City Council September Agenda

City Council Agenda Page 1 of 6 September 17, 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, September 17, 2013
McNease Convention Center, 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
"Honor the Texas flag; I pledge allegiance to thee, Texas, one state under God, one and indivisible.”
C. Proclamation
“Lakeview Homecoming Day, Beat the Snyder Tigers”, Friday, September 27, 2013, to be accepted by
Sadie Reddy, Student Cheerleader and Cheerleader Squad
D. Recognition
Darlene Luna, Property Specialist with the City of San Angelo, for receiving the State of Texas
Procurement Certification
E. 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.
On public hearing items, public input will be received on each item immediately following the Council
discussion and prior to any action on the item. Each member of the public should make their remarks
from the podium and begin by stating their name. Remarks by each citizen will be limited to three to five
minutes, unless waived by a council member for all speaking on that matter. No individual will be
allowed to speak more than once on any one subject until every citizen wishing to comment has done so.
II. CONSENT AGENDA
1. Consideration of approving the September 3, 2013 City Council Regular meeting minutes

2. Consideration of awarding RFB WU-13-13 Chlorine bid to DPC Industries Inc. (Sweetwater, Tx) in the
amount of $69,300.00 for liquid chlorine for use in the Water Treatment Plant (submitted by Water
Utilities Director Ricky Dickson)
3. Consideration of approving a new lake lot residential lease for financing purposes with the following
lessee and authorizing the Mayor, City Manager, or Water Utilities Director to execute the same
(submitted by Water Utilities Director Ricky Dickson)
a. Lot 17, Group 9, 1906 South Concho Drive (Sims)
b. Lot 20, Group 15, 2378 Fishermans Road (Jonas)
4. Consideration of authorizing the City Manager to execute a concession agreement and all related
documents between the City and Avis Car Rental Group, LLC, in substantially the attached form, for a
non-exclusive license to operate an automobile rental service at the San Angelo Regional Airport-
Mathis Field (submitted by Airport Director Luis Elguezabal)
5. Consideration of authorizing the City Manager to execute a concession agreement and all related
documents with Budget Rent A Car System, Inc., in substantially the attached form, for a non-
exclusive license to operate an automobile rental service at the San Angelo Regional Airport-Mathis
Field (submitted by Airport Director Luis Elguezabal)
6. Consideration of approving the continuation of a City Policy providing for paid time off for City
employees who contribute a “care share”, a “double care share”, or greater to the 2013-2014 United
Way Campaign (submitted by Internal Auditor Steven Mahaffey)
7. Consideration of authorizing the City Manager to execute an Interlocal Agreement for E9-1-1 Public
Safety Answering Point Services with the Concho Valley Council of Governments for the operation of
9-1-1 services in Tom Green County pursuant to the Regional Planning Commission (RPC) strategic
plan (submitted by Police Chief Tim Vasquez)
8. Consideration of adopting a Resolution accepting the U.S. Department of Justice FY 2013 Justice
Assistance Grant in the sum of twenty-two thousand seven hundred forty-one and no/100 dollars
($22,741.00), and authorizing the City Manager to execute such grant award and related documents as
may be necessary or convenient for acceptance of the grant (submitted by Police Chief Tim Vasquez)
9. Consideration of adopting a Resolution authorizing the City Manager to apply to access the
Reservation System for 2014-2015 Amy Young Barrier Removal Program Funds and apply on behalf
of the San Angelo Housing Support Division for such grant funds; and approving acceptance of grant
funds awarded (submitted by Neighborhood and Family Services Director Bob Salas)
10. Second Hearing and consideration of adopting an Ordinance amending Chapter 12, Exhibit “A”
(Zoning Ordinance) of the Code of Ordinances, City of San Angelo (submitted by Interim Director of
Development Services AJ Fawver)
Z13-25: Efraim and Lupe Puente
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: 801 Fisher Street, located at the northwest corner of the
intersection of Townview Lane and Fisher Street. This property specifically occupies the Porter
Highland Acres, Block 2, Except N 350' of W 122.9' and S 25' of Lot 30, in western San Angelo,
changing the zoning classification from Ranch & Estate (R&E) to Single-Family Residential (RS-1)
District; PROVIDING FOR SEVERABILITY AND PROVIDING A PENALTY
11. Second Hearing and consideration of adopting an Ordinance authorizing abandonment of public right-
of-way between Cornick's Addition, Block 2 and immediately north of Lots 8-11 and south of the

Addition, Section 2, Block 2, Lot 1 in north-central San Angelo; AUTHORIZING THE
CONVEYANCE THEREOF TO THE ABUTTING PROPERTY OWNERS; PROVIDING FOR THE
TERMS AND CONDITIONS OF ABANDONMENT AND CONVEYANCE; AND PROVIDING
FOR THE MAYOR TO EXECUTE AND DELIVER A QUIT CLAIM DEED TO THE ABUTTING
PROPERTY OWNERS
12. Second Hearing and consideration of adopting an Ordinance amending Chapter 12, Exhibit “A”
(Zoning Ordinance) of the Code of Ordinances, City of San Angelo (submitted by Interim Director of
Development Services AJ Fawver)
Z 13-26: Mills Development, Inc.
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: An unaddressed tract occupying a 24.484 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 Prestonwood Addition, Section Two, in southwest San
Angelo, changing the zoning classification from a Ranch & Estate (R&E) to a Single-Family
Residential (RS-1) District; PROVIDING FOR SEVERABILITY AND PROVIDING A PENALTY
III. REGULAR AGENDA:
F. EXECUTIVE/CLOSED SESSION
Executive Session under the provision of Government Code, Title 5. Open Government; Ethics, Subtitle
A. Open Government, Chapter 551. Open Meetings, Subchapter D. Exceptions to Requirement that
Meetings be Open under the following sections:
• Section 551.071(2) to consult with attorney on a matter in which the duty of the attorney to the
governmental body under the Texas Disciplinary Rules of Professional Conduct of the State Bar of
Texas clearly conflicts with this chapter regarding the West Texas Water Partnership
• Section 551.072 to deliberate the purchase, exchange, lease, or value of real property related to 1)
proposed Fire Station, 2) Lake Nasworthy area, and 3) West Texas Water Partnership
• Section 551.074(1) to deliberate the evaluation of the City Manager
G. PUBLIC HEARING AND COMMENT
13. Consideration of authorizing funding and payment for City’s proportionate share of costs incurred for
services pursuant to the interlocal agreement between cities of Abilene, Midland and San Angelo,
effective April 9, 2011 (West Texas Water Partnership), and consideration of ratifying all actions
already taken and payments made pursuant to said interlocal agreement since its effective date, and
any action in connection thereto
(Requested by Mayor Morrison)
14. Discussion of naturally occurring radioactive material as it relates to the Hickory Groundwater Supply
Project
(Presentation by Water Utilities Director Ricky Dickson)
15. Discussion and possible action on matters related to the 19th
Street Sidewalk Project
(Requested by Councilmember Farmer and presentation by Interim City Engineer Tim Wolff)
16. Consideration of approving an amendment to Vision Plan component of the San Angelo
Comprehensive Plan update adopted in 2009, specifically properties located within an
approximately 1,800 foot radius of the intersection of Armstrong Street and 28th Street in north-
central San Angelo
(Presentation by Interim Senior Planner Jeff Hintz)

