City Council June 28, 2011 Agenda Packet

NOTICE OF A PUBLIC MEETING
INCLUDING ADDENDUM
AN AGENDA OF A REGULAR MEETING OF THE CITY COUNCIL
THE CITY OF SAN ANGELO, TEXAS
9:00 A.M. - Tuesday, June 28, 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 June 7, 2011 City Council Regular meeting minutes
2. Consideration of authorizing the sale of the following residential properties for the appraised value and
authorizing the Mayor, City Manager, or Water Utilities Director to execute all necessary legal
documents pertaining to the sale of subject properties, subject to completion of all curative requirements:
a. 2454 Fishermans Road (Delaney), Lot 9, Group 14, $58,900
b. 2001 Willow Road (Tom Berscheidt Estate), Lot 2, Group 13, $139,300
c. 2017 Willow Road (Howard D. Ford Living Estate), Lot 6, Group 13, $92,700
d. 2161 Gun Club Road (Allred), Lot 9, Group 10, $83,400
e. 1609 Turtle Road (Hebert), Lot 69, Group Shady Point, $20,757
f. 1618 Shady Point Circle Drive (Green), Lot 2, Group Shady Point, $17,914
g. 6422 Lincoln Park Road East (Brown Management Trust), Lot 11, Group Lincoln Park, $46,594

3. Consideration of adopting a Resolution approving additional WIC Grant funding and authorizing City
Manager to execute FY 2011 Contract Amendment for acceptance of $639,500.00 designated as extra
Federal funds for building renovations and Peer Counselor Funds
A RESOLUTION BY THE SAN ANGELO CITY COUNCIL ACCEPTING THE ADDITIONAL WIC
GRANT FOR FISCAL YEAR 2010/2011; AND, AUTHORIZING THE CITY MANAGER OR HIS
DESIGNEE TO EXECUTE A CONTRACT AMENDMENT THEREFORE WITH THE TEXAS

City Council Agenda Page 1 of 5 June 28, 2011

DEPARTMENT OF STATE HEALTH SERVICES, CONTRACT NO. 2011-037212, AND ANY
RELATED DOCUMENTS
4. Consideration of approving a residential lease renewal at Lot 72, Group Shady Point, 1615 Turtle
Drive (Manning/Martinez); and authorizing the Water Utilities Director to execute the same
5. Consideration of authorizing the City Manager to execute a contract with the U.S. Geological Survey
for the operation of stream flow gauging stations
6. Consideration of adopting a Resolution approving and ratifying the Naming Rights Agreement by and
between Citywise Marketing, LLC as authorized agent for the City of San Angelo and Foster
Communications Co., Inc., renaming the San Angelo Coliseum to be known as the “Foster
Communications Coliseum”
7. Consideration of adopting a Resolution authorizing applicant, Specialty Sports, Inc., DBA Ski Skeller
Sports, to hold a special event at Lake Nasworthy known as "2011 Wake the Desert"; permitting
specified activities; imposing requirements on applicant; and granting variances relating to rules and
regulations of Lake Nasworthy, park ordinances and the City Noise Ordinance
8. Second Hearing and consideration of adoption 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
9. Second Hearing and consideration of adoption 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
10. Second Hearing and consideration of adoption 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
(Presentation by Planning Manager AJ Fawver)


11. Second Hearing and consideration of adoption of an Ordinance amending Chapter 12, Exhibit “A”
(Zoning Ordinance) of the Code of Ordinances, City of San Angelo
Z 11-06: San Angelo Planning Commission
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: 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
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 551.074(a)(1), to consult with attorney on legal issues involving board and
commission appointments
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

12. Public hearing and consideration of adopting a Resolution authorizing the adoption of the 2011-2016
Capital Improvement Plan for the City of San Angelo
(Presentation by Finance Director Michael Dane)
13. Second 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
(Presentation by Neighborhood and Family Services Director Bob Salas)
14. Second Public Hearing and consideration of adoption of an Ordinance amending Chapter 12, Exhibit
“A” (Zoning Ordinance) of the Code of Ordinances, City of San Angelo
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: 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
(Presentation by Planning Manager AJ Fawver)


Addendum Discussion and possible action regarding possible initiation of zone change on City-owned property
located at 6002 Knickerbocker Road
(Presentation by City Manager Harold Dominguez and Planning Manager AJ Fawver)
15. Discussion of the motor vehicle impoundment and towing process and any action in connection
thereto
(Requested by Councilmember Adams and presentation by Police Chief Tim Vasquez)
16. Discussion and consideration of the location for the treatment of the water from the Hickory Aquifer
Water Development Project
(Requested by Councilmember Morrison and presentation by Water Utilities Director Will Wilde)
17. 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)
18. Discussion of posted speed limit and traffic data collected on Foster Road from Loop 306 Frontage
Road South through Butler Farms Subdivision and any action in connection thereto
(Presentation by City Engineer Clinton Bailey)
Addendum 19. Consideration of issuing a Change Order #1 to the contract with Stoddard Construction Management
Inc. (SCMI) (PUR-04-10B) for the construction of a basement and the installation and hook up of
HVAC Equipment for the City Hall Plaza buildings ($1,634,805.90) and for the additional work
related to the Auditorium ($163,973.33) and authorizing the City Manager or his designee to negotiate
a contract and execute any related documents
(Presentation by Construction Manager David Knapp)
Addendum 20. Consideration of authorizing Amendment #1 pursuant to Section 2.2 of the Agreement for
Construction Manager at Risk amending the contract with Templeton Construction for the North
Concho River Improvements project, authorized on November 2, 2010, to include their Guaranteed
Maximum Price ($9,300,000.00); authorizing an additional $300,000.00 allocated as contingency
outside of the contract price allowing for a total project budget of $9,600,000.00; and authorizing the
City Manager or his designee to execute any related documents
(Presentation by Construction Manager David Knapp)
21. Discussion on identification alternatives in order to utilize the free once-a-month service at the City’s
landfill
(Requested by Councilmember Farmer)
22. Consideration of adopting a Resolution enacting Drought Stage, Level I, of the City’s Water
Conservation/Drought Contingency Plan
A RESOLUTION OF THE CITY OF SAN ANGELO AUTHORIZING THE CITY MANAGER TO
PASS AN ORDINANCE ENTITLED “WATER CONSERVATION AND DROUGHT
CONTINGENCY PLAN”
(Presentation by Water Utilities Director Will Wilde)


