September 3, 2013 Agenda Packet

City Council Agenda of 5 September 3, 2013

NOTICE OF A PUBLIC MEETING

AN AGENDA OF A REGULAR MEETING OF THE CITY COUNCIL THE CITY OF SAN ANGELO, TEXAS 9:00 A.M. - Tuesday, September 3, 2013

McNease Convention Center, South Meeting Room 500 Rio Concho Drive

San Angelo, TX 76903 THE MCNEASE CONVENTION CENTER IS ACCESSIBLE TO PERSONS WITH DISABILITIES. ACCESSIBLE ENTRIES AND SPECIALLY MARKED PARKING SPACES ARE AVAILABLE AT BOTH MAIN ENTRANCES AT SURBER DRIVE AND RIO CONCHO DRIVE. IF ADDITIONAL ASSISTANCE IS NEEDED TO OBSERVE OR COMMENT, PLEASE NOTIFY THE OFFICE OF THE CITY CLERK, ROOM 208, CITY HALL, 657-4405, AT LEAST 24 HOURS PRIOR TO THE MEETING. City Council meetings are broadcast on Channel 17-Government Access at 10:30 A.M. and 7:00 P.M. every day for two weeks beginning on the Thursday after each meeting.

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

I. OPEN SESSION (9:00 A.M.)

A. Call to Order

B. Prayer and Pledge

"Honor the Texas flag; I pledge allegiance to thee, Texas, one state under God, one and indivisible.”

C. Proclamation

“RSVP Volunteer Recognition Day in the Concho Valley”, September 5, 2013 to be accepted by Dolores Schwertner, West Texas RSVP Director

D. Recognition

Larry Teague for his 14 years of dedicated service to the City of San Angelo Development Corporation since its inception in 1999

AEP Texas for their generosity and willingness to help create the Police Department’s new S.W.A.T. Obstacle Course, to be accepted by Fred Hernandez, AEP Manager of Community Affairs, Randy Wessels, Line Crew Leader, Mark Koegel, Line Mechanic, and S.W.A.T. Operators William Farris and Chris Chappa

E. Public Comment

The Council takes public comment on all items in the Regular Agenda. Public input on a Regular Agenda item will be taken at its appropriate discussion. Public input on an item not on the Agenda or Consent Agenda may be identified and requested for consideration by the Council at this time. The Council may request an item to be placed on a future agenda, or for a Consent Agenda item, to be moved to the Regular Agenda for public comment.

On public hearing items, public input will be received on each item immediately following the Council discussion and prior to any action on the item. Each member of the public should make their remarks from the podium and begin by stating their name. Remarks by each citizen will be limited to three to five minutes, unless waived by a council member for all speaking on that matter. No individual will be allowed to speak more than once on any one subject until every citizen wishing to comment has done so.


II. CONSENT AGENDA 1. Consideration of approving the August 13, 2013, August 20, 2013, and August 27, 2013 City

Council meeting minutes 2. Consideration of adopting a Resolution of the City of San Angelo authorizing the mayor to execute a

tax-resale (quitclaim) deed conveying all right, title and interest of the City of San Angelo, and all other taxing units interested in the Tax Foreclosure Judgment or Tax Warrant: (submitted by Real Estate Administrator Cindy Preas) a. 613 W 15th Street, (Owens), Lot 6, Block 5, Mineola Annex, $750, Suit No. B-94-0062-T b. 520 W 15th Street, (Sullivan), Lot 10, Block 1, Mineola Annex, $2,000, Suit No. B-10-0166-T

3. Consideration of adopting a Resolution of the City of San Angelo (“City”) authorizing the City to agree to an extension to the depository contract between the City and First Financial Bank, n.a. San Angelo (“Bank”) dated February 1, 2011, said extension being for a two (2) year term as provided for at the termination of primary term, so long as bank is not in default and both parties agree to the extension; authorizing the City Manager to execute a first amended depository contract (submitted by Finance Director Tina Bunnell)

4. Second Hearing and consideration of adopting an Ordinance amending the 2012-2013 Budget for new projects and incomplete projects (submitted by Budget Analyst Laura Brooks) AN ORDINANCE OF THE CITY OF SAN ANGELO AMENDING THE BUDGET FOR THE FISCAL YEAR BEGINNING OCTOBER 1, 2012, AND ENDING SEPTEMBER 30, 2013, FOR NEW PROJECTS, INCOMPLETE PROJECTS, CAPITAL PROJECTS, AND GRANTS

5. Second Hearing and consideration of adopting an Ordinance amending established boundaries of Single Member District 6 (submitted by City Clerk Alicia Ramirez) AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SAN ANGELO, TEXAS AMENDING THE ESTABLISHED BOUNDARIES OF SINGLE MEMBER DISTRICT NUMBER 6 FOR THE PURPOSE OF INCORPORATING NEWLY ANNEXED AREAS INTO SAID DISTRICT, PROVIDING FOR PRECLEARANCE AND ALL OTHER NECESSARY ACTIONS; AND PROVIDING FOR AN EFFECTIVE DATE

III. REGULAR AGENDA:

F. EXECUTIVE/CLOSED SESSION

Executive Session under the provision of Government Code, Title 5. Open Government; Ethics, Subtitle A. Open Government, Chapter 551. Open Meetings, Subchapter D. Exceptions to Requirement that Meetings be Open under the following sections:

• Section 551.071(2) to consult with attorney on a matter in which the duty of the attorney to the governmental body under the Texas Disciplinary Rules of Professional Conduct of the State Bar of Texas clearly conflicts with this chapter regarding West Texas Water Partnership

• Section 551.072 to deliberate the purchase, exchange, lease, or value of real property at 1) Lake Nasworthy Lease Lots, 2) Red Arroyo Hills Addition, and 3) West Texas Water Partnership

• Section 551.074(a)(1) to deliberate the appointment, employment, evaluation, reassignment, duties, discipline, or dismissal of the City Manager

G. PUBLIC HEARING AND COMMENT

6. Presentation of the 2nd Quarter Reports for the Chamber of Commerce Economic Development Council and Convention & Visitors Bureau (CVB) (Presentation by Vice President for Economic Development John Dugan and CVB Vice President Pamela Miller)


7. Consideration of approving a Special Recreational Lease Agreement with MK-Allan Enterprises, Inc., a Texas Corporation, for 9.77 acres of land located adjacent to the Concho River and authorizing the City Manager to execute the same (Requested by Councilmember Self and presentation by Water Utilities Director Ricky Dickson)

8. First Public Hearing and consideration of introducing an Ordinance amending Chapter 12, Exhibit “A” (Zoning Ordinance) of the Code of Ordinances, City of San Angelo Z13-25: Efraim and Lupe Puente AN ORDINANCE AMENDING CHAPTER 12, EXHIBIT “A” OF THE CODE OF ORDINANCES, CITY OF SAN ANGELO, TEXAS, WHICH SAID EXHIBIT “A” OF CHAPTER 12 ADOPTS ZONING REGULATIONS, USE DISTRICTS AND A ZONING MAP, IN ACCORDANCE WITH A COMPREHENSIVE PLAN, BY CHANGING THE ZONING AND CLASSIFICATION OF THE FOLLOWING PROPERTY, TO WIT: 801 Fisher Street, located at the northwest corner of the intersection of Townview Lane and Fisher Street. This property specifically occupies the Porter Highland Acres, Block 2, Except N 350' of W 122.9' and S 25' of Lot 30, in western San Angelo, changing the zoning classification from Ranch & Estate (R&E) to Single-Family Residential (RS-1) District; PROVIDING FOR SEVERABILITY AND PROVIDING A PENALTY (Presentation by Interim Director of Development Services AJ Fawver)

9. First Public Hearing and consideration of introducing an Ordinance authorizing abandonment of public right-of-way between Cornick's Addition, Block 2 and immediately north of Lots 8-11 and south of the Baptist Memorials Geriatric Addition, Section 2, Block 2, Lot 1 in north-central San Angelo. AN ORDINANCE PROVIDING FOR THE ABANDONMENT AND CLOSING OF THE FOLLOWING STREET SEGMENT, TO WIT: An approximately 20 foot wide x 450 foot long portion of alley running east to west, perpendicular to Holcomb Street located between Cornick's Addition, Block 2 and immediately north of Lots 8-11 and south of the Baptist Memorials Geriatric Addition, Section 2, Block 2, Lot 1 in north-central San Angelo; AUTHORIZING THE CONVEYANCE THEREOF TO THE ABUTTING PROPERTY OWNERS; PROVIDING FOR THE TERMS AND CONDITIONS OF ABANDONMENT AND CONVEYANCE; AND PROVIDING FOR THE MAYOR TO EXECUTE AND DELIVER A QUIT CLAIM DEED TO THE ABUTTING PROPERTY OWNERS (Presentation by Interim Director of Development Services AJ Fawver)

10. First Public Hearing and consideration of introducing an Ordinance amending Chapter 12, Exhibit “A” (Zoning Ordinance) of the Code of Ordinances, City of San Angelo Z 13-26: Mills Development, Inc. AN ORDINANCE AMENDING CHAPTER 12, EXHIBIT “A” OF THE CODE OF ORDINANCES, CITY OF SAN ANGELO, TEXAS, WHICH SAID EXHIBIT “A” OF CHAPTER 12 ADOPTS ZONING REGULATIONS, USE DISTRICTS AND A ZONING MAP, IN ACCORDANCE WITH A COMPREHENSIVE PLAN, BY CHANGING THE ZONING AND CLASSIFICATION OF THE FOLLOWING PROPERTY, TO WIT: An unaddressed tract occupying a 24.484 tract extending northwest from Mills Pass Drive and located directly west of an 8.995 acre tract annexed to the City Limits on March 5, 2013 that comprises the Prestonwood Addition, Section Two, in southwest San Angelo, changing the zoning classification from a Ranch & Estate (R&E) to a Single-Family Residential (RS-1) District; PROVIDING FOR SEVERABILITY AND PROVIDING A PENALTY (Presentation by Interim Director of Development Services AJ Fawver)


11. Discussion and consideration of matters related to the Fiscal Year 2013-2014 Budget including: a. Second Public Hearing of a proposed property tax levy for the City of San Angelo for the 2013 tax

year; b. Second Public Hearing and consideration of adopting an Ordinance of the City of San Angelo

approving and adopting the FY 2014 Budget and related matters AN ORDINANCE OF THE CITY OF SAN ANGELO APPROVING AND ADOPTING THE BUDGET FOR THE FISCAL YEAR BEGINNING OCTOBER 1, 2013, AND ENDING SEPTEMBER 30, 2014; ADOPTING EMPLOYEE COMPENSATION SCHEDULES; PROVIDING FOR THE GENERAL APPROPRIATION OF FUNDS; RESERVING UNTO THE CITY COUNCIL THE AUTHORITY TO TRANSFER APPROPRIATIONS BUDGETED; RATIFYING TRANSFERS OF APPROPRIATIONS OCCURRING IN THE 2012-2013 FISCAL YEAR AND AMENDING THAT BUDGET ORDINANCE ACCORDINGLY; RESERVING UNTO THE CITY COUNCIL THE POWER, ONLY AS PERMITTED BY LAW, TO AMEND OR MAKE CHANGES IN THE BUDGET FOR MUNICIPAL PURPOSES; PROVIDING AUTHORITY FOR THE CITY MANAGER OR HIS DESIGNEE TO MAKE CERTAIN ADJUSTMENTS FROM TIME TO TIME IN OR BETWEEN BUDGETED ALLOCATIONS; AUTHORIZING THE CITY MANAGER OR HIS DESIGNEE TO APPLY FOR CERTAIN GRANTS AND EXECUTE ANY RELATED DOCUMENTS; AND, PROVIDING FOR FILING OF THE BUDGET

(Presentation by Budget Manager Morgan Chegwidden) 12. First Public Hearing and consideration of introducing an Ordinance levying property taxes for the City

of San Angelo for the 2013 tax year: AN ORDINANCE FIXING AND LEVYING AD VALOREM TAXES FOR THE CURRENT TAX YEAR FOR THE USE AND SUPPORT OF THE MUNICIPAL GOVERNMENT OF THE CITY OF SAN ANGELO, TEXAS, FOR THE 2013-2014 BUDGET YEAR; PROVIDING FOR THE ASSESSMENT AND COLLECTION THEREOF; PROVIDING WHEN THE TAX SHALL BECOME DUE; PROVIDING WHEN THE TAX SHALL BECOME DELINQUENT; PROVIDING FOR EXEMPTIONS; PROVIDING FOR SEVERABILITY; PROVIDING FOR PUBLICATION ON THE CITY OPERATED WEB SITE; AND, PROVIDING FOR AN EFFECTIVE DATE THE PROPERTY TAX RATE WILL BE INCREASED BY THE ADOPTION OF A TAX RATE OF 0.776/$100, WHICH IS EFFECTIVELY A 4.75% PERCENT INCREASE IN THE TAX RATE (Presentation by Budget Manager Morgan Chegwidden)

13. Consideration of authorizing the rollover of funds from ambulance revenues in the amount exceeding $2,430,000.00 (original budget) from the FY 2012-13 to FY 2013-14 General Fund, fund balance for the purchase of data system software including related hardware and a fire truck including related equipment (Presentation by Fire Chief Brian Dunn)

14. Discussion and seeking direction of City Council relating to the authorization for the operation of golf carts on all or part of public highways within the City as permitted by law (Requested by Councilmember Vardeman and presentation by Police Department Representative)

15. Discussion and seeking direction of City Council regarding changes to Code of Ordinances, Chapter 12, Section 12.606 Portable Signs (Requested by Councilmember Fleming and presentation by Interim Director of Development Services AJ Fawver and Building Official Al Torres)


H. FOLLOW UP AND ADMINISTRATIVE ISSUES

16. Consideration of and possible action on matters discussed in Executive/Closed Session, if needed 17. Consideration of approving various Board nominations by Council and designated Councilmembers:

a. Design & Historic Review Commission: Ashley Young Turner (SMD3) to an unexpired term September 2014

b. Planning Commission: John Young (SMD3) to an unexpired term January 2015 18. Announcements and consideration of Future Agenda Items

The Regular City Council meeting on Tuesday, October 15, 2013, will be held at 5:30 P.M. 19. Adjournment

The City Council reserves the right to consider business out of the posted order, and at any time during the meeting, reserves the right to adjourn into executive session on any of the above posted agenda items which are not listed as executive session items and which qualify to be discussed in closed session under Chapter 551 of the Texas Government Code. Given by order of the City Council and posted in accordance with Title 5, Texas Government Code, Chapter 551, Friday, August 30, 2013, at 5:00 P.M.

/s/________________________ Alicia Ramirez, City Clerk

CITY COUNCIL MINUTE RECORD The City of San Angelo Page 393 Tuesday, August 13, 2013 Vol. 104

OPEN SESSION BE IT REMEMBERED City Council convened in a special meeting at 2:09 P.M., Tuesday, August 13, 2013, in the San Angelo McNease Convention Center, 500 Rio Concho Drive, San Angelo, Texas. All duly authorized members of the Council, to-wit:

Mayor, Dwain Morrison Councilmember Rodney Fleming Councilmember Marty Self Councilmember Johnny Silvas Councilmember Don Vardeman Councilmember H.R. Wardlaw Councilmember Charlotte Farmer

were present and acting, thus constituting a quorum. Whereupon, the following business was transacted:

An invocation was given by Councilmember Self and pledge was led by Mayor Morrison.

WORK SESSION AGENDA:

DISCUSSION AND CONSIDERATION OF MATTERS RELATED TO THE FISCAL YEAR 2013-2014 BUDGET

General discussion was held with various department directors regarding their increased and expanded level budget requests, proactive measures regarding future department growth and needs, future development infrastructure needs, personnel needs and related salary structure compression issues, addressing the organization salary issues versus individual department salary issues, and implementing an equipment and capital replacement program plan. A copy of the presentation is part of the Permanent Supplement Record.

RECESS

At 2:59 P.M., Mayor Morrison called a recess.

RECONVENE

At 3:11 P.M., Council reconvened, and the following business was transacted:

City Manager Daniel Valenzuela continued the presentation.

General discussion was held with various department directors regarding the salary and employee classification pay plan, the number of employees eligible for retirement, the performance review program and related policy, the methodology in awarding higher percentage salary increases to non-supervisory job classification versus supervisory or management classifications, the proposed health insurance rates and related increases, the risk related job classifications and related training initiatives, the proposal to eliminate car allowances and implement mileage reimbursement, the seven year street maintenance plan, the stormwater fee and related projects, the Capital Improvement Plan and related updates and additions to the plan, the Christian Village property drainage issues and possibly utilizing stormwater fees, and the property tax rate revenue and related decreases.

Minutes Vol. 104 August 13, 2013 RECESS

At 4:23 P.M., Mayor Morrison called a recess.

RECONVENE


Ms. Chegwidden continued with the presentation. Council requested a copy of staff’s budget spreadsheet detail.

General discussion was held on the Cemetery Master Plan Phase I cost and possibly designating the project as a capital project, the alarm system, and the Lake Nasworthy trust fund and eligible projects.

City Manager Daniel Valenzuela informed staff will further review various department expenditures to improve spending efficiencies.

Responding to requests by Councilmembers Wardlaw and Vardeman, Human Resources Director Lisa Marley stated staff will provide a history of the percentage salary increases for employees for the last five years and the current pay schedule in the Council’s Friday Packet.

ADJOURNMENT

Motion, to adjourn, was made by Councilmember Self and seconded by Mayor Morrison. Motion carried unanimously.

The meeting adjourned at 5:21 P.M.

THE CITY OF SAN ANGELO ___________________________________ Dwain Morrison, Mayor

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

CITY COUNCIL MINUTE RECORD The City of San Angelo Page 393 Tuesday, August 20, 2013 Vol. 104

OPEN SESSION BE IT REMEMBERED City Council convened in a regular meeting at 9:03 A.M., Tuesday, August 20, 2013, in the San Angelo McNease Convention Center, 500 Rio Concho Drive, San Angelo, Texas. All duly authorized members of the Council, to-wit:

Mayor, Dwain Morrison Councilmember Rodney Fleming Councilmember Marty Self Councilmember Johnny Silvas Councilmember Don Vardeman Councilmember H.R. Wardlaw Councilmember Charlotte Farmer

were present and acting, thus constituting a quorum. Whereupon, the following business was transacted:

An invocation was given by Pastor Ron Patterson and pledge was led by Cash Conley, son of Stephen Conley, Irrigation/Horticulture Supervisor in the Park Operations Division.

PROCLAMATION AND RECOGNITIONS

“West Texas Lighthouse for the Blind”, Tuesday, August 27, 2013, will be presented to Dave Wells, Executive Director

2013 State Games of America participant Seth Demere, San Angelo Recreation Track Club, Wins 16U Pole Vault in Hershey, Pennsylvania competition

2013 Corpus Christi Games of Texas Participants: Bailey Kinney, Broke the State 800 Meter Record 12U 2012, and places 2nd in 14U 800 Meter Run; Zac Cabrera, 2nd place in the 16U 1600 Meter Run; Jessica Simon, 2nd 14U 800 Meter & 1600 Meter Run; and Hagen Stoute, 3rd Place in 16U Pole Vault

PUBLIC COMMENT

Public comments were made by Tim Davenport Hurst regarding the 50th Anniversary March commemorating the March on Washington event on Saturday, August 24, 2013(march will be made from Martin Luther King (MLK) Park to City Hall); and, Lee Bell of the Lake Nasworthy Homeowners Association regarding the Lake Nasworthy Trust Fund and related eligible projects, specifically a boat house for the Police Department’s equipment.

CONSENT AGENDA

APPROVAL OF THE AUGUST 6, 2013 CITY COUNCIL REGULAR MEETING MINUTES

AUTHORIZATION FOR THE CITY MANGER TO EXECUTE ON BEHALF OF THE CITY A CONCESSION AGREEMENT AND ALL RELATED DOCUMENTS WITH WAYNE BURTON D/B/A HERTZ RENT A CAR FOR A NON-EXCLUSIVE LICENSE TO OPERATE AN AUTOMOBILE RENTAL SERVICE AT THE SAN ANGELO REGIONAL AIRPORT-MATHIS FIELD

ADOPTION OF A RESOLUTION AMENDING AUTHORIZED REPRESENTATIVES FOR TEXPOOL, AN INVESTMENT SERVICE FOR PUBLIC FUNDS

CONSIDERATION OF APPROVAL OF SPECIAL RECREATIONAL LEASE AGREEMENT FOR 0.117 ACRES OF LAND (BELL) LOCATED ADJACENT TO THE LAKE OR RIVER AND AUTHORIZATION

Minutes Vol. 104 August 20, 2013 FOR THE CITY MANAGER OR WATER UTILITIES DIRECTOR TO EXECUTE THE SAME (Discussed in Regular Session)

ADOPTION OF A RESOLUTION AUTHORIZING THE CITY MANAGER TO EXECUTE AN ACCEPTANCE, ON BEHALF OF THE CITY OF SAN ANGELO, TEXAS, OF A SPECIAL DEDICATION DEED, THE HOWARD COLLEGE AT SAN ANGELO FOUNDATION, GRANTOR, RELATING TO CERTAIN REAL PROPERTY BEING 0.26 ACRE TRACT OF LAND LOCATED IN THE CITY OF SAN ANGELO, TOM GREEN COUNTY, TEXAS, AT OR ABOUT SMITH BOULEVARD IN NORTHEAST SAN ANGELO, FOR PURPOSES OF GRANTOR CONSTRUCTING AND DEDICATING A PUBLIC MOTOR VEHICLE ACCESS AND TURN AROUND TO THE HOWARD COLLEGE CAMPUS NECESSARY FOR GRANTOR’S FURTHER DEVELOPMENT OF ADJACENT CAMPUS PROPERTY; AND, FINDING A PUBLIC PURPOSE AND BENEFIT THEREIN

SECOND HEARING AND ADOPTION OF AN ORDINANCE AMENDING CHAPTER 12, EXHIBIT “A” (ZONING ORDINANCE) OF THE CODE OF ORDINANCES, CITY OF SAN ANGELO

Z13-23: Earl and Michelle Weber

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: 3862 Tractor Trail, located at the northwest corner of the intersection of Tractor Trail and Porter Henderson Drive. This property specifically occupies the Paul Gregory Addition, Section 2, 5.33 acres of Tract J & 0.310 acres in Smith Boulevard, in northeast San Angelo, changing the zoning classification from Ranch & Estate (R&E) to Light Manufacturing District (ML) District; PROVIDING FOR SEVERABILITY AND PROVIDING A PENALTY

SECOND HEARING AND ADOPTION OF AN ORDINANCE AMENDING CHAPTER 12, EXHIBIT “A” (ZONING ORDINANCE) OF THE CODE OF ORDINANCES, CITY OF SAN ANGELO

Z 13-22: M&H Mueller

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: 3172 McGill Boulevard & 3733 North US Highway 67, collectively occupying both a 5.131 acre tract and a 55.1830 acre tract located west of North US Highway 67, north of Paulann Boulevard and east of Smith Boulevard; more specifically occupying 5.131 acres of the J. Pointevent Survey 1113, Abstract 4873, and 55.1830 acres of the J. Fenner Survey 0001, Abstract 4985, in northeast San Angelo, changing the zoning classification from a General Commercial (CG) to a Light Manufacturing (ML) District; PROVIDING FOR SEVERABILITY AND PROVIDING A PENALTY

Councilmember Farmer requested the Special Recreation Lease Agreement be considered in the Regular Agenda. City Council concurred.

Motion, to approve the Consent Agenda, with the exception of Special Recreation Lease Agreement, as presented, was made by Councilmember Silvas and seconded by Councilmember Self. Motion carried unanimously.

Minutes Page 395 August 20, 2013 Vol. 104 REGULAR AGENDA: PUBLIC HEARING AND COMMENT

APPROVAL OF A SPECIAL RECREATIONAL LEASE AGREEMENT FOR 0.117 ACRES OF LAND (BELL) LOCATED ADJACENT TO THE LAKE OR RIVER AND AUTHORIZATION FOR THE CITY MANAGER OR WATER UTILITIES DIRECTOR TO EXECUTE THE SAME

Responding to questions from Councilmember Farmer, Water Utilities Director Ricky Dickson stated the fees were set in accordance with the existing policy. He informed the lease may be used for recreational purposes only and the lessee cannot build or add any personal property to the lease.

Motion, to deny the approval of the lease and direct staff to review the policy related to setting the lease fee amounts, was made by Councilmember Farmer and seconded by Mayor Morrison.

Proponent Lee Bell provided a history of the lot owners, the current use of the lot, and noted the structure has been removed and the remaining post will be removed.

A vote was taken on the motion on the floor. AYE: Wardlaw, and Farmer. NAY: Morrison, Fleming, Self, Silvas, and Vardeman. Motion failed 2-5.