17. 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
18. Presentation of the City of San Angelo Development Corporation (COSADC) calendar year 2012
Annual Report and discussion and possible action regarding goals, objectives, and procedures for
COSADC
(Presentation by Interim Economic Development Director Bob Schneeman)
19. First Public Hearing and consideration of introducing an Ordinance amending Chapter 12 pertaining
to Mobile Home Regulations of the Code of Ordinances, City of San Angelo
AN ORDINANCE AMENDING CHAPTER 12 “PLANNING & DEVELOPMENT”, ARTICLE
12.500 “MOBILE HOME REGULATIONS”, OF THE SAN ANGELO CODE OF ORDINANCES
BY AMENDING THE TITLE OF ARTICLE 12.500 TO READ, “MANUFACTURED HOME AND
MOBILE HOME REGULATIONS”; RESTATING SECTION 12.503 “SKIRTING” BY ADDING
MANUFACTURED HOMES AND PROVIDING AN EXCEPTION FOR LICENSED
DEALERSHIPS AND RETAILERS; AMENDING SECTION 12.504 “TEMPORARY MOBILE
HOME INSTALLATION” BY AMENDING THE SECTION TITLE TO “TEMPORARY
MANUFACTURED HOME, MOBILE HOME OR BUILDING INSTALLATION”, AND
RESTATING SUBPARAGRAPHS (a) AND (c) OF SAID SECTION TO REFERENCE
MANUFACTURED HOME; PROVIDING FOR SEVERABILITY, PROVIDING FOR A PENALTY
AND PROVIDING FOR AN EFFECTIVE DATE
20. Presentation of and possible action regarding final draft of planning document for Lake Nasworthy
subdistrict, as prepared by Gateway Planning
(Presentation by Interim Director of Development Services AJ Fawver and Gateway Planning
Principal Scott Polikov)
21. Consideration and possible action to amend the 2009 San Angelo Comprehensive Plan, by
incorporating the Lake Nasworthy subdistrict planning document, as prepared by Gateway
Planning
(Presentation by Interim Director of Development Services AJ Fawver)
22. Second Public Hearing and consideration of adopting an Ordinance levying property taxes for the City
of San Angelo for the 2013 tax year
AN ORDINANCE FIXING AND LEVYING AD VALOREM TAXES FOR THE CURRENT TAX
YEAR FOR THE USE AND SUPPORT OF THE MUNICIPAL GOVERNMENT OF THE CITY OF
SAN ANGELO, TEXAS, FOR THE 2013-2014 BUDGET YEAR; PROVIDING FOR THE
ASSESSMENT AND COLLECTION THEREOF; PROVIDING WHEN THE TAX SHALL
BECOME DUE; PROVIDING WHEN THE TAX SHALL BECOME DELINQUENT; PROVIDING
FOR EXEMPTIONS; PROVIDING FOR SEVERABILITY; PROVIDING FOR PUBLICATION ON
THE CITY OPERATED WEB SITE; AND, PROVIDING FOR AN EFFECTIVE DATE.
The property tax rate will be increased by the adoption of a tax rate of 0.776/$100, which is
EFFECTIVELY a 4.75% percent increase in the tax rate
(Presentation by Morgan Chegwidden, Budget Manager)

23. Discussion and possible action on matters related to the fiscal year 2013-2014 budget to
include:
a. Development Corporation Funds
b. Stormwater Fund
c. Wastewater transfers
d. General capital projects
e. Other items as needed
(Presentation by Budget Manager Morgan Chegwidden)
24. Discussion and seeking direction and approval of City Council related to the allocation of the
$812,953 contingency funds identified in the proposed FY 2013/14 budget
(Presentation by Human Resources Director Lisa Marley)
25. Consideration of approving the FY 2013/14 Employee Holiday Schedule and any action in
connection thereto
(Presentation by Human Resources Director Lisa Marley)
26. Discussion and seeking direction of City Council related to the watering of City parks, sports
fields, Santa Fe Golf Course, and Fairmount Cemetery
(Presentation by Operations Director Shane Kelton)
27. Consideration of nominating candidates to serve on and adopting a Resolution nominating
candidate(s) eligible for a position on the Board of Directors of the Tom Green County Appraisal
District for the 2014 - 2015 term of office
(Presentation by City Clerk Alicia Ramirez)
H. FOLLOW UP AND ADMINISTRATIVE ISSUES
28. Consideration of and possible action on matters discussed in Executive/Closed Session, if needed
29. Consideration of approving various Board nominations by Council and designated Councilmembers:
a. Public Art Commission: Lori Francks (SMD4) to a 1st
full term April 2015
b. Zoning Board of Adjustment: Louis Rork (SMD5) to an unexpired term January 2014
30. Consideration of nominating a City Council Member to serve on the Ports-to-Plains Trade Corridor
Coalition
31. Announcements and consideration of Future Agenda Items
The Regular City Council meeting on Tuesday, October 15, 2013, will be held at 5:30 P.M.
32. Adjournment
The City Council reserves the right to consider business out of the posted order, and at any time during the
meeting, reserves the right to adjourn into executive session on any of the above posted agenda items which
are not listed as executive session items and which qualify to be discussed in closed session under Chapter 551
of the Texas Government Code.
Given by order of the City Council and posted in accordance with Title 5, Texas Government Code, Chapter
551, Friday, September 13, 2013, at 6:00 P.M.
/s/________________________
Alicia Ramirez, City Clerk

