July 16, 2013 Agenda packet

City Council Agenda Page 1 of 5 July 16, 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, July 16, 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
C. Proclamation
“Americans with Disabilities Act (ADA) Awareness Day”, July 25, 2013, to be accepted by Mary
Palos and Rosalinda Rivera with Disability Connections Resource Center
D. Public Comment
The Council takes public comment on all items in the Regular Agenda. Public input on a Regular Agenda
item will be taken at its appropriate discussion. Public input on an item not on the Agenda or Consent
Agenda may be identified and requested for consideration by the Council at this time. The Council may
request an item to be placed on a future agenda, or for a Consent Agenda item, to be moved to the Regular
Agenda for public comment.
II. CONSENT AGENDA
1. Consideration of approving the June 25, 2013 City Council Special meeting minutes and July 2, 2013
City Council Regular meeting minutes
2. Consideration of approving new lake lot residential lease located at Lot 58A, Group Shady Point,
1602 Shady Point Circle (Steely) and authorizing the Mayor, City Manager, or Water Utilities
Director to execute the same (submitted by Ricky Dickson Water Utilities Director)
3. Consideration of adopting 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:
a. 329 13th Street, (Perez), Lot 2, Block 2, Pecan Place, $750, Suit No.TAX90-0083B
b. 105 Railroad Avenue, (Perez), Lot 9, Salvato S/D of Block 2 of Kirby S/D, $750, Suit No.B-4723-
B

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(1) to consult with attorney regarding Red Arroyo and West Texas Water Partnership
• Section 551.072 to deliberate the purchase, exchange, lease, or value of real property regarding Red
Arroyo
• Section 551.074(1) to deliberate the appointment, evaluation, reassignment, duties, discipline, or
dismissal of the San Angelo City Manager, Assistant City Managers, all the Department Directors, and
Acting or Interim Department Directors
G. PUBLIC HEARING AND COMMENT
4. Consideration of approving an amendment to the Vision Plan Component of the San Angelo
Comprehensive Plan Update adopted in 2009, specifically properties located between 43rd
Street to the
North, Coliseum Drive to the East, 40th
Street to the South and Grape Creek Road and Chadbourne
Street to the West, in Northwestern San Angelo
(Presentation by Interim Senior Planner Jeff Hintz)
5. First Public Hearing and consideration of introducing an Ordinance amending Chapter 12, Exhibit
“A” (Zoning Ordinance) of the Code of Ordinances, City of San Angelo
Z13-20: David Jenson
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: 1650 Iowa Avenue, 1649 and 1650 Nebraska Avenue, located
at the east corner lots at the intersections of Nevada Drive and Iowa Avenue and Nevada Drive and
Nebraska Avenue. This property specifically occupies the Capitol Heights Addition, Section 5, Block
6, Lot 42 and Block 11, Lot 1 and Lot 26, in southwest San Angelo, changing the zoning classification
from Zero Lot Line, Twinhome and Townhouse Residential (RS-3) to Single-Family Residential (RS-
1) District; PROVIDING FOR SEVERABILITY AND PROVIDING A PENALTY
(Presentation by Interim Senior Planner Jeff Hintz)
6. First Public Hearing and consideration of introducing an Ordinance amending Chapter 12, Exhibit
“A” (Zoning Ordinance) of the Code of Ordinances, City of San Angelo
Z 13-21: Clark Wilson
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: 3704, 3712, & 3720 North Chadbourne Street, located
directly southeast of the intersection of North Chadbourne Street, West 38th
Street, and Coliseum
Drive, and 175 feet northeast of the intersection at North Chadbourne Street and East 37th
Street; more
specifically occupying approximately 2 acres out of the Mather Addition No. 2; portions of Blocks 11
& 12 including the North 79.45 feet of south 229.45 feet of the west part of Blocks 11 & 12; the north
70.8 feet of South 300.25 feet of the west part of Blocks 11 & 12 and the south 170 feet of north 303
feet of west 318.83 feet of Blocks 11 & 12 in northwest San Angelo, changing the zoning

classification from a General Commercial/Heavy Commercial (CG/CH) &Single-Family Residential
(RS-1) to a General Commercial (CG) District; PROVIDING FOR SEVERABILITY AND
PROVIDING A PENALTY
(Presentation by Interim Director of Development Services AJ Fawver)
7. First Public Hearing and consideration of introducing an Ordinance annexing approximately 24.484
acres situated immediately west/southwest of San Angelo and encompassing a vacant 24.484 acre tract
extending northwest from Mills Pass Drive, and located directly west of an 8.995 acre tract annexed to
the City Limits on March 5, 2013 that comprises the proposed Prestonwood Addition, Section Two
(Presentation by Interim Director of Development Services AJ Fawver)
8. Consideration of adopting a Resolution recommending to the Texas Department of Transportation that
Concho Valley Transit District (CVTD) be chosen as the direct recipient for federal funds in
accordance with Title 49, Subtitle III, Chapter 53, Section 5307 of the United States Code, for the San
Angelo urbanized area; authorizing the City Manager to execute any documents required to evidence
the City’s support of CVTD as the direct recipient for Federal Section 5307 Funding; and, providing
for an effective date
(Presentation by Finance Director Tina Bunnell)
9. Public Hearing and consideration of approving the 2013 Annual Action Plan for use of Community
Development Block Grant (CDBG) and HOME Investment Partnerships (HOME) funds and
authorizing City Manager to execute the applications, required certifications, related documents, and
annual funding agreements for $739,584.00 of CDBG funds and $245,399.00 of HOME grant funds
(Presentation by Neighborhood and Family Services Director Bob Salas)
10. Consideration of approving a request for permit for the transport and disposal of garbage, trash, and
debris within the San Angelo city limits and any service that is allowed by state law or city ordinance
that does not conflict with the City’s contract with Republic Waste Services of Texas and the
exclusive rights granted by that contract to Republic Waste Services of Texas for the following
companies and authorizing the City Manager to execute any necessary related documents:
a. Texas Disposal Systems, Inc.
b. TxAlloy, Inc. DBA Acme Iron & Metal Co.
(Presentation by Operations Director Shane Kelton)
11. Presentation on the North Concho River and Trails Improvement Project
(Presentation by Carl White, Parks & Recreation Director)
12. Discussion and possible action concerning further employment of Carollo Engineers
(Requested by Councilmember Wardlaw)
13. Discussion and possible action concerning the employment of a new water consultant for the Hickory
Project and other water matters
(Requested by Councilmember Wardlaw)
14. First public hearing and consideration of introducing an Ordinance amending the Water Conservation
and Drought Contingency Plan
AN ORDINANCE OF THE CITY OF SAN ANGELO, TEXAS, AMENDING CHAPTER 11,
ARTICLE 11.200 “WATER CONSERVATION AND DROUGHT CONTINGENCY PLAN”, BY
AMENDING SUBPART (d) ENTITLED “WATER SUPPLY STAGE-DROUGHT LEVEL I”, OF
SECTION 11.203 “DROUGHT STAGES AND WATER MANAGEMENT MEASURES” TO

LIMIT WATERING OF LAWNS, GARDENS, LANDSCAPE AREAS, TREES, SHRUBS, GOLF
COURSES (EXCEPT GREENS) OR OTHER PLANTS BEING GROWN OUTDOORS TO ONCE
EVERY SEVEN DAYS; PROVIDING FOR SEVERABILITY; AND, PROVIDING FOR AN
EFFECTIVE DATE
(Presentation by Water Utilities Director Ricky Dickson)
15. Discussion of residential water consumption on number of accounts using more than 50,000 gallons a
month
(Presentation by Water Utilities Director Ricky Dickson)
16. Discussion and update on the progress and cost to date on the Hickory Aquifer Water Supply Project
including, but not limited to, contracts for construction and engineering
(Requested by Councilmember Farmer and presentation by Water Utilities Director Ricky Dickson)
17. Consideration of awarding Water Utility Bid WU-10-13, Groundwater Treatment Facility and
Miscellaneous Improvement Projects for the Hickory Aquifer Water Supply Project to PCL
Construction, Inc. (Irving, TX) in the amount of $27,132,193.00, authorizing the City Manager to
execute said contract, in substantially the attached form, and related documents
(Requested by Mayor Morrison and presentation by Water Utilities Director Ricky Dickson)
18. Consideration of adopting a Resolution of the City of San Angelo City Council awarding RFB No.
ES-01-13 “Engineering Services Avenue P Street & Drainage Improvement Project” to Reece Albert,
Inc., and authorizing the City Manager to negotiate and execute an agreement for construction of
Avenue P Street & Drainage Remediation Project between the City of San Angelo and Reece Albert,
Inc. in accordance with said bid award, in substantially the attached form, said agreement being
subject to rescission on December 31, 2013 should the necessary right-of-way and necessary
easements not be acquired by City before December 31, 2013, as provided for under such agreement
(Presentation by Interim City Engineer Tim Wolff)
19. Consideration of adopting a Resolution authorizing the acquisition of a permanent drainage utility
easement and temporary construction easement across certain real property east of S. Chadbourne
Street at Avenue “P” required for the Avenue “P” Street & Drainage Improvement Project; and
authorizing the City Manager to execute all contracts and other legal instruments necessary or
convenient to acquire said easements; finding a public use and benefit therefore; and authorizing
initiation of eminent domain proceedings pursuant to law if necessary to acquire the property for said
easements
(Presentation by Interim City Engineer Tim Wolff)
20. Discussion and possible action regarding the fiscal year 2013-2014 budget preparation
(Presentation by Assistant City Manager/Chief Financial Officer Michael Dane and Budget Manager
Morgan Trainer)
H. FOLLOW UP AND ADMINISTRATIVE ISSUES
21. Consideration of and possible action on matters discussed in Executive/Closed Session, if needed
22. Consideration of approving various Board nominations by Council and designated Councilmembers:
a. Civic Events Boards: Mikala Brownfield (SMD4) to an unexpired term October 2014
b. Planning Commission: Sammy Farmer (SMD4) to an unexpired term January 2015
23. Consideration of nominating and approving two City Council members to serve on the Investment
Oversight Committee