23. First public hearing and consideration of introduction of an Ordinance amending the 2010-2011
Budget for grants
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
24. Discussion and consideration of overall budget goals and policy recommendations related to:
a. General Fund Overview
b. Water Rates for long-term water supply
c. Other Budget Related Issues
F. FOLLOW UP AND ADMINISTRATIVE ISSUES

25. Consideration of matters discussed in Executive/Session, if needed
26. Consideration of various Board nominations by Council and designated Councilmembers:
a. Public Art Commission: Hal Noelke (SMD5) to a 2nd full term April 2013
Addendum 27. Consideration of confirming the Civil Service Commission nomination-Teresa Special by City
Manager and approval of same by City Council
Addendum Consideration of rescheduling or postponing the July 5, 2011 and July 19, 2011 Regular City Council
Meetings
28. Consideration of Future Agenda Items
29. Adjournment

Given by order of the City Council and posted in accordance with Title 5, Texas Government Code, Chapter
551, Wednesday, June 22, 2011, at 9:00 P.M.

/s/________________________
Alicia Ramirez, City Clerk


CITY COUNCIL MINUTE RECORD
The City of San Angelo Page 689
Tuesday, June 7, 2011 Vol. 102

OPEN SESSION

BE IT REMEMBERED City Council convened in a regular meeting at 9:00 A.M., Tuesday, June 7, 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 Adams, thus constituting a quorum.
Whereupon, the following business was transacted:
An invocation was given by Reverend Don Dunavant and pledge was led by Kate Grindstaff, daughter of
Assistant City Manager Elizabeth Grindstaff.

PUBLIC COMMENT
No one came forward to comment publicly.
CONSENT AGENDA
APPROVAL OF THE CITY COUNCIL MAY 12, 2011 SPECIAL AND MAY 17, 2011 REGULAR
MEETING MINUTES
AWARD OF BID WU-05-11 FOR POWER DISTRIBUTION EQUIPMENT TO CAIN ELECTRICAL
SUPPLY (SAN ANGELO, TX) IN THE AMOUNT OF $270,013.00 AND AUTHORIZATION FOR THE
CITY MANAGER OR HIS DESIGNEE TO EXECUTE ANY NECESSARY RELATED DOCUMENTS
AUTHORIZATION FOR AMENDMENT #3 TO 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 AUTHORIZATION FOR THE CITY
MANAGER OR HIS DESIGNEE TO NEGOTIATE A CONTRACT AND EXECUTE SAID CONTRACT
AND ANY RELATED DOCUMENTS
AUTHORIZATION FOR 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 $57,700.00
FOR THE NORTH CONCHO RIVER PROJECT, AND AUTHORIZATION FOR THE CITY MANAGER
TO EXECUTE SAID AGREEMENT
APPROVAL OF A RESIDENTIAL LEASE RENEWAL FOR PROPERTY LOCATED ON LOT 4, GROUP
2, 1814 COVE ROAD (WILLIAMS) AND AUTHORIZATION FOR THE MAYOR, CITY MANAGER, OR
WATER UTILITIES DIRECTOR TO EXECUTE SAID LEASE RENEWAL

Minutes
Vol. 102 June 7, 2011

AUTHORIZATION FOR A 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
AUTHORIZATION FOR A 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
APPROVAL OF VARIANCES TO THE CITY CODE FOR THE DRAG BOAT RACES WHICH WILL BE
HELD ON JUNE 24 THROUGH JUNE 26, 2010 AT LAKE NASWORTHY
ADOPTION OF A RESOLUTION AUTHORIZING THE CITY MANAGER OR HIS DESIGNEE TO
NEGOTIATE AND 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 (ANNEX A, PAGE 699, ORDINANCE
#2011-06-055R)
SECOND HEARING AND 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 (ANNEX B, PAGE 703, ORDINANCE #2011-
06-056)
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
SECOND HEARING AND ADOPTION OF AN ORDINANCE AMENDING THE 2010-2011 BUDGET
FOR GRANTS, CAPITAL PROJECTS AND INCOMPLETE PROJECTS (ANNEX C, PAGE 705,
ORDINANCE #2011-06-057)
YEAR BEGINNING OCTOBER 1, 2010, AND ENDING SEPTEMBER 30, 2011, FOR GRANTS, CAPITAL
PROJECTS AND INCOMPLETE PROJECTS
Councilmember Morrison requested the purchase of the Mechanical Equipment be considered under the
Regular agenda.
Motion, to approve the Consent Agenda, with the exception of the purchase of the Mechanical Equipment for
City Hall, as presented, was made by Councilmember Farmer and seconded by Councilmember Silvas. Motion
carried unanimously.