CITY COUNCIL MINUTE RECORD
The City of San Angelo Page 753
Tuesday, September 3, 2013 Vol. 104
OPEN SESSION
BE IT REMEMBERED City Council convened in a regular meeting at 9:08 A.M., Tuesday, September 3,
2013, in the San Angelo McNease Convention Center, 500 Rio Concho Drive, San Angelo, Texas. All duly
authorized members of the Council, to-wit:
Mayor, Dwain Morrison
Councilmember Rodney Fleming
Councilmember Marty Self
Councilmember Johnny Silvas
Councilmember Don Vardeman
Councilmember H.R. Wardlaw
Councilmember Charlotte Farmer
were present and acting, thus constituting a quorum. Whereupon, the following business was transacted:
An invocation was given by Stanley Sweet, Pastor at Sierra Vista United Methodist Church, and pledge was
led by Robert Stanley and Bill Murray representing the Texas Veteran for Veterans.
PROCLAMATION AND RECOGNITIONS
“RSVP Volunteer Recognition Day in the Concho Valley”, September 5, 2013 was accepted by Dolores
Schwertner, West Texas RSVP Director.
Larry Teague for his 14 years of dedicated service to the City of San Angelo Development Corporation since
its inception in 1999.
AEP Texas for their generosity and willingness to help create the Police Department’s new S.W.A.T. Obstacle
Course, to be accepted by Fred Hernandez, AEP Manager of Community Affairs, Randy Wessels, Line Crew
Leader, Mark Koegel, Line Mechanic, and S.W.A.T. Operators William Farris and Chris Chappa.
PUBLIC COMMENT
No public comments were made.
CONSENT AGENDA
APPROVAL OF THE AUGUST 13, 2013, AUGUST 20, 2013, AND AUGUST 27, 2013 CITY COUNCIL
MEETING MINUTES
ADOPTION OF A RESOLUTION OF THE CITY OF SAN ANGELO 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 OR TAX WARRANT: (Page 761, #2013-09-116)
613 W 15th Street, (Owens), Lot 6, Block 5, Mineola Annex, $750, Suit No. B-94-0062-T
520 W 15th Street, (Sullivan), Lot 10, Block 1, Mineola Annex, $2,000, Suit No. B-10-0166-T
ADOPTION OF A RESOLUTION OF THE CITY OF SAN ANGELO (“CITY”) AUTHORIZING THE CITY
TO AGREE TO AN EXTENSION TO THE DEPOSITORY CONTRACT BETWEEN THE CITY AND
FIRST FINANCIAL BANK, N.A. SAN ANGELO (“BANK”) DATED FEBRUARY 1, 2011, SAID
EXTENSION BEING FOR A TWO (2) YEAR TERM AS PROVIDED FOR AT THE TERMINATION OF
PRIMARY TERM, SO LONG AS BANK IS NOT IN DEFAULT AND BOTH PARTIES AGREE TO THE

Minutes
Vol. 104 September 3, 2013
EXTENSION; AUTHORIZING THE CITY MANAGER TO EXECUTE A FIRST AMENDED
DEPOSITORY CONTRACT (Page 763, #2013-09-117)
SECOND HEARING AND ADOPTION OF AN ORDINANCE AMENDING THE 2012-2013 BUDGET
FOR NEW PROJECTS AND INCOMPLETE PROJECTS (Page 765, #2013-09-118)
AN ORDINANCE OF THE CITY OF SAN ANGELO AMENDING THE BUDGET FOR THE FISCAL
YEAR BEGINNING OCTOBER 1, 2012, AND ENDING SEPTEMBER 30, 2013, FOR NEW PROJECTS,
INCOMPLETE PROJECTS, CAPITAL PROJECTS, AND GRANTS
SECOND HEARING AND ADOPTION OF AN ORDINANCE AMENDING ESTABLISHED
BOUNDARIES OF SINGLE MEMBER DISTRICT 6 (Page 769, #2013-09-119)
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SAN ANGELO, TEXAS AMENDING THE
ESTABLISHED BOUNDARIES OF SINGLE MEMBER DISTRICT NUMBER 6 FOR THE PURPOSE OF
INCORPORATING NEWLY ANNEXED AREAS INTO SAID DISTRICT, PROVIDING FOR
PRECLEARANCE AND ALL OTHER NECESSARY ACTIONS; AND PROVIDING FOR AN EFFECTIVE
DATE
Motion, to approve the Consent Agenda, as presented, was made by Councilmember Silvas and seconded by
Councilmember Vardeman. Motion carried unanimously.
REGULAR AGENDA: PUBLIC HEARING AND COMMENT
PRESENTATION OF THE 2ND QUARTER REPORTS FOR THE CHAMBER OF COMMERCE
ECONOMIC DEVELOPMENT COUNCIL AND CONVENTION & VISITORS BUREAU (CVB)
Vice President for Economic Development John Dugan and CVB Vice President Pamela Miller presented
background information.
Responding to questions by Councilmember Silvas and Farmer, Ms. Miller clarified the hotel room cost in
relation to other city amenities, e.g. food and retail costs. Interim Economic Development Director Bob
Schneeman verified the Chamber of Commerce contract was approved by City Council.
DENIAL OF A SPECIAL RECREATIONAL 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 TO EXECUTE THE SAME
Requested by Councilmember Self, Water Utilities Director Ricky Dickson presented background information.
General discussion was held on the properties location in relation to the river front, potential public use,
reviewing lease term calculation policy in relation to fair market value, future recreational vehicle use by
proponent, and staff’s and the Housing Committee’s presentation regarding the proposed policy for future use.
City Manager Daniel Valenzuela informed staff will review and recommend their findings regarding standard
fees in October.
MK-Allen Operations Manager Mike Walters informed the corporation purchased the property by and plan to
develop for future use. Responding to a question by Councilmember Fleming, Mr. Walters stated he could not
confirm whether the property would be developed as a recreational vehicle (RV) park.
Motion, to deny the Special Recreational Lease Agreement, as presented, was made by Councilmember Farmer
and seconded by Councilmember Fleming.
Sam Allen, Attorney for the Butlers Farm Homeowners Association, noted the purposed use was for an RV
park and since the city had created a group to establish a policy for such future use. On behalf of the adjacent
homeowners, he requested postponing further development of the property until the policy has been
established and implemented.