24. Announcements and consideration of Future Agenda Items
Consideration of conducting an evening meeting of the City Council once per quarter
25. 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, July 12, 2013, at 5:00 P.M.
/x/________________________
Alicia Ramirez, City Clerk

P R O C L A M A T I O N
WHEREAS, On July 26, 1990, President George H. Bush signed into law the
Americans with Disabilities Act (ADA) to ensure the civil rights of
people with disabilities establishing a clear and comprehensive
national mandate for the elimination of discrimination against
individuals with disabilities; and
WHEREAS, The ADA has expanded opportunities for Americans with disabilities
by reducing barriers and changing perceptions, increasing full
participation in community life; however, the full promise of the ADA
will only be reached if public entities remain committed in their efforts
to fully implement the ADA; and
WHEREAS, On the 23rd
anniversary of the Americans with Disabilities Act, we the
City of San Angelo celebrate and recognize the progress that has been
made by reaffirming the principals of equality and inclusion and
recommitting our efforts to reach full ADA compliance.
NOW, THEREFORE, I, Dwain Morrison, Mayor of the City of San Angelo, Texas, on
behalf of the City Council, do hereby reaffirm our commitment to work toward full
ADA compliance in the City of San Angelo and proclaim
July 25, 2013
as
ADA Awareness Day
In San Angelo, Texas, and urge all citizens to support this committed effort.
IN WITNESS WHEREOF, I have
hereunto set my hand and caused the
Seal of the City to be affixed this 19th
day of July, 2013.
THE CITY OF SAN ANGELO
___________________________
Dwain Morrison, Mayor

CITY COUNCIL MINUTE RECORD
The City of San Angelo Page 393
Tuesday, June 25, 2013 Vol. 104
OPEN SESSION
BE IT REMEMBERED City Council convened in a special meeting at 9:07 A.M., Tuesday, June 25, 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, Alvin New
Councilmember Paul Alexander
Councilmember Marty Self
Councilmember Johnny Silvas
Councilmember Don Vardeman
Councilmember Kendall Hirschfeld
Councilmember Charlotte Farmer
were present and acting, with the exception of Councilmember Farmer, thus constituting a quorum.
Whereupon, the following business was transacted:
An invocation was given by and pledge was led by Mayor New.
REGULAR AGENDA: PUBLIC HEARING AND COMMENT
ADOPTION OF A RESOLUTION CANVASSING THE RETURNS AND DECLARING THE RESULTS OF
THE RUNOFF ELECTION ON JUNE 15, 2013
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN ANGELO, TEXAS, CANVASSING
RETURNS OF A RUNOFF ELECTION HELD IN SAID CITY ON THE 15TH
DAY OF JUNE, 2013, FOR
THE PURPOSE OF ELECTING A MAYOR AND FOR THE PURPOSE OF ELECTING MUNICIPAL
OFFICERS TO FILL VACANCIES FOR UNEXPIRED TERMS FOR SINGLE MEMBER DISTRICT 1
AND SINGLE MEMBER DISTRICT 5; DECLARING RESULTS OF THE RUNOFF ELECTION;
PROVIDING A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE
City Clerk Alicia Ramirez presented background information. Mayor New read the results of the election into
the record.
It is determined that the following candidates received a majority of the votes for the office for which they
were candidates: Dwain Morrison, Mayor, Rodney Fleming, Councilmember, Single Member District 1; and,
H.R. “Winkie” Wardlaw, Councilmember, Single Member District 5; therefore, have been elected.
May I have a motion to accept the findings and adopt the resolution?
Motion, to adopt the Resolution to accept the findings, as presented, was made by Councilmember Hirschfeld
and seconded by Councilmember Silvas. Motion carried unanimously.
ADMINISTRATION OF OATHS OF OFFICE FOR MAYOR AND SINGLE MEMBER DISTRICT
REPRESENTATIVES 1 AND 5, AND PRESENTATION OF CERTIFICATES OF ELECTION
City Clerk Alicia Ramirez administered the oaths and Mayor New presented the Certificates of Election.
INTRODUCTION OF SPECIAL GUESTS
Newly elected City Council members introduced their special guest and thanked their supports.

Minutes
Vol. 104 Date, 2013
ADJOURNMENT
Motion, to adjourn, was made by Councilmember Hirschfeld and seconded by Councilmember Morrison.
Motion carried unanimously.
The meeting adjourned at 9:47 A.M.
___________________________________
Alvin New, Mayor
ATTEST:
_______________________________
In accordance with Chapter 2, Article 2.300, of the Official Code of the City of San Angelo, the minutes of this
meeting consist of the preceding Minute Record and the Supplemental Minute Record. Details on Council
meetings may be obtained from the City Clerk’s Office or a video of the entire meeting may be purchased from
the Public Information Officer at 481-2727. (Portions of the Supplemental Minute Record video tape
recording may be distorted due to equipment malfunction or other uncontrollable factors.)

CITY COUNCIL MINUTE RECORD
The City of San Angelo Page 393
Tuesday, July 2, 2013 Vol. 104
OPEN SESSION
BE IT REMEMBERED City Council convened in a regular meeting at 9:05 A.M., Tuesday, July 2, 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 Mayor Morrison and pledge was led by Karli Bucks, daughter of Jamie Bucks of
the Finance Department.
PROCLAMATION AND RECOGNITIONS
“Texas Hunger Initiative – Kids Eat Program”, Monday, July 8th
, was accepted by Mary Herbert, Regional
Director, Texas Hunger Initiative and Betty Teston, Child Hunger Outreach Specialist, Texas Hunger
Initiative, of the San Angelo Office
Whataburger Restaurant at 4646 Knickerbocker Road, was accepted by Eleanor Hooten and Anna Meza,
Managers
City of San Angelo for receiving the Texas Comptroller Silver Leadership Circle Award recognizing the City
for their continued progress towards achieving financial transparency, to be accepted by Morgan Chegwidden,
Budget Manager, Laura Brooks, Senior Budget Analyst, and Bill Smith, Chief Accountant
PUBLIC COMMENT
Public comments were made by the following: Glenda Harbert and Jerry Sea representatives of West Texas
Opportunity Strategy; Jan Bartlett representing Joe Bennett regarding the renewal process of the Lake
Nasworthy properties; Ann West on behalf of the Friends of Fairmount organization regarding the funding of
the Master Plan Phase I; and Ann Joseph regarding safety issues on North and South bound Bryant particularly
Loop 306, suggested adding directional signage on North and South bound Bryant particularly at the
commercial establishments, and policing of the oil industry water usage.
Responding to Ms. Bartlett, Councilmember Farmer informed Council and staff are aware of the issue and are
working on a solution.
Councilmember Farmer apologized to the Christian Reporter News blog representatives noting the news source
had been dropped from the City’s news update email to City Council. She also offered her condolences to the
recent loss of firefighters in Arizona.
Councilmember Silvas commented on the condition and maintenance of the North Concho River
Rehabilitation project staging area.
Councilmember Farmer commented on various items on the agenda.