Minutes Page 691
June 7, 2011 Vol. 102

REGULAR AGENDA: PUBLIC HEARING AND COMMENT
APPROVAL TO PURCHASE MECHANICAL EQUIPMENT IN THE AMOUNT OF $499,217.00 FOR THE
CITY HALL COMPLEX FROM THE COOPERATIVE PURCHASING NETWORK (TCPN) AND
AUTHORIZATION FOR THE CITY MANAGER OR HIS DESIGNEE TO NEGOTIATE A CONTRACT
AND EXECUTE ANY RELATED DOCUMENTS
Assistant City Manager Elizabeth Grindstaff explained the need and purchase for the equipment. City Manager
Harold Dominguez further explained the budget allocation for the item.
Discussion was held on the purchase of the equipment and scope of work as a separate project from the
rehabilitation, and the purchase of the equipment within the allowable budgeted allocation.
Motion, to approve, as presented, was made by Councilmember Farmer and seconded by Councilmember
Hirschfeld. AYE: New, Alexander, Silvas, Hirschfeld, and Farmer. NAY: Morrison. Motion carried 5-1.
ADOPTION OF 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 (ANNEX D,
PAGE 709, ORDINANCE #2011-06-058)
Finance Director Michael Dane, Specialized Public Financing President and Financial Advisor Vince Vialle,
and outside Legal representation Leroy Grawunder presented background information.
Councilmember Farmer clarified the design of the Visitors Center mentioned in the publication was for the Ft.
Concho project.
Motion, to adopt the Ordinance, as presented, was made by Councilmember Farmer and seconded by
Councilmember Hirschfeld. Motion carried unanimously.
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 (ANNEX E, PAGE 735, RESOLUTION #2011-06-059R)

Minutes
Vol. 102 June 7, 2011

Finance Director Michael Dane presented background information.
Motion, to adopt the Resolution, as presented, was made by Councilmember Farmer and seconded by
ADOPTION OF 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 (ANNEX F, PAGE 737, RESOLUTION
#2011-06-060R)
Finance Director Michael Dane presented background information. He recommended adding the Hickory Well
field verbiage to the Resolution and notice. Council concurred. He informed that Council will meet again on
July 19 to adopt the resolution.
Motion, to adopt the Resolution, with the recommended change, was made by Councilmember Morrison and
seconded by Councilmember Silvas.
Councilmember Morrison requested a future agenda item to discuss the treatment of the radium water at the
next meeting.
A vote was taken on the motion on the floor. Motion carried unanimously.
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
(ANNEX G, PAGE 739, RESOLUTION #2011-06-061R)
Motion, to adopt the Resolution, as presented, was made by Councilmember Hirschfeld and seconded by
Councilmember Farmer.
Discussion was held on the funding source for the design work of the project and the reason or necessity for the
reimbursement prior to the issuance of the bond monies.
A vote was taken on the motion on the floor. AYE: New, Alexander, Hirschfeld, and Farmer. NAY:
Morrison and Silvas. Motion carried 4-2.
ADOPTION OF 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 (ANNEX H, PAGE 743, RESOLUTION
#2011-06-062R)
Motion, to adopt the Resolution, as presented, was made by Councilmember Farmer and seconded by
Councilmember Hirschfeld. AYE: New, Alexander, Hirschfeld, and Farmer NAY: Morrison and Silvas.
Motion carried 4-2.
Mayor left the meeting at 9:52 P.M.

Minutes Page 693
June 7, 2011 Vol. 102

FIRST PUBLIC HEARING AND INTRODUCTION OF AN ORDINANCE AMENDING THE 2010-2011
BUDGET FOR PROGRAMS, CAPITAL PROJECTS AND INCOMPLETE PROJECTS
YEAR BEGINNING OCTOBER 1, 2010, AND ENDING SEPTEMBER 30, 2011, FOR PROGRAMS,
CAPITAL PROJECTS AND INCOMPLETE PROJECTS
Mayor returned to the meeting at 9:55 A.M.
Equipment Maintenance Superintendant Patrick Frerich explained the repairs to the fuel island and distributed
an estimate for the scope of work. A copy of the document is part of the Permanent Supplemental Record.
Motion, to introduce the Ordinance, as presented, was made by Councilmember Farmer and seconded by
DISCUSSION OF 2011-2016 CAPITAL IMPROVEMENT PLAN
Finance Director Michael Dane presented background information. A copy of the presentation is part of the
Permanent Supplemental Record.
Discussion was held on the reprioritization of the various listed and unlisted projects, capital funding sources,
levied stormwater fee and amount to date collected, and the factors considered when establishing the priorities
and ranking criteria (road condition, traffic count, & safety). Council suggested including property damage to
the ranking criteria.
Public comments were made by citizens Jim Turner, Terry Giroux, and Ralph Philbourne.
RECESS
At 11:07 A.M., Mayor New called a recess.
RECONVENE
At 11:24 P.M., Council reconvened, and the following business was transacted:
FIRST PUBLIC HEARING AND 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
Planning Manager AJ Fawver presented background information. A copy of the presentation is part of the