Minutes Page 755
September 3, 2013 Vol. 104
Public comment was made by Citizen Jim Turner regarding the maintenance and policing of existing and
future parks.
_______, Attorney for MK-Allen enterprises, noted such action by City Council would set precedence for
future requests and spoke in opposition of the denial.
A vote was taken on the motion the floor. AYE: Fleming, Silvas, Wardlaw, and Farmer. NAY: Morrison,
Vardeman, and Self. Motion carried 4-3.
RECESS
At 10:30 A.M., Mayor Morrison called a recess.
RECONVENE
At 10:39 A.M., Council reconvened, and the following business was transacted:
DIRECTION TO STAFF TO DRAFT AN ORDINANCE RELATING TO THE AUTHORIZATION FOR
THE OPERATION OF GOLF CARTS ON ALL OR PART OF PUBLIC HIGHWAYS WITHIN THE CITY
AS PERMITTED BY LAW, SPECIFIC TO ANGELO STATE UNIVERSITY, GOVERNMENTAL
ENTITIES, AND COMMERCIAL ENTITIES
Requested by Councilmember Vardeman, Police Chief Tim Vasquez, and Traffic Sergeant Korby Kennedy
presented background information.
General discussion was held on safety issues with crossing major and minor arterials, specifically Live Oak
Street and University Avenue, establishing a permit process through the police department, public safety
issues, other commercial entities requesting the same type of use, and the requests submitted specific to Angelo
State University (ASU).
Joe Munoz, ASU Attorney, informed the university has been cited in the past for operating the carts on the
public streets. He noted the carts are mainly used for maintenance purposes with limited use on the public
streets, the carts have been configured as street legal, and the employees take a course and are certified to drive
the carts.
City Manager Daniel Valenzuela noted establishing an ordinance will be specific to the traffic laws and will
include specific criteria to assist the Police Department to approve the permit. Chief Vasquez stated he
preferred an application process which involved a group of individuals to review and approve.
Public comments were made by former Councilmember Paul Alexander, Citizens Janette Story, and Jim
Turner.
Motion, to draft an ordinance outlining a policy for golf cart use by ASU, UPS, and apartment communities,
was made by Councilmember Vardeman and seconded by Councilmember Self.
Further discussion was held on other similar type vehicles, e.g. mule type, john deer or gator vehicles.
Sergeant Kennedy stated each vehicle has different terms under state law.
Responding to a question by Chief Vasquez, Council agreed the ordinance should include minimum vehicle
requirements, including operator’s restrictions and the ability to revoke the permit.
After further consideration, Councilmember Vardeman withdrew his first and Councilmember Self his second.
Motion, to develop an ordinance for the use of golf carts specific to ASU and commercial entities, was made
by Councilmember Vardeman and Councilmember Self.
Responding to a question by Assistant City Manager Rick Weise, Councilmember Vardeman concurred the
ASU reference would include the City as a government entity.
A vote was taken on the motion on the floor. Motion carried unanimously.
FIRST PUBLIC HEARING AND INTRODUCTION OF AN ORDINANCE AMENDING CHAPTER 12,

Minutes
EXHIBIT “A” (ZONING ORDINANCE) OF THE CODE OF ORDINANCES, CITY OF SAN ANGELO
Z13-25: Efraim and Lupe Puente
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: 801 Fisher Street, located at the northwest corner of the intersection of
Townview Lane and Fisher Street. This property specifically occupies the Porter Highland Acres, Block 2,
Except N 350' of W 122.9' and S 25' of Lot 30, in western San Angelo, changing the zoning classification from
Ranch & Estate (R&E) to Single-Family Residential (RS-1) District; PROVIDING FOR SEVERABILITY
AND PROVIDING A PENALTY
Interim Director of Development Services AJ Fawver presented background information. A copy of the
presentation is part of the Permanent Supplemental Record.
Motion, to introduce the Ordinance, as presented, was made by Councilmember Self and seconded by
Councilmember Silvas.
General discussion was held on limiting further development of the area.
FIRST PUBLIC HEARING AND INTRODUCTION OF AN ORDINANCE AUTHORIZING
ABANDONMENT OF PUBLIC RIGHT-OF-WAY BETWEEN CORNICK'S ADDITION, BLOCK 2 AND
IMMEDIATELY NORTH OF LOTS 8-11 AND SOUTH OF THE BAPTIST MEMORIALS GERIATRIC
ADDITION, SECTION 2, BLOCK 2, LOT 1 IN NORTH-CENTRAL SAN ANGELO.
AN ORDINANCE PROVIDING FOR THE ABANDONMENT AND CLOSING OF THE FOLLOWING
STREET SEGMENT, TO WIT: An approximately 20 foot wide x 450 foot long portion of alley running east
to west, perpendicular to Holcomb Street located between Cornick's Addition, Block 2 and immediately north
of Lots 8-11 and south of the Baptist Memorials Geriatric Addition, Section 2, Block 2, Lot 1 in north-central
San Angelo; AUTHORIZING THE CONVEYANCE THEREOF TO THE ABUTTING PROPERTY
OWNERS; PROVIDING FOR THE TERMS AND CONDITIONS OF ABANDONMENT AND
CONVEYANCE; AND PROVIDING FOR THE MAYOR TO EXECUTE AND DELIVER A QUIT CLAIM
DEED TO THE ABUTTING PROPERTY OWNERS
General discussion was held on the future turnaround placement and the emergency access.
Motion, to introduce the Ordinance, as presented, was made by Councilmember Silvas and seconded by
Councilmember Vardeman.
Further discussion was held on the taxation of the development and contiguous properties.
FIRST PUBLIC HEARING AND INTRODUCTION OF AN ORDINANCE AMENDING CHAPTER 12,
EXHIBIT “A” (ZONING ORDINANCE) OF THE CODE OF ORDINANCES, CITY OF SAN ANGELO
Z 13-26: Mills Development, Inc.
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

