City Council June 7, 2011 Agenda Packet

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, June 7, 2011
McNease Convention Center, South Meeting Room
500 Rio Concho Drive

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 202, CITY HALL, 657-4405, AT LEAST 24 HOURS PRIOR TO THE MEETING.

City Council meetings are broadcast on Channel 17-Government Access at 10:30 A.M. and 6:30 P.M. every
day for two weeks beginning on the Thursday after each meeting.

As a courtesy to those in attendance, please place your cell phone on “Silent” or “Vibrate”
Thank You!

I. OPEN SESSION (9:00 A.M.)
A. Call to Order
B. Prayer and Pledge
"Honor the Texas flag; I pledge allegiance to thee, Texas, one state under God, one and indivisible.”
C. 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 City Council May 12, 2011 Special and May 17, 2011 Regular
meeting minutes
2. Consideration of awarding bid WU-05-11 for Power Distribution Equipment to Cain Electrical Supply (San
Angelo, TX) in the amount of $270,013.00 and authorizing the City Manager or his designee to execute
any necessary related documents
3. Consideration of purchasing Mechanical Equipment in the amount of $499,217.00 for the City Hall
Complex from TCPN (The Cooperative Purchasing Network) and authorizing the City Manager or his
designee to negotiate a contract and execute any related documents
4. Consideration of authorizing Amendment #3 to the Killis Almond Architects Professional Services
Contract Scope of Work in the amount of $334,500.00 for the design of the Auditorium expansion &
rehabilitation and authorizing the City Manager or his designee to negotiate a contract and execute said
contract and any related documents
5. Consideration of authorizing staff to negotiate an agreement between the City of San Angelo and Jacobs
Engineering for professional engineering services, based on the recommendation of the Upper Colorado
River Authority, the City’s contracted project oversight agent of the project, in the amount of $57,700 for
the North Concho River Project and authorizing the City Manager to execute said agreement

City Council Agenda Page 1 of 6 June 7, 2011

6. Consideration of approving a residential lease renewal for property located on Lot 4, Group 2, 1814 Cove Road
(Williams) and authorizing the Mayor, City Manager, or Water Utilities Director to execute said lease renewal
7. Consideration of Tax Increment Reinvestment Zone Board’s recommendation to increase the required
funding match for the New Freedom Grant in the downtown area by $24,676 due to the ineligibility of
Transportation Development Credits (TDCs) originally proposed to be used as credits against this project
8. Consideration of Tax Increment Reinvestment Zone (TIRZ) Board’s recommendation to revise the
downtown portion of the TIRZ incentive policy as follows: limit asbestos abatement incentive to 50% of
total cost of abatement the TIRZ contribution not to exceed $15,000 per project; provide for a case by case
consideration by the Board of larger projects; and delete all references to per square foot and / or per linear
foot incentives; add a new incentive for fire sprinkler and monitored smoke alarm systems, the total
incentive to be 50% of the cost of the system, the TIRZ contribution not to exceed $5,000 per project
9. Consideration of approving variances to the City Code for the Drag Boat Races which will be held on
June 24 through June 26, 2010 at Lake Nasworthy
10. Consideration of accepting a 5.501 acre tract from AEP Texas North Company and authorizing the
City Manager to negotiate and execute all documents associated with the property transfer
Consideration of adopting a Resolution authorizing the City Manager or his designee to negotiate and
Addendum execute an agreement establishing the terms and conditions for the City’s acceptance of the donation
of 5.501 acres of real property located adjacent to the municipal Water Treatment Plant by special
Warranty Gift Deed, “AS-IS, WHERE-IS AND WITH ALL FAULTS”, from AEP Texas North
Company as grantor, and related documents
11. Second Hearing and consideration of adoption of an Ordinance amending Article 5.902 of the City of
San Angelo Code of Ordinances related to the maximum number of garage sales held by an owner of
property
AN ORDINANCE AMENDING CHAPTER 5 OF THE CODE OF ORDINANCES, CITY OF SAN
ANGELO, TEXAS, OF WHICH ARTICLE 5.900 ADOPTS GARAGE SALE REGULATIONS,
SPECIFICALLY BY AMENDING SUBSECTION 5.902(b) TO STIPULATE THAT THE NUMBER
OF GARAGE SALES ALLOWED ANNUALLY BE LIMITED TO THE NUMBER THREE (3);
PROVIDING FOR SEVERABILITY; AND PROVIDING AN EFFECTIVE DATE
12. Second Hearing and consideration of adoption of an Ordinance amending the 2010-2011 Budget for
grants, capital projects and incomplete projects
AN ORDINANCE OF THE CITY OF SAN ANGELO AMENDING THE BUDGET FOR THE
FISCAL YEAR BEGINNING OCTOBER 1, 2010, AND ENDING SEPTEMBER 30, 2011, FOR
GRANTS, CAPITAL PROJECTS AND INCOMPLETE PROJECTS
III. REGULAR AGENDA:
D. EXECUTIVE/CLOSED SESSION
Executive Session under the provision of Government Code, Title 5. Open Government; Ethics, Subtitle
A. Open Government, Chapter 551. Open Meetings, Subchapter D. Exceptions to Requirement that
Meetings be Open, Section 551.087 to discuss an offer of financial or other incentive to a company or
companies with whom the City of San Angelo is conducting economic development negotiations and
which the City of San Angelo seeks to have, locate, stay or expand in San Angelo
E. PUBLIC HEARING AND COMMENT
13. Consideration of adopting an Ordinance authorizing the issuance and sale of City of San Angelo,
Texas, Combination Tax and Limited Surplus Revenue Certificates of Obligation, Series 2011A, for
capital improvement projects consisting of public park improvements, including trail improvements
and Concho River bank stabilization and dredging, renovating and improving the municipal
auditorium, constructing, improving and equipping sports and athletic facilities, additions and
improvements to the Fort Concho National Historical Landmark, including fees for study and design


of the Visitors' Center, improvements and renovations at the San Angelo Fairgrounds, including
livestock barns and related infrastructure and renovating City administrative offices at the municipal
airport; levying an annual ad valorem tax and providing for the payment of said certificates; providing
an effective date; and enacting other provisions relating to the subject

(Presentation by Finance Director Michael Dane)
14. Consideration of adopting an Resolution directing publication of notice of intention to issue
combination tax and revenue certificates of obligation for water system projects including
groundwater production facilities and collection, treatment, storage and transmission facilities
15. Consider adoption of a Resolution expressing official intent to reimburse costs of water system
improvement projects including groundwater production facilities and collection, treatment, storage
and transmission facilities
16. Consideration of adopting a Resolution expressing official intent to reimburse costs of municipal
capital improvement projects consisting of public park improvements, including trail improvements
and Concho River bank stabilization and dredging, renovating and improving the municipal
auditorium, constructing, improving and equipping sports and athletic facilities, additions and
improvements to the Fort Concho National Historical Landmark, including fees for study and design
of the Visitors' Center, improvements and renovations at the San Angelo Fairgrounds, including
livestock barns and related infrastructure and renovating City administrative offices at the municipal
airport
17. Consider adoption of a Resolution approving and authorizing the execution and delivery of a service
contract with the City of San Angelo Development Corporation relating to the City issuing certificates
of obligation to provide funds for public park improvements, including trail improvements and
Concho River bank stabilization and dredging, renovating and improving the municipal auditorium,
constructing, improving and equipping sports and athletic facilities, additions and improvements to the
Fort Concho National Historical Landmark, including fees for study and design of the Visitors' Center,
improvements and renovations at the San Angelo Fairgrounds, including livestock barns and related
infrastructure and renovating City administrative offices at the municipal airport; approving the
expenditure of funds by the Corporation to pay costs related to such projects, including debt service
on the certificates of obligation; and containing other provisions related thereto
18. First public hearing and introduction of an Ordinance amending the 2010-2011 Budget for programs,
capital projects and incomplete projects
AN ORDINANCE OF THE CITY OF SAN ANGELO AMENDING THE BUDGET FOR THE
FISCAL YEAR BEGINNING OCTOBER 1, 2010, AND ENDING SEPTEMBER 30, 2011, FOR
PROGRAMS, CAPITAL PROJECTS AND INCOMPLETE PROJECTS
19. Discussion of 2011-2016 Capital Improvement Plan
20. Consideration of adopting a Resolution by the San Angelo City Council accepting funds from the
Texas Department of Transportation (TxDOT), Transportation Enhancement Program; authorizing the
City Manager or his designee to execute an Advance Funding Agreement with TxDOT for a
Transportation Enhancement (TE) Project described as Red Arroyo Shared-Use Pathway that provides


for the division of costs and responsibilities associated with the design and construction of the project;
and, authorizing City to provide local matching funds
(Presentation by Transportation Planner Doray Hill, Jr.)
21. First Public Hearing and consideration of introduction of an Ordinance annexing approximately 200
acres located southwest of San Angelo’s existing city limits, encompassing the Lake Nasworthy
Power Station at 6465 Knickerbocker Road, an adjacent electric substation, an approximately 500-foot
wide strip of land occupied by parallel arrays of electric power transmission lines, and an
approximately 0.34-mile segment of right-of-way for Red Bluff Road
AN ORDINANCE ANNEXING TERRITORY GENERALLY DESCRIBED TO BE
APPROXIMATELY 200 ACRES OUT OF H. F. GANTZ SURVEY 179, C. DAMMAN SURVEY
180 AND C. A. VOIGT SURVEY 181 IN TOM GREEN COUNTY, TEXAS, BEING ADJACENT
AND CONTIGUOUS TO THE PRESENT CORPORATE LIMITS OF THE CITY OF SAN
ANGELO; FINDING THAT ALL NECESSARY AND REQUIRED LEGAL CONDITIONS HAVE
BEEN SATISFIED; DESCRIBING THE TERRITORY ANNEXED AND PROVIDING A SERVICE
PLAN THEREFORE; OBLIGATING THE PROPERTY SITUATED THEREIN TO BEAR ITS PRO
RATA PART OF TAXES LEVIED; PROVIDING RIGHTS AND PRIVILEGES AS WELL AS
DUTIES AND RESPONSIBILITIES OF INHABITANTS AND OWNERS OF SAID TERRITORY;
PROVIDING A SEVERABILITY CLAUSE AND PROVIDING AN EFFECTIVE DATE
(Presentation by Planning Manager AJ Fawver)
22. First Public Hearing to allow citizen input on requested projects to be considered for funding with
Grant Year 2011 Community Development Block Grant and HOME Investment Partnerships Grant
funds from the U.S. Department of Housing and Urban Development and discussion and deliberation
on funding allocations for said funds
(Presentation by Neighborhood and Family Services Director Bob Salas)
23. First Public Hearing and consideration of introduction of an Ordinance amending Chapter 12, Exhibit
“A” (Zoning Ordinance) of the Code of Ordinances, City of San Angelo
Z 11-05: Sandra and George Rodriguez
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: three vacant lots facing south side of 2800 block of Houston
Street and situated 100-250 feet west from North Garfield Street in west central San Angelo, changing
the zoning classification from Single-Family Residence (RS-1) to an Neighborhood Commercial (CN)
District; PROVIDING FOR SEVERABILITY AND PROVIDING A PENALTY
Z 11-06: San Angelo Planning Commission
FOLLOWING PROPERTY, TO WIT: eastern approximately three-quarters of City Park on west
bank of North Concho River between East Twohig Avenue on the north and Rio Concho Drive on the
south, as well as easternmost triangular segment of Bart DeWitt Park, also on west bank of North
Concho River but located south of Rio Concho Drive, changing these properties’ zoning classification