Minutes
Vol. 102 June 7, 2011

Motion, to introduce the Ordinance, as presented, was made by Councilmember Silvas and seconded by
Councilmember Morrison. Motion carried unanimously.
ADOPTION OF A RESOLUTION BY THE SAN ANGELO CITY COUNCIL ACCEPTING FUNDS FROM
THE TEXAS DEPARTMENT OF TRANSPORTATION (TXDOT), TRANSPORTATION ENHANCEMENT
PROGRAM; AUTHORIZATION FOR 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, AUTHORIZATION FOR THE CITY TO PROVIDE LOCAL
MATCHING FUNDS (ANNEX I, PAGE 747, ORDINANCE #2011-06-063)
Transportation Planner Doray Hill, Jr. presented background information. A copy of the presentation is part of
the Permanent Supplemental Record. A map showing the location of the various parks was displayed.
Discussion was held on the funding match and leveraging of funds from the stormwater fund and other funding
sources, completed park and recreation projects and their associated operating and maintenance components,
and priority of this project in comparison to existing capital improvement projects.
Motion, to adopt the Resolution, as presented, was made by Councilmember Alexander and seconded by
Councilmember Hirschfeld.
Public comments were made by citizens Ralph Philbourne, Jim Raymond, Yvonne Holsey, Bill Cullins, and Jim
Turner.
A vote was taken on the motion on the floor. Motion carried unanimously.
RECESS
At 1:04 P.M., Mayor New called a recess.
Mayor left the meeting at 1:04 P.M. and did not return.
EXECUTIVE/CLOSED SESSION
At 1:30 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 551.087 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)
At 2:16 P.M. City Council concluded the Executive/Closed Session whereupon the following business was
transacted:
RECESS
At 2:16 P.M., Mayor Tempore Charlotte Farmer called a recess.
RECONVENE
At 2:27 P.M., Council reconvened, with the exception of the Mayor, and the following business was transacted.
Mayor Pro Tempore Charlotte Farmer led and continued the meeting.

Minutes Page 695
June 7, 2011 Vol. 102

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
Neighborhood and Family Services Director Bob Salas and Senior Program Coordinator Mauri Rodriguez
presented background information. A copy of the presentation is part of the Permanent Supplemental Record.
No one came forward to comment publicly.
FIRST PUBLIC HEARING AND INTRODUCTION OF AN ORDINANCE AMENDING CHAPTER 12,
EXHIBIT “A” (ZONING ORDINANCE) OF THE CODE OF ORDINANCES, CITY OF SAN ANGELO
Z 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
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
Motion, to introduce the Ordinance, as presented, was made by Councilmember Alexander and seconded by
Councilmember Morrison. Motion carried unanimously.
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
Motion, to introduce the Ordinance, as presented, was made by Councilmember Alexander and seconded by

Minutes
Vol. 102 June 7, 2011

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
Motion, to introduce the Ordinance, as presented, was made by Councilmember Hirschfeld and seconded by
Councilmember Alexander. AYE: Alexander, Silvas, Hirschfeld, and Farmer. NAY: Morrison. Motion
carried 4-1.
POSTPONEMENT OF THE FIRST PUBLIC HEARING AND 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
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
Mayor Pro Tempore Farmer suggested postponement of the ordinance until the next meeting on June 28, 2011.
Council concurred.
TABLING OF THE 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

Minutes Page 697
June 7, 2011 Vol. 102

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 PROVIDING FOR AN EFFECTIVE DATE
Parks and Recreation Director Carl White presented background information. A copy of the presentation is part
of the Permanent Supplemental Record. City Manager Harold Dominguez informed that the welding and
installation of the fencing had been placed on hold due to the burn ban.
Motion, to table the item until the June 28, 2011 meeting, was made by Councilmember Alexander and
seconded by Councilmember Hirschfeld. Motion carried unanimously.
POSTPONEMENT OF THE FIRST PUBLIC HEARING AND CONSIDERATION OF INTRODUCTION OF
AN ORDINANCE AMENDING THE ANIMAL SERVICES ADVISORY COMMITTEE RESIDENCY
REQUIREMENT
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
Mayor Pro Tempore Farmer suggested postponement of the ordinance until the next meeting on June 28, 2011.
Council concurred.
APPROVAL OF A REQUEST FOR SUPPORT FOR THE KEEP SAN ANGELO BEAUTIFUL 2011
GREAT AMERICAN CLEANUP, INCLUDING, BUT NOT LIMITED TO, WAIVING LANDFILL FEES
Code Compliance Manager James Flores presented background information.
Motion, to approve the request, as presented, was made by Councilmember Morrison and seconded by
Councilmember Silvas. Motion carried unanimously.
POSTPONEMENT OF ESTABLISHING A GAS RECYCLING PROGRAM AT THE CITY LANDFILL
Assistant City Manager Elizabeth Grindstaff suggested postponing the item to a future meeting. Council
concurred.
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:
Public Art Commission: John Mattson (SMD4) to a 1st full term April 2013

Minutes
Vol. 102 June 7, 2011

Motion, to approve the board nomination by Council and designated Councilmembers, was made by
Councilmember Hirschfeld and seconded by Councilmember Morrison. Motion carried unanimously.
CONSIDERATION OF FUTURE AGENDA ITEMS
City Manager Harold Dominguez distributed the proposed June 7, 2011 Agenda and solicited Council
comments and suggestions.
Mr. Dominguez stated budget discussion and review will be scheduled for the next meeting.
Additional items requested by City Council members:
• City of San Angelo Development Corporation projects and compliance report
• Discuss identification alternatives in order to utilize the free once a month service at the City’s landfill
• Discuss the location of the treatment of the Hickory Well Field radium water
• Reconsider the variance for the off-site electronic sign at 1003-1011 Caddo Street discussed at the May 17,
2011 meeting
ADJOURNMENT
Motion, to adjourn, was made by Councilmember Morrison and seconded by Councilmember Hirschfeld.
Motion carried unanimously.
The meeting adjourned at 3:40 P.M.