Minutes Page 757
FOLLOWING PROPERTY, TO WIT: An unaddressed tract occupying a 24.484 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 Prestonwood Addition, Section Two, in southwest San Angelo, changing the zoning
classification from a Ranch & Estate (R&E) to a Single-Family Residential (RS-1) District; PROVIDING FOR
SEVERABILITY AND PROVIDING A PENALTY
Motion, to introduce the Ordinance, as presented, was made by Councilmember Farmer and seconded by
Councilmember Fleming. Motion carried unanimously.
DIRECTION TO STAFF TO AMEND THE ORDINANCE REGARDING THE USE OF A PORTABLE
SIGN LIMIT AND RELATED NUMBER OF DAYS IN THE CODE OF ORDINANCES, CHAPTER 12,
SECTION 12.606 PORTABLE SIGNS(1)(I)
Requested by Councilmember Fleming, he noted the ordinance reads the allowable use is for 90 consecutive
days and suggested increasing the allowable days to 180 days within a year period and not necessarily
consecutive days. He also suggested the permit fee be set at $25 for every 30 days.
Interim Director of Development Services AJ Fawver and Building Official Al Torres provided information
pertaining to the department responsible for the compliance and enforcement of the permit.
Motion, to direct staff to amend the ordinance from 90 consecutive days to 180 days per year or consecutive,
was made by Councilmember Fleming and seconded by Mayor Morrison.
City Manager Daniel Valenzuela informed staff will also review and consider the permit rate as part of their
full fee structure review.
General discussion was held on the enforcement of the permit, developing a system to oversee the permit
process, which department will be responsible for the permit process, and the definition of a portable sign.
A vote was taken on the motion on the floor. AYE: Morrison, Fleming, Self, Silvas, and Vardeman. NAY:
Wardlaw, and Farmer. Motion carried 5-2.
AUTHORIZATION OF ROLLOVER OF FUNDS FROM AMBULANCE REVENUES IN THE AMOUNT
EXCEEDING $2,430,000.00 (ORIGINAL BUDGET) FROM THE FY 2012-13 TO FY 2013-14 GENERAL
FUND, FUND BALANCE FOR THE PURCHASE OF DATA SYSTEM SOFTWARE INCLUDING
RELATED HARDWARE AND A FIRE TRUCK INCLUDING RELATED EQUIPMENT
Fire Chief Brian Dunn presented background information. Assistant City Manager Rick Weise stated this
does not affect the coming year budget and would take the previous software request off the department’s
request list. He further stated this is a onetime expense.
Responding to a question from Councilmember Vardeman, Chief Dunn informed the system will include the
Fire and Fire Marshal departments.
Motion, to authorize the rollover of funds, as presented, was made by Councilmember Vardeman and seconded
by Councilmember Self. Motion carried unanimously.
Assistant City Manager/Chief Financial Officer Michael Dane stated staff will present this action as part of a
future budget amendment.
RECESS
At 11:48 A.M., Mayor Morrison called a recess.
RECONVENE
At 12:12 P.M., Council reconvened, and the following business was transacted:

Minutes
EXECUTIVE/CLOSED SESSION
At 12:12 P.M., Council convened in Executive Session under the provision of Government Code, Title 5. Open
Government; Ethics, Subtitle A. Open Government, Chapter 551. Open Meetings, Subchapter D. Exceptions to
Requirement that Meetings be Open, Section 551.071(2) to consult with attorney on a matter in which the duty
of the attorney to the governmental body under the Texas Disciplinary Rules of Professional Conduct of the
State Bar of Texas clearly conflicts with this chapter regarding West Texas Water Partnership; Section 551.072
to deliberate the purchase, exchange, lease, or value of real property at 1) Lake Nasworthy Lease Lots, 2) Red
Arroyo Hills Addition, and 3) West Texas Water Partnership; and, Section 551.074(a)(1) to deliberate the
appointment, employment, evaluation, reassignment, duties, discipline, or dismissal of the City Manager.
RECESS
At 2:20 P.M., Mayor New called a recess.
RECONVENE
DISCUSSION AND CONSIDERATION OF MATTERS RELATED TO THE FISCAL YEAR 2013-2014
BUDGET INCLUDING:
SECOND PUBLIC HEARING OF A PROPOSED PROPERTY TAX LEVY FOR THE CITY OF SAN
ANGELO FOR THE 2013 TAX YEAR;
SECOND PUBLIC HEARING AND ADOPTION OF AN ORDINANCE OF THE CITY OF SAN ANGELO
APPROVING AND ADOPTING THE FY 2014 BUDGET AND RELATED MATTERS(Page , #2013-09-
120)
AN ORDINANCE OF THE CITY OF SAN ANGELO APPROVING AND ADOPTING THE BUDGET FOR
THE FISCAL YEAR BEGINNING OCTOBER 1, 2013, AND ENDING SEPTEMBER 30, 2014;
ADOPTING EMPLOYEE COMPENSATION SCHEDULES; PROVIDING FOR THE GENERAL
APPROPRIATION OF FUNDS; RESERVING UNTO THE CITY COUNCIL THE AUTHORITY TO
TRANSFER APPROPRIATIONS BUDGETED; RATIFYING TRANSFERS OF APPROPRIATIONS
OCCURRING IN THE 2012-2013 FISCAL YEAR AND AMENDING THAT BUDGET ORDINANCE
ACCORDINGLY; RESERVING UNTO THE CITY COUNCIL THE POWER, ONLY AS PERMITTED BY
LAW, TO AMEND OR MAKE CHANGES IN THE BUDGET FOR MUNICIPAL PURPOSES;
PROVIDING AUTHORITY FOR THE CITY MANAGER OR HIS DESIGNEE TO MAKE CERTAIN
ADJUSTMENTS FROM TIME TO TIME IN OR BETWEEN BUDGETED ALLOCATIONS;
AUTHORIZING THE CITY MANAGER OR HIS DESIGNEE TO APPLY FOR CERTAIN GRANTS AND
EXECUTE ANY RELATED DOCUMENTS; AND, PROVIDING FOR FILING OF THE BUDGET
THIS BUDGET WILL RAISE MORE TOTAL PROPERTY TAXES THAN LAST YEAR’S BUDGET BY
$526,345 (1.86%), AND OF THAT AMOUNT, $328,722 IS TAX REVENUE TO BE RAISED FROM NEW
PROPERTY ADDED TO THE TAX ROLL THIS YEAR
Budget Manager Morgan Chegwidden presented background information. A copy of the presentation is part
of the Permanent Supplemental Record.
Mayor Morrison opened the floor to hear public comment. No public comments were made. Mayor closed the
public comment period.
General discussion was held on the cemetery improvements which would be considered during Capital
Improvement discussion, Development Corporation budget, the ½ sales tax designations and appropriations,
and creating perpetual funds for perpetual projects, e.g. parks, cemetery, etc.
Councilmember Vardeman suggested Council discuss and review the ½ sales tax appropriations at a future
meeting.