from Single-Family Residence (RS-1) to Central Business (CB) District; PROVIDING FOR
SEVERABILITY AND PROVIDING A PENALTY
Z 11-07: San Angelo Planning Commission
FOLLOWING PROPERTY, TO WIT: area bounded generally by the North Concho River on the
north, South Oakes Street on the east, South Orient Railway on the south and, on the west, by a line
located 140 feet west from and parallel to the west line of right-of-way for South Chadbourne Street,
changing this area’s zoning classification from a combination of General Commercial (CG), General
Commercial/Heavy Commercial (CG/CH) and Light Manufacturing (ML) Districts, to a Central
Business (CB) District, PROVIDING FOR SEVERABILITY AND PROVIDING A PENALTY
26. First public hearing and consideration of introduction of an Ordinance amending Article 5.100,
Alcoholic Beverages Regulations and deleting Section 8.119, Unlawful to Carry Alcoholic Beverages
of the City of San Angelo Code of Ordinances as related to the Texas Bank Sports Complex and the
29th Street Recreation Area
AN ORDINANCE AMENDING THE CODE OF ORDINANCES OF THE CITY OF SAN
ANGELO, TEXAS BY AMENDING CHAPTER 8, OFFENSES AND NUISANCES, ARTICLE
8.100, GENERAL OFFENSES, BY REPEALING SECTION 8.119, ENTITLED UNLAWFUL TO
CARRY ALCOHOLIC BEVERAGES INTO THE 29TH STREET RECREATION AREA;
AMENDING CHAPTER 5, BUSINESS AND COMMERCE, ARTICLE 5.100, ALCOHOLIC
BEVERAGES REGULATIONS, BY ADDING SECTION 5.107 ENTITLED, ALCOHOLIC
BEVERAGES IN THE TEXAS BANK SPORTS COMPLEX, RESTRICTING ALCOHOL IN THE
TEXAS BANK SPORTS COMPLEX; PROVIDING FOR PERMITS AUTHORIZING ALCOHOL
FOR SPECIFIC EVENTS ON CONDITIONS STATED IN THE TEXAS BANK SPORTS
COMPLEX; PROVIDING FOR A PENALTY; PROVIDING FOR SEVERABILITY; AND,
PROVIDING FOR AN EFFECTIVE DATE
(Presentation by Parks and Recreation Director Carl White)
27. First public hearing and introduction of an Ordinance amending Chapter 9, Lakes, Parks and
Recreation Areas, Articles 9.100 and 6.300 of the City of San Angelo Code of Ordinances related to
rules and regulations governing the use of the waters of and of City-owned and -managed property
adjacent to Lake Nasworthy and Twin Buttes Reservoir
AN ORDINANCE REPEALING AND REPLACING CHAPTER 9, ARTICLE 9.100, OF THE SAN
ANGELO CODE OF ORDINANCES, ENTITLED “LAKE NASWORTHY-TWIN BUTTES”;
ADOPTING A RESTATED ARTICLE 9.100 ENTITLED “LAKE NASWORTHY-TWIN
BUTTES”; PROVIDING FOR RULES AND REGULATIONS FOR THE GOVERNANCE OF THE
WATERS OF LAKE NASWORTHY AND THE USE OF THE SHORE LINES THEREOF AND OF
CITY OWNED PROPERTY ADJACENT THERETO, AND THE USE OF THE WATERS AND
LAND OF TWIN BUTTES RESERVOIR OWNED OR CONTROLLED BY THE CITY, AND
OTHER LAND OR WATERS OWNED OR CONTROLLED BY THE CITY, WHETHER WITHIN
OR OUTSIDE OF THE CORPORATE LIMITS OF THE CITY OF SAN ANGELO; REPEALING
AND REPLACING ARTICLE 9.400, ENTITLED “PENALTY; ADOPTING A RESTATED
ARTICLE 9.400 ENTITLED “PENALTY”; PROVIDING FOR A PENALTY FOR VIOLATION OF
ANY PROVISION OF ARTICLE 9.100, ENTITLED “LAKE NASWORTHY-TWIN BUTTES”, OR


9.200, ENTITLED “PARKS”; AMENDING APPENDIX A, BY REPEALING AND RESTATING
ARTICLE 6.000, ENTITLED “PARK USER FEES”; ADOPTING A RESTATED ARTICLE 6.000
ENTITLED “PARK USER FEES” PROVIDING FOR FEES PAID FOR LOT LEASES, ANNUAL
RENT TRANSFER FEES, GRANTING FEES, ANNUAL RENT, RENT ESCALATION, LATE
FEES, CAMPSITE FEES, AND ENTRANCE FEES; PROVIDING FOR SEVERABILITY, AND
(Presentation by Parks and Recreation Director Carl White)
28. First Public Hearing and consideration of introduction of an Ordinance amending the Animal Services
Advisory Committee residency requirement
AN ORDINANCE AMENDING THE CODE OF ORDINANCES OF THE CITY OF SAN ANGELO,
TEXAS BY AMENDING CHAPTER 2, ARTICLE 2.3800, ENTITLED “ANIMAL SHELTER
ADVISORY COMMITTEE”, SECTION 2.3803 ENTITLED “COMPOSITION”, OF THE CODE OF
ORDINANCES OF THE CITY OF SAN ANGELO, TEXAS AMENDING THE RESIDENCY
REQUIREMENTS FOR VOTING ANIMAL SHELTER ADVISORY COMMITTEE MEMBERS AND
PROVIDING FOR AN EXCEPTION FOR LICENSED VETERINARIANS WHO MAINTAIN A
PHYSICAL LOCATION FOR THEIR PRACTICE WITHIN THE CITY FROM SAID RESIDENCY
REQUIREMENTS; AND MAKING RELATED AMENDMENTS TO VOTING MEMBER
PROVISIONS; PROVIDING FOR SEVERABILITY; AND, PROVIDING FOR AN EFFECTIVE
DATE
(Presentation by Health Services Manager Sandra Villarreal)
29. Consideration of a request for support for the Keep San Angelo Beautiful 2011 Great American
Cleanup, including, but not limited to, waiving landfill fees
(Presentation by Code Compliance Manager James Flores)
30. Consideration of establishing a gas recycling program at the City landfill and any action in connection
thereto
(Presentation by Assistant City Manager Elizabeth Grindstaff)
F. FOLLOW UP AND ADMINISTRATIVE ISSUES

31. Consideration of matters discussed in Executive/Session, if needed
32. Consideration of various Board nominations by Council and designated Councilmembers:
a. Public Art Commission: John Mattson (SMD4) to a 1st full term April 2013
33. Consideration of Future Agenda Items
34. Adjournment

Given by order of the City Council and posted in accordance with Title 5, Texas Government Code, Chapter
551, Wednesday, June 1, 2011, at 5:30 P.M.

/s/________________________
Alicia Ramirez, City Clerk


CITY COUNCIL MINUTE RECORD
The City of San Angelo Page 671
Tuesday, May 12, 2011 Vol. 102

OPEN SESSION

BE IT REMEMBERED City Council convened in a special meeting at 1:06 P.M., Tuesday, May 12, 2011, 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 Dwain Morrison
Councilmember Johnny Silvas
Councilmember Fredd B. Adams, II
Councilmember Kendall Hirschfeld
Councilmember Charlotte Farmer

were present and acting, with the exception of Councilmember Silvas, thus constituting a quorum. Whereupon,
the following business was transacted:

An invocation was given by Councilmember Morrison and pledge was led by Jonathan Sharp, grandson of
Councilmember Farmer.

SPECIAL AGENDA: PUBLIC HEARING AND COMMENT

ADOPTION OF A RESOLUTION AUTHORIZING THE CITY MANAGER TO NEGOTIATE AND
EXECUTE A FINANCING AGREEMENT WITH THE TEXAS WATER DEVELOPMENT BOARD
(TWDB) FOR A $120,000,000 LOAN FOR THE HICKORY WATER SUPPLY PROJECT (ANNEX A,
PAGE 673, ORDINANCE #2011-05-051R)

City Manager Harold Dominguez, Finance Director Michael Dane, and Specialized Public Financing President
and Financial Advisor Vince Vialle presented background information.

General discussion was held on the political and regional aspect of developing a regional water supply, water
capacity forecast, utilization of the Hickory Aquifer, pumping capacity, users of the aquifer, permitted water
allocation, concerns of using ground versus surface water, available water supply, and safeguards in place to
protect local and regional users of the water sources.

Motion, to adopt the Resolution, as presented, was made by Councilmember Adams and seconded by
Councilmember Hirschfeld.

Public comments were made by citizens Robert Baker and Rich DeRobles.

A vote was taken on the motion on the floor. Motion carried unanimously.

ADJOURNMENT

Motion, to adjourn, was made by Councilmember Adams and seconded by Councilmember Farmer. Motion
carried unanimously.

Minutes
Vol. 102 May 12, 2011

The meeting adjourned at 2:04 P.M.