Motion, to approve the lease, as presented, was made by Councilmember Fleming and seconded by Mayor Morrison. AYE: Morrison, Fleming, Self, Silvas, and Vardeman. NAY: Wardlaw and Farmer. Motion carried 5-2.

APPROVAL OF REVISIONS TO THE CITY OF SAN ANGELO DEVELOPMENT CORPORATION GUIDELINES (GUIDELINES) FOR JOB CREATION ASSISTANCE REGARDING ELIGIBILITY OF APPLICANTS AND DIRECTION TO THE DEVELOPMENT CORPORATION TO REVIEW GUIDELINES AND PRESENT THEIR RECOMMENDATION FOR CONSIDERATION AT A FUTURE MEETING

Requested by Mayor Morrison and Interim Economic Development Director Bob Schneeman presented background information.

Motion, to authorize the revision to the Guidelines, as presented, was made by Mayor Morrison and seconded by Councilmember Fleming.

Councilmember Wardlaw expressed his concern regarding the suggested guideline language noting the language only refers to an individual. He suggested adding additional language to include limited liability companies and corporations.

Councilmember Farmer suggested the Development Corporation review the guidelines to make their recommendation or possibly form a committee. Mr. Schneeman added Council may also offer staff and the Development Corporation the opportunity to review the guidelines and make other recommendations; thereby, presenting a common effort between the Corporation and Council.

In conclusion, Mayor Morrison removed his motion and Councilmember Fleming his second.

Motion, to reinstate the Eligibility of Applicant guidelines as written prior to the revision in January 2012, directing the Development Corporation to review the Guidelines for Job Creation Assistance and make their recommendations at a future meeting, with the understanding changes to the Eligibility of Applicant guidelines language will not be revised as recommended today and as written in January 2012, was made by Mayor Morrison and seconded by Councilmember Fleming.

Public comments were made by Citizens Jim Turner and Jerry Sea.

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

TABLING OF DISCUSSION ON PROHIBITING FIREWORKS AT TWIN BUTTES RESERVOIR

Motion, to table the item, was made by Councilmember Fleming and seconded by Councilmember Self. Motion carried unanimously.

Minutes Vol. 104 August 20, 2013 DISCUSSION AND POSSIBLE ACTION CONCERNING A 3.8 ACRE TRACT OF LAND LOCATED ON THE LOOP 306 FRONTAGE ROAD AND OWNED BY THE WEST TEXAS CHRISTIAN FOUNDATION, AKA CHRISTIAN VILLAGE PROPERTY

Requested by Councilmember Wardlaw, he provided a history of the senior citizen housing unit property. He noted due to the development and topography changes to the area, flood issues have been created since 1995 through the 3.8 acre tract of land. Responding to a question from Council, James Carter, Attorney for the West Texas Christian Foundation, stated the foundation is interested in making an offer to the City to sell the property at market value in order for the City to acquire the easement necessary for the culvert to solve the issue. Councilmember Wardlaw clarified no easement has been granted to the City and the foundation has been to sell the property due to the flood issue.

Motion, to authorize staff to conduct an appraisal of the property (utilizing either Stribling or Halfmann appraisers) to obtain the fair market value unencumbered by the drainage ditch (an assessment before and after the drainage ditch), possibly in the form of a letter appraisal versus the longer form appraisal; to consider the cost of the property; and to utilize current year stormwater funds to fund the purchase, was made by Councilmember Wardlaw and seconded by Councilmember Farmer.

Responding to a question from Councilmember Farmer, Mr. Carter stated the community would welcome the offer by the City to continue the maintenance of the community garden.

General discussion was held on the presentation and report regarding the repair costs by former City Engineer Clinton Bailey, the possible drainage causes. City Manager Daniel Valenzuela suggested the City conduct a fair assessment to determine whether it is the state’s or the city’s responsibility. Assistant City Manager/Chief Financial Officer Michael Dane added the appraiser may make that assessment providing the City with the option to either consider purchasing the property or damage settlement.

Councilmember Wardlaw amended his motion to include two appraisals – before and after, at the current fair market value.

Public comments were made by Citizen Billy DeWitt.


RECESS

At 10:06 A.M., Mayor Morrison called a recess.

RECONVENE

At 10:23 A.M., Council reconvened, and the following business was transacted:

AUTHORIZATION FOR STAFF TO NEGOTIATE AN AGREEMENT, IN SUBSTANTIALLY THE ATTACHED FORM, WITH ARTIST RAUL R. RUIZ TO DESIGN, CREATE, AND INSTALL A BRONZE SCULPTURE DEPICTING A POLICEMAN TOGETHER WITH A CHILD TO BE INSTALLED ON THE OUTDOOR PREMISES OF THE HEADQUARTERS BUILDING OF THE SAN ANGELO POLICE DEPARTMENT AT 401 EAST BEAUREGARD, SAN ANGELO, TEXAS, IN AN AMOUNT NOT TO EXCEED $100,000.00, AND AUTHORIZING THE CITY MANAGER TO EXECUTE AN AGREEMENT BETWEEN THE CITY OF SAN ANGELO AND RAUL R. RUIZ

Police Chief Tim Vasquez presented background information. A rending of the statue was presented to the Council.

Motion, to authorize staff to negotiate an agreement, as presented, was made by Councilmember Silvas and seconded by Councilmember Fleming.

Responding to questions by City Council, Chief Vasquez informed Administrative act to raise the funds of up to $100K (including the $35K that was approved in 2004 by prior City Council and the $4,500 in donations). General discussion was held on the fund raised to date, the City Council’s approved allocation, the project

Minutes Page 397 August 20, 2013 Vol. 104 contingent on raising funds and project will not occur until funds are secured; and staff will raise the remaining funds; thereby, no monies from the General Fund. City Council suggested the contract include the language regarding inception of work will be contingent on the available funds.


APPROVAL TO PRIORITIZE ADDITIONAL IMPROVEMENTS, DIRECTION TO STAFF TO CREATE PLANS ON SPECIFIC RECOMMENDED PROJECTS, AND TO PRESENT FINDINGS TO CITY COUNCIL REGARDING THE RIVER PROJECT WITH REMAINING DEDICATED FUNDS FOR THE PROJECT

Parks and Recreation Director Carl White presented background information. A copy of the presentation is part of the Permanent Supplement Record. Mr. White reviewed the proposed project enhancements.

General discussion was held on utilizing contingency funds for project maintenance, whether such an allocation was an eligible expense under the ½ sales tax or debt issuance regulations; other possible amenities; initiating private/public partnerships; dedicated funds specific to the project; the tree removal project, including planting, drip irrigation cost, utilizing and enhancing the existing system, and installing a new system at the golf course; other eligible projects; and continuing the project improvements utilizing contingency funds.

Motion, to direct staff to create plans on the following projects: restore putt-putt renovations, secure loose rocks, turn-around, maintenance drive El Paseo, in an amount not to exceed $275K and to present findings to City Council, as presented, was made by Councilmember Fleming and seconded by Councilmember Silvas.

Further discussion was held on the Hotel Occupancy Tax revenue and eligible projects, additional amenities, and future river improvements.


DISCUSSION AND POSSIBLE DIRECTION ON ITEMS RELATED TO THE CITY'S AUTHORITY WITHIN THE EXTRA-TERRITORIAL JURISDICTION (ETJ)

Requested by Councilmember Self, he suggested postponing the item. Council concurred.

Motion, to postpone item, as presented, was made by Councilmember Self and seconded by Councilmember Silvas. Motion carried unanimously.

DISCUSSION AND POSSIBLE ACTION REGARDING EXCESS HOTEL OCCUPANCY TAX (HOT) RECEIPTS

Finance Director Tina Bunnell presented background information. A copy of the presentation is part of the Permanent Supplement Record.

General discussion was held on the HOT revenue proposed projects, eligible projects, e.g. Cemetery Master Plan project, whether or not to hire consultant for the coliseum roof repair, and eligibility for undedicated capital funds.

Motion, to direct staff to develop an action plan on the following priority items: Fort Concho Stables air conditioning $100,000, Convention Center marquee $15,000, Sewer line at Convention Center $50, Beams at Visitors Center $30,000, forklift $32,000, and the sports complex field irrigation system at $175,000, for a total amount not to exceed $402K, as presented, was made by Councilmember Fleming and seconded by Councilmember Silvas.

Councilmember Farmer commented on wayfinding signage request and to invite a hotel/motel representative or other tourism representatives to speak in support of the project. Councilmember Vardeman concurred.

Civic Events Board Members Mikela Brownfield and Scott Zaruba spoke in support of the wayfinding proposal and suggested the Board become more involved in the process from a tourist’s perspective.

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

Minutes Vol. 104 August 20, 2013 FIRST PUBLIC HEARING AND INTRODUCTION OF AN ORDINANCE AMENDING ESTABLISHED BOUNDARIES OF SINGLE MEMBER DISTRICT 6

AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SAN ANGELO, TEXAS AMENDING THE ESTABLISHED BOUNDARIES OF SINGLE MEMBER DISTRICT NUMBER 6 FOR THE PURPOSE OF INCORPORATING NEWLY ANNEXED AREAS INTO SAID DISTRICT, PROVIDING FOR PRECLEARANCE AND ALL OTHER NECESSARY ACTIONS; AND PROVIDING FOR AN EFFECTIVE DATE

City Clerk Alicia Ramirez presented background information.

Motion, to introduce the Ordinance, as presented, was made by Councilmember Farmer and seconded by Councilmember Self. Motion carried unanimously.

FIRST PUBLIC HEARING AND INTRODUCTION OF AN ORDINANCE AMENDING THE 2012-2013 BUDGET FOR NEW PROJECTS AND INCOMPLETE PROJECTS

AN ORDINANCE OF THE CITY OF SAN ANGELO AMENDING THE BUDGET FOR THE FISCAL YEAR BEGINNING OCTOBER 1, 2012, AND ENDING SEPTEMBER 30, 2013, FOR NEW PROJECTS, INCOMPLETE PROJECTS, CAPITAL PROJECTS, AND GRANTS

Budget Analyst Laura Brooks presented background information.

Motion, to introduce the Ordinance, as presented, was made by Councilmember Silvas and seconded by Councilmember Fleming.

General discussion was held on the storage of the pianos.

Public comments were made by Citizen Jerry Sea regarding the 19th Street sidewalk project.


RECESS

At 11:51 A.M., Mayor Morrison called a recess.

RECONVENE


EXECUTIVE/CLOSED SESSION

At 12:15 P.M., Council convened in Executive Session under the provision of Government Code, Title 5. Open Government; Ethics, Subtitle A. Open Government, Chapter 551. Open Meetings, Subchapter D. Exceptions to Requirement that Meetings be Open, Section 551.072 to deliberate the purchase, exchange, lease, or value of real property regarding 1) Lake Nasworthy Lease Lots, 2) Lake Nasworthy property, and 3) Red Arroyo Hills Addition, 4) West Texas Water Partnership, and 5) lease of City owned property in the downtown area; and, Section 551.074(a)(1) to deliberate the appointment, employment, evaluation, reassignment, duties, discipline, or dismissal of the City Manager.

RECESS

At 3:33 P.M., Mayor New called a recess.

RECONVENE


Minutes Page 399 August 20, 2013 Vol. 104 DISCUSSION AND CONSIDERATION OF MATTERS RELATED TO THE FISCAL YEAR 2013-2014 BUDGET INCLUDING:

• FIRST PUBLIC HEARING OF A PROPOSED PROPERTY TAX LEVY FOR THE CITY OF SAN ANGELO FOR THE 2013 TAX YEAR;

• FIRST PUBLIC HEARING AND INTRODUCTION OF AN ORDINANCE OF THE CITY OF SAN ANGELO APPROVING AND ADOPTING THE FY 2014 BUDGET AND RELATED MATTERS

AN ORDINANCE OF THE CITY OF SAN ANGELO APPROVING AND ADOPTING THE BUDGET FOR THE FISCAL YEAR BEGINNING OCTOBER 1, 2013, AND ENDING SEPTEMBER 30, 2014; ADOPTING EMPLOYEE COMPENSATION SCHEDULES; PROVIDING FOR THE GENERAL APPROPRIATION OF FUNDS; RESERVING UNTO THE CITY COUNCIL THE AUTHORITY TO TRANSFER APPROPRIATIONS BUDGETED; RATIFYING TRANSFERS OF APPROPRIATIONS OCCURRING IN THE 2012-2013 FISCAL YEAR AND AMENDING THAT BUDGET ORDINANCE ACCORDINGLY; RESERVING UNTO THE CITY COUNCIL THE POWER, ONLY AS PERMITTED BY LAW, TO AMEND OR MAKE CHANGES IN THE BUDGET FOR MUNICIPAL PURPOSES; PROVIDING AUTHORITY FOR THE CITY MANAGER OR HIS DESIGNEE TO MAKE CERTAIN ADJUSTMENTS FROM TIME TO TIME IN OR BETWEEN BUDGETED ALLOCATIONS; AUTHORIZING THE CITY MANAGER OR HIS DESIGNEE TO APPLY FOR CERTAIN GRANTS AND EXECUTE ANY RELATED DOCUMENTS; AND, PROVIDING FOR FILING OF THE BUDGET

• CONSIDERATION OF CONDUCTING A SEPARATE RECORD VOTE TO RATIFY THE PROPERTY TAX INCREASE OF 2.52% AS REFLECTED IN THE NEWLY ADOPTED BUDGET AND PLACE THE ADOPTION OF THIS TAX RATE INCREASE ON THE AGENDA FOR THE SEPTEMBER 3, 2013 REGULAR MEETING OF THE CITY COUNCIL AS AN ACTION ITEM, AND ANY ACTION IN CONNECTION THERETO

Budget Manager Morgan Chegwidden presented background information. A copy of the presentation is part of the Permanent Supplement Record

Mayor Morrison opened the floor to hear public comment.

General discussion was held by Council on possible cuts within the budget, on whether to decrease the property tax rate due to increased development or banking the increased revenue for future projects, and further reviewing and analyzing the budget detail. City Manager Daniel Valenzuela recommended Council hold a budget workshop to dedicate at least 4 hours to review contingencies and related budget matters. Assistant City Manager/Chief Financial Officer Michael Dane suggested Council allow staff to proceed with the state truth and taxation requirement vote as well as flexibility to review and assess the remaining budget. He noted Council may also direct the City Manager to reallocate monies based on further review stating such action will apply to all funds. Mr Dane confirmed changes may be recommended even after approving and introducing the budget.

In conclusion, Council suggested holding a special meeting on Tuesday, August 27, 2013, at 2:00 p.m.

Public comment was made by Retiree Russell Smith regarding the decreases in retiree benefits, specifically the cost of living adjustments increase, and health insurance.

Motion, to introduce the Ordinance, as presented, with the understanding the budget allocations may be changed based on the special work session meeting scheduled for Tuesday, August 27, 2013, was made by Councilmember Vardeman and seconded by Councilmember Self. AYE: Morrison, Fleming, Self, Silvas, Vardeman, and Wardlaw. NAY: Farmer. Motion carried 6-1.

Motion, to ratify the property tax increase of 2.52% as reflected in the newly adopted budget and to place the adoption of this tax rate increase on the agenda for the September 3, 2013 regular meeting of the City Council as an action item, was made by Mayor Morrison and seconded by Councilmember Silvas. AYE: Morrison,

Minutes Vol. 104 August 20, 2013 Fleming, Self, Silvas, Vardeman, Wardlaw, and. NAY: Farmer. Motion carried 6-1.

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 BOARD NOMINATIONS BY COUNCIL AND DESIGNATED COUNCILMEMBERS:

Ft. Concho Museum Board: Darrin Fentress (SMD3) to a 1st full term January 2016

Water Advisory Board: Paul Alexander (SMD3) to an unexpired term September 2013

Motion, to approve the board nominations by Council and designated Councilmembers, was made by Councilmember Silvas and seconded by Councilmember Self. Motion carried unanimously.

CONSIDERATION OF THE OCTOBER 1, 2103 CITY COUNCIL MEETING

No action taken.

ANNOUNCEMENTS

SCHEDULING OF AN EVENING MEETING ON OCTOBER 15, 2013, AT 5:30 P.M.

Motion, to schedule an evening meeting on Tuesday, October 15, 2013 at 5:30 P.M., was made by Councilmember Vardeman and seconded by Councilmember Self. Motion carried unanimously.

CONSIDERATION OF FUTURE AGENDA ITEMS

City Manager Daniel Valenzuela distributed the proposed September 3, 2013 Agenda and solicited Council comments and suggestions.

Responding to a question from Councilmember Self, Mr. Dane informed the Police Department sport utility vehicles (Tahoe) have been delivered and are staff equipping vehicles with department public safety equipment.

Councilmember Vardeman requested an update on the Angelo State University’s golf cart request to operate on city streets.

ADJOURNMENT

Motion, to adjourn, was made by Councilmember Self and seconded by Morrison. Motion carried unanimously.

The meeting adjourned at 4:15 P.M.

THE CITY OF SAN ANGELO ___________________________________ Dwain Morrison, Mayor

ATTEST: _______________________________ Alicia Ramirez, City Clerk In accordance with Chapter 2, Article 2.300, of the Official Code of the City of San Angelo, the minutes of this meeting consist of the preceding Minute Record and the Supplemental Minute Record. Details on Council

Minutes Page 401 August 20, 2013 Vol. 104 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.)

WHEREAS, West Texas RSVP Volunteers “Wear Many Hats” during their volunteer service providing a spirit of helping that multiplies in value as each RSVP volunteer reaches out to serve another; and

WHEREAS, RSVP Volunteers have become a vital and positive force throughout the Concho Valley demonstrating a common conviction; that charity and social responsibility manifest all that is good; and

WHEREAS, The West Texas RSVP sponsored by the West Texas Rehabilitation Center will honor, recognize and celebrate the powerful contributions and impact that RSVP volunteers make solving problems, meeting community needs and providing a model for lifelong service in San Angelo and across the Concho Valley; and

WHEREAS, This recognition reinforces the message that service by older adults benefit all involved – it helps the RSVP volunteers by keeping them active, healthy and engaged; it helps our communities and nonprofits by utilizing the service of skilled volunteers; and it strengthens civic participation; and

WHEREAS, RSVP Volunteers are vital to our future as a caring and productive community and nation as they unselfishly share their time, talents and life experiences with others;

Now, Therefore I, Dwain Morrison, Mayor of the City of San Angelo, Texas, on behalf of the City Council do hereby proclaim September 5, 2013 as RSVP Volunteer Recognition Day in the Concho Valley and urge everyone to join us in recognizing these special volunteers who through their service remind each of us how volunteer work can expand opportunity not only for those in need, but also for those who give.

Adopted: 5/30/03 Revised: 6/21/10

City of San Angelo

Memo Date: August 7, 2013

To: Mayor and Councilmembers

From: Cindy M. Preas, Real Estate Administrator (657-4407)

Subject: Agenda Item for September 3, 2013 Council Meeting

Contact: Diana Farris, Property Specialist (657-4407)

Caption: Consent Item

Consideration of adopting a Resolution of the City of San Angelo authorizing the mayor to execute a tax-resale (quitclaim) deed conveying all right, title and interest of the City of San Angelo, and all other taxing units interested in the Tax Foreclosure Judgment or Tax Warrant:

a) 613 W 15th Street, (Owens), Lot 6, Block 5, Mineola Annex, $750, Suit No. B-94-0062-T

b) 520 W 15th Street, (Sullivan), Lot 10, Block 1, Mineola Annex, $2,000, Suit No. B-10-0166-T

Summary: The subject properties were auctioned at Sheriff’s Sale. No offers were receivedcausing subject properties to be stuck-off to the City, as Trustee for itself and the other taxing entities.

History: The attached Property Analysis reflects amounts of delinquent taxes, accrued penalties, interest, attorney fees and costs for delinquent years of, together with additional penalties and interest at the rates prescribed by Chapter 33, Tex. Propety

Financial Impact: Upon approval: (1) The City will retain a $500 Administration fee; (2) The balance will be distributed according to the judgment or tax warrant on the Sheriff’s Return; and (3) Property will be reinstated back onto tax roll.

Related Vision Item

(if applicable):

Financial Vision – Examine liquidation of unused or underperforming city-owned properties

Neighborhood Vision – Attract reinvestment

Other Information/ Recommendation:

Staff recommends approval.

Attachments: Property Analysis, Resolution, Tax-Resale Deed and Property Location Map

Presentation: N/A

Publication: N/A

Reviewed by Director:

Lysia H. Bowling, City Attorney

Approved by Legal:

A RESOLUTION OF THE CITY OF SAN ANGELO AUTHORIZING THE MAYOR TO EXECUTE A TAX-RESALE (QUITCLAIM) DEED CONVEYING ALL RIGHT, TITLE AND INTEREST OF THE CITY OF SAN ANGELO, AND ALL OTHER TAXING UNITS INTERESTED IN THE TAX FORECLOSURE JUDGMENT

WHEREAS, by Sheriff’s Sale, the properties described below were struck-off to the City of San Angelo, Trustee, pursuant to delinquent tax foreclosure decrees of the 119th Judicial District, Tom Green County, Texas; and WHEREAS, offers have been made for the purchase of said properties pursuant to Section 34.05, Texas Tax Code Ann.(Vernon, 1982); and

NOW THEREFORE BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SAN ANGELO that its Mayor, Dwain Morrison, is hereby authorized to execute a Tax-Resale (quitclaim) Deed conveying the following described real properties to the following as specified below, all of the right, title, and interest of the City of San Angelo, and all other taxing units interested in the tax foreclosure judgment, located in San Angelo, Tom Green County, Texas: Conveying to: ANTONIO OWENS, a single person; ($750):

Lot 6, Block 5, Mineola Annex, as described in Volume 283, Page 121, Deed Records of Tom Green County, Texas. Account #20-35000-0005-006-00

BLOSSOM SULLIVAN, a single person and LINDA BOONE, a married person as her sole and separate property; ($2,000):

Lot 10, Block 1, Mineola Annex Addition, City of San Angelo, Tom Green County, Texas, being more particularly described in a deed recorded in Volume 206, Page 15, Deed Records of Tom Green County, Texas Account #20-35000-0001-008-00

APPROVED AND ADOPTED ON THE DAY OF , 2013.

THE CITY OF SAN ANGELO

_______________________________ Dwain Morrison, Mayor Attest: ______________________________ Alicia Ramirez, City Clerk Approved As to Content: Approved As to Form: ______________________________ ______________________________ Cindy M. Preas, Real Estate Administrator Lysia H. Bowling, City Attorney

NOTICE OF CONFIDENTIALITY RIGHTS: If you are a natural person, you may remove or

strike any or all of the following information from this instrument before it is filed for record in

the public records: your social security number or your driver’s license number.

Tax-Resale Deed (Property Sold for Less than Adjudged Value)

Date: __________________________

Grantor: The City of San Angelo, a Texas home-rule municipal corporation, for itself and as Trustee

for itself, Tom Green County, and San Angelo Independent School District

72 West College Avenue

San Angelo, Tom Green County, Texas 76903

Grantee: Antonio Owens, a single person

521 West 17th Street


Consideration: Ten and No/100 Dollars ($10.00) and other good and valuable consideration

Property (including any improvements):

Lot 6, Block 5, Mineola Annex, as described in Volume 283, Page 121, Deed Records of

Tom Green County, Texas.

Account #20-35000-0005-006-00

Judgment: Judgment for the foreclosure of a tax lien against the Property entered on April 22, 1996 in

Suit No. B-94-0062-T, by the 119th District Court of Tom Green County, Texas.

Sheriff’s Deed: Grantor acquired full legal title to the Property — both for its own benefit and as Trustee for

all other taxing authorities entitled to receive proceeds from the sale of the Property under the

terms of the Judgment — by Sheriff’s Deed dated October 26, 1998, and recorded in Volume

671, Page 128, Official Public Records of Real Property, Tom Green County, Texas.

For the Consideration, Grantor — acting by and through its Mayor, who has been duly authorized to

execute this instrument on Grantor’s behalf by resolution and order of Grantor’s City Council recorded in the

City Council’s official minutes — hereby quitclaims to Grantee all of Grantor's right, title, and interest in and

to the Property, to have and to hold it to Grantee and Grantee's heirs, successors, and assigns forever. Neither

Grantor, nor any other taxing unit interested in the Judgment, nor any other person or entity claiming under

them, will have, claim, or demand any right or title to the Property or any part of it. Grantor gives this Tax-

Resale Deed without any express or implied warranty whatsoever; and all warranties that might arise by

common law and the warranties in § 5.023 of the Texas Property Code (or its successor) are hereby specifically

excluded.