Minutes
Vol. 104 July 2, 2013
Councilmember Wardlaw commented on requested items not being placed on the agenda and subject matters
pertaining to executive/closed session. He read an Attorney General opinion MW129 into the record.
CONSENT AGENDA
APPROVAL OF THE JUNE 18, 2013 CITY COUNCIL REGULAR MEETING MINUTES
CONSIDERATION OF AWARDING BID WU-06-13 FOR THE 2013 WATER LINE IMPROVEMENTS
CONTRACT NO. 1 TO QRO MEX CONSTRUCTION COMPANY, INC. OF GRANITE SHOALS, TEXAS
IN THE AMOUNT OF $1,344,648.00, AND AUTHORIZATION FOR THE CITY MANAGER TO
EXECUTE SAID CONTRACT, IN SUBSTANTIALLY THE ATTACHED FORM, AND ANY RELATED
DOCUMENTS
CONSIDERATION OF AWARDING BID WU-05-13 WATER UTILITIES GRINDER PUMPS AND
SPARE PARTS TO MORRISON SUPPLY COMPANY AND SMITH PUMP COMPANY, INC. BASED ON
LOWEST UNIT BID IN COMPLIANCE WITH THE BID REQUIREMENTS FOR EACH SPECIFIC ITEM
AUTHORIZATION FOR THE SALE OF 6630 KNICKERBOCKER ROAD (MARTINEZ) FOR THE
APPRAISED VALUE OF $21,612.00 AND AUTHORIZING THE MAYOR, CITY MANAGER, OR
WATER UTILITIES DIRECTOR TO EXECUTE ALL NECESSARY LEGAL DOCUMENTS
PERTAINING TO THE SALE OF SUBJECT PROPERTY, SUBJECT TO COMPLETION OF ALL
CURATIVE REQUIREMENTS (SUBMITTED BY WATER UTILITIES DIRECTOR RICKY DICKSON)
AUTHORIZATION FOR THE PAYMENT IN THE AMOUNT OF $63,646.00 TO MIDWEST
EMPLOYERS CASUALTY COMPANY FOR EXCESS WORKERS COMPENSATION DEPOSIT
PREMIUM FOR POLICY YEAR 7/1/13-7/1/14 (SUBMITTED BY RISK MANAGER JOHN SEATON)
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: (SUBMITTED BY REAL ESTATE
ADMINISTRATOR CINDY PREAS)
• 213 W Avenue R, (Perez), Lot 18, of the L.T. Jones Subdivision of the East ½ of Block 140, Fort Concho,
$750, Suit No. TAX90-0162B
• 1916 Shelton, (Orona), S ½ of Lot 12, Block 3, Home Acres, $2,500, Suit No. B-00-0043-T
CONSIDERATION OF ADOPTING A RESOLUTION AUTHORIZING RELEASE OF A 20 FOOT BY 300
FOOT UTILITY EASEMENT LOCATED WITHIN THE BOUNDS OF THE RED ARROYO HILLS
ADDITION, SECTION 5, BLOCK 2, LOT 4B IN SOUTHWEST SAN ANGELO, AND PROVIDING FOR
THE MAYOR TO EXECUTE AND DELIVER A LEGAL INSTRUMENT FORMALLY RELEASING AND
DISCHARGING SUCH EASEMENT
Motion, to approve the Consent Agenda, with the exception of 2, 3, and 7, as presented, was made by
Councilmember Silvas and seconded by Councilmember Farmer. Motion carried unanimously.
REGULAR AGENDA: PUBLIC HEARING AND COMMENT
POSTPONEMENT OF AWARDING BID WU-06-13 FOR THE 2013 WATER LINE IMPROVEMENTS
CONTRACT NO. 1 TO QRO MEX CONSTRUCTION COMPANY, INC. OF GRANITE SHOALS, TEXAS
IN THE AMOUNT OF $1,344,648.00, AND AUTHORIZATION FOR THE CITY MANAGER TO

Minutes Page 395
July 2, 2013 Vol. 104
EXECUTE SAID CONTRACT, IN SUBSTANTIALLY THE ATTACHED FORM, AND ANY RELATED
DOCUMENTS
Water Utilities Director Ricky Dickson presented background information. Councilmember Farmer
commented on the summary information related to family members, particularly specific companies submitting
bids on the project. Responding to a question by Councilmembers Vardeman and Silvas, Purchasing Manager
Roger Banks explained the local bidder preference and state purchasing restrictions noting contracts under
$100K receive local preference, and noted the project is in the Capital Improvement Program.
City Attorney Lysia H. Bowling concurred with Mr. Banks and explained the state statute. In conclusion, City
Council members request staff to research the probability of utilizing local preference on the bids submitted for
the project.
Motion, to postpone approval of the contract allowing staff further time to review and present requested
information, was made by Councilmember Vardeman and seconded by Councilmember Farmer. Motion
carried unanimously.
AWARD OF BID WU-05-13 WATER UTILITIES GRINDER PUMPS AND SPARE PARTS TO
MORRISON SUPPLY COMPANY AND SMITH PUMP COMPANY, INC. BASED ON LOWEST UNIT
BID IN COMPLIANCE WITH THE BID REQUIREMENTS FOR EACH SPECIFIC ITEM
Water Utilities Director Ricky Dickson presented background information.
Motion, to award the bid and not to exceed $12,396.00 for the total purchase, was made by Councilmember
Farmer and seconded by Councilmember Silvas. Motion carried unanimously.
ADOPTION OF A RESOLUTION AUTHORIZING RELEASE OF A 20 FOOT BY 300 FOOT UTILITY
EASEMENT LOCATED WITHIN THE BOUNDS OF THE RED ARROYO HILLS ADDITION, SECTION
5, BLOCK 2, LOT 4B IN SOUTHWEST SAN ANGELO, AND PROVIDING FOR THE MAYOR TO
EXECUTE AND DELIVER A LEGAL INSTRUMENT FORMALLY RELEASING AND DISCHARGING
SUCH EASEMENT
Interim Director of Development Services AJ Fawver presented background information. A copy of the
presentation is part of the Permanent Supplement Record.
Motion, to adopt the Resolution, as presented, was made by Councilmember Farmer and seconded by
Councilmember Silvas. Motion carried unanimously.
RECESS
At 10:07 A.M., Mayor Morrison called a recess.
RECONVENE
At 10:34 A.M., Council reconvened, and the following business was transacted:
PRESENTATION OF THE DOWNTOWN SAN ANGELO, INC., 1ST
QUARTER REPORT
DSA Executive Director Del Velasquez presented background information. A copy of the presentation is part
of the Permanent Supplement Record. Mr. Velasquez distributed the 2013 Summer Events brochure. A copy
of the report is part of the Permanent Supplemental Record.
General discussion was held on temporary structures within the downtown area, zoning classification and type
of use for temporary structures, and possibly extending the area.
DISCUSSION AND POSSIBLE ACTION REGARDING THE FISCAL YEAR 2013-2014 BUDGET
PREPARATION
Assistant City Manager/Chief Financial Officer Michael Dane and Budget Manager Morgan Chegwidden
presented background information. A copy of the presentation is part of the Permanent Supplement Record.
General discussion was held on the need to hold work sessions on the budget process.

Minutes
Vol. 104 July 2, 2013
Council suggested holding a budget workshop on July 16, 2013 at 1:00 p.m. which will be scheduled with the
regular meeting. Further determination will be made whether to hold a special meeting on July 23, 2013.
DISCUSSION AND POSSIBLE ACTION REGARDING EXCESS HOTEL OCCUPANCY TAX RECEIPTS
Assistant City Manager/Chief Financial Officer Michael Dane and Budget Manager Morgan Chegwidden
presented background information. A copy of the presentation is part of the Permanent Supplement Record.
General discussion was held on the possible revenue for FY 13, projects eligible for the funds, and the law that
outlines the use of the funds and options available to City Council, leveraging city dollars for particular
projects, and establishing a savings.
Public comments were made by Citizen Jim Turner regarding hotel stays beyond 30 days.
DIRECTION FOR STAFF TO SEEK SPONSORSHIPS FOR THE EVENT AND DENIAL TO ALLOCATE
$30,000.00 OF HOTEL OCCUPANCY TAX REVENUES TO A CITY EVENT ACCOUNT AND THE
CREATION OF REVENUE AND EXPENDITURE ACCOUNTS FOR CITY EVENTS, PRIMARILY
“RIVER FEST”
Parks and Recreation Director Carl White presented background information. A copy of the presentation is
part of the Permanent Supplement Record.
General discussion was held on the potential revenue stream, loan versus a “giveaway”, sponsorship by the
City versus the Chamber, and obtaining sponsorships for the event. In conclusion, the City Council opposed
the City’s sponsorship and suggested the City obtain corporate sponsorships.
Public comments were made by Louis Perez, Chairman for Parks and Recreation Advisory Commission in
support of the event, and Del Velasquez, Executive Director for Downtown San Angelo, Inc.
Motion, to approve the allocation, as presented, was made by Councilmember Silvas. Motion failed for lack of
a second.
Motion, to direct staff to seek sponsorships to cover expense for the event and denial of the allocation request,
was made by Councilmember Farmer and seconded by Councilmember Vardeman. Motion carries
unanimously.
UPDATE AND PRESENTATION ON HICKORY AQUIFER WATER SUPPLY PROJECT
Requested by Councilmember Farmer, Water Utilities Director Ricky Dickson presented background
information. A copy of the report/presentation is part of the Permanent Supplemental Record.
Motion, to postpone the item and direct staff to provide a report containing project cost as presented in the bid
packet as to what has been actually spent to-date, was made by Councilmember Farmer and seconded by
Councilmember Fleming. Motion carried unanimously.
DISCUSSION OF DROUGHT LEVELS AND RELATED MATTERS AS OUTLINED IN THE WATER
CONSERVATION DROUGHT CONTINGENCY PLAN
Water Utilities Director Ricky Dickson presented background information.
General discussion was held on the trigger points to enact a particular drought stage, whether to increase or
adjust the trigger points at all the drought levels, the unintended consequences of the ordinance and ordinance
amendments on businesses, adding allowances or exceptions to the ordinance, the number of citizens who
abused their water usage, the city’s water use in comparison to previous years, the positive impact of citizen’s
conservation efforts, the negative effects on property foundations due to the drought conditions, and the
negative effects of implementing restrictions in August versus September.
In conclusion, the following suggestions were made: amend Drought Stage Level I to watering once per week
instead of twice a week; impost higher rates for users with higher water consumption