THE CITY OF SAN ANGELO

___________________________________
Alvin New, Mayor

ATTEST:

_______________________________

Annex A

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 1
Tuesday, May 17, 2011 Vol. 102

OPEN SESSION

BE IT REMEMBERED City Council convened in a regular meeting at 9:00 A.M., Tuesday, May 17, 2011, 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 Dwain Morrison
Councilmember Johnny Silvas
Councilmember Fredd B. Adams, II
Councilmember Kendall Hirschfeld
Councilmember Charlotte Farmer
were present and acting, thus constituting a quorum. Whereupon, the following business was transacted:
An invocation was given by Karen McGinnis of Unitarian Universalist and pledge was led by Aidan Kendrick,
2nd Grader at TLC Academy and son of Bryan Kendrick, Budget Analyst in the Finance Department.

PROCLAMATION AND RECOGNITIONS
“Building Safety Month, May 2011,” was accepted by Al Torres, Building Official for the City of San Angelo
and Dan Vardeman, Fire Marshal
Rio Vista Neighborhood Blitz Partners: Habitat for Humanity, West Texas Organizing Strategy, Angelo State
University, St Mary’s Catholic Church, and Segundo Iglesia Bautista; and Team Leaders
Employees providing assistance on the Wildcat Fire: Operations Administration: Ricky Dickson and Shane
Kelton; Lake Operations: James Alley, Jason Franco, Patrick Lawhon; Parks Department: Dennis Arhelger,
Jason Campbell, Stephen Conley, John Francis, Rodney Halfmann, Roger Havlak, Sean McCallum, and Gilbert
Pedroza; Street & Bridge: Gary Ayers, Edward Bara, Ismael Flores, Narciso Garcia, Alfredo Garivay, Joe
Gomez, Antonio Gonzales, Roberto Heredia, Jesus Hernandez, David Jones, Bobby Keesee, Manuel Martinez,
Antonio Mendoza, Manuel Pineda, Raul Rojas; Storm Water Department: Jake Alberts, Cody Blaylock, Arthur
Gonzales, Jason (Kelly) Haines, Fidel Hernandez, Douglas Kirkham, and Abel Villarreal; Lorenzo Rubio, and
Joe Lee Ynojosa; Traffic Department: Mark Clifton, Ike Eisenbach, Roy Torres; Vehicle Maintenance: Kevin
Buck, Adam Cervantes, Gabriel Esquivel, Patrick Frerich, William Hamilton, Reynald Manuel, Freddy
Marcilliotte, Chris Pippin, and John Tucei

PUBLIC COMMENT
Councilmember Silvas commented on partnering with TxDOT on painting bridges. He also encouraged further
marketing and recruiting of events held at the Bill Aylor Riverstage.
Councilmember Alexander commented on the various complaints she received regarding the Texas Department
of Transportation Loop 306 road resurfacing project, signage, and blocked ramps.

CONSENT AGENDA

APPROVAL OF THE MAY 3, 2011 CITY COUNCIL REGULAR MEETING MINUTES

Minutes
Vol. 102 May 17, 2011

ADOPTION OF A RESOLUTION AUTHORIZING THE MAYOR TO EXECUTE A TAX DEED
AUTHORIZING THE SALE OF A TAX LOT NEXT TO 3502 CLARK DRIVE, (MORALES), LOT 15,
BLOCK 2, CLAR-MOR HEIGHTS ADDITION, IN THE AMOUNT OF $2,600, SUIT NO. B-007-0210-T
(ANNEX A, PAGE , ORDINANCE #2011-05-0??)

AUTHORIZATION FOR THE CITY MANAGER OR HIS DESIGNEE TO EXECUTE AMENDMENT NO.
1 TO TASK ORDER NO. 12, AND ALL RELATED DOCUMENTS, BETWEEN THE CITY OF SAN
ANGELO AND KSA ENGINEERS FOR ARCHITECTURAL/ENGINEERING SERVICES IN THE
AMOUNT OF $55,833.00 AT SAN ANGELO REGIONAL AIRPORT
AUTHORIZATION FOR THE CITY OF SAN ANGELO TO APPLY FOR THE U.S. DEPARTMENT OF
JUSTICE OFFICE OF COMMUNITY ORIENTED POLICING SERVICES (COPS) GRANT IN THE
AMOUNT OF $1,250,639.00 AND AUTHORIZATION FOR THE CITY MANAGER TO EXECUTE ANY
RELATED GRANT DOCUMENTS
APPROVAL OF A RECOMMENDATION BY THE CITY OF SAN ANGELO DEVELOPMENT
CORPORATION (COSADC) AUTHORIZING THE CITY MANAGER TO NEGOTIATE TERMS OF A
PROFESSIONAL SERVICES AGREEMENT WITH CASABELLA ARCHITECTS FOR DESIGN AND
CONSTRUCTION OVERSIGHT OF THE BUSINESS RESOURCE CENTER, AND AUTHORIZATION
FOR THE PRESIDENT OF COSADC TO SIGN THE AGREEMENT ON BEHALF OF THE
CORPORATION
APPROVAL OF A PROPOSED UTILITY EASEMENT BY AEP TEXAS NORTH COMPANY FOR
UNDERGROUND ELECTRICAL LINES AND EQUIPMENT AT NEW FIRE STATION #5
ACCEPTANCE OF DONATIONS IN THE AMOUNT OF $222,000.00 FOR DEVELOPMENT
ENHANCEMENTS FOR PRODUCERS PARK AND AUTHORIZING THE CITY MANAGER TO
APPROVE A CHANGE ORDER FOR THE PROJECT UP TO $222,000.00
Motion, to approve the Consent Agenda, as presented, was made by Councilmember Hirschfeld and seconded
by Councilmember Farmer. Motion carried unanimously.

REGULAR AGENDA: PUBLIC HEARING AND COMMENT

SECOND HEARING AND ADOPTION OF AN ORDINANCE AMENDING CHAPTER 2,
ADMINISTRATION, ARTICLE 2.2000 OF THE CITY OF SAN ANGELO CODE OF ORDINANCES
RELATED TO ACCEPTING CREDIT CARD PAYMENTS AND PROVIDING FOR A PROCESSING FEE
(ANNEX B, PAGE , ORDINANCE #2011-05-0??)

AN ORDINANCE AMENDING CHAPTER 2, ADMINISTRATION, ARTICLE 2.2000, MUNICIPAL
COURT FEES, BY ADDING SECTION 2.2007 AUTHORIZING THE ACCEPTANCE OF CREDIT CARDS
AS PAYMENT FOR FEES, FINES, COURT COST, OR OTHER CHARGE ON BEHALF OF THE CITY,
PROVIDING FOR A PROCESSING FEE, PROVIDING SEVERABILITY AND PROVIDING FOR AN
EFFECTIVE DATE
Judge Gilbert presented background information and explained the credit card processing fee and associated
costs.
Motion, to adopt Ordinance, was made by Councilmember Morrison and seconded by Councilmember
Hirschfeld. Motion carried unanimously.
SPECIAL AGENDA
ADMINISTRATION OF OATHS OF OFFICE FOR MAYOR, SINGLE MEMBER DISTRICT
REPRESENTATIVES 2, 4, AND 6, AND PRESENTATION OF CERTIFICATES OF ELECTION

Minutes Page 3
Date, 2011 Vol. 102

City Clerk Alicia Ramirez administered the Oath of Office and Mayor New presented the Certificates of
Election.
APPOINTMENT OF MAYOR PRO-TEMPORE FOR THE 2011-12 CITY COUNCIL

Motion, to appoint Councilmember Farmer as Mayor Pro-Tempore, was made by Councilmember Alexander
and seconded by Mayor New. Motion carried unanimously.

PRESENTATION OF THE 1ST QUARTER 2011 REPORT BY DOWNTOWN SAN ANGELO, INC.
DSA President Brenda Gunter presented background information. A copy of the presentation is part of the
Permanent Supplemental Record.
General discussion was held on the negative impacts of the illegal trash dumping, discarded cigarette butts, and
additional trash receptacles required within the downtown area.
Mayor New requested the group provide an update on the economic impact for the downtown area before and
after the adoption of the smoking ban.
RECESS
At 10:08 A.M., Mayor New called a recess.
RECONVENE
At 10:23 A.M., Council reconvened, and the following business was transacted:
SECOND PUBLIC HEARING AND ADOPTION OF AN ORDINANCE AMENDING CHAPTER 12,
EXHIBIT “A” (ZONING ORDINANCE) OF THE CODE OF ORDINANCES, CITY OF SAN ANGELO
(ANNEX C, PAGE , ORDINANCE #2011-05-0??)

Z 11-04: Sherri and John Jones, Jr.
AN ORDINANCE AMENDING CHAPTER 12, EXHIBIT “A” OF THE CODE OF ORDINANCES, CITY
OF SAN ANGELO, TEXAS, WHICH SAID EXHIBIT “A” OF CHAPTER 12 ADOPTS ZONING
REGULATIONS, USE DISTRICTS AND A ZONING MAP, IN ACCORDANCE WITH A
FOLLOWING PROPERTY, TO WIT: 6005-6007 Knickerbocker Road at southwest corner of Red Bluff and
Knickerbocker Roads, specifically on Lot 2 in Block 2 of Lake Nasworthy Addition Group Twenty-One,
changing the zoning classification from Neighborhood Commercial (CN) to General Commercial (CG) District;
PROVIDING FOR SEVERABILITY AND PROVIDING A PENALTY
Planning Manager AJ Fawver presented background information. A copy of the presentation is part of the
Public comment was made by Citizen Minnie Holman.
Discussion was held on the installation of a traffic signal and the study required warranting such an installation.
Motion, to adopt the Ordinance, as presented, was made by Councilmember Hirschfeld and seconded by
Councilmember Alexander. AYE: New, Alexander, Silvas, Adams, and Hirschfeld. NAY: Morrison and
Farmer. Motion carried 5-2.
TIE VOTE ON THE APPEAL FROM PLANNING COMMISSION’S DECISION ON APRIL 18, 2011 TO
DENY REQUESTED VARIANCE FROM RESTRICTIONS ON WHERE OFF-SITE SIGNS (A.K.A.
BILLBOARDS) ARE ALLOWED IN CG AND CG/CH ZONING DISTRICTS, TO PERMIT A SINGLE
SUCH SIGN AT 1003-1011 CADDO STREET (EASTBOUND FRONTAGE ROAD FOR HOUSTON
HARTE EXPRESSWAY) AT ITS INTERSECTION WITH NORTH PARK STREET, SPECIFICALLY ON
LOTS 1 THRU 3 IN BLOCK 57 OF ANGELO HEIGHTS ADDITION TO SAN ANGELO