Grantee's rights under this deed are subject to the provisions of Chapter 34 of the Texas Tax Code,

including, without limitation, any right of redemption remaining in the former owner of the Property; the terms

of any recorded restrictive covenants running with the land that were recorded before January 1 of the year in

which the tax lien on the property arose; any recorded lien that arose under such restrictive covenants that was

not extinguished in the judgment foreclosing the tax lien; and each valid easement of record as of the date of

the sale that was recorded before January 1 of the year the tax lien arose.

Grantor is selling the Property to Grantee for an amount that is less than the lesser of (1) the market

value specified in the Judgment, or (2) the total amount of the Judgment.

Grantee assumes full payment of any ad valorem taxes for the Property for the current year and all

future years.

When the context requires, singular nouns and pronouns include the plural.

GRANTOR:

The City of San Angelo, a Texas home-rule

municipal corporation, for itself and as Trustee for

any taxing authorities named in the Judgment

ATTEST: By: ____________________________

Dwain Morrison, Mayor and

duly-authorized agent

Alicia Ramirez, City Clerk

STATE OF TEXAS §

§

COUNTY OF TOM GREEN §

This instrument was acknowledged before me on _____________________, 2013, by Dwain

Morrison, Mayor and duly-authorized agent of the City of San Angelo, a Texas home-rule municipal

corporation, on behalf of such corporation and as Trustee for any taxing authorities named in the Judgment

identified in the above instrument.

__________________________________

Notary Public, State of Texas

After Recording, Return To:

Legal Description:

Improved/Unimproved

Tax Suit Number:

Location:

Parcel Size/Dimensions:

City of San Angelo vs.

Tax ID Number:

Judgment Date:

Date of Sheriff's Sale:

Sheriff's Deed Recorded:

15 YRS

Adjudge Value: 2,500.00$ No

Amount of Offer: 750.00$

Amounts Due Priority % of Pro Rata Amounts

Fees Judgment Allocations Remainder Allocations Distributed

Administration Fee $500.00 $500.00 0.00% $500.00

Maintenance Fee $2,400.00 $2,400.00 100.00% 250.00$ 250.00$

District Clerk $0.00 $0.00 0.00% $0.00

Sheriff's Fee $0.00 $0.00 0.00% $0.00

Attorney Fee $0.00 $0.00 0.00% $0.00

Municipal Liens -$ $0.00 0.00% $0.00 $0.00

Taxes -$ $0.00 0.00% $0.00 $0.00

Total $2,900.00 $0.00 $2,900.00 100.00% $0.00 $750.00

Actual Total Amt Due $2,900.00

Amount Remaining 250.00$

Offer will satisfy all costs according to the Judgment.

Purchased under Urban Redevelopment

PROPERTY ANALYSISFor Tax Resale Property

Years Held in Trust

October 29, 1998

613 W 15th Street

B-94-0062-T

Unimproved

Lot 6, Block 5, Mineola Annex, as described in Volume 283, Page 121, Deed Records of

Tom Green County, Texas.

Account #20-35000-0005-006-00

August 4, 1998

April 22, 1996

#20-35000-0005-006-00

J.C. Clay Account # UNKNOWN

50' x 140'

Lot 6, Block 5, Mineola Annex Addition613 W 15th St 50' x 140'

Copyright 2011 Esri. All rights reserved. Thu Dec 22 2011 10:57:54 AM.

NOTICE OF CONFIDENTIALITY RIGHTS: If you are a natural person, you may remove or

strike any or all of the following information from this instrument before it is filed for record in

the public records: your social security number or your driver’s license number.

Tax-Resale Deed (Property Sold for Less than Adjudged Value)

Date: __________________________

Grantor: The City of San Angelo, a Texas home-rule municipal corporation, for itself and as Trustee

for itself, Tom Green County, and San Angelo Independent School District

72 West College Avenue


Grantee: Blossom Sullivan, a single person and

Linda Boone, a married person as her sole and separate property

2109 N Lille Street


Consideration: Ten and No/100 Dollars ($10.00) and other good and valuable consideration

Property (including any improvements):

Lot 10, Block 1, Mineola Annex Addition, City of San Angelo, Tom Green County,

Texas, being more particularly described in a deed recorded in Volume 206, Page 15,

Deed Records of Tom Green County, Texas

Account #20-35000-0001-008-00

Judgment: Judgment for the foreclosure of a tax lien against the Property entered on June 14, 2011 in

Suit No. B-10-0166-TAX, by the 119th District Court of Tom Green County, Texas.

Sheriff’s Deed: Grantor acquired full legal title to the Property — both for its own benefit and as Trustee for

all other taxing authorities entitled to receive proceeds from the sale of the Property under the

terms of the Judgment — by Sheriff’s Deed dated October 12, 2012, and recorded in

Instrument Number 725813, Official Public Records of Real Property, Tom Green County,

Texas.

For the Consideration, Grantor — acting by and through its Mayor, who has been duly authorized to

execute this instrument on Grantor’s behalf by resolution and order of Grantor’s City Council recorded in the

City Council’s official minutes — hereby quitclaims to Grantee all of Grantor's right, title, and interest in and

to the Property, to have and to hold it to Grantee and Grantee's heirs, successors, and assigns forever. Neither

Grantor, nor any other taxing unit interested in the Judgment, nor any other person or entity claiming under

them, will have, claim, or demand any right or title to the Property or any part of it. Grantor gives this Tax-

Resale Deed without any express or implied warranty whatsoever; and all warranties that might arise by

common law and the warranties in § 5.023 of the Texas Property Code (or its successor) are hereby specifically

excluded.

Grantee's rights under this deed are subject to the provisions of Chapter 34 of the Texas Tax Code,

including, without limitation, any right of redemption remaining in the former owner of the Property; the terms

of any recorded restrictive covenants running with the land that were recorded before January 1 of the year in

which the tax lien on the property arose; any recorded lien that arose under such restrictive covenants that was

not extinguished in the judgment foreclosing the tax lien; and each valid easement of record as of the date of

the sale that was recorded before January 1 of the year the tax lien arose.

Grantor is selling the Property to Grantee for an amount that is less than the lesser of (1) the market

value specified in the Judgment, or (2) the total amount of the Judgment.

Grantee assumes full payment of any ad valorem taxes for the Property for the current year and all

future years.

When the context requires, singular nouns and pronouns include the plural.

GRANTOR:

The City of San Angelo, a Texas home-rule

municipal corporation, for itself and as Trustee for

any taxing authorities named in the Judgment

ATTEST: By: ____________________________

Dwain Morrison, Mayor and

duly-authorized agent

Alicia Ramirez, City Clerk

STATE OF TEXAS §

§

COUNTY OF TOM GREEN §

This instrument was acknowledged before me on _____________________, 2013, by Dwain

Morrison, Mayor and duly-authorized agent of the City of San Angelo, a Texas home-rule municipal

corporation, on behalf of such corporation and as Trustee for any taxing authorities named in the Judgment

identified in the above instrument.

__________________________________

Notary Public, State of Texas

After Recording, Return To:

Legal Description:

Improved/Unimproved

Tax Suit Number:

Location:

Parcel Size/Dimensions:

City of San Angelo vs.

Tax ID Number:

Judgment Date:

Date of Sheriff's Sale:

Sheriff's Deed Recorded:

11 mos.

Adjudge Value: 3,000.00$ No

Amount of Offer: 2,000.00$

Amounts Due Priority % of Pro Rata Amounts

Fees Judgment Allocations Remainder Allocations Distributed

Administration Fee $500.00 $500.00 0.00% $500.00

Maintenance Fee $200.00 $200.00 0.00% $200.00

District Clerk $373.00 $373.00 0.00% $373.00

Sheriff's Fee $100.00 $100.00 0.00% $100.00

Attorney Fee $385.00 $385.00 0.00% $385.00

Municipal Liens -$ $1,840.28 49.15% $217.26 $217.26

Taxes -$ $1,903.63 50.85% $224.74 $224.74

Total $1,558.00 $3,743.91 $1,558.00 100.00% $442.00 $2,000.00

Actual Total Amt Due $5,301.91

Amount Remaining 442.00$

Offer will satisfy all court costs and a portion of the liens and taxes according to the Judgment.

Sold under Urban Redevelopment

PROPERTY ANALYSISFor Tax Resale Property

Years Held in Trust

October 12, 2012

520 W 15th Street

B-10-0166-T

Unimproved

Lot 10, Block 1, Mineola Annex Addition, City of San Angelo, Tom Green County, Texas,

being more particularly described in a deed recorded in Volume 206, Page 15, Deed

Records of Tom Green County, Texas.

Account #20-35000-0001-008-00

October 2, 2012

June 14, 2011

#20-35000-0001-008-00

Jessie Mae Williams Account # 7976

50' x 171'

Lot 10, Block 1, Mineola Annex Addition 50 x 171'

Copyright:© 2012 ESRI, NAVTEQ, DeLorme

City Address Points

County Address Points

City Structures

City of San Angelo Fee Lands

City of San Angelo Trustee Lands

City Limits

Streets 2257

Ownership Parcels

October 23, 20120 0.025 0.050.0125 mi

0 0.04 0.080.02 km

1:1,500

City of San Angelo

Memo Date: 08/19/13


From: Tina Bunnell, Finance Director

Subject: Agenda Item for 9/03/13 Council Meeting

Contact: Tina Bunnell, Finance, 657-4270

Caption: CONSENT item

Consideration of adopting a Resolution of the City of San Angelo (“city”) authorizing the city to agree to an extension to the depository contract between the City and First Financial Bank, N.A. San Angelo (“Bank”) dated February 1, 2011, said extension being for a two (2) year term as provided for at the termination of primary term, so long as bank is not in default and both parties agree to the extension; authorizing the City Manager to execute a first amended depository contract.

Summary: The original Depository Contract with First Financial Bank called for a three year term beginning 10/01/10 with an option to extend the contract for an additional two years.

History: The City has used First Financial Bank (FFB) for depository services since 10/01/2000. During that time period, numerous enhancements have been requested by the City, and FFB has readily met those requests. Prompt and courteous service is always received when working with FFB.

Financial Impact: None

Related Vision Item

(if applicable):

None


Staff recommends that the contract be extended for another two years.

Attachments: Depository contract with First Financial Bank dated February 1, 2011 Amendment Depository contract attachment Notice of Option to Bank Resolution

Presentation: No special equipment is required.

Publication: None


Approved by Legal:

of 5

FIRST AMENDMENT TO DEPOSITORY CONTRACT

This First Amendment to Depository Contract is made and entered into effective on the

1st day of October, 2013, (the effective date) by and between the City of San Angelo, Texas, a

home-rule municipality of the State of Texas (“City”) and First Financial Bank, N.A. San Angelo

(“Bank”).

WHEREAS, City and Bank entered into a depository contract on February 1, 2011, a

copy of which is set forth in Attachment “A” hereto entitled “Depository Contract”; and,

WHEREAS, City and Bank desire to amend certain provisions of the Depository

Contract as provided by this First Amendment to Depository Contract;

NOW THEREFORE, in consideration of the premises and of the mutual promises,

covenants and agreements of the parties hereinafter set forth, it is hereby agreed between the

parties that the hereinabove described Depository Contract shall be and the same is hereby

amended as follows:

FIRST. Amendment to paragraph 1. TERM. Depository Contract shall be and the

same is hereby amended from and after the effective date by striking there from paragraph 1.

TERM., and by substituting in lieu thereof a new paragraph to read in its entirety as follows:

“1. TERM. This Contract shall commence on October 1, 2013 and remain in full force

and effect for a period of two (2) years.”

SECOND. Amendment to paragraph 8. MISCELLANEOUS section 8.7. NOTICES.

Depository Agreement shall be and the same is hereby amended by striking therefrom paragraph 8.

MISCELLANEOUS section 8.7. NOTICES, and by substituting in lieu thereof a new paragraph to

read in its entirety as follows, to-wit:

“8.7. NOTICES. All notices shall be in writing and delivered to the parties at the

addresses listed below. Personal hand delivery to an officer authorized to receive

notices or the mailing of the notice by registered or certified mail, return receipt

of 5

requested, postage prepaid, shall be sufficient service. The addresses of the

parties for notice purposes shall be as follows, unless notified otherwise in

writing:

If to the City: If to the Bank:

City of San Angelo First Financial Bank, N.A. San Angelo Attn: Daniel Valenzuela Attn: Jim Davidson, Exec. Vice President 72 W.College P.O. Box 5291 San Angelo, Texas 76903 San Angelo, Texas 76902

With a copy to:

City of San Angelo Attn: Dale Hahn, Finance Department 72 W. College San Angelo, Texas 76903 “

THIRD. All provisions of the Depository Contract not specifically amended hereby

shall remain in full force and effect throughout the term of the Depository Contract as amended

by this First Amendment.

of 5

THIS FIRST AMENDMENT TO DEPOSITORY CONTRACT AMENDS THE ORIGINAL DEPOSITORY CONTRACT BETWEEN CITY OF SAN ANGELO AND FIRST FINANCIAL BANK, N.A. SAN ANGELO, DATED FEBRUARY 1, 2011.

IN WITNESS WHEREOF the parties have executed this agreement on the dates below

indicated:

______________________ By: Jim Davidson Executive Vice President First Financial Bank, N.A. San Angelo _________________________ By: Daniel Valenzuela City Manager City of San Angelo Approved by Resolution of City Council Dated: ATTEST: Alicia Ramirez, City Clerk STATE OF TEXAS ) COUNTY OF TOM GREEN ) This instrument was acknowledged before me on this ______ day of _____________, 2013 by Jim Davidson in his official capacity as Executive Vice President, First Financial Bank, N.A. San Angelo. Notary Public My Commission Expires:

of 5

STATE OF TEXAS ) COUNTY OF TOM GREEN ) This instrument was acknowledged before me on this ______ day of _______________, 2013 by Daniel Valenzuela in his official capacity as City Manager, City of San Angelo, Texas. Notary Public My Commission Expires: APPROVED AS TO CONTENT APPROVED AS TO FORM Tina Bunnell, Director of Finance Dan T. Saluri, Sr. Assistant City Attorney

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Attachment “A”

Depository Contract between City of San Angelo and

First Financial Bank, N.A. San Angelo Dated February 1, 2011

August 9, 2013

First Financial Bank, N.A. San Angelo Attn: Jim Davidson 301 W. Beauregard San Angelo, Texas 76903 Dear Mr. Davidson:

The purpose of this letter is to notify you of the City’s intent, in accordance with the Depository Contract between the City of San Angelo and First Financial Bank, N.A. San Angelo, dated February 1, 2011, to exercise the option to extend the Depository Contract for a two (2) year term under the same terms and conditions (the “Option”):

At termination of the primary term of this Contract, parties shall have the option to extend the Contract once for two (2) years, under the same terms and conditions provided Bank is not then in default of any term, condition, or covenant in this Contract and provided both parties agree to the extension. This notification DOES NOT commit the City to exercise the Option nor does it in any way

obligate City until such authorization is obtained by City Council. If the Option is exercised by the City, it will be accomplished through an amendment to the

Depository Contract. Please execute your signature to certify that First Financial Bank, N.A. San Angelo agrees to

exercise the option where so indicated on the attached document and return the original to this office.

Sincerely,

Dale Hahn Cash/Debt Analyst Finance Department Phone: (325) 657-4251 Fax: (325) 658-3608

Enclosures APPROVAL TO EXTEND DEPOSITORY CONTRACT

I hereby approve, in accordance with the Depository Contract between the City of San Angelo and First Financial Bank, N.A. San Angelo, dated February 1, 2011, to exercise the option to extend the Depository Contract for a two (2) year term, beginning October 1, 2013. Date Jim Davidson, Executive Vice President First Financial Bank, N.A. San Angelo

A RESOLUTION OF THE CITY OF SAN ANGELO, TEXAS, AUTHORIZING THE CITY MANAGER TO EXECUTE A FIRST AMENDMENT TO DEPOSITORY CONTRACT TO THE DEPOSITORY CONTRACT WITH FIRST FINANCIAL BANK, N.A. SAN ANGELO, DATED FEBRUARY 1, 2011, AMENDING THE NOTICE PROVISIONS THEREIN AND EXTENDING THE CONTRACT FOR A TWO (2) YEAR TERM SO LONG AS BANK IS NOT IN DEFAULT AND BOTH PARTIES AGREE TO THE EXTENSION.

WHEREAS, City and Bank entered into a Depository Contract, dated February 1, 2011, for a three (3) year term, beginning October 1, 2010 and ending September 30, 2013, for City to deposit public funds and Bank to maintain such deposits; and WHEREAS, said Depository Contract provided for an option to renew said agreement for a two (2) year term at the end of the primary term, provided both City and Bank agree to the extension and City has found Bank not to be in default of any term, condition, or covenant of the Depository Contract; and WHEREAS, City has a continued need for the services performed under the Depository Contract and has found Bank not to be in default of any term, condition, or covenant of the Depository Contract; and WHEREAS, City and Bank mutually desire to amend and renew the Depository Contract by amending the notice provisions therein and extending the contract term two (2) years, beginning October 1, 2013 and ending September 30, 2015; and WHEREAS, all the terms and conditions of the Depository Contract shall be and remain in full force and effect except as amended by the First Amendment to Depository Contract.

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

The City Manager is hereby authorized to execute on behalf of the City of San Angelo the First Amendment to Depository Contract amending that certain Depository Contract with the First Financial Bank, N.A. San Angelo, dated October 1, 2011, renewing and amending the Depository Contract to restate the notice provisions therein and to

extend the contract term two (2) years, beginning October 1, 2013 and ending September 30, 2015, all terms of the Depository Contract not amended to remain in full force and effect. PASSED, APPROVED and ADOPTED on this the day of ________, 2013.

CITY OF SAN ANGELO

ATTEST: By: Dwain Morrison, Mayor By:

Alicia Ramirez, City Clerk Approved as to Content: Approved as to Form: Tina Bunnell, Lysia H. Bowling, Finance Director City Attorney

City of San Angelo Finance Department

Memo Date: July 24, 2013


From: Laura Brooks, Budget Analyst, Sr.

Subject: Agenda Item for August 6, 2013 Council Meeting

Contact: Laura Brooks, Budget Analyst, Sr., 653-6291

Caption: Regular (1st reading) Consent (2nd reading)

First public hearing and introduction of an Ordinance amending the 2012-2013 Budget for new projects, incomplete projects, capital projects and grants.

Summary: This proposed amendment contains the following items (additional information attached):

• Building Maintenance • Nature Center Programs • Gang Initiative Grant • South TIRZ Streetscape • Property Insurance Claim • Airport Layout Plan • Cemetery Perpetual Care • River Fest

History: See attached Budget Amendment Request memorandum.

Financial Impact: $497,388 (see attached detail on Exhibit A of the Ordinance)

Related Vision Item (if applicable): N/A

Other Information/Recommendation: Staff recommends approval.

Attachments: Ordinance including Exhibit A; Department request memos

Presentation: N/A

Publication: N/A

Reviewed by Director: Tina Bunnell, Finance Director

AN ORDINANCE OF THE CITY OF SAN ANGELO AMENDING THE BUDGET FOR THE FISCAL YEAR BEGINNING OCTOBER 1, 2012, AND ENDING SEPTEMBER 30, 2013, FOR NEW PROJECTS, INCOMPLETE PROJECTS, CAPITAL PROJECTS, AND GRANTS.

WHEREAS the City of San Angelo has determined that new projects not included in the current budget should begin, and

WHEREAS the City of San Angelo has determined that certain budgeted amounts should be amended due to project changes and unforeseen circumstances, and

WHEREAS the resources necessary for these changes are available;

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

The City’s budget for fiscal year 2012-2013 be amended by the amounts contained in Exhibit A.

INTRODUCED on the 6th day of August, 2013, and APPROVED and ADOPTED on this the 20th day of August, 2013.

CITY OF SAN ANGELO, TEXAS

__________________________________ Dwain Morrison, Mayor

ATTEST: __________________________________ Alicia Ramirez, City Clerk

Approved as to Content and Form:

__________________________________ Tina Bunnell, Finance Director

City of San Angelo Proposed Budget Amendment Exhibit A

Fund Description Total

Revenue Amendment

Total Expense

Amendment Net

Benefit/(Cost)

COSA Operating Budget

101 General Fund 13,365 9,365 4,000

103 Intergovernmental Fund 21,719 21,719 0

106 TIRZ Fund 25,000 25,000 0

320 Property Casualty Fund 245,000 255,000 (10,000)

440 Fairmount Cemetery 12,000 11,500 500

529 PFC Fund 72,402 72,402 0

531 Airport Capital Projects 72,402 72,402 0 601 Designated Revenue 30,000 30,000 0

Totals 491,888 497,388 (5,500)

City of San Angelo Proposed Budget Amendment Additional Information

Project/Need Source of Funding Revenue Expense

Net Benefit/ (Cost)

Building Maintenance

San Angelo Symphony Reimbursement 2,365 2,365 0

Nature Center Programs Program/Retail Income 11,000 7,000 4,000

Gang Initiative Grant Office of the Governor Criminal Justice Gang Initiative Grant 21,719 21,719 0

South TIRZ Streetscape

Downtown San Angelo, Inc., AEP Grant 25,000 25,000 0

Property Insurance Claim (Pianos)

Property/Casualty Fund –Fund Balance & TML Insurance Policy 245,000 255,000 (10,000)

Airport Layout Plan Passenger Facility Charges 144,804 144,804 0

Cemetery Perpetual Care Perpetual Care Trust 12,000 11,500 500 River Fest Donations, Concessions & Novelty

Sales 30,000 30,000 0

Totals 491,888 497,388 (5,500)

City of San Angelo Office of the City Clerk



From: Alicia Ramirez, City Clerk

Subject: Agenda Item for August 20th Council Meeting

Contact: Alicia Ramirez, City Clerk, 657-4405

Caption: Regular Item

First Public Hearing and consideration of introducing an Ordinance amending established boundaries of Single Member District 6


Summary: The City Council adopted an ordinance incorporating newly annexed areas in SMD 6. The public hearings were held on June 4, 2013 and June 18, 2013 and City Council adopted an ordinance on August 6, 2013. The area annexed is approximately 24.484 acres situated immediately west/southwest of San Angelo and encompassing a vacant 24.484 acre tract extending northwest from Mills Pass Drive, and located directly west of an 8.995 acre tract annexed to the City Limits on March 5, 2013 that comprises the proposed Prestonwood Addition, Section Two. The property in question is entirely vacant and situated adjacent to a growing residential subdivision, known as the Prestonwood Addition, located south/southeast of Sam's Club and west of Bonham Elementary School. This subdivision, nearing the completion of its development, was annexed to the city in 2008 and incorporates both traditional single-family residences and zero lot line homes. As part of the preclearance submission under Section 5 of the Voting Rights Act, the annexations update and change to the established boundaries of single member districts shall be cleared through the Department of Justice. The areas is uninhabited. The City will comply with all necessary requirements for the submission by adoption of this ordinance.

Financial Impact: None. Other Information/Recommendation: Staff recommends updating the established boundary of SMD #6. Attachments: Annexation Map A, Proposed Ordinance, and Revised 2013 SMD Map


WHEREAS, the City of San Angelo is a Home Rule municipal corporation operating under a municipal charter that has been adopted as authorized by Article XI, Section 5 of the Texas Constitution; and,

WHEREAS, pursuant to the City of San Angelo Charter, Section 3 entitled “Annexation”, the City Council shall have the power, after public hearing, of fixing the boundaries of the City of San Angelo and to annex additional territory by ordinance; and

WHEREAS, on August 6, 2013, the City Council adopted Ordinance #2013-08-___, annexing certain uninhabited areas into the City of San Angelo; and

WHEREAS, it is now necessary to incorporate such areas into a Single Member District within the City of San Angelo in order to ensure future new residents of the right to vote; and

WHEREAS, changes in single member districts constitute a change from prior practices requiring preclearance under the Federal Voting Rights Act.

NOW THEREFORE BE IT ORDAINED BY THE CITY OF SAN ANGELO:

SECTION 1: RECITALS INCORPORATED. The recitals set forth above are incorporated into the body of this Resolution as findings of the City Council as if fully set forth herein.

SECTION 2: DESIGNATION OF ESTABLISHED BOUNDARIES: The boundaries of Single Member District 6 be, and are hereby, amended as set forth in Exhibit “A”, attached hereto and incorporated herein by reference for all purposes.

SECTION 3: SUBMISSIONS TO THE UNITED STATES JUSTICE DEPARTMENT: The City Clerk of the City of San Angelo, or her authorized agent, shall make such submissions as are necessary to the United State Justice Department to seek pre-clearance approval.

SECTION 4: NECESSARY ACTIONS: The Mayor and the City Clerk, in consultation with the City Attorney, are hereby authorized and directed to take any and all actions necessary or appropriate to comply with the provisions of the San Angelo Code of Ordinances, the Texas Election Code and any other Texas State or federal law in carrying out and designating established single member district boundaries for District 6, as amended, whether or not expressly authorized herein and all such actions of City officials previously taken for said purposes are hereby ratified.

