September 17, 2013 Agenda packet

City Council Agenda Page 1 of 6 September 17, 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 17, 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

“Lakeview Homecoming Day, Beat the Snyder Tigers”, Friday, September 27, 2013, to be accepted by Sadie Reddy, Student Cheerleader and Cheerleader Squad

D. Recognition

Darlene Luna, Property Specialist with the City of San Angelo, for receiving the State of Texas Procurement Certification

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 September 3, 2013 City Council Regular meeting minutes


2. Consideration of awarding RFB WU-13-13 Chlorine bid to DPC Industries Inc. (Sweetwater, Tx) in the amount of $69,300.00 for liquid chlorine for use in the Water Treatment Plant (submitted by Water Utilities Director Ricky Dickson)

3. Consideration of approving a new lake lot residential lease for financing purposes with the following lessee and authorizing the Mayor, City Manager, or Water Utilities Director to execute the same (submitted by Water Utilities Director Ricky Dickson) a. Lot 17, Group 9, 1906 South Concho Drive (Sims) b. Lot 20, Group 15, 2378 Fishermans Road (Jonas)

4. Consideration of authorizing the City Manager to execute a concession agreement and all related documents between the City and Avis Car Rental Group, LLC, in substantially the attached form, for a non-exclusive license to operate an automobile rental service at the San Angelo Regional Airport-Mathis Field (submitted by Airport Director Luis Elguezabal)

5. Consideration of authorizing the City Manager to execute a concession agreement and all related documents with Budget Rent A Car System, Inc., in substantially the attached form, for a non-exclusive license to operate an automobile rental service at the San Angelo Regional Airport-Mathis Field (submitted by Airport Director Luis Elguezabal)

6. Consideration of approving the continuation of a City Policy providing for paid time off for City employees who contribute a “care share”, a “double care share”, or greater to the 2013-2014 United Way Campaign (submitted by Internal Auditor Steven Mahaffey)

7. Consideration of authorizing the City Manager to execute an Interlocal Agreement for E9-1-1 Public Safety Answering Point Services with the Concho Valley Council of Governments for the operation of 9-1-1 services in Tom Green County pursuant to the Regional Planning Commission (RPC) strategic plan (submitted by Police Chief Tim Vasquez)

8. Consideration of adopting a Resolution accepting the U.S. Department of Justice FY 2013 Justice Assistance Grant in the sum of twenty-two thousand seven hundred forty-one and no/100 dollars ($22,741.00), and authorizing the City Manager to execute such grant award and related documents as may be necessary or convenient for acceptance of the grant (submitted by Police Chief Tim Vasquez)

9. Consideration of adopting a Resolution authorizing the City Manager to apply to access the Reservation System for 2014-2015 Amy Young Barrier Removal Program Funds and apply on behalf of the San Angelo Housing Support Division for such grant funds; and approving acceptance of grant funds awarded (submitted by Neighborhood and Family Services Director Bob Salas)

10. Second Hearing and consideration of adopting an Ordinance amending Chapter 12, Exhibit “A” (Zoning Ordinance) of the Code of Ordinances, City of San Angelo (submitted by Interim Director of Development Services AJ Fawver) 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

11. Second Hearing and consideration of adopting 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


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

12. Second Hearing and consideration of adopting an Ordinance amending Chapter 12, Exhibit “A” (Zoning Ordinance) of the Code of Ordinances, City of San Angelo (submitted by Interim Director of Development Services AJ Fawver) 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

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 the West Texas Water Partnership

• Section 551.072 to deliberate the purchase, exchange, lease, or value of real property related to 1) proposed Fire Station, 2) Lake Nasworthy area, and 3) West Texas Water Partnership

• Section 551.074(1) to deliberate the evaluation of the City Manager

G. PUBLIC HEARING AND COMMENT

13. Consideration of authorizing funding and payment for City’s proportionate share of costs incurred for services pursuant to the interlocal agreement between cities of Abilene, Midland and San Angelo, effective April 9, 2011 (West Texas Water Partnership), and consideration of ratifying all actions already taken and payments made pursuant to said interlocal agreement since its effective date, and any action in connection thereto (Requested by Mayor Morrison)

14. Discussion of naturally occurring radioactive material as it relates to the Hickory Groundwater Supply Project (Presentation by Water Utilities Director Ricky Dickson)

15. Discussion and possible action on matters related to the 19th Street Sidewalk Project (Requested by Councilmember Farmer and presentation by Interim City Engineer Tim Wolff)

16. Consideration of approving an amendment to Vision Plan component of the San Angelo Comprehensive Plan update adopted in 2009, specifically properties located within an approximately 1,800 foot radius of the intersection of Armstrong Street and 28th Street in north-central San Angelo (Presentation by Interim Senior Planner Jeff Hintz)


17. Consideration of approving an amendment to Vision Plan component of the San Angelo Comprehensive Plan update adopted in 2009, specifically properties located south from the intersection of Grand Canal Road and US Highway 277, south to the city limit line, and properties located just east of the city limits line, but outside the city limits in southern San Angelo (Presentation by Interim Senior Planner Jeff Hintz)

18. Presentation of the City of San Angelo Development Corporation (COSADC) calendar year 2012 Annual Report and discussion and possible action regarding goals, objectives, and procedures for COSADC (Presentation by Interim Economic Development Director Bob Schneeman)

19. First Public Hearing and consideration of introducing an Ordinance amending Chapter 12 pertaining to Mobile Home Regulations of the Code of Ordinances, City of San Angelo AN ORDINANCE AMENDING CHAPTER 12 “PLANNING & DEVELOPMENT”, ARTICLE 12.500 “MOBILE HOME REGULATIONS”, OF THE SAN ANGELO CODE OF ORDINANCES BY AMENDING THE TITLE OF ARTICLE 12.500 TO READ, “MANUFACTURED HOME AND MOBILE HOME REGULATIONS”; RESTATING SECTION 12.503 “SKIRTING” BY ADDING MANUFACTURED HOMES AND PROVIDING AN EXCEPTION FOR LICENSED DEALERSHIPS AND RETAILERS; AMENDING SECTION 12.504 “TEMPORARY MOBILE HOME INSTALLATION” BY AMENDING THE SECTION TITLE TO “TEMPORARY MANUFACTURED HOME, MOBILE HOME OR BUILDING INSTALLATION”, AND RESTATING SUBPARAGRAPHS (a) AND (c) OF SAID SECTION TO REFERENCE MANUFACTURED HOME; PROVIDING FOR SEVERABILITY, PROVIDING FOR A PENALTY AND PROVIDING FOR AN EFFECTIVE DATE (Presentation by Interim Senior Planner Jeff Hintz)

20. Presentation of and possible action regarding final draft of planning document for Lake Nasworthy subdistrict, as prepared by Gateway Planning (Presentation by Interim Director of Development Services AJ Fawver and Gateway Planning Principal Scott Polikov)

21. Consideration and possible action to amend the 2009 San Angelo Comprehensive Plan, by incorporating the Lake Nasworthy subdistrict planning document, as prepared by Gateway Planning (Presentation by Interim Director of Development Services AJ Fawver)

22. Second Public Hearing and consideration of adopting 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 Morgan Chegwidden, Budget Manager)


23. Discussion and possible action on matters related to the fiscal year 2013-2014 budget to include: a. Development Corporation Funds b. Stormwater Fund c. Wastewater transfers d. General capital projects e. Other items as needed

(Presentation by Budget Manager Morgan Chegwidden) 24. Discussion and seeking direction and approval of City Council related to the allocation of the

$812,953 contingency funds identified in the proposed FY 2013/14 budget (Presentation by Human Resources Director Lisa Marley)

25. Consideration of approving the FY 2013/14 Employee Holiday Schedule and any action in connection thereto (Presentation by Human Resources Director Lisa Marley)

26. Discussion and seeking direction of City Council related to the watering of City parks, sports fields, Santa Fe Golf Course, and Fairmount Cemetery (Presentation by Operations Director Shane Kelton)

27. Consideration of nominating candidates to serve on and adopting a Resolution nominating candidate(s) eligible for a position on the Board of Directors of the Tom Green County Appraisal District for the 2014 - 2015 term of office (Presentation by City Clerk Alicia Ramirez)

H. FOLLOW UP AND ADMINISTRATIVE ISSUES

28. Consideration of and possible action on matters discussed in Executive/Closed Session, if needed 29. Consideration of approving various Board nominations by Council and designated Councilmembers:

a. Public Art Commission: Lori Francks (SMD4) to a 1st full term April 2015 b. Zoning Board of Adjustment: Louis Rork (SMD5) to an unexpired term January 2014

30. Consideration of nominating a City Council Member to serve on the Ports-to-Plains Trade Corridor Coalition

31. 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.

32. 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, September 13, 2013, at 6:00 P.M.

/s/________________________ Alicia Ramirez, City Clerk

CITY COUNCIL MINUTE RECORD The City of San Angelo Page 753 Tuesday, September 3, 2013 Vol. 104

OPEN SESSION BE IT REMEMBERED City Council convened in a regular meeting at 9:08 A.M., Tuesday, September 3, 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 Stanley Sweet, Pastor at Sierra Vista United Methodist Church, and pledge was led by Robert Stanley and Bill Murray representing the Texas Veteran for Veterans.

PROCLAMATION AND RECOGNITIONS

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

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.

PUBLIC COMMENT

No public comments were made.

CONSENT AGENDA

APPROVAL OF THE AUGUST 13, 2013, AUGUST 20, 2013, AND AUGUST 27, 2013 CITY COUNCIL MEETING MINUTES

ADOPTION OF A RESOLUTION OF THE CITY OF SAN ANGELO AUTHORIZING THE MAYOR TO EXECUTE A TAX-RESALE (QUITCLAIM) DEED CONVEYING ALL RIGHT, TITLE AND INTEREST OF THE CITY OF SAN ANGELO, AND ALL OTHER TAXING UNITS INTERESTED IN THE TAX FORECLOSURE JUDGMENT OR TAX WARRANT: (Page 761, #2013-09-116)

613 W 15th Street, (Owens), Lot 6, Block 5, Mineola Annex, $750, Suit No. B-94-0062-T 520 W 15th Street, (Sullivan), Lot 10, Block 1, Mineola Annex, $2,000, Suit No. B-10-0166-T

ADOPTION OF 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

Page 754 Minutes Vol. 104 September 3, 2013 EXTENSION; AUTHORIZING THE CITY MANAGER TO EXECUTE A FIRST AMENDED DEPOSITORY CONTRACT (Page 763, #2013-09-117)

SECOND HEARING AND ADOPTION OF AN ORDINANCE AMENDING THE 2012-2013 BUDGET FOR NEW PROJECTS AND INCOMPLETE PROJECTS (Page 765, #2013-09-118)

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

SECOND HEARING AND ADOPTION OF AN ORDINANCE AMENDING ESTABLISHED BOUNDARIES OF SINGLE MEMBER DISTRICT 6 (Page 769, #2013-09-119)

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

Motion, to approve the Consent Agenda, as presented, was made by Councilmember Silvas and seconded by Councilmember Vardeman. Motion carried unanimously.

REGULAR AGENDA: PUBLIC HEARING AND COMMENT

PRESENTATION OF THE 2ND QUARTER REPORTS FOR THE CHAMBER OF COMMERCE ECONOMIC DEVELOPMENT COUNCIL AND CONVENTION & VISITORS BUREAU (CVB)

Vice President for Economic Development John Dugan and CVB Vice President Pamela Miller presented background information.

Responding to questions by Councilmember Silvas and Farmer, Ms. Miller clarified the hotel room cost in relation to other city amenities, e.g. food and retail costs. Interim Economic Development Director Bob Schneeman verified the Chamber of Commerce contract was approved by City Council.

DENIAL OF 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, Water Utilities Director Ricky Dickson presented background information.

General discussion was held on the properties location in relation to the river front, potential public use, reviewing lease term calculation policy in relation to fair market value, future recreational vehicle use by proponent, and staff’s and the Housing Committee’s presentation regarding the proposed policy for future use.

City Manager Daniel Valenzuela informed staff will review and recommend their findings regarding standard fees in October.

MK-Allen Operations Manager Mike Walters informed the corporation purchased the property by and plan to develop for future use. Responding to a question by Councilmember Fleming, Mr. Walters stated he could not confirm whether the property would be developed as a recreational vehicle (RV) park.

Motion, to deny the Special Recreational Lease Agreement, as presented, was made by Councilmember Farmer and seconded by Councilmember Fleming.

Sam Allen, Attorney for the Butlers Farm Homeowners Association, noted the purposed use was for an RV park and since the city had created a group to establish a policy for such future use. On behalf of the adjacent homeowners, he requested postponing further development of the property until the policy has been established and implemented.

Minutes Page 755 September 3, 2013 Vol. 104 Public comment was made by Citizen Jim Turner regarding the maintenance and policing of existing and future parks.

_______, Attorney for MK-Allen enterprises, noted such action by City Council would set precedence for future requests and spoke in opposition of the denial.

A vote was taken on the motion the floor. AYE: Fleming, Silvas, Wardlaw, and Farmer. NAY: Morrison, Vardeman, and Self. Motion carried 4-3.

RECESS

At 10:30 A.M., Mayor Morrison called a recess.

RECONVENE

At 10:39 A.M., Council reconvened, and the following business was transacted:

DIRECTION TO STAFF TO DRAFT AN ORDINANCE RELATING TO THE AUTHORIZATION FOR THE OPERATION OF GOLF CARTS ON ALL OR PART OF PUBLIC HIGHWAYS WITHIN THE CITY AS PERMITTED BY LAW, SPECIFIC TO ANGELO STATE UNIVERSITY, GOVERNMENTAL ENTITIES, AND COMMERCIAL ENTITIES

Requested by Councilmember Vardeman, Police Chief Tim Vasquez, and Traffic Sergeant Korby Kennedy presented background information.

General discussion was held on safety issues with crossing major and minor arterials, specifically Live Oak Street and University Avenue, establishing a permit process through the police department, public safety issues, other commercial entities requesting the same type of use, and the requests submitted specific to Angelo State University (ASU).

Joe Munoz, ASU Attorney, informed the university has been cited in the past for operating the carts on the public streets. He noted the carts are mainly used for maintenance purposes with limited use on the public streets, the carts have been configured as street legal, and the employees take a course and are certified to drive the carts.

City Manager Daniel Valenzuela noted establishing an ordinance will be specific to the traffic laws and will include specific criteria to assist the Police Department to approve the permit. Chief Vasquez stated he preferred an application process which involved a group of individuals to review and approve.

Public comments were made by former Councilmember Paul Alexander, Citizens Janette Story, and Jim Turner.

Motion, to draft an ordinance outlining a policy for golf cart use by ASU, UPS, and apartment communities, was made by Councilmember Vardeman and seconded by Councilmember Self.

Further discussion was held on other similar type vehicles, e.g. mule type, john deer or gator vehicles. Sergeant Kennedy stated each vehicle has different terms under state law.

Responding to a question by Chief Vasquez, Council agreed the ordinance should include minimum vehicle requirements, including operator’s restrictions and the ability to revoke the permit.

After further consideration, Councilmember Vardeman withdrew his first and Councilmember Self his second.

Motion, to develop an ordinance for the use of golf carts specific to ASU and commercial entities, was made by Councilmember Vardeman and Councilmember Self.

Responding to a question by Assistant City Manager Rick Weise, Councilmember Vardeman concurred the ASU reference would include the City as a government entity.

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

FIRST PUBLIC HEARING AND INTRODUCTION OF AN ORDINANCE AMENDING CHAPTER 12,

Page 756 Minutes Vol. 104 September 3, 2013 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

Interim Director of Development Services AJ Fawver presented background information. A copy of the presentation is part of the Permanent Supplemental Record.

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

General discussion was held on limiting further development of the area.


FIRST PUBLIC HEARING AND 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


General discussion was held on the future turnaround placement and the emergency access.

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

Further discussion was held on the taxation of the development and contiguous properties.


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

Z 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

Minutes Page 757 September 3, 2013 Vol. 104 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


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

DIRECTION TO STAFF TO AMEND THE ORDINANCE REGARDING THE USE OF A PORTABLE SIGN LIMIT AND RELATED NUMBER OF DAYS IN THE CODE OF ORDINANCES, CHAPTER 12, SECTION 12.606 PORTABLE SIGNS(1)(I)

Requested by Councilmember Fleming, he noted the ordinance reads the allowable use is for 90 consecutive days and suggested increasing the allowable days to 180 days within a year period and not necessarily consecutive days. He also suggested the permit fee be set at $25 for every 30 days.

Interim Director of Development Services AJ Fawver and Building Official Al Torres provided information pertaining to the department responsible for the compliance and enforcement of the permit.

Motion, to direct staff to amend the ordinance from 90 consecutive days to 180 days per year or consecutive, was made by Councilmember Fleming and seconded by Mayor Morrison.

City Manager Daniel Valenzuela informed staff will also review and consider the permit rate as part of their full fee structure review.

General discussion was held on the enforcement of the permit, developing a system to oversee the permit process, which department will be responsible for the permit process, and the definition of a portable sign.

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

AUTHORIZATION OF 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

Fire Chief Brian Dunn presented background information. Assistant City Manager Rick Weise stated this does not affect the coming year budget and would take the previous software request off the department’s request list. He further stated this is a onetime expense.

Responding to a question from Councilmember Vardeman, Chief Dunn informed the system will include the Fire and Fire Marshal departments.

Motion, to authorize the rollover of funds, as presented, was made by Councilmember Vardeman and seconded by Councilmember Self. Motion carried unanimously.

Assistant City Manager/Chief Financial Officer Michael Dane stated staff will present this action as part of a future budget amendment.

RECESS

At 11:48 A.M., Mayor Morrison called a recess.

RECONVENE

At 12:12 P.M., Council reconvened, and the following business was transacted:

Page 758 Minutes Vol. 104 September 3, 2013 EXECUTIVE/CLOSED SESSION

At 12:12 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 551.071(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; and, Section 551.074(a)(1) to deliberate the appointment, employment, evaluation, reassignment, duties, discipline, or dismissal of the City Manager.

RECESS

At 2:20 P.M., Mayor New called a recess.

RECONVENE

At 2:27 P.M., Council reconvened, and the following business was transacted:

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

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

SECOND PUBLIC HEARING AND ADOPTION OF AN ORDINANCE OF THE CITY OF SAN ANGELO APPROVING AND ADOPTING THE FY 2014 BUDGET AND RELATED MATTERS(Page , #2013-09-120)

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

THIS BUDGET WILL RAISE MORE TOTAL PROPERTY TAXES THAN LAST YEAR’S BUDGET BY $526,345 (1.86%), AND OF THAT AMOUNT, $328,722 IS TAX REVENUE TO BE RAISED FROM NEW PROPERTY ADDED TO THE TAX ROLL THIS YEAR

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

Mayor Morrison opened the floor to hear public comment. No public comments were made. Mayor closed the public comment period.

General discussion was held on the cemetery improvements which would be considered during Capital Improvement discussion, Development Corporation budget, the ½ sales tax designations and appropriations, and creating perpetual funds for perpetual projects, e.g. parks, cemetery, etc.

Councilmember Vardeman suggested Council discuss and review the ½ sales tax appropriations at a future meeting.

Minutes Page 759 September 3, 2013 Vol. 104 Due to time constraints, Mayor Morrison suggested approving the budget as presented, with the understanding any recommended changes to the budget will be presented and approved as an amendment.

Motion, to adopt the Ordinance, as presented, was made by Councilmember Silvas and seconded by Mayor Morrison.

Assistant City Manager Rick Weise reminded Council the additional water request for the sports complex has not been addressed in this budget. Council stated such changes will be addressed at a future meeting.

Councilmember Wardlaw suggested the amendments should be addressed at the next meeting. With respect for water at the cemetery and parks, he suggested finding monies to support these departments and exempt the department’s allocations from the budget process. However, he suggested staff should continue to include the sports complex.

City Council suggested staff distribute the pay plan classification presentation in the Friday Packet.


Further discussion was held on the Capital Improvement Plan projects, specifically the Fairmount Cemetery columbaria Phase I project.

Motion, to amend the budget to include $316K of Capital Improvement Plan funds to finance the columbaria at Fairmount Cemetery, was made by Councilmember Wardlaw and seconded by Councilmember Farmer. Motion carried unanimously.

FIRST PUBLIC HEARING AND ADOPTION 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

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

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

Motion, to set the ad valorum property tax rate at 0.776/per $100 valuation for the FY 2013-2014, as presented, was made by Councilmember Farmer and seconded by Councilmember Vardeman. Motion carried unanimously.

FOLLOW UP AND ADMINISTRATIVE ISSUES

CONSIDERATION OF MATTERS DISCUSSED IN EXECUTIVE/CLOSED SESSION

No action was taken on matters discussed in Executive/Closed Session.

APPROVAL OF A BOARD NOMINATION BY COUNCIL AND DESIGNATED COUNCILMEMBERS:

Design & Historic Review Commission: Ashley Young Turner (SMD3) to an unexpired term September 2014 Planning Commission: John Young (SMD3) to an unexpired term January 2015

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

ANNOUNCEMENTS AND CONSIDERATION OF FUTURE AGENDA ITEMS

Page 760 Minutes Vol. 104 September 3, 2013 The Regular City Council meeting on Tuesday, October 15, 2013, will be held at 5:30 P.M.

City Manager Daniel Valenzuela distributed the proposed September 17, 2013 Agenda and solicited Council comments and suggestions.

Councilmember Farmer suggested creating a committee to work with Human Resources Director Lisa Marley on employee evaluation process, including the meet/exceeds performance categories. Committee should consist of City Manager Daniel Valenzuela and Councilmembers Vardeman and Farmer.

Councilmember Self requested a review of all leases for recreational purposes.

Councilmember Wardlaw and Mayor Morrison requested a discussion item and possible action on removing the wastewater Payment in Lieu of Taxes (PILOT) fee.

Councilmember Vardeman requested a review of the ½ sales tax appropriations.

RECESS

At 3:05 P.M., Mayor Morrison called a recess.

RECONVENE

At 3:07 P.M., Council reconvened, and the following business was transacted: EXECUTIVE SESSION

At 3:07 P.M., Council convened in Executive Session under the provision of Government Code, Title 5. Open Government; Ethics, Subtitle A. Open Government, Chapter 551. Open Meetings, Subchapter D. Exceptions to Requirement that Meetings be Open, Section 551.074(a)(1) to deliberate the appointment, employment, evaluation, reassignment, duties, discipline, or dismissal of the City Manager.

RECESS

At 4:05 P.M., Mayor Morrison called a recess.

RECONVENE

At 4:07 P.M., Council reconvened, with the exception of Councilmember Farmer, and the following business was transacted:

ADJOURNMENT

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

The meeting adjourned at 4:09 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.)

P R O C L A M A T I O N WHEREAS, “Beat the Snyder Tigers” is on lips of all involved in the

Lake View Homecoming football game; and WHEREAS, “Beat the Snyder Tigers” will be shouted even louder as

the September 27th Homecoming gets closer; and WHEREAS, “Beat the Snyder Tigers” will take the Big Blue onto the

football field as Head Coach Doug Kuhlmann leads the Chiefs to an anticipated, resounding victory.

NOW, THEREFORE, I, Dwain Morrison, Mayor of the City of San Angelo, Texas, on behalf of the City Council, do hereby proclaim Friday, September 27, 2013 as

“LAKE VIEW HIGH SCHOOL HOMECOMING . . . BEAT THE SNYDER TIGERS” DAY

in support of the hardworking Lake View High School students and football team and all their strong and dedicated fans.

IN WITNESS WHEREOF, I have hereunto set my hand and caused the Seal of the City to be affixed this 27th day of September, 2013.

THE CITY OF SAN ANGELO ___________________________

DWAIN MORRISON, MAYOR

Employee Recognition

Name: Darlene Luna

Accomplishment: Received State of Texas Procurement Certification Training 08/01/13

The City of San Angelo Purchasing Division believes that all procurement professionals should have all of the tools necessary to perform tasks that will result in best value contracts and acquisitions for the City.

Obtaining State of Texas procurement certifications demonstrates that our Purchasing personnel have

knowledge of the Texas Public Purchasing requirements, state and local procurement laws, ethical standards, and various methods of procurement processes available to ensure that purchases of materials, equipment, services, will result in best value, high quality contracts.

Proactive knowledgeable Purchasers maximize the value of public funds by assisting all City departments in the procurement of goods and services that in turn provide quality services to our taxpayers.

Furthermore, certification ensures that our Purchasing personnel understand that purchasing must be accomplished utilizing the highest ethical standards in their promotion of fair and open bidding competition.

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

City of San Angelo

Memo Date: August 23, 2013

To: Mayor and Councilmembers

From: Ricky Dickson, Water Utilities Director

Subject: Agenda Item for September 17, 2013 Council Meeting

Contact: Ricky Dickson; 657-4209

Caption: Consent Item

Consideration of awarding RFB WU-13-13 Chlorine bid to DPC Industries Inc. (Sweetwater, Tx) in the amount of $69,300.00 for liquid chlorine for use in the Water Treatment Plant.

Summary: Bids have been received from 2 suppliers for the purchase of liquid chlorine for use at the water treatment plant. The low bid was submitted by DPC Industries, Inc. of Sweetwater, Texas.

History: Liquid chlorine and ammonia are used to disinfect drinking water at the city’s water treatment plant. When combined, these chemicals are used to provide both theinitial disinfection of the water and residual disinfection throughout the distribution system.

Financial Impact: Total estimated annual expenditure of $69,300.00. Budgeted within the Water Treatment Plant Operating Budget.

Related Vision Item

(if applicable):

na

Other Information/ Recommendation:

Staff recommends the bids be accepted and the City Manager be authorized to execute the contract documents.

Attachments: Bid Tabulation

Presentation: None.

Publication: None.

Reviewed by Director:

Ricky Dickson, Water Utilities Director; 657-4209

Approved by Legal:

CITY OF SAN ANGELOBID TAB

WU-13-13 Chlorine/August 14, 2013

DescriptionEst. Qty Pounds $/Pound Extended $/Pound Extended

Chlorine 200,000 lbs (100 tons) 0.3600$ 72,000.00$ 0.3465$ 69,300.00$

Requests for Bids were mailed to:

Altivia Corp. Houston, TX

Brenntag Southwest Houston, TX

DPC Industries Inc. Sweetwater, TX

Environmental Chemical Corp San Antonio, TX

Gulbrandsen Technologies, Inc. Clinton, NJ

Harcros Chemical. Inc. Dallas, TX

Hydro Plus Abilene, TX

Kemira Water Solutions, Inc Lawrence, KS

Brenntag

3

DPC INDUSTRIES, Inc

3Delivery Days

C:\Documents and Settings\Kevin.Krueger\Local Settings\Temporary Internet Files\Content.Outlook\ZEXODQWZ\BID TAB-Final

City of San Angelo

Memo Date: September 5, 2013



Subject: Consent Item for September 17, 2013 Council Meeting

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

Caption: Consideration of approving a new lake lot residential lease with the following Lessee and authorizing the Mayor, City Manager, or Water Utilities Director to execute the same:

David Jonas and Peggy Jonas, Lot 20, Group 15, Lake Nasworthy Subdivision

2378 Fishermans Road

Summary: Lessee requests a new 40 year lease necessary for financing purposes. Per Section 6.100(3)(B) Rent Escalation When New Lease is Required Before Termination, annual rent will be adjusted based on the number of years remaining on the term of the current lease or until December 31, 2016, whichever is later. The term of the current lease ends April 30, 2036 at which time the annual rent will be adjusted to appraised market value of land multiplied by a factor of 0.08.

History: Lessee is in good standing as to all lease obligations.

Financial Impact: Current Lease expires: April 30, 2036

Current Yearly Lease Fee 2014-2015 $571.00 2016-2025 $685.00 2026-2035 $822.00

New Lease expires: April 30, 2053 New Lease Fees: 2014-2015 $701.00 2016-2025 $841.00 2026-2035 $1,009.00 2036-2052 Market Value

Related Vision Item (if applicable): None. Other Information/Recommendation: It is recommended that the lease renewal be approved and the Water Utilities Director be authorized to execute the lease. Staff recommends approval. Attachments: Lease Renewal Agreement (David Jonas and Peggy Jonas) Presentation: None. Publication: None.

Reviewed by Service Area Director: Ricky Dickson, Water Utilities Director, September 5, 2013.

Reviewed by Office of City Attorney: Lysia H. Bowling, City Attorney, September 5, 2013

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LAKE NASWORTHY RESIDENTIAL LOT LEASE

This lease is made and entered into by and between the CITY OF SAN ANGELO, a Texas municipal corporation, ("Lessor"), whose address is 72 W. College Avenue, San Angelo, Tom Green County, Texas 76903, and DAVID CHARLES JONAS and PEGGY JEAN JONAS, husband and wife, whose address is 2378 Fishermans Road, San Angelo, Tom Green County, Texas 76904 ("Lessee").

I. DEMISE OF LEASED PREMISES 1.1 In consideration of the mutual covenants, conditions and agreements set forth in this lease, Lessor hereby demises and leases to Lessee, and Lessee hereby accepts and leases from Lessor, the following described real property (hereinafter called "leased premises") situated in San Angelo, Tom Green County, Texas:

Surface Estate only in and to Lot Twenty (20), Block One (1), Group Fifteen (15), Lake Nasworthy Addition to the City of San Angelo, Tom Green County, Texas, according to the map or plat of said addition of record in Plat Cabinet “F” at Slide #43 of the Records of Tom Green County, Texas (also commonly known as 2378 Fishermans Road).

II. TERM, FEES AND RENT

FIXED COMMENCEMENT AND TERMINATION DATE

2.1 This lease is granted for a period of forty (40) years having an effective date beginning September 1, 2013 and ending April 30, 2053, in consideration of the initial payment of $150.00, which payment includes the granting fee, receipt of which payment is hereby acknowledged, and the further consideration of Lessee's payment of future annual rent in accordance with subsequent paragraphs hereof and Lessee's compliance with the stipulations and conditions hereinafter set forth.

TIME AND MANNER OF PAYMENT 2.2 Lessee shall pay annual rent to Lessor at the San Angelo Water Utilities Billing Department, 122 W. 1st Street, San Angelo, Texas, 76903, or at such other place as Lessor may from time to time designate by written notice to Lessee. Such rent shall be paid annually on or before May 1 of each year during the term of this lease in accordance with the following schedule:

Dates Annual Rent

For the Years 2014 Through 2015 $701.00

For the Years 2016

For the Years 2026

For the Years 2036

Through 2025

Through 2035

Through 2052

$841.00

$1,009.00

Market Value *

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

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

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

III. DEBTS RELATED TO LEASED PREMISES

UTILITIES 3.1 Any utility charges shall be paid in full by Lessee when due. Failure to pay such charges may be deemed a default at the option of Lessor.

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

WATER, SEWAGE, PAVING IMPROVEMENTS 3.3 In the event the Lessor lays sewer and/or water lines on, adjacent to or in the vicinity of the leased premises, Lessee agrees to pay the pro rata front-foot cost of laying said line or lines as established by and in accordance with city policies then in existence. 3.4 Lessee expressly agrees that if city water or sewer lines are ever located within 200 feet of the leased premises, Lessee will tie on to such service at its own expense at the price established for that specific Lake Nasworthy area.

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

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

V. USE OF LEASED PREMISES

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

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

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

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

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

e. No outside toilets shall be constructed or maintained on leased premises, and all plumbing shall be connected with a sanitary sewer or with a septic tank which complies in all respects to all state, county and city sanitation regulations and requirements. No septic tank shall be placed, constructed, or maintained nearer than 75 feet to the 1,872.2 foot elevation line nor nearer than five (5) feet to any property line. All wastewater facilities shall conform to all of the City's wastewater ordinances, where applicable. No sewer or drain shall empty into the lake or be constructed so as to flow or wash into the lake. No concrete storm drains may be constructed without the prior approval of the Water Utilities Department, Zoning Board of Adjustment, Planning Commission and/or Council, as applicable.

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

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

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

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

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

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

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

RESERVATIONS AND EASEMENTS

5.2 Lessor, its agents or assigns, reserves the privilege and right at any time to execute and deliver valid oil, gas and other mineral leases upon the leased premises, and valid right-of-way easements for gas, oil, water, or wastewater pipelines, telephone, telegraph or electric pole transmission lines on said premises, or any part thereof, and in such event this lease shall be subject and subordinate to the rights, terms and privileges of any such oil, gas and other mineral leases or such easements as may have been executed heretofore or hereafter by Lessor, its agents or assigns. An easement across leased premises is hereby retained by Lessor for the purpose of laying sewer and water lines and/or for necessary rights-of-way for roads, alleys or other throughways.

VI. ENCUMBRANCE OF LEASEHOLD ESTATE

ENCUMBERING LEASEHOLD INTEREST ONLY

5

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

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

VII. CONDITION OF PREMISES

NO WARRANTY

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

AVAILABILITY AND USE OF LAKE WATER 7.2 Lessor in no way guarantees the accessibility of water to the leased premises nor the level of water in Lake Nasworthy.

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

VIII. REPAIRS AND MAINTENANCE

LESSEE'S DUTY TO REPAIR AND MAINTAIN 8.1 Lessee agrees to keep and maintain any and all structures erected or caused to be erected or placed on the leased premises in good and tenantable condition, to maintain its appearance, and to landscape and keep said premises cleared of all objectionable matter, things, and vegetation. Leased premises shall not be used for the outside storage of usable materials for unreasonable lengths of time. In the event Lessee shall fail to maintain leased premises in a manner acceptable to Lessor, after notice

6

to Lessee as prescribed by city ordinance, the Lessor shall cause leased premises to be cleaned, cleared, and mowed. Lessee expressly authorizes the cost of any such clearing, cleaning, and mowing to be billed to it or added to the next annual rental payment, with interest at the rate of ten percent (10%) per annum beginning thirty (30) days from the date on which the work was completed, and continuing until such cost is paid in full.

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

IX. SUSPENSION OF PRIVILEGES

HEALTH MATTERS 9.1 It is expressly understood and agreed that Lessor may at any time, without notice to Lessee or any mortgagee, suspend or revoke any and all privileges granted herein for such length of time as in its sole judgment is necessary for the purpose of suppressing or arresting an epidemic of any contagious or infectious disease, or when, in its sole judgment, any suspension of privileges is necessary to protect the health of the water consumers of San Angelo, Texas. In the event privileges are suspended by Lessor, rent shall be prorated; and if the lease is revoked, Lessor shall pay Lessee an amount equal to the market value of any structures or improvements hereto made or erected on leased premises in compliance with the terms of this lease.

PUBLIC PURPOSES

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

X. RELEASE 10.1 Lessee expressly releases Lessor, its officers, agents, and employees from any and all claims for damages of any kind by reason of the condition of the premises hereby leased, or any

7

improvements thereon or any damages incurred in the enjoyment or exercise of the privileges granted hereunder, or for damage to its person or property caused by the opening of the gates at Nasworthy Dam, the lowering of the normal water elevation in the lake, or due to flood or high water, or any fluctuating water levels which may arise in the use and operation of Lake Nasworthy, or in the joint use and operation of Lake Nasworthy, San Angelo Reservoir, and Twin Buttes Reservoir for the purposes of recreation, irrigation, and water supply, or for any other purpose.

XI. INDEMNIFICATION 11.1 LESSEE FURTHER AGREES FOR LESSEE AND LESSEE’S SUCCESORS IN INTEREST TO INDEMNIFY AND HOLD LESSOR, ITS OFFICERS, AGENTS, AND EMPLOYEES, FREE AND HARMLESS FROM ANY CLAIMS FOR DAMAGES OR INJURY, INCLUDING DEATH, TO PERSONS OR PROPERTY, OR ANY LIABILITY INCURRED AS A RESULT OF THE EXERCISE OF THE PRIVILEGES CONFERRED BY THIS LEASE, AND AGREES TO REIMBURSE LESSOR FOR ANY EXPENSES INCURRED IN THE DEFENSE OF ANY SUCH CLAIM, INCLUDING REASONABLE ATTORNEY'S FEES AND COURT COSTS ACTUALLY INCURRED. NOTHING HEREIN SHALL REQUIRE THE INDEMNIFYING PARTY TO INDEMNIFY, DEFEND OR HOLDHARMLESS ANY INDEMNIFIED PARTY FOR THE INDEMNIFIED PARTY’S OWN GROSS NEGLIGENCE OR WILLFUL MISCONDUCT. THIS INDEMNIFICATION SHALL SURVIVE THE TERM OF THIS LEASE AS LONG AS ANY LIABILITY COULD BE ASSERTED.

XII. TRANSFER, ASSIGNMENT, AND SUBLETTING 12.1 Lessee may not transfer or assign the leased premises, in whole or in part, without the prior written consent of the Lessor, which consent will not be unreasonably withheld. Lessee may not sublet the leased premises, in whole or in part, without the prior written consent of the Lessor. Any such transfer, assignment or sublease shall be evidenced in writing, properly executed and acknowledged by both parties thereto; a copy shall be delivered to Lessor and the original shall be recorded in the office of the County Clerk of Tom Green County, Texas. It is agreed, however, that each such transfer, assignment or sublease shall bind the transferee, assignee or sublessee to the obligations of Lessee to Lessor as set forth in this lease and shall not release Lessee from Lessee's obligations under the lease.

XIII. DEFAULT AND REMEDIES

DEFAULT 13.1 (a) Any breach of this lease by Lessee, other than the non-payment of rent, may result in irreparable damage to Lessor for which Lessor will not have an adequate remedy at law. If Lessee should default with respect to any of its obligations hereunder except with respect to the non-payment of rent, and should fail within 60 days after written notice of such default from the Lessor to cure such default, then Lessee agrees that that Lessor shall be entitled to immediately seek relief by action or proceeding at law for damages, for specific performance and injunction, without any requirement to post a bond or other security.

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(b) In addition to, and independent of, the provisions of subsection (a), above, should Lessee violate any provision of this Lease, other than the non-payment of rent, and fail or refuse to cure such violation within 60 days after written notice of such default from Lessor, then Lessor or Lessor’s agents may enter the premises as reasonably necessary to perform the work required as determined by Lessor to cure the default and the costs thereof shall be deemed to be additional rent, immediately due and payable upon written notice to Lessee of the sum of expenses, costs, and fees so incurred by Lessor, including an assessment for the cost related to Lessor’s employee time in curing the default, if any. LESSEE HEREBY WAIVES ANY CLAIM FOR TRESSPASS OR DAMAGES RELATING TO LESSOR OR LESSOR’S AGENTS OR EMPLOYEES ENTRY ONTO THE LEASEHOLD PREMISES PURSUANT TO THE PROVSIONS OF THIS LEASE. (c) A breach of this lease by Lessee for non-payment of rent shall result in termination of this lease should Lessee within 60 days after written notice of default setting forth the amount past due fail to cure such default by making payment of the full amount due Lessor.

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

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

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

9

shall be construed or held to be a waiver of any succeeding or preceding breach of the same or any other covenant, condition, or restriction contained in this lease. (b) The remedies provided herein shall not be exclusive of other remedies. A failure by the Lessor to take action on any past violation shall not constitute a waiver of the Lessor’s right to take action on any subsequent violation.

XIV. MISCELLANEOUS

RELATIONSHIP OF LESSOR AND LESSEE

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

PARTIES BOUND

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

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

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

ENTIRE AGREEMENT/AMENDMENTS

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

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

TEXAS LAW TO APPLY

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

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

REIMBURSEMENT OF LESSOR’S EXPENSES

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

NOTICES 14.10 All notices concerning this lease shall be in writing and delivered to the parties at the addresses below:

LESSEE: David Charles Jonas and Peggy Jean Jonas 2378 Fishermans Road San Angelo, Texas 76904 LESSOR: City of San Angelo

Attn: Water Utilities Director 72 W. College San Angelo, Texas 76903

SURVIVAL 14.11 Notwithstanding anything to the contrary in this Agreement, the provisions of Parts X. RELESE, XI. INDEMNIFICATION, and XIII. ABANDONMENT, DEFULT AND REMEDIES shall survive the expiration or termination of this Lease agreement (regardless of the manner or basis of termination) in accordance with their terms.

[Signature Page to Follow]

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EXECUTED in duplicate originals on the _____day of _____________________, 2013 by: LESSEE: DAVID CHARLES JONAS and PEGGY JEAN JONAS

David Charles Jonas Peggy Jean Jonas

STATE OF TEXAS § COUNTY OF TOM GREEN §

This instrument was acknowledged before me on the _____day of ________________, 2013 by David Charles Jonas and Peggy Jean Jonas.

Notary Public, State of Texas

LESSOR: CITY OF SAN ANGELO

BY: RICKY DICKSON Water Utilities Department


This instrument was acknowledged before me on the _____day of ________________, 2013

by Ricky Dickson, as Director of Water Utilities of the City of San Angelo, a Texas home rule municipal corporation, on behalf of said corporation.


City of San Angelo




Subject: Consent Item for September 17, 2013 Council Meeting


Caption: Consideration of approving a new lake lot residential lease with the following Lessee and authorizing the Mayor, City Manager, or Water Utilities Director to execute the same:

Dee Sims and Paula Sims, Lot 17, Group 9, Lake Nasworthy Subdivision

1906 South Concho Drive

Summary: Lessee requests a new 40 year lease necessary for financing purposes. Per Section 6.100(3)(B) Rent Escalation When New Lease is Required Before Termination, annual rent will be adjusted based on the number of years remaining on the term of the current lease or until December 31, 2016, whichever is later. Current lease states annual rent will be adjusted to appraised market value of land multiplied by a factor of 0.08 on October 1, 2019.

History: Lessee is in good standing as to all lease obligations.

Financial Impact: Current Lease expires: September 30, 2037

Current Yearly Lease Fee 2013-2016 $790.00 2017-2018 $948.00 2019-2036 Market Value New Lease expires: August 31, 2053

New Lease Fees: 2013-2016 $926.00 2017-2018 $1,111.00 2019-2052 Market Value

Related Vision Item (if applicable): None. Other Information/Recommendation: It is recommended that the lease renewal be approved and the Water Utilities Director be authorized to execute the lease. Staff recommends approval. Attachments: Lease Renewal Agreement (Dee Sims and Paula Sims) Presentation: None. Publication: None. Reviewed by Service Area Director: Ricky Dickson, Water Utilities Director, September 5,

2013. Reviewed by Office of City Attorney: Lysia H. Bowling, City Attorney, September 5, 2013

LAKE NASWORTHY RESIDENTIAL LOT LEASE This lease is made and entered into by and between the CITY OF SAN ANGELO, a Texas municipal corporation, ("Lessor"), whose address is 72 W. College Avenue, San Angelo, Tom Green County, Texas 76903, and Dee Sims and Paula Sims, husband and wife, whose address is 861 Hohmann, San Angelo, Tom Green County, Texas 76905 ("Lessee").

I. DEMISE OF LEASED PREMISES 1.1 In consideration of the mutual covenants, conditions and agreements set forth in this lease, Lessor hereby demises and leases to Lessee, and Lessee hereby accepts and leases from Lessor, the following described real property (hereinafter called "leased premises") situated in San Angelo, Tom Green County, Texas:

Surface Estate only in and to Lot 17, Group 9, Lake Nasworthy Subdivision, City of San Angelo, Tom Green County, Texas, according to the map or plat in Volume 2, Page 387, Plat Records, Tom Green County, Texas (also commonly known as 1906 South Concho Drive).

II. TERM, FEES AND RENT

FIXED COMMENCEMENT AND TERMINATION DATE

2.1 This lease is granted for a period of forty (40) years having an effective date beginning September 1, 2013 and ending August 31, 2053, in consideration of the initial payment of $150.00, which payment includes the granting fee, receipt of which payment is hereby acknowledged, and the further consideration of Lessee's payment of future annual rent in accordance with subsequent paragraphs hereof and Lessee's compliance with the stipulations and conditions hereinafter set forth.

TIME AND MANNER OF PAYMENT 2.2 Lessee shall pay annual rent to Lessor at the San Angelo Water Utilities Billing Department, 122 W. 1st Street, San Angelo, Texas, 76903, or at such other place as Lessor may from time to time designate by written notice to Lessee. Such rent shall be paid annually on or before October 1 during the term of this lease in accordance with the following schedule:

Dates Annual Rent

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

For the Years 2013 Through 2016 $926.00 For the Years 2017 For the Years 2019

Through 2018 Through 2052

$1,111.00 Market Value *

LESSEE:

Dee Sims and Paula Sims

DELINQUENT PAYMENTS

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

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

III. DEBTS RELATED TO LEASED PREMISES

UTILITIES 3.1 Any utility charges shall be paid in full by Lessee when due. Failure to pay such charges may be deemed a default at the option of Lessor.

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

WATER, SEWAGE, PAVING IMPROVEMENTS

3.3 In the event the Lessor lays sewer and/or water lines on, adjacent to or in the vicinity of the leased premises, Lessee agrees to pay the pro rata front-foot cost of laying said line or lines as established by and in accordance with city policies then in existence. 3.4 Lessee expressly agrees that if city water or sewer lines are ever located within 200 feet of the leased premises, Lessee will tie on to such service at its own expense at the price established for that specific Lake Nasworthy area. 3.5 In the event the Lessor institutes a paving program abutting the leased premises, Lessee shall pay his pro rata share of paving, curb and gutter costs pursuant to prevailing city policies.

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

V. USE OF LEASED PREMISES

CONSTRUCTION BY LESSEE

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

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

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

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

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

e. No outside toilets shall be constructed or maintained on leased premises, and all plumbing shall be connected with a sanitary sewer or with a septic tank which complies in all respects to all state, county and city sanitation regulations and requirements. No septic tank shall be placed, constructed, or maintained nearer than 75 feet to the 1,872.2 foot elevation line nor nearer than five (5) feet to any property line. All wastewater facilities shall conform to all of the City's wastewater ordinances, where applicable. No sewer or drain shall empty into the lake or be constructed so as to flow or wash into the lake. No concrete storm drains may be constructed without the prior approval of the Water Utilities Department, Zoning Board of Adjustment, Planning Commission and/or Council, as applicable.

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

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

h. No improvements or construction work of any kind, including but not limited to, houses, boathouses, piers, pump houses, water wells, storage buildings, fences, excavations, fills, and other types of structures or improvements, shall be built or performed on leased premises

without prior approval of the Water Utilities Department, Zoning Board of Adjustment, Planning Commission and/or Council, as applicable.