Minutes
Vol. 102 May 17, 2011

Planning Manager AJ Fawver presented background information. A copy of the presentation is part of the
Motion, to reverse the Planning Commission’s previous action to deny the variance, as presented, was made by
Councilmember Morrison and seconded by Councilmember Alexander.
Councilmember Silvas recused himself from the vote.
Councilmember Adams commented on the safety risk issues related to drivers.
Public comments were made by Proponent Dan O’Bryan and property owner Andrew Way.
A vote was taken on the motion on the floor. AYE: Alexander, Morrison, and Farmer NAY: New, Adams,
and Hirschfeld. Motion tied.
FIRST PUBLIC HEARING AND INTRODUCTION OF AN ORDINANCE AMENDING ARTICLE 5.902
OF THE CITY OF SAN ANGELO CODE OF ORDINANCES RELATED TO THE MAXIMUM NUMBER
OF GARAGE SALES HELD BY AN OWNER OF PROPERTY
AN ORDINANCE AMENDING CHAPTER 5 OF THE CODE OF ORDINANCES, CITY OF SAN
ANGELO, TEXAS, OF WHICH ARTICLE 5.900 ADOPTS GARAGE SALE REGULATIONS,
SPECIFICALLY BY AMENDING SUBSECTION 5.902(b) TO STIPULATE THAT THE NUMBER OF
GARAGE SALES ALLOWED ANNUALLY BE LIMITED TO THE NUMBER THREE (3); PROVIDING
FOR SEVERABILITY; AND PROVIDING AN EFFECTIVE DATE
The item was requested by Councilmember Morrison.
Discussion was held on adding the word “reporting” to the annual limit number of garage sales and the possible
concerns which could be raised by adding such wording.
Motion, to introduce the Ordinance changing the allowable annual number of garage sales from 2 to 4 per year
per resident, was made by Councilmember Morrison and seconded by Councilmember Silvas.
Public comments were made by Citizens Jim Turner and John Bariou.
A vote was taken on the motion on the floor. AYE: Morrison and Silvas. NAY: New, Alexander, Adams,
Hirschfeld, and Farmer. Motion failed 2-5.
Motion, to set the annual number limit to three (3), was made by Councilmember Adams and seconded by
Councilmember Silvas. AYE: Morrison, Silvas, Adams, and Hirschfeld. NAY: New, Alexander and Farmer.
Motion carried 4-3.
FIRST PUBLIC HEARING AND INTRODUCTION OF AN ORDINANCE TO REPEAL ARTICLE 1.1000,
SECTION 1.1002 RELATED TO RECONSIDERATION OF AN ORDINANCE BY CITY COUNCIL
AN ORDINANCE AMENDING CHAPTER 1, GENERAL PROVISIONS, ARTICLE 1.1000 ENTITLED
“ORDINANCES”, BY REPEALING SECTION 1.1002 ENTITLED “RECONSIDERATION”; PROVIDING
FOR SEVERABILITY AND PROVIDING AN EFFECTIVE DATE
Public comment was made by Citizen Jim Turner.
Motion, to introduce the Ordinance, as presented, was made by Councilmember Morrison and seconded by
Councilmember Silvas. AYE: Alexander, Morrison, and Silvas. NAY: New, Adams, Hirschfeld, and Farmer.
Motion failed 3-4.
FIRST PUBLIC HEARING AND INTRODUCTION OF AN ORDINANCE AMENDING THE ANIMAL
SERVICES ADVISORY COMMITTEE RESIDENCY REQUIREMENT
AN ORDINANCE AMENDING CHAPTER 2, ENTITLED “ANIMAL SHELTER ADVISORY
COMMITTEE”, ARTICLE 2.3803 ENTITLED “COMPOSITION”, OF THE CODE OF ORDINANCES OF

Minutes Page 5
Date, 2011 Vol. 102

THE CITY OF SAN ANGELO, TEXAS TO REQUIRE THAT ALL VOTING ANIMAL SHELTER
ADVISORY COMMITTEE MEMBERS BE CITY RESIDENTS, TO WIT: BY DELETING THE PORTION
OF THE SENTENCE IN 2.3803(1)(D) THAT READS “WHO ARE RESIDENTS OF THE CITY OF SAN
ANGELO”; AND ADDING A PORTION OF A SENTENCE THAT READS “AND WHO ARE RESIDENTS
OF THE CITY OF SAN ANGELO” TO THE FIRST PARAGRAPH TO FOLLOW THE WORDS “SEVEN
(7) OF WHOM SHALL BE VOTING MEMBERS”; PROVIDING FOR SEVERABILITY; AND,
Health Services Manager Sandra Villarreal presented background information.
Councilmember Alexander suggested other animal service professions should also be included from outside the
city limits.
Motion, to introduce the Ordinance, as presented, was made by Councilmember Silvas and seconded by
Councilmember Adams. AYE: New, Morrison, Silvas, Adams, Hirschfeld, and Farmer NAY: Alexander.
Motion carried 6-1.
RECESS
At 12:05 P.M., Mayor New called a recess.
EXECUTIVE/CLOSED SESSION
At 12:31 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 discuss the purchase, sale, exchange,
lease, or value of real property
Executive Session under the provision of Government Code, Title 5. Open Government; Ethics, Subtitle A.
Open Government, Chapter 551. Open Meetings, Subchapter D. Exceptions to Requirement that Meetings be
Open, Section 551.087 to discuss an offer of financial or other incentive to a company or companies with
whom the City of San Angelo is conducting economic development negotiations and which the City of San
Angelo seeks to have, locate, stay or expand in San Angelo
OPEN SESSION (continued)
At1:30 P.M. City Council concluded the Executive/Closed Session whereupon the following business was
transacted:
RECESS
RECONVENE
At 1:44 P.M., Council reconvened, and the following business was transacted:
DIRECTION TO STAFF TO AMEND THE SET-BACK REQUIREMENTS CURRENTLY REQUIRED
UNDER ARTICLE 3.800 REQUIREMENTS GOVERNING HOOFED ANIMALS (A) IT SHALL BE
UNLAWFUL FOR ANY PERSON TO KEEP COWS, HORSES, GOATS OR OTHER HOOFED ANIMALS
IN A PEN OR ENCLOSURE, OR TO KEEP OR PARK A TRAILER OR VEHICLE WHICH CONTAINS
SUCH ANIMALS., WITHIN ONE HUNDRED FEED (100’) OF ANY RESIDENCE, BUSINESS, OR
INSTITUTION OTHER THAN THE RESIDENCE, BUSINESS, OR INSTITUTION OF THE OWNERS OF
SUCH ANIMALS
The item was requested by Councilmember Morrison. Health Services Manager Sandra Villarreal presented
background information.

Minutes
Vol. 102 May 17, 2011

Motion, to grant the variance to Mr. Overstreet from this ordinance, was made by and seconded by . Motion
carried unanimously. Motion failed due to lack of a vote.
Public comment was made by Animal Service Control Officer Valentino Cabello.
General discussion was held on the set back requirements, providing a grandfather clause for extenuating
circumstances to those residing in the area prior to the new development, and complaints received by local
residents and the public.
In conclusion, Council directed staff to move forward with the Ordinance amendment regarding a grandfather
clause providing for exceptions to those residents already in the area prior to the new development, specifically
the 30 day requirement to relocate their animals and other possible restrictions resulting from the new
designation.
Public comment was made by Citizen Jim Turner.
FIRST PUBLIC HEARING AND INTRODUCTION OF AN ORDINANCE AMENDING THE 2010-2011
BUDGET FOR GRANTS AND INCOMPLETE PROJECTS WHICH NECESSITATE BUDGET
AMENDMENTS
AN ORDINANCE OF THE CITY OF SAN ANGELO AMENDING THE BUDGET FOR THE FISCAL
YEAR BEGINNING OCTOBER 1, 2010, AND ENDING SEPTEMBER 30, 2011, FOR GRANTS, CAPITAL
PROJECTS AND INCOMPLETE PROJECTS
Finance Director Michael Dane presented background information. He noted three of the five proposed
amendments will be postponed to a future meeting. Items to be considered at this hearing included Congregate
Meals Program and Producers Park Improvements.
Motion, to introduce Ordinance, as presented, was made by Councilmember Adams and seconded by
Councilmember Farmer. Motion carried unanimously.
DISCUSSION AND UPDATE ON THE MASTER DEVELOPER COMMITTEE
Assistant City Manager Elizabeth Grindstaff presented background information. She announced the first
meeting is scheduled for Friday, May 20, 2011.
SECOND PUBLIC HEARING OF COMMENTS FOR AND AGAINST PROPOSED ANNEXATION OF
APPROXIMATELY 200 ACRES LOCATED SOUTHWEST OF SAN ANGELO’S EXISTING CITY
LIMITS, ENCOMPASSING THE LAKE NASWORTHY POWER STATION AT 6465 KNICKERBOCKER
ROAD, AN ADJACENT ELECTRIC SUBSTATION, AN APPROXIMATELY 500-FOOT WIDE STRIP OF
LAND OCCUPIED BY PARALLEL ARRAYS OF ELECTRIC POWER TRANSMISSION LINES, AND AN
APPROXIMATELY 0.34-MILE SEGMENT OF RIGHT-OF-WAY FOR RED BLUFF ROAD
Planning Manager AJ Fawver presented background information.
FOLLOW UP AND ADMINISTRATIVE ISSUES
CONSIDERATION OF MATTERS DISCUSSED IN EXECUTIVE/CLOSED SESSION
No action was taken on matters discussed in Executive/Closed Session.
DENIAL OF A RESOLUTION AUTHORIZING THE CITY MANAGER OR HIS DESIGNEE TO
NEGOTIATE AND EXECUTE A TERMINATION OF LEASE AGREEMENT AND RELEASE OF CLAIM
WITH SKYLINE AVIATION, INC.
Comments were made by Palm Beach attorney Kern Lewis of Foremen, Lewis & Hutchison.