SECTION 5: SEVERABILITY: The terms and provisions of this Ordinance shall be deemed to be severable in that if any portion of this Ordinance shall be declared to be invalid, the same shall not affect the validity of the other provisions of this Ordinance.

SECTION 6: EFFECTIVE DATE: This ordinance shall be effective from and after adoption of this ordinance.

INTRODUCED on the 20th day of August, 2013, and finally PASSED, APPROVED and ADOPTED on this the 3rd day of September, 2013.

CITY OF SAN ANGELO, TEXAS _________________________ Dwain Morrison, Mayor

ATTEST: _________________________ Alicia Ramirez, City Clerk Approved as to Content: Approved as to Form:

_________________________ __________________________ Alicia Ramirez, City Clerk Lysia H. Bowling, City Attorney

EXHIBIT “A”

DESCRIPTION OF SINGLE MEMBER DISTRICT 6

FOR SAN ANGELO, TEXAS

BY 2010 U. S. CENSUS P. L. 94-171 TRACT AND BLOCK

TRACT / BLOCK TRACT / BLOCK TRACT / BLOCK 001101 1009 001101 1010 001101 1011 001101 1023 001101 1024 001101 1025 001101 1026 001101 1027 001101 1035 001101 1036 001101 1041 001101 1042 001101 1045 001101 1046 001101 1047 001101 1048 001101 1049 001101 1050 001101 1051 001101 1053 001101 1054 001101 1055 001101 1056 001101 1057 001101 1058 001101 1059 001101 1060 001101 1061 001101 1062 001101 1063 001101 1064 001101 1065 001101 1066 001101 1067 001101 1068 001101 1069 001101 1070

001101 1071 001101 1072 001101 1073 001101 1074 001101 1075 001101 1076 001101 1077 001101 1078 001101 1079 001101 1080 001101 1081 001101 1082 001101 1083 001101 1084 001101 1085 001101 1086 001101 1087 001101 1088 001101 1089 001101 1090 001101 1091 001101 1092 001101 1093 001101 1094 001101 1095 001101 1096 001101 1097 001101 1098 001101 1099 001101 1100 001101 1101 001101 1102 001101 1103 001101 1104 001101 1105 001101 1106 001101 1107

001101 1108 001101 1109 001101 1110 001101 1111 001101 1112 001101 1113 001101 1114 001101 1115 001101 1116 001101 1117 001101 1118 001101 2000 001101 2001 001101 2002 001101 2003 001101 2004 001101 2005 001101 2006 001101 2007 001101 2008 001101 2009 001101 3000 001101 3001 001101 3002 001101 3003 001101 3004 001101 3005 001101 3006 001200 6038 001200 6039 001301 7002 001301 7003 001301 7004 001301 7005 001301 7006 001301 7007 001301 7013

001301 7014 001303 1000 001303 1001 001303 1002 001303 1003 001303 1004 001303 1005 001303 1006 001303 1007 001303 1008 001303 1009 001303 1010 001303 2000 001303 2001 001303 2002 001303 2003 001303 2004 001303 2005 001303 2006 001303 2007 001303 2008 001303 2009 001303 2010 001303 2011 001303 2012 001303 3000 001303 3001 001303 3002 001303 3003 001303 3004 001303 3005 001303 3006 001303 3007 001303 3008 001303 3009 001303 3010 001303 3011 001303 3012 001303 3013 001303 4000 001303 4001 001303 4002 001303 4003 001303 4004 001303 4005

001303 4006 001303 4007 001303 4008 001303 4009 001303 4010 001303 4011 001303 5000 001303 5001 001303 5002 001303 5003 001303 5004 001303 5005 001303 5006 001303 5007 001303 5008 001303 5009 001704 1068 001704 1079 001704 1094 001704 1095 001704 1096 001704 1115 001704 2000 001704 2001 001704 2179 001704 2180 001704 2181 001704 2182 001704 2183 001704 2184 001704 2185 001704 2186 001704 2187 001706 1000 001706 1001 001706 1002 001706 1003 001706 1004 001706 1005 001706 1006 001706 1007 001706 1008 001706 1009 001706 1010 001706 1011

001706 1012 001706 1013 001706 1014 001706 1015 001706 1016 001706 1017 001706 1018 001706 1019 001706 1020 001706 1021 001706 1022 001706 1023 001706 1024 001706 1025 001706 1026 001706 1027 001706 1028 001706 1029 001706 1030 001706 1031 001706 1032 001706 1033 001706 1034 001706 1035 001706 1036 001706 1037 001706 1038 001706 1039 001706 1040 001706 1041 001706 1042 001707 1000 001707 1001 001707 1002 001707 1003 001707 1004 001707 1005 001707 1006 001707 1007 001707 1008 001707 1009 001707 1010 001707 1011 001707 1012 001707 1013

001707 1014 001707 1015 001707 1016 001707 1017 001707 1018 001707 1019 001707 1020 001707 1021 001707 1022 001707 1023 001707 1024 001707 1025 001707 1026 001707 1027 001707 1028 001707 1029 001707 1030 001707 1031 001707 1032 001707 1033 001707 1034 001707 1035 001707 1036 001707 1037 001707 1038 001707 1039 001707 1040 001707 1041 001707 1042 001707 1043 001707 1044 001707 2009 001707 2010 001707 2011 001707 2012 001707 2013 001707 2014 001707 2015 001707 2016 001707 2017 001707 2018 001707 2019

001707 2020 001707 2021 001707 2022 001707 2023 001707 2025 001707 2026 001707 2027 001707 2028 001707 2029 001707 2031 001707 2032 001707 2033 001707 2034 001707 2036 001707 2037 001707 2038 001707 2039

M E M O R A N D U M

DATE: August 2013

TO: San Angelo COSADC Board and City Council

FROM: John Dugan

RE: Synopsis Recent/Current Activity

April-June 2013

Worked with 10 companies

o 8 Companies energy related

4 visited San Angelo and are possible new businesses for SA

2 should be making a decision by the end of the third quarter of

2013

Continued work with the City to complete rezoning of the existing business park and

begin marketing the property to interested Companies

The Chamber continued to assist in the mobilization the West Texas Energy Consortium

o Addressing the issues impacting the community due to the increase in energy

production in the area

Workforce

Housing

Education

Economic Development

o Working on a regional basis

o Meeting with representatives of communities that have already been affected by

oil/gas production

o Sponsored visits to communities in the region already seeing the effects of

growth

Talked to community leaders

Looked at housing/temporary and permanent

Visited drilling areas and spoke with principals about job creation, needs,

and future expectations

Familiarizing staff with the variety of business within the field of energy to assist in

planning and to accommodate the needs of business considering San Angelo and those

already here

Actively pursued the funding for the UTSA Institute for Economic Development to

commission of a study to indentify and project the affects of the Cline Shale on the

region

Working with local companies

o Continue to develop strategies to identify opportunities in the current economic

climate

o to assist in workforce issues

o to identify resources for oil related businesses to insure local trade

Identifying Real Estate and keeping files on resources to disseminate to interested

businesses

Represented San Angelo at the NAFTA “Invest in Texas” event sponsored by the State of

Texas Economic Development Office, meeting with 60+ businesses from Mexico

interested in doing business in Texas.

Hosted the Economic Development Awards Luncheon and recognized six local

businesses for growth and contribution to our economy

Chamber organized and hosted a trip to Washington DC for San Angelo community

leaders through Military Affairs to support Goodfellow Air Force Base

SAN ANGELO CHAMBER OF COMMERCE 2013 2nd QUARTER ECONOMIC DEVELOPMENT REPORT TO:

CITY COUNCIL CITY OF SAN ANGELO DEVELOPMENT CORPORATION

TOM GREEN COUNTY COMMISSIONERS ECONOMIC DEVELOPMENT COUNCIL

I. MEMORANDUM

II. PROSPECTS

III. GENERAL ACTIVITES/MARKETING IV. JUNE 30, 2013 FINANCIAL STATEMENTS

GENERAL ACTIVTIES APRIL – JUNE 2013

Assistance: Demographic and cost of living data was supplied to a local retailer looking to expand into a larger location. Assistance was provided to a real estate development group who is recruiting new retail establishments to San Angelo. An information packet was mailed to an oil service company in Louisiana looking to expand their services to West Texas. Information was sent to a residential developer who is interested in San Angelo. Information was provided to a local attorney and a real estate developer from California. A packet of information including population projections, retail leakage, and sales tax was assembled for a local commercial realtor who is working with a developer. Hope spoke with a multi-family housing broker about the area and current projects. Staff supplied information to a developer considering a project in San Angelo. Additional emails were exchanged and information was given to a residential builder interested in San Angelo. Additional demographic and workforce information was provided to the consultant working to recruit another airline to San Angelo. The San Angelo representatives traveled to Utah in July. Information was provided to an energy company moving to the area, and a meeting was scheduled for the following week. Meetings and events: Staff attended all COSADC meetings during the quarter. John presented on the benefits of the High Ground of Texas membership, presented two prospects, and discussed others with the board. At the April Economic Development Council meeting, the group was briefed on the progress of the Cline Shale study, and information was shared regarding economic development. Staff attended a meeting with the BRC partners to discuss co-working. John met with a property owner who has office space available, and the information was posted to our website. Staff spoke with multiple developers interested in San Angelo. John attended a SBA Lender’s Roundtable luncheon in Ballinger.

John presented 1st quarter reports to COSADC and City Council in May. John attended “Mexico in San Antonio - Invest in Texas” Reception with Texas Wide Open for Business, a program of the Governor’s Office for Economic Development. John attended “Dinner and Conversation” with Texas Midwest Community Network in Buffalo Gap Monday night. Staff hosted additional meetings with pending projects including commercial and residential real estate developers. John attended the Downtown Development Commission Meeting. John met with an oil related housing developer considering San Angelo as a location for modular housing for oil workers. John presented a report to Tom Green County Commissioners Court outlining activity for the past year and updating the commissioners on current projects. John attended the quarterly West Texas Training Center Advisory board meeting. BREP Efforts: Six companies were recognized for their growth in 2012 at the annual Economic Development Awards luncheon in April: SniderIT, Patriot Automation & Control, Clarion Hotel San Angelo, TimeClock Plus, Shannon Clinic, and Texas Pacifico Transportation. John and Phil attended MedHab’s product fulfillment and website demonstration, and a Cline Shale Consortium meeting in Abilene. Staff held a BREP meeting with a local business. Prospects: John worked with City staff on plans for the business park, and on a proposal for an environmental prospect we’ve been working with. The prospect was later presented to the COSADC board in executive session. Staff responded to a State lead for a service-related company. A new energy-related lead was received, and John contacted the company. John followed up with Mexican companies he met in San Antonio at the NAFTA “Invest in Texas” event. Miscellaneous: Second quarter cost of living data was collected. Meeting space was provided to an environmental prospect we continue to work with.

Letters were sent to potential contributors in the Cline Shale Consortium to fund the study. We collected $6,250 from local and regional partners including: Sweetwater Enterprise for Economic Development, Ballinger Chamber of Commerce, Howard College San Angelo, City of Rotan, City of Bronte, Concho Valley Electric Co-Op, Home Builders Association San Angelo, Crockett National Bank, and the City of Robert Lee. Our database of available properties was updated on the website. The economic development contract with the City was approved by Council this quarter. Membership with the International Council of Shopping Centers and the Council for Community and Economic Research was renewed.

MARKETING JANUARY – MARCH 2013

An ad was secured in Area Development in their spring issue featuring “Texas Today.” San Angelo was ranked 51st in MSA’s within their “100 Leading Locations Study.” The package included a print ad, online banner ad, and recognition as a leading location. Marketing pieces are included in the packet. Work continued on the Advance San Angelo logo and marketing materials.

SAN ANGELO CONVENTION & VISITORS BUREAU 2nd Quarter Report April - June, 2013

1. Convention Activities …………………………..........……. 1 - 6

2. Visitor Statistics …………………..........…................…… 7 - 9

3. Financials …………………………………..........………… 10 - 13

4. Marketing & Promotions..…………..........……………….. 14 - 20

COI{VENTIOI{ ACTIVITIES

SA]Y AIYGELOCOIYVENTI ON & VISITOR,S B TIREAU

2013 2nd QuarterApril-June

Assisted with 19 conventions, meetings, sporting events ormotor coach tours

o Projected attendance: 17 "059

. Projected room nights: 2^59I

o Average length of days spent: 3.5 days

o Total Economic Impact: $5.125"280

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Smith Travel Research Report

June, 2013

Percent Change from June 2012

2013 2012 2013 2012 2013 2012 Occ ADR RevPAR Room Rev Room Avail Room Sold

San Angelo+ 81.3 83.4 104.62 78.97 85.08 65.88 -2.5 32.5 29.1 29.1 0.0 -2.5

Abilene+ 64.4 63.2 75.88 74.91 48.90 47.33 2.0 1.3 3.3 3.3 0.0 2.0

Midland+ 64.0 79.8 140.08 129.18 89.66 103.04 -19.8 8.4 -13.0 -7.1 6.8 -14.3

Odessa+ 69.2 88.3 131.25 129.04 90.78 113.97 -21.7 1.7 -20.4 -10.7 12.1 -12.2

Lubbock+ 76.6 71.0 81.34 76.58 62.34 54.37 8.0 6.2 14.7 11.4 -2.8 4.9

Kerrville+ 61.7 57.6 80.69 80.55 49.79 46.43 7.1 0.2 7.2 7.2 0.0 7.1

Amarillo+ 82.1 73.1 76.30 73.68 62.66 53.85 12.4 3.6 16.4 18.2 1.6 14.2

Wichita Falls+ 63.2 58.2 67.20 65.45 42.50 38.09 8.7 2.7 11.6 11.1 -0.5 8.2

Killeen+ 69.5 81.0 69.93 76.30 48.59 61.79 -14.2 -8.4 -21.4 -19.7 2.1 -12.4

Longview+ 58.6 61.1 67.40 65.79 39.47 40.23 -4.2 2.4 -1.9 2.1 4.0 -0.4

Percent Change from YTD 2012

2013 2012 2013 2012 2013 2012 Occ ADR RevPAR Room Rev Room Avail Room Sold

San Angelo+ 77.8 71.3 94.84 76.39 73.81 54.43 9.2 24.1 35.6 35.6 0.0 9.2

Abilene+ 56.4 54.0 74.94 74.11 42.28 40.01 4.5 1.1 5.7 5.6 -0.1 4.4

Midland+ 60.5 77.5 145.99 115.56 88.37 89.57 -21.9 26.3 -1.3 6.8 8.2 -15.5

Odessa+ 71.0 86.4 136.39 114.77 96.77 99.14 -17.9 18.8 -2.4 6.6 9.2 -10.3

Lubbock+ 66.0 62.4 81.03 76.04 53.51 47.43 5.9 6.6 12.8 10.0 -2.5 3.3

Kerrville+ 50.8 46.2 75.92 75.45 38.58 34.83 10.1 0.6 10.8 10.8 0.0 10.1

Amarillo+ 60.1 57.9 70.38 69.36 42.27 40.19 3.6 1.5 5.2 9.4 4.1 7.8

Wichita Falls+ 50.1 48.4 65.58 64.05 32.83 30.99 3.5 2.4 5.9 2.4 -3.4 -0.0

Killeen+ 57.0 63.4 67.75 69.60 38.59 44.10 -10.1 -2.7 -12.5 -10.6 2.1 -8.2

Longview+ 55.3 55.4 66.21 64.80 36.60 35.92 -0.3 2.2 1.9 4.0 2.0 1.7

Census Sample Census Sample

San Angelo+ 24 18 1956 1533

Abilene+ 43 26 3361 2108

Midland+ 37 22 3194 2349

Odessa+ 36 20 2974 2130

Lubbock+ 56 38 4929 3782

Kerrville+ 14 10 1092 864

Amarillo+ 69 44 6018 4209

Wichita Falls+ 27 22 2238 1973

Killeen+ 34 19 2327 1591

Longview+ 37 21 2531 1537

Participation

RoomsProperties

Occ %

Current Month - June 2013 vs June 2012

RevPARADR

RevPARADROcc %

Year to Date - June 2013 vs June 2012

San Angelo Visitor Center Statistics

January 1 - June 30, 2013

Total Visitors In-State Visitors States other than Texas International Visitors

6607 3846 2514 247

Top 12 Texas Cities Top 6 States Top 6 Countries

Midland Oklahoma Mexico

Marble Falls California Canada

San Antonio New Mexico Germany

Houston Missouri United Kingdom

Lubbock Colorado Korea

Odessa Illinois Australia

Austin

Fort Worth

Abilene

El Paso

Big Spring

Dallas

Top 5 Purpose-of-visit

Leisure

Dragboat Races

Coaches Clinic

Family

Business

Information includes Visitor Center sign-in sheets and Special Event Registration data

2013-Mid Year Surveys-San Angelo Visitors Center

Purpose of Visit

Vacation 38%

Weekend Getaway 14%

Business 9%

Visiting family/friends 8%

Convention 3%

Attending Event 3%

Shopping 3%

Graduation 2%

ASU 1%

Goodfellow 1%

Room Night Usage

Hotel 285

Friends/Relatives 194

Camping 88

Apartment 30

Goodfellow 14

Top 8 Texas Cities in Descending Order

Houston

Del Rio

Midland

Odessa

San Antonio

Lubbock

Fort Worth

Amarillo

How did you hear about San Angelo?

Advertising 20%

Visitsanangelo.org 11%

Brochure from another visitor center 11%

Friends/Relatives 8%

Received brochure in mail 6%

Convention Packet 3%

Travel Agent 2%

Where were they from?

Texas 59%

Out of State 35%

International 6%

CONVENTION & VISITORS BUREAU

INCOME,EXPENSEANDPROFIT/LOSSSTATEMENTFOR THE ONE MONTH AND THE SIX MONTHS ENDING JUNE 30,2013

INGOME:HOTEL/MOTEL TAX RECEIPTSINTEREST INCOMEVISITORS CENTER SALESTOTAL INCOME

OPERATING EXPENSES:SALARIES & BENEFITSOVERHEADADMIN EXPENSETOTAL EXPENSES

MARKETING EXPENSES:MARKETING EXPENSESTOTAL PROGRAM EXPENSES

TOTAL EXPENSES

OPERATING INCOME(LOSS)

DESIGNATED FUND EXPENSESSports Fund ExPenseWayfi nding Signage ExPense

TOTAL DESIGNATED FUND EXPENSES

DESIGNATED FUNDS INCOMESports Fund DonationsWayfinding Donations

TOTAL DESIGNATED FUND INCOME

MONTH TO DATE

$ 65,050.7826.04

612.18

65,689.00

18,926.744,340.642,503.62

25,771.00

25.449.9925.449.99

_ 51,220.99

14,468.01

2,000.009.82

2,009.82

0.000.000.00

YEAR TO DATE

$ 380,251.75160.02

3.627.50384,039.27

121,235.1834,654.1715.305.54

171,194.89

135,371 .49

135.371.49

306.506.38

77,532.89

4,000.002.917.546,917.54

750.000.00

750.00

NET PROFIT/(LOSS) $ 12,458.19 $ 71,355.35

Convention & Visitors BureauOPERATING INCOME STATEMENT

FOR THE ONE MONTH AND THE SIX MONTHS ENDING JUNE 30, 2013

INCOME:Hotel/Motel Tax ReceiPtslnterest lncomeVisitors Center Sales

Total lncome

OPERATING EXPENSES:Extra Help/Part-timeAdministrative WagesSocial SecurityBookkeeping & Administration FeeMedicareRetirement PlanUnemployment ComPGroup lnsuranceAuditRenVStorage BldgFacility AgreementCornerstone ExPenseEquipment ExPenseGeneral lnsuranceUtilitiesPostageSecurityTelephoneComputers/Database SuPPortOffice SuppliesChristmas Lights ExPenseAutomobile AllowanceMaintenanceMiscellaneous Office SuPPort

Total Operating ExPenses

MARKETI NG/ADVERTISING :

Volunteer ProgramProfessional DuesProfessional Trai ni ng/ConferencesSubscriPtionsPostage/MarketingAdverti si n g/P u blicitYPublic RelationsTelephone (800 Number)Visitor Event lncentiveConvention Servicing SuPPliesVisitor Center MerchandiseCVB WebsitePromotional ltemsPrinting/Brochure DeveloPmentVisitors & Travel MarketingConvention & Travel Trade

25,771.00 171,134.89 177 ,749.21 390'967'00

$ 65,050.78 $ 380,251.75 $ 446,080.57 $ 795,000.00 47 -83

26.04 160.02 167 .61 350.00 45.85

612.18 3,627 .50 3.818-19 8,000.00 45.35

65,689.00 384,039.27 450,066.37 _ 803,350.00 47.80

MONTHACTUAL

June

YEARTO DATE

2013

YEARTO DATE

2012

ANNUALBUDGET

2013

YEAR TO DATEPERCENT

2013

43 77

883.84 5,274.14 5,847.08 17,500.00 30.14

15,154.00 92,882.06 92,257 .09 197,887.00 46.94

1 ,001 .1 8 6,216 80 6,',1 60 45 1 1 ,800.00 52 69

1 ,416.66 8,499.96 8,499.96 17,000.00 50'00

234.16 1,453.99 1,44Q.81 2,700.00 53'87

28.50 4,580.47 5,481 .40 10,600.00 43 22

0 oo 324.09 106.06 600.00 54.11

1,625.06 10,503.63 12,44577 29,150.00 36'03

0.00 0.00 o.0o 2,600 00 0'00

100.00 600.00 480 00 1 ,000.00 60'06

500.00 3,000.00 2,500.00 6,000.00 50 01

0.00 946.65 1,070.17 200.00 475'70

974.62 9,171.55 7 ,617 .48 18,000.00 50 96

0.00 1,982.20 1 ,985.80 4,680.00 42 36 .. -

1,040.85 6,257.07 5]4552 14,000.00 !a!0 0'346.86 520.54 467.80 2,400.00 21 70 'l

131.59 789.54 659.82 2,000.00 39'50

452.28 3,307.18 4,178.11 7,000.00 47 '25

0.00 554.50 3,196.17 5,000.00 11 09

621.14 2,432.34 2,574.43 6'500.00 37 '43

0.00 0.oo 0.00 1,750.00 0 00

1,061.665,846.218,749.5419,000.0030'77173.30 5,092.60 5,661 .71 1 1 ,600.00 43 91

25.30 899.37 624'04 2,000 00 44 99

0.00390.00

0.0014,950.00

13,688.40257.00

15.350.00

3,438.570.000.000.000.00

722.126,246.79

60.00784.00430.001 16.40478.54

88,705.683,346.13

59 431,500.00

15,318.612,033.05

265.000000.00

5,884.7511,498.44

0.001,910.00

240.40117.05

0.0065,121.572,158.78

95.797,000.007,268.32

862.67402.50

4,948.690.00

12,485.0414,770.73

2.5011.209562.33

13.68 *47.95'66.9414.893.75

56.7433.8910.600.000.00

19 9023 96

Gonvention & Visitors BureauOPERATING INGOME STATEMENT

FOR THE ONE MONTH AND THE SIX MONTHS ENDING JUNE

Trade Shows

Total Marketi n g/Advertisi n g

TOTAL EXPENSES

OPERATING BUDGET INC/LOSS

DESIGNATED FUNDS INCOME

Sports Fund Donations

Wayfinding Donations

TOTAL DESIGNATED FUNDINCOME

DESIGNATED FUNDS EXPENSE

Sports Fund ExPense

Wayfinding Signage ExPense

CVB Bid lncentive ExPenses

CommunitY Events ExPense

CVB Reserves ExP.