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July 2, 2013 Vol. 104
Council requested staff present a list of residential users that utilize 50K or more of total water consumption,
including water sprinkler meters totals.
General discussion was held on the City’s usage today in comparison to 10 years ago and the negative effects
on revenue. Mayor Morrison caution as further restrictions are made, Council needs to be made aware of the
use of local aquifers.
Public comments were made by Citizens Ann Joseph, Jamie Lee Tabor, Jerry Sea,
Councilmember Farmer commented on the conservation efforts made by John Begnaud and recommend staff
increase the City’s efforts during the summer months on the government access channel and other mediums.
RECESS
At 12:15 P.M., Mayor Morrison called a recess.
RECONVENE
At 12:32 P.M., Council reconvened, and the following business was transacted:
EXECUTIVE/CLOSED SESSION
At 12:32 P.M., Council convened in Executive Session under the provision of Government Code, Title 5. Open
Government; Ethics, Subtitle A. Open Government, Chapter 551. Open Meetings, Subchapter D. Exceptions to
Requirement that Meetings be Open, Section 551.072 to deliberate the purchase, exchange, lease, or value of
real property; and, 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
RECESS
At 12:48 A.M., Mayor New called a recess.
RECONVENE
At 1:31 P.M., Council reconvened, with the exception of Councilmember Wardlaw, and the following business
was transacted:
UPDATE AND PRESENTATION ON MEDHAB, LLC, ECONOMIC INCENTIVE PROJECT
Requested by Councilmember Silvas, Assistant City Manager/Chief Financial Officer Michael Dane presented
background information.
Councilmember Wardlaw arrived to the meeting at 1:32 p.m.
Councilmember Silvas clarified the request originated from interested taxpayers.
Councilmember Farmer suggested possibly reducing the amount of the incentive and directed staff to prepare
an itemization or executive summary of the project for their Friday packet. Mr. Dane commented on the
concept of achieving the terms of the contract. Councilmember Farmer commented on the lack of companies
requesting incentives.
FOLLOW UP AND ADMINISTRATIVE ISSUES
CONSIDERATION OF MATTERS DISCUSSED IN EXECUTIVE/CLOSED SESSION
No action was taken on matters discussed in Executive/Closed Session.
APPROVAL OF A BOARD NOMINATION BY COUNCIL AND DESIGNATED COUNCILMEMBERS:
Civic Events Board: Darlene Jones (SMD5) to an unexpired term October 2014

Minutes
Vol. 104 July 2, 2013
Motion, to approve the board nomination by Council and designated Councilmembers, was made by
Councilmember Vardeman and seconded by Councilmember Self.
Development Corporation: Tommy Hiebert (SMD2) to an unexpired term February 2015 and Richard Crisp
(SMD5) to an unexpired term February 2015
Motion, to approve the board nominations by Council and designated Councilmembers, was made by
Councilmember Vardeman and seconded by Councilmember Self. AYE: Morrison, Fleming, Self, Silvas,
Vardeman, and Wardlaw. NAY: Farmer. Motion carried 6-1.
Planning Commission: Teri Jackson (SMD5) to an unexpired term January 2016
Motion, to approve the board nominations by Council and designated Councilmembers, was made by
Councilmember Vardeman and seconded by Councilmember Silvas. Motion carried unanimously.
Public comment was made by Citizen John Bariou requested the board appointment items be reconsidered due
to the appointment process and how the vacancy was created. He suggested the action on the appointment be
taken separate and apart. City Attorney Lysia H. Bowling explained the uniform policy adopted in 2012 by
City Council. Assistant City Manager/Chief Financial Officer Michael Dane further clarified the policy.
ANNOUNCEMENTS AND CONSIDERATION OF FUTURE AGENDA ITEMS
City Manager Daniel Valenzuela distributed the proposed July 16, 2013 Agenda and solicited Council
comments and suggestions.
ADJOURNMENT
Motion, to adjourn, was made by Councilmember Hirschfeld and seconded by Councilmember Morrison.
Motion carried unanimously.
The meeting adjourned at 2:11 P.M.
___________________________________
Alvin New, Mayor
ATTEST:
_______________________________
In accordance with Chapter 2, Article 2.300, of the Official Code of the City of San Angelo, the minutes of this
meeting consist of the preceding Minute Record and the Supplemental Minute Record. Details on Council
meetings may be obtained from the City Clerk’s Office or a video of the entire meeting may be purchased from
the Public Information Officer at 481-2727. (Portions of the Supplemental Minute Record video tape
recording may be distorted due to equipment malfunction or other uncontrollable factors.)

1
LAKE NASWORTHY RESIDENTIAL LOT LEASE
This lease is made and entered into by and between the CITY OF SAN ANGELO, a
Texas municipal corporation, ("Lessor"), whose address is 72 W. College Ave., San Angelo,
Tom Green County, Texas 76903, and Robert and Julie Steely, husband and wife, whose address
is 1602 Shady Point Circle, San Angelo, Texas 76904, ("Lessee").
I. DEMISE OF LEASED PREMISES
1.1 In consideration of the mutual covenants, conditions and agreements set forth in this
lease, Lessor hereby demises and leases to Lessee, and Lessee hereby accepts and leases from
Lessor, the following described real property (hereinafter called "leased premises") situated in
San Angelo, Tom Green County, Texas:
Lot 58A, Group Shady Point, Lake Nasworthy Addition, according
to the map or plat of said Lake Nasworthy Campsites in the
custody of the Water Utilities Department of the City of San
Angelo (also commonly known as 1602 Shady Point Circle).
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
July 1, 2013 and ending June 30, 2053, in consideration of the initial payment of $150.00, which
payment includes the granting fee, receipt of which payment is hereby acknowledged, and the
further consideration of Lessee's payment of future annual rent in accordance with subsequent
paragraphs hereof and Lessee's compliance with the stipulations and conditions hereinafter set
forth.
TIME AND MANNER OF PAYMENT
2.2 Lessee shall pay annual rent to Lessor at the San Angelo Water Utilities Department, 72
W. College, San Angelo, Texas, 76903, or at such other place as Lessor may from time to time
designate by written notice to Lessee. Such rent shall be paid annually on or before July 1 during
the term of this lease in accordance with the following schedule:
Dates Annual Rent
For the Years 2014 Through 2017 $551.00
For the Years 2018 Through 2052 Market Value *