Minutes Page 7
Date, 2011 Vol. 102

Discussion was held on the termination of the lease and issues related to the settlement suit between Skyline and
the City of San Angelo.
Motion, to adopt the Resolution, as presented, was made by Councilmember Morrison and seconded by
Councilmember Silvas.
Public comment was made by Ranger Aviation owner John David Fields.
Councilmember Silvas left the meeting at 3:27 and returned 3:36 p.m.
RECESS
RECONVENE
At 4:04 P.M., Council reconvened, and the following business was transacted:
CONTINUATION OF THE RESOLUTION RELATED TO SKYLINE AVIATION, INC.
A vote was taken on the motion on the floor. AYE: New, Morrison, and Silvas. NAY: Alexander, Adams,
Hirschfeld, and Farmer. Motion failed 3-4.
NO CONSIDERATION OF ADOPTION A RESOLUTION AUTHORIZING THE CITY MANAGER OR
HIS DESIGNEE TO NEGOTIATE AND EXECUTE A LEASE AGREEMENT AND RELATED
DOCUMENTS WITH PALM BEACH JET GROUP, INC. FOR PROPERTY LOCATED AT THE SAN
ANGELO REGIONAL AIRPORT
No consideration or action necessary due to City Council’s denial of Skyline Aviation, Inc. lease termination
agreement.
CONSIDERATION OF FUTURE AGENDA ITEMS
City Manager Harold Dominguez distributed the proposed June 7, 2011, 2011 Agenda and solicited Council
comments and suggestions.
Councilmember Alexander requested updates on the Foster Road speed limit findings and sign ordinance
revisions.
ADJOURNMENT
Motion, to adjourn, was made by Councilmember Morrison and seconded by Councilmember Adams. Motion
carried unanimously.
The meeting adjourned at 4:31 P.M.

THE CITY OF SAN ANGELO

___________________________________
Alvin New, Mayor
ATTEST:

_______________________________

Annexes A-C

Minutes
Vol. 102 May 17, 2011

In accordance with Chapter 2, Article 2.300, of the Official Code of the City of San Angelo, the minutes of this
meeting consist of the preceding Minute Record and the Supplemental Minute Record. Details on Council
meetings may be obtained from the City Clerk’s Office or a video of the entire meeting may be purchased from
the Public Information Officer at 481-2727. (Portions of the Supplemental Minute Record video tape recording
may be distorted due to equipment malfunction or other uncontrollable factors.)

City of San Angelo

Memo
Date: May 12, 2011
To: Mayor and Councilmembers
From: Tom Kerr, Assistant Director of Water Utilities
Subject: Consent Agenda Item for June 7, 2011 Council Meeting
Contact: Tom Kerr, Assistant Director of Water Utilities, 657-4209
Caption: Water Utilities Bid, RFB “WU-05-11”, Power Distribution Equipment

Summary: Bids have been received from three suppliers for the purchase of power
distribution equipment at the Water Treatment Plant. Bids were received from Border
States Electric, Cain Electrical Supply and Graybar. The low bid was submitted by Cain
Electrical Supply.

History: This equipment is replacing electrical distribution equipment at the plant
dating back to the 1960’s. This equipment is designed to centralize the distribution of
power in the plant in conjunction with the incorporation of an emergency power backup
system as required by the Texas Commission on Environmental Quality.

Financial Impact: Budgeted within the Capital Improvements Program of the Water
Fund. Total bid is $270,013.00.

Related Vision Item (if applicable): N/A

Other Information/Recommendation:

It is recommended the bid from Cain Electrical Supply of San Angelo be accepted.

Attachments: Bid Tab.

Presentation: None.

Publication: None.

Reviewed by Svc. Area Director: Will Wilde, Water Utilities Director, May 12, 2011.

City of San Angelo

Memo
Date: June 2, 2011

To: Mayor and Council members

From: David Knapp, Construction Manager

Subject: Agenda Item for June 7, 2011 Council Meeting

Contact: David Knapp, Construction Manager, 657-4279

Caption: Consent Agenda Item

Consideration of purchasing Mechanical Equipment in the amount of $499,217.00 for
the City Hall Complex from TCPN (The Cooperative Purchasing Network) and
authorizing the City Manager or his designee to negotiate a contract and execute any
related documents.

Summary: In an effort to expedite this portion of the project and save the City money for
equipment and mark up from the contractor, we are exploring direct purchase of
the equipment to be installed by the general contractor. The Cooperative
Purchasing Network (TCPN) is a national network for city & county governments
to buy materials, supplies & equipment for the best possible prices in the
marketplace.

History: The Central Plant has always been a separate project from the City Hall Project,
Auditorium project and the Water Billing project as it will provide service to all the
buildings in the City Hall Plaza area. It is intended to be a proportionally shared
expense by all the users, involving multiple funding sources accordingly. The timing of
the work requires it to be installed in conjunction with the City Hall / Old Library project
and will be fully operational for the Auditorium and Water Billing projects. The General
Contractor for City Hall will be issued a Change Order to complete the installation of the
equipment. The equipment will be housed in the basement of the Auditorium annex
expansion which the cost will also be distributed accordingly for all the users.

This work will strengthen the “Downtown Vision” as established by the City Council

Financial Impact: The TCPN price for the equipment as quoted is $499,217.00. This will be funded
by the City Hall Project, Auditorium Project and the future Water Billing Project
Other Information/ Staff Recommends the purchase of the mechanical equipment for the City Hall
Recommendation: Plaza central plant through the TCPN.

Attachments: Proposal

Presentation: None

Reviewed by: Elizabeth Grindstaff, Assistant City Manager, May 27, 2011

Trane
A Division of American Standard Inc.

Proposal

Prepared For: Date: 5/27/2011
City Of San Angelo
TCPN Customer Number: TCPN Proposal Number:
10590 02-10590-11-001
Job Name: Engineer:
San Angelo Theater Annex Jacob Sublett

Delivery Terms: Payment Terms:
Freight Allowed and Prepaid - F.O.B. Jobsite Net 30 Days

Trane is pleased to provide the enclosed proposal for your review and approval.

Chillers

Tag Data - Air-Cooled Helical Rotary Water Chillers (Qty: 2)
Item Tag(s) Qty Description Model Number
A1 CH-1 1 Air-Cooled Series R(TM) ( RTAC ) RTAC200
A2 CH-2 1 Air-Cooled Series R(TM) ( RTAC ) RTAC200

Product Data - Air-Cooled Helical Rotary Water Chillers
All Units
Air cooled Series R(TM) model RTAC
200 nominal tons
460v/60 hz/3 ph
Startup allowance
High efficiency configuration
C/UL listing
ASHRAE 90.1 all versions compliant
ASME
Standard 40-60F leaving, with evaporator heaters
2 pass arrangement, insulated
Standard ambient temperature range
Aluminum slit fins
Low noise fans
Wye-delta closed transition starter
Single point power connection
Non-fused disconnect switch(es)
Remote leaving water temp setpoint
Alarm relay
Factory installed flow switch - for use when evap fluid type = water
Refrigerant isolation valves
Factory installed sound attenuator
Elastomeric isolators (Fld)
English
Year 2-5 parts warranty whole unit
1st Year Labor Warranty Whole Unit
2nd thru 5th year Labor Warr Motor/Comp Only
Architectural louvered panels
Low Ambient Control to 0

Total Net Price (Excluding Sales Tax) ......................................................$ 218,668.00

Trane

Proposal

Boilers
Item Tag(s) Qty Description Model Number TCPN Product Code
B#1, B#2 Lochinvar PBN - 2001

Boilers (Lochinvar)
Two (2) Lochinvar PBN-2001-M-9 Boilers to include standard operating and safety controls.
Each boiler includes a circulating pump (BP#1 & BP#2) and low water cut-off. Factory
authorized start-up is included.

Total Net Price (Excluding Sales Tax) ..........................................................$ 90,500.00

Pumps
Item Tag(s) Qty Description Model Number TCPN Product Code
CWP #1, Bell and Gosset 1510 Centrifugal
CWP#2
HWP#1, Bell and Gosset 1510 Centrifugal
HWP#2

Pumps & Hydronics (B&G)
(2) CHWP-1,2, 50 hp, 460/3 pump with flex connectors, suction diffuser & Triple duty valve.
(2) HWP-1,2 1510 20 hp, 460/3 pump with flex connectors, suction diffuser & Triple duty valve.
(2) ET-1,2 Expansion tanks
(2) AS-1,2 Air separators
Includes 1” spring Isolators to be mounted to pump base for each pump

Total Net Price (Excluding Sales Tax) ...........................................................$ 84,500.00

VFD

Tag Data - VFD (Qty: 4)
(2) 50 HP; (2) 4 Indoor vfds
20HP

Product Data – Pump VFDs
(4) Indoor vfds with bypass and factory start=up

Total Net Price (Excluding Sales Tax) ...............................................…….......$ 24,500.00

Trane

Proposal

FCU/ Blower Coil Units
Tag Data - Fan Coil Air Conditioning Units (Qty: 1)
C1 FCU# 1 1 Fan Coil Air Conditioners FCDB0303K**D0D10AF3M00--
(UniTrane) ( D1KKFG200020000CA000

Product Data - Fan Coil Air Conditioning Units
Item: C1 Qty: 1 Tag(s): FCU# 1
Fan Coil
Horizontal cabinet
Size 030
277v/60hz/1ph
Bottom stamped louver return
Front quad grille supply
Color to be selected from Trane Standard Colors by the Architect
Polymer Drain pan
With disconnect switch
Year 2-5 Parts Warranty Whole Unit
1st Year Labor Warranty
2-5th Year labor Warranty

Tag Data - BCXC Blower Coil Air Handler (Qty: 2)
B1 BC#1 1 BCXC Blower Coil Air Handler ( BCHC054D1**A2AF4G000000BC4J0000002N
BCXC ) C0100
B2 BC#2 1 BCXC Blower Coil Air Handler ( BCHC072D1**A2AM4F000000BC4FU2FQ202
BCXC ) NC0100

Product Data - BCXC Blower Coil Air Handler
All Units
HORIZONTAL CONFIGURATION
Horizontal Configuration
277/60/1
1 Horsepower
Hinged access doors
Year 2-5 parts warranty whole unit
1st year labor warranty whole unit
2nd-5th year labor warranty whole unit

Includes rubber grommet isolators


Trane

Proposal

Exhaust Fans/ Louvers

Tag Data – Exhaust Fans (Qty: 2)
CF # 1; CF #2 2

Product Data – Exhaust Fans – CF #1 / CF #2
(2) Ceiling mount exhaust fans to include wall cap, damper and grille.