Depreciation ExPense

TOTAL DESIGNATED FUND

EXPENSE

SURPLUS (DEFICIT)

676.81 4,891.46 6'640.05

25,449.99 135,371.49 124'021.19

51,220.99 306,506.38 301'770.40

MONTHACTUAL

June

14,468.01

0.00

0.00

0.00

19,345.640.00

6,500.000.00

0.00

2,500.00

0.00

0.00

750.00

0.00

4,000.00

2,917.54

0.00

0.00

0.00

0.00

YEAR YEARTO DATE TO DATE

2013 2012

30,2013

ANNUALBUDGET

2013

23,000.00

412.375.00

803,342.00

8.00

YEAR TO DATEPERCENT

2013

21.27

32 83

77,532.89 148,295.97

750.00 19,345.64

2,000.009.82

0.00

0.00

0.00

0.00

2,009.82 6,917.54 9,000.00

12,458.19 71 ,365.35 -

158'641 .61

Current AssetsPrimevest M/Mkt - 3 month working capital

Community Events Checking- Texas Bank

Wayfinding Checks - First Financial Bank

Sports Fund CheckingCash in Bank - First Financial Bank

Total Current Assets

Fixed AssetsProperty & EquiPmentAccumulated DePreciation

Total Fixed Assets

Total Assets

Convention & Visitors BureauBALANCE SHEET

As of June 30,2013 and June 30,2012

Assets

Current Year

353,708.2330,832.42

1,569.55

27,634.02425.213 37

838,957.59

89,561.01(86,132.33)

3,428.68

s 842,386.27

246.331,596.57

97.90(243.81)171.22

868.21

702,975.7230,803.9630,876.274,496.76

71.365.35

840,518.06

s 842.386.27

Liabilities and Fund Balance

Current LiabilitiesWrite Off Old ChecksPayroll Tax PaYable

Unemployment - SUTA Tax PaYable

On Account - 09 Travel Council Sponsor

Sales Tax PaYable

Total Current Liabilities

Fund BalanceFund Balance - CVBFund Balance/Community Events (not occupan

Sports Promotion Fund Balance

Fund Balance/ Wayfinding Project (not occupa

Earnings Year to Date (Loss)

Total Fund Balance

Total Liabilities andFund Balance

Prior Year

153,683.6640,814.46

4,496.7625,902.31

586,622.17

89,561.01(86,132.33)

3,428.68

_$_____E99!59.89-

$ 0.00

(ee1.35)

0.69

000210 23

(780.43)

371,334.5943,303.9613,054.364,496.76

158,641.61

590,831.28

$ 590.050.85

VERY IMPORTANTTO ORDER, REFERENCE THIS lD#:499779001a

Special Notes:ref # 443400001 e

O THIS DESIGN WAS CREATED BY LAMAR ADVERTIS]NGAND CANNOT BE USED FOR ANY OTHER ADVERTISINGPU RPOSES WITHOUT WRITTEN PERMISSION

Product Size. 10'6" x22'9" Poster.FlexPlant: San Angelo , TexasArtist: Terry BourgeoisCAP Facility: Baton Rouge, LATuesday, April 30 2013

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Ride Texas - Spring 2013

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1-800-375-1206 visitsanangelo.org

April Arts in Angelo

ceramicsmosaicstheatremusicportraitsmuralspaintingshistory

Invitational Ceramics Show “Art of the Pot”Fort Concho - “Frontier Day”Beatles Tribute - “Come Together”Angelo Civic Theatre - “The Fantastics”

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Texas Highway & Texas Monthly April 2013

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Big as All Outdoors!!

Showdown in San Angelo Drag Boat Race Baseball & Softball - Texas Bank Sports Complex

City Wide Fireworks Displays & Celebrations Multiple Golf Courses * State Park

Chicken Farm Art Center * Downtown Art Walk Scenic River Walk * Sculpture Garden

Colts Baseball * Angelo State University Sports

VISITSANANGELO.ORG 1-800-375-1206

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Texas Events Calendar Spring 2013

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TEXAS Events Calendar Summer 2013

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What’s New in San Angelo ART

SPORTS

HISTORY

SCULPTURE GARDEN * MOSAIC ART * SPECTACULAR SHEEP

WAKEBOARDING * DRAG BOAT RACING * GOLF * GYMNASTICS

VISITSANANGELO.ORG 1- 800 - 375 - 1206 DOWNHOME - UPTOWN - GOODTIMES

HISTORIC MURALS

*HONORING WEST TEXAS MILITARY HISTORY

ART ALONG THE CONCHO RIVER Art in Uncommon Places, a local non-profit artist group, offers a plethora of new public artwork, permanently installed on the revitalized Concho River. Art in Uncommon Places has donated five mosaic car sculptures designed by local artists. These community-produced works of art have been six years in the making, and each creative piece is a functional work of art with incorporated items such as benches and picnic tables. Each one of these unique sculptures helps to showcase San Angelo as one of the most creative cities in the nation. In addition, expansive mosaic murals will be installed under two of the bridges spanning the Concho River, along the beautiful San Angelo river walk. SCULPTURE GARDEN 15 large-scale works by different artists will be on display at Sunken Garden Park, (700 Block S. Abe Street/W. Avenue D). Sunken Garden Park includes a formal sunken garden area where, spring through fall, canna and other flower displays are featured. The also park includes large open areas, landscaped groves and a walking and jogging track, as well as handsome retaining walls, stairs, and other stonework created by the WPA in the 1930’s. The large-scale sculptures will enhance an already beautiful spot, and add yet another attraction to San Angelo’s wonderful River Walk.

SHOWDOWN IN SAN ANGELO – DRAG BOAT RACES June 21 - 23 the weekend of Showdown San Angelo, an estimated crowd of 10,000 spectators, volunteers, and racers will gather in San Angelo to view the exciting fast-paced event on Lake Nasworthy. Thanks to the partnership with Lucas Oil, over 6 million viewers from across the country will be able to watch highlights of the races on television in 2013. SPORTS

San Angelo provides a wide variety of sports which include wakeboarding, skateboarding,

tennis, golf, fishing, hunting, boating, birding, cycling, spectator sports, San Angelo Stock

Show & /Rodeo, Angelo State University sports & MORE.

ADDITIONAL HIGHLIGHTS:

San Angelo Museum of Fine Arts Concho Avenue and Historic Downtown

San Angelo Nature Center San Angelo State Park

Fort Concho National Historic Landmark Angelo State University

International Water Lily Garden Concho Cruises

Orient Santa Fe Depot Chicken Farm Art Center

Historic Murals Miss Hattie’s Bordello Museum

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Texas 2013 SPRING VACATION GUIDE Insert

City of San Angelo



From: Ricky Dickson, Water Utilities Director

Subject: Regular Item for September 3, 2013 Council Meeting

Contact: Ricky Dickson, Water Utilities Director, 657-4209

Caption: Reconsideration of approving a Special Recreational Lease Agreement with MK-Allan Enterprises, Inc., a Texas corporation for 9.77 acres of land located adjacent to the Concho River and authorizing the City Manager to execute the same (Requested by Councilmember Self).

Summary: Allan Temperton, President of MK-Allan Enterprises, Inc. is owner of the adjacent property and desires to enter into a new Special Recreational Lease Agreement. History: This property has not been leased by previous adjacent property owners.

Financial Impact: Lease fee will be $569.00 per year as computed on Exhibit B (attached). Related Vision Item (if applicable): None. Other Information/Recommendation: It is recommended that the lease be approved and the City Manager be authorized to execute the lease. Staff recommends approval. Attachments: Lease Agreement Publication: None. Reviewed by Service Area Director: Ricky Dickson, Water Utilities Director, August 19, 2013 Reviewed by City Attorney: Lysia Bowling, August 22, 2013

1

Special Recreational Lease Agreement

Basic Terms

Date:

Landlord: City of San Angelo, a Texas home rule municipal corporation

Landlord’s Address: 72 W. College Avenue, San Angelo, Tom Green County, Texas 76903

Tenant: MK Allan Enterprises, Inc., a Texas corporation

Tenant’s Address: 764 Royal Oaks Loop, Fredericksburg, Gillespie County, Texas 78624

Leased Premises: SURFACE ESTATE ONLY of approximately 9.77 acres of land, situated in San Angelo, Tom Green County, Texas, as described in Exhibit “A” (“Leased Premises”) attached hereto and being made a part hereof, at or near the waters of Lake Nasworthy (hereinafter “Lake”).

Term: Five (5) years and three (3) months Commencement Date: October 1, 2013

Termination Date: December 31, 2018

Permitted Use: Solely for Recreational Use as limited herein

Initial Payment: Initial Rent Payment due and payable on execution of this Lease, is the sum of Three Hundred Eighteen Dollars ($318.00), which includes: (a) Seventy-five Dollars ($75.00) – one time Granting Fee; (b) One Hundred Dollars ($100.00) – document preparation fee; and (c) One Hundred Forty-Three Dollars ($143.00) – 2013 pro-rated Annual Rent.

Annual Rent: Annual Rent shall be Five Hundred Sixty-Nine Dollars ($569.00), paid on or before January 1st of each year, during the term of this Lease, as computed on Exhibit “B” attached hereto and incorporated by reference.

Clauses and Covenants

A. Tenant agrees to—

1. Lease the Premises for the entire Term beginning on the Commencement Date and ending on the Termination Date.

2. Obey all laws, ordinances, rules and regulations relating to Tenant’s use and maintenance of the Leased Premises, including those certain ordinances of the City Council of the City of San Angelo, (“Council”), adopted April 2, 1951, as amended from

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time to time and known as the Lake Nasworthy-Twin Buttes Ordinances. Tenant understands and agrees that this Lease Agreement does not exempt Tenant from application of any of the ordinances, rules and regulations now or hereafter applicable to Lake Nasworthy. Any breach of said ordinances, rules or regulations shall be deemed a default of this Lease Agreement, and, at the option of the Landlord, may result in termination of this Lease.

3. Pay in advance the Initial Rent Payment, and on or before January 1st of each year during the term of this Lease, the Annual Rent to Landlord at Landlord’s Address, 72 W. College, San Angelo, Texas 76903.

4. Pay to Landlord a late charge or interest for any rent received by Landlord after the date that the rent is due in accordance with applicable ordinances, provided however, that acceptance by Landlord of late charges or interest shall not be construed as a waiver of the right of Landlord to terminate this Lease at its option as authorized herein.

5. Pay all taxes on Tenant’s property located on the Leased Premises.

6. Use the Leased Premises for recreational use only and uses incidental thereto.

7. At Tenant’s sole expense, keep and maintain fences and other improvements now on the Leased Premises in good condition, maintain landscape, and keep said Premises clean and cleared of all objectionable matter, including accumulations of trash, personal property, brush, and accumulations of dead vegetation. In the event Tenant shall fail to maintain Leased Premises in a manner acceptable to Landlord as herein required, after notice of default to Tenant, Landlord may enter upon the Leased Premises without further notice and cause Leased Premises to be cleaned, cleared, and mowed, and may dispose of all objectionable matter in the manner deemed appropriate by Landlord. Tenant expressly authorizes the cost of any such clearing, cleaning, mowing and disposal to be billed to Tenant separately as additional rent or added to the next Annual Rent payment due, plus 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.

8. Maintain the pecan trees on Leased Premises. Pecans produced from said trees shall be the property of Tenant during the term of this Lease.

9. Indemnify, Defend, and Hold Harmless Landlord as follows: TENANT FURTHER AGREES TO INDEMNIFY, DEFEND AND HOLD HARMLESS LANDLORD, ITS OFFICERS, OFFICIALS, COUNCIL AND BOARD OR COMMISSION MEMBERS, AGENTS, AND EMPLOYEES, FROM AND AGAINST ANY AND ALL CLAIMS, DEMANDS, SUITS, JUDGMENTS, DAMAGES, LOSSES, PENALTIES, FINES, ATTORNEYS’ FEES, COSTS AND EXPENSES ASSERTED BY ANY PERSON OR PERSON, INCLUDING AGENTS OR EMPLOYEES OF TENANT OR LANDLORD, BY REASON OF DEATH OR INJURY TO PERSONS, OR LOSS OR DAMAGE TO PROPERTY, RESULTING FROM OR RELATED TO TENANT’S OCCUPATION OR CONTROL OVER THE LEASED PREMISES, OR SUSTAINED IN OR UPON THE LEASED PREMISES, OR AS A RESULT OF ANYTHING CLAIMED TO BE DONE OR ADMITTED TO BE DONE BY TENANT. THIS INDEMNIFICATION,

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DEFEND AND HOLD HARMLESS AGREEMENT SHALL SURVIVE THE TERM OF THIS AGREEMENT AS LONG AS ANY LIABILITY COULD BE ASSERTED. NOTHING HEREIN SHALL REQUIRE THE INDEMNIFYING PARTY TO INDEMNIFY, DEFEND OR HOLD HARMLESS ANY INDEMNIFIED PARTY FOR THE INDEMNIFIED PARTY’S OWN GROSS NEGLIGENCE OR WILLFUL MISCONDUCT.

10. Maintain Insurance as follows:

a. Tenant shall obtain and maintain continuously in effect at all times during the term hereof, at Tenant’s sole expense, minimum comprehensive general liability insurance in the amount of at least $100,000.00 combined single limit liability per occurrence for bodily injury and property damage. This insurance shall be an occurrence-type policy written in comprehensive form and shall protect Landlord against liability which may accrue against Landlord by reason of Tenant’s occupancy or control over the Leased Premises, or wrongful conduct incident to the use thereof, resulting from any accident or event occurring on or about the Leased Premises. All insurance policies required herein shall be drawn in the name of Tenant, with Landlord, its council members, officials, officers, directors, agents and employees named as additional insureds.

b. Tenant shall furnish Landlord with certificates of insurance as evidence that all of the policies required herein are in full force and effect and provide the required coverages and limits of insurance. The certificates shall provide that any company issuing an insurance policy shall provide not less than 30-days advance notice in writing of cancellation, non-renewal or material change in the policy of insurance. In addition, Tenant shall immediately provide written notice to Landlord upon receipt of notice of cancellation of an insurance policy, or of a decision to terminate or alter any insurance policy. All certificates of insurance shall clearly state that all applicable requirements have been satisfied including certification that the policies are of the “occurrence” type. Certificates of insurance for Landlord shall be mailed in accordance with the notice provisions of this Lease Agreement.

c. Tenant shall require its insurance carrier, with respect to all insurance policies, to waive all rights of subrogation against the City of San Angelo, its council members, members of boards and commissions, officers, officials, agents and employees.

d. The procuring of such policies of insurance shall not be construed to be a limitation upon Tenant’s liability or as a full performance of its obligations under the indemnification provisions of this Lease. Tenant’s obligations are, notwithstanding said policies of insurance, for the full and total amount of any damage, injury or loss caused by or attributable to its occupation or control over the Leased Premises pursuant to this Lease or any extension thereof.

11. Vacate the Leased Premises on the last day of the Term.

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B. Tenant agrees not to—

1. Use the Leased Premises for any purpose other than the Permitted Use, including that:

a. No improvements or construction work, including but not limited to living quarters, buildings, pump houses, water wells, storage buildings, excavations, fills, or other types of structures or improvements shall be built or placed on the Leased Premises.

b. No storage of personal property shall be permitted on the Leased Premises, including but not limited to, equipment, machinery, motor vehicles, recreational vehicles, campers, trailers, appliances, temporary electrical wiring, materials, or supplies.

2. Create or allow any nuisance or waste on Leased Premises.

3. Alter the Leased Premises, including:

a. Clearing new roads, or locating on Leased Premises any type of manufactured housing or mobile home.

b. Removing or destroying any live trees from Leased Premises without first obtaining permission from Landlord.

4. Allow a lien to be placed on the Leased Premises.

5. Assign this Lease or sublease any portion of the Leased Premises without Landlord’s written consent. 6. Hunt on the Leased Premises or allow anyone else to do so.

7. Litter or leave trash or debris on the Leased Premises.

C. Landlord agrees to—

Lease to Tenant the Leased Premises beginning on the Commencement Date and ending on the Termination Date unless earlier terminated as herein provided, subject to: easements of record, Landlord’s reservation of right to execute and deliver mineral leases, and Landlord’s reservation of right to grant utility easements and rights-of way for streets and alleys, and further subject to Tenant’s compliance with the terms and conditions of this Lease.

D. Landlord agrees not to—

Allow any use of the Leased Premises inconsistent with Tenant’s Permitted Use, subject to the reservations of rights herein stated, and so long as Tenant is not in default.

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E. Landlord and Tenant mutually agree to the following:

1. Rent Adjustment. Landlord and Tenant agree Landlord shall have the right to make an adjustment in the Annual Rent upon any extension or renewal of this Lease.

2. Temporary Improvements. Tenant may place temporary improvements on Leased Premises only with the prior, written approval of Landlord, which shall be in the sole discretion of Landlord. Such improvements shall be for purposes of recreation only. Temporary improvements for other purposes are prohibited. Nothing shall be constructed, placed, or planted on Leased Premises which will in any way obstruct the natural flow of drainage or of rising water. Temporary improvements shall not include walls or be more than ten (10) feet in height. Tenant shall secure any required permits prior to placement of any temporary improvement on the Leased Premises. Temporary improvements shall be constructed in compliance with all applicable codes, laws, rules or regulation.

3. Water Usage. Tenant, may, upon receipt of an annual water use permit from Landlord, as provided in City of San Angelo Code of Ordinances, use water from the Lake or river, for domestic purpose and watering of existing trees and shrubs, but no water is to be removed from or transported off Leased Premises. Use of water for irrigation is expressly prohibited. Tenant shall use water in a conservative manner taking any drought conditions into consideration. Any abuse of the limited privilege for the use of water as determined in the sole discretion of Landlord shall be grounds for Landlord in denying the use of water to Tenant. Tenant shall pay raw water use charges as set by Landlord.

4. Conditional Grant of Lease. This Special Recreational Lease Agreement is granted to Tenant under the condition that Tenant is and continues to be for the duration of this Lease the owner or Leaseholder of real property adjacent to Leased Premises. Should Tenant not be or cease to be the owner or Leaseholder of real property adjacent to Leased Premises, this Lease shall automatically terminate, and Landlord shall not be liable for refunding to Tenant any prepaid Annual Rent or other lease fees.

5. Flooding or Other Water Damage or Destruction. The parties hereto acknowledge that the Leased Premises are within an area subject to flooding and variations in Lake water level. It is expressly agreed between the parties that neither Landlord nor any of its officers, officials, council members, agents or employees shall be liable to Tenant for any damages caused in any manner, negligent or otherwise, by water, flooding, water run-off, variation in level of Lake waters, or overflow of the rivers, creeks, or channels which serve as sources of water supply to the Lake, nor by reason of any work or maintenance by Landlord, deemed necessary or desirable in Landlord’s sole judgment, for the maintenance of said Lake, Lake level, or its sources of water supply. Any such damages that may be occasioned thereby during the term of this Lease Agreement or any extension thereof are hereby waived by Tenant, and Tenant does

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hereby forever release and discharge Landlord from liability for any such loss or claim of loss.

6. Release of Claims. Tenant expressly releases Landlord, its officials, officers, agents, and employees from any and all claims and damages of any kind whatsoever by reason of the condition of Leased Premises, or any improvements thereon, or any damages or loss incurred by Tenant relating to Tenant’s use of the Leased Premises or exercise of the privileges granted hereunder.

7. Reservations. Landlord reserves the privilege and right for itself and its assignees, to execute and deliver oil, gas and other mineral Leases upon the Leased Premises, water rights, right-of-way easements for gas, oil, water, or wastewater pipelines, sewer mains, telephone, telegraph or electric pole transmission lines, or other utility easements, and right-of-ways for streets or alleys, on, under, over or across said Leased 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 mineral Leases, utility easements or street and alley right-of-ways.

8. Termination of Lease for Public Purposes. If Landlord shall deem that Leased Premises are required for any public purpose during the term of this Lease, Landlord shall have the right to terminate this Lease by giving ninety (90) days written notice to Tenant of Landlord’s election to terminate the Lease. Tenant shall promptly deliver possession of Leased Premises to Landlord on the effective date of termination.

9. No Encumbrances. Tenant shall not have the right to encumber the Leased Premises.

10. Transfer, Assignment and Subletting. Tenant may not transfer, assign or sublet the Leased Premises, in whole or in part, without the prior written consent of the Landlord, which consent may be withheld in the sole discretion of Landlord.

11. Debts Related to Leased Premises.

a. Utilities: Any utility charges relating to Tenant’s occupancy, control or use of the Leased Premises shall be paid in full by Tenant when due. Failure to timely pay such charges shall, at the option of Landlord, result in termination of this Lease.

b. Taxes: It is further understood and agreed that Tenant 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 Landlord or Tenant, or to which either of them may become liable. Tenant 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 Tenant agrees to indemnify and save harmless Landlord from all such taxes, charges and

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assessments. Failure to pay such taxes and special assessments as provided herein shall, at the option of Landlord, result in termination of this Lease. The provisions of this part 11., subparagraphs a. and b. shall survive termination of this Lease agreement for so long as such taxes, charges or assessments remain payable.

12. Default by Tenant/Events.

a. failing to timely pay Annual Rent; or, b. failing to comply within thirty (30) days after written notice with any

provision of this Lease Agreement other than failing to timely pay Annual Rent.

13. Default by Tenant/Landlord’s Remedies. Landlord’s remedy for Tenant’s default, after compliance with the notice provisions hereof, is to terminate this Lease Agreement by written notice, take possession of the Leased Premises, and seek judicial relief for costs, rents due and such other damages or relief to which Landlord may be entitled. Landlord may enter and take physical possession and control over the Leased Premises on termination of this Lease by self-help, and may prohibit the Tenant in default or any other person who may be occupying the Leased Premises, from access thereto or the use thereof, and shall not be liable in trespass or for damages therefore.

14. Default/Waiver/Mitigation. It is not a waiver of default if the Landlord fails to declare immediately a default or delays in taking any action. Pursuit of any remedy set forth in this Lease does not preclude pursuit of other remedies under this Lease or provided by law.

15. Reimbursement of Landlord’s Expenses. Tenant shall pay on demand all of Landlord’s expenses including, but not limited to, attorney’s fees and court costs incurred in enforcing any of Tenant’s obligations under this Lease, which include, but are not limited to, collection of Annual Rent.

16. Amendment of Lease. This Lease may be amended only by an instrument in writing signed by Landlord and Tenant.

17. Disclaimer of Warranties. ALL WARRANTIES OF LANDLORD THAT MAY ARISE IN COMMON LAW ARE EXCLUDED LANDLORD 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. THERE ARE NO IMPLIED WARRANTIES OF MERCHANTABILITY, OF FITNESS FOR A PARTICULAR PURPOSE, OR OF ANY OTHER KIND ARISING OUT OF THIS LEASE AGREEMENT, AND THERE ARE NO WARRANTIES THAT EXTEND BEYOND THOSE EXPRESSLY STATED IN THIS LEASE.

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18. Notices. Any notice required or permitted under this Lease must be in writing and delivered to the address for the recipient party. Any notice required by this Lease will be deemed to be delivered (whether actually received or not) on the third day after deposited with the United States Postal Service, postage prepaid, certified mail, return receipt requested, and addressed to the intended recipient at the address below. Notice may also be given by personal delivery or commercial courier delivery and will be effective when actually received. Any address for notice may be changed by written notice delivered to the other party as provided herein.

LANDLORD TENANT City of San Angelo MK-Allan Enterprises, Inc. Real Estate Division Attn: Allan Temperton, President 72 W. College Ave. 764 Royal Oaks Loop San Angelo, Texas 76903 Fredericksburg, Texas 78624 With copies to: Office of the City Attorney

72 W. College Ave. San Angelo, Texas 76903

19. Entire Agreement. This Lease Agreement constitutes the entire agreement of the parties concerning the lease of the Premises by Landlord to Tenant. There are no representations, warranties, agreements, or promises pertaining to the lease of the Leased Premises by Landlord to Tenant that are not in this Lease Agreement.

[Signature Page to Follow]

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EXECUTED in duplicate originals the day of , 2013.

TENANT:

MK-ALLAN ENTERPRISES, INC. Allan Temperton, President

LANDLORD:

Attest: CITY OF SAN ANGELO

By: Alicia Ramirez, City Clerk Daniel Valenzuela, City Manager STATE OF TEXAS § COUNTY OF TOM GREEN § This instrument was acknowledged before me on the day of , 2013, by Allan Temperton, as President of MK-Allan Enterprises, Inc., on behalf of said corporation Notary Public, State of Texas STATE OF TEXAS § COUNTY OF TOM GREEN § This instrument was acknowledged before me on the day of , 2013, by Daniel Valenzuela, as City Manager of the City of San Angelo, a Texas municipal corporation, on behalf of said corporation. Notary Public, State of Texas

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Insurance Addendum to Lease Lease

Date:

Landlord: City of San Angelo, a home rule municipal corporation

Tenant: MK-Allan Enterprises, Inc.

This insurance addendum is part of the Lease.

Tenant agrees to—

1. Maintain the liability insurance policies required below (mark applicable boxes) during the Term and any period before or after the Term when Tenant is present on the Leased Premises:

Type of Insurance Minimum Policy Limit

⌧ Homeowners Liability Per occurrence: $100,000.00

Aggregate: $100,000.00

2. Comply with the following additional insurance requirements:

a. All liability policies must be endorsed to name Landlord as an “additional insured” on a form that does not exclude coverage for the sole or contributory ordinary negligence of Landlord and must not be endorsed to exclude the sole negligence of Landlord from the definition of “insured contract.”

b. Certificates of insurance and copies of any additional insured and waiver of subrogation endorsements must be delivered by Tenant to Landlord before entering the Leased Premises and thereafter at least ten days before the expiration of the policies.

