1. NOTICE OF A PUBLIC MEETING
AN AGENDA OF A REGULAR MEETING OF THE CITY COUNCIL
THE CITY OF SAN ANGELO, TEXAS
9:00 A.M. - Tuesday, September 18, 2012
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 7:00 P.M. every
day for two weeks beginning on the Thursday after each meeting.
As a courtesy to those in attendance, please place your cell phone on “Silent” or “Vibrate”
Thank You!
I. OPEN SESSION (9:00 A.M.)
A. Call to Order
B. Prayer and Pledge
"Honor the Texas flag; I pledge allegiance to thee, Texas, one state under God, one and indivisible.”
C. Proclamation
“Fire Prevention Week”, October 7-13, 2012, to be accepted by Thomas Truett, Fire Inspector for the City
of San Angelo
D. Recognition
AJ Fawver, Planning Manager, for being named to the American Institute of Certified Planners
E. Public Comment
The Council takes public comment on all items in the Regular Agenda. Public input on a Regular Agenda
item will be taken at its appropriate discussion. Public input on an item not on the Agenda or Consent
Agenda may be identified and requested for consideration by the Council at this time. The Council may
request an item to be placed on a future agenda, or for a Consent Agenda item, to be moved to the Regular
Agenda for public comment.
II. CONSENT AGENDA
1. Consideration of approving the following City Council meeting minutes: August 30, 2012, September
4, 2012, and September 5, 2012
2. Consideration of adopting a Resolution authorizing the Interim City Manager of his designee to
execute a Planning Agreement by and between the Texas Department of Transportation, the San
Angelo Metropolitan Planning Organization Policy Board, and the City of San Angelo, providing for
the Urban District Transportation Planning and superseding prior agreements between the parties
3. Consideration of authorizing the Interim City Manager execute an grant agreement accepting the
Federal Aviation Administration’s FY-2012 Multi Year Grant (Grant No. 3-48-0191-033-2012)
estimated at $4,000,000.00 for which $444,444.00 will be City’s portion in matching funds for
improvements a San Angelo Regional Airport
City Council Agenda Page 1 of 7 September 18, 2012

2. 4. Consideration of authorizing a fourth amended Architectural and Consulting Services Agreement with
Killis Almond Architects, PC for the design of Auditorium roof and coping replacement and
authorizing the Interim City Manager to execute said amendment
5. Second Hearing and consideration of adoption of an Ordinance repealing in its entirety the Ordinance
introduced, passed, approved and adopted on the 5th day of April, 2005 naming a private drive on Lot
1 in Southland Park Addition, Section Fifteen, Time Clock Drive; and providing an effective date
6. Second Hearing and consideration of adoption of an Ordinance naming a private drive within the City
of San Angelo located on a 3.757 acre tract in Block CC, Section 30 College Hills South Addition,
Time Clock Drive; and providing an effective date
7. Second Hearing and consideration of adoption of an Ordinance authorizing abandonment of public
right-of-way for Smith Boulevard extending approximately 1000 feet northward from the intersection
of Smith Boulevard and McGill Boulevard in northeastern San Angelo
AN ORDINANCE PROVIDING FOR THE ABANDONMENT AND CLOSING OF THE
FOLLOWING STREET SEGMENT, TO WIT: An approximately 80’ wide portion of the unimproved
public right-of-way for Smith Boulevard, extending approximately 1000’ northward from McGill
Boulevard, immediately adjacent to property owned by Howard College in northeast San Angelo;
AUTHORIZING THE CONVEYANCE THEREOF TO THE ABUTTING PROPERTY OWNERS;
PROVIDING FOR THE TERMS AND CONDITIONS OF ABANDONMENT AND
CONVEYANCE; AND PROVIDING FOR THE MAYOR TO EXECUTE AND DELIVER A QUIT
CLAIM DEED TO THE ABUTTING PROPERTY OWNERS
8. 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 12-03: Howard College Campus
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: 3501 North US Highway 67, encompassing the area known as
the Howard College, more specifically, being 33.802 acres out of the J. Pointevent Survey 1113,
Abstract 4873, and Paulann Park Addition, Section 3, Tract H, being 0.76 acre, and Paulann Park
Addition, Section 3, Tract G, being the northwestern 0.145 acre, in northeast San Angelo, a zone
change from a combination of General Commercial (CG) and Light Manufacturing (ML) to Planned
Development (PD) District; PROVIDING FOR SEVERABILITY AND PROVIDING A PENALTY
9. 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
SU 12-01: Daryl Presley
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: 2229 W Beauregard, located at the intersection of W
Beauregard Avenue and South Pierce Street; more specifically occupying the Village Shopping Center
Condo Subdivision, Block 25, Lots 5-8, in western San Angelo, to allow for a "Firearms Range" on
property in a General Commercial/ Heavy Commercial (CG/CH) district; PROVIDING FOR
SEVERABILITY AND PROVIDING A PENALTY
City Council Agenda Page 2 of 7 September 18, 2012

3. 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 12-09: Donald Spradley
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: 13 W 11th Street, located approximately 160 feet from the
intersection of North Chadbourne Street and W 11th Street; more specifically occupying the Miles
Addition, Block 52, Lot 4, in central San Angelo, changing the zoning classification from Two Family
Residential (RS-2) to General Commercial (CG) District; PROVIDING FOR SEVERABILITY AND
PROVIDING A PENALTY
11. Second Hearing and consideration of adoption of an Ordinance authorizing abandonment of public
right-of-way in Lake View Addition Block 40 and the Jacoby Addition, Block 1 in northern San
Angelo
AN ORDINANCE PROVIDING FOR THE ABANDONMENT AND CLOSING OF THE
FOLLOWING STREET SEGMENT, TO WIT: An approximately 10’ x 123’ portion of alley running
east to west, perpendicular to Travis Street, between The Jacoby Addition, Block 1, Lot 1 and Lake
View Addition, Block 40, Lots 5-7 in northern San Angelo; AUTHORIZING THE
CONVEYANCE THEREOF TO THE ABUTTING PROPERTY OWNERS; PROVIDING FOR THE
TERMS AND CONDITIONS OF ABANDONMENT AND CONVEYANCE; AND
PROVIDING FOR THE MAYOR TO EXECUTE AND DELIVER A QUIT CLAIM DEED TO
THE ABUTTING PROPERTY OWNERS
III. REGULAR AGENDA:
F. EXECUTIVE/CLOSED SESSION
Executive Session under the provision of Government Code, Title 5. Open Government; Ethics, Subtitle
A. Open Government, Chapter 551. Open Meetings, Subchapter D. Exceptions to Requirement that
Meetings be Open, Section 551.072 to deliberate the purchase, 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 551.071 to consult with attorney on matters related to the TriCity Water
initiatives and other legal matters pertaining to water acquisition rights
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
G. PUBLIC HEARING AND COMMENT
12. Presentation and update from Downtown San Angelo Main Street Program
(Presentation by DSA President Brenda Gunter)
13. Status update and discussion of Avenue P Drainage Remediation Project
(Presentation by City Engineer Clinton Bailey)
14. First Public Hearing and consideration of introduction of an Ordinance amending the standards for
visual clearance on corner lots
AN ORDINANCE AMENDING CHAPTER 12, EXHIBIT “A” ENTITLED “ZONING
ORDINANCE”, ARTICLE 5 ENTITLED “GENERAL DEVELOPMENT STANDARDS”,
City Council Agenda Page 3 of 7 September 18, 2012

4. SECTION 510 ENTITLED “VISUAL CLEARANCE ON CORNER LOTS”, BY RESTATING SAID
SECTION TO PROVIDE FOR AN EXCEPTION OF THE REQUIREMENT FOR MAINTENANCE
OF A “SIGHT TRIANGLE” ON CERTAIN CORNER LOTS FOR THE CENTRAL BUSINESS
DISTRICT; AND PROVIDING FOR AN EFFECTIVE DATE
(Presentation by Planning Manager AJ Fawver)
15. Consideration of authorizing the Interim City Manager or designee to execute a Professional Services
Agreement between the City of San Angelo and Gateway Planning Group to carry out services
outlined in CED 05-11 in preparing a Small Area Plan for Lake Nasworthy to provide professional
land use planning services in a targeted area of Lake Nasworthy
(Presentation by Planning Manager AJ Fawver)
16. Discussion, update, and presentation regarding status of PL-01-12 Downtown Master Developer
(Presentation by Planning Manager AJ Fawver)
17. Update on the Self-Insurance Fund and consideration of authorizing the health insurance premiums for
calendar year 2013
(Presentation by Human Resources Director Lisa Marley)
18. Discussion regarding dental benefits for retirees and Cost of Living Adjustments for retirees
(Requested by Councilmember Farmer)
19. Pay and Classification Study update; and discussion of methodology and approval of pay increases for
City employees
(Presentation by Human Resources Director Lisa Marley, Interim City Manager Michael Dane, and
Budget Manager Morgan Trainer)
20. Second Public Hearing and consideration of adoption of an Ordinance levying property taxes for the
City of San Angelo for the 2012 tax year
AN ORDINANCE FIXING AND LEVYING AD VALOREM TAXES FOR THE USE AND
SUPPORT OF THE MUNICIPAL GOVERNMENT OF THE CITY OF SAN ANGELO, TEXAS,
FOR THE 2012-2013 BUDGET YEAR; PROVIDING FOR THE ASSESSMENT AND
COLLECTION THEREOF; PROVIDING WHEN THE TAX SHALL BECOME DUE; PROVIDING
WHEN THE TAX SHALL BECOME DELINQUENT; PROVIDING FOR EXEMPTIONS;
PROVIDING FOR SEVERABILITY; PROVIDING FOR PUBLICATION ON THE CITY
OPERATED WEB SITE; AND, PROVIDING FOR AN EFFECTIVE DATE.
(Presentation by Budget Manager Morgan Trainer)
21. First Public Hearing and consideration of introduction of an Ordinance amending Appendix A of the
Code of Ordinances, City of San Angelo regarding utility related fees
AN ORDINANCE AMENDING APPENDIX A, “FEE SCHEDULE”, ARTICLE 8.000 “UTILITY
RELATED FEES”, OF THE CODE OF ORDINANCES, CITY OF SAN ANGELO, TEXAS,
AMENDING SECTION 8.1500 “CHARGE FOR COLLECTION OF GARBAGE AND TRASH”,
BY RESTATING SUBPART (a) RESIDENTIAL SERVICES”, (1) “RESIDENCE SERVICE
CHARGES”, ADJUSTING RESIDENCE SERVICE CHARGES; AMENDING SECTION 8.1500
“CHARGE FOR COLLECTION OF GARBAGE AND TRASH”, BY RESTATING SUBPART (b)
“COMMERCIAL SERVICE”, (2) “COMMERCIAL SERVICE CHARGES”, ADJUSTING
COMMERCIAL SERVICE CHARGES; AMENDING SECTION 8.1700 “LANDFILL CHARGES”,
BY RESTATING SUBPARTS (a), (f) AND (g), ADJUSTING LANDFILL CHARGES FOR
LICENSED COLLECTORS, CITY RESIDENTS, NON-RESIDENTS, AND FOR GARBAGE
DUMPED BY OR FOR CERTAIN GOVERNMENT ENTITIES; PROVIDING FOR
SEVERABILITY; AND PROVIDING AN EFFECTIVE DATE
(Presentation by Budget Manager Morgan Trainer and Operations Director Ricky Dickson)
City Council Agenda Page 4 of 7 September 18, 2012