Tag Data - Louvers (Qty: 2)
A, B 2 60x30

Product Data – Louvers – Intake and Exhaust Louvers
(2) 60x30 aluminum louvers.


Controls
Tracer Summit Automation System
Provide Tracer ES server and software
Provide Building Control Unit (BCU)
BCU to control/monitor the following:
 Control of (2) Trane Air Cooled Chillers with factory mounted DDC controllers
 Control of (2) Chilled Water Pumps
 Primary Chilled Water by-pass valve control
 Monitoring of (2) Boilers
 Control of (2) Heating Water Pumps
 (2) Trane Blower Coil Units with factory mounted DDC controllers
 Main chilled water and heating water flow

All control wiring in conduit
System Engineering
CAD Control installation drawings
System programming and checkout
Programming and System Graphics
Owner training 1st year warranty

Total Net Price (Excluding Sales Tax) .........................................................$ 68,932.00

Trane

Proposal

Jacob Sublett
West Texas Sales Team Leader
717 East 40th Street
Lubbock, TX 79404

City Of San Angelo Representative Trane Representative

By By

Signature Signature

Title Title

Date Date

Anticipation Discount Statement – Use if Applicable
Trane is pleased to offer you an opportunity to maximize the value of your purchase by offering you
savings with the Anticipation Discount Program (ADP). The following discount is available for
payment on (Sales Fills in if Applicable) for delivery on December 20, 2002:

Total Net Savings (Excluding Sales Tax) $

City of San Angelo

Memo
Date: June 2, 2011

To: Mayor and Council Members

From: David Knapp, Construction Manager

Subject: Agenda Item for June 7, 2011 Council Meeting

Contact: David Knapp, Construction Manager, 657-4279


Consideration of authorizing Amendment #3 to the Killis Almond Architects
Professional Services Contract Scope of Work in the amount of $334,500.00 for the
design of the Auditorium expansion & rehabilitation and authorizing the City Manager or
his designee to negotiate a contract and execute said contract and any related
documents.

Summary: The City is currently in contract with Killis Almond Architects for the Restoration &
Rehabilitation of the City Hall and Old Library buildings. In the fall of 2010 the
voters approved the Restoration & Renovation of the Auditorium using Half Cent
Sales Tax Money. Due to the physical connection of the City Hall and the
Auditorium and the shared systems within the buildings it is very important that all
work is coordinated and directed by a single design professional and his
consultants. With the Historic nature of the buildings along with the highly
specialized knowledge of theater design and systems it is important to employ
experts in the field. We have already been proactive in the planning and
construction of the City Hall for the future work in the Auditorium. The timing of
the project is also important so that we can minimize downtime and disruption for
the auditorium and the rest of the Plaza area. This work needs to begin in order to
maintain the schedule and reduce delays.

History: Killis Almond Architects have been under contract with the City since 2008 for the
Master Plan of the City Hall Plaza area. Four phases of work were outlined for the
renovation of the City Hall, Old Library, and Water Utility Building and a new
Parking Garage. This contract was then extended for the Architect to provide
services for Phase I - Renovation of the City Hall and Old Library buildings and
Phase II -Design of the mechanical central plant that will serve all the buildings at
the City Hall Plaza Area. In addition to the Master-planned Phases, the
Auditorium has always been considered as an important element to the City Hall
Plaza area and its renovation & expansion is key to the success of the Master
Plan.
This work will strengthen the “Downtown Vision” as established by the City
Council.

Financial Impact: The Professional Services fee for the Auditorium is $334,500. Funding comes
from Half Cent Sales Tax. $3,750,000 is available for the project
Other Information/ Staff recommends the approval of extending the professional services contract
Recommendation: with Killis Almond Architects for the Auditorium Expansion & Rehabilitation Project.

Attachments: Budget

Presentation: None

Reviewed by: Elizabeth Grindstaff, Assistant City Manager, May 27, 2011

City of San Angelo, Texas - Addition to Stage and Auditorium Upgrades

Fee Breakdown for Architectural, Rehabilitation and Engineering Services
Auditorium and Stage Upgrade and Basement Addition 26-Apr-11
Projected Construction Extension to City Hall Budget - $3.2 M
Fast Track Construction Phase

Design Construction Bid/Contract
Consultant / Company Schematic TOTALS
Development Documents Admin
Architectural/Rehab Fees on Auditorium Improvements $ 18,000.00 $ 35,000.00 $ 17,000.00 $ 70,000.00
Architectural Annex Design through Schematic $ 40,000.00 $ 40,000.00
Structural Fixed Fee for Annex Design to DD pricing & Basement $ 3,675.00 $ 6,125.00 $ 9,800.00 $ 4,900.00 $ 24,500.00
MEP for Stage Annex if Completed - budgeted $52,000
MEP Redesign of Central Plant in Basement & basement shell $ 15,000.00 $ 15,000.00 $ 15,000.00 $ 5,000.00 $ 50,000.00
MEP For Auditorium including Alternate No.1 & Stage Sound/Lighting $ 20,000.00 $ 5,000.00 $ 15,000.00 $ 5,500.00 $ 45,500.00
Civil and Site Planning $ -

TOTALS $ 78,675.00 $ 44,125.00 $ 74,800.00 $ 32,400.00 $ 230,000.00

Additional Services
Design Construction Bid/Contract
Basic Schematic Development Documents Admin TOTALS
Omar Longoria - Acoustical Consultant $ 1,500.00 $ 2,500.00 $ 4,000.00
APT Hank Lam Sound Consultant $ 3,900.00 $ 6,500.00 $ 10,400.00 $ 5,200.00 $ 26,000.00
WJHW Theatre Consultants $ 5,700.00 $ 9,500.00 $ 15,200.00 $ 7,600.00 $ 38,000.00
Reimbursable Expenses Allowance $ 2,000.00 $ 4,000.00 $ 6,000.00 $ 10,500.00 $ 22,500.00
TOTALS AT COST TO FIRM $ 13,100.00 $ 22,500.00 $ 31,600.00 $ 23,300.00 $ 90,500.00
Arch. Coordination On Additional Services $ 2,000.00 $ 3,000.00 $ 6,000.00 $ 3,000.00 $ 14,000.00

Total Projected Fees to A/E Firms $ 93,775.00 $ 69,625.00 $ 112,400.00 $ 58,700.00 $ 334,500.00

Killis Almond Architects, P.C.
342 Wilkens Ave.
San Antonio, Texas 78210
Additional Services billed hourly at the following rates:

Arch./Eng. - $160/hr
Project Manager - $135/hr
Support Staff - $95/hr
Production/Clerical - $50/hr
*CA Phase is assumed to be 6 months long. Hourly rates will be incurred after that date.
Structural Includes a maximum of 6 site visits

City of San Angelo
Parks & Recreation

Memorandum
Date: June 2, 2011


From: Carl White, Parks and Recreation Director

Subject: Agenda Item for June 7, 2011, Council Meeting

Contact: Carl White, 657-4450 or 234-1724


Consideration of authorizing staff to negotiate an agreement between the City
of San Angelo and Jacobs Engineering for professional engineering services,
based on the recommendation of the Upper Colorado River Authority, the
City’s contracted project oversight agent of the project, in the amount of
$57,700 for the North Concho River Project and authorizing the City Manager
to execute said agreement.

Summary: Staff recommends authorization of negotiation of an agreement between the City
of San Angelo and Jacobs Engineering for professional engineering services in
the amount of $57,000 for the North Concho River Project and authorization for
the Mayor and/or City Manager to execute the agreement.

The Upper Colorado River Authority (UCRA), acting as authorized agent for the
oversight of the North Concho River Project received three quotes for the required
services: SKG Engineering at $71,000, Dunaway Associates at $66,400 and
Jacobs Engineering at $57,700.

Based upon the bids, as well as our very positive experience with Jacobs
Engineering during the dredging phase of the river project, City Staff and the
UCRA recommend Jacobs Engineering.

The North Concho River improvements include modifications to the effective
FEMA floodplain which require a Conditional Letter of Map Revision to be
prepared before construction and a Letter of Map Revision to be prepared after
project completion. This scope of services proposes to prepare a Conditional
Letter of Map Revision (CLOMR) using the existing hydraulic modeling provided
for this reach of the North Concho River. Upon completion of the project a Letter
of Map Revision (LOMR) will be prepared.

History: · The City is in the process of negotiating a “guaranteed maximum price”
with our contracted Construction Manager at Risk for the implementation of
the overall river and trail improvement project.
· Staff is in the final stages of completing all required engineering and
securing all final approvals before implementation of the project.

Financial The cost of these services would be $57,700 and would come out of the
Impact: dedicated half-cent sales tax funding for the North Concho River Project.

Attachments: None.

Presentation: None.

Publication: None.

Reviewed by: Rick Weise, Assistant City Manager, May 27, 2011

City of San Angelo

Memo
Date: May 16, 2011

From: Will Wilde, Water Utilities Director
Subject: Consent Item for June 7, 2011 Council Meeting
Contact: Will Wilde, Water Utilities Director, 657-4209
Caption: Consideration of approving a residential lease renewal with Bette Williams at Lot 4, Group 2,
1814 Cove Road, and authorizing the Water Utilities Director to execute the same.

Summary: The leaseholder’s current lease expires in 2016 and they would like to execute a new 40
year lease for financing purposes.

History: Lease fees are current and there are no issues with the lease on this tract.

Financial Impact: Current lease fees: 2003-2012 $455.00
2013-2016 $546.00

New lease fees: 2011-2012 $528.00
2013-2015 $546.00
2016-2050 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.

Attachments: Lease Renewal (Bette Williams)

Presentation: None.

Publication: None.

Reviewed by Service Area Director: Will Wilde, Water Utilities Director, May 16, 2011.