[End of Insurance Addendum]

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Exhibit A Leased Premises

Field Notes

9.77 Acres Being an area of 9.77 acres of land out of V. Muller, Survey 176, Abstract No. 1648 and H. Hornburg Survey 175, Abstract No. 350 and also being out of the Sixth Tract in Deed from West Texas Utilities Company to the City of San Angelo, Texas as described and recorded in Volume 295, Page 526, Deed Records of Tom Green County, Texas and being more particularly described by metes and bounds as follows: Beginning at a point for the northwest corner of this tract and in the south right of way line of U.S. Hwy. Loop 306 and being the northeast corner of a certain 64.06 acre tract (record call 65.461 acre) of land described in Deed from Jan Kidd and Maureen Robbins as Independent Co-Executors of the Estate of Marvin E. Hanz, Deceased to MK-Allen Enterprises, Inc. dated March 20, 2013 and recorded as instrument #733631, Official Public Records, Tom Green County, Texas; Thence S. 67°52’30” E. a distance of 416.93 feet to a point on the west bank of the South Concho River; Thence southeasterly following the meanders of the west bank of the South Concho River approximately 1009 feet to a point of intersection with an easterly projection of the north line of River Valley Estates, Section One as recorded in Volume 4, Page 249 of the Plat Records of Tom Green County, Texas; Thence N. 89°17’47” W. a distance of 407.28 feet to a point at the northeast corner of said River Valley Estates, Section One, said point also being the southwest corner of this tract; Thence N. 18°17’43” W. a distance of 958.40 feet to an ell corner of this tract and said Tract 6; Thence N. 5°11’53” E. a distance of 201.49 feet to the place of beginning and containing an area of 9.77 acres of land.

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Exhibit A Leased Premises

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EXHIBIT “B”

LEASE FEE: 9.77 acres X $12.00 per acre = $117.00 Recreational Fee = $200.00 RIVER FRONTAGE FEE 1,009 feet X $0.25 per foot = $252.00 Total Annual Fee = $569.00

City of San Angelo

Memo

Meeting Date: September 3, 2013

To: City Council members

From: Kevin Boyd, Planner

Subject: Z13-25: Efraim and Lupe Puente, a request for approval of a zone

change from Ranch & Estate (R&E) to Single-Family Residential (RS-1) to allow for single-family residences, on the following property:

Location: 801 Fisher Street, located at the northwest corner of the

intersection of Townview Lane and Fisher Street; more specifically occupying the Porter Highland Acres, Block 2, Except N 350' of W 122.9' and S 25' of Lot 30, in western San Angelo.

Purpose: Approval or this request would zone the property Single-Family

Residential (RS-1)

Contacts: Efraim Puente Jr. / Lupe Puente, Owners 325-374-4262

Kevin Boyd, Planner 325-657-4210

Caption: First Public Hearing and consideration of introduction of an Ordinance

amending Chapter 12, Exhibit “A” (Zoning Ordinance) of the Code of Ordinances, City of San Angelo

Z13-25: Efraim and Lupe Puente AN ORDINANCE AMENDING CHAPTER 12, EXHIBIT “A” OF THE

CODE OF ORDINANCES, CITY OF SAN ANGELO, TEXAS, WHICH SAID EXHIBIT “A” OF CHAPTER 12 ADOPTS ZONING REGULATIONS, USE DISTRICTS AND A ZONING MAP, IN ACCORDANCE WITH A COMPREHENSIVE PLAN, BY CHANGING THE ZONING AND CLASSIFICATION OF THE FOLLOWING PROPERTY, TO WIT: 801 Fisher Street, located at the northwest corner of the intersection of Townview Lane and Fisher Street. This property specifically occupies the Porter Highland Acres, Block 2, Except N 350' of W 122.9' and S 25' of Lot 30, in western San Angelo, changing the zoning classification from Ranch &

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Estate (R&E) to Single-Family Residential (RS-1) District; PROVIDING FOR SEVERABILITY AND PROVIDING A PENALTY

Summary: The City Council may:

(1) Recommend approving the proposed zone change as requested; or (2) Recommend modifying the application to some alternative zoning classification

believed to be more appropriate; or

(3) Deny the proposed zone change, altogether.

Recommendation: Planning staff recommends approving the proposed zone

change request from Ranch & Estate (R&E) to Single-Family Residential (RS-1). Planning Commission recommended approval of this request by a vote 4-1 on August 19, 2013.

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History and Background:

The property in question is located in the Poulter Highland Acres, Block 2, roughly 3 miles west of downtown. In late 2004, two zone change requests (Z04-10 and Z04-12) were made to effectively change the zoning of Lots 30 and 31 – each measuring around 2.5 acres – from Ranch & Estate (R&E) to Single-Family Residential (RS-1). Lot 31, which is subject to this request, was denied by Council because of issues stemming from the inadequate pavement width of Fisher Street, refer to the related October 2004 Council minutes below.

General Information

Existing Zoning: Ranch & Estate (R&E) Existing Land Use: A single-family detach residence, mostly open

space Surrounding Zoning/Land Use:

North: Ranch & Estate (R&E) and Single-Family Residential (RS-1)

Single-family detached residences, San Angelo Soccer Complex and San Angelo State Park

West: Single-Family Residential (RS-1), Ranch & Estate (R&E) and General Commercial (CG)

Single-family detached residences and areas of open space

South: Ranch & Estate (R&E) Open space, West Side Baptist Church and Houston Harte Expressway

East: Ranch & Estate (R&E) and General Commercial / Heavy Commercial (CG/CH)

Natural Resources Conservation Service (Zone Office), Rainbow Play Systems, Inc., David P. Dusek Construction, Exco Resources, Inc., detached residence and Stripes (gas station)

Thoroughfares/Streets: Fisher Street and Townview Lane are identified as

"local streets", designed to carry light neighborhood traffic at lower speeds and generally connects to collector streets.

Houston Harte Expressway is identified as a

"Freeway", designed to carry heavy traffic at high

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speeds. The roadway is void of traffic signals or stop signs to allow for a unobstructed, seamless flow.

Zoning History: This property was annexed into the city in March

of 1956. Applicable Regulations: Allowed uses for this property can be found in

Section 310 (Use Table) of the Zoning Ordinance Development Standards: Residential development standards are outlined in

Section 501 of the Zoning Ordinance. All required off-street parking and the

connection(s) to a public right-of-way are required to be paved.

Vision Plan Map: Neighborhood Related Comp Plan Excerpts: “Promote better transition between nearby

commercial and residential use of land and buildings.”

"Require a buffer separating commercial, industrial, or agricultural zoned lands from neighborhoods."

"Promote neighborhood diversity and security by encouraging a mix of age, income, and housing choices within San Angelo's neighborhoods."

"...encourage appropriate and supportive infill development at Neighborhood Centers."

"Establish transition areas to better "scale-down" intensity of use from commercial centers to neighborhoods."

"...this [access to Neighborhood Centers] is best achieved through clustered commercial centers, but also through increased access and connectivity between the neighborhoods and their associated Neighborhood Centers."

"...slowly reorganize commercial corridors into clusters..."

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"Create new physical connections to neighborhoods lined with transitional and intermediate uses."

Special Information

Traffic Concerns: Changing the zoning to a more intensive residential district has the potential to generate additional traffic than if the property remained as-is.

Parking Requirements: Vary depending upon the use of the property, see

Section 511 of the Zoning Ordinance. Parking Provided: Dwelling units require a minimum of 2 parking

spaces, per Section 511.B of the Zoning Ordinance.

Density: Surrounding tracts in the area vary from low to

medium-density residential and commercial. West Houston Harte Frontage Road provides opportunities for commercial development, within a block to the southeast of the property.

Notification Required: Yes Notifications Sent: 17

Responses in Favor: 2 Responses in Opposition: 1

Analysis:

In order to approve this zone change request, the City Council members are first required to consider the following criteria: 1. Compatible with Plans and Policies. Whether the proposed amendment is compatible

with the Comprehensive Plan and any other land use policies adopted by the Planning Commission or City Council.

2. Consistent with Zoning Ordinance. Whether and the extent to which the proposed amendment would conflict with any portion of this Zoning Ordinance.

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3. Compatible with Surrounding Area. Whether and the extent to which the proposed

amendment is compatible with existing and proposed uses surrounding the subject land and is the appropriate zoning district for the land.

4. Changed Conditions. Whether and the extent to which there are changed conditions that require an amendment.

5. Effect on Natural Environment. Whether and the extent to which the proposed amendment would result in significant adverse impacts on the natural environment, including but not limited to water and air quality, noise, storm water management, wildlife, vegetation, wetlands and the practical functioning of the natural environment.

6. Community Need. Whether and the extent to which the proposed amendment addresses a demonstrated community need.

7. Development Patterns. Whether and the extent to which the proposed amendment would result in a logical and orderly pattern of urban development in the community.

The staff recommendation is based upon the statements listed below. Staff believes that the zone change meets all of the criteria outlined, thus recommending approval of the change to Single-Family Residential (RS-1). The request is consistent with the city's plans and policies and aspects of the Vision Plan which envision an area within roughly 300 feet of the centerline of Fisher Street (to the east and west) and points north and south, to be designated as ‘Neighborhood’. The category ‘Neighborhood’ is compatible with districts that include RS-1, RS-2, RS-3 zoning. Roughly 150 feet west of the property, the Plan calls for 'Rural' development - this is the case for much of Block 2 of the Poulter Highland Acres. The site is approximately 400 feet south of the San Angelo State Park (approximately 7,700 acres) and San Angelo Soccer Complex, that is largely designed as 'Open Space'. The most common building type is single-family detached residences which varies from low to medium density. Approval of this request will likely introduce higher density residential development and is consistent with the intent of the Comprehensive Plan. The request is consistent with the Zoning Ordinance. A change to RS-1 zoning will continue to limit the principle land use to single-family detached housing. Under RS-1 zoning, the maximum (total) size of accessory structures is reduced from 100 percent to 50 percent or 600 square feet of the existing primary structure (whichever is greater). More significantly, a zone change from R&E to RS-1 means a reduction in the minimum lot size from an acre to 50’ x 100’. Some conditional uses allowed in the district include religious institutions, safety services and schools. The tract in question consists of a single lot and measures roughly 1.5 acres (511’ x 125’), which far exceeds

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the minimum lot size for RS-1 zoning. Conceivably, if the requested zone change is approved, several lots can be created for further development (which is staff's understanding as the intent for this request at this time). While the area largely reflects low density, single-family residential development – much of the lots to the west, along Townview Lane and Mercedes Avenue have been nearly equally subdivided with a common size of around 1.4 acres. Residences have been developed on the large size tracts, and in some instances, adjacent parcels with a common ownership have been entirely preserved as open space. Across the street, along Fisher Street, 9 lots were rezoned to RS-1 back in 2004. As a result, the lots are allowed to be much smaller – each measure roughly 60 feet x 122 feet. The area to the has recently become more dense with the development of new homes constructed on about 7 out of the 9 subdivided lots (the 2009 aerials in the attachment section below does not fully capture recent development in the area). Just east of the RS-1 zoned lots are several commercial businesses in General Commercial (CG) and General Commercial / Heavy Commercial (CG/CH) zoned areas along West Houston Harte Frontage Road. It is important to note that much of Block 2 is primarily zoned R&E, particularly west of Fisher Road. South of the subject property is a church and a few vacant residential properties. The southern portion of Block 3, north of Arden Road, is zoned CG/CH (from points east of the intersection with Glenna Street to the edge of the city-limits to the far west). RS-2, RM-1 or RM-2 zoning are not suitable for the area, given elements of the site and built environment. The street pavement width for Fisher Street is approximately 36 feet - 4 feet shy of the minimum requirement for a local street. If the tract is further subdivided, the owner of the property will be held responsible for any street improvements or public dedication of land (or right-of-way). The elongated configuration of the lot, 511' x 125’, severely limits the construction of multiple apartments – allowed in RM-1 and RM-2 zoning – on the property. As such, if a increase of intensity is sought by the property owner, RS-1 zoning is the most practical fit given the characteristics and features of the area; more intensive residential uses would not create or promote a buffering effect on the more sprawling, lower density established development west of this property.

This request represents changed conditions to the current Ordinance, in that, RS-1 zoning allows for higher density development as a result of reductions in the minimum lot size for the district. The proposed zoning will allow for the tract to be further subdivided into smaller lots. In addition, the required setbacks is reduced, to a 25 foot front yard, 20 foot rear year and 5 foot side yard, refer to 501.A. of the Zoning Ordinance. The request is consistent with the Vision Plan of the Comprehensive Plan which calls for ‘Neighborhood’ development, which will not require an amendment to the map.

Staff expects that the proposed zone change will have minimal negative impacts on the natural environment. The change will provide opportunities for higher density

8

development, the change zoning is not significant. Much of the site remains vacant, open space – very little trees or other vegetation exists on the tract (although there is a small concentration of bushes along the northern portion of the site). Staff finds that further development will not impact the environment in any substantial way. The requested zoning represents a community need. The proposed zoning is the most common residential district within the city and this request will provide opportunities for further land development along Fisher Street. From an ecological standpoint, this request inherently seeks to develop within an established area of the city rather than carving out large, sprawling tracts along the city’s outer edge. It takes advantage of an area that is somewhat developed (with all infrastructure available), and with recent growth, has been transitioning more into an established residential neighborhood. Economically, this request provides opportunities for higher density residential development that will place less strain on the city’s ability to provide essential services, compared to sprawling development along the edge of town. Staff finds that the proposed zone change represents local and orderly development. RS-1 is ideal for the subject area for various reasons. Presently, a more intensive, RS-1 zoning exists just across the street. Fisher Street stretches slightly less than 900 feet and much of street is developing into an established neighborhood - in the past couple of years several homes have been developed on subdivided lots, east of the street. Moreover, given the fact that RS-1 zoning already exists directly across the street – this change creates a ‘mirror effect’, continuing the RS-1 zoning to the site represents logical development. The vantage looking north along the street, one can see a visually stark difference between the developed lots (to the east) and the vast open space of the subject lot. If this request is granted, the properties along Fisher Street will serve as an area of transition to the large, less dense tracts to the west. Approval of this request will provide higher intensive residential zoning that allows for smaller lot sizes and ensures consistent development along the street.

Proposed Conditions

N/A

9

Attachments: Excerpt from zoning map, showing the general location within

the City of San Angelo; Excerpt from zoning map, highlighting subject property; Aerial photo, highlighting subject property; Excerpt from the comprehensive plan vision map highlighting

the subject property; Excerpt of the favor/opposition notification map; Approval of Z 04-10 and denial of Z 04-12 (subject area),

previous zone changes in the area (October 2004); Approved minutes from Z 04-10 and Z 04-12 (October 2004). Citizen Response; Draft minutes from 08/19/13 Planning Commission meeting;

and Draft Ordinance.

Presentation: Kevin Boyd, Planner

Reviewed by: Jeff Hintz, Interim Senior Planner (08/08/13)

VII. Requests for Zone Change. [Planning Commission makes recommendation; City Council has final authority for approval.]

A. Z 13-25: Efraim and Lupe Puente A request for approval of a zone change from Ranch & Estate (R&E) to Single-

Family Residential (RS-1) to allow for household living as defined in Section 313.B of the Zoning Ordinance, on the following property:

801 Fisher Street, located at the northwest corner of the intersection of Townview

Lane and Fisher Street; more specifically occupying the Porter Highland Acres, Block 2, Except N 350' of W 122.9' and S 25' of Lot 30, in western San Angelo.

Kevin Boyd, Planner, came forward to present this request, consistent with the staff recommendation of approval. Seventeen notices were sent and two were received in favor at the time of the meeting and one was received in opposition. Mr. Boyd went over some photos and maps of the area, to familiarize the commission with the subject property. The criteria mandated of the request was discussed by Mr. Boyd and at the conclusion of the presentation Mr. Boyd offered to answer any questions. Ms. Jones asked about spot zoning of this property is this request were to be approved. Mr. Boyd and Mr. Hintz went over the zoning in the current area and the consistency with the Comprehensive Plan. There is also an RS-1 zoning designation directly across the street from the property subject to this request. Mr. Farmer stated that he was on the steering committee for the Comprehensive Plan and that this type of infill development was encouraged as a way to develop without taxing infrastructure and growing the community further out. There was some general discussion of utilities available in this area as well. Allen Eckert, a property owner nearby came forward to speak in opposition of the request and stated he was property owner 5 on the map that was presented to the commission. He had also written in a letter of opposition as well. Concern about traffic and backups in the area and on street parking was also discussed generally with the Commission. There was some general concern about notifications to property owners in the area. Mr. Boyd an Mr. Hintz clarified that the most recent tax roll available to staff was used to generate the notification list, and that owners of property were notified, people renting or people who recently transacted property may not be reflected at this time. Mr. Boyd clarified that sign was placed with the Planning Division's number on it and the Members of the Commission confirmed that the signage was still there as of the weekend. Jay Hoover, a property owner nearby came forward to speak in opposition, and stated he was property owner number 9 on the map and had also attempted to fax in a letter but had also mailed this letter in. Mr. Hoover had some concerns about animals on nearby Ranch & Estate Zoned properties as well as traffic and parking concerns.

Mr. Puente, the owner of the property to be rezoned, came forward to speak in favor of the request and stated that he liked the newer development across the street and felt this type of development on his property would be appropriate given the development already in place for the area. Steve Floyd came forward to speak in favor of the request and also has a contract to purchase the property if the zoning is changed. He also plans to live in this area and will seek a subdivision on the property. This subdivision would also include street improvements, curbing, and any extensions of mains as well. Wes Mccaden came forward to speak on the request, he is the owner of property 11 on the map presented to the commission. His concern was that if this property was subdivided a fence could be build which would possibly obstruct his view from the property he owns. Some general discussion about the subdivision process took place and it was confirmed that street improvements would be required at the time if the property was ever subdivided to introduce further growth into the area. Motion to approve as presented was made by Bill Wynne and seconded by Sammy Farmer. The motion passed 4-1 with Darlene Jones voting in opposition.

AN ORDINANCE AMENDING CHAPTER 12, EXHIBIT “A” OF THE CODE OF ORDINANCES, CITY OF SAN ANGELO, TEXAS, WHICH SAID EXHIBIT “A” OF CHAPTER 12 ADOPTS ZONING REGULATIONS, USE DISTRICTS AND A ZONING MAP, IN ACCORDANCE WITH A COMPREHENSIVE PLAN, BY CHANGING THE ZONING AND CLASSIFICATION OF THE FOLLOWING PROPERTY, TO WIT: 801 Fisher Street, located at the northwest corner of the intersection of Townview Lane and Fisher Street. This property specifically occupies the Porter Highland Acres, Block 2, Except N 350' of W 122.9' and S 25' of Lot 30, in western San Angelo, changing the zoning classification from Ranch & Estate (R&E) to Single-Family Residential (RS-1) District; PROVIDING FOR SEVERABILITY AND PROVIDING A PENALTY

RE: Z 13-25: Efraim and Lupe Puente

WHEREAS, the Planning Commission for the City of San Angelo and the governing

body for the City of San Angelo, in compliance with the charter and the state law with reference to zoning regulations and a zoning map, have given requisite notice by publication and otherwise, and after holding hearings and affording a full and fair hearing to all property owners and persons interested, generally, and to persons situated in the affected area and in the vicinity thereof, is of the opinion that zoning changes should be made as set out herein; NOW THEREFORE,

BE IT ORDAINED BY THE CITY OF SAN ANGELO:

SECTION 1: That the basic zoning ordinance for the City of San Angelo, as enacted

by the governing body for the City of San Angelo on January 4, 2000 and included within Chapter 12 of the Code of Ordinances for the City of San Angelo, be and the same is hereby amended insofar as the property hereinafter set forth, and said ordinance generally and the zoning map shall be amended insofar as the property hereinafter described: 801 Fisher Street, located at the northwest corner of the intersection of Townview Lane and Fisher Street. This property specifically occupies the Porter Highland Acres, Block 2, Except N 350' of W 122.9' and S 25' of Lot 30, in western San Angelo, shall henceforth be permanently zoned as follows: Single-Family Residential (RS-1) District.

The Director of Planning is hereby directed to correct zoning district maps in the office of the Director of Planning, to reflect the herein described changes in zoning.

SECTION 2: That in all other respects, the use of the hereinabove described

property shall be subject to all applicable regulations contained in Chapter 12 of the Code of Ordinances for the City of San Angelo, as amended.

SECTION 3: That the following severability clause is adopted with this amendment: SEVERABILITY:

The terms and provisions of this Ordinance shall be deemed to be severable in that, if any portion of this Ordinance shall be declared to be invalid, the same shall not affect the validity of the other provisions of this Ordinance.

SECTION 4: That the following penalty clause is adopted with this amendment:

PENALTY: Any person who violates any provisions of this article shall be guilty of a misdemeanor and, upon conviction, shall be subject to a fine as provided for in Section 1.106 of the Code of Ordinances for the City of San Angelo. Each day of such violation shall constitute a separate offense.

INTRODUCED on the 3th day of September, 2013 and finally PASSED, APPROVED AND ADOPTED on this the 17th day of September, 2013.


____________________________________

Dwain Morrison, Mayor

ATTEST:

________________________________ Alicia Ramirez, City Clerk

Approved As To Content: Approved As To Form: _________________________ ________________________ AJ Fawver, Planning Manager Lysia H. Bowling, City Attorney

City of San

Angelo

Memo



From: Jeff Hintz, Interim Senior Planner

Subject: A request to abandon a segment of alley right-of-way on the following

property:

Property: An approximately 20 foot wide x 450 foot long portion of alley running

east to west, perpendicular to Holcomb Street located between Cornick's Addition, Block 2 and immediately north of Lots 8-11 and south of the Baptist Memorials Geriatric Addition, Section 2, Block 2, Lot 1 in north-central San Angelo.

Purpose: Approval of this request would abandon the alleyway.

Contacts: Quinda Feil-Duncan, Baptist Memorial 655-7391

Jeff Hintz, Interim Senior Planner 657-4210

Caption: First Public Hearing and consideration of introduction of an

Ordinance authorizing abandonment of public right-of-way between Cornick's Addition, Block 2 and immediately north of Lots 8-11 and south of the Baptist Memorials Geriatric Addition, Section 2, Block 2, Lot 1 in north-central San Angelo.

AN ORDINANCE PROVIDING FOR THE ABANDONMENT AND

CLOSING OF THE FOLLOWING STREET SEGMENT, TO WIT: An approximately 20 foot wide x 450 foot long portion of alley running east to west, perpendicular to Holcomb Street located between Cornick's Addition, Block 2 and immediately north of Lots 8-11 and south of the Baptist Memorials Geriatric Addition, Section 2, Block 2, Lot 1 in north-central San Angelo; AUTHORIZING THE CONVEYANCE THEREOF TO THE ABUTTING PROPERTY OWNERS; PROVIDING FOR THE TERMS AND CONDITIONS OF ABANDONMENT AND CONVEYANCE; AND PROVIDING FOR THE MAYOR TO EXECUTE AND DELIVER A QUIT CLAIM DEED TO THE ABUTTING PROPERTY OWNERS


(1) Approve the proposed abandonment;

(2) Modify the abandonment conditions to those believed to be more appropriate; or (3) Deny of the proposed abandonment.

Recommendation: City staff recommends approving the proposed abandonment,

subject to conditions outlined in this staff report. Planning Commission recommended approval of this request, subject to conditions by a vote of 6-0 at the August 19, 2013 meeting.


General Information

Existing Zoning: Two-Family Residential (RS-2) Existing Land Use: Alley lies between vacant property and retirement

community. Surrounding Zoning/Land Use:

North: RS-2 Retirement Community

West: RS-2 Vacant property

South: RS-2 Vacant property East: RS-2 Church

Storm Water/Drainage: Any drainage issues will be incorporated into the

storm water drainage study required with the plat of Baptist Retirement Community AL-MC Houses, Section 1.

Topography: Abandonment of the right-of-way is not expected

to generate any elevation problems or issues. Water/Sewer Utilities: Requires a 20' open and unobstructed utility

easement be reserved across this alleyway to provide future access to facilities.

Fire Protection: No Fire Access issues are expected to be

generated as a result of this abandonment. Final access to the site will be determined in site plan and permitting process.

Access Management: No access management issues are anticipated as

a result of this abandonment.



Special Information

Private Utilities: AEP and Atmos will require a 20' open and

unobstructed utility easement to be located where this alleyway currently sits. This has been brought to the attention of the applicant so the easement be reserved on the proposed plat of the Baptist Memorials Retirement Center AL-MC Houses, Section 1.

Traffic Concerns: Traffic patterns for this area should remain unaffected. This

portion of alley has effectively serves Baptist Memorials property. Through the closure, Baptist Memorials will still maintain access to the alleyway at their discretion as property owners on both adjacent sides of the alleyway. Given the requirement of an open and unobstructed easement, this property to be abandoned will remain as is for the most part.