5. BUDGET RELATED ITEMS #22 THROUGH #28 WILL BE PRESENTED BY BUDGET
MANAGER MORGAN TRAINER AND RELATED STAFF
22. First Public Hearing and consideration of introduction of Ordinance amending Appendix A “Fee
Schedule” related to the FY 2012-2013 Budget regarding Alarm Permit Fees
AN ORDINANCE AMENDING APPENDIX A, “FEE SCHEDULE”, ARTICLE 3.000 “BUSINESS
RELATED FEES”, SECTION 3.900 “ALARM PERMIT FEES” OF THE CODE OF
ORDINANCES, CITY OF SAN ANGELO, TEXAS, BY RESTATING SAID SECTION TO
ADJUST ALARM PERMIT FEES FOR BURGLARY AND ROBBERY ALARM SYSTEMS,
FALSE BURGLARY AND ROBBERY ALARM FEES, AND REINSTATEMENT FEE, AND
PROVIDING FOR AN ANNUAL BURGLARY AND ROBBERY ALARM SYSTEM PERMIT
LATE FEE; PROVIDING FOR SEVERABILITY; AND PROVIDING AN EFFECTIVE DATE
23. First Public Hearing and consideration of introduction of Ordinance amending Appendix A “Fee
Schedule” related to the FY 2012-2013 Budget regarding abandoning of rights-of-ways
AN ORDINANCE AMENDING APPENDIX A, “FEE SCHEDULE”, ARTICLE 9.000 “PLANNING
RELATED FEES”, SECTION 9.500.5 “CONVEYANCE OF PROPERTY INTEREST,” BY
RESTATING SAID SECTION TO PROVIDE FOR AN ADMINISTRATIVE PROCESSING FEE IN
ADDITION TO THE REQUIRED FEE FOR VALUE ON THE CONVEYANCE OF CITY’S
INTEREST IN RIGHTS-OF-WAY
24. First Public Hearing and consideration of introduction of Ordinance amending Appendix A “Fee
Schedule” related to the FY 2012-2013 Budget regarding planning related fees
AN ORDINANCE AMENDING APPENDIX A, “FEE SCHEDULE”, ARTICLE 9.000 “PLANNING
RELATED FEES”, OF THE CODE OF ORDINANCES, CITY OF SAN ANGELO, TEXAS,
AMENDING SECTION 9.200 “PLANNING AND DEVELOPMENT FEES”, RESTATING SAID
SECTION TO CREATE A SINGLE APPLICATION FEE FOR CHANGES OF ZONING
CLASSIFICATION BY CREATING AN APPLICATION FEE FOR A SPECIAL USE, BY
CREATING AN APPLICATION FEE FOR A CONDITIONAL USE, BY CREATING A FEE FOR
ALL APPLICATIONS FOR ZONE CHANGE TO PD DISTRICT, BY PROVIDING FOR ZONE
CHANGE SIGN DEPOSIT AND REFUND OF SIGN DEPOSIT, AND BY CREATING A FEE FOR
FILING OF AN APPEAL; REPEALING SECTION 9.200.5 “PLANNED DEVELOPMENT FEES;
AMENDING SECTION 9.300 “ZONING BOARD APPLICATION FEES”, RESTATING SAID
SECTION TO ADJUST THE FEES FOR A REQUEST FOR VARIANCE FROM ZONING
REGULATIONS AND THE FEE FOR APPEAL; AMENDING SECTION 9.400 “PRELIMINARY
PLATS/FINAL PLATS/REPLATS (EXCEPT ADMINISTRATIVE SUBDIVISIONS)”,
RESTATING SAID SECTION TO PROVIDE FEES FOR APPLICATIONS FOR PRELIMINARY
PLAT, FINAL PLAT AND REPLAT, AND A SUPPLEMENTAL FEE FOR REPLATS THAT
REQUIRE RENOTIFICATION; AMENDING SECTION 9.400.5 “FINAL PLATS/REPLATS OF
ADMINISTRATIVE SUBDIVISIONS”, RESTATING SAID SECTION TO PROVIDE FEES FOR
APPLICATIONS FOR FINAL AND REPLATS OF ADMINISTRATIVELY ELIGIBLE
SUBDIVISIONS, AND SUPPLEMENTAL FEE FOR FINAL PLAT OR REPLAT REQUIRING
NOTIFICATION; AMENDING SECTION 9.500 “MISCELLANEOUS PLANNING FEES”,
RESTATING SAID SECTION TO UPDATE FEES FOR MISCELLANEOUS REQUESTS;
PROVIDING FOR SEVERABILITY; AND PROVIDING AN EFFECTIVE DATE
25. First Public Hearing and consideration of introduction of Ordinance amending Chapter 7 regarding
restaurant permit fees
AN ORDINANCE AMENDING CHAPTER 7 “HEALTH & SANITATION”, ARTICLE 7.200
“REGULATION OF FOOD ESTABLISHMENTS”, SECTION 7.201 “DEFINITIONS” OF THE
CODE OF ORDINANCES OF THE CITY OF SAN ANGELO, TEXAS, BY ADDING A
DEFINITION FOR “SEASONAL”; AMENDING APPENDIX A, “FEE SCHEDULE”, ARTICLE
13.000 “HEALTH AND SANITATION RELATED FEES”, OF THE CODE OF ORDINANCES,
CITY OF SAN ANGELO, TEXAS, SECTION 13.001 “RESTAURANT PERMIT FEES” BY
City Council Agenda Page 5 of 7 September 18, 2012

6. RESTATING SAID SECTION TO PROVIDE FOR THE ADJUSTMENT OF RESTAURANT
PERMIT FEES AND LATE FEE; PROVIDING FOR SEVERABILITY; AND PROVIDING AN
EFFECTIVE DATE
26. First Public Hearing and consideration of introduction of Ordinance amending Appendix A “Fee
Schedule” related to the FY 2012-2013 Budget regarding the Office of the City Attorney’s fees
AN ORDINANCE AMENDING APPENDIX A, ENTITLED “FEE SCHEDULE,” OF THE CODE OF
ORDINANCES OF THE CITY OF SAN ANGELO, TEXAS BY ADDING A NEW ARTICLE 15.000
ESTABLISHING A FEE SCHEDULE OF ADMINISTRATIVE FEES TO BE CHARGED BY THE
OFFICE OF THE CITY ATTORNEY FOR ADMINISTRATIVE EXPENSES AND COSTS
INCURRED IN ENGAGING IN THE COLLECTION OF MONIES OWED THE CITY OF SAN
ANGELO, TEXAS, PROVIDING FOR SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE
DATE
27. First Public Hearing and consideration of introduction of Ordinance amending Appendix A “Fee
Schedule” related to the FY 2012-2013 Budget regarding administrative abatement service fees
AN ORDINANCE AMENDING APPENDIX A, “FEE SCHEDULE”, ARTICLE 4.000 “FEES FOR
THE ABATEMENT OF JUNK AND THE IMPOUNDMENT AND SALE OF PROPERTY”, OF
THE CODE OF ORDINANCES, CITY OF SAN ANGELO, TEXAS, BY ADDING A NEW
SECTION 4.300 “JUNK, TRASH, WEEDS AND UNSANITARY CONDITIONS
ADMINISTRATIVE ABATEMENT SERVICE FEE” TO PROVIDE FOR AN ADMINISTRATIVE
ABATEMENT SERVICE FEE FOR THE ABATEMENT BY THE CITY OF UNSANITARY
CONDITIONS; PROVIDING FOR SEVERABILITY; AND PROVIDING AN EFFECTIVE DATE
28. First Public Hearing and consideration of introduction of Ordinance amending Appendix A “Fee
Schedule” related to the FY 2012-2013 Budget regarding taxicab permit fees
AN ORDINANCE AMENDING APPENDIX A, “FEE SCHEDULE”, ARTICLE 3.000 “BUSINESS
RELATED FEES”, OF THE CODE OF ORDINANCES, CITY OF SAN ANGELO, TEXAS,
SECTION 3.300 “TAXICAB PERMIT FEE”, SUBPARAGRAPH (a), BY RESTATING SAID
SUBPARAGRAPH (a) TO PROVIDE FOR THE ADJUSTMENT OF TAXICAB PERMIT FEES;
PROVIDING FOR SEVERABILITY; AND PROVIDING AN EFFECTIVE DATE
29. First Public Hearing and consideration of introduction of Ordinance amending Article 11.200 of the
Water Conservation and Drought Contingency Ordinance by adding a new subsection to the
Exception and Variance Section
AN ORDINANCE AMENDING CHAPTER 11, ARTICLE 11.200, SECTION 11.204 OF THE
CODE OF ORDINANCES, CITY OF SAN ANGELO, TEXAS, ENTITLED “WATER
CONSERVATION AND DROUGHT CONTINGENCY PLAN”, BY AMENDING SUBSECTION
11.204(a) “EXCEPTIONS”; PROVIDING FOR SEVERABILITY; PROVIDING FOR A PENALTY;
AND PROVIDING FOR AN EFFECTIVE DATE
(Presentation by Water Utilities Director Will Wilde)
30. Consideration of adopting a Resolution implementing Drought Level III of the City’s Water
Conservation and Drought Contingency Plan
(Presentation by Water Utilities Director Will Wilde)
31. Consideration of matters related to the filling and operation of city fountains, water lily basins and
Love Municipal Pool during Drought Stage III
(Presentation by Parks and Recreation Director Carl White)
32. Discussion and possible action to adopt a Resolution establishing a uniform policy for the City of San
Angelo’s Boards and Commissions
(Requested by Councilmember Hirschfeld)
City Council Agenda Page 6 of 7 September 18, 2012