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

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

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

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

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

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

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

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

10
Lessor’s agents not contained herein. No amendment to this lease shall be effective unless such
is in writing and signed by both parties.
VIOLATIONS OF LEASE
14.6 IT IS FURTHER UNDERSTOOD AND AGREED BETWEEN THE PARTIES THAT
THE VIOLATION OF ANY TERM, STIPULATION, CONDITION, OR COVENANT,
SHALL ENTITLE THE LESSOR, AT ITS OPTION, TO TERMINATE THIS LEASE.
FAILURE TO EXERCISE SUCH OPTION AT ANY TIME SHALL NEVER BE
CONSTRUED AS A WAIVER OF ANY CONDITION OF THIS LEASE.
TEXAS LAW TO APPLY
14.7 The parties hereby agree that Texas law will control the interpretation or enforcement of
this lease. This lease has been executed in Texas, and all obligations hereunder are performable
in Tom Green County, Texas.
INVALID OR ILLEGAL PROVISIONS
14.8 If any provision of this lease is held invalid as to any person or set of circumstances, such
holding shall not affect the validity of any remaining provision of this lease or any provision’s
application to other persons not similarly situated or to other circumstances.
REIMBURSEMENT OF LESSOR’S EXPENSES
14.9 Lessee shall pay on demand all of Lessor’s expenses including, but not limited to,
attorney’s fees and court costs incurred in enforcing any of Lessee’s obligations under this lease,
which include, but are not limited to, collection of rental fees and collection of utility payments,
taxes and other legitimate assessments.
NOTICES
14.9 All notices concerning this lease shall be in writing and delivered to the parties at the
addresses below:
LESSEE: Robert and Julie Steely
1602 Shady Point Circle
San Angelo, Texas 76904
LESSOR: City of San Angelo
Attn: Water Utilities Director
72 W. College
San Angelo, Texas 76903
[SIGNATURE PAGE TO FOLLOW]

11
EXECUTED in duplicate originals on the _____day of _____________________, 2012
by:
LESSEE
Robert Steely
Julie Steely
STATE OF TEXAS §
COUNTY OF TOM GREEN §
This instrument was acknowledged before me on the _____day of ________________,
2013 by Robert and Julie Steely.
Notary Public, State of Texas
CITY OF SAN ANGELO, LESSOR
BY:
RICKY DICKSON
Water Utilities Department
STATE OF TEXAS §
This instrument was acknowledged before me on the _____day of ________________,
20____, by Ricky Dickson, Director of Water Utilities of the City of San Angelo, a Texas home
rule municipal corporation, on behalf of said corporation.

City of San Angelo
Memo
Date: June 21, 2013
To: Mayor and Councilmembers
From: Ricky Dickson, Water Utilities Director
Subject: Consent Item for July 16, 2013 Council Meeting
Contact: Ricky Dickson, Water Utilities Director, 657-4209
Caption: Consideration of approving new lake lot residential lease with the following Lessee
and authorizing the Mayor, City Manager, or Water Utilities Director to execute the
same:
Robert and Julie Steely, Lot 58A, Group Shady Point, 1602 Shady Point Circle
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 June 30, 2018.
History: Lessee is in good standing as to all lease obligations.
Financial Impact:
Current Yearly Lease Fee $459.00
Current Lease expires: June 30, 2044
New Lease Fees: 2014-2017 $551.00
2018-2052 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
Presentation: None.
Publication: None.
Reviewed by Service Area Director: Ricky Dickson, Water Utilities Director, June 21, 2013.
Reviewed by Office of City Attorney: Lysia H. Bowling, City Attorney, July 9, 2013

Adopted: 5/30/03
Revised: 6/21/10
City of San Angelo
Memo
Date: June 14, 2013
To: Mayor and Councilmembers
From: Cindy M. Preas, Real Estate Administrator (657-4407)
Subject: Agenda Item for July 16, 2013 Council Meeting
Contact: Diana Farris, Property Specialist (657-4407)
Caption: Consent Item
Consideration of adopting 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:
a) 329 13th
Street, (Perez), Lot 2, Block 2, Pecan Place, $750,
Suit No.TAX90-0083B
b) 105 Railroad Avenue, (Perez), Lot 9, Salvato S/D of Block 2 of
Kirby S/D, $750, Suit No.B-4723-B
Summary: The subject properties were auctioned at Sheriff’s Sale. No offers were received
causing subject properties to be stuck-off to the City, as Trustee for itself and the
other taxing entities.
History: The attached Property Analysis reflects amounts of delinquent taxes, accrued
penalties, interest, attorney fees and costs for delinquent years of, together with
additional penalties and interest at the rates prescribed by Chapter 33, Tex.
Propety
Financial Impact: Upon approval: (1) The City will retain a $500 Administration fee; (2) The balance
will be distributed according to the judgment or tax warrant on the Sheriff’s Return;
and (3) Property will be reinstated back onto tax roll.
Related Vision Item
(if applicable):
Financial Vision – Examine liquidation of unused or underperforming city-owned
properties
Neighborhood Vision – Attract reinvestment
Other Information/
Recommendation:
Staff recommends approval.
Attachments: Resolution, Property Analysis, Tax-Resale Deed and Property Location Map
Presentation: N/A
Publication: N/A
Reviewed by
Director:
Lysia H. Bowling, City Attorney
Approved by Legal:

NOTICE OF CONFIDENTIALITY RIGHTS: If you are a natural person, you may remove or
strike any or all of the following information from this instrument before it is filed for record in
the public records: your social security number or your driver’s license number.
Tax-Resale Deed
(Property Sold for Less than Adjudged Value)
Date: __________________________
Grantor: The City of San Angelo, a Texas home-rule municipal corporation, for itself and as Trustee
for itself, Tom Green County, and San Angelo Independent School District
72 West College Avenue
San Angelo, Tom Green County, Texas 76903
Grantee: LOUIS A. PEREZ, a married person as his sole and separate property
112 W College Avenue
Consideration: Ten and No/100 Dollars ($10.00) and other good and valuable consideration
Property (including any improvements):
Lot 2, Block 2, Pecan Place, being more particularly described in Volume 251, Page 235,
Deed Records of Tom Green, Texas.
Account #21-38600-0002-002-00
Judgment: Judgment for the foreclosure of a tax lien against the Property entered on June 16, 1993 in
Suit No. TAX90-0083B by the 119th
District Court of Tom Green County, Texas.
Sheriff’s Deed: Grantor acquired full legal title to the Property — both for its own benefit and as Trustee for
all other taxing authorities entitled to receive proceeds from the sale of the Propertyunder the
terms of the Judgment — by Sheriff’s Deed dated February 17, 1997, and recorded in
Volume 570, Page 84, Official Public Records of Real Property, Tom Green County, Texas.
For the Consideration, Grantor — acting by and through its Mayor, who has been duly authorized to
execute this instrument on Grantor’s behalf by resolution and order of Grantor’s City Council recorded in the
City Council’s official minutes — hereby quitclaims to Grantee all of Grantor's right, title, and interest in and
to the Property, to have and to hold it to Grantee and Grantee's heirs, successors, and assigns forever. Neither
Grantor, nor any other taxing unit interested in the Judgment, nor any other person or entity claiming under
them, will have, claim, or demand any right or title to the Property or any part of it. Grantor gives this Tax-
Resale Deed without any express or implied warranty whatsoever; and all warranties that might arise by
common law and the warranties in § 5.023 of the Texas PropertyCode (or its successor) are herebyspecifically
excluded.
Grantee's rights under this deed are subject to the provisions of Chapter 34 of the Texas Tax Code,
including, without limitation, any right of redemption remaining in the former owner of the Property; the terms
of any recorded restrictive covenants running with the land that were recorded before January 1 of the year in
which the tax lien on the property arose; any recorded lien that arose under such restrictive covenants that was

not extinguished in the judgment foreclosing the tax lien; and each valid easement of record as of the date of
the sale that was recorded before January 1 of the year the tax lien arose.
Grantor is selling the Property to Grantee for an amount that is less than the lesser of (1) the market
value specified in the Judgment, or (2) the total amount of the Judgment.
Grantee assumes full payment of any ad valorem taxes for the Property for the current year and all
future years.
When the context requires, singular nouns and pronouns include the plural.
GRANTOR:
The City of San Angelo, a Texas home-rule
municipal corporation, for itself and as Trustee for
any taxing authorities named in the Judgment
ATTEST: By: ____________________________
Dwain Morrison, Mayor and
duly-authorized agent
STATE OF TEXAS §
§
This instrument was acknowledged before me on _____________________, 2013, by Dwain
Morrison, Mayor and duly-authorized agent of the City of San Angelo, a Texas home-rule municipal
corporation, on behalf of such corporation and as Trustee for any taxing authorities named in the Judgment
identified in the above instrument.
__________________________________
After Recording, Return To:

Legal Description:
Improved/Unimproved
Tax Suit Number:
Location:
Parcel Size/Dimensions:
City of San Angelo vs.
Tax ID Number:
Judgment Date:
Date of Sheriff's Sale:
Sheriff's Deed Recorded:
16 YRS
Adjudge Value: 4,269.00$ No
Amount of Offer: 750.00$
Amounts Due Priority % of Pro Rata Amounts
Fees Judgment Allocations Remainder Allocations Distributed
Administration Fee $500.00 $500.00 0.00% $500.00
Maintenance Fee $2,240.00 $2,240.00 100.00% $250.00 $250.00
District Clerk $0.00 $0.00 0.00% -$ -$
Sheriff's Fee $0.00 $0.00 0.00% $0.00
Attorney Fee $0.00 $0.00 0.00% -$ -$
Municipal Liens $0.00 0.00% $0.00 $0.00
Taxes $0.00 0.00% $0.00 $0.00
Total $2,740.00 -$ $2,240.00 100.00% $250.00 $750.00
Actual Total Amt Due $2,740.00
Amount Remaining 250.00$
Offer will satisfy a portion of the fees. No court costs are due.
Purchased under Urban Redevelopment
PROPERTY ANALYSIS
For Tax Resale Property
Years Held in Trust
February 21, 1997
329 13th Street
TAX90-0083B
Unimproved
Lot 2, Block 2, Pecan Place, being more particularly described in Volume 251, Page
235, Deed Records of Tom Green, Texas.
Account #21-38600-0002-002-00
February 4, 1997
June 16, 1993
#21-38600-0002-002-00
Roy L. Mayo Account # 918
52' x 86'

Lot 2, Block 2, Pecan Place Addition
329 E 13th St 52' x 86'
Copyright 2011 Esri. All rights reserved. Thu Dec 22 2011 09:08:38 AM.