Minutes Page 759
Due to time constraints, Mayor Morrison suggested approving the budget as presented, with the understanding
any recommended changes to the budget will be presented and approved as an amendment.
Motion, to adopt the Ordinance, as presented, was made by Councilmember Silvas and seconded by Mayor
Morrison.
Assistant City Manager Rick Weise reminded Council the additional water request for the sports complex has
not been addressed in this budget. Council stated such changes will be addressed at a future meeting.
Councilmember Wardlaw suggested the amendments should be addressed at the next meeting. With respect
for water at the cemetery and parks, he suggested finding monies to support these departments and exempt the
department’s allocations from the budget process. However, he suggested staff should continue to include the
sports complex.
City Council suggested staff distribute the pay plan classification presentation in the Friday Packet.
Further discussion was held on the Capital Improvement Plan projects, specifically the Fairmount Cemetery
columbaria Phase I project.
Motion, to amend the budget to include $316K of Capital Improvement Plan funds to finance the columbaria at
Fairmount Cemetery, was made by Councilmember Wardlaw and seconded by Councilmember Farmer.
Motion carried unanimously.
FIRST PUBLIC HEARING AND ADOPTION OF AN ORDINANCE LEVYING PROPERTY TAXES FOR
THE CITY OF SAN ANGELO FOR THE 2013 TAX YEAR:
AN ORDINANCE FIXING AND LEVYING AD VALOREM TAXES FOR THE CURRENT TAX YEAR
FOR THE USE AND SUPPORT OF THE MUNICIPAL GOVERNMENT OF THE CITY OF SAN
ANGELO, TEXAS, FOR THE 2013-2014 BUDGET YEAR; PROVIDING FOR THE ASSESSMENT AND
COLLECTION THEREOF; PROVIDING WHEN THE TAX SHALL BECOME DUE; PROVIDING WHEN
THE TAX SHALL BECOME DELINQUENT; PROVIDING FOR EXEMPTIONS; PROVIDING FOR
SEVERABILITY; PROVIDING FOR PUBLICATION ON THE CITY OPERATED WEB SITE; AND,
PROVIDING FOR AN EFFECTIVE DATE
THE PROPERTY TAX RATE WILL BE INCREASED BY THE ADOPTION OF A TAX RATE OF
0.776/$100, WHICH IS EFFECTIVELY A 4.75% PERCENT INCREASE IN THE TAX RATE
Budget Manager Morgan Chegwidden presented background information. A copy of the presentation is part
of the Permanent Supplemental Record.
Motion, to set the ad valorum property tax rate at 0.776/per $100 valuation for the FY 2013-2014, as
presented, was made by Councilmember Farmer and seconded by Councilmember Vardeman. Motion carried
unanimously.
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:
Design & Historic Review Commission: Ashley Young Turner (SMD3) to an unexpired term September 2014
Planning Commission: John Young (SMD3) to an unexpired term January 2015
Motion, to approve the board nominations by Council and designated Councilmembers, was made by
Councilmember Silvas and seconded by Councilmember Self. Motion carried unanimously.
ANNOUNCEMENTS AND CONSIDERATION OF FUTURE AGENDA ITEMS

Minutes
The Regular City Council meeting on Tuesday, October 15, 2013, will be held at 5:30 P.M.
City Manager Daniel Valenzuela distributed the proposed September 17, 2013 Agenda and solicited Council
comments and suggestions.
Councilmember Farmer suggested creating a committee to work with Human Resources Director Lisa Marley
on employee evaluation process, including the meet/exceeds performance categories. Committee should
consist of City Manager Daniel Valenzuela and Councilmembers Vardeman and Farmer.
Councilmember Self requested a review of all leases for recreational purposes.
Councilmember Wardlaw and Mayor Morrison requested a discussion item and possible action on removing
the wastewater Payment in Lieu of Taxes (PILOT) fee.
Councilmember Vardeman requested a review of the ½ sales tax appropriations.
RECESS
At 3:05 P.M., Mayor Morrison called a recess.
RECONVENE
EXECUTIVE SESSION
At 3:07 P.M., Council convened in Executive Session under the provision of Government Code, Title 5. Open
Government; Ethics, Subtitle A. Open Government, Chapter 551. Open Meetings, Subchapter D. Exceptions to
Requirement that Meetings be Open, Section 551.074(a)(1) to deliberate the appointment, employment,
evaluation, reassignment, duties, discipline, or dismissal of the City Manager.
RECESS
At 4:05 P.M., Mayor Morrison called a recess.
RECONVENE
At 4:07 P.M., Council reconvened, with the exception of Councilmember Farmer, and the following business
was transacted:
ADJOURNMENT
Motion, to adjourn, was made by Councilmember Self and seconded by Councilmember Silvas. Motion
carried unanimously.
The meeting adjourned at 4:09 P.M.
THE CITY OF SAN ANGELO
___________________________________
Dwain Morrison, Mayor
ATTEST:
_______________________________
Alicia Ramirez, City Clerk
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.)