Rationale for staff's recommendation:

This unimproved alleyway is adjacent to properties owned by the Baptist Memorials Retirement facility and does not access other properties for the segment that is proposed to be abandoned. At this time, Atmos, AEP, and a City maintained facilities run through this alleyway. There is no concern in closing this alleyway as it is currently underutilized. The condition listed below ensures that the facilities in place by these utilities will still be able to be maintained, yet will allow the retirement facility to maintain private ownership and control of this alleyway. The unimproved status of the alleyway and general lack of development in the area also aid in staff's recommendation. Abandoning this alleyway for the project on this series of property is the final step for Baptist Memorials Retirement Center to combine a series of properties into one lot for the purposes of building an assisted living facility in this area. This request essentially seeks to tie all the property into this area into one conglomerate with no public right-of-ways in between. Since all parties will have their concerns addressed, and there are no access issues created for this property or others nearby, staff recommends approval of the request subject to the condition listed below.

Proposed Conditions

1. Reservation of a 20' open and unobstructed utility easement (where the alleyway currently runs) to serve AEP, Atmos, and Water Utilities access to maintain

existing facilities. This reservation of easement shall take place on the Baptist Retirement Community AL-MC Houses, Section One Plat document.

Attachments: excerpt from zoning map, showing the general location within

the City of San Angelo; excerpt from zoning map, highlighting subject property; aerial photo, highlighting subject property; excerpt of original plat of the Cornick Addition; draft minute excerpt from August 19, 2013 Planning

Commission meeting; and draft ordinance.

Presentation: AJ Fawver, Interim Director of Development Services.

3. Requests for Right-of-Way Abandonment. [Planning Commission makes recommendation; City Council has final authority for approval.]

A. Alleyway north of Cornick Addition Block 2, Lots 8-11

A request to abandon a segment of alley right-of-way on the following property: An approximately 20 foot wide x 450 foot long portion of alley running east to west, perpendicular to Holcomb Street located between Cornick's Addition, Block 2 and immediately north of Lots 8-11 and south of the Baptist Memorials Geriatric Addition, Section 2, Block 2, Lot 1 in north-central San Angelo.

Item 3 was requested to be pulled from the Consent Agenda for discussion by the group. Jeff Hintz, Interim Senior Planner, came forward to present Item 3 from the Consent Agenda, subject to the staff recommendation of approval. There were seven notices sent out, with zero returned in favor or in opposition to the request. Mr. Hintz explained that all internal departments, as well as external utilities, are approached for their comments on the proposal. In this request, there were no comments from these parties received in opposition to the proposal. There is one condition staff would suggest for approval, requiring the utility easement to be reserved. Dennis Reed came forward to speak on this request. He provided three pictures to the Commission members for their discussion. He explained that he is in attendance to speak in opposition to this request. They feel that this would create access issues for the nearby church, which he is affiliated with. Russell Gully, representing the applicant, came forward to speak on this matter, and explaining that the existing alley is largely inaccessible because they are putting in a fully-improved hammerhead turnaround for fire & emergency vehicle purposes. The applicant will improve the alley as a drive approach. There was a requirement in the fire code for a fire lane to wrap around the property and the hammerhead turnaround meets those code requirements. Darlene Jones asked a question of staff regarding the conditions. Motion, by Valerie Priess to approve as presented, and seconded by Teri Jackson, was approved unanimously, 6-0.

AN ORDINANCE PROVIDING FOR THE ABANDONMENT AND CLOSING OF THE FOLLOWING ALLEY, TO WIT: An approximately 20 foot wide x 450 foot long portion of alley running east to west, perpendicular to Holcomb Street located between Cornick's Addition, Block 2 and immediately north of Lots 8-11 and south of the Baptist Memorials Geriatric Addition, Section 2, Block 2, Lot 1 in north-central San Angelo; AUTHORIZING THE CONVEYANCE THEREOF TO THE ABUTTING PROPERTY OWNERS; PROVIDING FOR THE TERMS AND CONDITIONS OF ABANDONMENT AND CONVEYANCE; AND PROVIDING FOR THE MAYOR TO EXECUTE AND DELIEVER A QUIT CLAIM DEED TO THE ABUTTING PROPERTY OWNERS

RE: abandonment of a public right-of-way being a portion of an alley in Block 2, of Cornick's Addition, running perpendicular to Holcomb Street and south of Baptist Memorials Geriatric Addition, Section 2, Block 2, Lot 1.

WHEREAS, the City Council of the City of San Angelo, Texas, acting pursuant to law, deems it advisable to abandon and convey the hereinafter described tract of land to the abutting property owner and is of the opinion that said land is not needed for public use, and that same should be abandoned and quit claimed to the abutting property owner as hereinafter provided; and WHEREAS, the City Council of the City of San Angelo, Texas is of the opinion that the best interest and welfare of the public will be served by abandoning and conveying same to the abutting property owner, subject to conditions and restrictions contained herein; NOW, THEREFORE, BE IT ORDAINED BY CITY COUNCIL OF THE CITY OF SAN ANGELO: 1. That the following described tract in the City of San Angelo, Tom Green County,

Texas be and the same is hereby abandoned, vacated and closed insofar as the right, title and easement of the public are concerned; subject, however, to the conditions and restrictions hereinafter more fully set out:

BEING the entire 20-foot width and 450-foot length of right-of-way for a public alley

dedicated immediately south Baptist Memorials Geriatric Addition, Section 2, Block 2, Lot 1, which said alley is described more particularly as follows:

BEGINNING at a point on northeast corner of the Cornick Addition, Block 2, Lot 11; THENCE in a northerly direction a distance of 20 feet; THENCE in a westerly direction a distance of 450 feet; THENCE in a southerly direction a distance of 20 feet; THENCE in an easterly direction a distance of 450 feet to the POINT OF BEGINNING.

2. That the abandonment and conveyance provided for herein is made and accepted

subject to all present zoning and deed restrictions, if the latter exist, and all existing easements, if any, whether apparent or non-apparent, aerial, surface, underground or otherwise.

3. That the abandonment and conveyance provided for herein shall extend only to the

public right, title, easement and interest and shall be construed to extend only to the interest which the governing body for the City of San Angelo may legally and lawfully abandon and vacate.

4. That the Mayor of the City of San Angelo is hereby authorized to execute and deliver

a quit claim deed conveying the above-described tract to the abutting property owner.

5. That the terms and conditions contained in this ordinance shall be binding upon

Grantees and assigns. 6. That the Grantees shall pay all reasonable costs associated with procedures

necessitated by the request to abandon this public right-of-way. INTRODUCED on the 3rd day of September, 2013 and finally PASSED, APPROVED AND ADOPTED ON this the 17th day of September, 2013. CITY OF SAN ANGELO, TEXAS ATTEST: by: ______________________________ by: ______________________________

Dwain Morrison, Mayor Alicia Ramirez, City Clerk


City of San

Angelo

Memo



From: Roxanne Johnston, Planner

Subject: Z 13-26: Mills Development, Inc. A request for approval of a

zone change from Ranch & Estate (R&E) to Single-Family Residential (RS-1) to specifically allow for household living as defined in Section 313.B of the Zoning Ordinance on the following property:

Location: An unaddressed tract occupying a 24.484 tract extending

northwest from Mills Pass Drive and located directly west of an 8.995 acre tract annexed to the City Limits on March 5, 2013 that comprises the Prestonwood Addition, Section Two, in southwest San Angelo.

Purpose: Approval of this zone change request by City Council would

zone property as a Single-Family Residential (RS-1) Zoning District.

Contacts: Rocky Templin, Developer 325-944-1174

Roxanne Johnston, Planner 325-657-4210

Caption: First Public Hearing and consideration of introduction of an

Ordinance amending Chapter 12, Exhibit “A” (Zoning Ordinance) of the Code of Ordinances, City of San Angelo

Z 13-26: Mills Development, Inc.

AN ORDINANCE AMENDING CHAPTER 12, EXHIBIT “A” OF THE CODE OF ORDINANCES, CITY OF SAN ANGELO, TEXAS, WHICH SAID EXHIBIT “A” OF CHAPTER 12 ADOPTS ZONING REGULATIONS, USE DISTRICTS AND A ZONING MAP, IN ACCORDANCE

WITH A COMPREHENSIVE PLAN, BY CHANGING THE ZONING AND CLASSIFICATION OF THE FOLLOWING PROPERTY, TO WIT: An unaddressed tract occupying a 24.484 tract extending northwest from Mills Pass Drive and located directly west of an 8.995 acre tract annexed to the City Limits on March 5, 2013 that comprises the Prestonwood Addition, Section Two, in southwest San Angelo, changing the zoning classification from a Ranch & Estate (R&E) to a Single-Family Residential (RS-1) District; PROVIDING FOR SEVERABILITY AND PROVIDING A PENALTY


(1) Approve the proposed zone change;

(2) Remand the application back to Planning Commission for further discussion,

in which case another public hearing will need to be scheduled; or (3) Deny the proposed zone change.

Recommendation: Planning staff recommends approving the proposed

zoning classification to Single-Family Residential (RS-1). Planning Commission unanimously recommended approval of this request by a vote of 5-0 on August 19, 2013.


This property was recently annexed into the City limits on August 6, 2013 after two public hearings for comment for/or against annexation were held in addition to the introduction and approval of an ordinance and a service plan for the area. It is located directly west of another recently annexed property which was zoned RS-1 on April 16, 2013. In anticipation of this zone change request, the applicant submitted three subdivision requests for the August 19, 2013 meeting of the Planning Commission. These requests were unanimously approved by the Commission, and are extensions of the Prestonwood Addition, Section 1, recorded on July 18, 2008, and Section 1B, recorded on April 27, 2009, by the Tom Green County Clerk.

General Information

Existing Zoning: Ranch & Estate (R&E) Existing Land Use: Vacant, undeveloped property Surrounding Zoning/Land Use:

North: CG John Deere South Plain Implements

West: Un-zoned Un-annexed & un-developed property

South: RS-1/un-zoned Single-family residences, vacant property

East: RS-1 Development of single-family residences

Thoroughfares/Streets: Pinion Ridge is defined as a “collector

street” and is designed to provide direct access to residential, commercial and other land uses.

Mills Pass Drive and the proposed

extensions and placement of Kensington Creek, Huntleigh Drive and Willeke Drive are defined as "Local Streets" and are designed to carry light neighborhood traffic at lower speeds and generally connect to collector streets.

Zoning History: Newly annexed property is zoned Ranch &

Estate (R&E) by default as called for in Section 303.A of the Zoning Ordinance. This property has no previous zoning history.

Applicable Regulations: Allowed uses for this property can be

found in Section 310 (Use Table) of the Zoning Ordinance.

Development Standards: Section 501 of the Zoning Ordinance

covers general development standards for the property.

Minimum Lot Area – 5,000 sq ft Minimum Lot Dimensions – 50x100 Minimum Front Yard – 25 ft Minimum Side Yard – 5 ft Minimum Rear Yard – 20 ft Maximum Floor Area Ratio – 0.4 (40%) Maximum Height – 35 ft

Vision Plan Map: Neighborhood Related Comp Plan Excerpts: “Create new physical connections to

neighborhoods lined with transitional and intermediate uses."

"Promote neighborhood diversity and security by encouraging a mix of age, income, and housing choices within San Angelo's neighborhoods.”

“All residents within each neighborhood boundary should be able to meet their daily needs within a reasonable and accessible distance from their home.” "Variety of residential product types -multi-family, townhomes, courtyard homes, patio homes, etc." "Coordinate with San Angelo Independent School District (SAISD) to improve walkability and connections between neighborhoods and nearby schools."

Special Information

Traffic Concerns: Changing the zoning from a very low density residential zone requiring one acre lots to a zoning classification that allows for lots that are 5,000 square feet will most likely increase density and traffic impacts on the area. However, the access to collector and arterial streets will adequately handle this increased density.

Parking Requirements: Section 511 of the Zoning Ordinance

covers parking improvement standards and amounts. One and two family dwellings require 2 off-street parking spaces per dwelling unit.

Parking Provided: The property is undeveloped at this time.

Parking spaces will be required to be provided as housing units are constructed.

Density: This general area is of low density

residential and vast acreages of undeveloped property.



Analysis:

In order to approve this Zone Change request, the City Council members are first required to consider the following criteria: 1. Compatible with Plans and Policies. Whether the proposed amendment is

compatible with the Comprehensive Plan and any other land use policies adopted by the Planning Commission or City Council.

2. Consistent with Zoning Ordinance. Whether and the extent to which the proposed amendment would conflict with any portion of this Zoning Ordinance.

3. Compatible with Surrounding Area. Whether and the extent to which the proposed amendment is compatible with existing and proposed uses surrounding the subject land and is the appropriate zoning district for the land.

4. Changed Conditions. Whether and the extent to which there are changed conditions that require an amendment.

5. Effect on Natural Environment. Whether and the extent to which the proposed amendment would result in significant adverse impacts on the natural environment, including but not limited to water and air quality, noise, storm water management, wildlife, vegetation, wetlands and the practical functioning of the natural environment.

6. Community Need. Whether and the extent to which the proposed amendment addresses a demonstrated community need.

7. Development Patterns. Whether and the extent to which the proposed amendment would result in a logical and orderly pattern of urban development in the community.

The staff recommendation is based upon the statements listed below. Staff finds this zone change request to be both consistent with plans and policies adopted by the City and also with the Zoning Ordinance. For example, the goal of

the Comprehensive Plan is to guide community growth in a sustainable way providing opportunities for growth both now and in the future. Although development of low density, single-family detached neighborhoods is not ideal along major thoroughfares such as Sherwood Way, quick access to them are. This area is buffered from the highly trafficked Sherwood Way (US Highway 67) and offers potential residents quick access to the core of the city by access to Loop 306. Additionally, this area is located near shopping, medical and emergency facilities, and a public school, which is both practical and optimal for this type of development. Another way this zone change request is consistent to the Comprehensive Plan for this area of the community is because it is occurring next to similar development and away from incompatibly zoned areas. Additionally, this request will aid in the steady predictable patterns of growth present already within this portion of the community. This serves to illustrate one of the central intentions of the Zoning Ordinance, which is in place to ensure consistent predictable growth across all segments of the community, both now and in the future. Staff found this request to be compatible with the surrounding area. The current trend and envisioned growth through the Vision Plan for this area is as "Neighborhood" and would require no amendment should this request be approved. Consequently, neighborhood growth has progressed relatively quickly, but more importantly, also thoughtfully. RS-1 lots are substantially smaller in size than the 1 or more acre lots that are required with R&E zoning. The proposed subdivisions that tie into the existing development thereby establishing single-family home sites are consistent with anticipated growth and development patterns the area is currently experiencing. As a result, the smaller lot sizes will allow for greater area density and thus add to the pedestrian experience. For example, families with children who locate in the area may enjoy walking to and from a nearby school which not only saves natural resources and minimizes area traffic, but also provides exercise. Safe, pedestrian oriented neighborhoods are a yet another goal of the City’s Comprehensive Plan which further illustrates that this request for RS-1 zoning is certainly along those lines. Staff anticipates environmental changes as development takes place, given the current undeveloped status of the site now and notes that any future development will have some impact on the environment. Although R&E zoning typically incurs the least amount of impact on a property, RS-1 is also a very low impact type of zoning when compared to other more dense residential zoning categories and commercial designations. This isolated location from the highway will provide a relatively quiet area for the future development of home sites. Therefore, staff does not anticipate any adverse environmental impacts from this zone change and subsequent proposed development.

The community has been growing in a steady fashion for the past decade. With recent technological advancements in the extraction of natural resources in the area, there is a demand for more housing opportunities to house individuals and families working in this field. One component of this demand for housing options is single-family residences, however it should also be noted townhomes, duplexes, patio homes, and apartments are also choices that are viable within a neighborhood envisioned area of the Vision Plan and also have the ability to fill this demand. Given the current development patterns of this area, staff finds that RS-1 zoning is appropriate here and will help to fill a community need while ensuring that development patterns remain consistent. This area has access to thoroughfares capable of carrying future residents to and from home; the area is also located within a few miles of numerous retail opportunities that will help future residents meet their daily needs within a reasonable distance from home. This close proximity to commercial uses may also provide these retailers and businesses a steady potential employment base as well as customer base as the area continues to grow. Staff finds this request to be consistent with all seven criteria mandated of the request and therefore recommends approval of this zoning change for all the reasons mentioned within this report.

Proposed Conditions

N/A

Attachments: excerpt from zoning map, showing the general location

within the City of San Angelo; excerpt from zoning map, highlighting subject

property; aerial photo, highlighting subject property; excerpt from the comprehensive plan vision map

highlighting the subject property; excerpt of the favor/opposition notification map; citizen response letters; draft minutes from the 08/19/13 Planning Commission

Meeting; and draft ordinance.

Presentation: AJ Fawver, Interim Director of Development Services

Reviewed by: Jeff Hintz, Interim Senior Planner (8/08/2013)

MINUTE RECORD OF THE CITY OF SAN ANGELO PLANNING COMMISSION MEETING HELD ON MONDAY, AUGUST 19, 2013 AT 9:00 AM IN THE SOUTH MEETING ROOM OF THE SAN ANGELO CONVENTION CENTER, 500 RIO CONCHO DRIVE, SAN ANGELO, TEXAS

PRESENT: Teri Jackson, Mark Crisp, Valerie Priess, Darlene Jones, Bill Wynne,

Sammy Farmer

ABSENT: Ryan Smith (resigned) STAFF: AJ Fawver, Interim Director of Development Services Jeff Hintz, Interim Senior Planner Kevin Boyd, Planner Roxanne Johnston, Planner

B. Z 13-26: Mills Development A request for approval of a zone change from Ranch & Estate (R&E) to

Single-Family Residential (RS-1) to specifically allow for household living as defined in Section 313.B of the Zoning Ordinance, on the following property:

An unaddressed tract occupying a 24.484 tract extending northwest from

Mills Pass Drive and located directly west of an 8.995 acre tract annexed to the City Limits on March 5, 2013 that comprises the Prestonwood Addition, Section Two, in southwest San Angelo.

Roxanne Johnston, Planner, came forward to present this request, consistent with the staff recommendation of approval. Fourteen notices were sent and two were received in favor at the time of the meeting and none were received in opposition. Ms. Johnston went over some photos and maps of the area, to familiarize the commission with the subject property. The criteria mandated of the request was discussed and at the conclusion of the presentation she offered to answer any questions. There were no questions from the Commission and no one came forward to speak in favor or in opposition of the request. Motion to approve as presented was made by Bill Wynne and seconded by Mark Crisp. The motion passed 5-0.

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: An unaddressed tract occupying a 24.484 tract extending northwest from Mills Pass Drive and located directly west of an 8.995 acre tract annexed to the City Limits on March 5, 2013 that comprises the Prestonwood Addition, Section Two, in southwest San Angelo, changing the zoning classification from a Ranch & Estate (R&E) to a Single-Family Residential (RS-1) District; PROVIDING FOR SEVERABILITY AND PROVIDING A PENALTY

RE: Z 13-26: Mills Development, Inc. WHEREAS, the Planning Commission for the City of San Angelo and the governing

body for the City of San Angelo, in compliance with the charter and the state law with reference to zoning regulations and a zoning map, have given requisite notice by publication and otherwise, and after holding hearings and affording a full and fair hearing to all property owners and persons interested, generally, and to persons situated in the affected area and in the vicinity thereof, is of the opinion that zoning changes should be made as set out herein; NOW THEREFORE,

BE IT ORDAINED BY THE CITY OF SAN ANGELO:

SECTION 1: That the basic zoning ordinance for the City of San Angelo, as enacted

by the governing body for the City of San Angelo on January 4, 2000 and included within Chapter 12 of the Code of Ordinances for the City of San Angelo, be and the same is hereby amended insofar as the property hereinafter set forth, and said ordinance generally and the zoning map shall be amended insofar as the property hereinafter described: An unaddressed tract occupying a 24.484 tract extending northwest from Mills Pass Drive and located directly west of an 8.995 acre tract annexed to the City Limits on March 5, 2013 that comprises the Prestonwood Addition, Section Two, in southwest San Angelo shall henceforth be permanently zoned as follows: Single-Family Residential (RS-1) District.

The Director of Planning is hereby directed to correct zoning district maps in the office of the Director of Planning, to reflect the herein described changes in zoning.

SECTION 2: That in all other respects, the use of the hereinabove described

property shall be subject to all applicable regulations contained in Chapter 12 of the Code of Ordinances for the City of San Angelo, as amended.

SECTION 3: That the following severability clause is adopted with this amendment:

SEVERABILITY:

The terms and provisions of this Ordinance shall be deemed to be severable in that, if any portion of this Ordinance shall be declared to be invalid, the same shall not affect the validity of the other provisions of this Ordinance.

SECTION 4: That the following penalty clause is adopted with this amendment:

PENALTY: Any person who violates any provisions of this article shall be guilty of a misdemeanor and, upon conviction, shall be subject to a fine as provided for in Section 1.106 of the Code of Ordinances for the City of San Angelo. Each day of such violation shall constitute a separate offense.

INTRODUCED on the 3rd day of September, 2013 and finally PASSED, APPROVED AND ADOPTED on this the 17th day of September, 2013.


____________________________________

Dwain Morrison, Mayor

ATTEST:

________________________________ Alicia Ramirez, City Clerk





From: Morgan Chegwidden, Budget Manager

Subject: Agenda Item for August 20, 2013 Council Meeting

Contact: Morgan Chegwidden, Budget Manager, 653-6291


Discussion and consideration of matters related to the fiscal year 2013-2014 budget including:

a. First Public Hearing of a proposed property tax levy for the City of San Angelo for the 2013 tax year;

b. FIRST PUBLIC HEARING AND INTRODUCTION OF AN ORDINANCE OF THE CITY OF SAN ANGELO APPROVING AND ADOPTING THE BUDGET FOR THE FISCAL YEAR BEGINNING OCTOBER 1, 2013, AND ENDING SEPTEMBER 30, 2014; ADOPTING EMPLOYEE COMPENSATION SCHEDULES; PROVIDING FOR THE GENERAL APPROPRIATION OF FUNDS; RESERVING UNTO THE CITY COUNCIL THE AUTHORITY TO TRANSFER APPROPRIATIONS BUDGETED; RATIFYING TRANSFERS OF APPROPRIATIONS OCCURRING IN THE 2012-2013 FISCAL YEAR AND AMENDING THAT BUDGET ORDINANCE ACCORDINGLY; RESERVING UNTO THE CITY COUNCIL THE POWER, ONLY AS PERMITTED BY LAW, TO AMEND OR MAKE CHANGES IN THE BUDGET FOR MUNICIPAL PURPOSES; PROVIDING AUTHORITY FOR THE CITY MANAGER OR HIS DESIGNEE TO MAKE CERTAIN ADJUSTMENTS FROM TIME TO TIME IN OR BETWEEN BUDGETED ALLOCATIONS; AND, PROVIDING FOR FILING OF THE BUDGET

THIS BUDGET WILL RAISE MORE TOTAL PROPERTY TAXES THAN LAST YEAR’S BUDGET BY $711,686 (2.52%), AND OF THAT AMOUNT, $318,837 IS TAX REVENUE TO BE RAISED FROM NEW PROPERTY ADDED TO THE TAX ROLL THIS YEAR

c. Conduct a separate record vote to ratify the property tax increase of 2.52% as reflected in the newly adopted budget and place the adoption of this tax rate increase on the agenda for the September 3, 2013 regular meeting of the City Council as an action item.