NOTICE OF CONFIDENTIALITY RIGHTS: If you are a natural person, you may remove or
strike any or all of the following information from this instrument before it is filed for record in
the public records: your social security number or your driver’s license number.
Tax-Resale Deed
(Property Sold for Less than Adjudged Value)
Date: __________________________
Grantor: The City of San Angelo, a Texas home-rule municipal corporation, for itself and as Trustee
for itself, Tom Green County, and San Angelo Independent School District
72 West College Avenue
Grantee: LOUIS A. PEREZ, a married person as his sole and separate property
112 W College Avenue
Consideration: Ten and No/100 Dollars ($10.00) and other good and valuable consideration
Property (including any improvements):
Lot 9 of T. L. Salvato Subdivision of Block 2 of the E. S. Kirby Subdivision, City of San
Angelo, Tom Green County, Texas.
Account #23-41500-0002-009-00
Judgment: Judgment for the foreclosure of a tax lien against the Property entered on June 4, 1987 in Suit
No. B-4723-B by the 119th
District Court of Tom Green County, Texas.
Sheriff’s Deed: Grantor acquired full legal title to the Property — both for its own benefit and as Trustee for
all other taxing authorities entitled to receive proceeds from the sale of the Propertyunder the
terms of the Judgment — by Sheriff’s Deed dated November 16, 1987, and recorded in
Volume 58, Page 5, Official Public Records of Real Property, Tom Green County, Texas.
For the Consideration, Grantor — acting by and through its Mayor, who has been duly authorized to
execute this instrument on Grantor’s behalf by resolution and order of Grantor’s City Council recorded in the
City Council’s official minutes — hereby quitclaims to Grantee all of Grantor's right, title, and interest in and
to the Property, to have and to hold it to Grantee and Grantee's heirs, successors, and assigns forever. Neither
Grantor, nor any other taxing unit interested in the Judgment, nor any other person or entity claiming under
them, will have, claim, or demand any right or title to the Property or any part of it. Grantor gives this Tax-
Resale Deed without any express or implied warranty whatsoever; and all warranties that might arise by
common law and the warranties in § 5.023 of the Texas PropertyCode (or its successor) are herebyspecifically
excluded.
Grantee's rights under this deed are subject to the provisions of Chapter 34 of the Texas Tax Code,
including, without limitation, any right of redemption remaining in the former owner of the Property; the terms
of any recorded restrictive covenants running with the land that were recorded before January 1 of the year in
which the tax lien on the property arose; any recorded lien that arose under such restrictive covenants that was

Legal Description:
Improved/Unimproved
Tax Suit Number:
Location:
Parcel Size/Dimensions:
City of San Angelo vs.
Tax ID Number:
Judgment Date:
Date of Sheriff's Sale:
Sheriff's Deed Recorded:
24 YRS
Adjudge Value: 2,350.00$ No
Amount of Offer: 750.00$
Amounts Due Priority % of Pro Rata Amounts
Fees Judgment Allocations Remainder Allocations Distributed
Administration Fee $500.00 $500.00 0.00% $500.00
Maintenance Fee $2,880.00 $2,880.00 91.86% $229.65 $229.65
District Clerk $155.23 $155.23 4.95% 12.38$ 12.38$
Sheriff's Fee $0.00 $0.00 0.00% $0.00
Attorney Fee $100.00 $100.00 3.19% 7.97$ 7.97$
Municipal Liens $0.00 0.00% $0.00 $0.00
Taxes $0.00 0.00% $0.00 $0.00
Total $3,635.23 -$ $3,135.23 100.00% $250.00 $750.00
Actual Total Amt Due $3,635.23
Amount Remaining 250.00$
Offer will satisfy a portion of the fees and court costs.
Purchased under Urban Redevelopment
PROPERTY ANALYSIS
For Tax Resale Property
Years Held in Trust
November 18, 1989
105 Railroad Avenue
B-4723-B
Unimproved
Lot 9 of T. L. Salvato Subdivision of Block 2 of the E. S. Kirby Subdivision, City of San
Account #23-41500-0002-009-00
November 3, 1987
June 4, 1987
23-41500-0002-009-00
Molly Kelly Account # UNKNOWN
47' x 142'

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
WHEREAS, by Sheriff’s Sale, the properties described below were struck-off to the City of
San Angelo, Trustee, pursuant to delinquent tax foreclosure decrees of the 119th
Judicial District,
Tom Green County, Texas; and
WHEREAS, offers have been made for the purchase of said properties pursuant to Section
34.05, Texas Tax Code Ann.(Vernon, 1982); and
NOW THEREFORE BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
SAN ANGELO that its Mayor, Alvin New, is hereby authorized to execute a Tax-Resale
(quitclaim) Deed conveying the following described real properties to the following as specified
below, all of the right, title, and interest of the City of San Angelo, and all other taxing units
interested in the tax foreclosure Judgment or Tax Warrant, located in San Angelo, Tom Green
County, Texas:
Conveying to:
LOUIS A. PEREZ, a married person as his sole and separate property; ($750):
Lot 2, Block 2, Pecan Place, being more particularly described in Volume 251, Page 235, Deed
Records of Tom Green, Texas.
Account #21-38600-0002-002-00
LOUIS A. PEREZ, a married person as his sole and separate property; ($750):
Lot 9 of the T. L. Salvato Subdivision of Block 2 of the E.S. Kirby Subdivision, City of San
Account #23-41500-0002-009-00
APPROVED AND ADOPTED ON THE DAY OF , 2013.
Dwain Morrison, Mayor
Attest:
Approved As to Content: Approved As to Form:

Cindy M. Preas, Real Estate Administrator Lysia H. Bowling, City Attorney

City of San Angelo
Memo
Meeting Date: July 16, 2013
To: City Council members
From: Jeff Hintz, Interim Senior Planner
Subject: Area examination and study of properties situated in northwestern
San Angelo as requested by the Planning Commission at the
February 18, 2013 meeting for a potential amendment to the Vision
Plan Map of the Comprehensive Plan.
Location: An area bounded to the west by Short Street, to the south by 37th
Street, to the east by Columbia Street, and to the North by 44th
Street. This area is south and west of the Coliseum and bisected by
North Chadbourne Street. A map of this area is included in the
background of this report.
Purpose: Approval or modification of this request will update the Vision Plan
Map component of the Comprehensive Plan.
Contacts: Jeff Hintz, Interim Senior Planner 325-657-4210
AJ Fawver, Interim Director of Development Services
Caption: APPROVAL OF AN AMENDMENT TO VISION PLAN COMPONENT
OF THE SAN ANGELO COMPREHENSIVE PLAN UPDATE
ADOPTED IN 2009, SPECIFICALLY PROPERTIES LOCATED
BETWEEN 43RD STREET TO THE NORTH, COLISEUM DRIVE TO
THE EAST, 40TH STREET TO THE SOUTH AND GRAPE CREEK
ROAD AND CHADBOURNE STREET TO THE WEST, IN
NORTHWESTERN SAN ANGELO.
Summary: The City Council may:
Approve the proposed Vision Plan map amendments as presented;
Remand the Vision Plan map back to Planning Commission for further
discussion; or