7. H. FOLLOW UP AND ADMINISTRATIVE ISSUES
33. Consideration of matters discussed in Executive/Session, if needed
34. Consideration of various Board nominations by Council and designated Councilmembers:
a. Design and Historic Review Commission:
 To a first full term September 2014: Bill Carter (SMD2), Benjamin Villarreal (SMD3), Hal
Noelke (SMD5), and Gary Donaldson (SMD6)
 To a first full term September 2013: Margaret Mallard (SMD4)
b. Development Corporation: Pedro Ramirez (SMD3) to an unexpired term February 2013
35. Announcements and consideration of Future Agenda Items
The City of San Angelo will host a Grand Opening event for the newly renovated City Hall, 72 W.
College, and Community Development Building, 52 W. College, on Thursday, October 18, 2012,
from 5:00 P.M. to 8:00 P.M.
36. Adjournment
Given by order of the City Council and posted in accordance with Title 5, Texas Government Code, Chapter
551, Friday, September 14, 2012, at 5:00 P.M.
/x/________________________
Alicia Ramirez, City Clerk
City Council Agenda Page 7 of 7 September 18, 2012

8. CITY COUNCIL MINUTE RECORD
The City of San Angelo Page 699
Tuesday, August 30, 2012 Vol. 103
OPEN SESSION
BE IT REMEMBERED City Council convened in a special meeting at 1:34 P.M., Tuesday, August 30, 2012, 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 and pledge was led by Mayor New.
SPECIAL AGENDA
EXECUTIVE/CLOSED SESSION
At 1:36 P.M., Council convened in Executive Session under the provision of Government Code, Title 5.
Open Government; Ethics, Subtitle A. Open Government, Chapter 551. Open Meetings, Subchapter D.
Exceptions to Requirement that Meetings be Open, Section 551.074 Personnel Matters to discuss the
appointment, employment, and duties of the City Manager.
OPEN SESSION (continued)
At 3:20 P.M. City Council concluded the Executive/Closed Session whereupon the following business was
transacted:
RECESS
At AP.M., Mayor New called a recess.
RECONVENE
At AP.M., Council reconvened, and the following business was transacted:
PUBLIC HEARING AND COMMENT
FOLLOW UP AND ADMINISTRATIVE ISSUES
CONSIDERATION OF MATTERS DISCUSSED IN EXECUTIVE/CLOSED SESSION
Motion, to select the following candidates as finalist for the position of City Manager: Christopher D. Coffman,
Jared H. Miller, Susan K. Thorpe, Daniel H. Valenzuela, and Melissa Byrne Vossmer, was made by
Councilmember Hirschfeld and seconded by Councilmember Silvas. Motion carried unanimously.

9. Page 700 Minutes
Vol. 103 August 30, 2012
ADJOURNMENT
Motion, to adjourn, was made by Councilmember Adams and seconded by Councilmember Farmer. Motion
carried unanimously.
The meeting adjourned at 3:24 P.M.
THE CITY OF SAN ANGELO
___________________________________
Alvin New, Mayor
ATTEST:
_______________________________
Alicia Ramirez, City Clerk
In accordance with Chapter 2, Article 2.300, of the Official Code of the City of San Angelo, the minutes of this
meeting consist of the preceding Minute Record and the Supplemental Minute Record. Details on Council
meetings may be obtained from the City Clerk’s Office or a video of the entire meeting may be purchased from
the Public Information Officer at 481-2727. (Portions of the Supplemental Minute Record video tape recording
may be distorted due to equipment malfunction or other uncontrollable factors.)

10. CITY COUNCIL MINUTE RECORD
The City of San Angelo Page 701
Tuesday, September 4, 2012 Vol. 103
OPEN SESSION
BE IT REMEMBERED City Council convened in a regular meeting at 9:09 A.M., Tuesday, September 4, 2012,
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 Bishop Michael Pfeiffer, OMI and pledge was led by Colby Grafa, 5th Grader,
Bowie Elementary, son of Steven Grafa, Parks Facilities Crew Leader.
PROCLAMATIONS
“Day of Community Prayer for the success of this year’s United Way Campaign in the Concho Valley”,
September 4, 2012, was accepted by Patti Breitreiter, President & CEO of the United Way of the Concho
Valley, Donna Brosh, Campaign Director, and Bishop Michael Pfeiffer, OMI.
“United Way of the Concho Valley's Children's Day”, September 15, 2012, was accepted by Patti Breitreiter,
President & CEO of the United Way of the Concho Valley, Donna Brosh, Campaign Director, and Bishop
Michael Pfeiffer, OMI.
“Constitution Week”, September 17th through 24th, 2012, was accepted by Shirley Dobson, Texas Society
Daughters of the American Revolution, District X Director.
PUBLIC COMMENT
Public comments were made by WTOS member Jerry Sea.
CONSENT AGENDA
APPROVAL OF THE AUGUST 21, 2012 CITY COUNCIL REGULAR MEETING MINUTES
ADOPTION OF A RESOLUTION AWARDING A UNIT SUPPLY BID FOR EMS SUPPLIES, RFB NO.
FD-01-12, TO ZOLL MEDICAL CORPORATION, AND AUTHORIZATION FOR THE INTERIM CITY
MANAGER OR HIS DESIGNEE TO NEGOTIATE AND EXECUTE A CONTRACT THEREFORE AND
RELATED PURCHASING DOCUMENTS ON BEHALF OF THE CITY OF SAN ANGELO FIRE
DEPARTMENT, AND PROVIDING FOR AN EFFECTIVE DATE (Page 711, #2012-09-121)
CONSIDERATION OF AUTHORIZING THE SALE OF THE PROPERTY LOCATED AT 2202 JOY ROAD
(HIRSCHFELD) FOR THE APPRAISED VALUE OF $49,300.00 AND AUTHORIZATION FOR THE
MAYOR, INTERIM 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 (Discussed in Regular Session)

11. Page 702 Minutes
Vol. 103 September 4, 2012
ADOPTION OF A RESOLUTION APPROVING PARTICIPATION OF THE CITY OF SAN ANGELO IN
THE TEXAS EVENTS TRUST FUND FOR THE LUCAS OIL 2013 FIRST ANNUAL OFF ROAD RACING
EVENT AND AUTHORIZATION FOR THE INTERIM CITY MANAGER TO APPLY FOR A TEXAS
EVENTS TRUST FUND GRANT THEREFORE (Page 713, #2012-09-122)
ADOPTION OF A RESOLUTION ACCEPTING THE FY2013 PUBLIC HEALTH EMERGENCY
PREPAREDNESS GRANT FROM THE DEPARTMENT OF STATE HEALTH SERVICES IN THE
AMOUNT OF $110,166.00 WITH THE CITY PROVIDING A 10% MATCH OF $11,016.00 (Page 715,
#2012-09-123)
ADOPTION OF A RESOLUTION ACCEPTING THE FY2013 RLSS-LOCAL PUBLIC HEALTH SYSTEM
GRANT FROM THE DEPARTMENT OF STATE HEALTH SERVICES IN THE AMOUNT OF
$119,433.00 (Page 717, #2012-09-124)
CONSIDERATION OF APPROVING A COUNCILMEMBER HIRSCHFELD’S APPOINTMENT AS A
CITY REPRESENTATIVE TO THE CONCHO WATERMASTER ADVISORY COMMITTEE (Discussed in
Regular Session)
SECOND HEARING AND ADOPTION OF AN ORDINANCE TO DISSOLVE THE RIVER CORRIDOR
COMMISSION AND HISTORIC PRESERVATION COMMISSION AND TO CREATE A NEW
COMMISSION ENTITLED DESIGN AND HISTORIC REVIEW COMMISSION AND MATTERS
RELATED THERETO (Page 719, #2012-09-125)
AN ORDINANCE AMENDING CHAPTER 2 “ADMINISTRATION”, OF THE CODE OF ORDINANCES
OF THE CITY OF SAN ANGELO BY REPEALING ARTICLE 2.3000 ENTITLED “HISTORIC
PRESERVATION COMMISSION” IN ITS ENTIRETY; REPEALING ARTICLE 2.2800 ENTITLED
“RIVER CORRIDOR COMMISSION” IN ITS ENTIRETY AND ENACTING A NEW ARTICLE 2.2800
ENTITLED “DESIGN AND HISTORIC REVIEW COMMISSION”; PROVIDING FOR THE CREATION
OF THE COMMISSION; PROVIDING FOR THE QUALIFICATIONS AND TERMS OF
COMMISSIONERS; PROVIDING FOR DUTIES, OFFICERS, HISTORIC PRESERVATION OFFICER, EX-
OFFICIO MEMBERS, AND QUORUM OF THE COMMISSION; PROVIDING FOR BYLAWS;
PROVIDING FOR MEETINGS AND MINUTES; PROVIDING FOR ABSENT MEMBERS; AMENDING
CHAPTER 12, “PLANNING AND DEVELOPMENT”, ARTICLE 2 “DEVELOPMENT REVIEW, SECTION
215 “DECISION-MAKING BODIES AND OFFICIALS” BY AMENDING SUBPARAGRAPH “E”
SETTING FORTH POWERS OF THE DESIGN AND HISTORIC REVIEW COMMISSION; AMENDING
CHAPTER 12, “PLANNING AND DEVELOPMENT”, ARTICLE 2 “DEVELOPMENT REVIEW, SECTION
215 “DECISION-MAKING BODIES AND OFFICIALS” BY REPEALING SUBPARAGRAPH “F”;
AMENDING CHAPTER 12, “PLANNING AND DEVELOPMENT”, ARTICLE 12.700 “RIVER
CORRIDOR DEVELOPMENT”, BY REPEALING SECTIONS 12.704 AND 12.705 AND RESTATING
SECTION 12.702 ”DEFINITION OF RIVER CORRIDOR” AND 12.703 “ISSUANCE OF BUILDING
PERMITS; APPEALS”, PROVIDING FOR REVIEW OF CONSTRUCTION PLANS BY THE DESIGN
AND HISTORIC REVIEW COMMISSION; AMENDING CHAPTER 12, “PLANNING AND
DEVELOPMENT”, ARTICLE 12.800 “HISTORIC PRESERVATION TAX ABATEMENT”, BY
RESTATING SECTION 12.802 “HISTORIC OVERLAY ZONE TAX ABATEMENT”, AND SECTION
12.803 “HISTORIC PROJECT TAX ABATEMENT”, TO PROVIDE FOR HISTORIC OVERLAY TAX
ABATEMENT AND REVIEW BY THE DESIGN AND HISTORIC REVIEW COMMISSION, TO
PROVIDE FOR HISTORIC PROJECT TAX ABATEMENT ON APPLICATION TO THE DESIGN AND
HISTORIC REVIEW COMMISSION AND PROVIDING FOR APPEALS; AMENDING CHAPTER 12,
“PLANNING AND DEVELOPMENT”, EXHIBIT A, “ZONING ORDINANCE”, ARTICLE 2
“DEVELOPMENT REVIEW”, BY RESTATING SECTION 202 “SUMMARY OF DEVELOPMENT
REVIEW PROCEDURES”, TO PROVIDE A SUMMARY OF DEVELOPMENT REVIEW PROCEDURES;
AMENDING CHAPTER 12, “PLANNING AND DEVELOPMENT”, EXHIBIT A, “ZONING