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

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

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

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

RESERVATIONS AND EASEMENTS

5.2 Lessor, its agents or assigns, reserves the privilege and right at any time to execute and deliver valid oil, gas and other mineral leases upon the leased premises, and valid right-of-way easements for gas, oil, water, or wastewater pipelines, telephone, telegraph or electric pole transmission lines on said premises, or any part thereof, and in such event this lease shall be subject and subordinate to the rights, terms and privileges of any such oil, gas and other mineral leases or such easements as may have been executed heretofore or hereafter by Lessor, its agents or assigns. An easement across leased premises is hereby retained by Lessor for the purpose of laying sewer and water lines and/or for necessary rights-of-way for roads, alleys or other throughways.

VI. ENCUMBRANCE OF LEASEHOLD ESTATE

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

covenants and obligations of this lease. The mortgagee under any such deed of trust or mortgage shall have the right to assume this lease and perform its terms and conditions to protect itself.

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

VII. CONDITION OF PREMISES

NO WARRANTY

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

AVAILABILITY AND USE OF LAKE WATER 7.2 Lessor in no way guarantees the accessibility of water to the leased premises nor the level of water in Lake Nasworthy. Lessee can use water from the lake, river, and/or wells on the premises for domestic purposes and water of existing trees and shrubs; but no water will be removed from the premises. Use of water for irrigation is expressly prohibited. Lessee shall use water in a conservative manner, and any abusive use of water shall be grounds for denying the use of water to the Lessee. Lessee shall pay the applicable water use charge as set by the Lessor, for water or raw water usage, as the case may be.

VIII. REPAIRS AND MAINTENANCE

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

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

IX. SUSPENSION OF PRIVILEGES

HEALTH MATTERS 9.1 It is expressly understood and agreed that Lessor may at any time, without notice to Lessee or any mortgagee, suspend or revoke any and all privileges granted herein for such length of time as in its sole judgment is necessary for the purpose of suppressing or arresting an epidemic of any contagious or infectious disease, or when, in its sole judgment, any suspension of privileges is necessary to protect the health of the water consumers of San Angelo, Texas. In the event privileges are suspended by Lessor, rent shall be prorated; and if the lease is revoked, Lessor shall pay Lessee an amount equal to the market value of any structures or improvements hereto made or erected on leased premises in compliance with the terms of this lease.

PUBLIC PURPOSES

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

X. RELEASE

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

XI. INDEMNIFICATION 11.1 LESSEE FURTHER AGREES FOR LESSEE AND LESSEE’S SUCCESORS IN INTEREST TO INDEMNIFY AND HOLD LESSOR, ITS OFFICERS, AGENTS, AND EMPLOYEES, FREE AND HARMLESS FROM ANY CLAIMS FOR DAMAGES OR INJURY, INCLUDING DEATH, TO PERSONS OR PROPERTY, OR ANY LIABILITY INCURRED AS A RESULT OF THE EXERCISE OF THE PRIVILEGES CONFERRED BY THIS LEASE, AND AGREES TO REIMBURSE LESSOR FOR ANY EXPENSES INCURRED IN THE DEFENSE OF ANY SUCH CLAIM, INCLUDING REASONABLE ATTORNEY'S FEES AND COURT COSTS ACTUALLY INCURRED. NOTHING HEREIN SHALL REQUIRE THE INDEMNIFYING PARTY TO INDEMNIFY, DEFEND OR HOLDHARMLESS ANY INDEMNIFIED PARTY FOR THE INDEMNIFIED PARTY’S OWN GROSS NEGLIGENCE OR WILLFUL MISCONDUCT. THIS INDEMNIFICATION SHALL SURVIVE THE TERM OF THIS LEASE AS LONG AS ANY LIABILITY COULD BE ASSERTED.

XII. TRANSFER, ASSIGNMENT, AND SUBLETTING

12.1 Lessee may not transfer or assign the leased premises, in whole or in part, without the prior written consent of the Lessor, which consent will not be unreasonably withheld. Lessee may not sublet the leased premises, in whole or in part, without the prior written consent of the Lessor. Any such transfer, assignment or sublease shall be evidenced in writing, properly executed and acknowledged by both parties thereto; a copy shall be delivered to Lessor and the original shall be recorded in the office of the County Clerk of Tom Green County, Texas. It is agreed, however, that each such transfer, assignment or sublease shall bind the transferee, assignee or sublessee to the obligations of Lessee to Lessor as set forth in this lease and shall not release Lessee from Lessee's obligations under the lease.

XIII. DEFAULT AND REMEDIES

DEFAULT 13.1 (a) Any breach of this lease by Lessee, other than the non-payment of rent, may result in irreparable damage to Lessor for which Lessor will not have an adequate remedy at law. If Lessee should default with respect to any of its obligations hereunder except with respect to the non-payment of rent, and should fail within 60 days after written notice of such default from the Lessor to cure such default, then Lessee agrees that that Lessor shall be entitled to immediately seek relief by action or proceeding at law for damages, for specific performance and injunction, without any requirement to post a bond or other security. (b) In addition to, and independent of, the provisions of subsection (a), above, should Lessee violate any provision of this Lease, other than the non-payment of rent, and fail or refuse to cure such violation within 60 days after written notice of such default from Lessor, then Lessor or Lessor’s agents may enter the premises as reasonably necessary to perform the work required as determined by Lessor to cure the default and the costs thereof shall be deemed to be additional rent, immediately due and payable upon written notice to Lessee of the sum of expenses, costs, and fees so incurred by Lessor, including an assessment for the cost related to Lessor’s employee time in curing the default, if any. LESSEE HEREBY WAIVES ANY CLAIM FOR TRESSPASS OR DAMAGES RELATING

TO LESSOR OR LESSOR’S AGENTS OR EMPLOYEES ENTRY ONTO THE LEASEHOLD PREMISES PURSUANT TO THE PROVSIONS OF THIS LEASE. (c) A breach of this lease by Lessee for non-payment of rent shall result in termination of this lease should Lessee within 60 days after written notice of default setting forth the amount past due fail to cure such default by making payment of the full amount due Lessor.

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

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

OTHER REMEDIES

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

(b) The remedies provided herein shall not be exclusive of other remedies. A failure by the Lessor to take action on any past violation shall not constitute a waiver of the Lessor’s right to take action on any subsequent violation.

XIV. MISCELLANEOUS

RELATIONSHIP OF LESSOR AND LESSEE

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

PARTIES BOUND

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

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

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

ENTIRE AGREEMENT/AMENDMENTS

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

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

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

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

REIMBURSEMENT OF LESSOR’S EXPENSES

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

NOTICES 14.10 All notices concerning this lease shall be in writing and delivered to the parties at the addresses below:

LESSOR: City of San Angelo

Attn: Water Utilities Director 72 W. College San Angelo, Texas 76903

SURVIVAL 14.11 Not withstanding anything to the contrary in this Agreement, the provisions of Parts X. RELESE, XI. INDEMNIFICAITON, and XIII. ABANDONMENT, DEFULT AND REMEDIES shall survive the expiration or termination of this Lease agreement (regardless of the manner or basis of termination) in accordance with their terms.

[Signature Page to Follow]

For the Years 2013 Through 2016 $9For the Years 2017 For the Years 2019

Through 2018 Through 2052

$1M

EXECUTED in duplicate originals on the _____day of _____________________, 2013 by: LESSEE

Dee Sims Paula Sims

STATE OF TEXAS § COUNTY OF TOM GREEN § This instrument was acknowledged before me on the _____day of ________________, 2013 by Dee Sims and Paula Sims.


CITY OF SAN ANGELO, LESSOR

BY: RICKY DICKSON Water Utilities Department


This instrument was acknowledged before me on the _____day of ________________, 2013 by Ricky Dickson, as Director of Water Utilities of the City of San Angelo, a Texas home rule municipal corporation, on behalf of said corporation.


City of San Angelo

Memo Date: June 25, 2013


From: Luis Elguezabal, A.A.E., Airport Director


Contact: Bryan Kendrick, Airport 325.659.6409 ext 1010

Caption: CONSENT: Consideration of authorizing the City Manager to execute a concession agreement and all related documents between the City and Avis Car Rental Group, LLC, in substantially the attached form, for a non-exclusive license to operate an automobile rental service at the San Angelo Regional Airport-Mathis Field

History: City staff received a request from Avis Rental Group LLS to renew the concession agreement for space used to supply an adequate number of late model automobiles that are in good mechanical condition and appearance for the operation of an automobile rental business at Airport at rates comparable to those generally prevailing in the San Angelo area. Because ground transportation is an essential service to Airport passengers and to other patrons of the Airport, it is the intent and desire of City Staff that air passengers have available to them, a choice of various ground transportation services, any one of which they shall have the right to select and use, including the automobile rental business operated and conducted by Concessionaire

Summary: This Concession Agreement is for a term of three (5) years beginning September 1, 2013, and expiring August 31, 2018. All of the terms and rates coincide with the airport’s approved rates and charges.

Financial Impact: Concessionaire agrees to pay to Lessor, for use of the demised premises and for the rights and privileges granted herein, a minimum guarantee of TWELVE THOUSAND DOLLARS ($12,000.00) a year or an amount equal to ten percent (10.0%) of Concessionaire's annual gross receipts, as defined herein, which are derived from its operation of automobile rental service at the Airport, whichever is greater

Related Vision Item Provide Adequate Amenities for the Airport.


Staff recommends approval

Attachments: Agreement

Presentation: None

Publication: None


Luis Elguezabal, A.A.E., Airport, 06-25-13

Approved by Legal: Submitted to City Attorney for Approval

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CONCESSION AGREEMENT

THIS CONCESSION AGREEMENT (hereinafter referred to as “Agreement”) is made and entered into by and between the CITY OF SAN ANGELO, a Texas home rule municipal corporation under the laws of the State of Texas, acting by and through its duly authorized City Manager (hereinafter referred to as "Lessor"), and AVIS CAR RENTAL GROUP, LLC, a Delaware Corporation authorized by the Secretary of State to conduct business in Texas, with its principal place of business located at 6 Sylvan Way, Parsippany, New Jersey 07054 (hereinafter referred to as "Concessionaire" or “Lessee”).

Lessor owns and operates the San Angelo Regional Airport-Mathis Field, located in Tom Green County, Texas (hereinafter called the "Airport"), and Concessionaire is engaged in an operation to supply an adequate number of late model automobiles that are in good mechanical condition and appearance for the operation of an automobile rental business at Airport at rates comparable to those generally prevailing in the San Angelo area. Because ground transportation is an essential service to Airport passengers and to other patrons of the Airport, it is the intent and desire of Lessor that air passengers have available to them, twenty-four (24) hours a day, seven days a week, a choice of various ground transportation services, any one of which they shall have the right to select and use, including the automobile rental business operated and conducted by Concessionaire.

For and in consideration of the premises and of the mutual terms, conditions and covenants of this Agreement, and other valuable consideration, Lessor does hereby demise and let unto Concessionaire, and Concessionaire does hereby lease and accept from Lessor, certain Airport property, together with improvements thereon (hereinafter called "demised premises"), and certain attendant privileges, uses and rights, as follows: 1. PREMISES AND PRIVILEGES

1.1 DESCRIPTION OF DEMISED PREMISES. The premises conveyed by this Concession Agreement shall be as follows:

1.1.1 Counter areas in the terminal building, as shown on the terminal building

floor plan, which is available for review in the office of the Airport Director; and

1.1.2 Ready car and return car check-in parking positions, which shall be

assigned and designated by the Airport Director. Lessor reserves the right to change the location and number of allocated spaces. It is further agreed that the passenger terminal parking lot will not be used for rental automobile or employee parking and Lessor may withdraw ready car spaces on a one-for-one basis for each rental or employee automobile that is observed in the public parking lot.

1.2 DESCRIPTION OF PRIVILEGES, USES AND RIGHTS. Lessor hereby grants

to Concessionaire the following privileges, uses and rights, all of which shall be subject to the terms, conditions and covenants hereinafter set forth:

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1.2.1 The right, non-exclusive license and privilege to operate an automobile rental service at the Airport for the purpose of renting automobiles to airline passengers and such other persons who may request such service at the Airport;

1.2.2 The right of ingress to and egress from the demised premises over and

across public roadways serving the passenger terminal building by Concessionaire, its agents and servants, patrons and invitees, suppliers of services and furnishers of material;

1.2.3 The right, at Concessionaire's sole expense, to install and thereafter

operate and maintain signs advertising Concessionaire's business on demised premises, and at such other place or places in or upon the Airport as may be mutually agreed upon by the parties hereto in compliance with the Sign Ordinance, Chapter 12, Article 12.600 et seq. of the Code of Ordinances of the City of San Angelo, Texas;

1.2.4 The right, upon any termination of this Agreement, and within a ten (10)

day period thereafter, to remove such items, equipment, trade fixtures, and other non-attached improvements as may have been installed in or upon the demised premises by the Concessionaire.

2. TERM

2.1 TERM. This Concession Agreement is for a term of five (5) years beginning September 1, 2013, and expiring August 31, 2018.

2.2 HOLDOVER. Any holding over by Concessionaire of the demised premises after

expiration of this Agreement shall be construed only as a tenancy from month to month, with privileges and obligations of parties extended from month to month, terminable at the will of Lessor. During this period, rent shall be in accordance with paragraph 3.1.

3. RENT

3.1 AMOUNT. For the period from September 1, 2013, through August 31, 2018,

Concessionaire agrees to pay to Lessor, for use of the demised premises and for the rights and privileges granted herein, a minimum guarantee of TWELVE THOUSAND DOLLARS ($12,000.00) a year or an amount equal to ten percent (10.0%) of Concessionaire's annual gross receipts, as defined herein, which are derived from its operation of automobile rental service at the Airport, whichever is greater. Payment of the gross receipt percentage or minimum guarantee, whichever is greater, shall be made monthly, prorated, on or before the 12th day of each month from and after commencement of operations hereunder. A verifiable report of all gross receipts derived from the business transacted by Concessionaire at the Airport during the preceding calendar month shall be submitted on forms acceptable to Lessor and shall be accompanied by payment to the Lessor of one twelfth (1/12) of the guaranteed annual minimum, to wit: ONE THOUSAND AND NO/100 DOLLARS ($1,000.00), or ten percent (10.0%) of

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the monthly gross receipts for the preceding calendar month, whichever amount is greater. The term "gross receipts", as used herein, shall mean and include time and mileage charges paid or payable to Concessionaire for rental of automobiles, whether received by cash or credit, regardless of when, where or through whom the order is received, including all revenue derived by Concessionaire arising out of or in connection with Concessionaire's operation at the Airport. The following items shall be excluded:

3.1.1 Charges to customers for refueling a vehicle when the customer is

obligated to return the vehicle with the same amount of fuel furnished;

3.1.2 Charges for collision damage waiver, personal accident insurance and personal effects coverage;

3.1.3 Refundable deposits except those forfeited and claimed by the

Concessionaire in lieu of rental charges;

3.1.4 Collections from customers or insurers for vehicle damage and repair;

3.1.5 Any federal, state or local taxes which are separately stated and collected by the Concessionaire; however, no deductions from gross receipts shall be allowed from taxes levied on concession activities, equipment or real or personal property of Concessionaire; and

3.1.6 Receipts from the sale of vehicles previously used in Concessionaire's

rental fleet.

3.2 PLACE OF PAYMENT. All fees and rentals shall be delivered to Lessor at: City of San Angelo Airport, 8618 Terminal Circle, Suite 101, San Angelo, Texas 76904, Attention: Airport Director.

3.3 LATE FEES. Concessionaire shall pay to Lessor a late fee as provided by

Chapter 1, Article 1.800, Section 1.802, and Appendix A, Article 10.00, Section 10.200 of the Code of Ordinances of the City of San Angelo, for any fee or rent not fully paid when due.

3.4 ABATEMENT OF MINIMUM ANNUAL GUARANTEE. As long as

Concessionaire is not in default of any of the terms and conditions of this Agreement, the minimum annual guarantee set forth above shall be abated on a monthly basis to the extent, in an amount, and for a term to be set by the Airport Advisory Board of the City of San Angelo at a meeting called for such purpose, if during the term hereof, through no fault of Concessionaire, either or both of the following conditions should occur:

3.4.1 The number of monthly passengers deplaning in a particular month on

scheduled airline flights at the Airport shall be less than seventy-five percent (75%) of the number of deplaning passengers as compared with the monthly average of deplaned passengers for that month in the preceding year, and/or

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3.4.2 The business of Concessionaire authorized hereunder shall be affected by

shortage or other disruptions in the supply of automobiles, gasoline or other goods necessary for the operation of Concessionaire's business which results in a twenty-five percent (25%) or greater reduction in monthly gross receipts of Concessionaire hereunder as compared with the same month during the preceding calendar year.

3.5 BOOKS AND RECORDS. Concessionaire agrees that it will keep or cause to be

kept true, accurate and complete records of business conducted hereunder, and Concessionaire further agrees that Lessor shall have the right, through its duly authorized agents or representatives to examine all pertinent records at a reasonable time, for the purpose of auditing to determine the accuracy thereof.

4. SPECIAL CONDITIONS. This Agreement is entered into subject to the following

conditions which are accepted and agreed to by Concessionaire:

4.1 PREMISES

4.1.1 The demised premises have been examined by Concessionaire, and are accepted by Concessionaire “AS IS” and WITHOUT EXPRESS OR IMPLIED WARRANTY OF FITNESS FOR A PARTICULAR PURPOSE. Concessionaire is familiar with the demised premises and Airport facilities and deems them as suitable for the purpose for operating an automobile rental service.

4.1.2 The right to use the public Airport facilities is shared in common with

others, and shall be used subject to all laws, rules, and regulations of the United States, the State of Texas, and the City of San Angelo, now in existence or hereafter enacted.

4.1.3 The right to operate an automobile rental service on Airport premises

granted herein is non-exclusive. Lessor shall have the right to deal with and perfect arrangements with any other individual, company or corporation for engaging in like activity on Airport premises subject to substantially the same conditions and terms binding Concessionaire herein.

4.1.4 The premises demised to Concessionaire shall remain open for such

periods during each day and such days during each week as may be necessary to meet reasonable demands for said services. Concessionaire may install on the demised premises or at such other places as the parties may agree upon, a direct telephone line for the purpose of supplying automobile rental service to airport patrons during the periods when the airport terminal facilities are closed.

4.1.5 Concessionaire shall permit the installation on its demised premises of the

Airport public address system and the reception thereon of flight

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announcements and other information if Lessor deems such installation necessary.

4.2 RULES AND REGULATIONS

4.2.1 Concessionaire shall abide by and be subject to all laws and reasonable

rules and regulations which are now, or may from time to time be formulated by Lessor concerning management, operation or use of the Airport.

4.2.2 Concessionaire shall not discriminate against any employee or applicant

for employment because of race, color, creed, sex, age or national origin. Concessionaire agrees to take affirmative action to ensure that applicants are employed and that employees are tested during employment without regard to their race, creed, color, sex, age or national origin. Such action shall include but not be limited to, the following: employment, upgrading, demotion or transfer, recruitment or recruitment advertising, layoff or termination, rates of pay or other forms of compensation and selection for training, including apprenticeship.

4.2.3 Concessionaire agrees to comply fully with the Americans with

Disabilities Act insofar as such act does not require construction or alteration of the premises.

4.2.4 Concessionaire shall prohibit its agents, servants, and employees from

engaging in the solicitation of its automobile rental services on or about the Airport in a loud, boisterous, offensive or objectionable manner. In the event of questionable conduct in such solicitation, the Airport Director shall be sole judge in determining if said conduct is a violation of this paragraph; and upon notice from the Airport Director, Concessionaire shall immediately take all steps necessary to eliminate the undesirable condition.

4.2.5 Concessionaire, its agents, servants and employees shall maintain a

friendly and cooperative, though competitive, relationship with other companies engaged in like business on said Airport. Concessionaire shall not engage in open public disputes, disagreements, or conflicts which would tend to deteriorate the quality of the automobile rental service of Concessionaire or its competitors or which would be incompatible with the best interest of the public at the Airport. Lessor shall have the right to resolve all such disputes, disagreements or conflicts, and its determination of or the manner in which Concessionaire shall thereafter operate shall be binding upon Concessionaire.

4.3 SERVICE

4.3.1 Concessionaire shall furnish good, prompt and efficient service, adequate

to meet all reasonable demands for automobile rental service at the

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Airport, on a fair and reasonable basis and charge prices for such services in accordance with automobile rental industry standards.

4.3.2 Concessionaire shall use its best efforts to develop and increase the

business of the rental of automobiles at the Airport and will not divert or cause or allow to be diverted any automobile rentals from its place of business at the Airport to any other location not at the Airport. Automobiles shall be deemed to be rented at the Airport and the rentals thereof included in gross revenues if the automobile is delivered to the customer at the Airport.

4.4 MAINTENANCE

4.4.1 Rental automobiles made available hereunder shall be maintained at

Concessionaire's sole expense, in good operative order, free from known mechanical defects, and in clean, neat and attractive condition, inside and outside.

4.4.2 Concessionaire shall, at its sole cost and expense, furnish, install, operate

and maintain the demised premises and every part thereof; and shall maintain the furnishings, fixtures and equipment installed therein in good safe and serviceable condition at leaset as well as the furnishings, fixtures and equipment installed in the non-exclusive areas made available to Concessionaire are maintained. Concessionaire shall repair all damages caused by its employees, guests or invitees, or that otherwise result from its operation of the automobile rental service. Concessionaire shall repaint the demised premises as necessary to maintain its current condition or as otherwise desirable, after obtaining prior approval of the Lessor.

4.4.3 Lessor shall be the sole judge of the quality of maintenance; and upon

written notice by Lessor to Concessionaire, Concessionaire shall perform whatever maintenance Lessor reasonably deems necessary. If said maintenance is not undertaken and pursued with due diligence by Concessionaire within ten (10) days after receipt of written notice, Lessor shall have the right to enter upon the demised premises and perform the necessary maintenance, the cost of which shall be assessed by Lessor as additional rent and borne by Concessionaire.

4.4.4 Upon termination of this Agreement, Concessionaire shall deliver the

demised premises in good order, condition and repair, reasonable wear and tear excepted.

4.4.5 Concessionaire shall provide and use suitable covered metal receptacles

for all garbage, trash or other refuse. Concessionaire shall not stack, store or keep boxes, cartons, barrels, or other similar items, in an unsightly or unsafe manner, on or about the demised premises, or permit the same.

4.5 COSTS AND FEES

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4.5.1 Concessionaire shall bear, at its own expense, all costs of operating the concession and shall pay, in addition to rental, all other costs connected with the use of the demised premises and facilities, including but not limited to, maintenance, insurance, any and all taxes, all permit fees and license fees, and assessments lawfully levied or assessed upon the personal property and demised premises or structures and improvements situated thereon.

4.5.2 Concessionaire shall secure, at its own expense, all permits and licenses

required by law.

4.5.3 Concessionaire shall pay and discharge all taxes, general and special assessments, and other charges of every description which during the term of this Agreement may be levied on or assessed against the demised premises and all interest therein and all improvements and other property thereon, whether belonging to Lessor or Concessionaire, or to which either of them may become liable. Concessionaire 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 CONCESSIONAIRE AGREES TO INDEMNIFY AND SAVE HARMLESS LESSOR FROM ALL SUCH TAXES, CHARGES AND ASSESSMENTS.

4.6 OTHER SALES

4.6.1 Concessionaire shall not sell or dispense petroleum products, or perform

motor vehicle repair services or related services on the Leased Premises; provided however, upon sufficient or desirable space being deemed available as determined by Lessor, the parties may negotiate and execute a separate lease agreement pursuant to which Concessionaire may lease space or facilities on the Airport premises for dispensing of petroleum products and servicing vehicles owned or controlled by Concessionaire that are used in conjunction with the automobile rental concession granted hereunde.

4.6.2 Concessionaire shall neither install nor operate on the demised premises

vending machines or coin operated amusement machines or devices. Lessor specifically reserves the right to arrange for installation of such pay telephones as Concessionaire may require and to secure the income therefrom.

4.6.3 Insofar as permitted by law, Concessionaire may offer trip insurance

covering, accidental loss of life, accidental injury, medical expenses, or property damage, limited only to customers leasing Concessionaire's vehicles and excluding air travel insurance protection.

4.6.4 Concessionaire shall not represent on the Airport premises in any fashion

any other automobile rental business, firm or affiliation. Specifically, Concessionaire shall not by advertisement, display, telephone number,

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telephone listing, contract, understanding or in any other manner represent itself as an agent, affiliate or representative on the Airport premises of another automobile rental business.

5. INSURANCE AND INDEMNIFICATION 5A. INSURANCE.

5.1 General Conditions. The following conditions shall apply to all insurance policies obtained by CONCESSIONAIRE for the purpose of complying with this Agreement.

5.1.1 Satisfactory Companies. Coverage shall be maintained with insurers and

under forms of policies satisfactory to City and with insurers licensed to do business in Texas.

5.1.2 Named Insureds. All insurance policies required herein shall be drawn in

the name of CONCESSIONAIRE, with City, its council members, board and commission members, officials, agents, guests, invitees, consultants and employees named as additional insureds, except on Workers’ Compensation coverage.

5.1.3 Waiver of Subrogation. CONCESSIONAIRE shall require its insurance carrier(s), with respect to all insurance policies, to waive all rights of subrogation against City, its council members, board and commission members, officials, agents, guests, invitees, consultants and employees. Lessor shall waive all claims against CONCESSIONAIRE for damages covered normally by Fire and Casualty damage insurance with standard extended coverage.

5.1.4 Certificates of Insurance. At or before the time of execution of this

Agreement, CONCESSIONAIRE shall furnish City’s Risk Manager with certificates of insurance as evidence that all of the policies required herein are in full force and effect and provide the required coverage and limits of insurance. All certificates of insurance shall clearly state that all applicable requirements have been satisfied. The certificates shall provide that any company issuing an insurance policy shall provide to City not less than thirty (30) days advance notice in writing of cancellation, non-renewal or material change in the policy of insurance. In addition, CONCESSIONAIRE and insurance company shall immediately provide written notice to City’s Risk Manager upon receipt of notice of cancellation of any insurance policy, or of a decision to terminate or alter any insurance policy. Copies of required endorsements will be attached to the certificates to confirm the required endorsements are in effect. Certificates of insurance and notices of cancellations, terminations or alterations shall be furnished to City’s Risk Manager at City Hall, 72 West College, San Angelo, Texas 76903.

5.1.5 CONCESSIONAIRE’S Liability. The procurement of such policy of

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insurance shall not be construed to be a limitation upon CONCESSIONAIRE’S liability or as a full performance on its part of the indemnification provisions of this Agreement. CONCESSIONAIRE’S obligations are, notwithstanding any policy of insurance, for the full and total amount of any damage, injury or loss caused by or attributable to its activities conducted at, about or upon the Premises. Failure of CONCESSIONAIRE to maintain adequate coverage shall not relieve CONCESSIONAIRE of any contractual responsibility or obligation.

5.1.6 Sub Contractors’ Insurance. CONCESSIONAIRE shall cause each Sub

Contractor of CONCESSIONAIRE to purchase and maintain insurance of the types and in the amounts specified below. CONCESSIONAIRE shall require Sub Contractors to furnish copies of certificates of insurance to Lessor’s Risk Management Department evidencing coverage for each Sub Contractor.

5.2 Types and Amounts of Insurance Required. CONCESSIONAIRE shall obtain

and continuously maintain in effect at all times during the term hereof, at CONCESSIONAIRE’S sole expense, insurance coverage as follows with limits not less than those set forth below:

5.2.1 Commercial General Liability or equivalent Aviation Liability. This

policy shall be an occurrence-type policy, and shall protect the CONCESSIONAIRE and additional insureds against all claims arising from bodily injury, sickness, disease or death of any person (other than the CONCESSIONAIRE’S employees) and damage to property of the City or others arising out of the act or omission of the CONCESSIONAIRE or its agents and employees. This policy shall also include protection against claims for the contractual liability assumed by CONCESSIONAIRE under the paragraph of this Agreement entitled “Indemnification,” including completed operations, products liability, contractual coverage, broad form property coverage, explosion, collapse, underground, premises/operations, and independent contractors (to remain in force for two years after final payment). Coverage shall not be less than:

$ 2,000,000.00 General Aggregate $ 1,000,000.00 Products- Completed Operations Aggregate $ 1,000,000.00 Personal & Advertising Injury $ 1,000,000.00 Each Occurrence $ 500,000.00 Fire Damage (any one fire)

5.2.2 Business Automobile Liability. This policy shall be written in

comprehensive form and shall protect CONCESSIONAIRE and the additional insureds against all claims for injuries to members of the public and damage to property of others arising from the use of motor vehicles and shall cover operation on and off the Premises of all motor vehicles licensed for highway use, whether they are owned, non-owned or hired. Coverage shall not be less than:

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$ 1,000,000.00 Combined Single Limit

5.2.3 Workers’ Compensation and Employer’s Liability. If CONCESSIONAIRE hires any employees, CONCESSIONAIRE shall maintain Workers’ Compensation and Employer’s Liability insurance, which shall protect the CONCESSIONAIRE against all claims under applicable state workers’ compensation laws and employer’s liability. The insured shall also be protected against claims for injury, disease or death of employees which, for any reason, may not fall within the provisions of a workers’ compensation law. Coverage shall not be less than:

Statutory Amount Workers’ Compensation $ 500.000.00 Employer’s Liability, Each Accident $ 500,000.00 Employer’s Liability, Disease - Policy

Limit $ 500,000.00 Employer’s Liability, Disease – Each

Employee

The foregoing requirement will not be applicable if, and so long as, CONCESSIONAIRE qualifies as a self-insurer under the rules and regulations of the commission or agency administering the workers’ compensation program in Texas and furnishes evidence of such qualification to Lessor in accordance with the notice provisions of this Agreement.

If CONCESSIONAIRE uses contract labor, CONCESSIONAIRE shall require its contractor to maintain the above referenced coverage and furnish copies of certificates of insurance as required herein.

5.2.4 Environmental Liability. This insurance shall be maintained in force for the full period of this Contract and cover losses caused by pollution conditions including, but not limited to, any spill, underground pollution or any other environmental impairment. It shall apply to bodily injury; property damage, including loss of use of damaged property or of property that has not been physically injured; cleanup costs; including, but not limited to, any costs required under CERCLA; and defense, including costs and expenses incurred in the investigation, defense, or settlement of claims. If coverage is written on a claims made basis, CONCESSIONAIRE warrants that any retroactive date applicable to coverage under the policy precedes the effective date of this Contract, and continuous coverage will be maintained or an extended discovery period will be exercised for a period of two (2) years beginning from the time the Contract has expired. Coverage shall not be less than:

$2,000,000.00 per loss $1,000,000.00 Annual aggregate

5.B INDEMNIFICATION.

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CONCESSIONAIRE AGREES TO INDEMNIFY, DEFEND, REIMBURSE AND HOLD CITY, ITS COUNCIL MEMBERS, BOARD AND COMMISSION MEMBERS, OFFICIALS, AGENTS, GUESTS, INVITEES, CONSULTANTS AND EMPLOYEES FREE AND HARMLESS FROM AND AGAINST ANY AND ALL CLAIMS, DEMANDS, PROCEEDINGS, SUITS, JUDGMENTS, COSTS, PENALTIES, FINES, DAMAGES, LOSSES, ATTORNEYS’ FEES AND EXPENSES ASSERTED BY ANY PERSON OR PERSONS, INCLUDING AGENTS OR EMPLOYEES OF CONCESSIONAIRE OR CITY, BY REASON OF DEATH OR INJURY TO PERSONS, OR LOSS OR DAMAGE TO PROPERTY, RESULTING FROM OR ARISING OUT OF, THE VIOLATION OF ANY LAW OR REGULATION OR IN ANY MANNER ATTRIBUTABLE TO ANY ACT OF COMMISSION, OMISSION, NEGLIGENCE OR FAULT OF CONCESSIONAIRE, ITS AGENTS OR EMPLOYEES, OR THE JOINT NEGLIGENCE OF CONCESSIONAIRE AND ANY OTHER ENTITY, AS A CONSEQUENCE OF ITS EXECUTION OR PERFORMANCE OF THIS AGREEMENT OR SUSTAINED IN OR UPON THE PREMISES, OR AS A RESULT OF ANYTHING CLAIMED TO BE DONE OR ADMITTED TO BE DONE BY CONCESSIONAIRE HEREUNDER. THIS INDEMNIFICATION SHALL SURVIVE THE TERM OF THIS AGREEMENT AS LONG AS ANY LIABILITY COULD BE ASSERTED. NOTHING HEREIN SHALL REQUIRE CONCESSIONAIRE TO INDEMNIFY, DEFEND OR HOLD HARMLESS ANY INDEMNIFIED PARTY FOR THE INDEMNIFIED PARTY’S OWN GROSS NEGLIGENCE OR WILLFUL MISCONDUCT.

6. DAMAGE OR DESTRUCTION OF PREMISES

6.1 If the demised premises are partially damaged by fire, explosion, the elements, public enemy, or other casualty, but not rendered untenantable, the same will be repaired with due diligence by Lessor at its own cost and expense.

6.2 If the damage shall be so extensive as to render such premises untenantable, but

capable of being repaired in thirty (30) days, the same shall be repaired with due diligence by Lessor at its own cost and expense and the rent payable herein shall be paid proportionately to the time of such damage and thereafter cease until such time as the premises are again tenantable.

6.3 In the event said premises are completely destroyed by fire, explosion, the

elements, public enemy or other casualty, or so damaged that they will remain untenantable for more than thirty (30) days, Lessor shall be under no obligation to repair and reconstruct the premises, and rent payable hereunder shall be paid proportionately to the time of such damage or destruction and shall thereafter cease until such time as the premises may be fully restored. If within twelve (12) months after the time of such damage or destruction said demised premises shall not have been repaired or reconstructed, Concessionaire may give Lessor written notice of its intention to terminate this Agreement effective from the date of such damage or destruction.

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7. TERMINATION OF AGREEMENT, CANCELLATION, ASSIGNMENT AND TRANSFER

7.1 TERMINATION. This Agreement shall terminate at the end of the full term or

any extension thereof, at which time Concessionaire shall have no further right or interest in any of the Premises, lands, areas, or improvements hereby demised, and the rights, privileges and license granted Concessionaire hereunder shall expire,

7.2 CANCELLATION BY CONCESSIONAIRE. This Agreement shall be subject to

cancellation by Concessionaire on the occurrence of one or more of the following events:

7.2.1 The permanent abandonment of the Airport as an air terminal;

7.2.2 The lawful assumption by the United States government or any authorized

agency thereof, of the operation, control, or use of the Airport, or any substantial part or parts thereof, in such a manner as to substantially restrict Concessionaire for a period of at least ninety (90) days from operation thereon;

7.2.3 Issuance, by any court of competent jurisdiction, of an injunction in any

way preventing or restraining the use of the Airport for commercial airline passenger travel for a period of at least ninety (90) days;

7.2.4 The default by Lessor in the performance of any covenant or agreement

herein required to be performed by Lessor and the failure of Lessor to remedy such default for a period of sixty (60) days after receipt from Concessionaire of written notice to remedy the same; or

7.2.5 The complete destruction of the demised premises as outlined in Article 6.

7.3 CANCELLATION BY LESSOR. This Agreement shall be subject to immediate

cancellation by Lessor in the event Concessionaire shall:

7.3.1 Be in arrears in the payment of the whole or any part of the amounts agreed upon in Article 3 for a period of seven (7) days after receipt of written notice from Lessor of such arrearage;

7.3.2 Abandon the demised premises by Concessionaire;

7.3.3 Default in the performance of any of the covenants and conditions

required herein (except rental payments) to be kept and performed by Concessionaire, and such default continues for a period of thirty (30) days after receipt of written notice from Lessor of said default; or

7.3.4 Be adjudged by Lessor of intent to deprive the Lessor of rental payments

due and payable under this Agreement or be guilty of repeated or

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continued violations of the covenants and conditions required herein to be kept and performed by Concessionaire.

7.4 RE-ENTRY BY LESSOR AND COVENANT NOT TO SUE. Upon termination

of this Agreement, Lessor may re-enter and take immediate possession of the demised premises and remove Concessionaire’s fixtures, equipment or effects, with or without process of law, without being deemed guilty of trespass. Lessor shall not be liable for any damages by reason of such re-entry or disposition of Concessionaire’s property. Concessionaire, on behalf of itself, its parents, subsidiaries, divisions, related companies, affiliated companies, licensees, independent contractors, assigns or other business related entities hereby unconditionally and irrevocably covenants to refrain from making any claim or demand or from commencing, causing, or permitting to be prosecuted any action in law or equity, against Lessor, or Lessor’s council members, board and commission members, officials, agents, contractors or employees relating directly or indirectly to Lessor’s re-entry upon the demised premises upon termination of this Agreement and Lessor’s taking possession of the demised premises as provided under this Part 7 “TERMINATION OF AGREEMENT, CANCELLATION, ASSIGNMENT AND TRANSFER”, to and including the removal and or disposal of Concessionaire’s personal property equipment and fixtures in Lessor’s discretion.

7.5 POSSESSION. Concessionaire agrees at the expiration or termination of this

Agreement to deliver possession peacefully to the Lessor or its agents or employees; and if it fails to give peaceful possession, Lessor may take forceful possession of demised premises and eject all parties therefrom without being guilty of trespass; all resulting damages are hereby waived by Concessionaire, and Concessionaire covenants not to claim or sue as hereinabove provided at subparagraph 7.4 “ENTRY BY LESSOR AND COVENANT NOT TO SUE”.

7.6 OTHER REMEDIES. Any termination of this Agreement arising from

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

7.7 REMOVAL OF IMPROVEMENTS. All equipment, machinery, trade fixtures

and other non-attached improvements installed on the demised premises by

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Concessionaire shall remain the property of Concessionaire and may be removed at the termination of this Agreement, provided Concessionaire is not then in default in the performance of any of its obligations or covenants herein contained, and provided further that such removal will do no damage to the realty upon which such items are situated. It is understood and agreed, however, that improvements shall be held by the Lessor until all rentals due Lessor by Concessionaire shall have been paid, and should any amount remain unpaid for more than thirty (30) days after termination of this Agreement, the Lessor shall have the right to sell such improvements and apply the proceeds to the amount due Lessor, with interest at the annual rate of ten percent (10%), and to any costs incident to the sale, and to pay the balance remaining, if any, to Concessionaire. All property remaining on the demised premises after the expiration of thirty (30) days following the termination of this Agreement, however terminated, shall be deemed abandoned by Concessionaire and shall become the property of Lessor.

7.8 ASSIGNMENT AND TRANSFER. Concessionaire shall not assign, transfer, or

sublease this Agreement or the rights or demised premises hereunder without the prior written approval of Lessor. Unless acknowledged and approved in writing by the Lessor, any change in the controlling interest of corporate stock ownership of Concessionaire or its parent company shall constitute grounds for immediate termination of this Agreement by Lessor.

8. COOPERATION UPON TERMINATION

8.1 Upon the termination of this Agreement, through passage of time or otherwise, Concessionaire shall facilitate Lessor in all reasonable ways in continuing the operation of said automobile rental service on the Airport without interruption.

8.2 Concessionaire further agrees to sell any or all of the Concessionaire’s furniture,

furnishings, fixtures and equipment installed or used upon said demised premises to Lessor should Lessor notify Concessionaire in writing ten (10) days before such termination date that it desires to purchase any or all of said furniture, furnishings, fixtures and equipment; and the purchase price shall be the fair market value of such items at the date of such termination. If the parties are unable to agree upon the fair market value, each party shall then appoint an appraiser; the two so appointed shall name a third appraiser; and the three appraisers so named shall determine the fair market value of such items, which determination shall be final and binding upon both parties hereto.

9. GENERAL PROVISIONS

9.1 CONFLICT BETWEEN CONCESSIONS. In the event of a conflict between Concessionaire and any other lessee or concessionaire in the Airport terminal building as to the services to be sold by respective concessionaires or lessees, Lessor shall decide which services may be sold by each concessionaire or lessee and Concessionaire agrees to be bound by such decision.

9.2 INSPECTION. Lessor, by its officers, employees, agents and representatives,

shall have the right at all reasonable times to enter upon the demised premises for

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the purpose of inspecting same, for observing the performance by Concessionaire of its obligations hereunder, and for the doing of any act which Lessor may be obligated or have the right to do under this Agreement.

9.3 ATTORNEY'S FEES. In the event any action, suit or proceeding is brought to

collect the rentals and fees, (or any portion thereof) due or to become due hereunder; to take possession of said concession space; to enforce compliance with this Agreement; or for failure to observe any of the covenants of this Agreement, Concessionaire shall pay Lessor such sum as the court may adjudge reasonable for attorney's fees to be allowed in said suit, action or proceeding.

9.4 RELATIONSHIP OF PARTIES. It is understood and agreed that nothing herein

contained is intended or should be construed as creating or establishing a relationship of agency, co-partnership or joint venture between the parties hereto, or as appointing or designating the Concessionaire as the agent, representative or employee of the Lessor for any purpose or in any manner whatsoever. Concessionaire is to be and shall remain an independent contractor with respect to all services performed hereunder.

9.5 NO WAIVER. Failure of Lessor to insist in any instance upon a strict

performance by Concessionaire of any of the provisions or terms of this Agreement shall not be considered as a waiver or relinquishment thereof for the future. No waiver by Lessor of any of the provisions or terms of this Agreement shall be deemed to have been made in any instance unless expressed in the form of a resolution by the City Council.

9.6 QUIET ENJOYMENT. Lessor agrees that Concessionaire, upon payment of rent

and all other charges and upon observation of all of the terms and conditions of this Agreement, shall lawfully and quietly hold, occupy, and enjoy the demised premises during the full term of this Agreement without hindrance from Lessor or anyone claiming by, through or under Lessor, subject, however, to Concessionaire holding and enjoying said premises under conditions which may reasonably be anticipated in connection with the operation of aircraft or an airport.

9.7 INVALID OR ILLEGAL PROVISIONS. If any one or more provisions of this

Agreement are for any reason held to be invalid, illegal or unenforceable in any respect, the invalidity, illegality or unenforceability will not affect any other provision of the Agreement, which will be construed as if it had not included the invalid, illegal or unenforceable provision.

9.8 PARAGRAPH HEADINGS. The paragraph headings contained herein are for

convenience and reference and are not intended to define, extend or limit the scope of any provision of this Agreement.

9.9 NOTICES. Any notice required or permitted under this Agreement shall be

deemed sufficiently given if it is in writing and personally delivered, sent by overnight express delivery service or deposited in the United States mail, postage prepaid and sent by registered or certified mail (return receipt requested) to the party to which said notice is to be given. Notices delivered in person, or by

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overnight express delivery service, shall be deemed to be served effective as of the date the notice is delivered. Notices sent by registered or certified mail (return receipt requested) shall be deemed to be served seventy-two (72) hours after the date said notice is postmarked to the addressee, postage prepaid.

Until changed by written notice given by one party to the other, the addresses of the parties shall be as follows:


San Angelo Municipal Airport Attn: Airport Director 8618 Terminal Circle, Suite 101

San Angelo, Texas 76904 With copies to: City Attorney’s Office 72 W. College San Angelo, Texas 76903

CONCESSIONAIRE: AVIS CAR RENTAL GROUP, LLC

Attn: Robert Bouta 6 Sylvan Way Parsippany, New Jersey 07054

With copies to: Bridget Biagas P.O. Box 612707 DFW Airport, Texas 75261

9.10 SUBORDINATION. This Agreement shall be subordinate to the provisions of any existing or future agreement between Lessor and the United States relative to the operation or maintenance of the Airport.

9.11 SUCCESSORS AND ASSIGNS. All of the terms, covenants and agreements

herein contained shall be binding upon and shall inure to the benefit of successors and assigns, provided Concessionaire has previously received written approval from Lessor in accordance with Paragraph 7.8 herein, to assign, transfer or sublease its rights and demised premises.

9.12 AMENDMENT. No amendment, modification or alteration of the terms hereof

shall be binding unless the same be in writing, dated subsequent to the date hereof and duly executed by the parties hereto or their respective successors or legal representatives.

9.13 VENUE. This Agreement is governed by the laws of the State of Texas. Venue

for any suit or claim or cause of action arising out of or related to this Agreement shall be in Tom Green County, Texas.

9.14 SURVIVAL OF REMEDIES. The provisions relating to keeping of books and

records, audit by Lessor, insurance, indemnity, hold harmless, re-entry by Lessor, cooperation of Concessionaire upon termination and applicable law and venue

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shall survive the expiration or termination of this Agreement to the extent needed to enable the Parties to pursue the remedies and benefits provided for in those provisions.

9.15 ENTIRE AGREEMENT. This Agreement constitutes and contains the entire

agreement between the parties hereto. Any oral representations or modifications hereinbefore or hereinafter made concerning this Agreement shall be of no force and effect, provided however, that this Agreement may be amended by the parties

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as provided herein. EXECUTED in duplicate originals on this the ____ day of _____________, 2013.

LESSOR CITY OF SAN ANGELO, Texas

ATTEST: By: _______________________________

Daniel Valenzuela, City Manager _____________________________ Alicia Ramirez, City Clerk THE STATE OF TEXAS § COUNTY OF TOM GREEN § This instrument was acknowledged before me on the ______ day of _______________, 2013, by DANIEL VALENZUELA, City Manager of the CITY OF SAN ANGELO, a Texas home rule municipal corporation, on behalf of said corporation.

___________________________________ Notary Public, State of Texas

CONCESSIONAIRE / LESSEE: AVIS CAR RENTAL GROUP, LLC

By: ______________________________ Its:

THE STATE OF TEXAS § COUNTY OF TOM GREEN § This instrument was acknowledged before me on the ______ day of ____________, 2012, by as for AVIS CAR RENTAL GROUP, LLC.