THE CITY OF SAN ANGELO

___________________________________
Alvin New, Mayor

ATTEST:

_______________________________

Annexes A-I

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: June 15, 2011
To: Mayor and Councilmembers
From: Will Wilde, Water Utilities Director
Subject: Agenda Item for June 28, 2011 Council Meeting
Contact: Will Wilde, Water Utilities Director, 657-4209
Caption: Consent Item
Consideration of authorizing the sale of the following residential properties for the
appraised value and authorizing the Mayor, City Manager, or Water Utilities
Director to execute all necessary legal documents pertaining to the sale of subject
properties, subject to completion of all curative requirements.

Summary: Delaney 2454 Fishermans Road
Lot 9, Group 14 $58,900

Tom Berscheidt Estate 2001 Willow Road
Lot 2, Group 13 $139,300

Howard D. Ford Living Estate 2017 Willow Road
Lot 6, Group 13 $92,700

Allred 2161 Gun Club Road
Lot 9, Group 10 $83,400

Hebert 1609 Turtle Road
Lot 69, Group Shady Point $20,757

Green 1618 Shady Point Circle Drive
Lot 2, Group Shady Point $17,914

Brown Management Trust 6422 Lincoln Park Road East
Lot 11, Group Lincoln Park $46,594

History: None.

Financial Impact: Proceeds from the sale of lake lots go into the Lake Nasworthy Trust Fund.

Related Vision Item (if applicable): None.

Other Information/Recommendation: If the sales are approved at the appraised value, a title
examination will be performed and legal staff will prepare a Real Estate Contract of Sale, Special
Warranty Deed and Surrender of Lease, as previously approved by City Council.

Staff recommends approval.

Attachments: Appraisal Reports (Delaney); (Berscheidt); (Ford); (Allred); (Hebert); (Green);
(Brown Management Trust)

Presentation: None.

Publication: None.

Reviewed by Service Area Director: Will Wilde, Water Utilities Director, June 15, 2011.

City of San Angelo

Memo
DATE: 06-08-2011

TO: Mayor and Council Members

FROM: Gloria Hale, WIC Program Manager
th
SUBJECT: Agenda Item for June 28 2011 Council Meeting

CONTACT: Gloria Hale 657-4397, COSA #1321

CAPTION: Consent

Consideration of approving additional WIC Grant funding and authorizing City Manager to execute FY 2011
Contract Amendment for acceptance of $639,500.00 designated as extra Federal funds for building renovations
and Peer Counselor Funds
________________________________________________________________________________________

SUMMARY: Funds requested to offset costs of renovating Health Building or Old Library for WIC and
additional WIC Peer Counselor funds have been granted with stipulation funds are invoiced and billed for
by end of current Fiscal Year.

HISTORY: City of San Angelo acting as contractor and holding DSHS WIC Contract to operate Women,
Infants and Children’s Nutrition Program requested grant of federal funds through Texas Department of
State Health, WIC Division.

FINANCIAL IMPACT:

• $600,000 Federal Funds to offset WIC Renovation costs will be available locally, designated as
WIC expenditures for renovation of #2 City Hall Plaza Building.

• $39,500 Federal Funds will be for WIC Peer Counselor salary for current FY.

RELATED GOAL ITEM: Foster a sense of community.

OTHER INFORMATION/RECOMMENDATIONS: Staff recommends that Council approve WIC Contract
amendment and authorize City Manager to execute related document to accept requested funds.

ATTACHMENTS: Letter of Amendment and Resolution

PRESENTATION: None

PUBLICATION: None

REVIEWED BY DEPARTMENT DIRECTOR: Robert Salas, Director, Neighborhood & Family Services

TEXAS DEPARTMENT OF STATE HEALTH SERVICES

1100 West 49th Street • Austin, Texas 78756
P.O. Box 149347 • Austin, Texas 78714-9347
DAVID L. LAKEY, M.D. 1-888-963-7111 • www.dshs.state.tx.us
COMMISSIONER TDD: 1-800-735-2989
Letter of Amendment

June 17, 2011

Gloria Hale, WIC Program Director
LA # 056, City of San Angelo
P.O. Box 1751
San Angelo, TX 76902

Dear Ms. Hale:

The City of San Angelo WIC contract will be amended to reflect revisions as detailed in the
table below. This letter constitutes a formal contract amendment.

Project Current Project Contact Amended Amended Revised
Award Amount Amount Project
Amount Increase (Decrease) Total
Peer Kristina Arrieta
Counselor $48,355.00 kristina.arrieta@dshs.state.tx.us $31,000.00 $79,355.00
(512) 341-4592
Extra Benny Jasso
Funding $0.00 benny.jasso@dshs.state.tx.us $608,500.00 $608,500.00
(512) 341-4573

This project increase will be reflected in your contract “Not to Exceed” amount as shown
below:

Contract “Not to Exceed” Amount
Revised Contract
Current Contract Amended Amount Amended Amount
Increase (Decrease)
“Not to Exceed”
Amount
Amount
$964,011.00 $639,500.00 $1,603,511.00

Funds are awarded with the understanding that any procurements using these funds will be in
compliance with the Uniform Grants Management Standards (UGMS), WIC policies and 7
CFR Part 3016. This letter is approval for funding only. It does not relieve the agency
from seeking additional approvals as required by WIC Policy.