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ORDINANCE”, ARTICLE 2, “DEVELOPMENT REVIEW”, BY RESTATING SECTION 211 “HISTORIC
OVERLAY ZONE”, PROVIDING FOR A HISTORIC OVERLAY ZONE AND PROCEDURES FOR
DESIGNATION OF LANDMARK OR DISTRICTS, FOR PUBLIC HEARING BEFORE THE DESIGN
AND HISTORIC REVIEW COMMISSION, AND FOR APPEAL; AMENDING CHAPTER 12, “PLANNING
AND DEVELOPMENT”, EXHIBIT A, “ZONING ORDINANCE”, BY REPEALING ARTICLE 3 “USE
REGULATIONS”, SECTION 308 “HO (HISTORIC OVERLAY ZONE)”, SUBCHAPTER F “DEMOLITION
BY NEGLECT”; AMENDING CHAPTER 12, “PLANNING AND DEVELOPMENT, EXHIBIT C, “LAND
DEVELOPMENT AND SUBDIVISION ORDINANCE”, CHAPTER 5 “PROCEDURAL REQUIREMENTS
FOR PROCESSING SUBDIVISIONS” BY REPEALING SECTION VII “RIVER CORRIDOR
DEVELOPMENT; PROVIDING FOR SEVERABILITY OF TERMS AND PROVISIONS; AND,
PROVIDING FOR AN EFFECTIVE DATE.
Councilmember Hirschfeld requested the sale of the property located at 2202 Joy Road (Hirschfeld) be
considered in the Regular Agenda and further recused himself from voting on the item. Council concurred
Councilmember Farmer requested the item regarding Hirschfeld’s appointment as a city representative to the
Concho Watermaster Advisory Committee also be considered in the Regular Agenda. Council concurred.
Motion, to approve the Consent Agenda, as presented, with the exception of items regarding 2202 Joy Road and
the Concho Watermaster Advisory Committee, was made by Councilmember Farmer and seconded by
Councilmember Silvas. Motion carried unanimously.
REGULAR AGENDA: PUBLIC HEARING AND COMMENT
AUTHORIZATION FOR THE SALE OF THE PROPERTY LOCATED AT 2202 JOY ROAD
(HIRSCHFELD) FOR THE APPRAISED VALUE OF $49,300.00 AND AUTHORIZATION FOR THE
MAYOR, INTERIM 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 (Discussed in Regular Session)
Motion, to authorize the sale, as presented, was made by and seconded by . Motion carried unanimously.
APPROVAL OF COUNCILMEMBER HIRSCHFELD’S APPOINTMENT AS A CITY REPRESENTATIVE
TO THE CONCHO WATERMASTER ADVISORY COMMITTEE (Discussed in Regular Session)
Motion, to approve the appointment, as presented, was made by and seconded by . Motion carried unanimously.
Councilmember Hirschfeld rejoined the meeting.
CONSIDERATION OF MATTERS RELATED TO THE NAMING OF A PRIVATE DRIVE WITHIN THE
CITY OF SAN ANGELO:
· FIRST PUBLIC HEARING AND INTRODUCTION OF AN ORDINANCE REPEALING IN ITS
ENTIRETY THE ORDINANCE INTRODUCED, PASSED, APPROVED AND ADOPTED ON THE 5TH
DAY OF APRIL, 2005 NAMING A PRIVATE DRIVE ON LOT 1 IN SOUTHLAND PARK ADDITION,
SECTION FIFTEEN, TIME CLOCK DRIVE; AND PROVIDING AN EFFECTIVE DATE
· FIRST PUBLIC HEARING AND INTRODUCTION OF AN ORDINANCE NAMING A PRIVATE
DRIVE WITHIN THE CITY OF SAN ANGELO LOCATED ON A 3.757 ACRE TRACT IN BLOCK
CC, SECTION 30 COLLEGE HILLS SOUTH ADDITION, TIME CLOCK DRIVE; AND PROVIDING
AN EFFECTIVE DATE
Development Coordinator Bob Schneeman presented background information. A copy of the presentation is
part of the Permanent Supplemental Minute record.
Motion, to introduce the Ordinance repealing and Ordinance designating Time Clock Drive, as presented, was
made by Councilmember Silvas and seconded by Councilmember Morrison.

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Fire Chief Brian Dunn expressed his concerns regarding public safety response time as a result of changing
names of streets and related 911 issues.
A vote was taken on the motion on the floor. Motion carried unanimously.
Councilmember Adams arrived to the meeting at 9:39 A.M.
FIRST PUBLIC HEARING AND INTRODUCTION OF AN ORDINANCE AUTHORIZING
ABANDONMENT OF PUBLIC RIGHT-OF-WAY FOR SMITH BOULEVARD EXTENDING
APPROXIMATELY 1000 FEET NORTHWARD FROM THE INTERSECTION OF SMITH BOULEVARD
AND MCGILL BOULEVARD IN NORTHEASTERN SAN ANGELO
AN ORDINANCE PROVIDING FOR THE ABANDONMENT AND CLOSING OF THE FOLLOWING
STREET SEGMENT, TO WIT: An approximately 80’ wide portion of the unimproved public right-of-way for
Smith Boulevard, extending approximately 1000’ northward from McGill Boulevard, immediately adjacent to
property owned by Howard College in northeast San Angelo; AUTHORIZING THE CONVEYANCE
THEREOF TO THE ABUTTING PROPERTY OWNERS; PROVIDING FOR THE TERMS AND
CONDITIONS OF ABANDONMENT AND CONVEYANCE; AND PROVIDING FOR THE MAYOR TO
EXECUTE AND DELIVER A QUIT CLAIM DEED TO THE ABUTTING PROPERTY OWNERS
Planning Manager AJ Fawver presented background information. A copy of the presentation is part of the
Permanent Supplemental Minute record.
Motion, to introduce the Ordinance, as presented, was made by Councilmember Morrison and seconded by
Councilmember Adams. Motion carried unanimously.
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 12-03: Howard College Campus
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: 3501 North US Highway 67, encompassing the area known as the
Howard College, more specifically, being 33.802 acres out of the J. Pointevent Survey 1113, Abstract 4873, and
Paulann Park Addition, Section 3, Tract H, being 0.76 acre, and Paulann Park Addition, Section 3, Tract G,
being the northwestern 0.145 acre, in northeast San Angelo, a zone change from a combination of General
Commercial (CG) and Light Manufacturing (ML) to Planned Development (PD) District; PROVIDING FOR
SEVERABILITY AND PROVIDING A PENALTY
Planning Manager AJ Fawver presented background information. A copy of the presentation is part of the
Permanent Supplemental Minute record.
Motion, to introduce the Ordinance, as presented, was made by Councilmember Morrison and seconded by
Councilmember Hirschfeld. Motion carried unanimously.
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 12-10: GBT Realty
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

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FOLLOWING PROPERTY, TO WIT: An unaddressed 1.36 acre tract, at the southwest corner of the
intersection of Glenna Street and Howard Street, and just north of the Jefferson Heights Addition, Block 25,
Lots 34-40; more specifically, occupying 1.36 acres of the J Moehl Survey, in northwest San Angelo, changing
the zoning classification from Two Family Residential (RS-2) to Neighborhood Commercial (CN) District;
PROVIDING FOR SEVERABILITY AND PROVIDING A PENALTY
Planning Manager AJ Fawver presented background information. A copy of the presentation is part of the
Permanent Supplemental Minute record.
Motion, to deny the introduction of the Ordinance, as presented, was made by Councilmember Adams and
seconded by Councilmember Morrison.
General discussion was held on the potential increase in traffic, other potential uses for this area, and whether
alcoholic beverages would be sold at this location. City Clerk Alicia Ramirez confirmed the local Dollar
General stores sale alcoholic beverages.
Public comments were made by West Texas Organizing Strategy representative Craig Meyers and Proponent
Terry Cowan.
A vote was taken on the motion on the floor. AYE: Silvas, Morrison, Adams, and Farmer. NAY: New,
Alexander, Hirschfeld. Motion carried 4-3.
RECESS
At 10:14 P.M., Mayor New called a recess.
RECONVENE
At 10:28 P.M., Council reconvened, and the following business was transacted:
FIRST PUBLIC HEARING AND INTRODUCTION OF AN ORDINANCE AMENDING CHAPTER 12,
EXHIBIT “A” (ZONING ORDINANCE) OF THE CODE OF ORDINANCES, CITY OF SAN ANGELO
SU 12-01: Daryl Presley
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: 2229 W Beauregard, located at the intersection of W Beauregard
Avenue and South Pierce Street; more specifically occupying the Village Shopping Center Condo Subdivision,
Block 25, Lots 5-8, in western San Angelo, to allow for a "Firearms Range" on property in a General
Commercial/ Heavy Commercial (CG/CH) district; PROVIDING FOR SEVERABILITY AND PROVIDING A
PENALTY
Planning Manager AJ Fawver presented background information. A copy of the presentation is part of the
Permanent Supplemental Minute record.
Motion, to introduce the Ordinance, as presented, was made by Councilmember Adams and seconded by
Councilmember Hirschfeld.
General discussion was held on the type of firearms that would be discharged, sound abatement material, state
regulations pertaining to indoor ranges, and future retail use.
A vote was taken on the motion on the floor. Motion carried unanimously.
FIRST PUBLIC HEARING AND APPROVAL OF THE PLANNING COMMISSION’S
RECOMMENDATION MODIFYING A REQUEST FOR A ZONE CHANGE FROM TWO FAMILY
RESIDENTIAL (RS-2) TO GENERAL COMMERCIAL (CG), ALTERNATIVELY RECOMMENDING A