__________________________________ Notary Public, State of Texas

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Approved as to Content Approved as to Form ___________________________ __________________________________ Luis Elguezabal, Airport Director Dan T. Saluri, Sr. Assistant City Attorney

City of San Angelo

Memo Date: June 25, 2013


From: Luis Elguezabal, A.A.E., Airport Director


Contact: Bryan Kendrick, Airport 325.659.6409 ext 1010

Caption: CONSENT:

Consideration of authorizing the City Manager to execute a concession agreement and all related documents with Budget Rent A Car System, Inc., in substantially the attached form, for a non-exclusive license to operate an automobile rental service at the San Angelo Regional Airport-Mathis Field

History: City staff received a request from Budget Rent A Car System, Inc to renew the concession agreement for space used to supply an adequate number of late model automobiles that are in good mechanical condition and appearance for the operation of an automobile rental business at Airport at rates comparable to those generally prevailing in the San Angelo area. Because ground transportation is an essential service to Airport passengers and to other patrons of the Airport, it is the intent and desire of City Staff that air passengers have available to them, a choice of various ground transportation services, any one of which they shall have the right to select and use, including the automobile rental business operated and conducted by Concessionaire

Summary: This Concession Agreement is for a term of three (5) years beginning September 1, 2013, and expiring August 31, 2018. All of the terms and rates coincide with the airport’s approved rates and charges.

Financial Impact: Concessionaire agrees to pay to Lessor, for use of the demised premises and for the rights and privileges granted herein, a minimum guarantee of TWELVE THOUSAND DOLLARS ($12,000.00) a year or an amount equal to ten percent (10.0%) of Concessionaire's annual gross receipts, as defined herein, which are derived from its operation of automobile rental service at the Airport, whichever is greater

Related Vision Item Provide Adequate Amenities for the Airport.


Staff recommends approval

Attachments: Agreement

Presentation: None

Publication: None


Luis Elguezabal, A.A.E., Airport, 06-25-13

Approved by Legal: Submitted to City Attorney for Approval

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CONCESSION AGREEMENT

THIS CONCESSION AGREEMENT (hereinafter referred to as “Agreement”) is made and entered into by and between the CITY OF SAN ANGELO, a Texas home rule municipal corporation under the laws of the State of Texas, acting by and through its duly authorized City Manager (hereinafter referred to as "Lessor"), and Budget Rent A Car System, Inc., a Delaware Corporation authorized by the Secretary of State to conduct business in Texas, with its principal place of business located at 6 Sylvan Way, Parsippany, New Jersey 07054(hereinafter referred to as "Concessionaire" or “Lessee”).

Lessor owns and operates the San Angelo Regional Airport-Mathis Field, located in Tom Green County, Texas (hereinafter called the "Airport"), and Concessionaire is engaged in an operation to supply an adequate number of late model automobiles that are in good mechanical condition and appearance for the operation of an automobile rental business at Airport at rates comparable to those generally prevailing in the San Angelo area. Because ground transportation is an essential service to Airport passengers and to other patrons of the Airport, it is the intent and desire of Lessor that air passengers have available to them, twenty-four (24) hours a day, seven days a week, a choice of various ground transportation services, any one of which they shall have the right to select and use, including the automobile rental business operated and conducted by Concessionaire.

For and in consideration of the premises and of the mutual terms, conditions and covenants of this Agreement, and other valuable consideration, Lessor does hereby demise and let unto Concessionaire, and Concessionaire does hereby lease and accept from Lessor, certain Airport property, together with improvements thereon (hereinafter called "demised premises"), and certain attendant privileges, uses and rights, as follows: 1. PREMISES AND PRIVILEGES

1.1 DESCRIPTION OF DEMISED PREMISES. The premises conveyed by this Concession Agreement shall be as follows:

1.1.1 Counter areas in the terminal building, as shown on the terminal building

floor plan, which is available for review in the office of the Airport Director; and

1.1.2 Ready car and return car check-in parking positions, which shall be

assigned and designated by the Airport Director. Lessor reserves the right to change the location and number of allocated spaces. It is further agreed that the passenger terminal parking lot will not be used for rental automobile or employee parking and Lessor may withdraw ready car spaces on a one-for-one basis for each rental or employee automobile that is observed in the public parking lot.

1.2 DESCRIPTION OF PRIVILEGES, USES AND RIGHTS. Lessor hereby grants

to Concessionaire the following privileges, uses and rights, all of which shall be subject to the terms, conditions and covenants hereinafter set forth:

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1.2.1 The right, non-exclusive license and privilege to operate an automobile rental service at the Airport for the purpose of renting automobiles to airline passengers and such other persons who may request such service at the Airport;

1.2.2 The right of ingress to and egress from the demised premises over and

across public roadways serving the passenger terminal building by Concessionaire, its agents and servants, patrons and invitees, suppliers of services and furnishers of material;

1.2.3 The right, at Concessionaire's sole expense, to install and thereafter

operate and maintain signs advertising Concessionaire's business on demised premises, and at such other place or places in or upon the Airport as may be mutually agreed upon by the parties hereto in compliance with the Sign Ordinance, Chapter 12, Article 12.600 et seq. of the Code of Ordinances of the City of San Angelo, Texas;

1.2.4 The right, upon any termination of this Agreement, and within a ten (10)

day period thereafter, to remove such items, equipment, trade fixtures, and other non-attached improvements as may have been installed in or upon the demised premises by the Concessionaire.

2. TERM

2.1 TERM. This Concession Agreement is for a term of five (5) years beginning September 1, 2013, and expiring August 31, 2018.

2.2 HOLDOVER. Any holding over by Concessionaire of the demised premises after

expiration of this Agreement shall be construed only as a tenancy from month to month, with privileges and obligations of parties extended from month to month, terminable at the will of Lessor. During this period, rent shall be in accordance with paragraph 3.1.

3. RENT

3.1 AMOUNT. For the period from September 1, 2013, through August 31, 2018,

Concessionaire agrees to pay to Lessor, for use of the demised premises and for the rights and privileges granted herein, a minimum guarantee of TWELVE THOUSAND DOLLARS ($12,000.00) a year or an amount equal to ten percent (10.0%) of Concessionaire's annual gross receipts, as defined herein, which are derived from its operation of automobile rental service at the Airport, whichever is greater. Payment of the gross receipt percentage or minimum guarantee, whichever is greater, shall be made monthly, prorated, on or before the 12th day of each month from and after commencement of operations hereunder. A verifiable report of all gross receipts derived from the business transacted by Concessionaire at the Airport during the preceding calendar month shall be submitted on forms acceptable to Lessor and shall be accompanied by payment to the Lessor of one twelfth (1/12) of the guaranteed annual minimum, to wit: ONE THOUSAND AND NO/100 DOLLARS ($1,000.00), or ten percent (10.0%) of

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the monthly gross receipts for the preceding calendar month, whichever amount is greater. The term "gross receipts", as used herein, shall mean and include time and mileage charges paid or payable to Concessionaire for rental of automobiles, whether received by cash or credit, regardless of when, where or through whom the order is received, including all revenue derived by Concessionaire arising out of or in connection with Concessionaire's operation at the Airport. The following items shall be excluded:

3.1.1 Charges to customers for refueling a vehicle when the customer is

obligated to return the vehicle with the same amount of fuel furnished;

3.1.2 Charges for collision damage waiver, personal accident insurance and personal effects coverage;

3.1.3 Refundable deposits except those forfeited and claimed by the

Concessionaire in lieu of rental charges;

3.1.4 Collections from customers or insurers for vehicle damage and repair;

3.1.5 Any federal, state or local taxes which are separately stated and collected by the Concessionaire; however, no deductions from gross receipts shall be allowed from taxes levied on concession activities, equipment or real or personal property of Concessionaire; and

3.1.6 Receipts from the sale of vehicles previously used in Concessionaire's

rental fleet.

3.2 PLACE OF PAYMENT. All fees and rentals shall be delivered to Lessor at: City of San Angelo Airport, 8618 Terminal Circle, Suite 101, San Angelo, Texas 76904, Attention: Airport Director.

3.3 LATE FEES. Concessionaire shall pay to Lessor a late fee as provided by

Chapter 1, Article 1.800, Section 1.802, and Appendix A, Article 10.00, Section 10.200 of the Code of Ordinances of the City of San Angelo, for any fee or rent not fully paid when due.

3.4 ABATEMENT OF MINIMUM ANNUAL GUARANTEE. As long as

Concessionaire is not in default of any of the terms and conditions of this Agreement, the minimum annual guarantee set forth above shall be abated on a monthly basis to the extent, in an amount, and for a term to be set by the Airport Advisory Board of the City of San Angelo at a meeting called for such purpose, if during the term hereof, through no fault of Concessionaire, either or both of the following conditions should occur:

3.4.1 The number of monthly passengers deplaning in a particular month on

scheduled airline flights at the Airport shall be less than seventy-five percent (75%) of the number of deplaning passengers as compared with the monthly average of deplaned passengers for that month in the preceding year, and/or

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3.4.2 The business of Concessionaire authorized hereunder shall be affected by

shortage or other disruptions in the supply of automobiles, gasoline or other goods necessary for the operation of Concessionaire's business which results in a twenty-five percent (25%) or greater reduction in monthly gross receipts of Concessionaire hereunder as compared with the same month during the preceding calendar year.

3.5 BOOKS AND RECORDS. Concessionaire agrees that it will keep or cause to be

kept true, accurate and complete records of business conducted hereunder, and Concessionaire further agrees that Lessor shall have the right, through its duly authorized agents or representatives to examine all pertinent records at a reasonable time, for the purpose of auditing to determine the accuracy thereof.

4. SPECIAL CONDITIONS. This Agreement is entered into subject to the following

conditions which are accepted and agreed to by Concessionaire:

4.1 PREMISES

4.1.1 The demised premises have been examined by Concessionaire, and are accepted by Concessionaire “AS IS” and WITHOUT EXPRESS OR IMPLIED WARRANTY OF FITNESS FOR A PARTICULAR PURPOSE. Concessionaire is familiar with the demised premises and Airport facilities and deems them as suitable for the purpose for operating an automobile rental service.

4.1.2 The right to use the public Airport facilities is shared in common with

others, and shall be used subject to all laws, rules, and regulations of the United States, the State of Texas, and the City of San Angelo, now in existence or hereafter enacted.

4.1.3 The right to operate an automobile rental service on Airport premises

granted herein is non-exclusive. Lessor shall have the right to deal with and perfect arrangements with any other individual, company or corporation for engaging in like activity on Airport premises subject to substantially the same conditions and terms binding Concessionaire herein.

4.1.4 The premises demised to Concessionaire shall remain open for such

periods during each day and such days during each week as may be necessary to meet reasonable demands for said services. Concessionaire may install on the demised premises or at such other places as the parties may agree upon, a direct telephone line for the purpose of supplying automobile rental service to airport patrons during the periods when the airport terminal facilities are closed.

4.1.5 Concessionaire shall permit the installation on its demised premises of the

Airport public address system and the reception thereon of flight

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announcements and other information if Lessor deems such installation necessary.

4.2 RULES AND REGULATIONS

4.2.1 Concessionaire shall abide by and be subject to all laws and reasonable

rules and regulations which are now, or may from time to time be formulated by Lessor concerning management, operation or use of the Airport.

4.2.2 Concessionaire shall not discriminate against any employee or applicant

for employment because of race, color, creed, sex, age or national origin. Concessionaire agrees to take affirmative action to ensure that applicants are employed and that employees are tested during employment without regard to their race, creed, color, sex, age or national origin. Such action shall include but not be limited to, the following: employment, upgrading, demotion or transfer, recruitment or recruitment advertising, layoff or termination, rates of pay or other forms of compensation and selection for training, including apprenticeship.

4.2.3 Concessionaire agrees to comply fully with the Americans with

Disabilities Act insofar as such act does not require construction or alteration of the premises.

4.2.4 Concessionaire shall prohibit its agents, servants, and employees from

engaging in the solicitation of its automobile rental services on or about the Airport in a loud, boisterous, offensive or objectionable manner. In the event of questionable conduct in such solicitation, the Airport Director shall be sole judge in determining if said conduct is a violation of this paragraph; and upon notice from the Airport Director, Concessionaire shall immediately take all steps necessary to eliminate the undesirable condition.

4.2.5 Concessionaire, its agents, servants and employees shall maintain a

friendly and cooperative, though competitive, relationship with other companies engaged in like business on said Airport. Concessionaire shall not engage in open public disputes, disagreements, or conflicts which would tend to deteriorate the quality of the automobile rental service of Concessionaire or its competitors or which would be incompatible with the best interest of the public at the Airport. Lessor shall have the right to resolve all such disputes, disagreements or conflicts, and its determination of or the manner in which Concessionaire shall thereafter operate shall be binding upon Concessionaire.

4.3 SERVICE

4.3.1 Concessionaire shall furnish good, prompt and efficient service, adequate

to meet all reasonable demands for automobile rental service at the

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Airport, on a fair and reasonable basis and charge prices for such services in accordance with automobile rental industry standards.

4.3.2 Concessionaire shall use its best efforts to develop and increase the

business of the rental of automobiles at the Airport and will not divert or cause or allow to be diverted any automobile rentals from its place of business at the Airport to any other location not at the Airport. Automobiles shall be deemed to be rented at the Airport and the rentals thereof included in gross revenues if the automobile is delivered to the customer at the Airport.

4.4 MAINTENANCE

4.4.1 Rental automobiles made available hereunder shall be maintained at

Concessionaire's sole expense, in good operative order, free from known mechanical defects, and in clean, neat and attractive condition, inside and outside.

4.4.2 Concessionaire shall, at its sole cost and expense, furnish, install, operate

and maintain the demised premises and every part thereof; and shall maintain the furnishings, fixtures and equipment installed therein in good safe and serviceable condition at leaset as well as the furnishings, fixtures and equipment installed in the non-exclusive areas made available to Concessionaire are maintained. Concessionaire shall repair all damages caused by its employees, guests or invitees, or that otherwise result from its operation of the automobile rental service. Concessionaire shall repaint the demised premises as necessary to maintain its current condition or as otherwise desirable, after obtaining prior approval of the Lessor.

4.4.3 Lessor shall be the sole judge of the quality of maintenance; and upon

written notice by Lessor to Concessionaire, Concessionaire shall perform whatever maintenance Lessor reasonably deems necessary. If said maintenance is not undertaken and pursued with due diligence by Concessionaire within ten (10) days after receipt of written notice, Lessor shall have the right to enter upon the demised premises and perform the necessary maintenance, the cost of which shall be assessed by Lessor as additional rent and borne by Concessionaire.

4.4.4 Upon termination of this Agreement, Concessionaire shall deliver the

demised premises in good order, condition and repair, reasonable wear and tear excepted.

4.4.5 Concessionaire shall provide and use suitable covered metal receptacles

for all garbage, trash or other refuse. Concessionaire shall not stack, store or keep boxes, cartons, barrels, or other similar items, in an unsightly or unsafe manner, on or about the demised premises, or permit the same.

4.5 COSTS AND FEES

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4.5.1 Concessionaire shall bear, at its own expense, all costs of operating the concession and shall pay, in addition to rental, all other costs connected with the use of the demised premises and facilities, including but not limited to, maintenance, insurance, any and all taxes, all permit fees and license fees, and assessments lawfully levied or assessed upon the personal property and demised premises or structures and improvements situated thereon.

4.5.2 Concessionaire shall secure, at its own expense, all permits and licenses

required by law.

4.5.3 Concessionaire shall pay and discharge all taxes, general and special assessments, and other charges of every description which during the term of this Agreement may be levied on or assessed against the demised premises and all interest therein and all improvements and other property thereon, whether belonging to Lessor or Concessionaire, or to which either of them may become liable. Concessionaire 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 CONCESSIONAIRE AGREES TO INDEMNIFY AND SAVE HARMLESS LESSOR FROM ALL SUCH TAXES, CHARGES AND ASSESSMENTS.

4.6 OTHER SALES

4.6.1 Concessionaire shall not sell or dispense petroleum products, or perform

motor vehicle repair services or related services on the Leased Premises; provided however, upon sufficient or desirable space being deemed available as determined by Lessor, the parties may negotiate and execute a separate lease agreement pursuant to which Concessionaire may lease space or facilities on the Airport premises for dispensing of petroleum products and servicing vehicles owned or controlled by Concessionaire that are used in conjunction with the automobile rental concession granted hereunde.

4.6.2 Concessionaire shall neither install nor operate on the demised premises

vending machines or coin operated amusement machines or devices. Lessor specifically reserves the right to arrange for installation of such pay telephones as Concessionaire may require and to secure the income therefrom.

4.6.3 Insofar as permitted by law, Concessionaire may offer trip insurance

covering, accidental loss of life, accidental injury, medical expenses, or property damage, limited only to customers leasing Concessionaire's vehicles and excluding air travel insurance protection.

4.6.4 Concessionaire shall not represent on the Airport premises in any fashion

any other automobile rental business, firm or affiliation. Specifically, Concessionaire shall not by advertisement, display, telephone number,

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telephone listing, contract, understanding or in any other manner represent itself as an agent, affiliate or representative on the Airport premises of another automobile rental business.

5. INSURANCE AND INDEMNIFICATION 5A. INSURANCE.

5.1 General Conditions. The following conditions shall apply to all insurance policies obtained by CONCESSIONAIRE for the purpose of complying with this Agreement.

5.1.1 Satisfactory Companies. Coverage shall be maintained with insurers and

under forms of policies satisfactory to City and with insurers licensed to do business in Texas.

5.1.2 Named Insureds. All insurance policies required herein shall be drawn in

the name of CONCESSIONAIRE, with City, its council members, board and commission members, officials, agents, guests, invitees, consultants and employees named as additional insureds, except on Workers’ Compensation coverage.

5.1.3 Waiver of Subrogation. CONCESSIONAIRE shall require its insurance carrier(s), with respect to all insurance policies, to waive all rights of subrogation against City, its council members, board and commission members, officials, agents, guests, invitees, consultants and employees. Lessor shall waive all claims against CONCESSIONAIRE for damages covered normally by Fire and Casualty damage insurance with standard extended coverage.

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5.1.4 Certificates of Insurance. At or before the time of execution of this Agreement, CONCESSIONAIRE shall furnish City’s Risk Manager with certificates of insurance as evidence that all of the policies required herein are in full force and effect and provide the required coverage and limits of insurance. All certificates of insurance shall clearly state that all applicable requirements have been satisfied. The certificates shall provide that any company issuing an insurance policy shall provide to City not less than thirty (30) days advance notice in writing of cancellation, non-renewal or material change in the policy of insurance. In addition, CONCESSIONAIRE and insurance company shall immediately provide written notice to City’s Risk Manager upon receipt of notice of cancellation of any insurance policy, or of a decision to terminate or alter any insurance policy. Copies of required endorsements will be attached to the certificates to confirm the required endorsements are in effect. Certificates of insurance and notices of cancellations, terminations or alterations shall be furnished to City’s Risk Manager at City Hall, 72 West College, San Angelo, Texas 76903.

5.1.5 CONCESSIONAIRE’S Liability. The procurement of such policy of

insurance shall not be construed to be a limitation upon CONCESSIONAIRE’S liability or as a full performance on its part of the indemnification provisions of this Agreement. CONCESSIONAIRE’S obligations are, notwithstanding any policy of insurance, for the full and total amount of any damage, injury or loss caused by or attributable to its activities conducted at, about or upon the Premises. Failure of CONCESSIONAIRE to maintain adequate coverage shall not relieve CONCESSIONAIRE of any contractual responsibility or obligation.

5.1.6 Sub Contractors’ Insurance. CONCESSIONAIRE shall cause each Sub

Contractor of CONCESSIONAIRE to purchase and maintain insurance of the types and in the amounts specified below. CONCESSIONAIRE shall require Sub Contractors to furnish copies of certificates of insurance to Lessor’s Risk Management Department evidencing coverage for each Sub Contractor.

5.2 Types and Amounts of Insurance Required. CONCESSIONAIRE shall obtain

and continuously maintain in effect at all times during the term hereof, at CONCESSIONAIRE’S sole expense, insurance coverage as follows with limits not less than those set forth below:

5.2.1 Commercial General Liability or equivalent Aviation Liability. This

policy shall be an occurrence-type policy, and shall protect the CONCESSIONAIRE and additional insureds against all claims arising from bodily injury, sickness, disease or death of any person (other than the CONCESSIONAIRE’S employees) and damage to property of the City or others arising out of the act or omission of the CONCESSIONAIRE or its agents and employees. This policy shall also include protection against claims for the contractual liability assumed by CONCESSIONAIRE under the paragraph of this Agreement entitled “Indemnification,” including

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completed operations, products liability, contractual coverage, broad form property coverage, explosion, collapse, underground, premises/operations, and independent contractors (to remain in force for two years after final payment). Coverage shall not be less than:

$ 2,000,000.00 General Aggregate $ 1,000,000.00 Products- Completed Operations Aggregate $ 1,000,000.00 Personal & Advertising Injury $ 1,000,000.00 Each Occurrence $ 500,000.00 Fire Damage (any one fire)

5.2.2 Business Automobile Liability. This policy shall be written in

comprehensive form and shall protect CONCESSIONAIRE and the additional insureds against all claims for injuries to members of the public and damage to property of others arising from the use of motor vehicles and shall cover operation on and off the Premises of all motor vehicles licensed for highway use, whether they are owned, non-owned or hired. Coverage shall not be less than:

$ 1,000,000.00 Combined Single Limit

5.2.3 Workers’ Compensation and Employer’s Liability. If

CONCESSIONAIRE hires any employees, CONCESSIONAIRE shall maintain Workers’ Compensation and Employer’s Liability insurance, which shall protect the CONCESSIONAIRE against all claims under applicable state workers’ compensation laws and employer’s liability. The insured shall also be protected against claims for injury, disease or death of employees which, for any reason, may not fall within the provisions of a workers’ compensation law. Coverage shall not be less than:

Statutory Amount Workers’ Compensation $ 500.000.00 Employer’s Liability, Each Accident $ 500,000.00 Employer’s Liability, Disease - Policy

Limit $ 500,000.00 Employer’s Liability, Disease – Each

Employee

The foregoing requirement will not be applicable if, and so long as, CONCESSIONAIRE qualifies as a self-insurer under the rules and regulations of the commission or agency administering the workers’ compensation program in Texas and furnishes evidence of such qualification to Lessor in accordance with the notice provisions of this Agreement.

If CONCESSIONAIRE uses contract labor, CONCESSIONAIRE shall require its contractor to maintain the above referenced coverage and furnish copies of certificates of insurance as required herein.

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5.2.4 Environmental Liability. This insurance shall be maintained in force for the full period of this Contract and cover losses caused by pollution conditions including, but not limited to, any spill, underground pollution or any other environmental impairment. It shall apply to bodily injury; property damage, including loss of use of damaged property or of property that has not been physically injured; cleanup costs; including, but not limited to, any costs required under CERCLA; and defense, including costs and expenses incurred in the investigation, defense, or settlement of claims. If coverage is written on a claims made basis, CONCESSIONAIRE warrants that any retroactive date applicable to coverage under the policy precedes the effective date of this Contract, and continuous coverage will be maintained or an extended discovery period will be exercised for a period of two (2) years beginning from the time the Contract has expired. Coverage shall not be less than:

$2,000,000.00 per loss $1,000,000.00 Annual aggregate

5.B INDEMNIFICATION.

CONCESSIONAIRE AGREES TO INDEMNIFY, DEFEND, REIMBURSE AND HOLD CITY, ITS COUNCIL MEMBERS, BOARD AND COMMISSION MEMBERS, OFFICIALS, AGENTS, GUESTS, INVITEES, CONSULTANTS AND EMPLOYEES FREE AND HARMLESS FROM AND AGAINST ANY AND ALL CLAIMS, DEMANDS, PROCEEDINGS, SUITS, JUDGMENTS, COSTS, PENALTIES, FINES, DAMAGES, LOSSES, ATTORNEYS’ FEES AND EXPENSES ASSERTED BY ANY PERSON OR PERSONS, INCLUDING AGENTS OR EMPLOYEES OF CONCESSIONAIRE OR CITY, BY REASON OF DEATH OR INJURY TO PERSONS, OR LOSS OR DAMAGE TO PROPERTY, RESULTING FROM OR ARISING OUT OF, THE VIOLATION OF ANY LAW OR REGULATION OR IN ANY MANNER ATTRIBUTABLE TO ANY ACT OF COMMISSION, OMISSION, NEGLIGENCE OR FAULT OF CONCESSIONAIRE, ITS AGENTS OR EMPLOYEES, OR THE JOINT NEGLIGENCE OF CONCESSIONAIRE AND ANY OTHER ENTITY, AS A CONSEQUENCE OF ITS EXECUTION OR PERFORMANCE OF THIS AGREEMENT OR SUSTAINED IN OR UPON THE PREMISES, OR AS A RESULT OF ANYTHING CLAIMED TO BE DONE OR ADMITTED TO BE DONE BY CONCESSIONAIRE HEREUNDER. THIS INDEMNIFICATION SHALL SURVIVE THE TERM OF THIS AGREEMENT AS LONG AS ANY LIABILITY COULD BE ASSERTED. NOTHING HEREIN SHALL REQUIRE CONCESSIONAIRE TO INDEMNIFY, DEFEND OR HOLD HARMLESS ANY INDEMNIFIED PARTY FOR THE INDEMNIFIED PARTY’S OWN GROSS NEGLIGENCE OR WILLFUL MISCONDUCT.

6. DAMAGE OR DESTRUCTION OF PREMISES

6.1 If the demised premises are partially damaged by fire, explosion, the elements, public enemy, or other casualty, but not rendered untenantable, the same will be repaired with due diligence by Lessor at its own cost and expense.

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6.2 If the damage shall be so extensive as to render such premises untenantable, but

capable of being repaired in thirty (30) days, the same shall be repaired with due diligence by Lessor at its own cost and expense and the rent payable herein shall be paid proportionately to the time of such damage and thereafter cease until such time as the premises are again tenantable.

6.3 In the event said premises are completely destroyed by fire, explosion, the

elements, public enemy or other casualty, or so damaged that they will remain untenantable for more than thirty (30) days, Lessor shall be under no obligation to repair and reconstruct the premises, and rent payable hereunder shall be paid proportionately to the time of such damage or destruction and shall thereafter cease until such time as the premises may be fully restored. If within twelve (12) months after the time of such damage or destruction said demised premises shall not have been repaired or reconstructed, Concessionaire may give Lessor written notice of its intention to terminate this Agreement effective from the date of such damage or destruction.

7. TERMINATION OF AGREEMENT, CANCELLATION, ASSIGNMENT AND

TRANSFER

7.1 TERMINATION. This Agreement shall terminate at the end of the full term or any extension thereof, at which time Concessionaire shall have no further right or interest in any of the Premises, lands, areas, or improvements hereby demised, and the rights, privileges and license granted Concessionaire hereunder shall expire,

7.2 CANCELLATION BY CONCESSIONAIRE. This Agreement shall be subject to

cancellation by Concessionaire on the occurrence of one or more of the following events:

7.2.1 The permanent abandonment of the Airport as an air terminal;

7.2.2 The lawful assumption by the United States government or any authorized

agency thereof, of the operation, control, or use of the Airport, or any substantial part or parts thereof, in such a manner as to substantially restrict Concessionaire for a period of at least ninety (90) days from operation thereon;

7.2.3 Issuance, by any court of competent jurisdiction, of an injunction in any

way preventing or restraining the use of the Airport for commercial airline passenger travel for a period of at least ninety (90) days;

7.2.4 The default by Lessor in the performance of any covenant or agreement

herein required to be performed by Lessor and the failure of Lessor to remedy such default for a period of sixty (60) days after receipt from Concessionaire of written notice to remedy the same; or

7.2.5 The complete destruction of the demised premises as outlined in Article 6.

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7.3 CANCELLATION BY LESSOR. This Agreement shall be subject to immediate

cancellation by Lessor in the event Concessionaire shall:

7.3.1 Be in arrears in the payment of the whole or any part of the amounts agreed upon in Article 3 for a period of seven (7) days after receipt of written notice from Lessor of such arrearage;

7.3.2 Abandon the demised premises by Concessionaire;

7.3.3 Default in the performance of any of the covenants and conditions

required herein (except rental payments) to be kept and performed by Concessionaire, and such default continues for a period of thirty (30) days after receipt of written notice from Lessor of said default; or

7.3.4 Be adjudged by Lessor of intent to deprive the Lessor of rental payments

due and payable under this Agreement or be guilty of repeated or continued violations of the covenants and conditions required herein to be kept and performed by Concessionaire.

7.4 RE-ENTRY BY LESSOR AND COVENANT NOT TO SUE. Upon termination

of this Agreement, Lessor may re-enter and take immediate possession of the demised premises and remove Concessionaire’s fixtures, equipment or effects, with or without process of law, without being deemed guilty of trespass. Lessor shall not be liable for any damages by reason of such re-entry or disposition of Concessionaire’s property. Concessionaire, on behalf of itself, its parents, subsidiaries, divisions, related companies, affiliated companies, licensees, independent contractors, assigns or other business related entities hereby unconditionally and irrevocably covenants to refrain from making any claim or demand or from commencing, causing, or permitting to be prosecuted any action in law or equity, against Lessor, or Lessor’s council members, board and commission members, officials, agents, contractors or employees relating directly or indirectly to Lessor’s re-entry upon the demised premises upon termination of this Agreement and Lessor’s taking possession of the demised premises as provided under this Part 7 “TERMINATION OF AGREEMENT, CANCELLATION, ASSIGNMENT AND TRANSFER”, to and including the removal and or disposal of Concessionaire’s personal property equipment and fixtures in Lessor’s discretion.

7.5 POSSESSION. Concessionaire agrees at the expiration or termination of this

Agreement to deliver possession peacefully to the Lessor or its agents or employees; and if it fails to give peaceful possession, Lessor may take forceful possession of demised premises and eject all parties therefrom without being guilty of trespass; all resulting damages are hereby waived by Concessionaire, and Concessionaire covenants not to claim or sue as hereinabove provided at subparagraph 7.4 “ENTRY BY LESSOR AND COVENANT NOT TO SUE”.

7.6 OTHER REMEDIES. Any termination of this Agreement arising from

Concessionaire's default shall not relieve Concessionaire from the payment of any

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

7.7 REMOVAL OF IMPROVEMENTS. All equipment, machinery, trade fixtures

and other non-attached improvements installed on the demised premises by Concessionaire shall remain the property of Concessionaire and may be removed at the termination of this Agreement, provided Concessionaire is not then in default in the performance of any of its obligations or covenants herein contained, and provided further that such removal will do no damage to the realty upon which such items are situated. It is understood and agreed, however, that improvements shall be held by the Lessor until all rentals due Lessor by Concessionaire shall have been paid, and should any amount remain unpaid for more than thirty (30) days after termination of this Agreement, the Lessor shall have the right to sell such improvements and apply the proceeds to the amount due Lessor, with interest at the annual rate of ten percent (10%), and to any costs incident to the sale, and to pay the balance remaining, if any, to Concessionaire. All property remaining on the demised premises after the expiration of thirty (30) days following the termination of this Agreement, however terminated, shall be deemed abandoned by Concessionaire and shall become the property of Lessor.

7.8 ASSIGNMENT AND TRANSFER. Concessionaire shall not assign, transfer, or

sublease this Agreement or the rights or demised premises hereunder without the prior written approval of Lessor. Unless acknowledged and approved in writing by the Lessor, any change in the controlling interest of corporate stock ownership of Concessionaire or its parent company shall constitute grounds for immediate termination of this Agreement by Lessor.

8. COOPERATION UPON TERMINATION

8.1 Upon the termination of this Agreement, through passage of time or otherwise, Concessionaire shall facilitate Lessor in all reasonable ways in continuing the operation of said automobile rental service on the Airport without interruption.

8.2 Concessionaire further agrees to sell any or all of the Concessionaire’s furniture,

furnishings, fixtures and equipment installed or used upon said demised premises to Lessor should Lessor notify Concessionaire in writing ten (10) days before such termination date that it desires to purchase any or all of said furniture,

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furnishings, fixtures and equipment; and the purchase price shall be the fair market value of such items at the date of such termination. If the parties are unable to agree upon the fair market value, each party shall then appoint an appraiser; the two so appointed shall name a third appraiser; and the three appraisers so named shall determine the fair market value of such items, which determination shall be final and binding upon both parties hereto.

9. GENERAL PROVISIONS

9.1 CONFLICT BETWEEN CONCESSIONS. In the event of a conflict between Concessionaire and any other lessee or concessionaire in the Airport terminal building as to the services to be sold by respective concessionaires or lessees, Lessor shall decide which services may be sold by each concessionaire or lessee and Concessionaire agrees to be bound by such decision.

9.2 INSPECTION. Lessor, by its officers, employees, agents and representatives,

shall have the right at all reasonable times to enter upon the demised premises for the purpose of inspecting same, for observing the performance by Concessionaire of its obligations hereunder, and for the doing of any act which Lessor may be obligated or have the right to do under this Agreement.

9.3 ATTORNEY'S FEES. In the event any action, suit or proceeding is brought to

collect the rentals and fees, (or any portion thereof) due or to become due hereunder; to take possession of said concession space; to enforce compliance with this Agreement; or for failure to observe any of the covenants of this Agreement, Concessionaire shall pay Lessor such sum as the court may adjudge reasonable for attorney's fees to be allowed in said suit, action or proceeding.

9.4 RELATIONSHIP OF PARTIES. It is understood and agreed that nothing herein

contained is intended or should be construed as creating or establishing a relationship of agency, co-partnership or joint venture between the parties hereto, or as appointing or designating the Concessionaire as the agent, representative or employee of the Lessor for any purpose or in any manner whatsoever. Concessionaire is to be and shall remain an independent contractor with respect to all services performed hereunder.

9.5 NO WAIVER. Failure of Lessor to insist in any instance upon a strict

performance by Concessionaire of any of the provisions or terms of this Agreement shall not be considered as a waiver or relinquishment thereof for the future. No waiver by Lessor of any of the provisions or terms of this Agreement shall be deemed to have been made in any instance unless expressed in the form of a resolution by the City Council.

9.6 QUIET ENJOYMENT. Lessor agrees that Concessionaire, upon payment of rent

and all other charges and upon observation of all of the terms and conditions of this Agreement, shall lawfully and quietly hold, occupy, and enjoy the demised premises during the full term of this Agreement without hindrance from Lessor or anyone claiming by, through or under Lessor, subject, however, to Concessionaire

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holding and enjoying said premises under conditions which may reasonably be anticipated in connection with the operation of aircraft or an airport.

9.7 INVALID OR ILLEGAL PROVISIONS. If any one or more provisions of this

Agreement are for any reason held to be invalid, illegal or unenforceable in any respect, the invalidity, illegality or unenforceability will not affect any other provision of the Agreement, which will be construed as if it had not included the invalid, illegal or unenforceable provision.

9.8 PARAGRAPH HEADINGS. The paragraph headings contained herein are for

convenience and reference and are not intended to define, extend or limit the scope of any provision of this Agreement.

9.9 NOTICES. Any notice required or permitted under this Agreement shall be

deemed sufficiently given if it is in writing and personally delivered, sent by overnight express delivery service or deposited in the United States mail, postage prepaid and sent by registered or certified mail (return receipt requested) to the party to which said notice is to be given. Notices delivered in person, or by overnight express delivery service, shall be deemed to be served effective as of the date the notice is delivered. Notices sent by registered or certified mail (return receipt requested) shall be deemed to be served seventy-two (72) hours after the date said notice is postmarked to the addressee, postage prepaid.

Until changed by written notice given by one party to the other, the addresses of the parties shall be as follows:


San Angelo Municipal Airport Attn: Airport Director 8618 Terminal Circle, Suite 101

San Angelo, Texas 76904 With copies to: City Attorney’s Office 72 W. College San Angelo, Texas 76903

CONCESSIONAIRE: BUDGET RENT A CAR SYSTEM, INC.

Attn: Robert Bouta 6 Sylvan Way Parsippany, New Jersey 07054

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With copies to: Bridget Biagas Director of Properties P.O. Box 612707 DFW Airport, Texas 75261

9.10 SUBORDINATION. This Agreement shall be subordinate to the provisions of any existing or future agreement between Lessor and the United States relative to the operation or maintenance of the Airport.

9.11 SUCCESSORS AND ASSIGNS. All of the terms, covenants and agreements

herein contained shall be binding upon and shall inure to the benefit of successors and assigns, provided Concessionaire has previously received written approval from Lessor in accordance with Paragraph 7.8 herein, to assign, transfer or sublease its rights and demised premises.

9.12 AMENDMENT. No amendment, modification or alteration of the terms hereof

shall be binding unless the same be in writing, dated subsequent to the date hereof and duly executed by the parties hereto or their respective successors or legal representatives.

9.13 VENUE. This Agreement is governed by the laws of the State of Texas. Venue

for any suit or claim or cause of action arising out of or related to this Agreement shall be in Tom Green County, Texas.

9.14 SURVIVAL OF REMEDIES. The provisions relating to keeping of books and

records, audit by Lessor, insurance, indemnity, hold harmless, re-entry by Lessor, cooperation of Concessionaire upon termination and applicable law and venue shall survive the expiration or termination of this Agreement to the extent needed to enable the Parties to pursue the remedies and benefits provided for in those provisions.

9.15 ENTIRE AGREEMENT. This Agreement constitutes and contains the entire

agreement between the parties hereto. Any oral representations or modifications hereinbefore or hereinafter made concerning this Agreement shall be of no force and effect, provided however, that this Agreement may be amended by the parties

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as provided herein. EXECUTED in duplicate originals on this the ____ day of _____________, 2013.

LESSOR CITY OF SAN ANGELO, Texas

ATTEST: By: _______________________________

Daniel Valenzuela, City Manager _____________________________ Alicia Ramirez, City Clerk THE STATE OF TEXAS § COUNTY OF TOM GREEN § This instrument was acknowledged before me on the ______ day of _______________, 2013, by DANIEL VALENZUELA, City Manager of the CITY OF SAN ANGELO, a Texas home rule municipal corporation, on behalf of said corporation.

___________________________________ Notary Public, State of Texas

CONCESSIONAIRE / LESSEE: BUDGET RENT A CAR SYSTEM, INC.

By: ______________________________ Its:

THE STATE OF TEXAS § COUNTY OF TOM GREEN § This instrument was acknowledged before me on the ______ day of ____________, 2012, by as for BUDGET RENT A CAR SYSTEM, INC.

__________________________________ Notary Public, State of Texas

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Approved as to Content Approved as to Form ___________________________ __________________________________ Luis Elguezabal, Airport Director Dan T. Saluri, Sr. Assistant City Attorney

City of San Angelo

Memo Date: Sept. 3, 2013


From: Angelica Pena, Civic Events Manager Manager

Subject: Agenda Item for September. 17, 2013, Council Meeting

Contact: Angelica Pena, Civic Events Manager

Caption: Consent Item

Consideration of approving the continuation of a City Policy providing for paid time off for City employees who contribute a “care share”, a “double care share”, or greater to United Way campaign in 2014.

Summary: The City of San Angelo encourages its employees to contribute to the United Way campaign because of the resulting benefits to the community. As a result, City management would like to continue an incentive to employees who make significant contributions to the campaign. History: The United Way raises approximately $2 million annually that is used to support 17 local programs, including the Concho Valley Regional Food Bank, San Angelo Day Nursery, Children’s Emergency Shelter, and the Adult Enrichment Center. Those served by United Way-supported programs include the elderly, abused and neglected children, and battered women. There is no doubt the services funded by the United Way campaign have far-reaching, life-transforming impacts in our community. The City of San Angelo is among the most important organizations to the United Way’s annual campaign. Last year, the City raised $95,763 and the previous year raised $97,818. The City is interested in seeing that the organization grow its contribution to the United Way effort. In hopes of encouraging City employees to donate to the campaign, the City of San Angelo United Way committee proposes continuing to give a day off to employees who pledge a “care share” contribution, which is the equivalent of one hour’s pay each month and to continue to give two days off to employees who pledge a “double care share” contribution, the equivalent of two hours’ pay each month; or greater. This “United Way Day” must be taken in the calendar year the donation was made. “United Way Days” are not carried over to the new year. Upon separation, the City does not pay an employee for accrued United Way time.

Financial Impact: In 2013, the United Way received an estimated $81,265.39 from contributions eligible for this benefit.

Number of Contributions* Eligible United Way Contributions

Care Share 174 $ 40,576.03

Double Care Share 70 $ 31,001.12

Front Runners 8 $ 9,688.24

Total Eligible United Way Contributions $ 81,265.39

*Note: The number of care share, double care share, and front runner contributions were estimated to remain the same from 2013 to 2014.

The City of San Angelo’s cost to continue this benefit would be approximately $84,381.75

Number of Contributions Cost of One Day Off for Eligible Contributions

Care Share 174 $ 42,207.59

Double Care Share 70 $ 35,523.20

Front Runners 8 $ 6,650.96

Total Cost of One Day Off for Eligible Contributions $ 84,381.75

Other Information/Recommendation: None.

Attachments: None. Presentation: None.



City of San Angelo

Memo Date: 8/13/13


From: Tim Vasquez, Chief of Police


Contact: Chief Tim Vasquez, 657-4336

Caption: Consent Agenda Item

Consideration of authorizing the City Manager to execute an Interlocal Agreement for E9-1-1 Public Safety Answering Point Services with the Concho Valley Council of Governments for the operation of 9-1-1 services in Tom Green County pursuant to the Regional Planning Commission (RPC) strategic plan

Summary: The Interlocal agreement is a Memorandum of Understanding between the City of San Angelo (local government) and the Concho Valley Council of Governments (RPC). The RPC has developed a strategic plan to establish and operate 9-1-1 service in State Planning Region 10, and the Commission of State emergency Communications has approved its current strategic plan.

History: The City of San Angelo Public Safety Answering Point assists the RPC in

implementing their strategic plan for operation of 9-1-1 services in Tom Green County. The MOU is reviewed every two years. This agreement will be in effect from 9/1/13 until 8/31/15.

Financial Impact: There is no additional financial impact to the City of San Angelo.

Other Information/Recommendation: Staff recommends approval of the stated caption. Attachments: Interlocal Agreement Presentation: none Reviewed by Service Area Director: Chief Tim Vasquez, Police Department, 8/13/13

Rev 07/01/13

INTERLOCAL AGREEMENT FOR E9-1-1 PUBLIC SAFETY ANSWERING POINT SERVICES

Article 1: Parties & Purpose

1.1 The Concho Valley Council of Governments is a regional planning commission and political subdivision of the State of Texas organized and operating under the Texas Regional Planning Act of 1965, as amended, Chapter 391 of the Local Government Code (RPC). The RPC has developed a Strategic Plan to establish and operate 9-1-1 service (Strategic Plan) in State Planning Region 10 (Region), and the Commission on State Emergency Communications (Commission) has approved its current Strategic Plan. 1.2 City of San Angelo (Local Government) is a home rule municipality of the State of Texas, that operates Public Safety Answering Points (PSAP) that assists in implementing the Strategic Plan as approved by the Commission. 1.3 The Commission, as authorized by Health & Safety Code, Chapter 771, is the oversight and funding authority for regional planning commissions implementing 9-1-1 service. 1.4 The Contract for 9-1-1 Services between the Commission and the RPC requires the RPC to execute interlocal agreements with local governments relating to the planning, development, operation, and provision of 9-1-1 service, the use of wireline and wireless 9-1-1 fees and equalization surcharge appropriated to the Commission and granted to the RPC (9-1-1 Funds) and adherence to Applicable Law.

Article 2: Applicable Law 2.1 Applicable laws include, but are not limited to, the Texas Health and Safety Code Chapter 771; Commission Rules (Title 1, Part 12, Texas Administrative Code) and Program Policy Statements; the biennial state General Appropriations Act, Texas Government Code (including Uniform Grant and Contract Management Standards [UGMS]), Chapter 783 and Title 1, Part 1, Chapter 5, Subchapter A, Division 4, Texas Administrative Code; Preservation and Management of Local Government Records Act, Chapter 441, Subchapter J; and Resolution of Certain Contract Claims Against the State, Chapter 2260); Texas Local Government Code (including Regional Planning Commissions Act, Chapter 391). 2.2 Any new or amended policy or procedure, other than an adopted rule, shall be enforceable against the Local Government 30 days following the date of its adoption unless the RPC finds and declares that an emergency exists which requires that such policy or procedure be enforceable immediately. The RPC shall provide the Local Government written notice of all new or amended policies, procedures or interpretations of Commission rules within a reasonable time after adoption, and in any event at least

Rev. 07/01/13 2

10 days prior to the time such policies or procedures are enforceable against the Local Government.

Article 3: Deliverables

3.1 The Local Government agrees to:

3.1.1 Operate and maintain the San Angelo Communications Center located at 323 E. Beauregard and the San Angelo Emergency Operations Center located at 8485 Hanger Road, San Angelo, Texas PSAPs. 3.1.2 Provide 9-1-1 public safety answering service 24 hours per day, seven days per week; and 3.1.3 Cooperate with the RPC in providing and maintaining suitable PSAP space meeting all technical requirements.

3.2 Ownership, Transference & Disposition of Equipment

3.2.1. The RPC and the Local Government shall comply with Applicable Law, in regards to the ownership, transfer of ownership, and/or control of equipment acquired with 9-1-1 Funds in connection with the provision of 9-1-1 service (9-1-1 equipment). 3.2.2 The RPC shall establish ownership of all 9-1-1 equipment located within the Local Government’s jurisdiction. The RPC agrees to transfer ownership to the Local Government according to established policy. 3.2.3 The Local Government shall ensure that sufficient controls and security exist by which to protect and safeguard the 9-1-1 equipment against loss, damage or theft. 3.2.4 Ownership and transfer-of-ownership documents shall be prepared by the RPC and signed by both parties upon establishing ownership or transference of ownership of any such 9-1-1 equipment in accordance with UGMS and the State Comptroller of Public Accounts. Sample forms are provided as Attachments A and B to this Agreement. 3.2.5 Replacement insurance on 9-1-1 equipment shall be purchased and maintained by City of San Angelo and proof of insurance shall be provided upon request. 3.2.6 The RPC and/or the Commission shall be reimbursed by the Local Government for any damage to 9-1-1 equipment other than ordinary wear and tear.