An Equal Employment Opportunity Employer and Provider

Ms. Hale
June 17, 2011
Page 2

In order for the State Agency to track these expenditures, please bill for each special
project(s) listed above on a separate State of Texas Purchase Voucher (B-13). Label each
voucher with the specific project name as well as allocations to Administrative (Admin),
Nutrition Education (NE) and Breastfeeding (BF) costs. Vouchers without allocations listed
will be applied toward Admin.

For questions regarding funding decisions, please contact Benny Jasso, WIC Program, at
(512) 341-4573, or benny.jasso@dshs.state.tx.us. For questions regarding purchase requests,
please contact Alisin Genfan, Contract Development and Support Branch, at (512) 458-7111,
extension 3156, or alisin.genfan@dshs.state.tx.us.

Sincerely,

Mike Montgomery, Section Director
Nutrition Services Section

AG

An Equal Employment Opportunity Employer and Provider

A RESOLUTION BY THE SAN ANGELO CITY COUNCIL ACCEPTING THE
ADDITIONAL WIC GRANT FOR FISCAL YEAR 2010/2011; AND,
AUTHORIZING THE CITY MANAGER OR HIS DESIGNEE TO EXECUTE A
CONTRACT AMENDMENT THEREFORE WITH THE TEXAS
DEPARTMENT OF STATE HEALTH SERVICES, CONTRACT NO. 2011-
037212, AND ANY RELATED DOCUMENTS.

WHEREAS, the City Council has adopted the Budget Ordinance for the City of San Angelo,
for fiscal year 2010/2011, which authorized the application for annual Women, Infant, and Children
Grant (WIC) funds for fiscal year 2010/2011; and,

WHEREAS, the Texas Department of State Health Service has awarded Nine Hundred Sixty-
Four Thousand Eleven Dollars ($964,011.00) in funding payable on a reimbursement basis for fiscal
year 2010/2011, pursuant to terms and conditions as set forth in Contract No. 2011-037212; and,

WHEREAS, the Texas Department of State Health Services has approved an amendment to
the contract to increase funding by $639,500.00, for a total revised contract amount not to exceed
$1,603,511.00, for purposes of offsetting the costs of renovation of the Health Building or old library
building for WIC and additional WIC Peer Counselor funds; and,

WHEREAS, the WIC program is administered by the City of San Angelo, Neighborhood and
Family Services Department:

NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF SAN
ANGELO, TEXAS THAT:

The City Council hereby accepts and ratifies the additional WIC grant from the Texas
Department of State Health Service for fiscal year 2010/2011, in the additional sum of Six Hundred
Thirty Nine Thousand Five Hundred Dollars (639,500.00). The City Manager or his designee is
hereby authorized to execute on behalf of the City of San Angelo an amendment to Contract No.
2011-037212 with the Texas Department of State Health Service therefore, and any related
documents.

PASSED and APPROVED THIS DAY OF , 2011.

CITY OF SAN ANGELO, TEXAS

ATTEST:
Alvin New, Mayor


APPROVED AS TO CONTENT APPROVED AS TO FORM

Robert Salas Lysia H. Bowling
Director of Neighborhood and Family Services City Attorney

City of San
Angelo

Memo
Date: June 1, 2011

To: Mayor and Council Members
Subject: Consent Item June 28, 2011 Council Meeting
Caption: Consideration of approving a residential lease renewal with
Tracy Manning and Mario M. Martinez at Lot 72, Group Shady Point, 1615
Turtle Drive; and authorizing the Water Utilities Director to execute the same.
Summary: The leaseholder’s current lease expires in 2013 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: 2011-2016 $539

New lease fees: 2011-2016 $593
2028-2050 Market Value

Related Vision Item: 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: Residential Lease (Manning and Martinez)

Presentation: None.

Publication: None.

Reviewed by Svc. Area Director: Will Wilde, Water Utilities Director,
June 1, 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 Tracy Manning and Mario M.
Martinez whose address is 3838 Sunset, 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 72, 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 1615
Turtle Drive).

II. TERM, FEES AND RENT

FIXED COMMENCEMENT AND TERMINATION DATE

2.1 This lease is granted for a period of forty (40) years beginning July 1, 2011 and
ending June 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 July 1 during the term of this lease in accordance with the
following schedule:

Dates Annual Rent
For the Years 2011 Through 2016 $ 593.00

For the Years 2017 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: Tracy Manning and Mario M. Martinez
3838 Sunset
San Angelo, Texas 76902

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

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

LESSEE

Tracy Manning

LESSEE

_____________________________________
Mario M. Martinez

STATE OF TEXAS §
COUNTY OF TOM GREEN §

This instrument was acknowledged before me on the _____day of
________________, 2011 by Tracy Manning and Mario M. Martinez.

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 of San Angelo

Memo
Date: June 10, 2011
Subject: Agenda Item for June 28, 2011 Council Meeting
Caption: Consideration of authorizing the City Manager to execute a contract with the U.S.
Geological Survey for the operation of stream flow gauging stations.