15. Page 706 Minutes
Vol. 103 September 4, 2012
ZONE CHANGE FROM TWO FAMILY RESIDENTIAL (RS-2) TO NEIGHBORHOOD COMMERCIAL
(CN) WITH AN INTRODUCTION OF AN ORDINANCE AMENDING CHAPTER 12, EXHIBIT “A”
(ZONING ORDINANCE) OF THE CODE OF ORDINANCES, CITY OF SAN ANGELO
Z 12-09: Donald Spradley
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: 13 W 11th Street, located approximately 160 feet from the intersection
of North Chadbourne Street and W 11th Street; more specifically occupying the Miles Addition, Block 52, Lot
4, in central San Angelo, changing the zoning classification from Two Family Residential (RS-2) to
Neighborhood Commercial (CN) District; PROVIDING FOR SEVERABILITY AND PROVIDING A
PENALTY
Planning Manager AJ Fawver presented background information. A copy of the presentation is part of the
Permanent Supplemental Minute record.
Motion, to introduce the Ordinance, as presented, was made by Councilmember Morrison and seconded by
Councilmember Hirschfeld. Motion carried unanimously.
FIRST PUBLIC HEARING AND INTRODUCTION OF AN ORDINANCE AUTHORIZING
ABANDONMENT OF PUBLIC RIGHT-OF-WAY IN LAKE VIEW ADDITION BLOCK 40 AND THE
JACOBY ADDITION, BLOCK 1 IN NORTHERN SAN ANGELO
AN ORDINANCE PROVIDING FOR THE ABANDONMENT AND CLOSING OF THE FOLLOWING
STREET SEGMENT, TO WIT: An approximately 10’ x 123’ portion of alley running east to west,
perpendicular to Travis Street, between The Jacoby Addition, Block 1, Lot 1 and Lake View Addition, Block
40, Lots 5-7 in northern San Angelo; AUTHORIZING THE CONVEYANCE THEREOF TO THE
ABUTTING PROPERTY OWNERS; PROVIDING FOR THE TERMS AND CONDITIONS OF
ABANDONMENT AND CONVEYANCE; AND PROVIDING FOR THE MAYOR TO EXECUTE AND
DELIVER A QUIT CLAIM DEED TO THE ABUTTING PROPERTY OWNERS
Planning Manager AJ Fawver presented background information. A copy of the presentation is part of the
Permanent Supplemental Minute record.
Motion, to introduce the Ordinance, as presented, was made by Councilmember Morrison and seconded by
Councilmember Silvas. Motion carried unanimously.
DISCUSSION ON MATTERS RELATED TO THE ADOPTION OF A RESOLUTION IMPLEMENTING
DROUGHT LEVEL III OF THE CITY’S WATER CONSERVATION AND DROUGHT CONTINGENCY
PLAN
Water Utilities Director Will Wilde presented background information and informed to date, the City does not
meet the trigger points for Drought Level III (DLIII). City Attorney Lysia H. Bowling explained the Water
Utilities Director must determine the City’s water level has meet the trigger point as outlined in the Ordinance
before Council can declare DLIII. Therefore, entering the DLIII in advance is not permissible under the current
Ordinance language.
General discussion was held on the calculation of the water levels which does not include the Hickory project,
DLIII criteria, further establishing variances and amending the exemption policy; recommended applying
exemptions by group or type of business as opposed to individual request as currently outlined in the ordinance;
residential users abusing the restrictions of the ordinance; the City’s efforts to begin minimizing water use in
various department activities; actively participating in water conservation efforts; approaching the restrictions in
phases for next 2 to 3 months and continuously reviewing those impacts; issues related to golf courses, pools,

16. Minutes Page 707
September 4, 2012 Vol. 103
and car washed.
Public comments were made by Robert Banskter, Tobin Abbott of Southwest Pools, Craig Hill of Hill Pools,
and Bobby Lewallen of Auto Paradise.
Council directed staff to present their recommendations to amend the ordinance at the September 18, 2012
meeting.
FIRST PUBLIC HEARING AND INTRODUCTION OF AN ORDINANCE AMENDING APPENDIX A OF
THE CODE OF ORDINANCES, CITY OF SAN ANGELO REGARDING UTILITY RELATED FEES
AN ORDINANCE AMENDING APPENDIX A, “FEE SCHEDULE”, ARTICLE 8.000 “UTILITY RELATED
FEES”, OF THE CODE OF ORDINANCES, CITY OF SAN ANGELO, TEXAS, AMENDING SECTION
8.1500 “CHARGE FOR COLLECTION OF GARBAGE AND TRASH”, BY RESTATING SUBPART (a)
RESIDENTIAL SERVICES”, (1) “RESIDENCE SERVICE CHARGES”, ADJUSTING RESIDENCE
SERVICE CHARGES; AMENDING SECTION 8.1500 “CHARGE FOR COLLECTION OF GARBAGE
AND TRASH”, BY RESTATING SUBPART (b) “COMMERCIAL SERVICE”, (2) “COMMERCIAL
SERVICE CHARGES”, ADJUSTING COMMERCIAL SERVICE CHARGES; AMENDING SECTION
8.1700 “LANDFILL CHARGES”, BY RESTATING SUBPARTS (a), (f) AND (G), ADJUSTING LANDFILL
CHARGES FOR LICENSED COLLECTORS, CITY RESIDENTS, NON-RESIDENTS, AND FOR
GARBAGE DUMPED BY OR FOR CERTAIN GOVERNMENT ENTITIES; PROVIDING FOR
SEVERABILITY; AND PROVIDING AN EFFECTIVE DATE
Due to time constraints, Budget Manager Morgan Trainer suggested postponing this item until the September
18, 2012 meeting. Council concurred.
SECOND PUBLIC HEARING AND ADOPTION OF AN ORDINANCE OF THE CITY OF SAN ANGELO
APPROVING AND ADOPTING THE FY 2013 BUDGET AND RELATED MATTERS (Page 747, #2012-
09-126)
AN ORDINANCE OF THE CITY OF SAN ANGELO APPROVING AND ADOPTING THE BUDGET FOR
THE FISCAL YEAR BEGINNING OCTOBER 1, 2012, AND ENDING SEPTEMBER 30, 2013; ADOPTING
EMPLOYEE COMPENSATION SCHEDULES; PROVIDING FOR THE GENERAL APPROPRIATION OF
FUNDS; RESERVING UNTO THE CITY COUNCIL THE AUTHORITY TO TRANSFER APPROPRIATIONS
BUDGETED; RATIFYING TRANSFERS OF APPROPRIATIONS OCCURRING IN THE 2011-2012 FISCAL
YEAR AND AMENDING THAT BUDGET ORDINANCE ACCORDINGLY; RESERVING UNTO THE CITY
COUNCIL THE POWER, ONLY AS PERMITTED BY LAW, TO AMEND OR MAKE CHANGES IN THE
BUDGET FOR MUNICIPAL PURPOSES; PROVIDING AUTHORITY FOR THE CITY MANAGER OR HIS
DESIGNEE TO MAKE CERTAIN ADJUSTMENTS FROM TIME TO TIME IN OR BETWEEN BUDGETED
ALLOCATIONS; AND, PROVIDING FOR FILING OF THE BUDGET
Interim City Manager Michael Dane and Budget Manager Morgan Trainer presented background information. A
copy of the presentation is part of the Permanent Supplemental Minute record.
General discussion was held Council prior directive to replenish the $44,633.00 to continue senior nutrition
program, Line Item 310 $1M decrease in the City’s Health benefit due to positive impacts of the plan’s changes,
and the pay plan distribution methodology and the option to determine such at a later date.
Motion, to adopt the Ordinance, as presented, including replenishing the $44,633.00 to continue the Senior
Nutrition Program, was made by Councilmember Morrison and seconded by Councilmember Adams.
Further discussion was held and concern expressed on the various Council directives to staff regarding
requested budget adjustments from prior budget discussions.
A vote was taken on the motion on the floor. AYE: New, Alexander, Morrison, and Adams. NAY: Silvas,
Hirschfeld, and Farmer. Motion carried 4-3.

17. Page 708 Minutes
Vol. 103 September 4, 2012
FIRST PUBLIC HEARING AND INTRODUCTION OF AN ORDINANCE LEVYING PROPERTY TAXES
FOR THE CITY OF SAN ANGELO FOR THE 2012 TAX YEAR
AN ORDINANCE FIXING AND LEVYING AD VALOREM TAXES FOR THE USE AND SUPPORT OF
THE MUNICIPAL GOVERNMENT OF THE CITY OF SAN ANGELO, TEXAS, FOR THE 2012-2013
BUDGET YEAR; PROVIDING FOR THE ASSESSMENT AND COLLECTION THEREOF; PROVIDING
WHEN THE TAX SHALL BECOME DUE; PROVIDING WHEN THE TAX SHALL BECOME
DELINQUENT; PROVIDING FOR EXEMPTIONS; PROVIDING FOR SEVERABILITY; PROVIDING
FOR PUBLICATION ON THE CITY OPERATED WEB SITE; AND, PROVIDING FOR AN EFFECTIVE
DATE.
Budget Manager Morgan Trainer presented background information.
Motion, to introduce the Ordinance, as presented, was made by Councilmember Morrison and seconded by
Councilmember Alexander. Motion carried unanimously.
RECESS
At 12:24 P.M., Mayor New called a recess.
RECONVENE
At 1:20 P.M., Council reconvened, and the following business was transacted:
EXECUTIVE/CLOSED SESSION
At 1:20 P.M., Council convened in Executive Session under the provision of Government Code, Title 5 Open
Government, Ethics; Subtitle A Open Government; Chapter 551 Open Meetings; Subchapter D, Exceptions to
Requirement that Meetings be Open, Section 551.074 Personnel Matters to interview candidates for the City
Manager position.
OPEN SESSION (continued)
At 4:55 P.M. City Council concluded the Executive/Closed Session whereupon the following business was
transacted:
FOLLOW UP AND ADMINISTRATIVE ISSUES
CONSIDERATION OF MATTERS DISCUSSED IN EXECUTIVE/CLOSED SESSION
No action was taken on matters discussed in Executive/Closed Session.
CONSIDERATION OF FUTURE AGENDA ITEMS
Interim City Manager Michael Dane distributed the proposed September 4, 2012 Agenda and solicited Council
comments and suggestions.
The following items were requested:
Introduction of the Utility Related Fee Ordinance
Options and methodology for pay increases
Exemptions under the Water Conservation Ordinance
Downtown Development Commission update
TriCity efforts
Board and Commission uniform term policy

18. Minutes Page 709
September 4, 2012 Vol. 103
ADJOURNMENT
Motion, to adjourn, was made by Councilmember Adams and seconded by Councilmember Morrison. Motion
carried unanimously.
The meeting adjourned at 5:09 P.M.
THE CITY OF SAN ANGELO
___________________________________
Alvin New, Mayor
ATTEST:
_______________________________
Alicia Ramirez, City Clerk
In accordance with Chapter 2, Article 2.300, of the Official Code of the City of San Angelo, the minutes of this
meeting consist of the preceding Minute Record and the Supplemental Minute Record. Details on Council
meetings may be obtained from the City Clerk’s Office or a video of the entire meeting may be purchased from
the Public Information Officer at 481-2727. (Portions of the Supplemental Minute Record video tape recording
may be distorted due to equipment malfunction or other uncontrollable factors.)