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3.3 Inventory

3.3.1 The RPC shall maintain a current inventory of all 9-1-1 equipment consistent with Applicable Law; 3.3.2 All 9-1-1 equipment shall be tagged with identification labels. 3.3.3 Any lost or stolen 9-1-1 equipment shall be reported to the RPC as soon as possible.

3.4 Security

3.4.1 The Local Government shall limit access to all 9-1-1 equipment and related data only to authorized personnel.

3.5 Training

3.5.1 The Local Government shall notify the RPC of any new 9-1-1 call takers and schedule for applicable training as soon as possible.

3.6 Operations The Local Government shall:

3.6.1 Designate a PSAP supervisor and provide related contact information to the RPC; 3.6.2 Monitor and test the 9-1-1 equipment monthly and report any failures or maintenance issues immediately to the appropriate maintenance vendor and the RPC; 3.6.3 Coordinate with the RPC and local elected officials in the planning for and implementation and operation of all 9-1-1 equipment; 3.6.4 Allow 24-hour access to the 9-1-1 equipment for repair and maintenance service, as required; 3.6.5 Assist the RPC in conducting inspections of all 9-1-1 equipment at the PSAP as identified by the RPC for quality assurance; 3.6.6 Test all Telecommunications Devices for the Deaf (TDD) for proper operation; 3.6.7 Log all TDD 9-1-1 calls and equipment testing as required by the Americans with Disabilities Act of 1990;

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3.6.8 Trouble Tickets will be opened with the appropriate maintenance vendor and reported to the RPC as required by the RPC; 3.6.9 Make NO changes to 9-1-1 equipment, software or programs without prior written consent from the RPC.

Article 4: Performance Monitoring

4.1 The RPC and the Commission reserve the right to perform on-site monitoring of the PSAP(s) for compliance with Applicable Law and performance of the deliverables specified in this Agreement. The Local Government agrees to fully cooperate with all monitoring requests from the RPC and/or the Commission for such purposes.

Article 5: Procurement

5.1 The RPC and the Local Government agree to use competitive procurement practices and procedures required by Applicable Law and RPC procurement policies in connection with any procurement to be funded with 9-1-1 Funds. 5.2 The RPC shall purchase supplies necessary for performance of the deliverables per this Agreement.

Article 6: Financial

6.1 As authorized by Applicable Law, the provisioning of 9-1-1 service throughout the Region is funded by Commission grants of appropriated 9-1-1 Funds. 6.2 The RPC will provide 9-1-1 Funds to the Local Government on a cost reimbursement basis using a monitoring process that provides assurance that the reimbursement requests from the Local Government are complete, accurate, and appropriate. 6.3 The RPC may withhold, decrease, or seek reimbursement of 9-1-1 Funds in the event that those 9-1-1 Funds were used in noncompliance with Applicable Law. 6.4 The Local Government shall reimburse the RPC and/or the Commission, as applicable, any 9-1-1 Funds used in noncompliance with Applicable Law. 6.5 Such reimbursement of 9-1-1 Funds to the RPC and/or the Commission, as applicable, shall be made by the Local Government within 60 days after demand by the RPC, unless an alternative repayment plan is approved by the RPC and then submitted to the Commission for approval.

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6.6 The Local Government commits to providing 9-1-1 services as a condition to receiving 9-1-1 Funds as prescribed by the RPC’s Strategic Plan and any amendments thereto.

Article 7: Records

7.1 The Local Government will maintain adequate fiscal records and supporting documentation of all 9-1-1 Funds reimbursed to the Local Government for 9-1-1 service consistent with Applicable Law and generally accepted accounting principles and as approved in the RPC’s current approved Strategic Plan; 7.2 The RPC or its duly authorized representative shall have access to and the right to examine and audit all books, accounts, records, files, and/or other papers or property pertaining to the 9-1-1 service belonging to or in use by the Local Government, the PSAP, or by any other entity that has performed or will perform services related to this Agreement. 7.3 The Commission and State Auditor’s Office shall have the same access and examination rights as the RPC.

Article 8: Assignment

8.1 The Local Government may not assign its rights or subcontract its duties under this Agreement. An attempted assignment or subcontract in violation of this paragraph is void.

Article 9: Nondiscrimination and Equal Opportunity

9.1 The RPC and the Local Government shall not exclude anyone from participating under this Agreement, deny anyone benefits under this Agreement, or otherwise unlawfully discriminate against anyone in carrying out this Agreement because of race, color, religion, sex, age, disability, handicap, or national origin.

Article 10: Dispute Resolution

10.1 Disputes include, but are not limited to, disagreement between the parties about the meaning or application of the Strategic Plan, the Applicable Law or policy, or this Agreement. 10.2 The parties desire to resolve disputes without litigation. Accordingly, if a dispute arises, the parties agree to attempt in good faith to resolve the dispute between them. To this end, the parties agree not to sue one another, except to enforce compliance with this Article 10, until they have exhausted the procedures set out in this Article 10. 10.3 At the written request of either party, each party shall appoint one non-lawyer representative to negotiate informally and in good faith to resolve any dispute arising

Rev. 07/01/13 6

between the parties. The representatives appointed shall determine the location, format, frequency, and duration of the negotiations. 10.4 If the representatives cannot resolve the dispute within 30 calendar days after the first negotiation meeting, the parties agree to submit the dispute to a mutually designated legal mediator. Each party shall pay one-half the total fee and expenses for conducting the mediation. 10.5 The parties agree to continue performing their duties under this Agreement, which are unaffected by the dispute, during the negotiation and mediation process. 10.6 If mediation does not resolve the parties’ dispute, the parties may pursue their legal and equitable remedies.

Article 11: Suspension for Unavailability of Funds

11.1 In the event that (i) the RPC’s approved budget and/or appropriations to the Commission from the Texas Legislature do not permit or otherwise appropriate funds for reimbursement to Local Government provided for in this Agreement, and (ii) such lack of permission or non-appropriation shall not have resulted from any act or failure to act on the part of the RPC, and (iii) the RPC has exhausted all funds legally available for reimbursement to Local Government, and no other legal procedure shall exist whereby payment hereunder can be made to Local Government; and (iv) RPC has negotiated in good faith with Local Government to develop an alternative payment schedule or new agreement that will accommodate RPC’s approved budget and/or appropriations for the applicable period, then RPC will not be obligated to reimburse the Local Government for the applicable budget year(s). 11.2 Each Party making any payment hereunder must make the payment from current revenues available to the paying Party; and, the payment obligations of the Parties to this Agreement are conditioned upon the availability of such funds.

Article 12: Notice to Parties

12.1 Notice under this Agreement must be in writing and received by the party against whom it is to operate. Notice is received by a party (1) when it is delivered to the party personally; or (2) on the date shown on the return receipt if mailed by registered or certified mail, return receipt requested, to the party’s address specified in this Article and signed on behalf of the party. 12.2 The RPC’s address is: Concho Valley Council of Governments 2801 W. Loop 306, Suite A San Angelo, TX 76904

Rev. 07/01/13 7

The Local Government’s address is: City of San Angelo Daniel Valenzuela, City Manager 72 W. College San Angelo, Texas 76903 12.3 A party may change its address by providing notice of the change in accordance with paragraph 12.1.

Article 13: Effective Date and Term

13.1 This Agreement is effective as of September 1, 2013 and shall terminate on August 31, 2015. 13.2 In the event of default in the performance of this Agreement, the non-defaulting party may terminate this Agreement after providing written notice of the default to the defaulting party, and the failure of the defaulting party to cure said default within 30 calendar days of said notice. 13.3 If this Agreement is terminated for any reason, the RPC shall not be liable to the Local Government for any damages, claims, losses, or any other amounts arising from or related to any such termination.

Article 14: Force Majeure

14.1 The RPC may grant relief from performance of the Agreement if the Local Government is prevented from performance by act of war, order of legal authority, act of God, or other unavoidable cause not attributable to the fault or negligence of the Local Government. The burden of proof for the need of such relief shall rest upon the Local Government. To obtain release based on force majeure, the Local Government shall file a written request with the RPC.

Article 15: Confidentiality

15.1 The parties will comply with the Texas Public Information Act, Government Code, Chapter 552 as interpreted by judicial opinions and opinions of the Attorney General of the State of Texas. This Agreement and all data and other information generated or otherwise obtained in its performance may be subject to the Texas Public Information Act. The parties agree to maintain the confidentiality of information received during the performance of this Agreement. 15.2 The Local Government or its duly authorized representative will notify the RPC upon receipt of any requests for information.

Rev. 07/01/13 8

Article 16: Indemnification

16.1 To the extent authorized by law, each party agrees to indemnify the other and agrees to defend its governing body members, officers and employees, against any claim, suit or administrative proceeding, and to indemnify them against any liability including all costs, expenses, and reasonable attorney’s fees incurred arising out of an act or omission of the governing body, any officer, employee or agent in carrying out this Agreement.

Article 17. Historically Underutilized Business Requirements

17.1 The Local Government shall comply with requirements of Chapter 2261 of the Government Code regarding Historically Underutilized Businesses.

Article 18: Miscellaneous

18.1 For purposes of this Agreement, terms not specifically defined herein are defined in the Applicable Laws. 18.2 Each individual signing this Agreement on behalf of a party warrants that he or she is legally authorized to do so, and that the party is legally authorized to perform the obligations undertaken. 18.3 This Agreement constitutes the entire agreement between the parties and supersedes any and all oral or written agreements between the parties relating to matters herein. An amendment to this Agreement is not effective unless in writing and signed by both parties. 18.4 All parties agree that should any provision of this Agreement be determined to be invalid or unenforceable, such determination shall not affect the term of this Agreement, which shall continue in full force and effect. 18.5 The following Attachments are part of this Agreement:

Attachment A.1 Ownership Agreement for San Angelo Communications Center Attachment B.1 Transfer of Ownership Form Attachment A.2 Ownership Agreement for San Angelo EOC Attachment B.2 Transfer of Ownership Form Attachment C Scope of Work Attachment D PSAP Operations Performance Measures and Monitoring Attachment E Commission Documents – Legislation, Rules and Program Policy

Statements 18.6 This Agreement is binding on, and to the benefit of, the parties’ successors in interest.

Rev. 07/01/13 9

18.7 This Agreement is executed in duplicate originals. Concho Valley Council of Governments City of San Angelo By: By: Printed Name: Jeffrey K. Sutton Printed Name: Daniel Valenzuela Title: Executive Director Title: City Manager Date: Date: APPROVED AS TO CONTENT APPROVED AS TO FORM Tim Vasquez, Chief of Police Dan T. Saluri, Sr. Assistant City Attorney

Rev. 07/01/13 10

Attachment A:1 San Angelo Communications Center Ownership Agreement

As stipulated in Article 3 of the Agreement, the RPC shall establish ownership of all 9-1-1 equipment located within the Local Government’s jurisdiction. The RPC hereby establishes all 9-1-1 equipment located at San Angelo

Communications Center (PSAP Name), in Tom Green County, to be the property of

City of San Angelo, hereinafter referred to as “Owner”. [Provide separately for each

PSAP.]

Following is an itemized listing of 9-1-1 equipment hereby defined as the property of Owner. [Attach equipment inventory list.] Concho Valley Council of Governments City of San Angelo By: By: Printed Name: Jeffrey K. Sutton Printed Name: Daniel Valenzuela Title: Executive Director Title: City Manager Date: 07/15/13 Date:

Rev. 07/01/13 11

Attachment B1: San Angelo Communications Center

Transfer of Ownership Form As stipulated is Article 3 of the Agreement between Concho Valley Council of Governments (RPC) and City of San Angelo (Local Government), the RPC shall document all transfers of ownership of 9-1-1 equipment between the RPC and the Local Government. Location of equipment to be at San Angelo Public Safety Communications (County PSAP). Indicate the appropriate classification: _X__Transfer ____Disposition ____Lost Please provide the following information in as much detail as possible. 9-1-1 CPE Equipment- Positron Viper-Power 9-1-1 7 Position Host Vendor: CenturyLink (purchased with CSEC Funds) Serial Number: 9-1-1 CPE Equipment: See Attached Equipment List

Acquisition Date: August 31, 2007 Invoice Number: I102100229

Acquisition Cost: $159,841 Purchase Order Number: TGEOC5623-07

9-1-1 Front Room Up-Grade CPE Equipment- Positron Viper-Power 9-1-1 Vendor: CenturyLink (purchased with CSEC Funds) Serial Number: 9-1-1 CPE Equipment: See Attached Equipment List

Acquisition Date: July 06, 2011 Invoice Number: M042500109

Acquisition Cost: $138,649 Purchase Order Number: AG11 0687

9-1-1 Recorder- ExaCom Recorder purchased by COSA with a CVCOG Cost-Share Vendor: Dailey Wells (Cost-Share purchased with CSEC Funds) Inventory Number: SRL# 0909/0815

Acquisition Date: February 08, 2008 Invoice Number: S012573 (COSA)

Cost-Share: $25,000 Purchase Order Number: COSA Invoice

Rev. 07/01/13 12

9-1-1 UPS- MGE Galaxy 3000 UPS- Purchased by COSA with a CVCOG Cost-Share Vendor: Critical Site Solutions (Cost-Share purchased with CSEC Funds) Inventory/Serial Number: A08-10038

Acquisition Date: November 13, 2007 Invoice Number:


NetClock Purchased by COSA with a CVCOG Cost-Share Vendor: Spectracom (Cost-Share purchased with CSEC Funds) Inventory/Serial Number: 01570

Acquisition Date: February 10, 2009 Invoice Number: M-13042 (COSA)


A/C Purchased by COSA (total price $6,895) with a CVCOG Cost-Share ($3,448) Vendor: Bowles Heating & Cooling (Cost-Share purchased with CSEC Funds) Inventory/Serial Number: NA

Acquisition Date: February 26, 2009 Invoice Number: 14291 (COSA)


Rev. 07/01/13 13

Attachment B2: San Angelo Communications Center

Transfer of Ownership Form (continued) Action Recommended by: _____________________________________ Jeffrey K. Sutton, Executive Director Date: _____07/15/13_____________________ Comments: In compliance with Article 3.2 of this Interlocal Agreement Approved: __ __Yes _____No Proceeds, if any: ______$0______________ Approved by: _______________________________________________ Daniel Valenzuela, Manager, City of San Angelo Date: ____________________________ Disposed or Lost Property shall require approval by the agency head. Reviewed by: _______________________________________________ Jeffrey K. Sutton, CVCOG Executive Director Date: ______________________________________

Rev. 07/01/13 14

Attachment A:2 San Angelo Emergency Operations Center (EOC) Ownership Agreement

As stipulated in Article 3 of the Agreement, the RPC shall establish ownership of all 9-1-1 equipment located within the Local Government’s jurisdiction. The RPC hereby establishes all 9-1-1 equipment located at San Angelo Emergency

Operations Center (PSAP Name), in Tom Green County, to be the property of City of

San Angelo, hereinafter referred to as “Owner”. [Provide separately for each PSAP.]

Following is an itemized listing of 9-1-1 equipment hereby defined as the property of Owner. [Attach equipment inventory list.] Concho Valley Council of Governments City of San Angelo By: By: Printed Name: Jeffrey K. Sutton Printed Name: Daniel Valenzuela Title: Executive Director Title: City Manager Date: 07/15/13 Date:

Rev. 07/01/13 15

Attachment B2: San Angelo Emergency Operations Center (EOC) Transfer of Ownership Form

As stipulated is Article 3 of the Agreement between Concho Valley Council of Governments (RPC) and City of San Angelo (Local Government), the RPC shall document all transfers of ownership of 9-1-1 equipment between the RPC and the Local Government. Location of equipment to be at San Angelo EOC (PSAP). Indicate the appropriate classification: _X__Transfer ____Disposition ____Lost Please provide the following information in as much detail as possible. 9-1-1 CPE Equipment- Positron Viper-Power 9-1-1 2 Position Remote Vendor: CenturyLink (purchased with CSEC Funds) Serial Number: 9-1-1 CPE Equipment: See Attached Equipment List

Acquisition Date: September 02, 2008 Invoice Number: J021703137

Acquisition Cost: $78,407 Purchase Order Number: SACCEXPp5623-09

9-1-1 Front Room Up-Grade CPE Equipment- Positron Viper-Power 9-1-1 Vendor: CenturyLink (purchased with CSEC Funds) Serial Number: 9-1-1 CPE Equipment: See Attached Equipment List

Acquisition Date: July 06, 2011 Invoice Number: M041700087

Acquisition Cost: $23,558 Purchase Order Number: AG11 0688

9-1-1 Recorder- ExaCom Recorder purchased by COSA with a CVCOG Cost-Share Vendor: Dailey Wells (Cost-Share purchased with CSEC Funds) Inventory Number: SRL# 0819

Acquisition Date: February 04, 2008 Invoice Number: COSA


Rev. 07/01/13 16

9-1-1 Back-Up/Training LapTop Vendor: CenturyLink Inventory/Serial Number: CND8426VW1

Acquisition Date: December 23, 2008 Invoice Number: I122300097

Acquisition Cost: $25,484 Purchase Order Number: TGTR5623-08

Rev. 07/01/13 17

Attachment B2: San Angelo Emergency Operations Center (EOC)

Transfer of Ownership Form (continued) Action Recommended by: _____________________________________ Jeffrey K. Sutton, Executive Director Date: ____07/15/13________________________ Comments: In compliance with Article 3.2 of this Interlocal Agreement Approved: __ __Yes _____No Proceeds, if any: ______$0______________ Approved by: _______________________________________________ Daniel Valenzuela, Manager, City of San Angelo Date: ____________________________ Disposed or Lost Property shall require approval by the agency head.

Rev. 07/01/13 18

Attachment C Scope of Work

• New Public Safety Answering Points (PSAPs) cannot be implemented without prior approval by the Commission on State Emergency Communications (CSEC). • PSAP operating procedures are outlined in the attached Operating Policies and Procedures document. • CVCOG requests the PSAPs submission of the following reports: Form A; Monthly Reports for PSAP- report documents call volumes, TDD/TTY calls, TDD/TTY test calls, and equipment testing by PSAP. Form B; 9-1-1 ANI/ALI Problem Report- if needed, daily submission of incorrect caller information and map plotting discrepancies. Form C; 9-1-1 Report Log documents dates and description of opened trouble tickets, TDD/TTY call testing, and service affecting issues. Form D; Training Documentation performed by PSAP which will include Sign-In sheet with description of training conducted. Form E; 9-1-1 Public Education activities conducted by the PSAP. • CVCOG with PSAP assistance will inventory equipment annually. • CVCOG requires that the County and/or City insure equipment located within PSAP, as per equipment inventory list provided by CVCOG, and forward a copy of the insurance policy to CVCOG.

Rev. 07/01/13 19

Attachment D PSAP Operations Performance Measures and Monitoring

Reports The RPC may request that the Local Government provide it with specialized reports which will not duplicate information readily available from vendors. Such reports shall include, but are not limited to:

Form A- Monthly Reports for PSAP Form B- 9-1-1 ANI/ALI Problem Report Form C- 9-1-1 Report Log Form D- Training Documentation performed by PSAP Form E- 9-1-1 Public Education activities conducted by the PSAP.

Logs The Local Government shall provide copies of logs and reports to assist with the RPC’s collection of efficiency data on the operation of PSAPs including, but not limited to: 1. Trouble report logs at least once per __Month_________________; 2. List of service affecting issues once per __Month_________________; 3. Certification of TTY/TDD testing once per ___Month________________; and 4. TTY/TDD call logs. Quality Assurance Inspections RPC personnel will conduct site visits at least __2__ per year to evaluate the condition of equipment, efficiency of PSAP operations, and compliance with the Agreement. In addition, quality assurance inspections will be conducted as follows:

Preventative Maintenance is done every six months at each PSAP.

Rev. 07/01/13 20

Attachment E Commission Documents

The following documents govern the funding and provisioning of 9-1-1 services by the RPC: 1. Commission Legislation: http://csec.texas.gov/statutes 2. Commission Rules: http://info.sos.state.tx.us/pls/pub 3. Commission Program Policy Statements:

http://www.911.state.tx.us/browse.php/program_policy_statements


City of San Angelo

Memo Date: 9/4/13


From: Chief Tim Vasquez


Contact: Chief Tim Vasquez, 657-4336

Caption: Consent Agenda Item

Consideration of adopting a Resolution by the San Angelo City Council accepting the U.S. Department of Justice FY 2013 Justice Assistance Grant in the sum of Twenty-Two Thousand Seven Hundred Forty-One and NO/100 Dollars ($22,741.00), and authorizing the City Manager to execute such grant award and related documents as may be necessary or convenient for acceptance of the grant

Summary: The U.S. Department of Justice announced that the City of San Angelo Police Department has been awarded funds from the FY 2013 Justice Assistance Grant. The grant is designed to help fund state and local initiatives, technical assistance, training, personnel, equipment, supplies, contractual support. The City of San Angelo and Tom Green County are awarded $22,741 jointly from the grant. The funds are divided by the number of authorized positions per department. The Police Department will receive $16,457 and the Tom Green County Sheriff’s Office will receive $6,284. The San Angelo Police Department will purchase Sniper Rifles and laptops for the CID division. The Tom Green County Sheriff’s Office will purchase radar units. History: The City and County have been receiving this grant since 2005. City Council approved applying for this grant and the Interlocal Agreement between the City of San Angelo and Tom Green County for this grant on August 6, 2013. Financial Impact: Tom Green County and the City of San Angelo are awarded $22,741. $6,284 is for the County to purchase radar units. The remaining $16,457 will be utilized by the Police Department to purchase Sniper Rifles and Laptops for the CID division. There is no match requirement for this grant. Related Vision Item (if applicable): N/A

Other Information/Recommendation: Staff recommends approval Attachments: Grant Agreement and Resolution Presentation: None Publication: N/A Reviewed by Service Area Director: Chief Tim Vasquez, Police Department, September 4,

2013

Department of Justice

Office of Justice Programs

Bureau of Justice Assistance

Washington, D.C. 20531Office of Justice Programs

August 30, 2013

Mr. Daniel ValenzuelaCity of San Angelo115 W 1st StreetP.O. Box 1751San Angelo, TX 76903

Dear Mr. Valenzuela:

On behalf of Attorney General Eric Holder, it is my pleasure to inform you that the Office of Justice Programs has approved your application for funding under the FY 13 Edward Byrne Memorial Justice Assistance Grant (JAG) Program: Local in the amount of $22,741 for City of San Angelo.

Enclosed you will find the Grant Award and Special Conditions documents. This award is subject to all administrative and financial requirements, including the timely submission of all financial and programmatic reports, resolution of all interim audit findings, and the maintenance of a minimum level of cash-on-hand. Should you not adhere to these requirements, you will be in violation of the terms of this agreement and the award will be subject to termination for cause or other administrativeaction as appropriate.

If you have questions regarding this award, please contact:

- Program Questions, Carrie Booth, Program Manager at (202) 305-7426; and

- Financial Questions, the Office of the Chief Financial Officer, Customer Service Center (CSC) at (800) 458-0786, or you may contact the CSC at [email protected].

Congratulations, and we look forward to working with you.

Sincerely,

Enclosures

Denise O'Donnell

Director

Washington, D.C. 20531

Mr. Daniel ValenzuelaCity of San Angelo115 W 1st StreetP.O. Box 1751San Angelo, TX 76903

August 30, 2013

Congratulations on your recent award. In establishing financial assistance programs, Congress linked the receipt of Federal funding to compliance with Federal civil rights laws. The Office for Civil Rights (OCR), Office of Justice Programs (OJP), U.S. Department of Justice is responsible for ensuring that recipients of financial aid from OJP, its component offices and bureaus, the Office on Violence Against Women (OVW), and the Office of Community Oriented Policing Services (COPS) comply with applicable Federal civil rights statutes and regulations. We at OCR are available to help you and your organization meet the civil rights requirements that come with Justice Department funding.

Ensuring Access to Federally Assisted Programs

As you know, Federal laws prohibit recipients of financial assistance from discriminating on the basis of race, color, national origin, religion, sex, or disability in funded programs or activities, not only in respect to employment practices but also in the delivery of services orbenefits. Federal law also prohibits funded programs or activities from discriminating on the basis of age in the delivery of services or benefits.

Providing Services to Limited English Proficiency (LEP) Individuals

In accordance with Department of Justice Guidance pertaining to Title VI of the Civil Rights Act of 1964, 42 U.S.C. § 2000d, recipients of Federal financial assistance must take reasonable steps to provide meaningful access to their programs and activities for persons with limitedEnglish proficiency (LEP). For more information on the civil rights responsibilities that recipients have in providing language services to LEP individuals, please see the website at http://www.lep.gov.

Ensuring Equal Treatment for Faith-Based Organizations

The Department of Justice has published a regulation specifically pertaining to the funding of faith-based organizations. In general, the regulation, Participation in Justice Department Programs by Religious Organizations; Providing for Equal Treatment of all Justice Department Program Participants, and known as the Equal Treatment Regulation 28 C.F.R. part 38, requires State Administering Agencies to treat these organizations the same as any other applicant or recipient. The regulation prohibits State Administering Agencies from making award or grant administration decisions on the basis of an organization's religious character or affiliation, religious name, or the religious composition of its board of directors.

The regulation also prohibits faith-based organizations from using financial assistance from the Department of Justice to fund inherently religious activities. While faith-based organizations can engage in non-funded inherently religious activities, they must be held separately from the Department of Justice funded program, and customers or beneficiaries cannot be compelled to participate in them. The Equal Treatment Regulation also makes clear that organizations participating in programs funded by the Department of Justice are not permitted to discriminate in the provision of services on the basis of a beneficiary's religion. For more information on the regulation, please see OCR's website at http://www.ojp.usdoj.gov/ocr/etfbo.htm.

State Administering Agencies and faith-based organizations should also note that the Safe Streets Act, as amended; the Victims of Crime Act, as amended; and the Juvenile Justice and Delinquency Prevention Act, as amended, contain prohibitions against discrimination on the basis of religion in employment. Despite these nondiscrimination provisions, the Justice Department has concluded that the Religious Freedom Restoration Act (RFRA) is reasonably construed, on a case-by-case basis, to require that its funding agencies permit faith-based organizations applying for funding under the applicable program statutes both to receive DOJ funds and to continue considering religion when hiring staff, even if the statute that authorizes the funding program generally forbids considering of religion in employment decisions by grantees.

Questions about the regulation or the application of RFRA to the statutes that prohibit discrimination in employment may be directed to this Office.

Dear Mr. Valenzuela:



Office for Civil Rights

Enforcing Civil Rights Laws

All recipients of Federal financial assistance, regardless of the particular funding source, the amount of the grant award, or the number of employees in the workforce, are subject to the prohibitions against unlawful discrimination. Accordingly, OCR investigates recipients that are the subject of discrimination complaints from both individuals and groups. In addition, based on regulatory criteria, OCR selects a number of recipients each year for compliance reviews, audits that require recipients to submit data showing that they are providing services equitably to all segments of their service population and that their employment practices meet equal employment opportunity standards.

Complying with the Safe Streets Act or Program Requirements

In addition to these general prohibitions, an organization which is a recipient of financial assistance subject to the nondiscrimination provisions of the Omnibus Crime Control and Safe Streets Act (Safe Streets Act) of 1968, 42 U.S.C. § 3789d(c), or other Federal grant program requirements, must meet two additional requirements:(1) complying with Federal regulations pertaining to the development of an Equal Employment Opportunity Plan (EEOP), 28 C.F.R. § 42.301-.308, and (2) submitting to OCR Findings of Discrimination (see 28 C.F.R. §§ 42.205(5) or 31.202(5)).

1) Meeting the EEOP Requirement

In accordance with Federal regulations, Assurance No. 6 in the Standard Assurances, COPS Assurance No. 8.B, or certain Federal grant program requirements, your organization must comply with the following EEOP reporting requirements:

If your organization has received an award for $500,000 or more and has 50 or more employees (counting both full- and part-time employees but excluding political appointees), then it has to prepare an EEOP and submit it to OCR for review within 60 days from the date of this letter. For assistance in developing an EEOP, please consult OCR's website at http://www.ojp.usdoj.gov/ocr/eeop.htm. You may also request technical assistance from an EEOP specialist at OCR by dialing (202) 616-3208.

If your organization received an award between $25,000 and $500,000 and has 50 or more employees, your organization still has to prepare an EEOP, but it does not have to submit the EEOP to OCR for review. Instead, your organization has to maintain the EEOP on file and make it available for review on request. In addition, your organization has to complete Section B of the Certification Form and return it to OCR. The Certification Form can be found at http://www.ojp.usdoj.gov/ocr/eeop.htm.

If your organization received an award for less than $25,000; or if your organization has less than 50 employees, regardless of the amount ofthe award; or if your organization is a medical institution, educational institution, nonprofit organization or Indian tribe, then your organization is exempt from the EEOP requirement. However, your organization must complete Section A of the Certification Form and return it to OCR. The Certification Form can be found at http://www.ojp.usdoj.gov/ocr/eeop.htm.

2) Submitting Findings of Discrimination

In the event a Federal or State court or Federal or State administrative agency makes an adverse finding of discrimination against your organization after a due process hearing, on the ground of race, color, religion, national origin, or sex, your organization must submit a copy of the finding to OCR for review.

Ensuring the Compliance of Subrecipients

If your organization makes subawards to other agencies, you are responsible for assuring that subrecipients also comply with all of the applicable Federal civil rights laws, including the requirements pertaining to developing and submitting an EEOP, reporting Findings of Discrimination, and providing language services to LEP persons. State agencies that make subawards must have in place standard grant assurances and review procedures to demonstrate that they are effectively monitoring the civil rights compliance of subrecipients.

If we can assist you in any way in fulfilling your civil rights responsibilities as a recipient of Federal funding, please call OCR at (202) 307-0690 or visit our website at http://www.ojp.usdoj.gov/ocr/.

Sincerely,

cc: Grant ManagerFinancial Analyst

Michael L. Alston

Director

GrantPAGE 1 OF




1. RECIPIENT NAME AND ADDRESS (Including Zip Code)

City of San Angelo115 W 1st Street P.O. Box 1751San Angelo, TX 76903

8. SUPPLEMENT NUMBER

00

9. PREVIOUS AWARD AMOUNT

10. AMOUNT OF THIS AWARD

$ 0

$ 22,741

11. TOTAL AWARD $ 22,741

1A. GRANTEE IRS/VENDOR NO.

756000659

3. PROJECT TITLE

FY 2013 Justice Assistance Grant Program

12. SPECIAL CONDITIONS

THE ABOVE GRANT PROJECT IS APPROVED SUBJECT TO SUCH CONDITIONS OR LIMITATIONS AS ARE SET FORTHON THE ATTACHED PAGE(S).

13. STATUTORY AUTHORITY FOR GRANT

This project is supported under FY13(BJA - JAG) 42 USC 3750, et seq.

15. METHOD OF PAYMENT

GPRS

AGENCY APPROVAL

16. TYPED NAME AND TITLE OF APPROVING OFFICIAL

GRANTEE ACCEPTANCE

Denise O'Donnell

Director

AGENCY USE ONLY

20. ACCOUNTING CLASSIFICATION CODES 21.

FISCALYEAR

FUNDCODE

BUD.ACT.

OFC. DIV.REG.

SUB. POMS AMOUNT

DJBX 80 00 00 22741

MDJUGT0934

18. TYPED NAME AND TITLE OF AUTHORIZED GRANTEE OFFICIAL

Daniel ValenzuelaCity Manager

4. AWARD NUMBER: 2013-DJ-BX-1140

5. PROJECT PERIOD: FROM

BUDGET PERIOD: FROM

6. AWARD DATE 7. ACTION

Initial

08/30/2013

TO

TO

10/01/2012

10/01/2012

09/30/2014

09/30/2014

OJP FORM 4000/2 (REV. 5-87) PREVIOUS EDITIONS ARE OBSOLETE.

OJP FORM 4000/2 (REV. 4-88)

19. SIGNATURE OF AUTHORIZED RECIPIENT OFFICIAL 19A. DATE17. SIGNATURE OF APPROVING OFFICIAL

7

AWARD CONTINUATIONSHEET

Grant

PAGE 2 OF




AWARD DATE 08/30/2013PROJECT NUMBER 2013-DJ-BX-1140

SPECIAL CONDITIONS

The recipient agrees to comply with the financial and administrative requirements set forth in the current edition of the Office of Justice Programs (OJP) Financial Guide.

The recipient acknowledges that failure to submit an acceptable Equal Employment Opportunity Plan (if recipient is required to submit one pursuant to 28 C.F.R. Section 42.302), that is approved by the Office for Civil Rights, is a violation of its Certified Assurances and may result in suspension or termination of funding, until such time as the recipient is in compliance.

The recipient agrees to comply with the organizational audit requirements of OMB Circular A-133, Audits of States, Local Governments, and Non-Profit Organizations, and further understands and agrees that funds may be withheld, or other related requirements may be imposed, if outstanding audit issues (if any) from OMB Circular A-133 audits (and any other audits of OJP grant funds) are not satisfactorily and promptly addressed, as further described in the current edition of the OJP Financial Guide.

Recipient understands and agrees that it cannot use any federal funds, either directly or indirectly, in support of the enactment, repeal, modification or adoption of any law, regulation or policy, at any level of government, without the express prior written approval of OJP.

The recipient must promptly refer to the DOJ OIG any credible evidence that a principal, employee, agent, contractor, subgrantee, subcontractor, or other person has either 1) submitted a false claim for grant funds under the False Claims Act; or 2) committed a criminal or civil violation of laws pertaining to fraud, conflict of interest, bribery, gratuity, or similar misconduct involving grant funds. This condition also applies to any subrecipients. Potential fraud, waste, abuse, or misconduct should be reported to the OIG by -

mail:

Office of the Inspector General U.S. Department of Justice Investigations Division 950 Pennsylvania Avenue, N.W. Room 4706 Washington, DC 20530

e-mail: [email protected]

hotline: (contact information in English and Spanish): (800) 869-4499

or hotline fax: (202) 616-9881

Additional information is available from the DOJ OIG website at www.usdoj.gov/oig.

Recipient understands and agrees that it cannot use any federal funds, either directly or indirectly, in support of any contract or subaward to either the Association of Community Organizations for Reform Now (ACORN) or its subsidiaries, without the express prior written approval of OJP.

The recipient agrees to comply with any additional requirements that may be imposed during the grant performance period if the agency determines that the recipient is a high-risk grantee. Cf. 28 C.F.R. parts 66, 70.

1.

2.

3.

4.

5.

6.

7.

OJP FORM 4000/2 (REV. 4-88)

7


Grant

PAGE 3 OF





SPECIAL CONDITIONS

The recipient agrees to comply with applicable requirements regarding registration with the System for Award Management (SAM) (or with a successor government-wide system officially designated by OMB and OJP). The recipient also agrees to comply with applicable restrictions on subawards to first-tier subrecipients that do not acquire and provide a Data Universal Numbering System (DUNS) number. The details of recipient obligations are posted on the Office of Justice Programs web site at http://www.ojp.gov/funding/sam.htm (Award condition: Registration with the System for Award Management and Universal Identifier Requirements), and are incorporated by reference here. This special condition does not apply to an award to an individual who received the award as a natural person (i.e., unrelatedto any business or non-profit organization that he or she may own or operate in his or her name).

Pursuant to Executive Order 13513, "Federal Leadership on Reducing Text Messaging While Driving," 74 Fed. Reg. 51225 (October 1, 2009), the Department encourages recipients and sub recipients to adopt and enforce policies banning employees from text messaging while driving any vehicle during the course of performing work funded by thisgrant, and to establish workplace safety policies and conduct education, awareness, and other outreach to decrease crashes caused by distracted drivers.

The recipient agrees to comply with all applicable laws, regulations, policies, and guidance (including specific cost limits, prior approval and reporting requirements, where applicable) governing the use of federal funds for expenses related to conferences, meetings, trainings, and other events, including the provision of food and/or beverages at such events, and costs of attendance at such events. Information on pertinent laws, regulations, policies, and guidance is available at www.ojp.gov/funding/confcost.htm.

The recipient understands and agrees that any training or training materials developed or delivered with funding provided under this award must adhere to the OJP Training Guiding Principles for Grantees and Subgrantees, available at http://www.ojp.usdoj.gov/funding/ojptrainingguidingprinciples.htm.

The recipient agrees that if it currently has an open award of federal funds or if it receives an award of federal funds other than this OJP award, and those award funds have been, are being, or are to be used, in whole or in part, for one or more of the identical cost items for which funds are being provided under this OJP award, the recipient will promptly notify, in writing, the grant manager for this OJP award, and, if so requested by OJP, seek a budget-modification or change-of-project-scope grant adjustment notice (GAN) to eliminate any inappropriate duplication of funding.

The recipient understands and agrees that award funds may not be used to discriminate against or denigrate the religious or moral beliefs of students who participate in programs for which financial assistance is provided from those funds, or of the parents or legal guardians of such students.

The recipient understands and agrees that - (a) No award funds may be used to maintain or establish a computer network unless such network blocks the viewing, downloading, and exchanging of pornography, and (b) Nothing in subsection (a) limits the use of funds necessary for any Federal, State, tribal, or local law enforcement agency or any other entity carrying out criminal investigations, prosecution, or adjudication activities.

The recipient agrees to comply with OJP grant monitoring guidelines, protocols, and procedures, and to cooperate with BJA and OCFO on all grant monitoring requests, including requests related to desk reviews, enhanced programmatic desk reviews, and/or site visits. The recipient agrees to provide to BJA and OCFO all documentation necessary to complete monitoring tasks, including documentation related to any subawards made under this award. Further, the recipient agrees to abide by reasonable deadlines set by BJA and OCFO for providing the requested documents. Failure to cooperate with BJA's/OCFO's grant monitoring activities may result in sanctions affecting the recipient's DOJ awards, including, but not limited to: withholdings and/or other restrictions on the recipient's access to grant funds; referral to the Office of the Inspector General for audit review; designation of the recipient as a DOJ High Risk grantee; or termination of an award(s).

8.

9.

10.

11.

12.

13.

14.

15.

OJP FORM 4000/2 (REV. 4-88)

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Grant

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SPECIAL CONDITIONS

The recipient agrees that all income generated as a direct result of this award shall be deemed program income. All program income earned must be accounted for and used for the purposes of funds provided under this award, including such use being consistent with the conditions of the award, the effective edition of the OJP Financial Guide and, as applicable, either (1) 28 C.F.R. Part 66 or (2) 28 C.F.R Part 70 and 2 C.F.R. Part 215 (OMB Circular A-110). Further, the use of program income must be reported on the quarterly Federal Financial Report, SF 425.

To avoid duplicating existing networks or IT systems in any initiatives funded by BJA for law enforcement informationsharing systems which involve interstate connectivity between jurisdictions, such systems shall employ, to the extent possible, existing networks as the communication backbone to achieve interstate connectivity, unless the grantee can demonstrate to the satisfaction of BJA that this requirement would not be cost effective or would impair the functionality of an existing or proposed IT system.

In order to promote information sharing and enable interoperability among disparate systems across the justice and public safety community, OJP requires the grantee to comply with DOJ's Global Justice Information Sharing Initiative (DOJ's Global) guidelines and recommendations for this particular grant. Grantee shall conform to the Global Standards Package (GSP) and all constituent elements, where applicable, as described at: http://www.it.ojp.gov/gsp_grantcondition. Grantee shall document planned approaches to information sharing and describe compliance to the GSP and appropriate privacy policy that protects shared information, or provide detailed justification for why an alternative approach is recommended.

The grantee agrees to assist BJA in complying with the National Environmental Policy Act (NEPA), the National Historic Preservation Act, and other related federal environmental impact analyses requirements in the use of these grant funds, either directly by the grantee or by a subgrantee. Accordingly, the grantee agrees to first determine if any of the following activities will be funded by the grant, prior to obligating funds for any of these purposes. If it is determined that any of the following activities will be funded by the grant, the grantee agrees to contact BJA. The grantee understands that this special condition applies to its following new activities whether or not they are being specifically funded with these grant funds. That is, as long as the activity is being conducted by the grantee, a subgrantee, or any third party and the activity needs to be undertaken in order to use these grant funds, this special condition must first be met. The activities covered by this special condition are: a. New construction; b. Minor renovation or remodeling of a property located in an environmentally or historically sensitive area, including properties located within a 100-year flood plain, a wetland, or habitat for endangered species, or a property listed on or eligible for listing on the National Register of Historic Places; c. A renovation, lease, or any proposed use of a building or facility that will either (a) result in a change in its basic prior use or (b) significantly change its size; d. Implementation of a new program involving the use of chemicals other than chemicals that are (a) purchased as an incidental component of a funded activity and (b) traditionally used, for example, in office, household, recreational, or education environments; and e. Implementation of a program relating to clandestine methamphetamine laboratory operations, including the identification, seizure, or closure of clandestine methamphetamine laboratories. The grantee understands and agrees that complying with NEPA may require the preparation of an Environmental Assessment and/or an Environmental Impact Statement, as directed by BJA. The grantee further understands and agrees to the requirements for implementation of a Mitigation Plan, as detailed at http://www.ojp.usdoj.gov/BJA/resource/nepa.html, for programs relating to methamphetamine laboratory operations. Application of This Special Condition to Grantee's Existing Programs or Activities: For any of the grantee's or its subgrantees' existing programs or activities that will be funded by these grant funds, the grantee, upon specific request from BJA, agrees to cooperate with BJA in any preparation by BJA of a national or program environmental assessment of that funded program or activity.

16.

17.

18.

19.

OJP FORM 4000/2 (REV. 4-88)

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Grant

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SPECIAL CONDITIONS

The recipient is required to establish a trust fund account. (The trust fund may or may not be an interest-bearing account.) The fund, including any interest, may not be used to pay debts or expenses incurred by other activities beyondthe scope of the Edward Byrne Memorial Justice Assistance Grant Program (JAG). The recipient also agrees to obligateand expend the grant funds in the trust fund (including any interest earned) during the period of the grant. Grant funds (including any interest earned) not expended by the end of the grant period must be returned to the Bureau of Justice Assistance no later than 90 days after the end of the grant period, along with the final submission of the Federal Financial Report (SF-425).

JAG funds may be used to purchase bulletproof vests for an agency, but may not be used as the 50% match for purposes of the Bulletproof Vest Partnership (BVP) program.

The recipient agrees to submit a signed certification that that all law enforcement agencies receiving vests purchased with JAG funds have a written "mandatory wear" policy in effect. Fiscal agents and state agencies must keep signed certifications on file for any subrecipients planning to utilize JAG funds for ballistic-resistant and stab-resistant body armor purchases. This policy must be in place for at least all uniformed officers before any FY 2013 funding can be used by the agency for vests. There are no requirements regarding the nature of the policy other than it being a mandatory wear policy for all uniformed officers while on duty.

Ballistic-resistant and stab-resistant body armor purchased with JAG funds may be purchased at any threat level, makeor model, from any distributor or manufacturer, as long as the vests have been tested and found to comply with applicable National Institute of Justice ballistic or stab standards and are listed on the NIJ Compliant Body Armor Model List (http://nij.gov). In addition, ballistic-resistant and stab-resistant body armor purchased must be American-made. The latest NIJ standard information can be found here: http://www.nij.gov/topics/technology/body-armor/safety-initiative.htm.

The recipient agrees that any information technology system funded or supported by OJP funds will comply with 28 C.F.R. Part 23, Criminal Intelligence Systems Operating Policies, if OJP determines this regulation to be applicable. Should OJP determine 28 C.F.R. Part 23 to be applicable, OJP may, at its discretion, perform audits of the system, as per the regulation. Should any violation of 28 C.F.R. Part 23 occur, the recipient may be fined as per 42 U.S.C. 3789g(c)-(d). Recipient may not satisfy such a fine with federal funds.

The recipient agrees to ensure that the State Information Technology Point of Contact receives written notification regarding any information technology project funded by this grant during the obligation and expenditure period. This isto facilitate communication among local and state governmental entities regarding various information technology projects being conducted with these grant funds. In addition, the recipient agrees to maintain an administrative file documenting the meeting of this requirement. For a list of State Information Technology Points of Contact, go to http://www.it.ojp.gov/default.aspx?area=policyAndPractice&page=1046.

The grantee agrees to comply with the applicable requirements of 28 C.F.R. Part 38, the Department of Justice regulation governing "Equal Treatment for Faith Based Organizations" (the "Equal Treatment Regulation"). The Equal Treatment Regulation provides in part that Department of Justice grant awards of direct funding may not be used to fund any inherently religious activities, such as worship, religious instruction, or proselytization. Recipients of direct grants may still engage in inherently religious activities, but such activities must be separate in time or place from the Department of Justice funded program, and participation in such activities by individuals receiving services from the grantee or a sub-grantee must be voluntary. The Equal Treatment Regulation also makes clear that organizations participating in programs directly funded by the Department of Justice are not permitted to discriminate in the provisionof services on the basis of a beneficiary's religion. Notwithstanding any other special condition of this award, faith-based organizations may, in some circumstances, consider religion as a basis for employment. See http://www.ojp.gov/about/ocr/equal_fbo.htm.

20.

21.

22.

23.

24.

25.

26.

OJP FORM 4000/2 (REV. 4-88)

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Grant

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SPECIAL CONDITIONS

The recipient acknowledges that all programs funded through subawards, whether at the state or local levels, must conform to the grant program requirements as stated in BJA program guidance.

Grantee agrees to comply with the requirements of 28 C.F.R. Part 46 and all Office of Justice Programs policies and procedures regarding the protection of human research subjects, including obtainment of Institutional Review Board approval, if appropriate, and subject informed consent.

Grantee agrees to comply with all confidentiality requirements of 42 U.S.C. section 3789g and 28 C.F.R. Part 22 that are applicable to collection, use, and revelation of data or information. Grantee further agrees, as a condition of grant approval, to submit a Privacy Certificate that is in accord with requirements of 28 C.F.R. Part 22 and, in particular, section 22.23.

The recipient agrees to monitor subawards under this JAG award in accordance with all applicable statutes, regulations,OMB circulars, and guidelines, including the OJP Financial Guide, and to include the applicable conditions of this award in any subaward. The recipient is responsible for oversight of subrecipient spending and monitoring of specific outcomes and benefits attributable to use of JAG funds by subrecipients. The recipient agrees to submit, upon request, documentation of its policies and procedures for monitoring of subawards under this award.