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 P.O. Box 1751,
San Angelo, Tom Green County, Texas 76902, and Bette Williams whose address is
1814 Cove Road, San Angelo, TX 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 4, Group 2, Lake Nasworthy Addition, according to the
map or plat of said Lake Nasworthy Campsites in the
custody of the Water Utilities Department of the City of San
Angelo (also commonly known as1814 Cove Road).

II. TERM, FEES AND RENT

FIXED COMMENCEMENT AND TERMINATION DATE

2.1 This lease is granted for a period of forty (40) years beginning October 1, 2011
and ending September 30, 2051, 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, P.O. Box 1751, San Angelo, Texas, 76903, or at such other place as
Lessor may from time to time designate by written notice to Lessee. Such rent shall be
paid annually on or before October 1 during the term of this lease in accordance with
the following schedule:

Dates Annual Rent

For the Years 2011 Through 2012 $528

For the Years 2013 Through 2015 $546

For the Years 2016 Through 2050 Market Value *

* Annual rent shall be the appraised market value of the leased premises multiplied by a
factor of 0.08. Such appraised market value shall be determined and adjusted in
accordance with applicable City ordinances in effect at the time of execution of this
lease.

DELINQUENT PAYMENTS

2.3 Lessee shall pay to Lessor a late charge or interest for any rent received by
Lessor after the date that the rent is due in accordance with established ordinances,
provided however, that this provision for late charges or interest shall not be construed
as a waiver of the right of Lessor to terminate this lease at its option as authorized
herein.

HOLD OVER

2.4 Any holding over by Lessee of the herein leased premises after the expiration of
this lease shall operate and be construed only as a tenancy from month to month,
terminable at the will of Lessor.

III. DEBTS RELATED TO LEASED PREMISES

UTILITIES

3.1 Any utility charges shall be paid in full by Lessee when due. Failure to pay such
charges shall, at the option of Lessor, result in forfeiture of this lease.

TAXES

3.2 It is further understood and agreed that Lessee shall pay and discharge all taxes,
general and special assessments, and other charges of every description which during
the term of this lease may be levied on or assessed against the leased premises and all
interest therein and all improvements and other property thereon, whether belonging to
Lessor or Leaser to which either of them may become liable. Lessee shall pay all such
taxes, charges, and assessments to the public officer charged with the collection thereof
not less than fifteen (15) days before the same shall become delinquent, and Lessee
agrees to indemnify and save harmless Lessor from all such taxes, charges and
assessments. Failure to pay such taxes and special assessments as provided herein
shall, at the option of Lessor, result in forfeiture of this lease.

WATER, SEWAGE, PAVING IMPROVEMENTS

3.3 In the event the Lessor lays sewer and/or water lines on, adjacent to or in the
vicinity of the leased premises, Lessee agrees to pay the pro rata front-foot cost of
laying said line or lines as established by and in accordance with city policies then in
existence.

3.4 Lessee expressly agrees that if city water or sewer lines are ever located within
200 feet of the leased premises, Lessee will tie on to such service at its own expense at
the price established for that specific Lake Nasworthy area.

3.5 In the event the Lessor institutes a paving program abutting the leased premises,
Lessee shall pay his pro rata share of paving, curb and gutter costs pursuant to
prevailing city policies.

IV. RULES AND REGULATIONS

4.1 The rules and regulations provided in those certain ordinances of the City
Council of the City of San Angelo, ("Council"), adopted April 2, 1951, and now known as
the Lake Nasworthy-Twin Buttes Ordinances and any and all subsequent amendments
adopted heretofore or hereafter are expressly incorporated herein by reference as terms
and conditions of this lease. This lease is expressly made subject to any ordinances
adopted in the future by the Council for the regulation of Lake Nasworthy and
surrounding property, including but not limited to, safety, sanitation, and ecological
requirements. Any breach of said rules and regulations shall, at the option of the Lessor,
result in forfeiture of this lease. This lease will be managed by the Water Utilities
Department of the City of San Angelo subject to the approval of the Council.

V. USE OF LEASED PREMISES

CONSTRUCTION BY LESSEE

5.1 The premises shall be used only for a single family residence and lawful uses
incidental thereto, and in this connection the following shall be applicable:

a. No structure shall be constructed in excess of two stories in height.

b. No dwelling or residence shall be located nearer than 75 feet to the 1,872.2
foot elevation line.

c. No housetrailer, shack, tent, or temporary residence of any type shall be
permitted on the leased premises, and no garage or other accessory building
shall be used as a residence.

d. All structures shall have a foundation that complies with Lessor's building
code.

e. No outside toilets shall be constructed or maintained on leased premises, and
all plumbing shall be connected with a sanitary sewer or with a septic tank which
complies in all respects to all state, county and city sanitation regulations and
requirements. No septic tank shall be placed, constructed, or maintained nearer
than 75 feet to the 1,872.2 foot elevation line nor nearer than five (5) feet to any
property line. All wastewater facilities shall conform to all of the City's wastewater

ordinances, where applicable. No sewer or drain shall empty into the lake or be
constructed so as to flow or wash into the lake. No concrete storm drains may be
constructed without the prior approval of the Water Utilities Department, Zoning
Board of Adjustment, Planning Commission and/or Council, as applicable.

f. No structure shall be constructed closer than five (5) feet to any property line.

g. No trees may be removed from the leased premises without the prior written
consent of the Water Utilities Director.

h. No improvements or construction work of any kind, including but not limited to,
houses, boathouses, piers, pumphouses, water wells, storage buildings, fences,
excavations, fills, and other types of structures or improvements, shall be built or
performed on leased premises without prior approval of the Water Utilities
Department, Zoning Board of Adjustment, Planning Commission and/or Council,
as applicable.

i. Lessee agrees to comply with all provisions of the Official Code of the City of
San Angelo ("Code"), as such now exists or may hereafter be amended
including, but not limited to, those provisions regarding building permits and
permit fees; inspections and fees therefore; building, plumbing, electrical, and fire
standards or requirements; and the regulation of septic tanks.

j. After any permit is granted, Lessee expressly agrees that all improvements or
construction work shall be built or performed in strict compliance with the terms
of the permit and approval granted, that construction shall commence within six
(6) months following the date of the permit, and that all construction shall be
completed within one (1) year of the date of the permit.

k. Lessee may request from the Council a variance or deviation from any term or
condition contained herein.

l. The Council, prior to granting any extension of an existing lease or a new lease
covering the leased premises shall have the right to review the leased premises
and improvements thereon and submit in writing to the Lessee the requirements,
if any, which shall attach to and become a part of this lease, necessary for
compliance with the above-mentioned provisions of the Code. Failure of the
Lessee to abide by and comply with said requirements will be grounds to
terminate this lease or any extension thereof.

RESERVATIONS AND EASEMENTS

5.2 Lessor, its agents or assigns, reserves the privilege and right at any time to
execute and deliver valid oil, gas and other mineral leases upon the leased premises,
and valid right-of-way easements for gas, oil, water, or wastewater pipelines, telephone,
telegraph or electric pole transmission lines on said premises, or any part thereof, and

in such event this lease shall be subject and subordinate to the rights, terms and
privileges of any such oil, gas and other mineral leases or such easements as may have
been executed heretofore or hereafter by Lessor, its agents or assigns. An easement
across leased premises is hereby retained by Lessor for the purpose of laying sewer
and water lines and/or for necessary rights-of-way for roads, alleys or other
throughways.

VI. ENCUMBRANCE OF LEASEHOLD ESTATE

ENCUMBERING LEASEHOLD INTEREST ONLY

6.1 Lessee shall not have the right to encumber the fee simple, but Lessee may
request Lessor's written consent (pursuant to article XII of this lease) to encumber the
leasehold estate, personal property or improvements made by Lessee which may be
removed from the realty without injury to the realty; provided however, that no
mortgagee nor anyone who claims by, through or under such mortgage or deed of trust
shall, by virtue of such mortgage or deed trust, acquire any greater or more extended
rights than Lessee has under this lease but such mortgage or deed of trust shall be in
every respect subject, subservient and subordinate to all of the conditions, provisions,
requirements, covenants and obligations of this lease. The mortgagee under any such
deed of trust or mortgage shall have the right to assume this lease and perform its
terms and conditions to protect itself.

NOTICES TO LENDER

6.2 Any lender or mortgagee may notify Lessor in writing that a mortgage or deed of
trust has been given and executed by Lessee and furnish Lessor with the address to
which it desires copies of notices to be mailed. Lessor agrees to mail to lender or
mortgagee or its designated agent or representative, at the address given, a copy of
any notice which Lessor gives, mails, or serves on Lessee under the terms of this lease
after receipt of such a notice from the lender or mortgagee.

VII. CONDITION OF PREMISES

NO WARRANTY

7.1 LESSOR GIVES NO WARRANTY, EXPRESS OR IMPLIED, AS TO THE
CONDITION OF THE LEASED PREMISES OR ANY IMPROVEMENTS THEREON,
INCLUDING WARRANTY OF HABITABILITY OR FITNESS FOR A PARTICULAR USE.

AVAILABILITY AND USE OF LAKE WATER

7.2 Lessor in no way guarantees the accessibility of water to the leased premises nor
the level of water in Lake Nasworthy.

Lessee can use water from the lake, river, and/or wells on the premises for
domestic purposes and water of existing trees and shrubs; but no water will be removed
from the premises. Use of water for irrigation is expressly prohibited. Lessee shall use
water in a conservative manner, and any abusive use of water shall be grounds for
denying the use of water to the Lessee. Lessee shall pay the applicable water use
charge as set by the Lessor, for water or raw water usage, as the case may be.

VIII. REPAIRS AND MAINTENANCE

LESSEE'S DUTY TO REPAIR AND MAINTAIN

8.1 Lessee agrees to keep and maintain any and all structures erected or caused to
be erected or placed on the leased premises in good and tenantable condition, to
maintain its appearance, and to landscape and keep said premises cleared of all
objectionable matter, things, and vegetation. Leased premises shall not be used for the
outside storage of usable materials for unreasonable lengths of time. In the event
Lessee shall fail to maintain leased premises in a manner acceptable to Lessor, after
notice to Lessee as prescribed by city ordinance, the Lessor shall cause leased
premises to be cleaned, cleared, and mowed. Lessee expressly authorizes the cost of
any such clearing, cleaning, and mowing to be billed to it or added to the next annual
rental payment, with interest at the rate of ten percent (10%) per annum beginning thirty
(30) days from the date on which the work was completed, and continuing until such
cost is paid in full.