19. Page 710 Minutes
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THIS PAGE INTENTIONALLY LEFT BLANK.

20. CITY COUNCIL MINUTE RECORD
The City of San Angelo Page 755
Tuesday, September 5, 2012 Vol. 103
OPEN SESSION
BE IT REMEMBERED City Council convened in a special meeting at 9:06 A.M., Tuesday, September 5, 2012,
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 and pledge was led by Councilmember Silvas.
SPECIAL AGENDA
EXECUTIVE/CLOSED SESSION
At 9:09 A.M., Council convened in Executive Session under the provision of Government Code, Title 5.
Open Government; Ethics, Subtitle A. Open Government, Chapter 551. Open Meetings, Subchapter D.
Exceptions to Requirement that Meetings be Open, Section 551.074 Personnel Matters to discuss the
appointment, employment, and duties of the City Manager.
Councilmember Adams arrived to the meeting at 9:28 A.M.
OPEN SESSION (continued)
At 5:06 P.M. City Council concluded the Executive/Closed Session whereupon the following business was
transacted:
Mayor New left the meeting at 5:06 P.M. and did not return.
PUBLIC HEARING AND COMMENT
CONSIDERATION OF MATTERS DISCUSSED IN EXECUTIVE/CLOSED SESSION
Motion, to appointment Mr. Daniel Valenzuela, was made by Councilmember Adams and seconded by
Councilmember Morrison.
Although absent upon the announcement, Council members informed the Mayor also supported the selection
and appointment of Mr. Valenzuela.
A vote was taken on the motion on the floor. Motion carried unanimously.
Mr. Valenzuela accepted the offer for the position of City Manager and thanked the Council for the opportunity
to work for the City of San Angelo.
Human Resources Director Lisa Marley informed his employment may begin on or about October 16, 2012.

21. Page 756 Minutes
Vol. 103 September 5, 2012
ADJOURNMENT
Motion, to adjourn, was made by Councilmember Adams and seconded by Councilmember Farmer. Motion
carried unanimously.
The meeting adjourned at 5:14 P.M.
THE CITY OF SAN ANGELO
___________________________________
Alvin New, Mayor
ATTEST:
_______________________________
Alicia Ramirez, City Clerk
In accordance with Chapter 2, Article 2.300, of the Official Code of the City of San Angelo, the minutes of this
meeting consist of the preceding Minute Record and the Supplemental Minute Record. Details on Council
meetings may be obtained from the City Clerk’s Office or a video of the entire meeting may be purchased from
the Public Information Officer at 481-2727. (Portions of the Supplemental Minute Record video tape recording
may be distorted due to equipment malfunction or other uncontrollable factors.)

22. PROCLAMATION
WHEREAS, Fire is a serious public safety concern both locally and nationally, and
homes are the locations where people are at the greatest risk from
fire; and
WHEREAS, Fire departments in the United States responded to nearly 400,000
home fires in a single year; and
WHEREAS, San Angelo residents are responsive to public education measures
and are able to take personal steps to increase their safety from fire,
especially in their homes; and
WHEREAS, The fire service of San Angelo is dedicated to the safety of life and
property from the devastating effects of fire, and they are joined by
other emergency service providers, businesses, safety advocates,
schools, and service clubs,
NOW, THEREFORE, I, Alvin New, Mayor of the City of San Angelo, Texas, on behalf of
the City Council, do hereby proclaim the week of October 7-13, 2012 as
FIRE PREVENTION WEEK
and call upon the people of San Angelo to participate in fire prevention activities at home,
work, and school, and practice home fire safety especially this week which commemorates
the great Chicago Fire of 1871 which killed 250 persons, left 100,000 homeless, and
destroyed 17,400 buildings.
IN WITNESS WHEREOF, I have hereunto set
my hand and caused the Seal of the City to be
affixed this 2nd day of October, 2012.
THE CITY OF SAN ANGELO
_________________________________
ALVIN NEW, MAYOR

23. AICP is the American Planning Association's professional institute, providing recognized leadership
nationwide in the certification of professional planners, ethics, professional development, planning
education, and the standards of planning practice. To become a certified planner, APA members
must meet certain education and experience requirements and pass a written examination. AICP
certified planners carry a high mark of distinction because they are required to meet rigorous
standards, maintain their expertise through continuing education, and serve community interests.

24. Memo
Date: August 3, 2012
To: Mayor and City Council members
From: Doray Hill, Jr., Director, San Angelo Metropolitan Planning Organization
Subject: Consent Agenda Item for September 18, 2012 City Council Meeting
Contact: Doray Hill, Jr.,
San Angelo Metropolitan Planning Organization
325-481-2800
Marc Williams, P.E. Interim Director
Texas Department of Transportation
512-486-5003
Caption: A resolution of the city of San Angelo authorizing the interim city manager of
his designee to negotiate and execute a planning agreement by and between
the Texas Department of Transportation, the San Angelo metropolitan
planning organization policy board, and the city of San Angelo, providing for
the urban district transportation planning and superseding prior agreements
between the parties
Summary: This contract is a requirement by the Texas Department of Transportation.
All Metropolitan Planning Organizations in the State of Texas are required to have a
Planning Contract.
History:
The San Angelo Metropolitan Planning Organization (SA-MPO) currently has a contract in place
between the City of San Angelo and the Texas Department of Transportation. This Agreement
was approved by City Council on December 6, 2011 and will expire September 30, 2012.
A new Agreement that has slight language changes and more updated references to legislation
was given to the Texas MPOs to replace the existing Planning Contract.
Page 1 of 2