The recipient agrees that funds received under this award will not be used to supplant State or local funds, but will be used to increase the amounts of such funds that would, in the absence of Federal funds, be made available for law enforcement activities.

Award recipients must submit quarterly a Federal Financial Report (SF-425) and annual performance reports through GMS (https://grants.ojp.usdoj.gov). Consistent with the Department's responsibilities under the Government Performance and Results Act (GPRA), P.L. 103-62, applicants who receive funding under this solicitation must provide data that measure the results of their work. Therefore, quarterly performance metrics reports must be submittedthrough BJA's Performance Measurement Tool (PMT) website (www.bjaperformancetools.org). For more detailed information on reporting and other JAG requirements, refer to the JAG reporting requirements webpage. Failure to submit required JAG reports by established deadlines may result in the freezing of grant funds and future High Risk designation.

Award recipients must verify Point of Contact(POC), Financial Point of Contact (FPOC), and Authorized Representative contact information in GMS, including telephone number and e-mail address. If any information is incorrect or has changed, a Grant Adjustment Notice (GAN) must be submitted via the Grants Management System (GMS) to document changes.

The grantee agrees that within 120 days of award acceptance, each current member of a law enforcement task force funded with these funds who is a task force commander, agency executive, task force officer, or other task force member of equivalent rank, will complete required online (internet-based) task force training. Additionally, all future task force members are required to complete this training once during the life of this award, or once every four years if multiple awards include this requirement. The training is provided free of charge online through BJA's Center for Task Force Integrity and Leadership (www.ctfli.org). This training addresses task force effectiveness as well as other key issues including privacy and civil liberties/rights, task force performance measurement, personnel selection, and task force oversight and accountability. When BJA funding supports a task force, a task force personnel roster should be compiled and maintained, along with course completion certificates, by the grant recipient. Additional information is available regarding this required training and access methods via BJA's web site and the Center for Task Force Integrity and Leadership (www.ctfli.org).

27.

28.

29.

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31.

32.

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OJP FORM 4000/2 (REV. 4-88)

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SPECIAL CONDITIONS

No JAG funds may be expended on unmanned aircraft, unmanned aircraft systems, or aerial vehicles (US, UAS, or UAV) unless the BJA Director certifies that extraordinary and exigent circumstances exist, making them essential to the maintenance of public safety and good order. Additionally, any JAG funding approved for this purpose would be subject to additional reporting, which would be stipulated by BJA post-award.

BJA strongly encourages the recipient submit annual (or more frequent) JAG success stories at [email protected] or via the online form at https://www.bja.gov/contactus.aspx. JAG success stories shouldinclude the: name and location of program/project; point of contact with phone and e-mail; amount of JAG funding received and in which fiscal year; and a brief summary describing the program/project and its impact.

Recipient understands that the initial period of availability of funds for this award is two years. Recipient further understands that any requests for additional time for performance of this award, up to two additional years, will be granted automatically, pursuant to 42 U.S.C. § 3751(f) and in accordance with current fiscal year solicitation. Requestsfor additional time beyond a four year grant period will be subject to the discretion of the Director of the Bureau of Justice Assistance.

Recipient may not expend or drawdown funds until the Bureau of Justice Assistance (BJA) has received documentationdemonstrating that the state or local governing body review requirements have been met and a Grant Adjustment Notice (GAN) has been approved releasing this special condition.

Recipient may not expend or drawdown funds until the Bureau of Justice Assistance, Office of Justice Programs has received and approved the signed Memorandum of Understanding (MOU) between the disparate jurisdictions and has issued a Grant Adjustment Notice (GAN) releasing this special condition.

35.

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37.

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OJP FORM 4000/2 (REV. 4-88)

7

Memorandum To:

From:

Subject:

Washington, D.C. 20531

Orbin Terry, NEPA Coordinator

Incorporates NEPA Compliance in Further Developmental Stages for City of San Angelo

The Edward Byrne Memorial Justice Assistance Grant Program (JAG) allows states and local governments to support a broad range of activities to prevent and control crime and to improve the criminal justice system, some ofwhich could have environmental impacts. All recipients of JAG funding must assist BJA in complying with NEPAand other related federal environmental impact analyses requirements in the use of grant funds, whether the funds are used directly by the grantee or by a subgrantee or third party. Accordingly, prior to obligating funds for any of the specified activities, the grantee must first determine if any of the specified activities will be funded by the grant. The specified activities requiring environmental analysis are: a. New construction; b. Any renovation or remodeling of a property located in an environmentally or historically sensitive area, including properties located within a 100-year flood plain, a wetland, or habitat for endangered species, or a property listed on or eligible for listing on the National Register of Historic Places; c. A renovation, lease, or any proposed use of a building or facility that will either (a) result in a change in its basicprior use or (b) significantly change its size; d. Implementation of a new program involving the use of chemicals other than chemicals that are (a) purchased as an incidental component of a funded activity and (b) traditionally used, for example, in office, household, recreational, or education environments; and e. Implementation of a program relating to clandestine methamphetamine laboratory operations, including the identification, seizure, or closure of clandestine methamphetamine laboratories. Complying with NEPA may require the preparation of an Environmental Assessment and/or an Environmental Impact Statement, as directed by BJA. Further, for programs relating to methamphetamine laboratory operations, the preparation of a detailed Mitigation Plan will be required. For more information about Mitigation Plan requirements, please see http://www.ojp.usdoj.gov/BJA/resource/nepa.html. Please be sure to carefully review the grant conditions on your award document, as it may contain more specific information about environmental compliance.

Official Grant File




GRANT MANAGER'S MEMORANDUM, PT. I: PROJECT SUMMARY

1. STAFF CONTACT (Name & telephone number)

PROJECT NUMBER

6. NAME & ADRESS OF SUBGRANTEE

7. PROGRAM PERIOD 8. BUDGET PERIOD

9. AMOUNT OF AWARD 10. DATE OF AWARD

11. SECOND YEAR'S BUDGET

2013-DJ-BX-1140

2. PROJECT DIRECTOR (Name, address & telephone number)

4. TITLE OF PROJECT

12. SECOND YEAR'S BUDGET AMOUNT

13. THIRD YEAR'S BUDGET PERIOD 14. THIRD YEAR'S BUDGET AMOUNT

15. SUMMARY DESCRIPTION OF PROJECT (See instruction on reverse)

5. NAME & ADDRESS OF GRANTEE

Grant

This project is supported under FY13(BJA - JAG) 42 USC 3750, et seq.

Tim VasquezChief of Police72 W. College AvenueSan Angelo, TX 76903-5503(325) 657-4336

PAGE 11 OF

The Edward Byrne Memorial Justice Assistance Grant Program (JAG) allows states and units of local government, including tribes, to support a broad range of activities to prevent and control crime based on their own state and local needs and conditions. Grant funds can be used for state and local initiatives, technical assistance, training, personnel, equipment, supplies, contractual support, and information systems for criminal justice, including for any one or more of the following program areas: 1) law enforcement programs; 2) prosecution and court programs; 3) prevention and education programs; 4) corrections and community corrections programs; 5) drug treatment and enforcement programs; 6) planning, evaluation, and technology improvement programs; and 7) crime victim and witness programs (other than compensation). The disparate jurisdictions will use the JAG award to support law enforcement initiatives. Funds will be used to purchase firearms, laptops, and radar units. The project goals are to increase traffic enforcement and enhance officer safety. NCA/NCF

Carrie Booth(202) 305-7426

OJP FORM 4000/2 (REV. 4-88)

FY 2013 Justice Assistance Grant Program

City of San Angelo115 W 1st Street P.O. Box 1751San Angelo, TX 76903

TO:10/01/2012 09/30/2014FROM: TO:10/01/2012 09/30/2014FROM:

08/30/2013 $ 22,741

3b. POMS CODE (SEE INSTRUCTIONS ON REVERSE)

3a. TITLE OF THE PROGRAM

BJA FY 13 Edward Byrne Memorial Justice Assistance Grant (JAG) Program: Local

Department of JusticeOffice of Justice Programs


A RESOLUTION BY THE SAN ANGELO CITY COUNCIL ACCEPTING THE U.S. DEPARTMENT OF JUSTICE FY 2013 JUSTICE ASSISTANCE GRANT IN THE SUM OF TWENTY-TWO THOUSAND SEVEN HUNDRED FORTY-ONE AND NO/100 DOLLARS ($22,741.00), AND AUTHORIZING THE CITY MANAGER TO EXECUTE SUCH GRANT AWARD AND RELATED DOCUMENTS AS MAY BE NECESSARY OR CONVENIENT FOR ACCEPTANCE OF THE GRANT

WHEREAS, the City of San Angelo applied for and has been awarded jointly with Tom Green County a U.S. Department of Justice FY 2013 Edward Byrne Memorial Justice Assistance Grant (JAG) in the amount of Twenty-Two Thousand Seven Hundred Forty-One and No/100 Dollars ($22,741.00) for purposes of funding local initiatives, technical assistance, training, personnel, equipment, supplies, and contractual support; and, WHEREAS, the portion of the award to be received by the City of San Angelo is Twenty-Two Thousand Seven Hundred Forty-One and No/100 Dollars ($22,741.00); and, WHEREAS, the grant application and award is recurring and has been accepted and so utilized in the past: NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF SAN ANGELO, TEXAS THAT:

That the award of the U.S. Department of Justice FY 2011 Justice Assistance Grant jointly to the City of San Angelo and Tom Green County in the sum of Twenty-Two Thousand Seven Hundred Forty-One and No/100 Dollars ($22,741.00), Sixteen Thousand Four Hundred Fifty-Seven and No/100 Dollars ($16,457) of which will be received by the San Angelo Police Department, is hereby accepted. The City Manager or his designee is hereby authorized to execute such grant award and related documents as may be necessary or convenient to accept the grant funds and provide for their application for the purposes stated.

PASSED and APPROVED THIS DAY OF , 2013.

CITY OF SAN ANGELO, TEXAS

ATTEST:

Dwain Morrison, Mayor Alicia Ramirez, City Clerk

APPROVED AS TO CONTENT APPROVED AS TO FORM Tim Vasquez, Lysia H. Bowling, Chief, S.A.P.D. City Attorney

Texas Department of Housing and Community AffairsHousing Trust Fund Division

2014-2015 Amy Young Barrier Removal ProgramAPPLICATION TO ACCESS THE RESERVATION SYSTEM

By completing this application, the undersigned Nonprofit Organization or Unit of General LocalGovernment hereby requests access to the online Reservation System to reserve 2014-2015 AmyYoung Barrier Removal Program funds on a first-come, first-served basis from the TexasDepartment of Housing and Community Affairs (TDHCA) Housing Trust Fund Division.

The undersigned has read and understands the application instructions and certifies that allinformation herein is true and correct to the best of their knowledge and belief.

This application is signed by a person authorized to execute documents on the applicant's

)7~ ~0U...~ Robert Salas, Director 09/05/2013Signature Printed Name and Title Date

Applicant's Legal Name: City of San Angelo(per the Secretary of State)

Contact Person's Name: Robert Salas

Contact Person's Email: robert. [email protected]

Contact Person's Telephone: 325-655-0824

Mailing Address: 72 W. College

City, State, Zip: San Angelo, TX 76903

Physical Address: 52 W. College

City, State, Zip: San Angelo, TX 76903

Applicant is legally formed as a:

D Nonprofit Organization D Public Agency

1:8:] Unit of General Local Government D Public Housing Authority

D Council of Government D Local Mental Health Authority

Applicant Fiscal Year Ends: month October day 01

Applicants must email page 1 and 2 of this document along with required attachments on page 2, inpdf format, to [email protected]. Please, no mail or hand-deliveries.

For further information, please email [email protected].

WARNING: Title 18, Section 1001 of the U.S. Code makes it a criminal offence to make willful,false statements or misrepresentations to any department or agency in the United States as to anymatter within its jurisdiction.

Page 1 of2

REQUIRED DOCUMENTS

1. For Nonprofit Organizations, attach a current tax exemption ruling from the Internal Revenue Service under §501(c)(3) of the Internal Revenue Code of 1986, as evidenced by a determination letter dated 1986 or later; OR classification as a subordinate of a central organization non-profit under the Internal Revenue Code §501(c)(3), as evidenced by a group determination letter dated 1986 or later that specifically lists the applicant. NOTE: The exemption ruling must be effective on the date the application is submitted and must continue to be effective throughout the agreement period to access the Reservation System. A pending application for tax exempt status cannot be used to comply with the tax status requirement.

2. A current roster of all Board of Directors, Council Members or Commissioners that includes name, mailing address and phone number.

3. A resolution from the Board of Directors, Council or Commissioners that is signed and dated within the 6 months preceding this application. The resolution must state: 1) that the board, council or commissioners have approved the application to access the Reservation System for 2014-2015 Amy Young Barrier Removal Program funds; and 2) the name and title of the individual authorized to execute a written Reservation System Access Agreement.

4. Evidence of financial accountability standards, demonstrated by: A certification from a Certified Public Accountant; AND An audited financial statement from the most recent fiscal year; OR a current dated and

signed financial statement for the period since last audit produced. For Nonprofit Organizations that do not yet have audited financial statements: A resolution from the Board of Directors that is signed and dated within the 6 months

preceding this application and certifies that the accounting procedures used by the organization conform to Generally Accepted Accounting Principles (GAAP) and the Financial Accounting Standards Board (FASB) No. 117, “Financial Statements of Not-For-Profit Organizations”.

NOTE: Applicants who have previously received any TDHCA funding must be in compliance with all active contracts and agreements.

5. Summary of experience demonstrating at least 2 years experience in housing rehabilitation in Texas. See TDHCA Single Family Programs Umbrella Rule regarding Inspection Requirements for Construction Activities, Rule §20.10, found at the TDHCA Rules (TAC) link on the Department’s homepage: http://www.tdhca.state.tx.us/

Summary of experience will: Describe the capacity of key staff members and their skills and experience in client

intake, records management, and managing housing rehabilitation Describe organizational knowledge and experience in serving Persons with Disabilities Include a completed “Qualified Inspector Certification” form

6. If applicable, copies of executed contracts with consultants or other organizations that are assisting in the implementation of the applicant’s 2014-2015 Amy Young Barrier Removal Program activities. Include a summary of the consultant or other organization’s experience in housing rehabilitation and/or serving Persons with Disabilities.

http://www.tdhca.state.tx.us/�

ROSTER OF ALL COUNCIL MEMBERS

Dwain Morrison

Mayor 72 W. College

San Angelo, TX 76903 Cell: 325-262-1857

Rodney Fleming

Council Member, District 1 72 W. College


Marty Self



Johnny Silvas



Don Vardeman



H.R. "Winkie" Wardlaw III Council Member, District 5

72 W. College San Angelo, TX 76903

Cell: 325-939-3061

Charlotte Farmer Council Member, District 6

72 W. College San Angelo, TX 76903

Cell: 325-212-5183

mailto:[email protected]�











RESOLUTION FROM THE COUNCIL

EVIDENCE OF FINANCIAL ACCOUNTABILITY


Single Audit Report

For the Year Ended September 30, 2012

515 West Han-is Avenue • Post Office Box 71 • San Angelo, Texas 76902-0071

Phone (325) 653-6854 • Fax (325) 655-5857 • www.armstrongbackus.com


Single Audit Report


Table of Contents

Report on Internal Control Over Financial Reporting and on Compliance and Other Matters Based on an Audit of Financial Statements Performed in Accordance with Government Audit Standards 1-2

Independent Auditors' Report on Compliance with Requirements That Could Have a Direct and Material Effect on Each Major Program and on Internal Control Over Compliance in Accordance with OMB Circular A- 133 3-5

Schedule of Expenditures of Federal Awards 6-7

Notes to the Schedule of Expenditures of Federal Awards 8

Schedule of Findings and Questioned Costs 9-10

Corrective Action Plan 11

Status of Prior Audit Findings 12

Independent Auditors' Report on Supplementary Information 13

Schedule of Expenditures of State Awards 14

ARMSTRONG, BACKUS & CO., LLP Certified Publ i c A c countan t s

American Inslitute of Certified Public Accountan ts Texas Soc iety of Certified Pub lic Acccou illunts

Report on Internal Control Over Financial Reporting and on Compliance and Other Matters Based on an Audit of Financial Statements Performed in Accordance with

Government Auditing Standards

Honorable Mayor and City Council City of San Angelo, Texas

We have audited the financial statements of the governmental activities, the business-type activities, the aggregate discretely presented component units, each major fund, and the aggregate remaining fund information of the City of San Angelo, Texas, as of and for the year ended September 30, 2012, which collectively comprise the City of San Angelo, Texas' basic financial statements and have issued our report thereon dated April 19, 2013. We conducted our audit in accordance with auditing standards generally accepted in the' United States of America and the standards applicable to financial audits contained in Government Auditing Standards, issued by the Comptroller General of the United States.

Internal Control Over Financial Reporting

Management of the City of San Angelo, Texas, is responsible for establishing and maintaining effective internal control over financial reporting. In planning and performing our audit, we considered City of San Angelo, Texas' internal control over financial reporting as a basis for designing our auditing procedures for the purpose of expressing our opinions on the financial statements, but not for the purpose of expressing an opinion on the effectiveness of City of San Angelo, Texas' internal control over financial reporting. .

Our consideration of internal control over financial reporting was for the limited purpose described in the first paragraph of this section and was not designed to identify all deficiencies in internal control over financial reporting that might be significant deficiencies or material weaknesses and therefore, there can be no assurance that all deficiencies, significant deficiencies, or material weaknesses have been identified. However, as described in the accompanying schedule of findings and questioned costs, we identified a certain deficiency in internal control over financial reporting that we consider to be a significant deficiency. We did not identify any deficiencies in internal control over financial reporting that we consider to be material weaknesses, as defined above.

A deficiency in internal control exists when the design or operation of a control does not allow management or employees, in the normal course of performing their assigned functions, to prevent, or detect and correct misstatements on a timely basis. A material weakness is a deficiency, or a combination of deficiencies, in internal control such that there is a reasonable

515 West HatTis Avenue' Post Office Box 71 • San Angelo. Texas 76902-0071 • Phone (325) 653-6854 • Fax (325) 655-5857 • www.annstrongbackus.com

possibility that a material misstatement of the entity's financial statements will not be prevented, or detected and corrected on a timely basis.

A significant deficiency is a deficiency, or a combination of deficiencies, in internal control that is less severe than a material weakness, yet important enough to merit attention by those charged with governance. We consider the deficiency described in the accompanying schedule of findings and questioned costs to be a significant deficiency {12-0 I}.

Compliance and Other Matters

As part of obtaining reasonable assurance about whether City of San Angelo, Texas' financial statements are free of material misstatement, we performed tests of its compliance with certain provisions of laws, regulations, contracts, and grant agreements, noncompliance with which could have a direct and material effect on the determination of financial statement amounts. However, providing an opinion on compliance with those provisions was not an objective of our audit, and accordingly, we do not express such an opinion. The results of our tests disclosed no instances of noncompliance or other matters that are required to be reported under Government Auditing Standards.

We noted certain other matters that we reported to management of City of San Angelo, Texas in a separate letter dated April 19,2013.

City of San Angelo, Texas' response to the rmding identified in our audit is described in the accompanying schedule of findings and questioned costs. We did not audit City of San Angelo, Texas' response and, accordingly, we express no opinion on it.

This report is intended solely for the information and use of management, the Mayor, others within the entity, the City Council, and federal awarding agencies and pass-through entities and is not intended to be, and should not be, used by anyone other than these specified parties.

San Angelo, Texas April 19,2013

ARMSTRONG,BACKUS & CO., LLP Certifi e d Public Accountants

Amcrican Institute 01' Ccrti fkd Publ ic Accountant s Tcxas Soc iety of Ccnifi ecl Public ACCCOlllllanlS

Independent Auditors' Report on Compliance with Requirements That Could Have a Direct and Material Effect on Each Major Program and on Internal Control Over

Compliance in Accordance with OMB Circular A-133

Honorable Mayor and City Council City of San Angelo, Texas

Compliance

We have audited City of San Angelo, Texas' compliance with the types of compliance requirements described in the U.S. Office of Management and Budget (OMB) Circular A-133 Compliance Supplement that could have a direct and material effect on each of City of San Angelo's major federal programs for the year ended September 30, 2012. City of San Angelo, Texas' major federal programs are identified in the summary of auditors' results section of the accompanying Schedule of Findings and Questioned Costs. Compliance with the requirements of laws, regulations, contracts, and grants applicable to each of its major federal programs is the responsibility of City of San Angelo, Texas' management. Our responsibility is to express an opinion on City of San Angelo, Texas' compliance based on our audit.

We conducted our audit of compliance in accordance with auditing standards generally accepted in the United States of America; the standards applicable to financial audits contained in Government Auditing Standards, issued by the Comptroller General of the United States; and OMB Circular A-133, Audits of States, Local Governments, and Non-Profit Organizations. Those standards and OMB Circular A-133 require that we plan and perform the audit to obtain reasonable assurance about whether noncompliance with the types of compliance requirements referred to above that could have a direct and material effect on a major federal program occurred. An audit includes examining, on a test basis, evidence about City of San Angelo, Texas' compliance with those requirements and performing such other procedures as we considered necessary in the circumstances. We believe that our audit provides a reasonable basis for our opinion. Our audit does not provide a legal determination of City of San Angelo, Texas' compliance with those requirements.

In our opinion, City of San Angelo, Texas complied, in all material respects, with the compliance requirements referred to above that could have a direct and material effect on each of its major federal programs for the year ended September 30, 2012. However, the results of our auditing procedures disclosed an instance of noncompliance with those requirements, which is required to be reported in accordance with OMB Circular A-133 and which is described in the accompanying Schedule of Findings and Questioned Costs as item 12-01.

515 West Han'is Avenue' Post Office Box 7 I • San Angelo, Texas 76902-0071 • Phone (325) 653-6854 • Fax (325) 655-5857' www.armstrongbaekus.com

Internal Control Over Compliance

Management of City of San Angelo, Texas is responsible for establishing and maintaining effective internal control over compliance with the requirements of laws, regulations, contracts, and grants applicable to federal programs. In planning and performing our audit, we considered City of San Angelo, Texas' internal control over compliance with the requirements that could have a direct and material effect on a major federal program to determine the aUditing procedures for the purpose of expressing our opinion on compliance and to test and report on internal control over compliance in accordance with OMB Circular A-133, but not for the purpose of expressing an opinion on the effectiveness of internal control over compliance. Accordingly, we do not express an opinion on the effectiveness of City of San Angelo, Texas' internal control over compliance.

A deficiency in internal control over compliance exists when the design or operation of a control over compliance does not allow management or employees, in the normal course of performing their assigned functions, to prevent or detect and correct, noncompliance with a type of compliance requirement of a federal program on a timely basis. A material weakness in internal control over compliance is a deficiency, or combination of deficiencies, in internal control over compliance, such that there is a reasonable possibility that material noncompliance with a type of compliance requirement of a federal program will not be prevented, or detected and corrected, on a timely basis.

Our consideration of internal control over compliance was for the limited purpose described in the first paragraph of this section and was not designed to identify all deficiencies in internal control over compliance that might be deficiencies, significant deficiencies, or material weaknesses. We did not identify any deficiencies in internal control over compliance that we consider to be material weaknesses, as defined above. However, we identified a certain deficiency in internal control over compliance that we consider to be a significant deficiency as described in the accompanying Schedule of Findings and Questioned Costs as item 12-01. A significant deficiency in internal control over compliance is a deficiency, or a combination of deficiencies, in internal control over compliance with a type of compliance requirement of a federal program that is less severe than a material weakness in internal control over compliance, yet important enough to merit attention by those charged with governance.

Schedule of Expenditures of Federal Awards

We have audited the financial statements of the governmental activities, the business-type activities, the aggregate discretely presented component units, each major fund, and the aggregate remaining fund information of the City of San Angelo, Texas, as of and for the year ended September 30, 2012, which collectively comprise the City of San Angelo, Texas' basic financial statements, and have issued our report thereon dated April 19, 2013, which contained unqualified opinions on those financial statements. Our audit was conducted for the purpose of forming opinions on the financial statements that collectively compromise the City of San Angelo, Texas' basic fmancial statements. The Schedule of Expenditures of Federal Awards is presented for purposes of additional analysis as required by u.S . Office of Management and Budget Circular A-133, Audits of States, Local Governments, and Non-Profit Organizations, and is not a required part of the financial statements. Such information is the responsibility of management and was derived from and relates directly to the underlying accounting and other records used to prepare the financial statements. The information has been sUbjected to the aUditing procedures applied in the audit of the basic financial statements and certain additional procedures, including comparing and reconciling such information directly to the underlying accounting and other records used to prepare the financial

statements or to the financial statements themselves, and other additional procedures in accordance with auditing standards generally accepted in the United States of America. In our opinion, the information is fairly stated, in all material respects, in relation to the financial statements as a whole.

City of San Angelo, Texas' response to the finding identified in our audit is described in the accompanying schedule of findings and questioned costs. We did not audit City of San Angelo, Texas' response and, accordingly, we express no opinion on the responses.

This report is intended solely for the information and use of management, the mayor, others within the entity, the City Council, federal awarding agencies, and pass-through entities and is not intended to be and should not be used by anyone other than these specified parties.

San Angelo, Texas April 19, 2013

CITY OF SAN ANGELO



Federal Pass-Through

CFDA Dlsbursements/ Amount to Federal Grantor/Pass-Through Grantor/Program Title Grant Number Number Expenditures Subreciplents

U.S. DEPARTMENT OF AGRICULTURE

Passed-Through the Texas Department of State Health Services: Special Supplemental Nutrition Program For

Women, Infants, and Children 2011-037212-001 10.557 $ 885,833 $ -0-

$ 885,833 $ -0-

U.S. DEPARTMENT OF THE INTERIOR

Passed-Through the Texas Parks and Wildlife Department: TPWD National Recreational Trails Program 15.921 $ -0- $ ·0-

$ -0- $ -0-

U.S. DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT

Direct Programs: Community Development Block Grant B-10-MC-48-0025 14.218 $ 643,787 $ -0-Community Development Block Grant B-11-MC-48-0025 14.218 779,828 -0-

$ 1,423,615 $ -0-

HOME Investment Partnership Program M 10-MC-48-0224 14.239 $ 351,277 $ 110,889 HOME Investment Partnership Program M11-MC-48-0224 14.239 402,135 120,816

$ 753,412 $ 231,705 Passed-Through the Texas Department of Rural Affairs:

Texas Neighborhood Stabilization Program 77099999128 14.228 $ -0- $ ·0-$ -0- $ ·0-

U.S. DEPARTMENT OF TRANSPORTATION

Direct Programs: Airport Improvement Program 3-48-0191-030-2010 20.106 $ 166,268 $ -0-Airport Improvement Program 3-48-0191-031-2010 20. 106 386,612 -0-Airport Improvement Program 3-48-0191-032-2011 20.106 328,882 -0-Airport Improvement Program 3-48-0191-033-2012 20.106 -0- -0-

DOT-OST-2011-0119 20. 106 -0- -0-

$ 881,762 $ -0-

Passed-Through the Texas Department of Transportation: Highway Research, Planning, and Construction 50-12XFOO 14 20.205 $ 153,810 $ -0-

$ 153,810 $ -0-

U.S. DEPARTMANT OF JUSTICE

Direct Programs: 2011 Justice Assistance Grant 2011 -DJ-BX-3006 16.710 $ 33,629 $ -0-2012 Justice Assistance Grant 2012-DJ-BX-0539 16.710 -0- -0-

$ 33,629 $ ·0-

U.S. DEPARTMENT OF HOMELAND SECURITY

Passed-Through the Texas Department of Public Safety: Emergency Management Performance Grant llTX-EMPG-0885 97.042 $ 71,358 $ -0-

$ 71,358 $ -0-

Passed-Through the Tom Green County United Way: Emergency Food and Shelter Program 840400-001 97.024 $ 3 ,306 $ -0·

$ 3,306 $ -0-

6

CITY OF SAN ANGELO


For the Year Ended September 30,2012

Federal Pass-Through

CFDA Disbursements/ Amount to Federal Grantor/Pass-Through Grantor/Program Title Grant Number Number Expenditures Subrecipients

U.S. DEPARTMENT OF HEALTH AND HUMAN SERVICES Passed-Through the Texas Department of State Health Services:

Center of Disease Control and Prevention Investigations and 2011-038710-001 93.283 $ 96,283 $ -0-Technical Assistance

Center of Disease Control and Prevention Investigations and 2013-041434 93.283 7,357 -0-Technical Assistance

Preventive Health and Health Services Block Grant 2012-039447-001 93.991 137,784 -0-Preventive Health and Health Services Block Grant 2013-041431-001 93.991 8,808 -0-

$ 250,232 $ -0-

U.S. DEPARTMENT OF ENERGY Direct Programs:

Energy Efficiency and Conservation Block Grant DE-SCOO03205 81.128R $ 701,946 $ -0-

$ 701,946 $ -0-

NATIONAL ENDOWMENT FOR THE ARTS Direct Programs:

Design - Concho River Trail 11-4292-7058 45.024 $ -0- $ -0-$ -0- $ -0-

Total Expenditures of Federal Awards $ 5,158,903 $ 231,705

7


Notes to the Schedule of Expenditures of Federal Awards


NOTE A - GENERAL

The accompanying schedule of expenditures of federal awards presents the activity of all applicable federal awards of the City of San Angelo for the year ended September 30, 2012. Federal awards received directly from federal agencies as well as federal awards passed through other government agencies are included on the schedule. Federal awards include expenditures funded with program income but exclude expenditures funded with City matching funds.

Federal programs were accounted for in Special Revenue and Capital Projects governmental fund types and the Enterprise proprietary fund type.

NOTE B - BASIS OF ACCOUNTING

The accompanying schedule of expenditures of federal awards is presented using the modified accrual basis of accounting (accrual basis for proprietary funds) to the extent grants are approved and applicable government cost principles specified by each grant, contract, and agreement are allowed. Under those cost principles, certain types of expenditures are not allowable or are limited as to reimbursement. The City does not recover indirect costs unless expressly allowed by each award.

Federal grant revenues are generally considered to be earned to the extent of expenditures made under the provisions of the grant and, accordingly, when such funds are received, they are recorded as deferred revenues until earned.

NOTE C - SUB-RECIPIENT FUNDING

Of the federal expenditures presented in the Schedule of Expenditures of Federal Awards, the City provided federal awards to SUb-recipients totaling $231,705. These awards were funded to various SUb-recipients under the HOME Investment Partnership Program as follows:

Program HOME Investment Partnership Program

NOTE D - OUTSTANDING LOANS

CFDANumber 14.239

Amount $ 231,705

The City has provided loans through its various housing programs. The outstanding balance of loans at September 30,2012 was $901,015.

8


Schedule of Findings and Questioned Costs


I. Summary of Auditors' Results

Financial Statements

Type of auditors' report issued:

Internal control over financial reporting: Material weaknesses identified? Significant deficiencies identified that are not

considered to be material weaknesses? Noncompliance material to financial statements noted?

Federal Awards

Internal control over financial reporting: Material weakness identified? Significant deficiencies identified that are not

considered to be material weaknesses? Type of auditors' report issued on compliance for major

programs: Any audit findings disclosed that are required to be

reported in accordance with section SlO(a) of OMB Circular A-133?

Identification of major programs: CFDA # 20.106 - Airport Improvement Program

Unqualified opinion

No

No No

No

Yes

Unqualified opinion

Yes

CFDA # 81.128 - Energy Efficiency and Conservation Block Grant

Dollar threshold used to distinguish between Type A and Type B programs:

Auditee qualified as low-risk auditee?

9

$300,000

Yes


Schedule of Findings and Questioned Costs


II. Findings Relating to the Financial Statements

There were no findings noted.

III. Findings and Questioned Costs for Federal Awards

12-01 - Reporting

Condition: The final financial report for the Energy Efficiency and Conservation Block Grant was filed before expenditures were incurred by the City.

Criteria: Recipient should report expenditures to the cognizant agency in the period in which they were incurred, and financial reporting should also be reconcilable to the City's general ledger.

Cause of Condition: The staff member in charge of administering this grant was not familiar with the accounting compliance requirements involving the reporting of Federal expenditures.

Effect of Condition: Reports submitted to the Federal cognizant agency reported disbursements as of December 2011 that weren't incurred until 2012. The report was also marked as final, even though the project wasn't complete. When the City reported final expenditures to the cognizant agency, the project had not been completed as reported.

Recommendation: We recommend the following step to correct this internal control deficiency:

1) Assign a qualified staff member to oversee all grants that is knowledgeable about the financial statement impact of Federal grants and the grants' related compliance requirements.

2) Assign a qualified staff member to review financial reports submitted to cognizant agencies and verify that information reported to grantors agrees with the accounting information recorded in the City's general ledger.

10

12-01 Reporting

Contact Person:


Corrective Action Plan


Bill Smith, Chief Accountant (325) 657-4271

To correct this deficiency, the City is in the process of filling an open position in the Finance division. The job description will be rewritten to include the auditors' recommendations.

11


Status of Prior Audit Findings


11-01 - Cash Management

Condition: In August 2011 the City received an advance of Federal funds totaling $865,000, which was the maximum amount awarded. As of September 30,2011, only $163,054 had been disbursed. These funds were invested through the City's pooled cash and investment accounts, therefore earning interest.

Cause of Condition: The staff member in charge of administering this grant was not familiar with the cash management compliance requirement of the grant.

Recommendation: We recommended the following step to correct this internal control deficiency:

Current Status:

11-02 - Reporting

Condition:

1) Assign a qualified staff member to oversee all grants that is knowledgeable about the financial statement impact of Federal grants and the grants' related compliance requirements.

Corrected

The City did not file its September 30, 2011 Quarterly Performance Report accurately or timely.

Cause of Condition: The City does not maintain a separate line item in the general ledger for Federal expenditures; they are combined with nonFederal expenditures. As a result, an incorrect amount was reported as Federal expenditures of this grant in the quarter reported.

Recommendation: We recommended that the City set-up separate expenditure line items to accumulate the Federal expenditures of this grant. In doing so, non-accountant City staff will be better equipped to properly and timely file required reports to the Federal agencies.

Current Status: Reporting was not correct for the year ended September 30, 2012 as noted in the Schedule of Findings and Questioned Costs {12-01}.

12

ARMSTRONG,BACKUS & CO., LLP Certif i ed Public Accou n tants

Amcrican fJlstitute of Cert ifi ed Public Accountan ts Texas Society of Certified Publ ic Acccounlaills

Independent Auditors' Report on Supplementary Information

Honorable City Mayor and City Council City of San Angelo, Texas

We have audited the financial statements of the governmental activities, the business-type activities, aggregate discretely presented component units, each major fund, and the aggregate remaining fund information of the City of San Angelo, Texas, as of and for the year ended September 30, 2012, which collectively comprise the City of San Angelo, Texas' basic financial statements, and have issued our report thereon dated April 19, 2013, which contained unqualified opinions on those financial statements. Our audit was conducted for the purpose of forming an opinion on the financial statements as a whole. The Schedule of Expenditures of State Awards on page 14, which is the responsibility of management, is presented for purposes of additional analysis and are not a required part of the financial statements. Such information has not been SUbjected to the aUditing procedures applied in the audit of the financial statements, and, accordingly, we do not express an opinion or provide any assurance on it.

San Angelo, Texas April 19,2013

515 West Han'is Avenue· Post Office Box 71 • San Angelo. Texas 76902-0071 • Phone (325) 653-6854 • Fax (325) 655-5857 • www.aI1llstrongbackus.com

CITY OF SAN ANGELO

Schedule of Expenditures of State Awards


State Grantor/Pass-Through Grantor/Program Title Grant Number

Program Award

Amount Disbursements/

Expenditures

SPECIAL EVENTS TRUST FUND NRCHA Celebration of Champions

TEXAS PARKS AND WILDLIFE San Angelo Concho River Trail II 50-000444

14

$

$

102,005 $ 102,005

500,000 109,005

602,005 $ 211,010

SUMMARY OF EXPERIENCE

I. Capacity of Key Staff Members a. Steve Diaz – Steve Diaz has worked in the Community and Housing Support

Division for almost nine years. Steve has over 25 years of construction/rehabilitation experience. Steve has also been a Certified Lead Inspector for seven years. Steve is in charge of the Home Rehabilitation & Emergency Repair programs. He has managed and inspected over 200 rehabs and 500 emergency repairs while working for the City of San Angelo. About a quarter of our rehabs and emergency repairs involve retrofitting homes for disabled individuals which include the following: ADA showers, tubs, commodes, and sinks, widening doorways for wheelchair access, and building ramps for access to the home entrance.

b. Mauri Rodriguez – Mauri Rodriguez has worked in Community & Housing Support for eight years. She is very experienced in records management and client intake. Mauri manages the finances for the CDBG & HOME grants the city receives annually & the NSP1 grant the city received a few years ago. She is responsible for ensuring all projects/activities are in compliance with all federal regulations and that all funds are spent expeditiously. Mauri is also well versed in the client intake and eligibility verification process and the process of uploading and entering information into the Housing Contracting System (HCS) for TDHCA.

c. Chris Deanda – Chris Deanda has over ten years of client intake experience. She has worked in Community and Housing Support for three years, and previously worked in Social Services for XXX years. Chris currently manages all client intake for both the Rehab and Emergency Repair programs and verifies each clients eligibility for the CDBG funded programs. Chris also has experience performing initial inspections of all projects for the past year and is accompanying the project manager, Steve Diaz, on final inspections as well.

II. Organizational Knowledge & Experience in Serving Persons with Disabilities

a. Forest Park Duplexes: The Community & Housing Support (CHS) Division of the City of San Angelo manages a duplex complex that is reserved for low income elderly disabled clients. These duplexes have been retrofitted to provide a barrier-free living space. These units have ADA showers, built in handrails, extended toilets, lower sinks and counters, electrical/mechanical lifts as required, wheelchair flooring, flipper door handles, and widened doorways. The CHS staff has managed and maintained the duplexes for 16 years and has provided modifications as required for individual tenants.

b. Homeowner Rehab: Assistance is provided to eligible low/moderate income homeowners within the city limits of San Angelo. Expenditures are limited to $24,999.00 per unit but average approximately $16,000 per project. Modifications to provide barrier-free living space, when feasible, for homes occupied by either disabled or elderly individuals requiring such modifications are included. As part of this program, we have installed ADA showers, ADA bathtubs, ADA commodes, wheelchair ramps, and modified doorways. Homes will also receive work to reduce lead-based paint hazards, if necessary, based on requirements set by HUD regulations. Projects are scheduled first come first served and will be executed throughout the year. The goal for this funding is to complete repairs for approximately 15 unduplicated households annually. Services have continued throughout the year since 1996.

c. Emergency Repairs – This program provides a 100% grant for low/moderate income homeowners for up to $5,000.00 in Emergency Repairs. An emergency is a situation or condition that occurred without warning (within two (2) weeks), is detrimental to life, health, or safety and requires immediate action. Action must be taken within 24-72 hours to remediate the emergency situation. Modifications to provide barrier-free living space, when feasible, for homes occupied by either disabled or elderly individuals requiring such modifications are also included. The goal for this funding is to complete repairs for approximately 40 unduplicated households annually. Services continue throughout the year.

d. Neighborhood Blitz: Using Community Development Block Grant entitlement

allocation and local funding, nearly 400 city workers and 450 community volunteers take part in the annual Neighborhood Blitz (facilitated by Community & Housing Support staff), which repairs and paints homes and cleaned up the neighborhoods targeted for revitalization. The blitz, a part of the City's Neighborhood Revitalization Program, has been hosted by the city since 2009. A total of 48 homes were repaired and painted this past year, and over 250 homes have been repaired since the program’s introduction.

e. Affordable Housing Assistance Program thru Local ½ Cents Sales Tax: The City expends $350,000 annually to support affordable housing via the local ½ cent sales tax program for new home construction. This provided gap financing for 6 first-time homebuyers and 38 minor housing repairs as part of the annual neighborhood blitz which included modifications to provide barrier-free living space for homes occupied by either disabled or elderly individuals.

TEXAS DEPARTMENT OF HOUSING AND COMMUNITY AFFAIRSHOUSING TRUST FUND

Administrator:

Inspector Name:

Inspector Address:

Phone:

Email:

QUALIFIED INSPECTOR CERTIFICATION

City of San Angelo

Steve Diaz

52 W. College, San Angelo, TX 76903

325-655-0824

[email protected]

INSPECTOR CERTIFICATION

I, __ S_t_ev_e_D_ia_z -', certify that I am a:(print full name)

o Professional Inspector as described in 10 TAC §20.IO(c)(3):

"A professional home inspector as evidenced by the Administrator to ensure inspectionsare performed by a person who has received current and comprehensive training to enablethem to conduct effective inspections. Completion of the training required to be a licensedTREC inspector would be acceptable evidence of such training."

OR[(] Qualified Inspection Individual as described in 10 TAC §20.l0(4):

"Certified by the Administrator that the individual has professional certifications, relevanteducation or minimum five (5) years experience in a field directly related to homeinspectio , including but not limited to installing, servicing, repairing or maintaining thestruc , mechanical, plumbing and electrical systems found in Single Family Housing

1 enced by inspection logs, certifications, training courses or other

09/05/2013Date

ADMINISTRATOR CERTIFICATION

Administrator hereby certifies that all documentation provided by this Inspector regarding his or herqualifications has been examined and meets the requirements of 10 TAC Chapter 20 as described above.

~~ _ 09/05/2013Signature of Administrator Date

WARNING: Title 18, Section 1001 of the U.S. Code makes it a criminal offence to make willful, falsestatements or misrepresentations to any department or agency in the United States as to any matterwithin its jurisdiction.

TDHCA Housing Trust FundQualified Inspector Certification July 2013

cd.cdbg

Typewritten Text

III. Qualified Inspector Certification

cd.cdbg

Typewritten Text

City of San Angelo

Memo DATE: August 8, 2013 TO: Mayor and Council Members FROM: Robert Salas, Director of Community Development SUBJECT: Agenda Item for September 17, 2013 Council Meeting CONTACT: Robert Salas 655-0824 CAPTION: Consent

Consideration of authorizing the Housing Support Division to apply for access to the online Reservation System to reserve 2014-2015 Amy Young Barrier Removal Program funds managed by TDHCA and approval of a resolution allowing the City to participate in the program.

------------------------------------------------------------------------------------------------------------------------------------------------ Summary: The Housing Support Division requests approval to apply for access to the online Reservation System to reserve 2014-2015 Amy Young Barrier Removal Program funds and allow the city to participate in the program. History: Previously known as the HomeFree Barrier Removal and Rehabilitation Program, the Amy Young Barrier Removal Program is a program managed by the Texas Department of Housing & Community Affairs (TDHCA) which helps finance home modifications that include the addition of handrails and ramps, widening of doors, adjusting countertops and cabinets to appropriate heights, installation of buzzing or flashing devices for persons with visual or hearing impairments, and installation of accessible showers, toilets, and sinks.

The Program provides one-time grants for up to $20,000 per home with at least 75 percent of each home’s total grant to be used for barrier removal. Up to 25 percent of each home’s total grant may be used for health or safety hazard removal, unless otherwise approved by the Department. Funds target qualifying individuals who earn no more than 80 percent of the area median family income. The city will be reimbursed directly after completion of each project.

Financial Impact: Funds are reimburseable, so we foresee no overall financial impact. Related Vision Item: Neighborhood Revitalization. Other Information/Recommendations: Staff requests approval to proceed with the application process. Attachments: Resolution and Grant Application

Presentation: None Publication: None Reviewed by Department Director: N/A

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN ANGELO, TEXAS, AUTHORIZING THE CITY MANAGER TO APPLY TO ACCESS THE RESERVATION SYSTEM FOR 2014-2015 AMY YOUNG BARRIER REMOVAL PROGRAM FUNDS AND APPLY ON BEHALF OF THE SAN ANGELO HOUSING SUPPORT DIVISION FOR SUCH GRANT FUNDS; AND APPROVING ACCEPTANCE OF GRANT FUNDS AWARDED

WHEREAS, the Amy Young Barrier Removal Program is managed by the Texas

Department of Housing & Community Affairs to assist in the financing of home modifications to assist persons with handicaps that include adding handrails and ramps, widening doorways, adjusting countertops and cabinets to accessible heights, installing assistance devices for the vision or hearing handicapped, and the installing of accessible plumbing fixtures; and,

WHEREAS, the City Council of the City of San Angelo finds it is in the best interest of the

citizens of San Angelo, Texas, that the Council authorize application to access the Reservation System for 2014-2015 Amy Young Barrier Removal Program funds and application on behalf of the City of San Angelo Housing Support Division for such grant funds, and to accept grant funds awarded; and,

WHEREAS, the City Council shall provide no matching funds for the award of said grant

funds; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL FOR THE CITY OF SAN ANGELO, TEXAS, THAT: The City Council for the City of San Angelo: approves application to access the reservation system for 2012-2015 Amy Young Barrier Removal Program Funds on behalf of the San Angelo Housing Support Division; designates Daniel Valenzuela, City Manager as the individual authorized to execute a written Reservation System Access Agreement and any other documents related to the application; and authorizes the acceptance of grant funds awarded. PASSED, APPROVED, AND ADOPTED this day of , 2013.

CITY OF SAN ANGELO, TEXAS ____________________________

ATTEST: Dwain Morrison, Mayor

_______________________ Alicia Ramirez, City Clerk

APPROVED AS TO CONTENT: APPROVED AS TO FORM: _______________________________ ___________________________ Robert Salas, Neighborhood & Family Lysia H. Bowling, City Attorney Services Director

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 &

2

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.

3

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

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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)

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12

13

14

15

16

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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.

THE CITY OF SAN ANGELO

____________________________________

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. History and Background: 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.


Responses in Favor: 0 Responses in Opposition: 0 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 Approved As To Content: Approved As To Form: _________________________ ________________________ AJ Fawver, Planning Manager Lysia H. Bowling, City Attorney

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.


Responses in Favor: 2 Responses in Opposition: 0

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.

THE CITY OF SAN ANGELO

____________________________________

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






Caption: Discussion of naturally occurring radioactive material as it relates to the Hickory Groundwater Supply Project.