DAMAGE OR DESTRUCTION

8.2 The parties hereto acknowledge that the leased premises are within an area
subject to overflow and flooding and it is expressly agreed between the parties that
neither Lessor nor any of its agents or employees shall be liable to Lessee for any
damages caused in any manner, negligent or otherwise, by high water or floods at Lake
Nasworthy, nor by the rivers or creeks which serve as its sources of supply or diversion
channels, nor by reason of any work deemed necessary in Lessor's sole judgment in
the maintenance of said Lake and sources of supply or diversion channels and all
damages occasioned thereby are hereby waived, and when Lessor (or any agent
thereof) deems it necessary to enter on the leased premises for any of the above
purposes, its judgment shall be conclusive.

IX. SUSPENSION OF PRIVILEGES

HEALTH MATTERS

9.1 It is expressly understood and agreed that Lessor may at any time, without notice
to Lessee or any mortgagee, suspend or revoke any and all privileges granted herein
for such length of time as in its sole judgment is necessary for the purpose of
suppressing or arresting an epidemic of any contagious or infectious disease, or when,
in its sole judgment, any suspension of privileges is necessary to protect the health of

the water consumers of San Angelo, Texas. In the event privileges are suspended by
Lessor, rent shall be prorated; and if the lease is revoked, Lessor shall pay Lessee an
amount equal to the market value of any structures or improvements hereto made or
erected on leased premises in compliance with the terms of this lease.

PUBLIC PURPOSES

9.2 If Lessor shall deem that leased premises are required for any public purpose or
that condemnation is necessary, Lessor shall have the right to terminate this lease by
giving ninety (90) days written notice of such termination to Lessee and any mortgagee
who has notified the Water Utilities Department of its lien and its address for notice
purposes; and Lessee agrees to promptly deliver possession of leased premises to
Lessor; and this lease shall terminate upon the expiration of ninety (90)days after the
date of such notice; and in such event Lessor shall pay Lessee an amount equal to the
market value of any structures or improvements hereto made or erected on leased
premises in compliance with the terms of this lease.

X. RELEASE

10.1 Lessee expressly releases Lessor, its officers, agents, and employees from any
and all claims for damages of any kind by reason of the condition of the premises
hereby leased, or any improvements thereon or any damages incurred in the enjoyment
or exercise of the privileges granted hereunder, or for damage to its person or property
caused by the opening of the gates at Nasworthy Dam, the lowering of the normal water
elevation in the lake, or due to flood or high water, or any fluctuating water levels which
may arise in the use and operation of Lake Nasworthy, or in the joint use and operation
of Lake Nasworthy, San Angelo Reservoir, and Twin Buttes Reservoir for the purposes
of recreation, irrigation, and water supply, or for any other purpose.

XI. INDEMNIFICATION

11.1 Lessee further agrees to indemnify and hold Lessor, its officers, agents, and
employees, free and harmless from any claims for damages or injury, including death,
to persons or property, or any liability incurred as a result of the exercise of the
privileges conferred by this lease, and agrees to reimburse Lessor for any expenses
incurred in the defense of any such claim, including reasonable attorney's fees and
court costs actually incurred.

XII. TRANSFER, ASSIGNMENT, AND SUBLETTING

12.1 Lessee may not transfer or assign the leased premises, in whole or in part,
without the prior written consent of the Lessor, which consent will not be unreasonably
withheld. Lessee may not sublet the leased premises, in whole or in part, without the
prior written consent of the Lessor. Any such transfer, assignment or sublease shall be
evidenced in writing, properly executed and acknowledged by both parties thereto; a
copy shall be delivered to Lessor and the original shall be recorded in the office of the

County Clerk of Tom Green County, Texas. It is agreed, however, that each such
transfer, assignment or sublease shall be subject to the obligations to Lessor as set
forth in this lease and shall not release Lessee or Lessee's obligations under the lease.

XIII. ABANDONMENT, DEFAULT AND REMEDIES

NOTICE OF INTENT TO TERMINATE LEASE

13.1 In the event Lessee shall (1) abandon the premises or (2) default in performance
of any of the covenants and conditions required herein to be kept and performed by
Lessee and such default continues for a period of thirty (30) days, Lessor shall have the
right to terminate this lease. Lessor will give thirty (30) days written notice of its intention
to terminate the lease to Lessee and any mortgagee who has notified the Water Utilities
Department of its lien and its address for notice purposes, and Lessee and any
mortgagee will have such thirty (30) days within which to cure such default and thereby
avoid termination. Notice shall be sufficient if delivered to Lessee at the address
specified in this lease or at such other address as Lessee may in writing designate to
Lessor. Upon Lessor's election to terminate, this lease shall cease.

POSSESSION

13.2 Lessee agrees at the termination of this lease to deliver possession peacefully to
the Lessor or its agents or employees; and if it fails to give peaceful possession, Lessor
may take forceful possession of said premises and eject all parties therefrom without
being guilty of trespass; and all damages occasioned thereby are hereby waived.

REMOVAL OF IMPROVEMENTS

13.3 All buildings and other improvements placed on the property by Lessee (except
trees, shrubs, flowers and plants) which may be removed without injury to the realty
shall remain the property of Lessee. It is understood and agreed, however, that
buildings and improvements shall be held by the Lessor until all rentals due Lessor by
Lessee shall have been paid, and should any amount remain unpaid for more than thirty
(30) days after termination of this lease, the Lessor shall have the right to sell such
buildings and improvements and apply the proceeds to the amount due Lessor, with
interest at the annual rate of ten percent (10%), and to any costs incident to the sale,
and pay the balance remaining, if any, to Lessee. All property remaining on the
premises after the expiration of ninety (90) days following the termination of this lease,
however terminated, shall be deemed abandoned by Lessee and shall become the
property of Lessor.

OTHER REMEDIES

13.4 Any termination of this lease shall not relieve Lessee from the payment of any
sum or sums that are due and payable to Lessor under the lease, or any claim for
damages then or previously accruing against Lessee under this lease, and any such
termination shall not prevent Lessor from enforcing the payment of any such sum or
sums or claim for damages by any remedy provided for by law, or from recovering
damages from Lessee for any default under the lease. All rights, options, and remedies
of Lessor contained in this lease shall be construed and held to be cumulative, and no
one of them shall be exclusive of the other, and Lessor shall have the right to pursue
any one or all of such remedies or any other remedy or relief which may be provided by
law, whether or not stated in this lease. No waiver by Lessor of a breach of any of the
covenants, conditions, or restrictions of this lease shall be construed or held to be a
waiver of any succeeding or preceding breach of the same or any other covenant,
condition, or restriction contained in this lease.

XIV. MISCELLANEOUS

RELATIONSHIP OF LESSOR AND LESSEE

14.1 The relationship between Lessor and Lessee at all times shall remain solely that
of landlord and tenant and shall not be deemed a partnership or joint venture.

PARTIES BOUND

14.2 This agreement shall be binding upon and inure to the benefit of the parties of
the lease and their respective heirs, executors, administrators, legal representatives,
successors and assigns.

HEADINGS

14.3 The paragraph headings contained herein are for convenience and reference
and are not intended to define, extend or limit the scope of any provisions of this lease.

SUPERSEDES PRIOR AGREEMENTS

14.4 If this lease replaces another lease, all prior agreements are superseded by this
lease.

ENTIRE AGREEMENT/AMENDMENTS

14.5 This lease constitutes the entire agreement between the parties, and Lessor is
not bound by any agreement, condition or stipulation, understanding or representation
made by any of Lessor’s agents not contained herein. No amendment to this lease shall
be effective unless such is in writing and signed by both parties.

VIOLATIONS OF LEASE

14.6 IT IS FURTHER UNDERSTOOD AND AGREED BETWEEN THE PARTIES
THAT THE VIOLATION OF ANY TERM, STIPULATION, CONDITION, OR
COVENANT, SHALL ENTITLE THE LESSOR, AT ITS OPTION, TO TERMINATE THIS
LEASE. FAILURE TO EXERCISE SUCH OPTION AT ANY TIME SHALL NEVER BE
CONSTRUED AS A WAIVER OF ANY CONDITION OF THIS LEASE.

TEXAS LAW TO APPLY

14.7 The parties hereby agree that Texas law will control the interpretation or
enforcement of this lease. This lease has been executed in Texas, and all obligations
hereunder are performable in Tom Green County, Texas.

INVALID OR ILLEGAL PROVISIONS

14.8 If any provision of this lease is held invalid as to any person or set of
circumstances, such holding shall not affect the validity of any remaining provision of
this lease or any provision’s application to other persons not similarly situated or to
other circumstances.

REIMBURSEMENT OF LESSOR’S EXPENSES

14.9 Lessee shall pay on demand all of Lessor’s expenses including, but not limited
to, attorney’s fees and court costs incurred in enforcing any of Lessee’s obligations
under this lease, which include, but are not limited to, collection of rental fees and
collection of utility payments, taxes and other legitimate assessments.

NOTICES

14.9 All notices concerning this lease shall be in writing and delivered to the parties at
the addresses below:

LESSEE: Bette Williams
1814 Cove Road
San Angelo, TX 76904

LESSOR: City of San Angelo
Attn: Water Utilities Director
P.O. Box 1751
San Angelo, Texas 76903

EXECUTED in duplicate originals on the _____day of _____________________,
2011 by:

LESSEE

STATE OF TEXAS §
COUNTY OF TOM GREEN §

This instrument was acknowledged before me on the _____day of
________________, 2011 by Bette Williams.

Notary Public, State of Texas

CITY OF SAN ANGELO, LESSOR

BY:
W. H. WILDE,
Water Utilities Department

STATE OF TEXAS §
COUNTY OF TOM GREEN §

This instrument was acknowledged before me on the _____day of
________________, 2011, by W. H. Wilde, Water Utilities Director, of the City of San
Angelo, a Texas home rule municipal corporation, on behalf of said corporation.

Notary Public, State of Texas

City Council June 7, 2011 Agenda Packet

City Council June 7, 2011 Agenda Packet

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City Council June 7, 2011 Agenda Packet