Deny the proposed Vision Plan Map Amendment in its entirety or on a
property by property basis.
Recommendation: Planning staff recommends no changes at this time to the Vision
Plan Map for the area that was examined.
At the April 15, 2013 meeting, the Planning Commission recommended extending the
Neighborhood Center designation eastward as shown on the last map of this report, by
a vote of 5-1.
History and Background:
On January 28, 2013 the Planning Commission directed Planning staff to examine a
series of properties bounded by 40th Street to the south, Grape Creek Road to the
west, Coliseum Drive to the east, and 43rd Street to the north. The direction was to
provide the commission with a zoning history of the property. Upon this presentation
and subsequent discussion at the February 18, 2013 meeting, staff was directed to
examine the area and see if some changes to the Vision Plan Map would be
appropriate at this time.
On May 21, this request was tabled by the City Council to give time for the applicant to
speak with his Council member a bit further so that more of an understanding of what
was desired could be reached. It is staff's understanding this has now happened and as
such, the presentation and further discussion will now occur.
Analysis:
The staff recommendation is based upon the statements listed below.
This area is a unique area in the community in that it sees zoning that allows for
intensive commercial opportunities, low-density residential opportunities and
development, and medium-density residential development all within several blocks of
one another. North Chadbourne Street is really a dividing line in this particular area in
terms of development density and land usage. Properties situated west of Chadbourne
Street occupy much larger tracts and include uses that are generally residential in
nature, and have accessory buildings and large yards. In addition, this area has several
opportunities for infill development both commercial and residential in nature.
East of Chadbourne Street, the density of the residences increases slightly but is still
more of a medium density. East of Chadbourne Street there are a few neighborhood-
serving commercial enterprises, despite the higher intensity General Commercial/Heavy
Commercial (CG/CH) zoning that is presently in place. This area east of Chadbourne
Street is mainly residential in nature and the properties that are commercially zoned
also sit vacant at this time.
Staff has found that this area has opportunities for infill development that are not being
implemented at this time. Given the generally low nature of development density west of

Chadbourne Street, this particular area is not needing additional commercial
opportunities at this moment in time since the commercial opportunities present and
envisioned in the Comprehensive Plan's Vision Plan map for this area are not being
utilized now. This could mean that these areas are not properly located, but in staff's
analysis of the area, "Neighborhood Center" and "Commercial" areas were found to be
presently placed in locations where they will be successful.
The presently identified "Neighborhood Center" is located in an area where it will be
able to serve the neighborhoods surrounding Chadbourne Street. This "Neighborhood
Center" shown on the vision map excerpt attached to this report is located at the center
of this well-established residential area; this placement along a major arterial street
ensures access to the center will be adequate and capable of handling the traffic flow.
In addition, this placement establishes an appropriate transition into the neighborhood
from the high intensity traffic present on Chadbourne Street. Staff realizes the zoning
envisioned in this plan is presently not in place, but in the future (which is the purpose of
a Comprehensive Plan) development of a "Neighborhood Center" caliber will allow this
area to thrive and keep intensive uses in parts of the city where neighborhoods and
community attractions are not present. This category is intended for lower intensity
commercial opportunities and higher intensity residential opportunities.
Staff has found this type of opportunity to be lacking in this general area with the
present zoning in place, but in the future, this type of development opportunity would be
highly appropriate along a major gateway into town and just south of an established
civic events center (the Coliseum). Higher-intensity commercial development in this
area in general is not consistent with the Comprehensive Plan's goals to buffer these
intense uses from neighborhood development. Chadbourne street in this area is a well
established neighborhood with opportunities for both low and medium density housing;
allowing higher intensity uses with no buffer into these neighborhoods and along a
major gateway into town and along a major route to a main entertainment arena would
be contrary to the intent and goals of the Comprehensive Plan and Zoning Ordinance.
The particular properties that specifically triggered this request are located just south of
the Coliseum and occupy the Bill Murray subdivision. The properties fronting along
Chadbourne Street are appropriate for commercial development from a traffic
perspective. The arterial classification of this roadway and its design allows for this type
of development to be successful and compatible with the neighborhood. The current
configuration of Coliseum Drive is not presently developed in a manner from a traffic
perspective that would make commercial development possible. Even when an event at
the coliseum fills the parking lot just half full, there are problems along Coliseum Drive.
When larger events take place, the traffic situation becomes exacerbated to another
degree; adding commercial properties with the potential to draw more traffic into an area
that is generally speaking residential in character. This would not be an ideal situation
for the property owners who presently live in this area, nor would it be ideal for any
potential business in the future. A business that has trouble bringing customers,
workers, and deliveries to it will not last long and given the present status of the
thoroughfares in this area, staff finds this to be the case.
That being said, in the future there are several streets defined to be collector streets
adjacent to this neighborhood center. In the future, if and when these collector streets
are improved, a Vision Plan amendment may be in order at that time. Collector streets

are designed to have 60 feet of right-of-way and 50 feet of pavement. At this time, the
collector streets that are in place have the appropriate right-of-way dedicated but lack
the proper pavement width by nearly 15 feet in one case and 10 feet in another (an
entire driving lane or two). The only way(s) these collector streets would be widened is
as people do subdivisions or replats of current property adjacent to these called for
thoroughfares; the other way would be for these streets to be included in the capital
improvements plan and funded in that capacity.
At this time, the development patterns and dominance of residences in the area and the
capacity and capabilities of the street network in the area, changing the Vision Plan Map
is not justified. Staff would be hesitant to expand just the "Neighborhood Center" portion
east at this time given the lack of improvements on the street network and the increases
in capacity and demand a "Neighborhood Center" designation could bring. Going to a
higher-intensity "Commercial" designation would generate more traffic and intense uses
than a "Neighborhood Center". The proximity to a decade's established neighborhood
and lack of traffic capabilities have lead staff to the conclusion that the Vision Plan in
this area if followed will allow for predictable and consistent development of the entire
area which is a main objective of the Comprehensive plan and Zoning Ordinance.
United States Census data indicates that for this area (minus about 15 lots in southeast
corner of this study area due to the block protruding outside this study area) that
approximately 171 people lived within our study area. This confirms our findings that
this area is predominately home to low density, more sprawling residences; nearly one
third of all parcels accounting for 45% of the total land area in this study had a land use
of low density residential. The next dominant land usage in terms of total acreage was
vacant commercial land. To say that this area is lacking commercial development
opportunity would not be accurate given that there are 17 parcels totaling 29 acres
(nearly 22%) of the study area that are zoned for commercial opportunities similar to
what triggered this request that are going un-utilized at this moment in time. Introducing
more commercial envisioned development opportunities to an area with a little under
200 people and nearly 30 acres of vacant commercially zoned land would not be
appropriate at this time. As the area increases in density, staff has found more than
enough opportunities in appropriately envisioned areas for this type of development. At
this time, the demand of such a small population does not necessitate additional
commercial property to the area. Perhaps in the future and as the area grows in
population and commercial properties become more sparse additional commercial may
be necessary; however given the data staff found in this analysis, that time is not now.
The conditions in this area have not changed substantially in the time since the 2009
amendment was made to justify any change at this moment. Improvement to the street
network and/or changes in development patterns in the future may lead staff to a
different conclusion at that time; at this moment in time, adding more commercial zoning
to an area over served by intensive commercial zoning, and with a street network that is
not ready to handle this increased demand would not be advisable. This area is
predominately residential in nature and will likely remain this way for some time. Any
introduction of commercially envisioned areas needs to be done with the utmost care
and concern to protect present and anticipated residential development patterns in the
region.

Attachments: chart summarizing acreage and parcel findings for study area
and;
Aerial photo of the area;
Current Land Use Map of the area;
Vision Plan Map of the area;
Thoroughfare Plan excerpt for the area;
Planning Commission's recommended Vision Plan Map of
the area;
Minute excerpt from February 18 Planning
Commission Meeting; and
Minute excerpt from April 15, 2013 Planning Commission
Meeting.
Presentation: Jeff Hintz, Interim Senior Planner
Total Parcels % of Total Parcels Land Area (acres) % Land Area
Low Density Residential 52 32.30% 60.9 45.07%
Higher Density Residential 55 34.16% 13.53 10.01%
Vacant Land Residential 23 14.29% 17.32 12.82%
Vacant Land Commercial 17 10.56% 29.13 21.56%
Neighborhood Serving Commercial 8 4.97% 4.57 3.38%
Non-Neighborhood Serving Commercial 6 3.73% 9.68 7.16%
Total 161 100.00% 135.13 100.00%