(Presentation by Water Utilities Director Ricky Dickson)

Summary: Representatives from an independent consulting firm (Jacobi Consulting) that specializes in nuclear regulatory issues will provide a presentation on the levels of naturally occurring radioactive material found the Hickory Aquifer and the regulatory, health and environmental risks associated with the production, transportation and treatment of the water. History: In 2008 the City Council and the Water Advisory Board recommended that the Hickory Aquifer be developed as a water supply source for the City of San Angelo. Following preliminary feasibility studies and securing of a low interest loan from the Texas Water Development Board, construction on the first Hickory project began in the Fall of 2011. Since this time five projects have been designed, advertised and awarded for construction. The last project, Well Field Expansion – Package 2, is in the design phase. Water produced from the aquifer contains the naturally occurring radioactive element radium in concentrations that produce about 37 pCi/L of radionuclides. This level of radioactivity exceeds the 5 pCi/L maximum contaminate level established by the TCEQ. The treatment plant will reduce the radionuclide level so that the level in the produced water does not exceed the regulatory limit.

Financial Impact: None. Other Information/Recommendation: N/A Attachments: Presentation Presentation: Ricky Dickson. Publication: None. Reviewed by Service Area Director: Ricky Dickson, Water Utilities Director, September 4,

2013.

City of San Angelo



From: Tim Wolff, Stormwater Engineer


Contact: Tim Wolff, Engineering Services Division, 657-4202

Caption: REGULAR Agenda Item

Presentation and discussion on installing sidewalks along W 19th Street between N Bryant Blvd and the railroad west of Lillie Street

Summary: The area around W 19th Street west of N Bryant Blvd has significant pedestrian activity; however, concrete sidewalks have only been provided along the residential streets of that area. Pedestrians also walk along 19th Street, as evidenced by the worn trail through the grass on the south side of the street.

Previously, no funding has been approved for a sidewalk project on 19th Street mostly because of the challenges involved in constructing those sidewalks. Right-of-way must first be acquired, and then plans must be created showing a sidewalk path meandering through the numerous physical obstacles.

This item is to present the challenges and options to providing a safe, convenient pedestrian path along W 19th Street.

History: This topic was first discussed in depth by the City several years ago when the Neighborhood and Family Services Department investigated using grant funds to increase safety in the Blackshear neighborhood by building sidewalks on several streets. Director Bob Salas, along with area resident Jerry Sea, went door-to-door visiting with neighbors to solicit opinions on a proposed sidewalk along 19th Street. The response was overwhelmingly positive; however, the estimated steep cost of construction halted further discussion of the idea at that time. The topic has been broached a few times since then with no physical action taken.

Financial Impact: $135,800 to $214,700 (preliminary estimate)

Related Vision Item

(if applicable):

Neighborhood Vision – This project will help to foster a sense of community; provide adequate amenities for a portion of this neighborhood; ensure safer neighborhood traffic; and attract reinvestment in this area.

Transportation Vision – This project will aid the transportation system by creating safer pedestrian travel routes on sidewalk facilities along the roadway.

Parks and Open Space Vision – This project will provide additional unstructured recreational opportunities (walking, jogging, etc.) and extend the pedestrian network between activity centers.


This item is for discussion and may be added to the CIP discussion.

Attachments: 1. Memo to Assistant City Manager Michael Dane discussing this item, challenges faced, and estimated costs.

Presentation: by Tim Wolff, Stormwater Engineer

Publication: N/A


September 13, 2013 by A.J. Fawver, Interim Director of Development Services

Approved by Legal: N/A

City of San Angelo Engineering Services


To: Michael Dane, ACM / CFO

From: Tim Wolff, Interim City Engineer

Subject: 19th Street Sidewalks

Mr. Dane, The issue of sidewalks on the north side of 19th Street has been discussed and investigated for several years. Below you will find data, photos, and cost estimates for installing those sidewalks, as well as a discussion of the concerns and issues involved in placing the sidewalks in that area. SUMMARY COSTS Estimates for the construction of sidewalks along 19th Street are provided.

Estimated Cost of Construction of 5’ Sidewalks along 19th Street from N Bryant Blvd to the Railroad Tracks

Construction Cost

Right-of-Way Acquisition

Total Cost

North Side $205,000 $9,700 $214,700 South Side $130,000 $5,800 $135,800

BACKGROUND This topic was first discussed in depth by the City several years ago when the Neighborhood and Family Services Department investigated using grant funds to increase safety in the Blackshear neighborhood by building sidewalks on several streets. Director Bob Salas, along with area resident Jerry Sea, went door-to-door visiting with neighbors to solicit opinions on a proposed sidewalk along 19th Street. The response was overwhelmingly positive; however, the estimated steep cost of construction halted further discussion of the idea at that time. The topic has been broached a few times since then with no physical action taken. DISCUSSION Because of a couple of serious issues, this project would not be as simple as a basic sidewalk project. The right-of-way along W 19th Street is essentially occupied by the entire street. On the north side, the right-of-way line is adjacent to the back of the curb, whereas the line on the south

side is approximately two feet from the back of the curb. That leaves no room for a typical 5-foot sidewalk on either side. In addition, a few of the houses are relatively close to the street. A sidewalk would decrease the front yard, especially if the sidewalk was located a few feet from the curb. See Figure 1 below as an example of the limited right-of-way.

FIGURE 1. PROPERTY LINES ALONG 19TH STREET

Also, both sides of the street contain numerous obstructions to aligning a sidewalk. Obstacles such as trees, mailboxes, power poles, guy wires, signs, fences, planters, and landscaping are prevalent. Navigating a sidewalk through this area would likely mean that the sidewalk’s distance from the back of curb would vary, producing a winding path. Examples of obstructions are shown in Attachment A. The south side of 19th Street appears to have considerably fewer obstructions. Therefore, the construction cost of a sidewalk on that side is significantly cheaper. In addition, a sidewalk on the south side would not be required across the Stripes Convenience Store lot at the intersection of 19th Street with N Bryant Blvd – reducing the total length by about 200 feet for construction and right-of-way acquisition. Also, if you notice the worn pedestrian trails in Attachment A, they are currently on the south side. Evidently, that is the side of the street that is currently used for pedestrian traffic. That, of course, does not necessarily mean that pedestrians have a preference for a sidewalk on the south side; it may be merely because of the existing difficulties of traversing the north side. There are also short sections of existing sidewalk on the south side. SOLUTIONS Two solutions exist for the limited right-of-way concern. One option is to purchase a strip of land to widen the right-of-way. Land costs would likely not be high because of the general desire of the local residents to gain a sidewalk. Average land values in the area are $23,100 per acre on the north side and $19,600 per acre on the south. On the north side of the street, a

ten-foot wide strip of land would contain about 0.38 acre, resulting in an estimated cost of $8,800. On the south side, it would be necessary to obtain approximately eight feet. An eight-foot wide strip would contain 0.27 acre, costing around $5,300. The numbers shown in the Summary above also include a 10% contingency. Another option is to have the residents grant a public use easement instead of actually purchasing the property. This should be a relatively cheaper alternative; however, it might create a sense of liability on the property owners’ part. If a person was injured while on another person’s property, the property owner may be liable for damages. Although this would not be common, there have been court cases regarding this issue. It is recommended to purchase the extra right-of-way outright, either on the north or south side. The widened right-of-way would also be beneficial for street maintenance, reconstruction, or widening. The costs shown in the Summary reflect fee simple purchases of a 10’ strip on the north side and an 8’ strip on the south side. The solutions to avoiding the many obstructions along 19th Street would include removal or relocation of the obstruction or avoidance by aligning the sidewalk in a meandering pattern. The costs shown in the Summary reflect a combination of the two methods and are merely “ballpark” estimates obtained through past experiences and conversations with contractors.

ATTACHMENT A OBSTRUCTIONS TO SIDEWALK ALIGNMENT North Side – looking west:

North Side – looking east:

South Side – looking east:

City of San Angelo

Memo



From: Jeff Hintz, Interim Senior Planner

Subject: Vision Plan - Proposed Amendment to the Comprehensive Plan for the following area of the City:

Location: Properties located within an approximately 1,800 foot radius of the

intersection of Armstrong Street and 28th Street in north-central San Angelo. Please see attached maps in this report for a more graphic depiction of this area.

Purpose: Approval of this request will change the Vision Plan Map of the area

Contacts: Jeff Hintz, Interim Senior Planner -and- 657-4210 AJ Fawver, Interim Director of Development Services Caption: APPROVAL OF AN AMENDMENT TO VISION PLAN COMPONENT

OF THE SAN ANGELO COMPREHENSIVE PLAN UPDATE ADOPTED IN 2009, SPECIFICALLY PROPERTIES LOCATED WITHIN AN APPROXIMATELY 1,800 FOOT RADIUS OF THE INTERSECTION OF ARMSTRONG STREET AND 28TH STREET IN NORTH-CENTRAL SAN ANGELO.


Approve the proposed Vision Plan map amendments as presented; Remand the Vision Plan map back to Planning Commission for further discussion; or Deny the proposed Vision Plan Map Amendment in its entirety or on a property by property basis; or Make Changes deemed necessary and approve the request.

Recommendation: Planning staff recommends approving the proposed Vision Plan Map Amendment. Planning Commission recommend approval of this request by a vote of 5-0 at the August 19, 2013 meeting.


Mr. Art De La Pena approached staff about a zone change to a commercial usage in April of 2013 on a property he owns in this area. After discussion with staff and further elaboration into the business type that was proposed, an amendment to the Comprehensive Plan would need to take place before this request for commercial usage could be finalized. This request was brought to the Planning Commission on May 20th and the Planning Commission directed staff to re-examine the Comprehensive Plan's Vision Plan map in this area, and study the area to bring back a report and any recommended changes at a future meeting.

Analysis: The staff recommendation is based upon the statements listed below.

Generally speaking, the predominant land use of this area if one was forced to pick one word and summarize it would be residential. The overwhelming majority of this study area (95% of the parcels studied) were existing or currently zoned for residential development. That being said, staff is aware of the commercial presence in the area consisting of TX DOT, KLST & KSAN, as well as an auto repair shop (that is currently under construction), Vision Oil Tools (currently under construction), and the municipal water district office in this area. Many of these uses have existed for decades, but the major changes to the area are south of 28th Street and on the west side of Armstrong Street. in 2012, the Planning Commission heard a request for zone change that allowed the present construction of the auto repair shop in this area. Recently the site of Vision Oil Tools transitioned from an outdoor storage facility of vehicles, to that of a warehouse and office. This area has infrastructure present and is currently is overwhelmingly residential in nature. In looking at the Census Data for this area from 2010, this area is home to approximately 300-350 people at this current time; this is not exact, but it staff's best guess based upon the Census data gathered and remaining properties not included in the Census data. The data presented accounts for most of this area rather well, but there are areas included in staff's study area that do not match a Census Tract or Block. This is generally avoided whenever possible, so the data can be as accurate as possible; in this case it was not able to be avoided and the tract with the missing blocks (see attached map) stretches east to the Paulann area. As such it was not included in order to keep the data as accurate to this area as possible. The exact number of population for the blocks highlighted is 283 people at the time the Census information was collected in late 2009 and early 2010.

At this time there were slightly more males than females; with a one exception (see the median age for Block 5006), the median ages for this study area are in the early 30's to early 50's. This grouping of people occupied 103 housing units, 80 of which the owner resided in and 23 which were rented out. The average household size for those units that were rented and those units that were owner occupied varied slightly, but the overall average for all the tracts was right around 3 persons per household. When looking at the age distribution and family distribution (knowing the average household is right around 3 people), this is very important to consider when making future land use decisions for this particular area. This tells one examining the numbers that the majority of this population are of working age and live in a family situation; 85% (240/283) of people identified their living situation as a family household at the time of the Census. When looking at the age of the existing population who are presently referred to as children or young adults, the majority of this group will be of working or post secondary education age (assumed to be 15-18 for this purpose) over the next decade. This means, this area will transition from more of a family environment, with children playing and a bit more noise to that of a quieter area in the coming decade. As children leave the house and venture out on their own, the needs and desires of the area will change. As adults with children reach retirement age, some may have more money since they are assumed in many cases, to no longer be supporting their offspring. In moving forward, alternative living options for current residents will likely become an issue for this area as yard maintenance and other home ownership responsibilities may become more of a problem in the future. As such, proper opportunities for a retirement center or assisted living facilities may become a desirable outcome in the future. Without them, many people could be forced to relocate from the neighborhood where they have lived for many years due to a lack of housing choices in an appropriate scale and location within the neighborhood. Now that there is a little bit of understanding about the existing population and area, staff can begin to address the current Vision Plan Map and any changes that need to be made to it. This area currently has a good network of collector, arterial, and local streets to handle traffic circulation both now and in the future for this residential development. Caution needs to be exercised when adding new commercial development so that it is focused at nodes to create centers of activity. Not only is clustering of commercial enterprises and higher density residential land uses consistent with the Comprehensive Plan, but it keeps existing neighborhoods of single family nature at this time quiet and isolated. Additionally, it keeps these traffic generating uses at major intersections where traffic can be handled and dispersed adequately, away from quiet residential neighborhoods. By keeping commercial uses at busier corners or nodes, and introducing appropriate buffers into the neighborhoods mixes of land uses can occur that promote appropriately scaled developed and isolation of neighborhoods at the same time. Long strips of commercial development along major corridors and four lane roads may seem popular in the short term, but are not sustainable or conducive to redevelopment in the long term. Chadbourne Street is a prime example of this; a commercial strip of zoning was designated in the 1950's and introduced zoning that was not of an appropriate intensity or scale to the surrounding neighborhoods. As a result, many of these neighborhoods now see dilapidated buildings, lowered property values, and less interest to develop and/or redevelop properties. Commercial and neighborhood

development can be compatible with one another when appropriate scale and intensity are observed through planning efforts. That being said, the red on the vision map indicates commercial type development and would also include the most intense land uses this area would see. Another key component of this proposed Vision Plan Map is the buffering of the neighborhoods from commercial usage with lower intensity Neighborhood Centers (in pink) intended for neighborhood scale commercial development and higher density residential development. This higher intensity residential development could come in the form of townhomes, duplexes, multi-family dwellings, twin homes, retirement centers, or assisted living facilities to name a few of the housing choices. Back to our population who will be nearing retirement age in the next 20-25 years (some sooner); these folks probably like the neighborhood they live in and in some cases will not be able to maintain and keep up with a traditional yard and single-family house; others may be able to, but simply will not want to any longer. Now is the time to plan for this before it is too late. Higher density residential development is of an appropriately scaled density to work as a buffer from the single family residences present in this area into the commercial uses and busier roadways. This type of buffer is only a suggestion, but would be one that would work rather well in the Neighborhood Center or Transitional (in brown) envisioned areas. Currently, there are Heavy Commercial and General Commercial Zoning Districts abutting directly to Single-Family Residentially Zoned properties. At the time being, this has worked in some cases, but in the past outdoor storage of unlimited quantity was separated from these residences with only a privacy fence as a buffer. A privacy fence is a PART of a buffering strategy, but is certainly not the entire buffer. A strategy of uses and zoning districts working together will promote protection of property values and keep neighborhoods isolated and quiet, which is exactly what they have been intended for. The Transitional envisioned areas have been located around the areas where the highest intensity uses would conceivably be allowed through this proposed amendment (bear in mind, no buffer is currently in existence or planned for at this moment in time). Transitional areas have a unique goal in the sense of the comprehensive plan; one being a transition from a more intensive area or zoning to that of a less intensive land use or zoning; two, being a buffering land usage to help isolate. Goal Two of the Transitional Areas section of the Comprehensive Plan states:

"Transition Areas should be used to graduate density and intensity of activity to maintain connectivity (to commercial areas), improve pedestrian experience, and provide areas for increased housing and nonresidential options not currently being met."

With the population characteristics this area has, coupled with the existing land use patterns observed in the field, transitional usage is something that is lacking in this area in general. There is a stark contrast in land uses in terms of intensity of uses. Heavy intensity commercial areas may be appropriate in this area and necessary in the future, however industrial certainly is not appropriate in this area under any circumstance. The proposed Vision Plan map allows for some higher intensity commercial activities and more importantly provides opportunities to diversify both housing and commercial options in the area. Transitional areas also can function as lower intensity commercial

zoning providing a buffer and transition from that of a higher commercial zoning or intensity. Zoning decisions in the future will be based upon this map in accordance with state law and as such, it is extremely important to get them right. Mistakes in zoning can take decades to correct and even then the damage has already been done to the community and surrounding property owners through devaluation of property and disinvestment in property. This leads to a loss in tax base as properties fall into disrepair and abandonment, this trend also pushes development further and further outside of the City. The proposed amendment will allow this area to grow sustainably for the current term and the future; this amendment works for current commercial property owners and even gives those property owners surrounding the commercial developments many options to develop their property for the first time. Most importantly, the character and quietness of existing residential developments can be protected in the short term and in the future. A lot of this area has room for infill development through subdivisions of property, but there are still opportunities for first time development of a properties that currently sit vacant. As such, it is paramount that this Vision Plan match the desires and goals of the community before the development begins in the first place. Staff finds that if this proposal is approved that development will occur in a sustainable and responsible manner both now and in the future, something paramount in this neighborhood as with any other in the community. For all of these reasons, staff recommends approving the proposed amendments to the Comprehensive Plan's Vision Plan Map.

Attachments: Summary table of land uses observed in study area; Current Vision Plan Map of the area; Current land use map of the area; Proposed Vision Plan Map; Map showing Census Data Blocks; Census Demographic Data for the area; and Draft minute excerpt from the August 19, 2013 Planning

Commission Meeting.

Presentation: Jeff Hintz, Interim Senior Planner

Total Parcels % Parcels Land Area (acres) % Land Area

Vacant Land Residential (VLR) 89 35.60% 102.35 36.44%

Low Density residential (LDR) 81 32.40% 112.6 40.09%

Higher Density Residential (HDR) 67 26.80% 28.4 10.11%

Non-neighborhood Commercial (NNC) 7 2.80% 26.7 9.51%

Neighborhood Serving Commercial (NSC) 4 1.60% 3.78 1.35%

Vacant Land Commercial (VLC) 2 0.80% 7.05 2.51%

Total 250 100.00% 280.88 100.00%

Block 5000, Block 5001, Block 5006, Block 5007, Block 5008, Block 5009, Block 5017, Total59 33 17 5 9 13 18 28335 20 8 4 5 9 11 1552 0 1 0 0 0 0 82 0 1 0 0 0 1 76 4 1 0 0 0 3 225 1 1 0 0 0 1 114 1 1 1 1 1 0 111 1 0 0 0 0 0 20 0 0 1 0 0 0 21 0 0 0 0 1 0 21 0 0 0 0 0 1 51 2 1 0 1 0 1 92 1 0 0 0 0 0 72 4 0 1 0 0 1 132 2 0 0 1 1 0 81 1 0 0 0 1 1 80 0 1 0 0 1 1 80 0 0 1 0 0 0 10 0 0 0 0 0 0 31 0 0 0 0 1 0 40 1 0 0 1 0 0 31 1 0 0 1 1 0 61 1 1 0 0 1 1 71 0 0 0 0 1 0 61 0 0 0 0 0 0 224 13 9 1 4 4 7 1281 0 1 0 0 0 0 63 2 0 0 0 0 0 100 2 1 0 1 0 0 82 1 2 0 0 1 0 80 0 0 0 0 0 0 20 0 0 0 0 0 0 10 0 0 0 0 0 0 00 0 0 0 0 0 1 21 0 0 0 0 0 0 41 1 1 0 0 0 0 93 1 0 0 0 0 0 74 0 1 0 1 1 0 91 2 1 1 0 1 4 140 0 0 0 0 0 1 51 2 1 0 0 0 0 110 1 0 0 0 0 0 42 0 0 0 0 0 0 50 0 0 0 0 0 0 01 1 0 0 1 0 0 50 0 1 0 0 1 1 42 0 0 0 0 0 0 41 0 0 0 0 0 0 61 0 0 0 1 0 0 4

P12: SEX BY AGE - Universe: Total 2010 Census Summary File 1

Block 1013, Total: 129 Male: 63 Under 5 years 5 5 to 9 years 3 10 to 14 years 8 15 to 17 years 3 18 and 19 years 2 20 years 0 21 years 1 22 to 24 years 0 25 to 29 years 3 30 to 34 years 3 35 to 39 years 4 40 to 44 years 5 45 to 49 years 2 50 to 54 years 4 55 to 59 years 5 60 and 61 years 0 62 to 64 years 3 65 and 66 years 2 67 to 69 years 1 70 to 74 years 2 75 to 79 years 2 80 to 84 years 4 85 years and over 1 Female: 66 Under 5 years 4 5 to 9 years 5 10 to 14 years 4 15 to 17 years 2 18 and 19 years 2 20 years 1 21 years 0 22 to 24 years 1 25 to 29 years 3 30 to 34 years 6 35 to 39 years 3 40 to 44 years 2 45 to 49 years 4 50 to 54 years 4 55 to 59 years 7 60 and 61 years 3 62 to 64 years 3 65 and 66 years 0 67 to 69 years 2 70 to 74 years 1

Source: U.S. Census Bureau, 2010

75 to 79 years 2 80 to 84 years 5 85 years and over 2

Block 5000, Block 5001, Block 5006, Block 5007, Block 5008, Block 5009, Block 5017,

32.5 38.5 19.5 43.5 48.5 52.5 44.519.3 39 17.5 32.5 48.5 55.5 25.541 38.5 30.5 46.5 54.5 44 48.8

P13: MEDIAN AGE BY SEX - Universe: 2010 Census Summary File 1

Block 1013, Median age --


Both sexes 41.3 Male 39.5 Female 44.5

Block 5000, Block 5001, Block 5006, Block 5007, Block 5008, Block 5009, Block 5017, Totals59 33 17 5 9 13 18 283

57 32 17 5 9 13 18 277

47 25 13 0 9 13 16 228

0 0 1 0 0 0 0 1

0 1 0 0 0 0 0 4

0 0 0 0 0 0 0 0

0 0 0 0 0 0 0 0

10 6 3 5 0 0 2 44

2 1 0 0 0 0 0 6

2 1 0 0 0 0 0 6

0 0 0 0 0 0 0 0

0 0 0 0 0 0 0 2

0 0 0 0 0 0 0 0

0 0 0 0 0 0 0 0

1 0 0 0 0 0 0 2

0 0 0 0 0 0 0 0

0 0 0 0 0 0 0 0

0 0 0 0 0 0 0 0

1 0 0 0 0 0 0 1

0 0 0 0 0 0 0 0

0 0 0 0 0 0 0 0

0 1 0 0 0 0 0 1

0 0 0 0 0 0 0 0

0 0 0 0 0 0 0 0

0 0 0 0 0 0 0 0

P1: RACE - Universe: Total population2010 Census Redistricting Data (Public

Block 1013, Total: 129 Population of one race: 126 White alone 105 Black or African American alone 0 American Indian and Alaska Native 3 Asian alone 0 Native Hawaiian and Other Pacific 0 Some Other Race alone 18 Two or More Races: 3 Population of two races: 3 White; Black or African American 0 White; American Indian and Alaska 2 White; Asian 0 White; Native Hawaiian and Other 0 White; Some Other Race 1 Black or African American; American 0 Black or African American; Asian 0 Black or African American; Native 0 Black or African American; Some 0 American Indian and Alaska Native; 0 American Indian and Alaska Native; 0 American Indian and Alaska Native; 0 Asian; Native Hawaiian and Other 0 Asian; Some Other Race 0 Native Hawaiian and Other Pacific 0


Block 5000, Block 5001, Block 5006, Block 5007, Block 5008, Block 5009, Block 5017, Totals18 12 6 2 4 7 6 103

13 5 5 1 3 7 5 80

0 0 0 0 0 0 0 0

2 0 1 0 0 0 0 6

2 1 0 1 0 0 0 10

2 1 1 0 0 2 3 15

0 1 2 0 0 1 1 12

1 0 0 0 0 0 0 6

2 1 0 0 2 2 0 10

2 1 1 0 0 2 1 16

2 0 0 0 1 0 0 5

5 7 1 1 1 0 1 23

1 0 0 0 0 0 0 1

0 0 0 0 0 0 0 1

2 3 1 0 0 0 1 9

1 3 0 0 1 0 0 7

1 0 0 0 0 0 0 2

0 0 0 1 0 0 0 1

0 1 0 0 0 0 0 1

0 0 0 0 0 0 0 0

0 0 0 0 0 0 0 1 Householder 75 to 84 years 0 Householder 85 years and over 1


Householder 55 to 59 years 1 Householder 60 to 64 years 0 Householder 65 to 74 years 0


Householder 85 years and over 2 Renter occupied: 7 Householder 15 to 24 years 0



Owner occupied: 41 Householder 15 to 24 years 0 Householder 25 to 34 years 3

H17: TENURE BY AGE OF 2010 Census Summary File 1

Block 1013, Total: 48

Block 5000, Block 5001, Block 5006, Block 5007, Block 5008, Block 5009, Block 5017, Total59 33 17 5 9 13 18 283

26 10 9 4 1 7 4 123

18 10 3 0 3 6 13 99

15 13 5 1 5 0 1 61

H11: TOTAL POPULATION IN 2010 Census Summary File 1

Block 1013, Total population in occupied housing 129


Owned with a mortgage or a loan 62 Owned free and clear 46 Renter occupied 21


59 33 17 5 9 13 18 283

53 30 15 4 7 9 15 240

14 9 4 1 2 3 4 67

11 4 1 1 2 3 3 42

3 5 3 0 0 0 1 25

11 1 2 1 1 3 2 37

18 12 9 2 2 3 5 83

1 0 0 0 0 0 0 1

3 0 0 0 0 0 0 8

5 3 0 0 0 0 0 20

0 1 0 0 0 0 0 3

0 1 0 0 0 0 0 1

0 0 0 0 0 0 0 0

0 1 0 0 0 0 0 3

0 0 0 0 1 0 3 7

1 2 0 0 1 0 1 10

6 3 2 1 2 4 3 43

3 3 1 1 1 4 1 22

2 3 1 1 1 4 1 20

1 0 0 0 0 0 0 2

1 0 1 0 1 0 1 14

1 0 1 0 1 0 0 11

0 0 0 0 0 0 1 3

2 0 0 0 0 0 1 7

0 0 0 0 0 0 0 0

0 0 0 0 0 0 0 0

0 0 0 0 0 0 0 0

P29: HOUSEHOLD TYPE BY 2010 Census Summary File 1

Block 1013, Total: 129 In households: 129 In family households: 107 Householder: 30 Male 17 Female 13 Spouse 16 Biological child 32 Adopted child 0 Stepchild 5 Grandchild 12 Brother or sister 2 Parent 0 Parent-in-law 0 Son-in-law or daughter-in-law 2 Other relatives 3 Nonrelatives 5 In nonfamily households: 22 Male householder: 8 Living alone 7 Not living alone 1 Female householder: 10 Living alone 8 Not living alone 2 Nonrelatives 4 In group quarters: 0 Institutionalized population 0 Noninstitutionalized population 0

Block 5000, Block 5001, Block 5006, Block 5007, Block 5008, Block 5009, Block 5017,

3.28 2.75 2.83 2.5 2.25 1.86 33.38 4 2.4 4 1.33 1.86 3.43 1.86 5 1 5 0 1


Total 2.69 Owner occupied 2.63 Renter occupied 3

H12: AVERAGE HOUSEHOLD SIZE OF 2010 Census Summary File 1

Block 1013, Average household size --


14 9 4 1 2 3 4 67

11 1 2 1 1 3 2 37

3 8 2 0 1 0 2 30

1 3 0 0 1 0 1 10

2 5 2 0 0 0 1 20

4 3 2 1 2 4 2 36

3 3 2 1 2 4 1 31

1 0 0 0 0 0 1 5

P18: HOUSEHOLD TYPE - Universe: 2010 Census Summary File 1

Block 1013, Total: 48 Family households: 30 Husband-wife family 16 Other family: 14 Male householder, no wife present 4 Female householder, no husband 10 Nonfamily households: 18 Householder living alone 15 Householder not living alone 3

NOTE: A household that has at least one

member of the household related to the

householder by birth, marriage, or

adoption is a "Family household." Same-

sex couple households are included in the

family households category if there is at

least one additional person related to the

householder by birth or adoption. Same-

sex couple households with no relatives of

the householder present are tabulated in

nonfamily households. Responses of

"same-sex spouse" were edited during

processing to "unmarried partner."

"Nonfamily households" consist of people

living alone and households which do not

have any members related to the Source: U.S. Census Bureau, 2010


18 12 6 2 4 7 6 103

2 1 0 0 0 1 1 12

Total: 55 Occupied 48 Vacant 7


H3: OCCUPANCY STATUS - Universe: 2010 Census Summary File 1

Block 1013,

IX. Discussion and possible action to amend portions of the Vision Plan Component of the 2009 update to the San Angelo Comprehensive Plan, specifically Properties located within an approximately 1,800 foot radius of the intersection of Armstrong Street and 28th Street in north-central San Angelo.

Jeff Hintz, Interim Senior Planner, came forward to present this item. This item was requested by a property owner within the study area. No notification was required for this request as a Vision Map Amendment does not re-zone anyone's property. Mr. Hintz discussed the characteristics of the area and explained the process that was taken by staff to study and research the area. The area is home to several commercial entities at this time including a warehouse, television studios, and a TXDot office and warehouse. General rationale for the amendment was presented as to why certain envisioned areas were placed onto the map as well. Some general discussion about what types of land uses were appropriate in each envisioned area, and would be appropriate given the surroundings of the area. No one came forward to speak in favor or in opposition of the amendment to the Vision Plan Map. Motion to approve as presented was made by Sammy Farmer and seconded by Mark Crisp. The motion passed 5-0.

City of San Angelo

Memo

Meeting Date: August 20, 2013


From: Jeff Hintz, Interim Senior Planner

Subject: Vision Plan - Proposed Amendment to the Comprehensive Plan for the following area of the City:

Location: Properties located south from the intersection of Grand Canal Road

and US Highway 277, south to the City Limit Line, and properties located just east of the City Limits line, but outside the City Limits in southern San Angelo. Please see attached maps on this report for a more detailed description.

Purpose: Approval or modification of this request will forward that

recommendation to City Council for a final decision on the matter.

Contacts: Jeff Hintz, Interim Senior Planner - and- 657-4210 AJ Fawver, Interim Director of Development Services Caption: APPROVAL OF AN AMENDMENT TO VISION PLAN COMPONENT

OF THE SAN ANGELO COMPREHENSIVE PLAN UPDATE ADOPTED IN 2009, SPECIFICALLY PROPERTIES LOCATED SOUTH FROM THE INTERSECTION OF GRAND CANAL ROAD AND US HIGHWAY 277, SOUTH TO THE CITY LIMIT LINE, AND PROPERTIES LOCATED JUST EAST OF THE CITY LIMITS LINE, BUT OUTSIDE THE CITY LIMITS IN SOUTHERN SAN ANGELO.


Approve the proposed Vision Plan map amendments as presented; Remand the Vision Plan map back to Planning Commission for further discussion; or

Deny the proposed Vision Plan Map Amendment in its entirety or on a property by property basis.

Recommendation: Planning staff recommends approving the proposed Vision Plan Map Amendment. At the July 15 Planning Commission Meeting, the proposal was recommended for approval by a vote of 6-0.


This majority of this area was annexed to the city limits in 1997. At that time, many of the uses in place included heavier commercial and lighter industrial types. Since that time, neighborhood type development has occurred behind these developments and south of Grand Canal Road.

This proposed amendment was passed partially by the Council at the May 14th meeting with the remainder of the area being remanded to the Planning Commission for further discussion and future submittal of an alternate proposal to the Council at a future date. At the June 17 Planning Commission meeting, staff was directed to come up with a proposal that was more compatible and less of a change than that of the original amendment. The final map in this report illustrates this revised proposal as a result of discussions with the Planning Commission and City Council.

Analysis: The staff recommendation is based upon the statements listed below.

This area, prior to annexation in 1997, was home to more sprawling, but higher intensity land uses; several of these land uses and the structures associated with them are still present to this day. As early 1999, the properties south of Grand Canal Road were subdivided; the area near the intersection for Templin Court and Grand Canal Road was established around 2000. In later years, this residential development continued to the north and east along Grand Canal Road and in 2005, a re-subdivision of this area created Clarice Court. Upon examination of the area, nearly all of these lots have been filled by single family homes, with the exceptions being a couple of lots closest to the industrial and heavier commercial development. This area is home to uses at opposite ends of the land use spectrum that result in some incompatibilities. Generally speaking, residential areas are more successful when isolated from higher-intensity land uses allowed in industrial type zoning. This isn't to say the two designations cannot work in close proximity to one another, but the Comprehensive Plan seeks to buffer these types of land uses with some intermediate zoning designation and land use. In the case of this general region, that bridge or buffering area is not in place. Given that these juxtapositions of land uses occur, it would be prudent for this area to be re-envisioned now so that development in the future can be harmonious with what is present now.

Staff does realize that the industrial areas with higher intensities of land uses were in place prior to the development of this residential neighborhood. As such, it would be highly advantageous to now establish nodes of industrial and commercial areas so that the long term benefit and enjoyment of properties within this area will continue well into the future. Several of the goals within the Zoning Ordinance and Comprehensive Plan is to create predictable land use patterns and consistent development throughout the community for residential, commercial, industrial and other properties. By allowing no transition or "step-down" area from higher-intensity uses into much lower-intensity residential uses, the predictability of future developments is compromised. Developers Clearly, the stark contrast in place now between these land uses (at extreme opposites of the land use spectrum) does not lend itself to predictability; the proper way to build in and create it is an amendment to the Vision Plan Map within the Comprehensive Plan. It should also be pointed out that this proposed amendment is a vision of the future and does not actually rezone property. However, if the present development patterns of this residential area continue, some commercial opportunities or mixed use opportunities may present themselves in the future. Industrial areas (as currently visioned) do not allow for either of these to occur without an amendment to the Comprehensive Plan. By addressing these realities now, future owners, developers, and investors in property will be afforded opportunities to diversify the development in the area. As areas become more diverse, people are able to meet daily needs within walking distance, factories and businesses are able to have workers who live nearby, and commercial enterprises are located much closer to their customer bases. Locating and excluding land uses from one another does not necessarily lead to successful long-term sustainability. Having large pockets and strips of commercial areas creates traffic congestion; if these areas are not spread out in proportion to the population base of the community, areas of town become congested at certain times while other areas go underutilized and eventually developers and property owners become disconnected from that area; over time the area becomes forgotten and eventually, disinvestment occurs. By addressing this issue now, diversification may occur and new development opportunities can be realized before it becomes too late. As industrial and commercial trends change, the highest and best use of the land also changes. Having exclusively one type of envisioned development can lead to negative consequences for an area. By providing for a wide range of uses, the area can re-invent itself while still retaining the predictability and consistency of development everyone in the community seeks. Diversification allows areas to feed off of one another, creating synergy that maintains activity - and thus, business - on a long-term basis. Regarding the proposed changes to the Vision Plan map: the most noticeable one is that the large swath of land area currently envisioned as "Industrial", directly adjacent to the neighborhood areas, has been removed and replaced with other more compatible use types. Staff has found that "Transitional" areas - shown as brown on the proposed Vision Plan map excerpt - will be much more compatible with the existing neighborhood both now and in the future. These transitional areas will allow for development opportunities that are at a more appropriate intensity and density for the adjacent properties, and which factor in the street network and its capabilities. "Transitional" areas in this sense could potentially allow for intermediate uses such as offices, self

service storage warehouses, and higher-density residential opportunities to name but a few. The second change is the large, dark green parcel located north of Grand Canal Road. Currently envisioned for neighborhood development, this parcel is federally owned and contains a drainage area that would likely not be developed in the future. By preserving this area now as open space, it allows some predictability for neighbors both north and south of the canal some assurances that the area is not anticipated for development. It is also a more accurate representation of the property itself, and helps meet the suggestions from the Comprehensive Plan that encourage every neighborhood to be close to types of green space - which can include areas that are not necessarily limited to parks. Just south of the intersection of Grand Canal Road and Templin Court another parcel has been identified as open space; this area is a low spot where drainage currently flows, preserving this as open space in the future will also greatly benefit this area. Two other changes occur at the core of the residential area; a "Neighborhood Center" indicated in pink has been added, and the "Industrial" development at western edge of the city limits (surrounded by current and future envisioned areas of "Neighborhood" development) has been replaced with a "Neighborhood" development designation. This "Neighborhood Center" is intended for lower-intensity commercial enterprises that, generally speaking, will serve the neighborhood without the full intensity of development that commercial areas allow. In addition, higher-density residential opportunities are also encouraged within "Neighborhood Centers". Generally speaking, "Neighborhood Centers" should be located at nodes on key intersections; in this case, when factoring in traffic patterns and accessibility, this particular parcel is readily and easily accessible to the established neighborhoods without having to access Highway 277. As such, the "Neighborhood Center" located south of the existing city limits line has been replaced with rural envisioned development. East of Highway 277, a large strip of commercial development was envisioned for the future. In analyzing this area, several parcels currently sit vacant or underutilized at this time that already have commercial zoning designations. Given the isolation and lack of thru streets to these properties, coupled with the fact that vacant commercially-zoned properties exist north and east of this study area, and within the study area, more commercial envisioned development is not necessary for the area at this time. In the future, changed conditions may require that this area be looked at again, but for the time being the balance of commercial properties in this area is more than the area needs for the foreseeable future. Commercial areas have been located between industrial properties in such a way that the commercial properties are adjacent to neighborhoods and transitional areas for the most part. The transition from industrial, into commercial or transitional, and finally into neighborhoods is something that is highly recommended within the Comprehensive Plan and by Planning staff. The transitions - if established in this order - are logical and predictable, and if followed, will lead to predictable development that all property owners can enjoy both now and in the future. By creating buffer zones and transitions between industrial areas, they will be allowed to flourish without being a detriment to the neighboring, less intensely used properties. By adding in some commercial areas that will serve as a buffer to the neighboring residential uses, more diverse opportunities

may exist which will benefit all residents of the area and the community as a whole. Presently, this area is all envisioned for industrial development which would not allow for neighborhood serving businesses or general retail establishments. Given the growing and established neighborhoods in this area, not capitalizing on this opportunity to introduce these types of developments now, before it gets to be too late would be a mistake. These commercially-envisioned areas are located in highly visible areas and will allow for the highest and best uses of these properties without being a detriment to the function of the roadways, traffic patterns, and land use patterns now or in the future.

Attachments: Current Vision Plan Map of the area; Originally proposed Vision Plan map of the area which was

remanded back to Planning Commission; Thoroughfare Plan map of the area; Revised Vision Plan Map of the area as resulting from

discussion with Planning Commission and City Council; July 15 draft Planning Commission Minutes; June 17 Planning Commission Minutes; May 14 City Council Minutes; and April 15 Planning Commission Minutes.

Presentation: Jeff Hintz, Interim Senior Planner

IX. Discussion and possible action to amend portions of the Vision Plan Component of the 2009 update to the San Angelo Comprehensive Plan, as remanded to Planning Commission by the City Council regarding the following amendment previously approved by the Planning Commission:

Properties located south from the intersection of Grand Canal Road and US

Highway 277, south to the City Limit Line, and properties located just east of the City Limits line, but outside the City Limits in southern San Angelo.

Jeff Hintz, Interim Senior Planner came forth to speak on proposed changes to the

original proposed Plan presented and remanded back by City Council. The area is located along Grand Canal Road in southeast San Angelo. The original proposed Plan incorporates buffers between residential and industrial zones as well as relocating the proposed Neighborhood Center, in an area south of Grand Canal Road. Transition designation was used as buffers – which could in this instance allow for CN, CO and CG zoning and which could possibly allow for increased density, residential development or neighborhood scale compatible commercial development. The drainage canal is being proposed for Open Space, since the area is un-buildable and serves as open space now and likely will continue to do so in the future.

Mr. Wynne was in favor of the current Vision Plan that exists, and was partially

amended by the City Council as a result of a recent zone change in the area. Mr. Wynne expressed concern for an area that is being proposed for ‘Commercial’, but is industrial in nature, with the possible plans for expansion.

Mr. Smith stated that the designation will not affect the current zoning and the uses

allowed in the district. Mr. Hintz elaborated on this point and stated that this is a Vision Plan for the next 25-50 years; this process does not change anyone's zoning, nor does it require anyone to apply for a zone change.

Mr. Hintz mentioned that the proponents are able to make the request for a zone

change – but staff and the Planning Commission are legally required to use the Vision Plan as a central component in making a recommendation to the City Council, who in turn is also guided by this document, when making zoning decisions.

Ms. Jackson asked about the existing uses for the area being proposed for

Transitional. Mr. Wynne stated that there are some houses and warehouses in this area. Mr. Hintz stated that the transitional areas were currently occupied by a residence, contractor, and the other was vacant at this time. Mr. Smith believed some of these areas might be a good place to develop townhouses or other higher density residential projects.

Some discussion about the order of the maps in the report took place and Mr. Hintz apologized for the titling mishap, but clarified which map that was presented contained the proposed request by staff as directed at the last Planning Commission meeting. Motion to approve was made by Ryan Smith and seconded by Valerie Priess and passed 6-0.

B: Properties located south from the intersection of Grand Canal Road and US Highway 277, south to the City Limit Line, and properties located just east of the City Limits line, but outside the City Limits in southern San Angelo.

Mr. Hintz explained the history of what was proposed and went through how it is

different as presented. A portion of this amendment was approved by the City Council, however the remainder was remanded to the Planning Commission for more discussion. More transitional envisioned areas were put into place with an enlarged commercial use; the commercial uses were added in places where industrial envisioned use was directly adjacent to neighborhood envisioned uses. City Council had directed staff and the Planning Commission to work to find a Vision that was a bit more in line with some of the current uses of property that was less drastic of a change as presented at the time.

Mr. Wynne didn’t see the box factory of being neighborhood center in the future, and

anticipated several other industrial uses to be present for some time. Mr. Lawrence explained the rationale behind the area not being a neighborhood any longer due to heavy emphasis on industrial uses.

Joe Grimes made a motion for staff to come up with a compromise on the current

amendment presented today and what Council was looking for in this particular area. Valerie Priess seconded this motion, which passed 5-0.

Page 510 Minutes Vol. 104 May 14, 2013 Z 13-13: David and Pam Hilton 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: 525 Preusser Street, located at the southwest corner of Preusser Street and North Poe Street. This property specifically occupies the Ellis Addition Block 4, N 115' of Lots 1 & 2 and E 33.5' of Frary Addition, Block 19, Lot 6, in central San Angelo, adding the zoning classification of Historic Overlay (HO) District; PROVIDING FOR SEVERABILITY AND PROVIDING A PENALTY Interim Director of Development Services AJ Fawver presented background information. A copy of the presentation is part of the Permanent Supplement Record. General discussion was held on the L-shaped lot, staff’s explanation noting the historic designation is applied by the tax parcel, and that such designation only applies to the structure. Motion, to introduce the Ordinance, as presented, was made by Councilmember Silvas and seconded by Councilmember Farmer. Motion carried unanimously. DIRECTION TO STAFF TO REMAND THE AMENDMENT TO VISION PLAN COMPONENT OF THE SAN ANGELO COMPREHENSIVE PLAN UPDATE ADOPTED IN 2009, SPECIFICALLY PROPERTIES STARTING APPROXIMATELY 800 FEET WEST FROM THE INTERSECTION OF LOOP 306 AND BAZE STREET, THENCE IN A NORTHERLY DIRECTION TO FM 2105, AND EASTERLY THROUGH THE CITY LANDFILL AND ENCOMPASSING PROPERTIES ANNEXED TO THE CITY LIMITS IN DECEMBER OF 2011, AND CITY OWNED PROPERTIES EAST OF NORTH US HIGHWAY 67 NORTH AND EAST OF THE CURRENT INDUSTRIAL PARK IN THE FAR NORTHEAST PORTION OF SAN ANGELO Interim Senior Planner Jeff Hintz presented background information. A copy of the presentation is part of the Permanent Supplement Record. General discussion was held on the types of zoning classifications, allowable uses within the classifications, the need to provide flexibility to the owners by designating the entire area industrial, and the necessary notification requirements should the classifications change. Motion, to remand the amendment to the Planning Commission, particularly to further review the commercial designation within the proposed area, was made by Councilmember Morrison and seconded by Councilmember Hirschfeld. Motion carried unanimously. APPROVAL OF AN AMENDMENT TO THE THOROUGHFARE PLAN COMPONENT OF SAN ANGELO'S COMPREHENSIVE PLAN, SPECIFICALLY PLANNED PROJECTIONS OF SMITH BOULEVARD AND PAULANN BOULEVARD AND OTHER PLANNED THOROUGHFARES IN NORTHEAST SAN ANGELO Interim Senior Planner Jeff Hintz presented background information. A copy of the presentation is part of the Permanent Supplement Record. General discussion was held on the future planned roads and future connectivity. Motion, to approve the amendment, as presented, was made by Councilmember Morrison and seconded by Councilmember Hirschfeld. Motion carried unanimously. APPROVAL OF AN AMENDED PROPOSAL TO VISION PLAN COMPONENT OF THE SAN ANGELO COMPREHENSIVE PLAN UPDATE ADOPTED IN 2009, SPECIFICALLY PROPERTIES LOCATED SOUTH FROM THE INTERSECTION OF GRAND CANAL ROAD AND US HIGHWAY 277, SOUTH TO THE CITY LIMIT LINE, AND PROPERTIES LOCATED JUST EAST OF THE CITY LIMITS LINE, BUT OUTSIDE THE CITY LIMITS IN SOUTHERN SAN ANGELO; AND, DIRECT TO STAFF TO REMAND

Minutes Page 511 May 14, 2013 Vol. 104 THE REMAINING PROPOSED CHANGES TO THE PLANNING COMMISSION FOR FURTHER REVIEW Interim Senior Planner Jeff Hintz presented background information. A copy of the presentation is part of the Permanent Supplement Record. General discussion was held on the impact to existing businesses, Motion, to accept, as presented, was made by Councilmember Alexander. Motion failed due to the lack of a second. Motion, to approve proposed the changes bounded by Clarice Court , north grand canal road to east of 277, including Grand Canal Point Addition Tracts 1,2,3,4 and Sunset Ranch Estates , Lot 17, as presented; and, remanding the remaining proposed changes to the Planning Commission, was made by Councilmember Hirschfeld and seconded by Councilmember Farmer. Further discussion was held on the future development of housing located next to commercial zoned properties, conditional uses, allowable uses within the various zones, protecting the future development for the existing property owners, future property uses, and correcting those with non-compliance zone uses. A vote was taken on the motion on the floor. Motion carried unanimously. FIRST PUBLIC HEARING AND INTRODUCING AN ORDINANCE AMENDING CHAPTER 12, EXHIBIT “A” (ZONING ORDINANCE) OF THE CODE OF ORDINANCES, CITY OF SAN ANGELO PD 13-02: Luke Burnett 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 1245 Grand Canal Road, located approximately 500 feet east of the intersection of Grand Canal Road and Clarice Court. The property specifically occupies a proposed Second Replat of Sunset Ranch Estates, Section Two, Block Two, Lot 17B in southern San Angelo, changing the zoning classification from Office Warehouse (OW) to Planned Development (PD) District; PROVIDING FOR SEVERABILITY AND PROVIDING A PENALTY Interim Senior Planner Jeff Hintz presented background information. A copy of the presentation is part of the Permanent Supplement Record. Motion, to introduce the Ordinance, as presented, was made by Councilmember Alexander and seconded by Councilmember Morrison. Motion carried unanimously. APPROVAL OF CHANGE ORDER #15 TO INCLUDE THE REPAIR OF THE PEDESTRIAN BRIDGE WEST OF ABE STREET UNDER THE AGREEMENT WITH TEMPLETON CONSTRUCTION CO., INC., CONSTRUCTION MANGER AT RISK, FOR THE CONCHO RIVER & PARKS REHABILITATION PROJECT PK-05-10 IN THE AMOUNT OF $167,128.00, AND REQUESTING APPROVAL FOR SAID AMOUNT TO BE FUNDED IN EQUAL PARTS BY RIVER PROJECT CONTINGENCY FUNDS AND THE CITY SELF-INSURANCE FUND; AND AUTHORIZING THE CITY MANAGER TO EXECUTE SAID CHANGE ORDER Parks and Recreation Director Carl White presented background information. A copy of the presentation is part of the Permanent Supplement Record. Motion, to approve the change order, as presented, was made by Councilmember Morrison and seconded by Councilmember Silvas. General discussion was held on whether to repair or rebuild the bridge, and the cost differential. A vote was taken on the motion on the floor. Motion carried unanimously.