Summary: The contract is for the operation of gauging stations on rivers that flow into the
City’s reservoirs by the USGS. The contract is for the period of October 2011 to September
2012.

History: The City is required under the water right permits to maintain these gauging
stations.

Financial Impact: Annual fee of $43,885.00; budgeted under water operations.

Related Vision Item (if applicable): None.

Other Information/Recommendation: The gauging stations are located on Spring Creek, Dove
Creek, South Concho, Middle Concho Rivers and on the Concho River below Bell Street and are
utilized in conjunction with the operation of Twin Buttes Dam.

It is recommended the annual contract renewal be approved.

Attachments: USGS Contract

Presentation: None.

Publication: None.

Reviewed by Service Area Director: Will Wilde, Water Utilities Director, June 10, 2011.

Harold Dominguez
City Manager
Attest: __________________________

City of San Angelo
Parks & Recreation

Memo
Date: June 24, 2011


From: Anthony Wilson, Civic Events Manager

Subject: Agenda Item for June 28, 2011, Council Meeting

Contact: Anthony Wilson, Civic Events Manager, 653-5328 or 234-0014

Caption: Consent Item

Consideration of authorizing the Mayor and/or City Manager to execute a naming
rights contract for the San Angelo Coliseum with Foster Communications and
Citywise Marketing.

Summary: On March 22, the Council approved the terms of a naming rights agreement for San
Angelo Coliseum with Foster Communications. This is a follow-up item to authorize
the execution of that contract.

History: This item allows for the execution of the naming rights agreement the City Council
unanimously approved on March 22 – the first such agreement under the naming
rights services contract with Citywise Marketing.

Foster Communications will pay $20,000 per year for 10 years for the naming rights to
the Coliseum, which will be known as Foster Communications Coliseum. (The naming
rights to the Spur Arena were sold for $13,333 per year for 15 years, and Texas Bank
bought the naming rights to the sports complex for six years at $10,000 per year.)
Foster will pay the signage costs related to the Coliseum’s name change.

Under the agreement, the City agrees to spend $7,000 annually on advertising with
Foster. The City spent $9,113 last year with Foster. Staff is comfortable the City will
continue to spend in excess of $7,000 a year with Foster, which owns and operates
the market’s most dominant group of radio stations, including KIXY-FM. Should this
amount not be met in any year, the annual payment from Foster to Civic Events would
be reduced by an equal amount the following year.

Financial Impact: The City incurs no expense with this proposal.
In keeping with its contract, Citywise earns a 30% commission on a sales price of
$200,000. That means the City will receive $14,000 annually, while Citywise, which
performed all of the legwork and will continue to administer the contract, earns $6,000.

Related Vision Item: N/A

Other Information/ Foster will maintain the Coliseum’s understated signage. Its name on the venue’s
Recommendation: façade will replace the words “San Angelo” with lettering of the same style and
color from the same manufacturer. Additionally, window clings will be placed on
the Coliseum doors, and street signs will be changed to read, “Foster
Communications Coliseum.”

The Civic Events Advisory Board was enthusiastic in its unanimous approval of
Foster’s proposal.

Attachments: Naming rights contract.
Naming rights resolution.
City Council minutes, March 22, 2011.
Presentation: N/A

Publication: N/A

Reviewed by Carl White, Parks and Recreation Director, June 13, 2011
Director:

Approved by Legal: Yes

A RESOLUTION OF THE CITY OF SAN ANGELO APPROVING
AND RATIFYING THE NAMING RIGHTS AGREEMENT BY
AND BETWEEN CITYWISE MARKETING, LLC AS
AUTHORIZED AGENT FOR THE CITY OF SAN ANGELO AND
FOSTER COMMUNICATIONS CO., INC., RENAMING THE SAN
ANGELO COLISEUM TO BE KNOWN AS THE “FOSTER
COMMUNICATIONS COLISEUM”

WHEREAS, the City of San Angelo has designated properties and facilities that
are utilized by the public the use of which would be facilitated by naming them and by
advertising them by name; and,

WHEREAS, the City Council has previously directed the City Manager or his
designee to execute an Advertising Service Agreement For Sale of Naming Rights
Sponsorships with Citywise Marketing, LLC, which Agreement is now in effect; and,

WHEREAS, on March 22nd the City Council approved the terms of the Naming
Rights Agreement to be entered into with Foster Communications Co., Inc.

NOW THEREFORE BE IT RESOLVED BY THE CITY COUNCIL OF THE
CITY OF SAN ANGELO, TEXAS THAT:

The City Council hereby approves and ratifies the Naming Rights Agreement
entered into by and between Citywise Marketing, LLC as authorized agent for the City of
San Angelo and Foster Communications Co., Inc., renaming the San Angelo Coliseum to
be known as the “Foster Communications Coliseum”.

PASSED and APPROVED THIS DAY OF , 2011.

CITY OF SAN ANGELO, TEXAS

ATTEST:
Alvin New, Mayor


APPROVED AS TO CONTENT APPROVED AS TO FORM

Anthony Wilson, Civic Events Manager Lysia H. Bowling, City Attorney

NAMING RIGHTS AGREEMENT
SAN ANGELO COLISEUM

This Naming Rights Agreement (“Agreement”) is entered into as of ____________, 2011
by and among Foster Communications Co., Inc. (“Sponsor”), a Texas broadcasting corporation
with its principal office located in San Angelo, Tom Green County, Texas, and the City of San
Angelo, in Tom Green County, State of Texas, a home rule municipal corporation, (“City”) by
and through its authorized agent, Citywise Marketing, LLC, (“Company”) , for the purposes of
contracting for naming rights concerning the City of San Angelo facility known as the City of
San Angelo Coliseum (“Coliseum”).

