vision Item
(if applicable):
N/A
Other Information/
Recommendation:
Staff recommends approving the contract as is. The City has a positive working
relationship with Howard College and ACT and all parties involved recognize the
need and the benefit derived from offering this class in San Angelo. We
recommend that City Council authorizes the City Manager to execute said lease
agreement.
Attachments: • Commerical Lease agreement by and between The City of San Angelo and
ACT/Commerical Truck driving
• Resolution

Presentation: None
Publication: None
Reviewed by
Director:
Carl White, Parks & Recreation Director, April 17, 2013
Approved by Legal: Yes

City Council May 14, 2013 Agenda packet

City Council May 14, 2013 Agenda packet

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City Council May 14, 2013 Agenda packet