P R O C L A M A T I O N
WHEREAS, “Beat the Snyder Tigers” is on lips of all involved in the
Lake View Homecoming football game; and
WHEREAS, “Beat the Snyder Tigers” will be shouted even louder as
the September 27th
Homecoming gets closer; and
WHEREAS, “Beat the Snyder Tigers” will take the Big Blue onto the
football field as Head Coach Doug Kuhlmann leads the
Chiefs to an anticipated, resounding victory.
NOW, THEREFORE, I, Dwain Morrison, Mayor of the City of San Angelo,
Texas, on behalf of the City Council, do hereby proclaim Friday, September
27, 2013 as
“LAKE VIEW HIGH SCHOOL HOMECOMING
. . . BEAT THE SNYDER TIGERS” DAY
in support of the hardworking Lake View High School students and football
team and all their strong and dedicated fans.
IN WITNESS WHEREOF, I have
hereunto set my hand and caused the
Seal of the City to be affixed this 27th
day of September, 2013.
THE CITY OF SAN ANGELO
___________________________
DWAIN MORRISON, MAYOR

Employee Recognition
Name: Darlene Luna
Accomplishment: Received State of Texas Procurement Certification Training 08/01/13

The City of San Angelo Purchasing Division believes that all procurement professionals should have all of
the tools necessary to perform tasks that will result in best value contracts and acquisitions for the City.
Obtaining State of Texas procurement certifications demonstrates that our Purchasing personnel have
knowledge of the Texas Public Purchasing requirements, state and local procurement laws, ethical
standards, and various methods of procurement processes available to ensure that purchases of
materials, equipment, services, will result in best value, high quality contracts.
Proactive knowledgeable Purchasers maximize the value of public funds by assisting all City
departments in the procurement of goods and services that in turn provide quality services to our
taxpayers.
Furthermore, certification ensures that our Purchasing personnel understand that purchasing must
be accomplished utilizing the highest ethical standards in their promotion of fair and open bidding
competition.

Adopted: 5/30/03
Revised: 6/21/10
City of San Angelo
Memo
Date: August 23, 2013
To: Mayor and Councilmembers
From: Ricky Dickson, Water Utilities Director
Subject: Agenda Item for September 17, 2013 Council Meeting
Contact: Ricky Dickson; 657-4209
Caption: Consent Item
Consideration of awarding RFB WU-13-13 Chlorine bid to DPC Industries
Inc. (Sweetwater, Tx) in the amount of $69,300.00 for liquid chlorine for use
in the Water Treatment Plant.
Summary: Bids have been received from 2 suppliers for the purchase of liquid chlorine for
use at the water treatment plant. The low bid was submitted by DPC Industries,
Inc. of Sweetwater, Texas.
History: Liquid chlorine and ammonia are used to disinfect drinking water at the city’s water
treatment plant. When combined, these chemicals are used to provide both the
initial disinfection of the water and residual disinfection throughout the distribution
system.
Financial Impact: Total estimated annual expenditure of $69,300.00. 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:

CITY OF SAN ANGELO
BID TAB
WU-13-13 Chlorine/August 14, 2013
Description
Est. Qty
Pounds $/Pound Extended $/Pound Extended
Chlorine
200,000 lbs
(100 tons)
0.3600$ 72,000.00$ 0.3465$ 69,300.00$
Requests for Bids were mailed to:
Altivia Corp. Houston, TX
Brenntag Southwest Houston, TX
DPC Industries Inc. Sweetwater, TX
Environmental Chemical Corp San Antonio, TX
Gulbrandsen Technologies, Inc. Clinton, NJ
Harcros Chemical. Inc. Dallas, TX
Hydro Plus Abilene, TX
Kemira Water Solutions, Inc Lawrence, KS
Brenntag
3
DPC INDUSTRIES, Inc
3Delivery Days
C:Documents and SettingsKevin.KruegerLocal SettingsTemporary Internet FilesContent.OutlookZEXODQWZBID TAB-Final

City of San Angelo
Memo
Date: September 5, 2013
Subject: Consent Item for September 17, 2013 Council Meeting
Contact: Ricky Dickson, Water Utilities Director, 657-4209
Caption: Consideration of approving a new lake lot residential lease with the following Lessee
and authorizing the Mayor, City Manager, or Water Utilities Director to execute the
same:
David Jonas and Peggy Jonas, Lot 20, Group 15, Lake Nasworthy Subdivision
2378 Fishermans Road
Summary: Lessee requests a new 40 year lease necessary for financing purposes. Per Section
6.100(3)(B) Rent Escalation When New Lease is Required Before Termination,
annual rent will be adjusted based on the number of years remaining on the term of
the current lease or until December 31, 2016, whichever is later. The term of the
current lease ends April 30, 2036 at which time the annual rent will be adjusted to
appraised market value of land multiplied by a factor of 0.08.
History: Lessee is in good standing as to all lease obligations.
Financial Impact:
Current Lease expires: April 30, 2036
Current Yearly Lease Fee 2014-2015 $571.00
2016-2025 $685.00
2026-2035 $822.00
New Lease expires: April 30, 2053
New Lease Fees: 2014-2015 $701.00
2016-2025 $841.00
2026-2035 $1,009.00
2036-2052 Market Value
Related Vision Item (if applicable): None.
Other Information/Recommendation: It is recommended that the lease renewal be approved
and the Water Utilities Director be authorized to execute the lease. Staff recommends approval.
Attachments: Lease Renewal Agreement (David Jonas and Peggy Jonas)
Presentation: None.
Publication: None.