WHEREAS, City owns, operates, and leases the facility known as the City of San Angelo
Coliseum (“Coliseum”), located at 50 East 43rd Street, San Angelo, Texas, for various civic,
cultural, sports, entertainment, and other events.

WHEREAS, City desires to grant the naming rights for the Coliseum to Sponsor and
Sponsor desires to acquire said naming rights from City through City’s authorized agent,
Company, LLC (Company) pursuant to the terms, conditions and covenants herein contained and
for the stated consideration.

NOW, THEREFORE, in consideration of the terms, conditions and covenants herein
contained, the parties agree as follows.

1. Term of Agreement. The term of this Agreement shall commence on July 1,
2011 and continue through June 30, 2021 (“Expiration Date”),

2. Name for Coliseum. During the term of this Agreement the Coliseum Name shall
be “Foster Communications Coliseum” or such name as may hereafter be designated pursuant to
the provisions of Section 3 of this Agreement (the “Coliseum Name”). Company and City agree
to use reasonable commercial efforts to identify the Coliseum by the Coliseum Name in all
official documents, press releases, directional signage, tickets, brochures, marketing and
promotional materials, schedules, letterhead, stationery and promotional items in any form
produced or disseminated by or for them during the term of this Agreement. Company and City
shall use reasonable commercial efforts to require each person who contracts for the use of the
Coliseum to refer to and identify the Coliseum by the Coliseum Name in all promotional and
advertising materials. Occasional immaterial failures to use the Coliseum Name shall not be
deemed to be a breach of this Agreement.

3. Consideration. The consideration Payable by Sponsor to Company on behalf of
City for the naming rights conferred by this Agreement shall be two hundred thousand dollars
($200,000.00), payable in annual installments of twenty thousand dollars ($20,000.00) per year
over the ten-year Term of this Agreement, the first such payment being, due and payable on or
before July 1, 2011, and each successive annual payment due on or before July 1st of each year
thereafter during the full term of this Agreement and any extension thereof.

4. City’s Annual Purchase of Advertising from Sponsor. The City agrees to allocate
a minimum of seven thousand dollars ($7,000.00) annually during the term of this Agreement
from its overall marketing budget to be expended during each applicable year with Sponsor for
radio advertising placed with Sponsor for City.

(a) The allocation by City of seven thousand dollars ($7,000.00) per year during
the Term of this Agreement may include monies already expended or allocated to
advertising with Sponsor by City.

(b) If City fails to expend the entire seven thousand dollar ($7,000.00) amount
specified in Section 2(a) in any annual period during the term of this Agreement, any
shortfall or deficiency shall be deducted from the payment next due City from Sponsor
pursuant to Section 3 of this Agreement,.

5. Change of Coliseum Name.

(a) Change in Control of Foster Communications (“Sponsor”). In the event that,
during the Term of this Agreement, a single entity, person or group (“Acquirer”) acquires or
otherwise owns more than fifty percent (50%) of the voting shares of the Sponsor on a non-
diluted basis and elects to change the name of Foster Communications, then Acquirer may
request a name change (“Proposed Name Change”), provided that the Proposed Name Change
must be a name related to or a proposed corporate name or identity of Acquirer, and provided
that there is no event of default by Sponsor or Acquirer on the date on which the Proposed Name
Change is submitted by Acquirer. Company and City may, within sixty (60) days after receipt of
notice that Acquirer has requested the Proposed Name Change, either accept or reject such
Proposed Name Change in their sole discretion. In the event the Proposed Name Change is
approved, Acquirer agrees that it will be solely responsible for all costs and expenses that may be
incurred by Company or City, or any of City’s affiliated entities, as a result of such change. If
the Proposed Name Change is rejected by Company and City then the name shall remain Foster
Communications Coliseum until the expiration or termination of this Agreement. Acquirer shall
not be released from any liability or responsibility imposed by this Agreement.

(b) Limit of One Name Change. The parties hereto acknowledge and agree that a
total of only one (1) name changes may be allowed at the discretion of the City during the Term
of this Agreement.

6. Placement and Use of Coliseum Name / Signage. During the Term of this
Agreement, Sponsor shall have exclusive rights to procure, design, and construct signage
changing the Coliseum name for all uses during the Term to “Foster Communications
Coliseum”. Sponsor shall have the right to procure signage for the outer fascia of the Coliseum,
replacing the current “San Angelo Coliseum” name and decals on entry doors, in the lobby and
up to five points within the arena of the Coliseum. Sponsor shall have the right to signage
changing the name over the entry sign at the Coliseum gate.
Approval of initial design and infrastructure requirements concerning signage to be
placed by Sponsor, as well as any subsequent proposed modifications by Sponsor concerning
said signage, shall be subject to City’s approval at City’s sole discretion.
Naming Rights Agreement; City of San Angelo by Citywise Marketing, LLC and Foster
Communications Co., Inc. (Sponsor); Page 2

City Council June 28, 2011 Agenda Packet

City Council June 28, 2011 Agenda Packet

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City Council June 28, 2011 Agenda Packet