25. As the fiscal agent for SA-MPO, the City of San Angelo is being asked to sign this new Planning
Agreement. This Agreement is similar to previous Planning Contracts, however, it does not change
any of the responsibilities of the fiscal agent; rather it includes new responsibilities for MPOs and
TxDOT.
The City of San Angelo Legal staff approved this Agreement on April 2, 2012 and the San Angelo
Metropolitan Planning Organization Policy Board approved this Agreement at their September
13, 2012 meeting. After Council approval, this document will be sent to the Texas Department
of Transportation for the State of Texas for execution. This Agreement expires September 30,
2018.
Financial Impact: n/a
Related Vision Item (if applicable): n/a
Notification: n/a
Attachments: Agreement with Metropolitan Planning Organization
Resolution
Presentation: n/a
Publication: n/a
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26. Contract #_________________
Federal Highway Administration
CFDA #___________________
Not Research and Development
STATE OF TEXAS §
COUNTY OF TRAVIS §
AGREEMENT WITH METROPOLITAN PLANNING ORGANIZATION
THIS AGREEMENT is made by and between the State of Texas, acting through the Texas
Department of Transportation, called the “Department,” the San Angelo Metropolitan
Planning Organization (MPO) Policy Committee, called the “MPO”, which has been
designated as the MPO of the San Angelo urbanized area, and the City of San Angelo,
which serves as the Fiscal Agent for the MPO.
WITNESSETH
WHEREAS, 23 United States Code (USC) §134 and 49 USC §5301 et seq. require that
MPOs, in cooperation with the Department and transit agencies, develop transportation
plans and programs for urbanized areas of the State; and
WHEREAS, 23 USC §104(f) authorizes Metropolitan Planning funds and 49 USC §5301 et
seq. authorizes funds to be made available to MPOs designated by the Governor to
support the urban transportation planning process; and
WHEREAS, the federal share payable for authorized activities using 49 USC §5303 and
Metropolitan Planning funds is eighty percent (80%) of allowable costs; and
WHEREAS, Texas Transportation Code §221.003 authorizes the Department to expend
federal and state funds for improvements to the state highway system; and
WHEREAS, Texas Transportation Code §201.703 authorizes the Department to expend
federal funds and to provide state matching funds for allowable costs necessary for the
improvement of roads not in the state highway system; and
WHEREAS, Metropolitan Planning funds, and other federal transportation funds that may
be used for planning (e.g., Surface Transportation Program, National Highway System,
Congestion Mitigation and Air Quality, etc.) and 49 USC §5303 funds are to be used in
conjunction with work conducted under the terms of this Agreement; and
WHEREAS, the Governor of the State of Texas has designated the San Angelo MPO as
the MPO for the above-mentioned urbanized area; and
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Federal Highway Administration
CFDA #___________________
Not Research and Development
WHEREAS, the Governor of the State of Texas and the City of San Angelo have executed
an agreement pursuant to the MPO designation; and
WHEREAS, an area equal to or larger than the above-mentioned urbanized area has been
delineated in accordance with federal and state guidelines where required metropolitan
transportation planning activities may take place; and
WHEREAS, 23 Code of Federal Regulations (CFR) §420.117(a) requires that in
accordance with 49 CFR §18.40, the Department shall monitor all activities performed by
its staff or by sub-recipients with Federal Highway Administration (FHWA) planning and
research funds to assure that the work is being managed and performed satisfactorily and
that time schedules are being met; and
NOW THEREFORE, it is agreed as follows:
AGREEMENT
Article 1. Agreement Period
A. This Agreement becomes effective when signed by the last party whose signing makes
this Agreement fully executed. The Department shall not continue its obligation to the
MPO under this Agreement if the Governor's designation of the MPO is withdrawn; if
federal funds cease to become available; or if this Agreement is terminated as provided
below.
B. This Agreement expires on ______________, 20__. No fewer than one hundred and
twenty (120) days before the expiration date, the Department may, at its sole discretion,
exercise in writing an option to extend this Agreement by a period of no more than ____
years. The Department may exercise this option no more than ____ times. If all terms
and conditions of this Agreement remain viable and no amendment to the existing
agreement or new agreement is required, a letter from the Department to the MPO shall
constitute renewal of this Agreement subject to all terms and conditions specified in this
Agreement. However, an amendment or a new agreement may be executed, if
necessary.
Article 2. Responsibilities of the Department
The responsibilities of the Department are as follows:
A. Assist in the development of the Unified Planning Work Program (UPWP), approve the
format of work programs submitted by the MPO, and, where required by federal law or
regulation, monitor the MPO's performance of activities and expenditure of funds under
a UPWP. Where monitoring is not required, the Department is responsible for
reviewing the MPO's activities and expenditure of funds, and will comment on and
make suggestions relating to those activities and expenditures.
B. Develop a time line for development of the UPWP by the MPO; and in consultation with
the MPOs, shall develop a standard UPWP format to be used by all MPOs.
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Federal Highway Administration
CFDA #___________________
Not Research and Development
C. Make available to the MPO its share of all federal metropolitan planning funds and
provide the required non-federal match as authorized by the Texas Transportation
Commission. The Department will distribute federal transportation planning funds to
the MPO based on a formula developed by the Department, in consultation with the
MPOs, and approved by FHWA, the Federal Transit Administration (FTA), and other
applicable federal agencies.
D. Provide to the MPO, as appropriate, technical assistance and guidance for the
collection, processing, and forecasting of socio-economic data needed for the
development of traffic forecasts, plans, programs, and planning proposals within the
metropolitan area, including collecting, processing, and forecasting vehicular travel
volume data in cooperation with the MPO, as appropriate.
E. Jointly promote the development of the intermodal transportation system within the
metropolitan area by identifying points in the system where access, connectivity, and
coordination between the modes and inter-urban facilities would benefit the entire
system.
F. Share with the MPO, information and information sources concerning transportation
planning issues that relate to this Agreement.
Article 3. Responsibilities of the MPO
The MPO is an organization created to ensure that existing and future expenditures on
transportation projects and programs are based on a continuing, cooperative, and
comprehensive planning process. The responsibilities of the MPO are as follows:
A. Document planning activities in a UPWP to indicate who will perform the work, the
schedule for completing it, and all products that will be produced. In cooperation with
the Department and public transportation operators as defined by 23 CFR Part 450, the
MPO must annually or bi-annually develop a UPWP that meets federal requirements.
B. Prepare and submit to the Department an annual performance and expenditure report
of progress no later than December 31 of each year. A uniform format for the annual
report will be established by the Department, in consultation with the MPOs.
C. Use funds provided in accordance with 43 Texas Administrative Code (TAC) §16.52
and Article 2 (Responsibilities of the Department) of this Agreement to develop and
maintain a comprehensive regional transportation planning program in conformity with
the requirements of 23 USC §134, 49 USC §5303, and the State’s Uniform Grant
Management Standards (UGMS) at the web address
www.governor.state.tx.us/files/state-grants/UGMS062004.doc.
D. Develop a Metropolitan Transportation Plan (MTP), a Transportation Improvement
Program (TIP), and a UPWP for the Metropolitan Planning Area (MPA), all of which are
consistent with the Statewide Long-Range Transportation Plan (SLRTP), as required by
state and federal law. At a minimum, the MPO shall consider in their planning process
the applicable factors outlined in 23 USC §134.
E. Assemble and maintain an adequate, competent staff with the knowledge and
experience that will enable them to perform all appropriate MPO activities required by
law.
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Federal Highway Administration
CFDA #___________________
Not Research and Development
F. Forecast, collect, and maintain appropriate socio-economic, roadway, and travel data
on a timely basis, in cooperation with the Department.
G. Prepare all required plans, programs, reports, data, and obtain required certifications in
a timely manner.
H. Share information and information sources concerning transportation planning issues.
Article 4. Responsibilities of the MPO Policy Committee
The MPO Policy Committee is the policy body that is the forum designated under 23 USC
§134 with the responsibility for establishing overall transportation policy for the MPO and
for making required approvals. The MPO Policy Committee is comprised of those
governmental agencies identified in the original designation agreement and those agencies
or organizations subsequently added to the membership of the committee. The
responsibilities of the MPO, acting through its Policy Committee, are as follows:
A. Ensure that requirements of 23 USC §§134 and 135 and 49 USC, Chapter 53, are
carried out.
B. Use funds provided in accordance with Article 2 (Responsibilities of the Department) of
this Agreement to develop and maintain a comprehensive regional transportation
planning program in accordance with requirements of 23 USC §134 and 49 USC
§5303.
C. Develop and adopt an MTP for the MPA that is consistent with the SLRTP required by
state and federal laws; a TIP and a UPWP; and other planning documents and reports
that may be required by state or federal laws or regulations.
D. Exercise sole responsibility to hire, supervise, evaluate, and terminate the MPO
Transportation Planning Director.
E. Provide planning policy direction to the MPO Transportation Planning Director.
Article 5. Responsibilities of the Fiscal Agent
The Fiscal Agent for the MPO is the entity responsible for providing fiscal, human resource,
and staff support services to the MPO. The responsibilities of the Fiscal Agent are as
follows:
A. Maintain required accounting records for state and federal funds consistent with current
federal and state requirements.
B. Provide all appropriate funding, as identified by fiscal year in the UPWP, to allow the
MPO staff to effectively and efficiently operate the program.
C. Provide human resource services to the MPO.
D. Provide benefits for the MPO staff that shall be the same as the Fiscal Agent normally
provides its own employees; or as determined through an agreement between the MPO
and the Fiscal Agent. Costs incurred by the Fiscal Agent for these benefits may be
reimbursed by the MPO.
E. Establish procedures and policies for procurement and purchasing, when necessary, in
cooperation with the MPO.
Article 6. Responsibilities of the MPO Transportation Planning Director
The responsibilities of the MPO Transportation Planning Director are as follows:
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30. Contract #_________________
Federal Highway Administration
CFDA #___________________
Not Research and Development
A. Administer the MPO’s UPWP. The Director shall serve in a full-time capacity and shall
take planning policy direction from and be responsible to the designated MPO Policy
Committee.
B. Act as a liaison to the Department, relevant to the Department’s transportation planning
activities.
C. Oversee and direct all MPO transportation planning staff work performed using MPO
funds.
D. Prepare and submit all required plans, programs, reports, data, and certifications in a
timely manner.
E. Develop and present to the MPO Policy Committee an MTP for the MPA that is
consistent with the SLRTP required by state and federal laws; a TIP and a UPWP; and
other planning documents and reports that may be required by state or federal laws or
regulations.
F. Share information and information resources concerning transportation planning issues.
Article 7. Unified Planning Work Program
A. Each year the MPO shall submit to the Department a program of work that includes
goals, objectives, and tasks required by each of the several agencies involved in the
metropolitan transportation planning process. This program of work is to be called the
Unified Planning Work Program (UPWP), or any successor name. The UPWP shall be
approved by the MPO Policy Committee, in accordance with 23 CFR §450.314.
B. The UPWP will be prepared for a period of one (1) year or two (2) years unless
otherwise agreed to by the Department and the MPO. The UPWP shall reflect only that
work that can be accomplished during the time period of the UPWP, in accordance with
TAC §16.52.
C. The UPWP shall reflect transportation planning work tasks to be funded by federal,
state, or local transportation, or transportation related (e.g. air quality) planning funds.
The budget and statement of work will be included in the UPWP. The MPO may not
incur costs until final approval of the UPWP is granted. The maximum amount payable
will not exceed the budget included in the UPWP.
D. The effective date of each UPWP will be October 1st of each year or the date of
approval from the appropriate oversight agency, whichever occurs later. On that date,
the UPWP shall constitute a new federal project and shall supersede the previous
UPWP.
E. The UPWP shall comply with all applicable federal and state requirements and will
describe metropolitan transportation and transportation-related planning activities
anticipated in the area.
F. The use of federal metropolitan transportation planning funds shall be limited to
transportation planning activities affecting the transportation system within the
boundaries of a designated metropolitan planning area. If an MPO determines that
data collection and analysis activities relating to land use, demographics, or traffic or
travel information, conducted outside its boundaries, affects the transportation system
within its boundaries, then those activities may be undertaken using federal planning
funds, if the activities are specifically identified in an approved UPWP. Any other costs
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31. Contract #_________________
Federal Highway Administration
CFDA #___________________
Not Research and Development
incurred for transportation planning activities outside the boundaries of a designated
metropolitan planning area are not eligible for reimbursement.
G. Travel outside the State of Texas by MPO staff and other agencies participating in the
MPO planning process must be approved by the Department if funded with federal
transportation planning funds. The MPO must receive approval prior to incurring any
costs associated with the actual travel (e.g., registration fee). This provision will not
apply if the travel is at the request of the Department. Travel to the State of Arkansas
by the Texarkana MPO staff and travel to the State of New Mexico by the El Paso MPO
staff shall be considered in-state travel.
H. The cost of travel incurred by elected officials serving on the MPO Policy Committee is
eligible for reimbursement with federal transportation planning funds in accordance with
43 TAC §16.52.
I. The use of federal transportation planning funds is limited to corridor/subarea level
planning or multimodal or system-wide transit planning studies. Major investment
studies and environmental studies are considered corridor level planning. Unless
otherwise authorized by federal law or regulation, the use of such funds beyond
environmental document preparation or for specific project level planning and
engineering (efforts directly related to a specific project instead of a corridor) is not
allowed.