Summary: Part A: This is the first public hearing on the proposed tax rate. A vote of record indicating the City Council will in fact levy a property tax was taken August 6, 2013. The proposed tax rate remains the same as the prior year’s tax rate of 0.781/$100 valuation; however, City Council will continue to discuss with staff and provide direction on whether to change the property tax rate for fiscal year 2013-2014. If the proposed tax rate is adopted, the rate per one hundred dollar ($100)

valuation of property subject to taxation in the City of San Angelo for the 2013-2014 fiscal year will be applied as follows:

i. To pay annual interest and maturities and create a sinking fund to discharge outstanding bonded indebtedness of the City of San Angelo $0.08000

ii. For the purposes of maintenance and operations in the

General Fund $0.70100 The total tax rate for the aforementioned purposes is: $0.78100

Part B: This is the first public hearing and introduction of the budget ordinance for the fiscal year beginning October 1, 2013 and ending September 30, 2014. The ordinance appropriates funds for the 2013-2014 Fiscal Year (Exhibit A), and approves the Pay Schedule for all City employees (Exhibit B). It also determines and approves budget amendment authorizations for the City Council and the City Manager. Lastly, the ordinance authorizes the City Manager to apply for the grants listed in Exhibit C and execute any documents related to the grants, including agreements accepting those listed grants. Exhibits A (consolidated statement of funds) and B (pay plans) of the budget ordinance have not yet been approved and are pending further direction from Council and Management. History: Staff has discussed with Council the budget priorities, budget process, and proposed property tax rate of $0.7810/$100 valuation during June, July, and August 2013. City Council held a record vote to propose no more than $0.7810/$100 valuation on August 6, 2013. The proposed budget is based on the $0.7810/$100 valuation. Financial Impact: See the attached budget ordinance and related exhibits. Related Vision Item (if applicable): Financial Vision. Other Information/Recommendation: Staff recommends approval of the budget ordinance as presented. Attachments: Budget Ordinance and Exhibits A – C; Financial Summary for the 2013-2014

Budget Presentation: By Morgan Chegwidden, Budget Manager Publication: August 9, 2013 – Notice of Effective Tax Rate August 12, 2013 – Notice of Public Hearing on the City Budget informing the

citizens of the public hearings on August 20 and September 3, 2013. Reviewed by Director: Tina Bunnell, Finance Director

CITY OF SAN ANGELO NOTICE OF PUBLIC HEARING This budget will raise more total property taxes than last year’s budget by $711,686 (2.52%), and of that amount $330,840 is tax revenue to be raised from new property added to the tax roll this year. Notice is hereby given that the City Council of the City of San Angelo, Texas, will hold two public hearings on the proposed City Budget for the fiscal year beginning October 1, 2013, and ending September 30, 2014. The hearings will take place during regularly scheduled City Council sessions which will begin at 9:00 a.m., Tuesday, August 20, 2013, and September 3, 2013, at the McNease Convention Center, South Meeting Room, 500 Rio Concho Drive. The complete proposed budget may be examined on weekdays between 8:00 a.m. and 5:00 p.m. in the office of the City Clerk on the second floor of City Hall, 72 W. College Avenue.

City of San Angelo 72 W. College Ave. San Angelo, Texas 76903 Attention: Morgan Chegwidden, Budget Manager

AN ORDINANCE OF THE CITY OF SAN ANGELO APPROVING AND ADOPTING THE BUDGET FOR THE FISCAL YEAR BEGINNING OCTOBER 1, 2013, AND ENDING SEPTEMBER 30, 2014; ADOPTING EMPLOYEE COMPENSATION SCHEDULES; PROVIDING FOR THE GENERAL APPROPRIATION OF FUNDS; RESERVING UNTO THE CITY COUNCIL THE AUTHORITY TO TRANSFER APPROPRIATIONS BUDGETED; RATIFYING TRANSFERS OF APPROPRIATIONS OCCURRING IN THE 2012-2013 FISCAL YEAR AND AMENDING THAT BUDGET ORDINANCE ACCORDINGLY; RESERVING UNTO THE CITY COUNCIL THE POWER, ONLY AS PERMITTED BY LAW, TO AMEND OR MAKE CHANGES IN THE BUDGET FOR MUNICIPAL PURPOSES; PROVIDING AUTHORITY FOR THE CITY MANAGER OR HIS DESIGNEE TO MAKE CERTAIN ADJUSTMENTS FROM TIME TO TIME IN OR BETWEEN BUDGETED ALLOCATIONS; AUTHORIZING THE CITY MANAGER OR HIS DESIGNEE TO APPLY FOR CERTAIN GRANTS AND EXECUTE ANY RELATED DOCUMENTS; AND, PROVIDING FOR FILING OF THE BUDGET.

WHEREAS, a budget for the fiscal year beginning October 1, 2013, and ending September 30, 2014, has been proposed and submitted by the City Manager to the City Council as required by law; and, WHEREAS, the proposed budget has been filed with the City Clerk and has been posted on the website for the City of San Angelo, for inspection by any person for more than fifteen (15) days immediately prior to the public hearing upon said budget and more than thirty (30) days prior to a tax levy for the fiscal year; and, WHEREAS, proper notice of public hearing upon this budget has been posted and published in accordance with applicable law; and, WHEREAS, the City Council has conducted the necessary public hearings as required by law; and, WHEREAS, after a full and final consideration of the financial condition and estimated revenues and proposed expenditures as set forth in the budget as filed and amended, it is the consensus of opinion of the Council that the budget as filed and amended should be approved. NOW THEREFORE, BE IT ORDAINED BY THE CITY OF SAN ANGELO, TEXAS, THAT:

SECTION 1 The facts and matters set forth in the preamble of this Ordinance are found to be true and correct.

SECTION 2 The proposed budget as filed with the City Clerk and as amended by the

City Council, for the fiscal year October 1, 2013, through September 30, 2014, (hereinafter the “Budget”) is hereby approved and adopted. A copy of the Budget, as amended, approved, and adopted, is attached hereto as Exhibit “A” and made a part hereof for all purposes.

SECTION 3 The Competitive Pay Plan Grade and Step Tables for Fire and Police Civil

Service employees and the Salary Ranges for all other City employees set forth in the Budget are attached hereto as Exhibit “B” and made a part hereof for all purposes. Employee compensation schedules that are in accordance with the Competitive Pay Plan and Grade Step Tables for Fire and Police Civil Service employees and the Salary Ranges for all other City employees as set forth are hereby authorized.

SECTION 4 By virtue of the adoption of the Budget, there are hereby appropriated out

of available cash funds and out of the general and special revenues of the City that will be received in the treasury during the course of the 2013-2014 fiscal year, the amounts set forth in the Budget for the purposes therein stated.

SECTION 5 The City Council reserves the authority to transfer appropriations budgeted

from one account or activity to another within the objects covered by the Budget. All transfers of appropriations budgeted from one account or activity to another within the objects of the budget for the fiscal year 2012-2013, are hereby ratified and the Budget Ordinance for fiscal year 2012-2013, heretofore enacted by the City Council, be, and the same is hereby, amended to the extent of such transfers for all purposes.

SECTION 6 The expenditures of the City shall be made in accordance with the

financial summaries included within the Budget approved by this ordinance provided however: 1. The City Council may, from time to time and as permitted by law, amend

this ordinance to authorize changes that increase or decrease the total appropriation of any fund or otherwise make changes in the budget for municipal purposes.

2. The City Manager or his designee is authorized to approve changes that

move budgeted amounts between accounts within a fund. 3. The City Manager is authorized to implement a “vacancy rate” which

allows him to freeze budgeted payroll sums associated with unfilled positions.

4. The City Manager is authorized to approve budget amendments that reduce

the total amount of budgeted revenues and expenditures in a fund. Under this authorization the reduction in budgeted expenditures must equal or exceed any reduction in budgeted revenues.

SECTION 7 Certain grants are identified in the Budget, and where possible estimated

revenues and expenditures are included as listed on Exhibit “C”, attached hereto and made a part hereof for all purposes. The City Manager or his designee is hereby authorized to apply for those grants and execute any related documents.

SECTION 8 The Budget as amended and adopted shall be filed with the City Clerk and

posted on the City’s website. The City Clerk is hereby directed to provide a certified copy of this

budget ordinance and the Budget as amended, approved and adopted to the County Clerk of Tom Green County for recording after final passage hereof. SECTION 9 Should any section, provision, clause, or word of this Ordinance be declared unconstitutional or invalid for any reason, the remainder of this ordinance shall not be affected thereby.

INTRODUCED on the day of , 2013, and finally PASSED,

APPROVED and ADOPTED on this the day of , 2013.

YES NO CITY OF SAN ANGELO, TEXAS Dwain Morrison, Mayor Rodney Fleming, SMD #1 Marty Self, SMD #2 Johnny Silvas, SMD #3 Don Vardeman, SMD #4 H.R. Wardlaw III, SMD #5 Charlotte Farmer, SMD #6 ATTEST: Alicia Ramirez, City Clerk

Approved as to Content Approved as to Form Tina Bunnell, Finance Director Lysia H. Bowling, City Attorney

Exhibit A(1 of 2)

Exhibit A (2 of 2)

Exhibit B (1 of 2)

Exhibit B (2 of 2)

City of San Angelo Budget Ordinance Exhibit C City Council authorized application for the following grants: 1115 Healthcare Transformation Waiver Atmos Energy Grant Bureau of Justice Assistance Edward Byrne Memorial Local Justice Assistance Grant Community Development Block Grant Emergency Food and Shelter Program Grant Emergency Management Performance Grant Environmental Health Service and Bureau of Regional Local Health Operations Grant Federal Aviation Administration Grants - Entitlements and Discretionary FTA New Freedom Program Gang Initiative Grant HOME Grant Office of Justice Programs Bulletproof Vest Partnership Public Health Emergency Preparedness Grant San Angelo Cultural Affairs Council Grant State Events Trust Fund Grant Texas Department of Transportation Routine Airport Maintenance Program Texas Department of Transportation Click It or Ticket Grant Title III C-1 (Congregate Nutrition Services) Transit and Transportation Planning Grants - Federal and State Women, Infant, and Children Grant

Exhibit C

NOTICE OF EFFECTIVE TAX RATE

2013 Property Tax Rates in CITY OF SAN ANGELO This notice concerns the 2013 property tax rates for CITY OF SAN ANGELO. It presents information about three tax rates. Last year's tax rate is the actual tax rate the taxing unit used to determine property taxes last year. This year's effective tax rate would impose the same total taxes as last year if you compare properties taxed in both years. This year's rollback tax rate is the highest tax rate the taxing unit can set before taxpayers start rollback procedures. In each case these rates are found by dividing the total amount of taxes by the tax base (the total value of taxable property) with adjustments as required by state law. The rates are given per $100 of property value. Last year's tax rate:

Last year's operating taxes $21,931,931 Last year's debt taxes $2,502,931

Last year's total taxes $24,434,862 Last year's tax base $3,128,663,485 Last year's total tax rate $0.78100/$100 This year's effective tax rate:

Last year's adjusted taxes (after subtracting taxes on lost property)

$24,086,076

÷ This year's adjusted tax base (after subtracting value of new property)

$3,253,759,193

=This year's effective tax rate $0.74025/$100 (Maximum rate unless unit publishes notices and holds hearings.)

This year's rollback tax rate: Last year's adjusted operating taxes (after subtracting taxes on lost property and adjusting for any transferred function, tax increment financing, state criminal justice mandate, and/or enhanced indigent healthcare expenditures)

$21,595,130

÷ This year's adjusted tax base $3,253,759,193 =This year's effective operating rate $0.66369/$100 x 1.08=this year's maximum operating rate $0.71679/$100 + This year's debt rate $0.04096/$100 = This year's total rollback rate $0.75775/$100








FIRST PUBLIC HEARING AND INTRODUCTION OF AN ORDINANCE LEVYING PROPERTY TAXES FOR THE CITY OF SAN ANGELO FOR THE 2013 TAX YEAR:

AN ORDINANCE FIXING AND LEVYING AD VALOREM TAXES FOR THE CURRENT TAX YEAR FOR THE USE AND SUPPORT OF THE MUNICIPAL GOVERNMENT OF THE CITY OF SAN ANGELO, TEXAS, FOR THE 2013-2014 BUDGET YEAR; PROVIDING FOR THE ASSESSMENT AND COLLECTION THEREOF; PROVIDING WHEN THE TAX SHALL BECOME DUE; PROVIDING WHEN THE TAX SHALL BECOME DELINQUENT; PROVIDING FOR EXEMPTIONS; PROVIDING FOR SEVERABILITY; PROVIDING FOR PUBLICATION ON THE CITY OPERATED WEB SITE; AND, PROVIDING FOR AN EFFECTIVE DATE.

Script: Consideration that the City Council moves to introduce the ordinance and that “the property tax rate be increased by the adoption of a tax rate of 0.776/$100, which is EFFECTIVELY a 4.75% percent increase in the tax rate.”

Summary: The proposed property tax rate of 0.776/$100 valuation is reduced ½ cent from the prior year’s tax rate. The projected tax revenue will be more than the revenue budgeted in the prior year by about $526,345 combined for both the General and Debt Service Funds. This year’s proposed tax rate does exceed the effective tax rate. We are required to move to adopt this ordinance to set the tax rate including the language about the “tax increase”. Although the proposed rate is ½ cent lower than last year’s property tax rate, the proposed rate is higher than the effective rate, which is a benchmark rate only. This was triggered by the City paying off a debt issue in fiscal year 2012-2013 and not yet issuing new debt as planned. The original schedule intended to issue debt in the summer of 2013 for the fire training center and police station. Since those projects are not yet ready to proceed and other projects also need to be considered, the debt issue was postponed and that portion of the tax will be utilized in fiscal year 2013-2014. If we had issued debt as planned, the effective tax rate would have been closer to $0.84/$100 valuation which is well over the proposed tax rate of $0.776/$100. Upon each one hundred dollar ($100) valuation of property subject to taxation in the City of San Angelo for the fiscal year 2013-2014, the property tax will be applied as follows:

(a) To pay annual interest and maturities and create a sinking fund to discharge outstanding bonded indebtedness of the City of San Angelo $0.0800

(b) For the purposes of maintenance and operations in the General Fund $0.6960

The total tax rate for the aforementioned purposes is: $0.7760 History: In fiscal year 2005, the City Council began an initiative to lower the property tax rate. The adoption of this tax levy ordinance would support this goal by implementing a rate of 0.776/$100 valuation. City Council held a record vote to propose no more than $0.7810/$100 valuation on August 6, 2013. Further discussion at the August 27, 2013 budget work shop yielded a desire to reduce this rate by ½ cent. This proposed ordinance is representative of that stipulation. Financial Impact: The tax rate as proposed above will generate the following revenues: Debt portion: $ 2,965,455 Maintenance & Operations portion: $25,799,455 Total: $28,764,910 Related Vision Item (if applicable): Financial Vision. Other Information/Recommendation: Staff recommends approval of the tax levy ordinance as presented. Attachments: Tax Levy Ordinance Presentation: By Morgan Chegwidden Publication: August 9, 2013 – Notice of Effective Tax Rate Reviewed by Director: Tina Bunnell, Finance Director








FIRST PUBLIC HEARING AND INTRODUCTION OF AN ORDINANCE LEVYING PROPERTY TAXES FOR THE CITY OF SAN ANGELO FOR THE 2013 TAX YEAR:

AN ORDINANCE FIXING AND LEVYING AD VALOREM TAXES FOR THE USE AND SUPPORT OF THE MUNICIPAL GOVERNMENT OF THE CITY OF SAN ANGELO, TEXAS, FOR THE 2013-2014 BUDGET YEAR; PROVIDING FOR THE ASSESSMENT AND COLLECTION THEREOF; PROVIDING WHEN THE TAX SHALL BECOME DUE; PROVIDING WHEN THE TAX SHALL BECOME DELINQUENT; PROVIDING FOR EXEMPTIONS; PROVIDING FOR SEVERABILITY; PROVIDING FOR PUBLICATION ON THE CITY OPERATED WEB SITE; AND, PROVIDING FOR AN EFFECTIVE DATE. Consideration that the City Council moves that “the property tax rate be set at...”

Summary: The proposed property tax rate will remain the same compared to the prior year’s tax rate. The projected tax revenue for the General Fund will be more than the revenue budgeted in the prior year by about $630,000. Upon each one hundred dollar ($100) valuation of property subject to taxation in the City of San Angelo for the fiscal year 2013-2014, the property tax will be applied as follows:

(a) To pay annual interest and maturities and create a sinking fund to discharge outstanding bonded indebtedness of the City of San Angelo $0.08000

(b) For the purposes of maintenance and operations in the General Fund $0.70100

The total tax rate for the aforementioned purposes is: $0.78100 History: City Council held a record vote to propose no more than $0.7810/$100 valuation on August 6, 2013.

Financial Impact: The tax rate as proposed above will generate the following revenues: Debt portion: $ 2,965,455 Maintenance & Operations portion: $25,984,796 Total: $28,950,251 Related Vision Item (if applicable): Financial Vision. Other Information/Recommendation: Staff recommends approval of the tax levy ordinance as presented. Attachments: Tax Levy Ordinance Presentation: By Morgan Chegwidden Publication: August 9, 2013 – Notice of Effective Tax Rate Reviewed by Director: Tina Bunnell, Finance Director

AN ORDINANCE FIXING AND LEVYING AD VALOREM TAXES FOR THE CURRENT TAX YEAR FOR THE USE AND SUPPORT OF THE MUNICIPAL GOVERNMENT OF THE CITY OF SAN ANGELO, TEXAS, FOR THE 2013-2014 BUDGET YEAR; PROVIDING FOR THE ASSESSMENT AND COLLECTION THEREOF; PROVIDING WHEN THE TAX SHALL BECOME DUE; PROVIDING WHEN THE TAX SHALL BECOME DELINQUENT; PROVIDING FOR EXEMPTIONS; PROVIDING FOR SEVERABILITY; PROVIDING FOR PUBLICATION ON THE CITY OPERATED WEB SITE; AND, PROVIDING FOR AN EFFECTIVE DATE.

WHEREAS, the City Charter for the City of San Angelo provides that the City Council at its first meeting in September of each year, or as soon thereafter as practicable, shall levy the annual tax for such year; and, WHEREAS, Section 26.05 of the Texas Tax Code requires that the City of San Angelo, Texas, adopt a tax rate for the current tax year by September 30, 2013; and, WHEREAS, the City Council finds that all public notices have been given and published as required by law for fixing and levying the ad valorem taxes; and, WHEREAS, the City Council further finds that the taxes for the fiscal year beginning October 1, 2013, and ending September 30, 2014, hereinafter levied therefore are necessary to pay interest and maturities and create a sinking fund to discharge outstanding bonded indebtedness of the City; and, WHEREAS, the City Council further finds that the tax for the fiscal year beginning October 1, 2013, and ending September 30, 2014, hereinafter levied for purposes of maintenance and operations must be levied to provide for the revenue requirements of the budget for the ensuing fiscal year:

NOW THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF SAN ANGELO, TEXAS THAT: Section One: THIS TAX RATE WILL RAISE MORE TAXES FOR MAINTENANCE AND OPERATIONS THAN LAST YEAR’S TAX RATE. THE TAX RATE WILL EFFECTIVELY BE RAISED BY 4.75% PERCENT AND WILL RAISE TAXES FROM MAINTENANCE AND OPERATIONS ON A $100,000 HOME BY APPROXIMATELY $31.58. Section Two: The following taxes be and are hereby levied for the fiscal year 2013-2014, upon each One Hundred Dollar ($100) valuation of property subject to taxation in the City of San Angelo for said year:

To pay annual interest and maturities and create a sinking fund to discharge outstanding bonded indebtedness of the City of San Angelo $0.0800

For the purposes of maintenance and operations in the General Fund $0.6960

The total tax rate for the aforementioned purposes is: $0.7760

Section Three: The taxes levied herein shall be assessed and proper record made thereof, as required by law by the officers performing the duties of assessor and collector of taxes for the City of San Angelo and their successors in office and said officers shall collect such taxes and remit the same required by law and this ordinance. Section Four: All taxes levied and due under this ordinance, plus penalties and interest thereon, shall become a lien upon the property against which the tax is assessed, as provided by City Charter and State law, and the officers performing the duties of assessor and collector of taxes for the City of San Angelo and their successors in office, or their designee, are hereby authorized and empowered to enforce the collection of such taxes, penalties and interest according to the Constitution and laws of the State of Texas and the Charter and Ordinances of the City of San Angelo. Penalties and interest collected shall be paid to and credited to the General Fund of the City of San Angelo. Section Five: Taxes levied under this ordinance shall be due on October 1, 2013, and if not paid as provided by law, shall immediately become delinquent on February 1, 2014. Section Six: The City hereby affirms the adoption of the following exemptions from taxation of real property:

An individual may claim an exemption from taxation equal to twenty percent (20%) of the appraised value of his/her residence homestead, but not less than five thousand dollars ($5,000) or the value of the homestead if said value is less than $5,000.

Section Seven: Should any part, portion, or section of this ordinance be declared invalid, inoperative, or void for any reason by a court of competent jurisdiction, such decision, opinion or judgment shall in no way affect the remaining parts, portions or sections of this ordinance, which provisions shall be, remain and continue in full force and effect. Section Eight: The City Manager or his designee shall cause a copy of this Ordinance, in its entirety, as passed, to be published on the web site operated by the City of San Angelo. Section Nine: This ordinance shall become effective on the date Approved and Adopted.

INTRODUCED on the 3rd day of September, 2013, and APPROVED and ADOPTED on this the 17th day of September, 2013.

YES NO CITY OF SAN ANGELO, TEXAS Dwain Morrison, Mayor Rodney Fleming, SMD #1 Marty Self, SMD #2 Johnny Silvas, SMD #3 Don Vardeman, SMD #4 H.R. Wardlaw III, SMD #5 Charlotte Farmer, SMD #6 ATTEST: Alicia Ramirez, City Clerk Approved as to Content Approved as to Form Tina Bunnell, Finance Director Lysia H. Bowling, City Attorney

Adopted: 5/30/03 Revised: 6/21/10

City of San Angelo



From: Brian Dunn, Fire Department


Contact: Brian Dunn, Fire Department, (325) 657-4355

Caption: Consideration of authorizing the rollover of funds from ambulance revenues in the amount exceeding $2,430,000.00 (original budget) from the FY 2012-13 to FY 2013-14 General Fund, fund balance for the purchase of data system software including related hardware and a fire truck including related equipment.

Summary:

The Fire Department is asking that excess monies collected over what was budgeted for the year be rolled over for one time purchases. The amount budgeted to be collected for this year’s current budget was $2,430,000. The amount collected thru the first 10 months of the year is $2,397.723. We still have 2 more months’ worth of revenue to collect this year. This fund should have about $450,000 in excess of budgeted money at the end of the year. The use of this money for one time purchases will not impact any revenues after October 1, 2013.

The Fire Department would like to use these funds to purchase a new software system for our data management. The current system that we are using hasn’t been supported by the manufacturer for 2 years. The fire department has done a RFP (Request for Proposal). We have chosen a new system from the proposals. The cost for the new system will be about $210,000 including the hardware needed.

The department also needs to replace a fire truck the cost for this will be about $460,000 for the truck and equipment. There is $250,000 sitting in an account that was budgeted for a truck this year. This would leave us needing about $210,000 more to purchase the fire truck.

The excess funds should be about $450,000. The money needed to purchase the software system and to get enough funds to pay for the fire truck should be about $420,000. We are asking that council roll these excess funds over into next year so these items may be purchased.

As stated before these are excess monies collected over what was budgeted and can be used for one time purchases. This will in no way impact revenue for next budget year, which will still be available for use as council desires.

History: N/A

Financial Impact: .$420,000

Related Vision Item

(if applicable):

N/A


Staff Recommends Approval

Attachments: None

Presentation: None

Publication: None


Brian Dunn, Fire Chief 8/13/2013

Approved by Legal: N/A

ARTICLE 12.600 SIGN REGULATIONS*

Sec. 12.606 Portable Signs

The following regulations shall be applicable to all portable signs as defined herein:

(1) A portable sign will be allowed as an additional on-site freestanding sign provided it conforms to the following regulations:

(A) One (1) portable sign shall be permitted per business or organization location.

(B) Portable signs will not exceed thirty-five (35) square feet in area.

(C) Portable signs shall be secured to the ground at a minimum of four (4) separatepoints.

(D) All portable signs shall have permanently affixed thereto the names of the owner(s) of such signs.

(E) Illuminated portable signs shall meet all requirements of the city electrical code.

(Ordinance adopted 1/21/03)

(F) Any flashing light or other device that gives the appearance of a flashing lightshall be prohibited, except for fluctuating electronic message boards meeting all thefollowing requirements:

(1) No message shall be displayed for less than one half of one second;

(2) No message shall be repeated at intervals less than two seconds;

(3) No segmented message may last longer than ten seconds;

(4) No traveling message may travel at a rate slower than sixteen light columnsper second or faster than thirty-two light columns per second.

(Sec. 2, Ordinance adopted 3/21/06)

(G) A portable sign may be used as one (1) freestanding sign authorized for a lot, ifall of the requirements for freestanding signs are met and the sign is permanentlyaffixed to the ground. (Ordinance adopted 1/21/03)

(H) Portable sign advertisement must be related to goods or services being providedon the premises where such sign is located, for activities conducted on the premiseswhere such sign is located, and/or for public service announcements. (Sec. 4, Ordinanceadopted 3/21/06)

(I) Use of a portable sign shall be limited to no more than ninety (90) days aggregateper calendar year. A separate permit for each period of use must be obtained from thepermits and inspections department prior to display of a portable sign. In no event shall

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a permit authorizing display for more than thirty (30) consecutive days be issued.

(2) Setback Requirement.

(A) No portable sign may be placed within the designated right-of-way or within ten (10) feet of the curb line or street edge, whichever is further from the roadway.

(B) A portable sign may not be used on a lot, tract or parcel of land if the abovesetback requirement cannot be met.

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8/29/2013http://z2codes.franklinlegal.net/franklin/PrintViewer.jsp?printCollection=0

September 3, 2013 Agenda Packet

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Transcript of September 3, 2013 Agenda Packet