VII. Review and discussion of staff findings resulting from Planning Commission's
direction at the January 28, 2013 meeting for staff to examine the zoning
history of properties specifically occupying the Bill Murray Subdivision, Lots
1-4 in northwest San Angelo.
Jeff Hintz, Planner, came forward to present this item. At the direction of the
Planning Commission at the last meeting, staff did research the zoning history of this
property. Ms. Fawver asked Mr. Hintz to take a step back for a moment and provide
orientation as to the property that is the subject of this discussion. Mr. Hintz then
proceeded with his presentation. Mr. Hintz also showed excerpts of the zoning
maps of 1954, 1956, and it shows that a strip of C-2 (now CG/CH) was running
through the property and bisecting it since 1956. The C-2 strip, 350' from the center
line of the street, was also on the zoning map in 1969, 1979, 1987, and 2013. The
details of this research are contained within the background report, but, in summary,
staff was unable to find any evidence that - since the properties initial zoning in
1954, the property was never entirely zoned as commercial, other than the 350' strip
of commercial.
A: Discussion and possible action regarding the Vision Plan Map
Mr. Hintz explained that the current Vision Plan Map calls for a split (reflecting the
zoning split) of "Commercial" and "Neighborhood". The only option for a zoning
proposal would be to a) apply for something that would likely be denied by the
Commission due to the legal requirements in place that municipalities zone in
accordance with a Comprehensive Plan. The Plan can be re-examined at any time,
with the direction of the Planning Commission. Changes to the Comprehensive Plan
should be made based upon evidence and study.
Bill Murray, the property owner in this location, came forward to speak to this item.
He mentioned that there was a dairy at this site at some time, and sales of caliche
and soil was conducted, after the tornado that wiped out a good deal of the area.
There are only three houses on Coliseum Drive - there are some businesses along
this street. The State of Texas leased this property and raised fish for the fish
hatchery. Then, Mr. Jennings began selling water at this location. There was an
orchard in this area as well. He produced water for the trees in this orchard. Mr.
Hintz addressed the document which Mr. Murray produced. The document which
Mr. Murray produced is a subdivision plat, which does not show zoning information.
Bill Lawrence spoke regarding what is considered in the approval of a subdivision
plat. Mr. Hintz passed around the subdivision plat to the Commission members.
Bill Lawrence asked Mr. Murray what he wanted to do with the property. Mr. Murray
described a use that staff concluded sounded substantially like "Industrial Services",
which is allowed by right in a CH zoning district or as a Conditional Use in a CG
zoning district. There was some lengthy discussion about the matter.
Motion, to direct staff to re-examine the Vision Plan in that area, was made by Joe
Grimes and seconded by Jennifer Boggs. The motion passed unanimously, 5-0.

VI. Discussion and possible action to amend portions of the Vision Plan
Component of the 2009 update to the San Angelo Comprehensive Plan,
specifically properties bounded to the west by Short Street, to the south by
37th Street, to the east by Columbia Street, and to the North by 44th Street.
This area is south and west of the Coliseum and bisected by North
Chadbourne Street in northwest San Angelo.
Presented by Jeff Hintz, Interim Senior Planner. Mr. Hintz recounted the present
Vision map and explained how the Planning Division was directed to investigate a
possible change to the Vision Plan. Using maps, Mr. Hintz pointed out typical land
uses in the area. He recounted the history of current zoning designations as well,
illustrating them with maps. Hintz shared that the staff recommendation for this
request was no change in the area. He explained the process by which staff
researched this area and stated according 2010 Census data, approximately 200
people lived in the area, and that an addition of more commercial uses would not be
harmonious with residential uses. Infill development was discussed, both residential
and commercial, as there are many vacant lots within the area. An aerial photograph
illustrates the lack of use on many of the vacant lands. *Mr. Hintz stated that adding
more commercial wouldn’t be prudent since streets in the area are not equipped or
wide enough to handle commercial uses, stating the subdivision ordinance
requirements for these types of streets. He also discussed that the Vision Plan calls
for a Neighborhood Center in the area, and that it is already located at a future key
node and serves the community. Other evidence that Hintz recounted in support of
Staff recommendation was that the street network in the area is not fully improved at
this time and that there is not much infill occurring at this time.
Mr. Ryan Smith asked the history of why the request was before us today, so Mr.
Hintz recounted a prior Planning Commission meeting. Mr. Wynne brought up that a
tornado had wiped out much of the area at one time.
Bill Murray, property owner in the area, got up to speak to this Vision Plan. He stated
that the map is wrong and that the Family Neighborhood Center is the Coliseum and
that a traffic count should be done. A map was consulted so that Mr. Murray could
show the Commission members his land. He stated that he was upset at not being
able to get a permit to run a bar-bq and provide cold drinks to students. He stated
that a dairy was operated to the east of N. Chadbourne, and that caliche was sold
near the coliseum. He recounted the thought behind who created the Vision Plan
and questioned who made it and that this has not been explained to him. He stated
that there were 5 exits to the coliseum and directed the city engineers to redirect
traffic to City property. He stated that he wanted his back gate to be included in
commercial property he'd already owned. He stated that he came before the
Commission in 1979 for a special permit. He said that the plat he showed was
“Okay” with the city and that the special permit was permitted. He is opposed to the
neighborhood zoning designation in the area, stating that the area is not big enough
or any logical explanation as to why there is residential there, and that an existing
pipeline should have been a reason not to use that area as commercial. Mr. Murray
showed the Commission a petition signed by area neighboring properties that were
in favor of him having his property zoned commercial. He asked why he was never
given a notice of a split zoning to his property. He questioned why the City, whom he
claims owns a Mobile Home park across the coliseum.

Mr. Hintz spoke to Mr. Murray’s discussion on zoning history and ordinance and also
stated that he would check into the alleged City-owned Mobile Home park. Mr. Hintz
discussed the 1954 zoning map for the City and how zoning was changed in the
area later on with no legal description given regarding the property lines. Mr. Hintz
also clarified several statements that were made regarding the intent of the Vision
Plan Map.
Mr. Saluri, Assistant City Attorney explained the legal premise of the Comprehensive
Plan, Zoning Ordinance and the Vision Plan. Mr. Murray offered to sell his property
for $25,000 a lot essentially to preserve the Zoning Map.
Brent McCaden came to speak in opposition of this request to keep the Vision Plan
the same. He stated that he grew up in the area and explained that streets that were
meant to go through properties were not built out. He claimed that there isn’t much
traffic on 43rd
. He claimed that Mr. Murray’s back gate shouldn’t be changed. He
wanted to know why we should take away something that has already been
commercial, with reference to the residential land to the east of N. Chadbourne. The
1956 Ordinance, Mr. Hintz explained, is how the Zoning was dictated at that time
and that any commercial use in the RS-1 zone since was illegal.
Mr. Hintz answered questions regarding the meaning of the maps used at Mr.
Wynne’s request. Mr. Hintz discussed the pipeline with Ms. Jones, who wanted to
know when the pipeline was in. Mr. Grimes posed the idea that the pipeline could
already exist through neighborhoods in the area, and contended that the Memorial
business is an example of spot zoning. Mr. Hintz explained that it is a legal non-
conformance, and not spot zoning.
Mr. Lawrence explained, is much different than using the street for a “normal” arterial
through a neighborhood area, and that a choke point would be created. Motion was
made to direct staff to make a map from which to decide how the Vision Map.
Darlene Jones wants to change to neighborhood center east from its present
designation, east to Coliseum Drive to encompass the entire block between 40th and
43rd Streets Vision to allow neighborhood center opportunities, Mr. Wynne
seconded it. Mr. Lawrence would like to see a map before anything went forward.
The motion passed 5-1 with Mr. Lawrence opposed.

City of San Angelo
Memo
Meeting Date: July 16, 2013
To: City Council members
From: Kevin Boyd, Planner
Subject: Z13-20: David Jensen: a request for a zone change from Zero Lot
Line, Twinhome and Townhouse Residential (RS-3) to Single-family
Residential (RS-1) to allow for single-family detached homes, on the
following property:
Location: 1650 Iowa Avenue, 1649 and 1650 Nebraska Avenue, located at
the east corner lots at the intersections of Nevada Drive and Iowa
Avenue and Nevada Drive and Nebraska Avenue, more specifically
occupying the Capitol Heights Addition, Section 5, Block 6, Lot 42
and Block 11, Lot 1 and 26, in southwest San Angelo.
Purpose: Approval or modification of this request would be forwarded to City
Council for a final decision on the matter
Contacts: David Jensen, Owner 325-234-8544
Kevin Boyd, Planner 325-657-4210
Caption: First Public Hearing and consideration of introduction of an Ordinance
amending Chapter 12, Exhibit “A” (Zoning Ordinance) of the Code of
Ordinances, City of San Angelo
Z13-20: David Jenson
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: 1650
Iowa Avenue, 1649 and 1650 Nebraska Avenue, located at the east
corner lots at the intersections of Nevada Drive and Iowa Avenue
and Nevada Drive and Nebraska Avenue. This property specifically
occupies the Capitol Heights Addition, Section 5, Block 6, Lot 42

July 16, 2013 Agenda packet

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July 16, 2013 Agenda packet