J. Failure to adhere to the time line developed by the Department may result in a delay in
the authorization to the MPOs to proceed in incurring costs.
K. A UPWP will not be approved if it is submitted in a format other than the standard
format developed by the Department. The UPWP and subsequent amendments may
be submitted electronically.
L. The MPO shall not incur any costs for work outlined in the UPWP or any subsequent
amendments (i.e., adding new work tasks or changing the scope of existing work tasks)
prior to receiving approval from the Department. Any costs incurred prior to receiving
Department approval are not eligible for reimbursement from federal transportation
planning funds.
M. Costs incurred by the MPO shall not exceed the total budgeted amount of the UPWP
without prior approval of the MPO Policy Committee and the Department. Costs
incurred on individual work tasks shall not exceed that task budget by 25 percent
without prior approval of the MPO Policy Committee and the Department. If the costs
exceed 25 percent of the task budget, the UPWP shall be revised, approved by the
MPO Policy Committee, and submitted to the Department for approval.
N. The MPO Policy Committee must approve the UPWP and any subsequent revisions,
and shall not delegate the approval authority, except for corrective actions. Corrective
actions do not change the scope of work, result in an increase or decrease in the
amount of task funding, or affect the overall budget. Examples include typographical,
grammatical, or syntax corrections.
O. Should any conflict be discovered between the terms of this Agreement and the UPWP,
the terms of this Agreement shall prevail.
P. The MPO is not authorized to request payment for any work it may perform that is not
included in the current UPWP.
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32. Contract #_________________
Federal Highway Administration
CFDA #___________________
Not Research and Development
Article 8. Compensation
The Department’s payment of any cost incurred under this Agreement is contingent upon
all of the following:
A. Federal funds are available to the Department in a sufficient amount for making
payments.
B. The incurred cost is authorized in the UPWP. The maximum amount payable under
this Agreement shall not exceed the total budgeted amount outlined in the UPWP in
accordance with 43 TAC §16.52.
C. The cost has actually been incurred by the MPO and meets the following criteria:
1. Is verifiable from MPO records;
2. Is not included as match funds for any other federally-assisted program;
3. Is necessary and reasonable for the proper and efficient accomplishment of
program objectives;
4. Is the type of charge that would be allowable under OMB Circular A-87 Revised,
“Cost Principles for State, Local, and Indian Tribal Governments” and the State’s
UGMS; and
5. Is not paid by the Department or federal government under another assistance
program unless authorized to be used as match under the other federal or state
agreement and the laws and regulations to which it is subject.
D. After October 1st of each year, the Department will issue a work order to the MPO
establishing the effective date of work and the total funds authorized. If the UPWP is
subsequently revised, necessitating a revision to the original work order, or the
Department deems a revision necessary; a revised work order may be issued at any
time throughout the fiscal year. If the amount in the UPWP differs from the amount in
the work order, the amount in the work order prevails.
E. The MPO is authorized to submit requests for payment of authorized costs incurred
under this Agreement on a semi-monthly basis, but no more than twenty four (24) times
a year and no less than monthly as expenses occur. Each request for payment shall be
submitted in a manner acceptable to the Department, which includes, at a minimum,
the following information:
1. UPWP budget category or line item;
2. Description of the cost;
3. Quantity;
4. Price;
5. Cost extension; and
6. Total costs
F. The MPO shall submit the final bill from the previous fiscal year to the Department no
later than December 31st of the calendar year in which that fiscal year ended. Any bills
submitted after December 31 for a fiscal year in which the funds have been de-
obligated will be processed against the current year’s UPWP.
G. Payment of costs is contingent upon compliance with the terms of Article 3
(Responsibilities of the MPO) of this Agreement. Noncompliance may result in
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33. Contract #_________________
Federal Highway Administration
CFDA #___________________
Not Research and Development
cancellation of authorized work and suspension of payments after a thirty (30) day
notification by the Department to the MPO.
Article 9. Reporting
To permit program monitoring and reporting, the MPO shall submit reports as required in
Article 3 (Responsibilities of the MPO) of this Agreement. If task expenditures overrun or
underrun a budgeted task amount by twenty-five percent (25%) or more, the annual
performance and expenditure report must include an explanation for the overrun or
underrun.
Article 10. Indemnification
A. The MPO shall save harmless the Department and its officers and employees from all
claims and liability that are due to activities of the MPO, its agents, or its employees
performed under this Agreement and that are caused by or result from error, omission,
or negligent act of the MPO or of any person employed by the MPO.
B. To the extent possible under state law, the MPO shall also save harmless the
Department from any and all expense, including but not limited to, attorney fees that
may be incurred by the Department in litigation or otherwise resisting claims or liabilities
that may be imposed on the Department as a result of the activities of the MPO, its
agents, or its employees.
Article 11. Inspection of Work and Retention of Documents
A. The Department and, when federal funds are involved, the U.S. Department of
Transportation (USDOT), and their authorized representatives shall have the right at all
reasonable times to inspect or otherwise evaluate the work performed or being
performed under this Agreement and the premises on which it is being performed.
B. If any inspection or evaluation is made on the premises of the MPO or a subcontractor,
the MPO shall provide or require its subcontractor to provide all reasonable facilities
and assistance for the safety and convenience of the inspectors in the performance of
their duties. All inspections and evaluations shall be performed in a manner that will not
unduly delay the work.
C. The MPO agrees to maintain all books, documents, papers, computer generated files,
accounting records, and other evidence pertaining to costs incurred and work
performed under this Agreement, and shall make those materials available at its office
during the time period covered and for four (4) years from the date of final payment
under the UPWP. Those materials shall be made available during the specified period
for inspection by the Department, the USDOT, and the Office of the Inspector General
of the USDOT and any of their authorized representatives for the purpose of making
audits, examinations, excerpts, and transcriptions.
D. The state auditor may conduct an audit or investigation of any entity receiving funds
from the Department directly under this Agreement or indirectly through a subcontract
under this Agreement. Acceptance of funds directly under this Agreement or indirectly
through a subcontract under this Agreement acts as acceptance of the authority of the
state auditor, under the direction of the legislative audit committee, to conduct an audit
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34. Contract #_________________
Federal Highway Administration
CFDA #___________________
Not Research and Development
or investigation in connection with those funds. An entity that is the subject of an audit
or investigation must provide the state auditor with access to any information the state
auditor considers relevant to the investigation or audit under the State’s UGMS.
Article 12. Work Performance
All work performed under this Agreement shall be carried out in a professional and orderly
manner, and the products authorized in the UPWP shall be accurate and exhibit high
standards of workmanship.
Article 13. Disputes
The MPO shall be responsible for the settlement of all contractual and administrative
issues arising out of procurement entered into in support of work under this Agreement. In
the event of a dispute between the Department and the MPO concerning the work
performed under this Agreement in support of the urban transportation planning process,
the dispute shall be resolved through binding arbitration. Furthermore, the arbiter shall be
mutually acceptable to the Department and the MPO.
Article 14. Non-collusion
The MPO shall warrant that it has not employed or retained any company or person, other
than a bona fide employee working for the MPO, to solicit or secure this Agreement, and
that it has not paid or agreed to pay any company or person, other than a bona fide
employee, any fee, commission, percentage, brokerage fee, gift, or any other consideration
contingent upon or resulting from the award or making of this Agreement. If the MPO
breaches or violates this warranty, the Department shall have the right to annul this
Agreement without liability or, in its discretion, to deduct from the agreement price or
consideration, or otherwise recover the full amount of the fee, commission, brokerage fee,
gift, or contingent fee.
Article 15. Subcontracts
A. Any subcontract for services rendered by individuals or organizations not a part of the
MPO’s organization shall not be executed without prior authorization and approval of
the subcontract by the Department and, when federal funds are involved, the USDOT.
All work in the subcontract is subject to the State’s UGMS. If the work for the
subcontract is authorized in the current approved UPWP, and if the MPO’s procurement
procedures for negotiated contracts have been approved by the Department either
directly or through self-certification by the MPO, the subcontract shall be deemed to be
authorized and approved, provided that the subcontract includes all provisions required
by the Department and the USDOT.
B. Subcontracts in excess of $25,000 shall contain all required provisions of this
Agreement.
C. No subcontract will relieve the MPO of its responsibility under this Agreement.
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35. Contract #_________________
Federal Highway Administration
CFDA #___________________
Not Research and Development
Article 16. Termination
A. The Department may terminate this Agreement at any time before the date of
completion if the Governor withdraws his designation of the MPO. The Department or
the MPO may seek termination of this Agreement pursuant to Article 13 (Disputes) if
either party fails to comply with the conditions of this Agreement. The Department or
the MPO shall give written notice to all parties at least ninety (90) days prior to the
effective date of termination and specify the effective date of termination.
B. The Department may terminate this Agreement for reasons of its own, subject to
agreement by the MPO.
C. The parties to this Agreement may terminate this Agreement when its continuation
would not produce beneficial results commensurate with the further expenditure of
funds. In this event, the parties shall agree upon the termination conditions.
D. Upon termination of this Agreement, whether for cause or at the convenience of the
parties, all finished or unfinished documents, data, studies, surveys, reports, maps,
drawings, models, photographs, etc., prepared by the MPO shall, at the option of the
Department, be delivered to the Department.
E. The Department shall reimburse the MPO for those eligible expenses incurred during
this Agreement period that are directly attributable to the completed portion of the work
covered by this Agreement, provided that the work has been completed in a manner
satisfactory and acceptable to the Department. The MPO shall not incur new
obligations for the terminated portion after the effective date of termination.
Article 17. Force Majeure
Except with respect to defaults of subcontractors, the MPO shall not be in default by
reason of failure in performance of this Agreement in accordance with its terms (including
any failure by the MPO to progress in the performance of the work) if that failure arises out
of causes beyond the control and without the default or negligence of the MPO. Those
causes may include but are not limited to acts of God or of the public enemy, fires, floods,
epidemics, quarantine restrictions, strikes, freight embargoes, and unusually severe
weather. In every case, however, the failure to perform must be beyond the control and
without the fault or negligence of the MPO.
Article 18. Remedies
A. Violation or breach of agreement terms by the MPO shall be grounds for termination of
this Agreement. Any costs incurred by the Department arising from the termination of
this Agreement shall be paid by the MPO.
B. This Agreement shall not be considered as specifying the exclusive remedy for any
dispute, but all remedies existing at law and in equity may be availed of by either party
and shall be cumulative.
Article 19. Gratuities
A. Employees of the Department or the MPO shall not accept any benefits, gifts, or favors
from any person doing business with, or who may do business with the Department or
the MPO under this Agreement.
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36. Contract #_________________
Federal Highway Administration
CFDA #___________________
Not Research and Development
B. Any person doing business with, or who may do business with the Department or the
MPO under this Agreement, may not make any offer of benefits, gifts, or favors to
Department or the MPO employees. Failure on the part of the Department or the MPO
to adhere to this policy may result in termination of this Agreement.
Article 20. Compliance with Laws
The parties to this Agreement shall comply with all federal and state laws, statutes, rules,
and regulations, and the orders and decrees of any courts or administrative bodies or
tribunals in any matter affecting the performance of this Agreement, including without
limitation, workers’ compensation laws, minimum and maximum salary and wage statutes
and regulations, and licensing laws and regulations. When required, the MPO shall furnish
the Department with satisfactory proof of its compliance.
Article 21. Successors and Assigns
No party shall assign or transfer its interest in this Agreement without written consent of the
other parties.
Article 22. Debarment Certifications
The MPO is prohibited from making any award or permitting any award at any tier to any
party that is debarred or suspended or otherwise excluded from or ineligible for
participation in federal assistance programs under Executive Order 12549, Debarment and
Suspension. By executing this Agreement, the MPO certifies that it is not currently
debarred, suspended, or otherwise excluded from or ineligible for participation in Federal
Assistance Programs under Executive Order 12549 and further certifies that it will not do
business with any party that is currently debarred, suspended, or otherwise excluded from
or ineligible for participation in Federal Assistance Programs under Executive Order 12549.
The MPO shall require any party to a subcontract or purchase order awarded under this
Agreement as specified in 49 CFR Part 29 (Debarment and Suspension) to certify its
eligibility to receive federal funds and, when requested by the Department, to furnish a
copy of the certification.
Article 23. Equal Employment Opportunity
The parties to this Agreement agree to comply with Executive Order 11246 entitled “Equal
Employment Opportunity” as amended by Executive Order 11375 and as supplemented in
Department of Labor Regulations (41 CFR §60).
Article 24. Nondiscrimination
During the performance of this Agreement, the MPO, its assigns and successors in
interest, agree to the following:
A. Compliance with Regulations: The MPO shall comply with the regulations relative to
nondiscrimination in federally-assisted programs of the USDOT, 49 CFR Part 21 and 23
CFR Part 200, as they may be amended from time to time (the “Regulations”), which
are incorporated by reference and made a part of this Agreement.
TPP & MPO Agreement Page 11 of 18 Revised 02/15/2012