VII. Discussion and possible action to amend portions of the Vision Plan Component of the 2009 update to the San Angelo Comprehensive Plan, specifically properties located south from the intersection of Grand Canal Road and US Highway 277, south to the City Limit Line, and properties located just east of the City Limits line, but outside the City Limits in southern San Angelo.

Jeff Hintz, Interim Senior Planner came forward to present this request. Staff

recommends approving amendments to the Vision Plan. He explained how the industrial uses could be buffered away from the area, and that industrial uses had already existed in the area. He showed a drainage area on the map and explained an intersection that was problematic, discussing how TXDot had already been apprised of accidents that had occurred there and was aware of the problem. Mr. Grimes questioned the neighborhood center section of the proposed amendment. Mr. Hintz explained that it would better serve the current neighborhood, however, the current proposal did not provide ease of accessibility and also that traffic problems could arise due to the intersection. The current Vision Plan shows the area as industrial. Luke Burnett spoke in favor of the Vision Plan amendment. He explained how he approached the City about buying a lot in the area; lot 17. He explained how he wanted to buy the property and fabricate steel buildings in the area, that the steel supplier was nearby, with easy access to the highways. He understood that a zone change could not be recommended by staff without it meshing with the Vision Plan. He explained what his intentions for the area is, which will be discussed in the upcoming case at this meeting (PD13-02: Luke Burnett). No opposition was presented. Mr. Grimes made a motion to approve the staff recommended changes, Mr. Smith seconded it. Motion passed unanimously, 6-0.

City of San Angelo



From: Robert Schneeman, Interim Director of Economic Development

Subject: Agenda Item for September 17, 2013 meeting

Contact: Bob Schneeman, 657-4210

Caption: Presentation of the City of San Angelo Development Corporation calendar year 2012 Annual Report and discussion and possible action regarding goals, objectives, and procedures for COSADC

Summary:

At its regular meeting of August 28, 2013 it was requested by the COSADC Board that staff look into the possibility of conducting a joint COSADC - City Council meeting. At the meeting staff could present the proposed revisions to the Policy Guidelines as approved by COSADC as well as any other items COSADC and / or Council might like to discuss possibly including but not limited to the following:

• Goals and objectives for COSADC • Specific types of projects / industries to be pursued • Temporary housing in the Industrial Park • Continued sales of property in the Industrial Park • Other items of discussion identified by the Board and / or Council • Suggested date or dates for the meeting

The COSADC Board will be discussing potential topics for the joint meeting at their regular meeting on September 11, 2013. In addition, Bob Schneeman will be presenting the COSADC 2012 Annual Report to Council at the next Council Meeting on September 17, 2013. As a part of that presentation Mr. Schneeman will enquire of Council their views on a joint meeting as well as any potential topics for discussion.

Financial Impact: N/A


Staff recommends holding one or more joint meetings and developing a list of topics to be discussed in an effort to ensure continued coordination with Council, and the creation and achievement of common goals between Council and COSADC.

Presentations: Robert Schneeman

Publication: N/A

Attachments: Preliminary Calendar Year 2012 Annual Report

i

PRELIMINARY

Annual Report 2012 City of San Angelo Development

Corporation

Advance San Angelo

www.sanangelodevelopment.com

http://www.sanangelodevelopment.com/

i

Contents Mission Statement: ....................................................................................................................................... 2

Leadership Message (From Scott Tankersley & Robert Schneeman) ........................................................... 3

Economic Snapshot ....................................................................................................................................... 4

Marketing and Business Recruitment ........................................................................................................... 5

Recruitment Projects .................................................................................................................................... 6

The Evolution of COSADC .............................................................................................................................. 9

Business Retention and Expansion ............................................................................................................. 10

Business Resource Center ........................................................................................................................... 11

San Angelo Target Industries & Niches ....................................................................................................... 13

Key Strategies for Economic Development ................................................................................................ 14

Development Process Improvement Plan for Subdivisions & Permitting .................................................. 14

Transportation ............................................................................................................................................ 17

Affordable Housing ..................................................................................................................................... 18

Community Development Projects ............................................................................................................. 19

Concho River Improvement Project ............................................................................................................ 19

Hickory Aquifer: ...................................................................................................................................... 20

Rio Vista Park: ......................................................................................................................................... 20

Livestock Barn: ........................................................................................................................................ 21

Municipal Swimming Pool Improvements: ............................................................................................. 21

Airport Terminal Renovation: ................................................................................................................. 22

50th Street Project: .................................................................................................................................. 23

Board of Directors ....................................................................................................................................... 24

2

Mission Statement: The City of San Angelo Development Corporation working with economic development partners will

retain, strengthen and diversify the job base of the community to ensure a vibrant business climate for

San Angelo and the region.

3

Leadership Message (From Scott Tankersley & Robert Schneeman)

Scott Tankersley President

Robert Schneeman Interim Executive Director

2012 was a big year for the City of San Angelo Development Corporation. After undergoing significant

transition last year, COSADC moved forward and came together as a team. The board of directors and

the staff tackled a wide range of projects, including:

Completing the construction of the one-stop shop Business Resource Center; moving into the

newly renovated facility; and hosting a grand opening;

Continuing improvement on the Business retention and Expansion Program including a

streamlined subdivision review and construction permitting process;

Completion and Delivery of the COSADC Strategic Plan and beginning plan implementation;

Sponsoring the Ports-to- Plains Annual Conference and West Texas Trade Summit;

Recruiting, executing performance agreements with and facilitating the location of MedHab, LLC

to San Angelo;

Funding oversight of the Hickory Aquifer Pipeline project, 50th Street & Grape Creek Road

projects, the Concho River Improvements project, Municipal Pool Renovation and other half

cent sales tax funded projects;

In the new year we are striving to make San Angelo’s economy even stronger through continued

creativity and commitment from COSADC, the Economic Development Partners and the entire

community to focus on strengthening and diversifying the market in the community.

Although 2012 and early 2013 again brought significant changes including one board member, Tony

Villarreal, departing and a new member, Pedro Ramirez, joining the Board; the departure of Economic

Development Coordinator Donna Osborne and subsequent hiring of Cindy Hartin to fill that position; the

departure of the Executive Director, Shawn Lewis in December 2012 and appointment of Robert

Schneeman as Interim Director; and the departure in early 2013 of Economic Development Coordinator

Cindy Hartin, we look forward to an exciting and successful year ahead.

4

Economic Snapshot

-100

641

133

-788

731

-41

-44

137

233

313

723

-1,000 -800 -600 -400 -200 0 200 400 600 800 1,000

Construction

Education & Health Services

Financial Activities

Information

Leisure and Hospitality

Manufacturing

Natural Resources & Mining

Other Services

Professional & Business Services

Public Administration

Trade, Transportation & Utilities

Difference in employment between 1st quarter, 3rd month, 2007 and 2013

Ind

ust

ry S

up

ers

ect

ors

New Jobs in Tom Green County, TX 2007 to 2013 (1st quarter, 3rd month employment)

-2 25

-21 -5

38 -14

3 8

38 0

-3

-30 -20 -10 0 10 20 30 40 50

Construction

Financial Activities

Leisure and Hospitality

Natural Resources & Mining

Professional & Business Services

Trade, Transportation & Utilities

Difference in number of establishments between 1st quarter, 3rd month, 2007 and 2013

Ind

ust

ry S

up

ers

ect

ors

New Businesses in Tom Green County, TX 2007 to 2013

(1st quarter, 3rd month establishments)

5

Marketing and Business Recruitment Through a contract with the San Angelo Chamber of Commerce, COSADC markets San Angelo and

recruits companies by attending trade shows, participating in state and national associations distributing

marketing pieces, placing advertising outside of the community, responding to requests for proposals

and information from prospective companies and coordinating details when business prospects visit San

Angelo.

This work is accomplished by the Chamber’s Economic Development Division which includes John

Dugan, Vice President for Marketing and Recruitment, and Hope Baron, Economic Development

Specialist.

2012 Trade Shows Include:

World Ag Expo (Tulare, California)

Lone Star Solar Summit

Wind Power 2012 (Atlanta, Georgia)

Specialty Equipment Market Association (Las

Vegas, Nevada)

International Council of Shopping Centers

(Dallas, Texas)

List of Association Events:

Texas Midwest Community Network Annual

Meeting

Texas Midwest Community Network “Network

Lunch”

Texas Midwest Community Network “Dinner

and Conversation”

Texas Midwest Community Network Quarterly

Board Meeting

Ports-to-Plains Annual Meeting

Texas Economic Development Council Annual

Meeting

Area Development’s Site Selector Forum

West Texas Trade Summit

High Ground of Texas Annual Board Meeting

International Economic Development Council’s

BREP training course

Prospects Hosted:21

Marketing and Trade Shows:

Ads Places in trade magazine: 6 plus trade show

materials

Contacts made at trade shows: Innumerable

Marketing material mailed to trade show

contacts: 600+

Requests for Proposals in 2012: 49

6

Recruitment Projects Once the Chamber of Commerce has successfully added San Angelo to a company’s list of possible cities

in which to locate, COSADC staff members, with direction from the COSADC board and City Council,

formulate an incentive offer which the Chamber of Commerce and/or COSADC staff members

communicate to the prospective company.

MedHab LLC

MedHab is a leading edge company in the medical device industry. MedHab entered into a performance

agreement with the City of San Angelo Development Corporation in August 2012. According to that

agreement MedHab LLC will locate their production operation here in San Angelo and create between

75 and 227 full time qualifying positions. Also in accordance with the performance agreement MedHab

was required to locate in the Incubator Annex at 2009 West Beauregard Avenue which they did in

December 2012.

Following are the major incentive items in the agreement between COSADC and MedHab, LLC

Effective Date of Agreement – August 22, 2012

Term of Agreement - Agreement Terminates January 1, 1919 or 6 years after final payments

have been made

2009 West Beauregard Lease Assistance – move in within 120 days of Effective Date (lease

continues 3 years) – Lease agreement executed December 19, 2012

Job Creation – within 6 years of Effective Date (August 22, 2018) create & retain a minimum of

75 Full Time Equivalents (FTEs) and incentivize up to a total of 227 FTEs within the same time

frame – Incentive =$7,929.00 per FTE*

Job Retention - Must retain positions for 6 years from date of payment of incentive

Capital Investment - $125,000.00 minimum within 2 years

Capital Investment or Capital Lease – within 6 years to a maximum incentivized $2,000,000.00

(incentive equals 15% of capital investment up to $300,000.00)

Real Property Investment – within 6 years renovations or improvements to purchased site up to

$1,100,000.00 (incentive equals 52% up to $575,000.00)

Code Compliance Incentive- 25% 0f renovation code compliance items up to $12,500.00

As of December 31, 2012 MedHab had not requested nor had they been paid any incentives under the

agreement.

Ethicon

Ethicon is the 10th largest employer in San Angelo. In 2010 Ethicon submitted a request to COSADC for

incentives to expand and modernize their existing plant and to incentivize the retention and /or

retraining of up to 30 at risk positions within the plant. The overall intent of the incentives was to help

ensure job retention and to assist in making the San Angelo plant more competitive relative to other

Johnson and Johnson locations for more modern processes. The main points of the Ethicon agreement

are as follows:

7

Capital investment – Between $16M and $28M

Job retention – up to 30 at risk positions

City Tax Rebate – Based on increase in appraised value 100% first year; 75% second year; 50%

third year and $25% fourth year – can be accomplished in two phases

County Tax Abatement – same terms as City rebate

Job retention Incentive – $5,000 per position for retention and an additional $5,000 per position

for retraining resulting in at least a 10% increase in wages – maximum incentive $300,000.00

Note: to date Ethicon has not elected to execute the job retention agreement)

Capital Investment as of December 31, 2012 - Over $19.8M

City tax Rebate to Date - $181,182.50

Hirschfeld Energy Systems, LLC ( formerly Martifer- Hirschfeld Energy Systems, LLC)

In December 2009 COSADC entered into an economic development performance agreement with

Martifer–Hirschfeld Energy Systems, LLC to construct a renewable energy plant geared to the

production of towers for the wind energy industry. In addition, the City of San Angelo also entered into

an agreement with Martifer- Hirschfeld. Martifer-Hirschfeld Energy Systems, LLC was a jointly owned

subsidiary of Martifer Wind Energy systems, LLC a Delaware limited liability company and Hirschfeld

Wind Energy Solutions, a Texas limited liability company. In April 2012 COSADC was notified that

Hirschfeld Wind Energy Solutions II would become the owner of the Martifer portion of the plant; that

the company name would be changed to Hirschfeld Energy Systems, LLC; and that the plant would

remain in business. Since that time, Hirschfeld has completed all standing orders for wind towers and

has aggressively entered the oil and gas energy market producing tanks and other vessels in support of

that industry. The main points of the COSADC agreement with Hirschfeld are as follows:

Capital Investment Phase 1 - $20M

Capital Investment Phase 2 - $20M (Total $40M )

Job Creation – up to 225 Full Time Equivalents (FTE)

Note: FTE is defined on a sliding scale as $31,531.00 in 2010 increasing yearly to $38,671.00 IN

2015)

Land Purchase Incentive - $280,000 for purchase of land upon which plant is to be constructed

Construction Funding Incentive - $500,000 upon completion of $15M investment

Construction Funding Incentive 2 - $500,000 upon completion of Phase 1 construction

Job Creation Incentive - $6,000 per FTE up to 225 or a total of $1,350,000

The Land Purchase and construction requirements were met by the company and incentives paid

accordingly.

Job creation and incentives paid to date are as follows:

2010 – 47 FTEs / $282,000

8

2011 – added 134 FTEs / $804,000

2012 – added 50 FTEs / *

*Although the total salary paid for the year 2012 yielded the equivalent of 50 additional FTEs, total

employment at the end of the year was less than at the height of employment for the year. When the

4th quarter payroll for the year was annualized, the equivalent rate was 155 FTE’s or 26 FTEs less than

the total incentivized for the previous year. COSADC and Legal staff are currently working with the

company to determine the long range employment goals for the company and a schedule for repayment

of any funds due.

Glazers Wholesale Drug Company, Inc.

COSADC and the City entered into agreements with Glazers in May 2010 for the expansion of Glazers

existing operations in San Angelo, the retention of existing jobs and the creation of new jobs. The main

points of those agreements are as follows:

Land Acquisition – 10.757 Acres

Facility Construction - $7,200,000.00

Job Retention - 45 FTEs (FTE = $31,720.00 per year)

Job Creation – 79 FTEs (FTE = $33,390.00)

Job Creation Incentive - $7,500.00 per FTE for up to 124 total FTEs and a maximum incentive of

$930,000.00 from COSADC

City Property Tax Rebate – Upon completion of land acquisition, facility construction and job

retention and creation per the above, City will rebate annual property taxes as follow:

Years 1 & 2 – 100%

Years 3 &4 – 90%

Years 5-7 – 75%

Years 8- 10 – 50%

Job creation and incentives paid to date are as follows:

Job Retention and Creation – 124 FTEs / $930,000 (Glazers currently have 173 FTEs, well above

the requirement which they have exceeded since year 1)

City Property Tax Rebate - $204,235.40

Glazers has continued to comply with and exceed all requirements of their agreement with COSADC

Blue Cross Blue Shield of Texas

COSADC entered into an agreement with Blue Cross Blue Shield of Texas (BCBS) in April 2009, under

which agreement BCBS agrees to maintain its current facility and retain its current payroll of $12 million

in exchange for a ten year property tax assistance grant.

Grant Amount - $37,118.00 per year

Grant paid to date - $37,118 per year for 3 years = $111,354.00

Note: BCBS has not applied for their 2012 grant as of the publication of this document however

BCBS as of their last reporting, BCBS has well exceeded the required performance.

9

The Evolution of COSADC

1999 – Voter Approval of the Half Cent Sales Tax

In 1999 the voters approved the adoption of a Section 4B sales and use tax within the City of San Angelo

in accordance with Section 4B of Article 5190.6 of Vernon’s Annual Civil Statutes. Under the original

authorization, use of the half cent sales tax was limited to Lake Nasworthy Dredging, Coliseum and

Fairgrounds projects and the promotion and / or development of new or expanding business

enterprises. The term of financing those projects was limited to 6 years.

2004 Reauthorization by the Voters

In 2004 the voters approved the reauthorization of the half cent sales tax and expanded the eligible

project list. The 2004 ballot initiative allowed the use of the tax for infrastructure projects relating to the

development of water supply facilities for water reuse and / or the use of fresh or brackish ground water

and the development and institution of water conservation programs. In addition, the voters also

authorized the funding of Concho River improvements, parks and sports facilities improvements and the

maintenance thereof, Fort Concho Museum, coliseum and fairgrounds improvements, and the

development of an affordable housing program. The use of funds for the development, creation ,

retention and expansion of authorized business enterprises that create or retain primary jobs was also

approved, and the term of financing was set at 20 years.

2010 Ballot

The half cent sales tax was again placed before the voters in 2010 with a proposal to repeal the

expiration date of the 2004 authorization with certain conditions. Among these, the voters approved

funding water related projects on an increasing basis from a minimum of 21% of total half cent sales tax

receipts increasing to a maximum of 72% of receipts as voter approved projects are completed. The

maximum amount of total half cent sales tax receipts allocated for job creation and retention projects

authorized under the act was set at 28%.

10

Business Retention and Expansion

San Angelo has a strong network of regional economic development partners that serves the

region well, anchored by the City of San Angelo Development Corporation and the San Angelo

Chamber of Commerce, and including a number of additional key partners such as ASU, the

ASU Small Business Development Center, Downtown San Angelo, Howard College, SAISD,

and the Concho Valley Workforce Development Board.

However, there are few clear lines of responsibility relating to the handling of prospects, and to

economic development in general, that can help guide each organization to fulfill its role as

efficiently as possible. Working relationships between San Angelo’s regional partners are

currently stronger than they have been in many years and are productive and collaborative thanks

to the “sweat equity” and political will of San Angelo’s current public and private leadership.

Thus, now is the time to formalize the regional partners’ roles and functions, and put into place a

policy framework that will successfully guide San Angelo’s economic development efforts well

into the future.

Strategy 5.2: Implement a formalized Business Retention and Expansion Program (BREP) with

regular outreach to existing San Angelo businesses.

5.2.1 Develop goals and performance metrics for the retention and expansion program which

should be administered and conducted by the San Angelo Chamber of Commerce, with

involvement from the COSADC and other economic development partners as necessary.

5.2.2 Using the Chamber’s existing annual business survey as a starting point, survey existing

businesses through online surveys and in-person interviews every six months.

5.2.3 Develop an annual retention and expansion report based upon the survey and interview

findings which can be shared with local officials and residents and should be used to track any

changes in service quality.

5.2.4 Address issues identified by employers by working with city, county, or state officials.

5.2.5 Use the retention and expansion program to probe supplier opportunities and to better

understand and support the growth trends of local businesses.

5.2.6 Visit corporate headquarters of firms with major local operations that are not headquartered

in San Angelo.

5.2.7 Establish an Ambassador Program in which Chamber members that volunteer as

Ambassadors play an active role in business retention by engaging with new Chamber member

businesses to encourage

11

Business Resource Center Description: A one-stop shop for business resources

Mission: To grow and retain local businesses by providing exceptional business services and to

strengthen San Angelo’s appeal as a place to do business

Goals:

Consolidate many of San Angelo’s ED agencies into one facility

Create an improved environment for small businesses and the recruitment of businesses

Increase the knowledge sharing, synergy, cooperation, and collaboration amongst the Economic

Development Partners

Public and Private Partners featured in the Business Resource Center:

City of San Angelo Development Corporation

San Angelo Chamber of Commerce Economic Development

Angelo State University Small Business Development Center

Concho Valley Center for Entrepreneurial Development- The Business Factory

Downtown San Angelo Inc.

Concho Valley Workforce Development Board

City of San Angelo

Howard College

12

From Concept

To Completion

13

San Angelo Target Industries & Niches The following industries were chosen as desirable targets for attraction or expansion by at least 25% of

San Angelo residents.

14

Key Strategies for Economic Development The San Angelo Comprehensive Economic Development Strategic Plan is made up of a set of goals,

strategies and key economic development initiatives that generally support multiple target economic

sectors.

Recommendations are organized around the following eight goal areas.

Goal 1: Strengthen San Angelo’s infrastructure and enhance connectivity to other regions.

Goal 2: Continue to invest in downtown San Angelo and the Concho River.

Goal 3: Fully capitalize on the unique opportunities provided by Angelo State University and Goodfellow

Air Force Base.

Goal 4: Tap into San Angelo’s innovative culture and leverage small business resources to support

entrepreneurship and minority business development.

Goal 5: Clarify and formalize the roles of San Angelo’s economic development partners to ensure that

economic development is streamlined, transparent, and well-understood by all stakeholders.

Goal 6: Improve San Angelo’s image and ensure that marketing efforts highlight regional assets and

focus on target industries.

Goal 7: Ensure that workforce development and education programs are connected to the marketplace

and support the retention of young professionals.

Goal 8: Engage in specific strategies to grow existing and emerging target industry sectors.

Development Process Improvement Plan for Subdivisions & Permitting

In the summer of 2011 the consultants engaged to analyze and recommend improvements to the

development review process provided their final recommendations for the subdivision plat

review process and for the site plan review and permitting processes. Since that time staff have

been continually engaged in the full implementation of those recommendations and have

continued to also try to identify other areas where the processes can be improved. Council has

identified this as an area of emphasis in their strategic planning and also placed high priority on

the review process as an important element of the Business Retention and Expansion Program.

15

16

17

Transportation

Exterior improvements will include: a new entry sign, terminal entrance pavement

enhancements, curbside canopies and air traffic control tower renovation. Interior improvements

include items such as relocation and configuration of the airline ticket counters and baggage

claim area, improvements to the security checkpoint, structural modifications to accommodate a

view from the entrance to the arrival/departure escalator area, relocation of the airport

administration offices and enhancements to the meet-and-greet area. The project cost of $5.9

million is paid mostly by the Federal Aviation Administration with the rest funded by passenger

facility charges and half-cent sales tax funds provided by the City of San Angelo Development

Corporation.

Ports to Plains

San Angelo is a member of the Ports to Plains Alliance, an advocacy group dedicated to

delivering infrastructure, food, and fuel to secure the quality of life of America’s great cities. The

City of San Angelo, Tom Green County, and San Angelo Chamber of Commerce participate as

partners of the PTP Alliance. COSADC co-sponsored the West Texas Trade Summit in February

2012 to focus on efforts on transportation and connectivity throughout West Texas.

18

Affordable Housing The Affordable Housing Program was approved by voters in 2004 which created an annual allocation of

$335,000 granted by COSADC to the City’s Affordable Housing Assistant Program (AHAP). COSADC

believes that this program is extremely important for San Angelo’s growth because strong

neighborhoods build a strong and vibrant community.

In 2012, COSADC sold five homes constructed. Since 2004, COSADC’s support has led to the construction

of 32 new homes in the City’s targeted areas for revitalization efforts.

The Affordable Housing Program through the use of half cent sales tax funds also accomplished the

following in 2012:

Gap Financing - $202,631, 5 new housing units for first time homebuyers

Helping Hands - $53K, rehab of 25 housing units for elderly homeowners

Blitz - $150K, siding and painting of 48 housing units for low income homeowners

19

Community Development Projects

Concho River Improvement Project

Concho River Improvements is a half-cent sales tax-funded project of $13.5 million (including

nearly $2 million in various grant funds). Phase I of the project included the dredging of 1.43

mil-lion cubic feet of silt from the North Concho River basin from Sulphur Draw upriver to 14th

Street in 2010. Phase II began in October 2011 included stabilization of the banks along public

lands from Oakes Street upriver to the vicinity of Sulphur Draw, additional trails and trail

improvements, new lighting, an outdoor exercise area, public art, new irrigation systems, shaded

sitting areas, water features and other special elements. This project is expected to be completed

in August of 2013.

20

Hickory Aquifer: Total project budget: $120,000,000

Project consists of a well field made up of several wells near Melvin, Texas. Water from this area will be

pumped via the pump stations to a high point near Eden, Texas and will flow by gravity from there.

When complete, this system will provide more than 6 million gallons of water per day.

Rio Vista Park: Completion Date: November, 2012

Project Budget of $636,400

A combination of the Housing and Urban Development loan and Half- Cent Sales Taxes were the funding

sources for this project.

Improvements included: pavilion, 2 playgrounds, restrooms, walkways, new light fixtures, refurbishment of practice ball field, tennis courts and basketball goals, irrigation and turf. Work outside of the contract includes installation of the playgrounds and fall zone material, construction of the southern loop trail and landscaping (turf and trees).

21

Livestock Barn: Total project budget: $1,000,000

The city was also able to make improvements to the San Angelo Coliseum‚ a multipurpose venue built in the 1950s. With the success of the 1999 sales tax‚ voters approved a second referendum in 2004‚ with a 20-year sunset. Additional work has also been done at the fairgrounds‚ adding two new livestock buildings and expanded parking to further complement the arena complex. The facility is now ranked fifth in the nation on the professional rodeo circuit. (Due to the efforts of the contractor MRI, the Stock Show and Rodeo Association, and the City’s Development Services Department among others, the project was completed ahead of schedule, in time for the Rodeo in February 2013)

Municipal Swimming Pool Improvements: Project Budget: $3.2 million

Improvements include new restrooms and dressing areas, a lifeguard area, concessions and a café-style

sitting area. Renovation of the pool included a beach entry, several spray toys, vortex pool areas, lap

swimming area, two large water slides, shaded sitting areas, new and efficient pumping and filtration

systems, and improved accessibility. This is the first complete renovation of the Municipal Pool since it

was built in 1938.

22

Airport Terminal Renovation: Projected Budget: $5,925,715

Exterior improvements will include: a new entry sign, terminal entrance pavement enhancements,

curbside canopies and air traffic control tower renovation. Interior improvements include items such as

relocation and configuration of the airline ticket counters and baggage claim area, improvements to the

security checkpoint, structural modifications to accommodate a view from the entrance to the

arrival/departure escalator area, relocation of the airport administration offices and enhancements to

the meet-and-greet area. The project cost of $5.9 million is paid mostly by the Federal Aviation

Administration with the rest funded by passenger facility charges and half-cent sales tax funds provided

by the City of San Angelo Development Corporation.

23

50th Street Project: Project Budget $3.9 M

Extension of 50th Street from Travis Street east to Armstrong Street (Texas Highway 208). This project

included the acquisition of property and the construction of approximately 4,000 linear feet of 50 foot

wide paved roadway with curb and gutter. It will provide for storm water drainage, pedestrian access,

and vehicular access to and from the Coliseum and Fairgrounds, the Spur Arena, and Lincoln Middle

School and better connectivity for neighborhoods on the northern most limits of San Angelo.

(completed spring 2012)

24

Board of Directors

COSADC Board Members

Pictured from left to right: Tony Villareal, 1st Vice President Chris Cornell, Randy Brooks, 2nd

Vice President Scott Tankersley, President Larry Teague, Joe Terrazas, and John Bariou

In September of 2012 Pedro Ramirez was appointed to the COSADC board with the departure

of Joe Terrazas.

APPENDIX A

2012 Year End Financials

Contents

Executive Summary

Economic Development

Balance Sheet

Revenue & Expenditure Report

Project Commitments

Ballot

Balance Sheet

Revenue & Expenditure Report

Project Commitments

Transaction Detail by Account

2005 Bond Issue

2007 Bond Issue

2011 Bond Issue

Voter-Approved Projects

As of December 31, 2012

This UNAUDITED information is designed for internal use and analysis only.

City of San AngeloDevelopment CorporationFinancial Information and Schedules

City of San Angelo Development CorporationExecutive Summary

December 2012

Available Fund Balances

Unreserved Fund Balance‐Economic Development 2,831,240 Unreserved Fund Balance‐Ballot 3,929,842

Sales Tax Analysis

Month 2009 2010 2011 2012 2013 % Over/(Under)Oct 529,147 488,812 495,108 561,045 632,193 12.68%Nov 615,651 558,890 603,918 618,374 662,925 7.20%Dec 536,909 464,997 475,677 564,036 642,574 13.92%Jan 518,468 465,871 504,311 574,342 Feb 745,099 693,614 734,213 836,632 Mar 485,681 457,177 484,812 540,676 Apr 497,146 449,344 476,824 572,327 May 644,007 631,333 668,292 708,619 Jun 481,198 478,087 514,451 568,481 Jul 497,525 472,360 507,793 586,968 Aug 600,989 556,301 666,130 685,775 Sep 491,409 484,297 521,626 611,448

Estimated Year to Date Sales Tax Budget 24.19% = 1,810,014excess/(shortage) 294,648

1,040,598 1,187,756

350,000

450,000

550,000

650,000

750,000

850,000

950,000

Oct Nov Dec Jan Feb Mar Apr May Jun Jul Aug Sep

2009

2010

2011

2012

2013

Page 1 of 14

City of San Angelo Development CorporationBalance Sheet - Economic Development


ASSETSCurrent Assets

Checking/Savings101000 · Cash & Investments 4,656,163

Total Checking/Savings 4,656,163

Accounts Receivable115000 · Receivables 402,187

Total Accounts Receivable 402,187

Other Current Assets141000 · Inventory-Ind Park-Phase I 985,559143000 · Inventory-Ind Park-Phase II 52,000144000 · Inventory-Ind Park-Phase III 20,500

Total Other Current Assets 1,058,059

Total Current Assets 6,116,409

TOTAL ASSETS 6,116,409

LIABILITIES & FUND EQUITY

Fund EquityDesignated for Eco. Dev. Projects 2,227,110Designated for Eco. Dev. Projects 2,227,110 Reserved for Inventory Assets 1,058,059 Unreserved Fund Balance 2,831,240

Total Fund Equity 6,116,409

TOTAL LIABILITIES & FUND EQUITY 6,116,409

Page 2 of 14

City of San Angelo Development Corporation Revenue & Expenditure Report - Economic Development

December 2012

Month Actual YTD Actual Budget

Over/(Under) Budget % of Budget

Revenue313000 · Income-Sales & Use Tax 255,235 589,305 2,095,097 (1,505,792) 28%360000 · Interest on Investments 1,096 3,293 14,150 (10,857) 23%363101 · Lease Income 0 0 42,045 (42,045) 0%

Total Revenues 256,331 592,598 2,151,292 (1,558,694) 28%

Expenditures410000 · Administrative 1,770 11,003 58,547 (47,544) 19%411000 · Bank Service Charge 15 45 120 (75) 38%412000 · Partner Affiliations 0 0 79,039 (79,039) 0%415000 · City Services 0 0 214,886 (214,886) 0%420000 · Industrial Park Ops & Maint 0 0 4,238 (4,238) 0%440000 · Marketing-Chamber of Commerce 0 37,500 225,000 (187,500) 17%440100 · Downtown San Angelo 0 18,750 75,000 (56,250) 25%440200 · Business Ret & Exp Prog 0 0 17,500 (17,500) 0%440300 · ASA/BRC Design Request 0 0 7,500 (7,500) 0%445000 · Promotion (SADC Marketing) 0 0 5,000 (5,000) 0%450000 · Project-Business Resource Ctr 30,931 395,347 630,825 (235,478) 63%451103 · Project-Tx Bank Sports Complex 0 0 100,000 (100,000) 0%452101 · Project-CVCED 1,508 8,400 30,113 (21,713) 28%452112 · Project-Martifer-Hirschfeld 0 0 263,932 (263,932) 0%452115 · Project-Blue Cross Blue Shield 0 37,118 259,827 (222,709) 14%452119 · Project-Air Service Marketing 0 4,957452120 · Project-Smith Blvd 0 0 455,000 (455,000) 0%452121 · Project-MedHab 0 0 796,250 (796,250) 0%452122 · Project-Ethicon 0 0 300,000 (300,000) 0%452900 · Project-Future Projects 0 0 882,897 (882,897) 0%

Total Expenditures 34,224 513,120 4,405,674 (3,892,554) 12%

Revenue Over/(Under) Expenditures 222,107 79,478 (2,254,382) 2,333,860 (4%)

Page 3 of 14

City of San Angelo Development CorporationEconomic Development Projects

As of December 2012

BudgetTo Date Expense

Remaining Budget

Anticipate Paying

Blue Cross Blue Shield 371,404 111,577 259,827 YesBusiness Resource Center 1,989,226 1,837,125 152,101 YesEthicon 300,000 0 300,000 YesMartifer-Hirschfeld (see 1999 ballot incentive) 2,490,109 2,226,177 263,932 YesMedHab 796,250 0 796,250 YesSmith Blvd 455,000 0 455,000 YesAir Service Marketing 83,875 84,942 (1067) N/A

6,485,864 4,259,821 2,227,110

Total Committed, Not Expended 2,227,110

Project

Page 4 of 14

City of San Angelo Development CorporationBalance Sheet - Ballot


ASSETSCurrent Assets

Checking/Savings101000 · Cash & Investments 4,447,754

Total Checking/Savings 4,447,754

Accounts Receivable115000 · Receivables 1,034,196

Total Accounts Receivable 1,034,196

Total Current Assets 5,481,950

TOTAL ASSETS 5,481,950

LIABILITIES & FUND EQUITYFund Equity

Designated for Affordable Housing 465,061 Designated for Debt Service 1,087,047 Unreserved Fund Balance 3,929,842

Total Fund Equity 5,481,950 TOTAL LIABILITIES & FUND EQUITY 5,481,950

Page 5 of 14

City of San Angelo Development Corporation Revenue & Expenditure Report - Ballot

December 2012

Month Actual YTD Actual Budget

Over/(Under) Budget % of Budget

Revenue313000 · Income-Sales & Use Tax 656,319 1,515,357 5,387,391 (3,872,034) 28%380000 · Miscellaneous Income 0 40,170 0 40,170 100%

Total Revenue 656,319 1,555,527 5,387,391 (3,831,864) 29%

Expenditures415000 · City Services 0 0 69,629 (69,629) 0%430000 · Loan/Debt Service 0 0 4,348,188 (4,348,188) 0%451102 · Project-Sports Facilities Maint 0 0 258,454 (258,454) 0%451200 · Project-Affordable Housing 41,113 40,613 705,230 (664,617) 6%451202 · Project-Blackshear Boundary 0 0 1,524 (1,524) 0%452900 · Project-Future Projects 0 0 376,121 (376,121) 0%

Total Expenditures 41,113 40,613 5,759,146 (5,718,533) 1%

Revenue Over/(Under) Expenditures 615,206 1,514,914 (371,755) 1,886,669 28%

Page 6 of 14

City of San Angelo Development CorporationBallot Projects

As of December 2012

BudgetTo Date Expense

Remaining Budget

Anticipate Paying

Pay-As-You-Go Ballot Projects2013 Sports Facilities Maint 243,547 0 243,547 Yes

243,547 0 243,547

Affordable HousingAdministrative Contract 30,000 20,000 10,000 YesBlackshear Neighborhood Boundary 28,300 26,776 1,524 Yes2006-12 Affordable Housing 1,664,066 1,294,279 369,787 Yes2012-13 Affordable Housing 335,000 0 335,000 YesBlackshear Properties 404,125 404,125 0 N/ANeighborhood Blitz 60,000 60,000 0 N/ARebuilding Together - Housing Repair 74,920 74,920 0 N/ARebuilding Together - Housing One Stop 23,759 23,759 0 N/ARoofing Grant 100,000 100,000 0 N/A

2,720,170 2,003,860 716,311

Total Committed, Not Expended 959,858

Project

Page 7 of 14

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Page 10 of 14

25 % ofYear Lapsed

Over/ Previous Inception Current Month YTD YTD (Under) Years to

Dept Budget Actual Total W/Enc Budget Activity Date*Beginning Fund Balance 632,366 632,366 632,366

REVENUES:C.O. Proceeds 0 0 0 0 0 19,750,000 19,750,000Reoffering Premium 0 0 0 0 0 427,444 427,444Interest Income 0 120 274 274 274 1,982,373 1,982,647Health Foundation-Conv Ctr 0 0 0 0 0 500,000 500,000Sale of Materials 0 0 0 0 0 1,828 1,828Total Revenues 0 120 274 274 274 22,661,645 22,661,919

EXPENSES:50th Street 3200 83,254 0 0 85,201 1,947 1,016,747 1,101,948Water Supply 4100 0 0 0 0 0 500,000 500,000Concho River 4119 251,985 0 1,575 241,020 (10,965) 1,290,957 1,531,977Sports & Athletic Facilities 6100 162,306 0 111,254 141,409 (20,897) 449,862 591,271Texas Bank Sports Complex 6139 0 0 0 0 0 5,296,000 5,296,000Fort Concho Improvements 6300 0 0 0 0 0 492,091 492,091Coliseum Improvements 6601 0 0 0 0 0 366,109 366,109Convention Center Improvements 6603 36,831 0 0 0 (36,831) 3,797,778 3,797,778Fairgrounds (Stock Show) 6636 0 0 0 0 0 4,201,856 4,201,856Fairgrounds Site Improvements 6637 0 0 0 0 0 4,125,723 4,125,723

OtherArbitrage 9900 3,479 0 0 0 (3,479) 317,561 317,561Contingencies 9900 0 0 0 0 0 0 0Issue Costs 9900 0 0 0 0 0 174,595 174,595Total Expenses 537,855 0 112,829 467,630 (70,225) 22,029,279 22,496,909

Rev. over/(under) Exp. (537,855) 120 (112,555) (467,356)

Ending Fund Balance 94,511 519,811 165,010

*Preliminary

City of San AngeloOne Half Cent Sales Tax (2005 Bonds) ‐ Fund 503

Schedule of Revenues and ExpendituresFiscal Year through December 31, 2012

Page 11 of 14

25 % ofYear Lapsed

Over/ Previous InceptionCurrent Month YTD YTD (Under) Years to

Dept Budget Actual Total W/Enc Budget Activity Date*Beginning Fund Balance 871,594 871,594 871,594

REVENUES:C.O. Proceeds 0 0 0 0 0 10,145,000 10,145,000Reoffering Premium 0 0 0 0 0 0 0Interest Income 0 236 489 489 489 194,406 194,895Transfer from General 0 0 0 0 0 233,736 233,736Health Foundation 570,000 0 237,837 237,837 (332,163) 0 237,837Reimbursed Expenses 0 0 0 0 0 2,151,876 2,151,876Federal Grant 200,000 0 0 0 (200,000) 0 0State Grants 500,000 0 0 0 (500,000) 109,005 109,005Local Grants 200 0 0 0 (200) 181,800 181,800Total Revenues 1,270,200 236 238,326 238,326 (1,031,874) 13,015,823 13,254,149

EXPENSES:50th Street 3200 0 0 0 0 0 2,934,000 2,934,000Water Supply 4100 985,191 0 0 0 (985,191) 14,809 14,809Concho River 4119 1,275,545 12,689 12,689 1,275,545 0 3,065,120 4,340,665City Parks 6003 30,459 5,295 6,795 10,259 (20,200) 259,540 269,799Sports & Athletic Facilities 6100 8,301 0 0 0 (8,301) 180,772 180,772Tennis Facility 6113 52,281 0 0 0 (52,281) 803,718 803,718Texas Bank Sports Complex 6139 4,917 0 0 3,850 (1,067) 4,630,439 4,634,289

OtherArbitrage 9900 0 0 0 0 0 0 0Contingencies 9900 0 0 0 0 0 0 0Issue Costs 9900 0 0 0 0 0 255,831 255,831Total Expenses 2,356,694 17,984 19,484 1,289,654 (1,067,040) 12,144,229 13,433,883

Rev. over/(under) Exp. (1,086,494) (17,748) 218,842 (1,051,328)

Ending Fund Balance (214,900) 1,090,436 (179,734)

*Preliminary

Fiscal Year through December 31, 2012Schedule of Revenues and Expenditures

One Half Cent Sales Tax (2007 Bonds) ‐ Fund 515City of San Angelo

Page 12 of 14

25 % ofYear Lapsed

City of San AngeloCapital Projects

2011A Tax/Revenue C.O. - Fund 514Fiscal Year through December 31, 2012

Schedule of Revenues and Expenditures

Over/ Previous InceptionCurrent Month YTD (Under) Years to

Dept Budget Actual W/Enc Budget Activity Date*Beginning Fund Balance 6,825,977 6,825,977

REVENUES:C.O. Proceeds 0 0 0 0 13,780,000 13,780,000Reoffering Premium 0 0 0 0 0 0Municipal Pool Donation 0 0 0 0 21,225 21,225SASSRA Stock Barn 350,000 0 0 (350,000) 0 0Transfer from Dev. Corp. 4,220,000 0 0 (4,220,000) 4,220,000 4,220,000Interest Income 0 1,315 2,870 2,870 84,679 87,549

Total Revenues 4,570,000 1,315 2,870 (4,567,130) 18,105,904 18,108,774

EXPENSES:Airport Terminal Rehab 3925 454,707 20,578 23,316 (431,391) 52,858 76,174Concho River 4119 2,373,661 365,893 1,132,173 (1,241,488) 6,607,235 7,739,408Parks 6000 871,385 129 51,727 (819,658) 53,615 105,342Red Arroyo Trial 6040 314,568 0 0 (314,568) 10,432 10,432Recreation 6100 88,573 0 0 (88,573) 2,507,651 2,507,651Sports Complex 29th St. 6107 0 0 0 0 0 0Fort Administration 6301 90,000 0 0 (90,000) 10,000 10,000Auditorium 6602 2,140,520 58,058 323,551 (1,816,969) 1,632,895 1,956,446Fairgrounds 6636 1,202,122 . 1,053,689 (148,433) 147,878 1,201,567Issue Costs 9900 0 0 0 0 257,363 257,363Contingencies 9900 100,000 1,500 1,500 (98,500) 0 1,500

Total Expenses 7,635,536 446,158 2,585,956 (5,049,580) 11,279,927 13,865,883

Rev over/(under) Exp (3,065,536) (444,843) (2,583,086)

Ending Fund Balance 3,760,441 4,242,891

*Preliminary

Page 13 of 14

City of San Angelo Development CorporationVoter-Approved Projects

December 2012

Original Project Allocation

Revised Project Allocation Total Budgeted

ActualProject-to-Date

w/Enc

50th Street 2,100,000$ 3,900,000$ 3,900,000$ 4,035,948$

Water Supply 17,000,000$ 17,000,000$ 1,500,000$ 514,809$

Concho River (1) 11,000,000$ 15,068,844$ 14,062,615$ 13,612,050$

City Parks 1,500,000$ 1,175,000$ 1,175,000$ 375,141$

Red Arroyo Trail (included above) 325,000$ 325,000$ 10,432$

Sports & Athletic Facilities 10,000,000$ 4,649,744$ 3,091,000$ 3,279,694$

Tennis Facility (2) (included above) 826,000$ 856,000$ 803,718$

Texas Bank Sports Complex (3) (included above) 9,929,480$ 9,929,480$ 9,930,289$

29th St Sports Complex (included above) 100,000$ 100,000$ -$

Fort Concho Improvements 400,000$ 592,091$ 592,091$ 502,091$

Coliseum Improvements 300,000$ 366,417$ 366,109$ 366,109$

Convention Center Improv. (4) 500,000$ -$ 3,834,610$ 3,797,778$

Fairgrounds (Stock Show) 4,000,000$ 4,201,857$ 4,201,857$ 4,201,856$

Fairgrounds Site Improvements 3,200,000$ 5,206,495$ 5,125,723$ 5,327,290$

Auditorium 3,750,000$ 3,750,000$ 3,750,000$ 1,956,446$

Airport Terminal Rehab 500,000$ 500,000$ 500,000$ 76,174$

Totals 54,250,000$ 14,616,860$ 18,370,390$ 48,789,825$

(1) Revised Project Allocation includes $500,000 Texas Parks and Wildlife Grant(2) Revised Project Allocation includes $132,000 Health Foundation Grant and $30,000 contribution from Concho Valley Tennis A(3) Revised Project Allocation includes $233,736 COSA contribution, $125,000 Health Foundation Grant, and $25,000 CVB Contr(4) Revised Project Allocation includes $500,000 Health Foundation Grant and $1,828 from Sale of Materials

Page 14 of 14

B-1

Appendix B

Other 2012 Items of Interest

Development Review Committee Meetings – 89

Site Plan Reviews – 47

Subdivision Plat, Alley or Street Abandonment Reviews -

44

Downtown Façade Grants (CDBG Funds)- 2 grants /

$13,447.50 total

Downtown TIRZ Incentives – 3 grant / $23,230.00 total

North Angelo Redevelopment Incentives (TIRZ) – 3 grants /

$22,217.32 total

City of San Angelo

Memo Meeting Date: September 17, 2013

To: Mayor and City Council members

From: AJ Fawver, Planning Manager

Subject: Permission to enter into contract with Gateway Planning Group for Lake Nasworthy plan

Contacts: AJ Fawver, Planning Manager 657-4210

Caption: Presentation of and possible action regarding final draft of planning document for Lake Nasworthy subdistrict, as prepared by Gateway Planning.