Reviewed by Service Area Director: Ricky Dickson, Water Utilities Director, September 5,
2013.
Reviewed by Office of City Attorney: Lysia H. Bowling, City Attorney, September 5, 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 Avenue, San Angelo, Tom Green
County, Texas 76903, and DAVID CHARLES JONAS and PEGGY JEAN JONAS, husband and wife,
whose address is 2378 Fishermans Road, San Angelo, Tom Green County, 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:
Surface Estate only in and to Lot Twenty (20), Block One (1), Group Fifteen (15), Lake
Nasworthy Addition to the City of San Angelo, Tom Green County, Texas, according to
the map or plat of said addition of record in Plat Cabinet “F” at Slide #43 of the Records
of Tom Green County, Texas (also commonly known as 2378 Fishermans 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
September 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 Billing Department,
122 W. 1st
Street, 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 of each year
during the term of this lease in accordance with the following schedule:
Dates Annual Rent
For the Years 2014 Through 2015 $701.00
For the Years 2016
For the Years 2026
For the Years 2036
Through 2025
Through 2035
Through 2052
$841.00
$1,009.00
Market Value *

2
* 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 and any applicable 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, under the terms and conditions of
this Lease, 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 or amended 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 deemed 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
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

6
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

7
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’S SUCCESORS 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
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.

8
(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.
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

9
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 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 OF THIS LEASE
BY TENANT, 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

10
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
14.10 All notices concerning this lease shall be in writing and delivered to the parties at the addresses
below:
LESSEE: David Charles Jonas and Peggy Jean Jonas
2378 Fishermans Road
San Angelo, Texas 76904
LESSOR: City of San Angelo
Attn: Water Utilities Director
72 W. College
SURVIVAL
14.11 Notwithstanding anything to the contrary in this Agreement, the provisions of Parts X.
RELESE, XI. INDEMNIFICATION, and XIII. ABANDONMENT, DEFULT AND REMEDIES shall
survive the expiration or termination of this Lease agreement (regardless of the manner or basis of
termination) in accordance with their terms.
[Signature Page to Follow]

11
EXECUTED in duplicate originals on the _____day of _____________________, 2013 by:
LESSEE:
DAVID CHARLES JONAS and PEGGY JEAN JONAS
David Charles Jonas
Peggy Jean Jonas
STATE OF TEXAS §
COUNTY OF TOM GREEN §
This instrument was acknowledged before me on the _____day of ________________, 2013
by David Charles Jonas and Peggy Jean Jonas.
Notary Public, State of Texas
LESSOR: CITY OF SAN ANGELO
BY:
RICKY DICKSON
Water Utilities Department
STATE OF TEXAS §
This instrument was acknowledged before me on the _____day of ________________, 2013
by Ricky Dickson, as Director of Water Utilities of the City of San Angelo, a Texas home rule
municipal corporation, on behalf of said corporation.

City of San Angelo
Memo
Date: September 5, 2013
Subject: Consent Item for September 17, 2013 Council Meeting
Contact: Ricky Dickson, Water Utilities Director, 657-4209
Caption: Consideration of approving a new lake lot residential lease with the following Lessee
and authorizing the Mayor, City Manager, or Water Utilities Director to execute the
same:
Dee Sims and Paula Sims, Lot 17, Group 9, Lake Nasworthy Subdivision
1906 South Concho Drive
Summary: Lessee requests a new 40 year lease necessary for financing purposes. Per Section
6.100(3)(B) Rent Escalation When New Lease is Required Before Termination, annual
rent will be adjusted based on the number of years remaining on the term of the current
lease or until December 31, 2016, whichever is later. Current lease states annual rent
will be adjusted to appraised market value of land multiplied by a factor of 0.08 on October
1, 2019.
History: Lessee is in good standing as to all lease obligations.
Financial Impact:
Current Lease expires: September 30, 2037
Current Yearly Lease Fee 2013-2016 $790.00
2017-2018 $948.00
New Lease expires: August 31, 2053
New Lease Fees: 2013-2016 $926.00
2017-2018 $1,111.00
Related Vision Item (if applicable): None.
Other Information/Recommendation: It is recommended that the lease renewal be approved
and the Water Utilities Director be authorized to execute the lease. Staff recommends approval.
Attachments: Lease Renewal Agreement (Dee Sims and Paula Sims)
Presentation: None.
Publication: None.
Reviewed by Service Area Director: Ricky Dickson, Water Utilities Director, September 5,
2013.
Reviewed by Office of City Attorney: Lysia H. Bowling, City Attorney, September 5, 2013

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 Dee Sims and Paula Sims, husband and wife, whose address is 861 Hohmann, San Angelo, Tom
Green County, Texas 76905 ("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:
Surface Estate only in and to Lot 17, Group 9, Lake Nasworthy Subdivision,
City of San Angelo, Tom Green County, Texas, according to the map or plat
in Volume 2, Page 387, Plat Records, Tom Green County, Texas (also
commonly known as 1906 South Concho Drive).
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 September 1,
2013 and ending August 31, 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 Billing Department, 122 W. 1st
Street, 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
* 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.
For the Years 2013 Through 2016 $926.00
For the Years 2017
For the Years 2019
Through 2018
Through 2052
$1,111.00
Market Value *
LESSEE:
Dee Sims and
Paula Sims

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.
3.5 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.
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
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 FOR LESSEE AND LESSEE’S SUCCESORS 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
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.
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 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
14.10 All notices concerning this lease shall be in writing and delivered to the parties at the addresses
below:
LESSOR: City of San Angelo
Attn: Water Utilities Director
72 W. College
SURVIVAL
14.11 Not withstanding anything to the contrary in this Agreement, the provisions of Parts X. RELESE, XI.
INDEMNIFICAITON, and XIII. ABANDONMENT, DEFULT AND REMEDIES shall survive the
expiration or termination of this Lease agreement (regardless of the manner or basis of termination) in
accordance with their terms.
[Signature Page to Follow]
For the Years 2013 Through 2016 $9
For the Years 2017
For the Years 2019
Through 2018
Through 2052
$1
M

EXECUTED in duplicate originals on the _____day of _____________________, 2013 by:
LESSEE
Dee Sims
Paula Sims
STATE OF TEXAS §
This instrument was acknowledged before me on the _____day of ________________, 2013 by Dee Sims
and Paula Sims.
CITY OF SAN ANGELO, LESSOR
BY:
RICKY DICKSON
Water Utilities Department
STATE OF TEXAS §
This instrument was acknowledged before me on the _____day of ________________, 2013 by Ricky
Dickson, as Director of Water Utilities of the City of San Angelo, a Texas home rule municipal corporation,
on behalf of said corporation.

City Council September Agenda

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City Council September Agenda