Background: Beginning in June of 2011, the City Council reviewed several items related to Lake Nasworthy; these included:

• an annexation of a now-defunct power plant located in the area; • amendments to ordinances regulating areas around Lake Nasworthy,

specifically those recreational in nature; • the entering into negotiations between the Parks Director and a firm

slated to provide an update to the Parks and Recreation Master Plan; • the hearing of zone changes in and around the Lake Nasworthy

addition; and, • discussions of investment in and around the Lake Nasworthy area to

capitalize on this asset.

In response to these continued discussions of the area, staff put together an RFQ that was published to solicit responses from firms with experience in master planning for areas with value in tourism, recreation, and who understood the unique characteristics of waterfront development.

Seven firms submitted packages outlining their qualifications to complete and coordinate such a project. A selection committee consisting of the members listed below reviewed these packages and, based on their scores, narrowed down the list to three finalist groups.

• Paul Alexander, Council member, SMD 1; • Alvin New, Mayor; • AJ Fawver, Planning Manager; • Shawn Lewis, Director of Community & Economic Development; • Elizabeth Grindstaff, Assistant City Manager; and • Will Wilde, Director of Water Utilities.

Once a “short list” was determined, the three finalist firms were invited for interviews. As a requirement of the interview opportunity, the firms were asked to attend the public meeting being held by the Parks Department to solicit public input for their ongoing update to the Parks and Recreation Master Plan, specifically a discussion of Lake Nasworthy. The following day, interviews were held with each firm and a committee consisting of the members listed below, whose scores were combined to assess the most qualified of the firms.

• Paul Alexander, Council member, SMD 1; • Alvin New, Mayor; • Tad Logan, President, Lake Nasworthy Homeowners Association; • Tony Villarreal, COSADC; • Carl White, Parks Director; • Lauren Shrum, Texas Outdoor Consulting (currently conducting the

update to the Parks and Recreation Master Plan); and • AJ Fawver, Planning Manager; • Shawn Lewis, Director of Community & Economic Development; and • Elizabeth Grindstaff, Assistant City Manager.

Gateway Planning Group’s presentation garnered responses from the committee regarding:

• their data-driven approach; • their business “matchmaking” abilities (connections with over 100

facilities); • their focus on public involvement; • their comprehension of the tourism component of the area paired

with the neighborhood component; • their extensive experience in waterfront planning and projects; • their personalized, detailed approach; and • their urge to make recreational opportunities year-round to maintain

flow of tourism; and, • their understanding of the market feasibility and market analysis.

On May 14th, Scott Polikov, from Gateway Planning Group, presented the scope and figures which were formulated through negotiations with Planning Manager AJ Fawver. The committee held discussion on the proposal and ultimately recommended that the Council approve and move forward with the approach, citing it as a worthwhile investment. On May 15th, City Council listened to a presentation by Ms. Fawver and Mr. Polikov, and ultimately gave direction to move forward with the proposed approach, scope, and price. The discussion also outlined the intent for this expenditure to come from the Lake Nasworthy fund, specifically. The contract for this project was executed by all parties on September 18th, 2012. The consultant team met with city staff to "kick off" the project on December 19th, 2012. They visited San Angelo to conduct stakeholder interviews March 27th and 28th of 2012, and again April 30th through May 3rd, to meet with internal and external related parties in order to discuss design and identify key areas for consideration. A community breakfast was held the morning of May 1st, and a community evening meeting held May 2nd, to share the work done up to that point and obtain citizen ideas and feedback. They returned to San Angelo June 26th to meet individually with Council members from the current Council, as well as to meet with staff and some external stakeholders. The final draft report and sub-district chapter, the required deliverables for this contract, will be presented by the consultant team at the September 17th meeting, for comment and possible direction. This information will be incorporated, and the resulting document will be presented at a future meeting for consideration as a formalized amendment to the Comprehensive Plan.

Related Vision Item: Provide adequate amenities for all neighborhoods. Attract reinvestment. Develop strategic plan for recruitment. Examine liquidation of underutilized City properties. Financial Impact: None - financing was addressed at time of

awarding the contract, for $298,150 plus expenses.

Attachments: Excerpts from RFQ CED 05-11, outlining

desired services and selection criteria Excerpt from May 15, 2012 City Council minute

record Concept Description Master Plan & Implementation Strategy

Publication: None required.

The City is seeking to hire a qualified consultant firm or team to provide professional land use planning services, specifically to lead the City's efforts in preparing an addendum to the 2009 Comprehensive Plan; this addendum would create a 7th sub‐district concept specifically centered on Lake Nasworthy.

A response to this RFQ shall include methodology and approach, including a timeline, for performing necessary research and preparing this addendum. The addendum should focus on the following:

1. Select and create boundaries for final study area (a “sub‐district) surrounding Lake Nasworthy;

2. Collect data and prepare graphics illustrating the sub‐district from a variety of perspectives, such as current buildings and uses, tenant profiles, sale and lease points and other data that affect the area’s competitive position in the market;

3. Provide analysis of the following:

a. Ownership of property adjoining all edges of Lake Nasworthy;

b. Tourism and recreational opportunities to maximize activity within the sub‐district;

c. Data collected from surveys previously distributed by Parks Department staff regarding activities and facilities around Lake Nasworthy;

d. Land use, water, recreation and resource management issues;

e. Accessibility of sub‐district by multi‐modal traffic;

f. Relationship between local land use activities and the lake environment; and

g. The role of the sub‐district from a regional perspective.

4. Identify the following:

a. Opportunities, constraints, and perceived issues relative to the study area;

b. Environmental concerns and opportunities relative to the study area;

c. Potential projects that could be pursued to attract and leverage investment in the subject area; and

d. Action‐oriented recommendations for land use policy and stewardship approaches for future needs.

5. Conduct public input process, to include:

a. Identification of key stakeholders for a series of interviews, the results of which will be summarized and used to pinpoint problems and opportunities, as identified by local residents, property and business owners;

b. Prepare for and conduct two (2) public meetings in the area to facilitate discussions aimed at identifying land use and growth management, sustainability, tourism, economic development, and related issues;

6. Draft a sub‐district chapter for inclusion in the 2009 San Angelo Comprehensive Plan that mirrors the style and layout of the attached example. This chapter should include, at a minimum, the following:

a. Boundaries of the area;

b. The concept "challenge" and "solution";

c. A concept "label" with a description and appropriate graphic showing area affected by this concept;

d. Barriers which impede the success of the sub‐district;

e. Analysis of the market opportunities for the area, classified by "short‐term" (1‐5 years) or "long‐term" (5‐10) years;

f. Suggestions of urban design elements to contribute to and compliment the area;

g. Public‐private strategies that could help address the challenges, barriers, and solution described for the area;

h. Recommendations based on the completion of Items 1‐5 above; and

i. Selection of an area that could be used as a case study to illustrate the concept (a “catalyst”), and that is part of the selected sub‐district ‐ include graphic(s) that demonstrate the concept;

REQUIREMENTS

A qualified consultant should demonstrate the following minimum qualifications to be considered.

1. Applicable experience in and knowledge of basic legal issues related to land use planning. 2. A description of all services available to the City by the firm. 3. At least five (5) professional client references for the principal consultant, project manager, and the firm as a whole. 4. A consultant list of the proposed project team, if applicable. 5. Any and all conflicts of interest or potential conflicts of interest shall be disclosed, including any work being done for

any landowner or developer in the City. 6. Experience in giving presentations, moderating, and facilitating public meetings. 7. Applicable knowledge of integrating land use planning and market analysis. 8. Applicable experience in planning areas with an emphasis on tourism and/or recreation.

SELECTION PROCESS

All responses will be evaluated by a Selection Committee and those respondents determined to be most qualified for a short list may be invited to attend an interview, at the respondent’s own expense. The City shall not incur any costs for response preparation and/or submittal of proposal.

The Committee will evaluate all responses based on the established criteria, to include professional qualifications, background, training, experience, and project‐assigned staff qualifications, etc. The City reserves the right to negotiate the final fee schedule, prior to recommending professional services contract for award. EVALUATION OF RESPONSES & SELECTION CRITERIA

1. The Selection Committee shall evaluate and score all of the responses that are submitted. Evaluation ratings will be

based on 100‐point scale.

1. Experience in preparing plans for targeted areas ................................. 25 Points 2. Previous Projects ..................................................................................... 15 Points 3. Ability ....................................................................................................... 10 Points 4. Familiarity with the City .......................................................................... 05 Points 5. Project Personnel .................................................................................... 05 Points 6. Information from references.................................................................. 15 Points

7. Knowledge/Experience in Planning for Tourism and Recreation Venues ........................................................................... 25 Points

2. The Selection Committee will determine the most qualified Respondent(s) and may invite them for an interview with

members of the Selection Committee.

3. The City reserves the right to request clarification or additional information specific to any submission after all submissions have been received.

4. Should an interview be requested, respondents should be prepared for 20 minutes of presentation and 15 minutes of questions and answers.

5. City staff shall recommend the most qualified firm to the City Council and request authority to enter into contract

negotiations.

6. When services and fees are agreed upon, the selected Respondent shall be offered a professional services contract subject to City Council approval.

7. Should negotiations be unsuccessful with the Respondent receiving the top score, the City shall enter into negotiations

with the next highest ranked Respondent. The process shall continue until an agreement is reached a qualified Respondent.

8. This RFQ does not commit the City to pay for any direct and/or indirect costs incurred in the preparation and

presentation of a response. All finalist(s) shall pay their own costs incurred in preparing for, traveling to and attending the interviews.

DISCUSSION AND DIRECTION TO STAFF TO NEGOTIATE A CONTRACT FOR THE SUB-DISTRICT PLANNING DOCUMENT AS OUTLINED IN CED 05-11 FOR LAKE NASWORTHY Planning Manager AJ Fawver and Scott Polikov, AICP, CNU, and Dan Martin, Management & Marketing Feasibility Advisor, with Gateway Planning Group, presented background information. A copy of the presentation is part of the Permanent Supplemental Minute record. General discussion was held on the time frame for return on investment, opportunities, gateways, insuring plan is in line with the City’s current vision, example of current and past projects, and potential strong development plans. Council recognized the planning document was an expensive project and would be completed over a two year period. Discussion was held on marketing the city, implementing ways to attract people, showcasing the local water resources by truly developing and increasing the economic development; and investing in the process similar to the downtown area investments. Interim City Manager Michael Dane explained the project cost was $298K and the funding source would be allocated from the sale of lake properties. He stated the Lake Nasworthy trust fund and City are allowed to use 90% of the investment for improvements in and around the lake. Mr. Dane informed $840K remains in the investment income and these monies provide the least impact to the tax payers. Council directed staff to move forward and negotiate a contract. Public comments were made by former San Angelo resident Reed Donaldson. Minutes Page 479 May 15, 2012 Vol. 103

Concept # 7 Challenge:Unique Lake Setting with Latent Potential Solution:Lake Nasworthy Catalyst Development Opportunities

Concept Description Surrounding Lake Nasworthy are two concept opportunities: Harbor Village and Power Plant Site. Power Plant Site The decommissioned power plant area(shown below in pink) offers an opportunity for the community to see activation of a previously dormant parcel. Taking advantage of the canal and location on the Lake, the site is envisioned to be a mixed use concept with a single family neighborhood, multifamily buildings and a hotel served by neighborhood retail and commercial. Harbor Village The Harbor Village area (shown in red below) is an opportunity to incorporate Mary E Lee Park and a high profile location next to it, and to catalyze activity by creating a mix of uses that could include a marina, hotel and restaurant. Illustration

Power Plant Site Barriers

□ Privatelyowned primary site and different adjacent ownership □ Encumbered by typical zoning that hinders creative design approach □ Previously-ignored portion of lake with poor street connectivity within site

Market Opportunities

short-term long-term 1-5 years 5-10 years

Housing Ownership □ Rental □ Senior □ Other Retail Neighborhood-Serving □ Destination-Entertainment □ Specialty □ Employment Office □ Service/ Boutique □ Industrial Incubator □ Other Lodging □ Institutional Civic □ Parking □ Potential Redevelopment Land Use Plan of Power Plant site and surrounding area

Urban Design Elements

□ Small usable open space throughout: courtyards, greens and plazas □ Street connectivity between private and civic spaces - public access to water □ Range of housing types and transitions between uses □ Acts as gateway to Lake Nasworthy

Variety of residential product types – retail and natural experiences

Public-Private Strategies □ City participation in utility work could create momentum catalyzing development that fits with the long

term vision for the lake □ Create code that allows for adjacency predictability across different land ownership □ Provide proactive vision for site to encourage place-based development □ Elevation of Knickerbocker Bridge over the canal toopen it to boat traffic and increase value of site □ Potential regional interpretive heritage center to act as visitor destination

Harbor Village Barriers

□ Multiple property owners adjacent to street that acts and feels like a highway □ Lack of lakeside type development that would spur more activity □ Limited existing lakeside amenities limit success of waterfront-centric restaurant/ retail

Market Opportunities

short-term long-term 1-5 years 5-10 years

Housing Ownership □ Rental □ Senior Other Retail Neighborhood-Serving □ Destination-Entertainment □ Specialty □ Employment Office Service/ Boutique □ Industrial Incubator Other Lodging □ Institutional Civic □ Parking □ Potential Redevelopment Illustrative Plan of Marina/ Hotel and Surrounding Area

Urban Design Elements

□ Connections between private property and public park/ dock □ Maximizes lake views and primary street intersection □ Buffer protection for the neighborhood near “the beach” with new drive and landscaping □ Splash park amenity to enhance the beach area □ Range of building and use types to encourage activity and destination location □ Illustrative concept includes the following:

• Hotel on the lake - 30 rooms per floor, 4-5 floors (120 to 150 rooms total) • Restaurants - 30,000 SF • Conference center - 30,000 SF • Retail/Entertainment Flex Space - 45,000 SF • New beach structure with concessions - 6,000 SF

Texasoutside.com

Public-Private Strategies

□ Create code that allows for adjacency predictability across different land ownership □ Provide proactive vision for site to encourage place-based development □ Relocation of the Nature Center to upgraded facility □ Private and public parcels could be made available for purchase and ground leases, respectively □ Dispositions of the public lands for ground lease could be facilitated through an unsolicited proposal

process

http://www.google.com/url?sa=i&source=images&cd=&cad=rja&docid=Bnmdo838Yt01-M&tbnid=JHmKSQm1V9vxXM:&ved=0CAUQjRw&url=http://booked.net/hotel/woodmark-hotel-yacht-club-spa-on-lake-washington-kirkland-wa-46597&ei=ZSz5UbznH4n88gTzjoGwAg&psig=AFQjCNFkmUU-Cq6MOv3QGwKYCn4N5i2heA&ust=1375370675426507

http://www.google.com/url?sa=i&rct=j&q=&esrc=s&frm=1&source=images&cd=&cad=rja&docid=K99SLuUM5nl7hM&tbnid=pNdQj74hIJVr7M:&ved=0CAUQjRw&url=http://www.texasoutside.com/texas-waterfront-rentals/&ei=jS35UeXVJY3m8wT854GgBQ&bvm=bv.49967636,d.aWc&psig=AFQjCNHA6m9eR1VBwjWqXiymUnTal3zkoA&ust=1375371005051782

Lake Nasworthy Master Plan and Implementation StrategySan Angelo, Texas

Prepared For: City of San Angelo | September 3, 2013

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PARCPeter A. Ravella Consulting, LLC

Lake Nasworthy Master Plan and Implementation Strategy | San Angelo, Texas | September 2013 iii

DRAFTAcknowledgments

San Angelo City Council

Mayor Dwain MorrisonRodney Fleming, District 1Marty Self, District 2Johnny Silvas, District 3Don Vardeman, District 4H.R. Winkie Wardlaw, District 5Charlotte Farmer, District 6

San Angelo Planning Commission

Darlene Jones - ChairBill Wynne - Vice ChairTeri Jackson Ryan SmithMark CrispValerie PriessSammy Farmer

San Angelo City Staff

Daniel Valenzuela - City ManagerRick Weise - Assistant City ManagerMichael Dane - Assistant City Manager/Chief Financial OfficerAJ Fawver - Interim Director, Development ServicesRobert Scheeman - Interim Director, Economic DevelopmentShane Kelton - Operations DirectorCarl White - Director, Parks and RecreationMike Smith - GIS ManagerAl Torres - Building OfficialRicky Dickson - Water Utilities Director

Lake Nasworthy Institutional Stakeholders

San Angelo Regional AirportAngelo State UniversityGoodfellow Air Force Base

Stakeholder Groups

[Names to be Added]San Angelo Convention Visitors BureauKOA CampgroundSan Angelo Nature CenterArchery Club

Lake Nasworthy Master Plan and Implementation Strategy | San Angelo, Texas | September 2013 v

DRAFTTable of Contents

I. Executive Summary ................................................................................................................... 1

II. Public Participation .................................................................................................................... 3 A. Input and Outreach Process .............................................................................................. 3 B. Stakeholders Involved ....................................................................................................... 3 C. Summary of Stakeholder Input .......................................................................................... 3

III. Assessment of Conditions ......................................................................................................... 7 A. Map of Study Area and Description ................................................................................. 7 B. Natural Structures ............................................................................................................ 7 C. Major Existing Uses/Users ............................................................................................... 7 D. Relation to Prior Studies ................................................................................................... 8 E. Resource Management and Environmental Issues .......................................................... 9

IV. Market Analysis ....................................................................................................................... 11 A. Market Area Demographics ............................................................................................ 11 B. Demand Potential by Sports Participation ...................................................................... 20 C. Demand Potential by Propensity ..................................................................................... 21 D. Tourism ............................................................................................................................ 26

V. Master Plan ............................................................................................................................. 35 A. Lake Nasworthy Area Master Plan ................................................................................. 35 B. Market Potential by Character Zone ............................................................................... 36 C. Integrated Parks/Trails and Connectivity ........................................................................ 43

VI. Implementation Report ............................................................................................................ 49 A. Potential Partnership Structures .................................................................................... 49 B. Funding/Financing Strategy ............................................................................................ 49 C. Catalytic Projects ............................................................................................................ 49 D. Zoning Regulatory Approach .......................................................................................... 58 E. Regulatory Environmental Issues ................................................................................... 59 F. Roadways and Utilities ................................................................................................... 60 G. Trails Funding .................................................................................................................. 60

AppendixMarket Study Appendix ......................................................................................................................... 63

Lake Nasworthy Master Plan and Implementation Strategy | San Angelo, Texas | September 2013 1

DRAFTExecutive Summary

Lake Nasworthy is a unique recreation destination for visitors and locals alike that is currently widely used yet also holds potential for further enhancement

and investment. Lake Nasworthy is not just a regional recreational lake. It is also a series of neighborhoods. The complexity of its history and ownerships, including various public holdings, ground leases and private owners, necessitates that it be linked through a common vision and strategy.

This action plan is a comprehensive summary of the work done on behalf of the City of San Angelo to identify issues and opportunities for a Lake Nasworthy redevelopment strategy. This initiative was driven by input from stakeholders to create a market based plan to promote context sensitive development and preservation at the lake and its surrounding areas.

The vision and strategy reflected in this action plan reflects the intersection of a market study to understand the true potential of the lake and its surrounding context as well as the insight of scores of stakeholders representing public institutions, neighborhoods, business owners, recreation advocates, city leaders and other key opinion leaders.

What emerged early in the process is that Lake Nasworthy represents an amazing quilt of unique physical areas and multiple organized activities, many of which have already claimed regional and national recognition. This fact is important as this action plan reflects a means to continue the momentum of the lake rather than an effort to impose a contrived concept that ignores the authentic character of the lake and its community.

This action plan provides a substantial amount of technical analysis. That analysis is provided, however, to establish the capacity for implementing its findings and recommendations. Those recommendations of fundamentally founded in series of identified character zones that emerged during the planning process from existing and likely geographically based activities. Those character zones include:

• Action Sports• Harbor Village• Nature/Education• Special Opportunity• Community Activity

In the process of studying the lake and engaging the public, these general clusters of activity types emerged around the lake. The consultant team studied the lake based on these five distinct character zones. These areas provide structure and logic to the action plan for Lake Nasworthy. The location of the character zones and their current and anticipated activity are explained in detail in this action plan.

Each character zone includes a unique focus but together they create the vibrancy that makes Lake Nasworthy an admired local amenity and regional draw. The popularity of Gun Club Hill Road as a walking and jogging destination is a good metaphor for the latent demand for more structured facilities for activity around that lake. There is more demand for a safe walking and jogging destination near the lake than the street can safely accommodate. Proposed expansion of activity around the lake is supported by market trends, increased activity due to the oil and gas industry, and potential increased regional and national tourism as is being supported by the San Angelo Convention and Visitors Bureau.

The City Council and San Angelo Planning staff has sought an outcomes focused strategy. The desired outcome of this initiative is to encourage the activity and development to ensure the long term viability of Lake Nasworthy as a recreation destination in west Texas. This outcome is achieved by identifying existing tourism and recreation activities and enhancing those offerings thereby creating economic development opportunities. This enhancement is outlined as a comprehensive policy and approach that will encourage the type of development the community has deemed appropriate. This includes potential ‘catalytic projects’—or appropriate development in key locations—that will provide a necessary influx of economic activity yet still fit within the context of what already exists at the lake in order to create sustained investment momentum.

Fundamentally, the resulting master plan and implementing recommendations are supported by extensive public outreach and a market study that reinforces the amazing quilt that makes up the lake today and its potential tomorrow.

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DRAFTPublic Participation

Recreational Activity Popularity or Preference

Input and Outreach ProcessTo reconcile the many uses and diverse interests that surround Lake Nasworthy, extensive community outreach and input was undertaken. Lake Nasworthy poses itself as a unique opportunity area, not only as a water source in West Texas, but also for its percentage of city owned land. The Lake Nasworthy Trust Fund, created by the city, cannot be utilized without citizen approval. The restriction of citizen approval has made community feedback an integral piece of this project. In order to fully understand the residents’ perspective regarding Lake Nasworthy, stakeholder interviews were conducted to assist in framing the action plan’s focus.

The consultant team learned from stakeholders how important Lake Nasworthy is not only to those who live on the lake, but also to the larger community. City staff assisted the consultant team in compiling a list of stakeholders that consisted of a diverse group of recreational users, homeowners, politicians, and business owners. Over 40 stakeholders were contacted and interviewed through a series of small group meetings. After the initial round of interviews, the consultant team worked with city staff to follow up with outreach to all lake residents via post card mailing. During the subsequent small group meetings, 20 additional stakeholders were engaged for feedback. The

consultant team used a coding system to translate the notes and feedback into data to create measurable results.

Stakeholders InvolvedThere are a variety of stakeholders surrounding the lake representing numerous interests and users from San Angelo and beyond. The discussions focused on current and future demand, ecological concerns and economic development opportunities. This input provides the basis for the proposed amendments to the San Angelo Comprehensive plan and an implementation strategy to achieve this action plan.

Summary of Stakeholder InputOver the course of public outreach, it was a surprise to learn about the vast amount of activities that take place in and around the lake (see Figure 1). Activities were broken down into non-motorized upland activities and motorized and non-motorized water sports. The information from this figure is based on stakeholder input from actual participants in each of the activities, or from those who mentioned the popularity surrounding the activity.

Once the initial input was obtained from stakeholders, areas of the lake were identified deserving greater attention. This process generated the five character zones. Ultimately,

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Public Input: Lake Challenges and Assets

Public Input: Lake Development and Improvements

Public Input: Lake Access and Mobility


DRAFTPublic Participation

the selected catalytic projects reflected in this action plan emerged from the insight gathered from the stakeholders. Throughout the process of gathering feedback, a variety of ideas were noted. Figures 2-4 display the ranges in feedback and the diversity in information collected.

Figure 2 demonstrates the challenges and assets surrounding Lake Nasworthy. The density of tick marks indicates comments about that particular issue. Uncertainty of water levels was mentioned by almost everyone. The end of the spectrum represents the amount of activity on the lake as an asset.

Figure 3 was created based on stakeholders input on potential development and lake improvements. These developments and improvements are demonstrated on a scale between public and private. The topic mentioned the

most was restroom improvements. Stakeholders mentioned most of the public facilities surrounding Lake Nasworthy needed updates and improvement.

The stakeholder meetings yielded the need for greater access to current areas being used. Figure 4 was created to give more depth to this topic. The figure depicts a spectrum of low-impact and high-impact means of mobility. For example, stakeholders discussed creating better access around the lake by way of a comprehensive trail system. Gun Club Hill is the second area of highest concern for the citizens; this area has become quite popular as a walking loop trail. The popularity surrounding the use of this area is an issue that was heavily considered when creating potential design concepts. An integrated trail network was also an issue frequently mentioned that resulted in design considerations in the proposed master plan.

Stakeholder Meeting Map Notes



DRAFTAssessment of Conditions

In order to create an action plan that is realistic and realizable, the consultant team delved into the myriad of details and data that make up the complexity of the lake

and its surroundings.

Map of Study Area and DescriptionThe Lake Nasworthy study area is located in the far southwestern quadrant of San Angelo near the San Angelo Regional Airport, Goodfellow Air Force Base, Twin Buttes Reservoir and Bentwood Country Club. The Lake is bisected by Knickerbocker Road and State Highway 306 is approximately one mile to the Northeast. From the lake’s downstream edge, the Concho River flows southeast through downtown San Angelo.

Natural StructuresLake Nasworthy was created in 1930 when Nasworthy Dam was constructed to store the waters of the Spring Creek and

South and Middle Concho Rivers to provide drinking water for the City of San Angelo and surrounding areas. The Lake is full at 1,879 feet above sea level and is 29 feet deep at its deepest point with a surface area of 1,380 acres. In most conditions Lake Nasworthy is near constant level due to overflow from Twin Buttes Reservoir. Due to persistent drought, however, that flow is becoming increasingly unreliable.

The study area offers a wide variety of West Texas landscapes. The unique feature of a large body of water in an arid climate provides for an interesting physical environment that contributes to the natural beauty and a draw for recreation. The lake is unique in the history and makeup of the land ownership surrounding the Lake. The lake is accessed from several public boat ramps and public parks.

Major Existing Uses/UsersLake Nasworthy is surrounded by an eclectic mix of large

Lake Nasworthy Study Area Map

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institutional users and single family homes. The Bureau of Land Management Twin Buttes Reservoir, the Air Force San Angelo Regional Airport, Goodfellow Air Force Base, and Angelo State University are large users near the lake. The large users create an interesting combination of uses and represent an opportunity for synergy rather than ad hoc interests.

Lake Nasworthy is surrounded by several institutional land owners who are sizable stakeholders as well as numerous land owners and leaseholders of single family homes. When the lake was created much of the surrounding land was retained by the Bureau of Land Management and later turned over to the city. The City then subdivided the land into parcels that were leased to home owners. Later the decision was made to sell the lots rather than lease them as the lease terms came up for renewal. The money raised from the sale of the land is put into a trust that is specifically dedicated for use on lake improvements and management. The history of this land lease/sale arrangement has lead to the unique ownership pattern and management situation that is currently in place. Over time most of the land has become owner occupied.

Relation to Prior Studies

Comprehensive PlanThe latest update to the San Angelo Comprehensive Plan, adopted in 2009, provides a vision for the city through a series of sub-districts that are targeted for redevelopment. Each one of these sub-districts focuses on an area with a unique development context. Together the sub-districts help achieve the City mission to maintain the “small-town character and community spirit, and take advantage of ample social, cultural and recreational opportunities.” A parallel deliverable to this report on Lake Nasworthy is creation of a sub-district to update to the 2009 comprehensive plan. The updated Lake Nasworthy sub-district chapter will act as a tool to implement the vision and concepts described later in this action plan.

Parks, Recreation & Open Space Master Plan The San Angelo Parks, Recreation & Open Space Master Plan adopted in 2012 is a valuable companion to this report in its attention to the condition and recommendation of public spaces surrounding Lake Nasworthy.

Map Depicting Major Users Around Lake - TO BE REPLACED

[INSERT USER MAP]


DRAFTAssessment of Conditions

The goal of the parks master plan was to assess park and recreation facilities throughout the city and to establish planning guidelines for parks over the next decade. That plan contains a through inventory of parks and recreation facilities and details on their programming, marking, reservation systems and fees. There is also valuable data on the recreation habits of the San Angelo population. That plan recommends creating multi modal linkages between and through parks, a theme that is found in this report as well as the San Angelo Comprehensive Plan. This can be accomplished through linear parks, trails and paths as explained later in this document.

That plan includes a particular focus on the Lake Nasworthy parks – as they are a tremendous asset to resident and visitors. The main Lake Nasworthy Parks are: Knickerbocker Park, Mary E. Lee Park, Middle Concho Park, Spring Creek Park, and South Concho Park. The Park Master Plan contains details on what are some current issues in the parks and some suggested improvements. The detailed plans include existing and potential trail connections. Those trails were integrated in to the trail plan delineated later in this action plan.

Resource Management and Environment IssuesLake Nasworthy is a heavily used manmade lake and, therefore, there are resource management and environmental issues likely to be encountered as the city moves forward to improve and enhance the lake and surrounding lands. The exact issues will depend on the specific improvements undertaken; however, based on public comments, three potentially significant issue areas have been identified: (a) lake dredging, (b) shoreline erosion/storm water management and (c) lake water-level management.

Lake DredgingDuring the stakeholder input process, the public expressed considerable concern about the increasingly shallow water depths in Lake Nasworthy and many suggested the city take action to dredge and deepen the lake. Dredging practices are subject to extensive federal and state regulatory oversight. In 2002, the city completed a two-year dredging project to remove 3.8 million cubic yards of sediment from the lake, increasing the lake’s capacity by about 2,500 acre-feet or some 800 million gallons. This project cost approximately $10 million and was funded with revenues from the 1999 section Type 4B one-half cent sales tax. Similar dredging actions are likely to be necessary to maintain water depths and lake capacity in the future, notwithstanding a lack of

identified funding sources for those activities. A focus on erosion control below can provide some opportunity to offset the costly need for dredging. Details on the regulatory implications of lake maintenance are included in the implementation section of this report.

Shoreline Erosion and Storm Water ManagementAs the city considers potential improvements along Lake Nasworthy, it is necessary to carefully consider and account for the potential for increased shoreline erosion and storm water runoff. Erosion is a critical concern because not only does it cause land loss to upland owners – a significant issue in itself – but also it adds to the sediment load in the lake, decreasing water depths and increasing water turbidity. Shoreline erosion is a natural process that can be exacerbated by human activities. Along Lake Nasworthy, shoreline erosion is likely attributable to wind-driven and boat wake waves impacting unprotected or exposed shoreline sediments, storm water runoff, and periodic fluctuations of lake levels that inundate near shore areas and remove shoreline sediments as lake levels drop. Clearing natural vegetation and constructing impervious surfaces along the lake shoreline can also exacerbate erosion, runoff and lake sedimentation. Vegetation removal is typically undertaken to create recreational space, increase areas available for development, or expand or enhance lake views. If poorly planned, this practice can destabilize shorelines and sediments, increasing erosion and lake sedimentation. Construction of impervious structures such as driveways, parking areas, and buildings along the lake can also be detrimental. Impervious surfaces increase the velocity and energy of storm water runoff, causing shoreline retreat, lake sedimentation, and adversely impact water quality.

Accordingly, as additional development occurs, including particular projects proposed in this action plan, a comprehensive erosion control plan should be developed.

In general, shoreline erosion response practices fall into two broad categories: (1) non-structural methods, and (2) structural or shoreline armoring methods. Non-structural erosion stabilization options typically rely on installation or maintenance of natural vegetation. Healthy shoreline vegetation provides effective resistance against light to moderate wave action. Plant stalks break up wave energy and roots stabilize shoreline soils, reducing erosion and mass sediment movement. Shoreline vegetation also

10

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slows surface water runoff, assisting in water absorption, reducing erosion and lake sedimentation. Healthy shoreline plant communities also enhance scenic views and provide fish and wildlife habitat. Replanting or expanding shoreline vegetation is often the simplest and most cost effective solutions where erosion forces are low to moderate.

Well-designed shoreline armoring structures such as bulkheads, riprap, and revetments are generally very effective in reducing or preventing shoreline erosion. However, many such methods are expensive and can have detrimental environmental consequences, including increase erosion rates on adjoining properties that are not armored. Unlike vegetation which absorbs and dissipates wave energy, hard structures reflect and refract wave energy and can cause extensive scour. Structural failure can occur if bulkheads are repeatedly overtopped and tieback systems can fail. Sloped rock revetments are generally preferable to vertical bulkheads, as they tend to dissipate or absorb wave energy, rather than redirect it to adjoining lots.

As development along Lake Nasworthy expands, the city may face greater public demand for shoreline armoring solutions. Care must be taken as expanded use of armoring reduces natural shoreline conditions and can detrimentally impact aquatic habitat and water quality.

Recently, many lake communities are beginning to experiment with what are called “biotechnical methods” of shoreline stabilization. This approach seeks to combine structural and non-structural methods, incorporating, for example, gabion structures and installation of shoreline plant materials or detached log breakwaters. By reducing the severity of wave energy or attack on the shoreline, this method seeks to create conditions where shoreline vegetation can be established and function to reduce shoreline retreat or loss. By incorporating structural elements, this method can expand the use of “soft” or non-structural elements in areas of high wave energy or severe erosion, minimizing environmental impacts and providing stability within the system. A biotechnical approach is suitable for a wide-range of erosion conditions and commonly used to prevent surface erosion and shallow mass-movement of soil.

As the city considers future shoreline and storm water management actions, the potential negative impacts of shoreline armoring on fisheries, water quality and other environmental values should be carefully weighed. As

with potential dredging actions, the complexity, cost and importance of shoreline and storm water management practices should be carefully evaluated through a detailed technical feasibility and engineering analysis before actions are proposed or authorization for the actions is sought.

Water Level ManagementDuring the stakeholder and public input processes, concern was expressed regarding the current drought conditions in west Texas and whether water levels in Lake Nasworthy could be maintained over the long run. Commenter’s noted that plans to enhance or expand lakeside amenities and development effectively assume that lake water levels can be maintained at a reasonably consistent level over time. Public concern regarding lake levels is not unwarranted. According to the Texas Water Development Board, presently all three reservoirs in the San Angelo area are at extremely low levels: O.C. Fisher Reservoir – 0.8% capacity, O.H. Ivie – 17.3% capacity, and Twin Buttes – less than 3% capacity, with some reports showing 0% capacity.

Lake Nasworthy captures stream-flow from the Middle Concho River immediately downstream of Twin Buttes Reservoir. The South and Middle Concho rivers flow into Twin Buttes, then into Lake Nasworthy, which is intended to be maintained at a constant level using managed flows from Twin Buttes. However, due to declining water levels in Twin Buttes, natural flow from the reservoir to Lake Nasworthy has all but stopped at the present time, forcing the city to pump water to reduce losses and sustain lake levels. Currently, Twin Buttes contains approximately 5,324 acre-feet of water or about 3 percent of its capacity. Lake Nasworthy presently stores about 7,774 acre-feet, or about 76 percent of its capacity. By pumping water from the south to the north pool of the Twin Buttes Reservoir, the city seeks to reduce the surface area of Twin Buttes and conserve drinking water by limiting evaporation. The water transfer has also helped maintain water levels in Lake Nasworthy.

In recent years, historic drought conditions and increased water demand to serve municipal, agricultural, and oil and gas development needs have combined to stress water resources in west Texas. There is little question that in the near-term, maintaining adequate water resources will continue to be a significant challenge in west Texas and a high priority for the city, its water department, and the residents and visitors who enjoy Lake Nasworthy.


DRAFTMarket Analysis

Demographic Indicator Projections by Market Segment

Lake Nasworthy is a unique location in a changing area. The lake itself attracts increasing demand as one of the few recreational lakes in the region. In addition, the

growth in the larger market due to the impact from shale energy extraction creates development pressures that could be harnessed to the benefit of the long term investment needs of Nasworthy. It is in this context that a market study was undertaken.

With a special focus on natural resource and recreation uses, an initial market study was undertaken. After substantial stakeholder input and planning, a refined and focused study was then executed.

The market analysis shows a strong demand for a variety of activities associated with the lake and long term development around the lake related directly and indirectly to those activities. The analysis below establishes the demographic and market factors. The market demand is then presented in the context of the character zones in the following section.

It is important to note that the often challenging ability to secure and maintain hotels and restaurants at recreational

lakes could be obviated by the strong general demand for hotels in the region. One of the catalytic projects described below includes the potential for a mixed use hotel or two at the lake.

Market Area DemographicsThe following market analysis uses demographics and statistics from a Primary Market (Core Market) that represents the local “everyday” market and includes the City of San Angelo and the Secondary Market that represents the visitor market and includes Odessa-Midland and Abilene-Sweetwater. The following analysis draws from the Arc View application of ESRI’s Business Analyst®. This national model generates data by linking information such as demographics with specific locations or areas. The data is updated continually using benchmarks in the model that the software maker tracks and allocates geographically. The market study also used available data from the City of San Angelo.

Primary Market (City of San Angelo)Between 2010 and 2012 the total population in the primary market area grew by 2 percent. This trend is projected to continue, with an estimated population of more than

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Demographic Overview Primary Market

Population by Age Group in Percent Primary Market


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100,000 by 2017; this translates into a projected growth of roughly 5 percent between 2012 and 2017. The number of households (36,000 in 2010) is projected to follow the same trend with a projected growth of 6 percent between 2012 and 2017 to an estimated 39,000 households in 2017. The following figure summarizes basic demographics for the primary market area.

The number of families in the market area is projected to grow by seven percent between 2012 and 2017. The share of family households of all households increases to 63% which is against the overall national trend of a growing number of single-person or non-family (single person) households.

Age DistributionOver the next five years, the age distribution of the population is projected to remain almost the same as in 2010 with a slight increase in the age groups 65 years and older and a

slight decrease in the age groups 24 and younger and 25 to 64 years of age. This finding reflects the ongoing national trend toward an overall older population however less pronounced. Figure 10 shows the population by age group in percent of the total population.

Figure 11 summarizes the population into only three age groups and showing the change in distribution in percentage between 2010 and 2017.

Household and Per Capita IncomeFigures 12 and 13 highlight income trends for the primary market area.

Household Distribution by Income GroupThe share of households earning under $50,000 is projected to decrease by nine percent between 2012 and 2017 to 52 percent of all households, while the share of households

Population - Aging Trend Primary Market

Income Overview Primary Market

Market Analysis

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Distribution by Income Groups Primary Market 2012 Household Income

2012 Recreational Spending Potential Primary Market



earning between $50,000 and $100,000 and the households earning more than $100,000 are projected to increase to a share 35 and 12 percent respectively over the same time period. These numbers do not account for inflation and do not reflect disposable household income.

In 2012, the average household income in the primary market area is estimated to be $50,960, the, median household income is $37,088, and the per capita income is $21,372. Median disposable household income in 2012 was estimated at $32,680.

The estimated figures for 2017 show an average income of $56,950 (+10.5 percent), a median income of $46,130 (+19.6 percent), and a per capita income of $23,877 (+10.5 percent).

Recreational Spending PotentialFigure 15 shows the 2012 annual recreation expenditure potential in the primary market area for categories related to potential recreational uses at Lake Nasworthy.

Figure 16 puts the spending categories in Figure 15 in a national perspective. It shows the Spending Potential Index (SPI) and represents the amount spent for a product or service relative to a national average of 100.

Spending in all categories is below the national average which indicates a lack of opportunities in the market area.

Spending Potential Index (SPI)

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Secondary Market -(Odessa-Midland, Abilene-Sweetwater)Between 2010 and 2012 the total population in the visitor market area grew by 2.4 percent. This trend is projected to continue, with an estimated population of more than 780,000 by 2017; this translates into a projected growth of roughly 5 percent between 2012 and 2017. The number of households (725,000 in 2010) is projected to follow the same trend with a projected growth of 5 percent between

2012 and 2017 to an estimated 286,000 households in 2017. The following figure summarizes basic demographics for the visitor market area.

The number of families in the market area is projected to grow by 6 percent between 2012 and 2017. The share of family households of all households increases to 68% which is against the overall national trend of a growing number of single-person or non-family (single person) households.

Demographic Overview Secondary Market

Population by Age Group in Percent Secondary Market

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Aging Trend Secondary Market

Income Overview Secondary Market

Income - Distribution by Income Groups Secondary Market



Age DistributionOver the next five years, the age distribution of the population is projected to remain almost the same as in 2010 with a slight increase in the age groups 65 years and older and a slight decrease in the age groups 24 and younger and 25 to 64 years of age. This finding reflects the ongoing national trend toward an overall older population however less pronounced. Figure 19 shows the population by age group in percent of the total population.

Figure 20 summarizes the population into only three age groups and showing the change in distribution in percentage between 2010 and 2017.

Household and Per Capita IncomeFigures 21 and 22 highlight income trends for the visitor market area.

Household Distribution by Income GroupThe share of households earning under $50,000 is projected to decrease by roughly 8 percent between 2012 and 2017 to

52 percent of all households, while the share of households earning between $50,000 and $100,000 and the households earning more than $100,000 are projected to increase to a share 33 and 14 percent respectively over the same time period. These numbers do not account for inflation and do not reflect disposable household income.

In 2012, the average household income in the visitor market area is estimated to be $55,636, the, median household income is $39,208, and the per capita income is $21,512. Median disposable household income in 2012 was estimated at $34,521.

The estimated figures for 2017 show an average income of $62,404 (+10.8 percent), a median income of $47,021 (+16.6 percent), and a per capita income of $24,051 (+10.6 percent).

Recreational Spending PotentialFigure 24 shows the 2012 annual recreation expenditure potential in the visitor market area for categories related to potential recreational uses at Lake Nasworthy.

Household Income in Secondary Market

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2012 Recreational Spending Potential Secondary Market

Figure 25 puts the spending categories in Figure 24 in a national perspective. It shows the Spending Potential Index (SPI) and represents the amount spent for a product or service relative to a national average of 100.

As seen in the primary market, spending in all categories is below the national average which indicates a lack of opportunities in the market area.

Demand Potential by Sports ParticipationThe National Sporting Goods Association (NSGA) and the Sports & Fitness Industry Association, (SFIA) publish

annual surveys on sports participation in the United States. Participation rates for selected activities are available by region, age group (age 7+), frequency, gender and other variables. These rates have been applied to the San Angelo market area demographics to estimate the demand potential for development around the lake.

The following figures show the detailed participation potential (demand) in selected sports based on demographics and participation rates for several key sports that would be found on a fully developed site of relevant market areas. Based on location, whether or not this is a regional or local



Spending Potential Index (SPI)

facility, competition, synergy effects and cross participation between available activities, a specific market share is estimated. The participants with the highest participation frequency for each selected sport are highlighted. This shows participants that are likely to participate in a specific sport activity over a longer period of time, representing the core market demand.

Primary Market Participation PotentialThe following figure shows the participation potential for the City of San Angelo in selected project related sports and activities based on demographics and participation rates for the market area.

Secondary Market Participation PotentialThe following figure shows the participation potential in the visitor market in selected project related sports and

activities based on demographics and participation rates for the secondary market area.

Market Participation Potential Summary

Demand Potential by PropensityThis approach is based on the socio-economic characteristics of households in the market area and their propensities to use various products and services. While this approach estimates participation it also estimates potential event (e.g. competition, concert) attendance. A market share was not applied to these numbers and it covers adults only – age 18 and above. This approach also compares the likelihood of households/individuals to participate/attend to the national average. It is accompanied by the MPI (Market Potential Index) which measures the relative likelihood of people in the specified trade area to exhibit certain consumer behavior

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Estimated Participation Potential, City of San Angelo

Estimated Participation Potential, City of San Angelo



or to participate/attend in activities/events compared to the national average.

An MPI of 100 represents the U.S. average, MPIs above 100 show a higher likelihood to participate in a certain activity, MPIs below imply a lower than average participation. These

figures are ascertained by sending the specific demographic mix found in a market area into a demand algorithm whose output is based on numerous sources of survey research. The following graphs put the participation categories for each market area in a national perspective – depicting the Market Potential Index (MPI).

Overview Estimated Participation Potential, Total Market Area

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Estimated Participation Potential, Local Market

Estimated Participation Potential, Visitor Market



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Tourism

Texas Tourism & Hotel MarketDomestic visitation to Texas increased six percent over 2011 with an estimated 220 million domestic travelers having visited Texas in 2012. The majority, more than seventy70 percent traveled in Texas for leisure, and 30 percent for business. Texas had the 3rdlargest share of domestic visitation in the U.S. Top visitor origin markets for Texas include California, Louisiana, Oklahoma, Illinois, Florida, Arkansas, Missouri, Kansas, New Mexico and Indiana. 2012 was a strong year for tourism in Texas with all indicators showing positive growth in visitation, economic impact and hotel performance. Texas hotels collected an estimated $8.1

billion in revenues in 2012, an increase of 10 percent over the previous year More than 90 million room nights were sold statewide, with occupancy rates increasing 2.8 percent points to 62.3 percent.

The booming oil and natural gas activity, particularly in the nearby Cline Shale is placing growth pressures on San Angelo. Although the city itself is not the site of much exploration, it is one of the larger cities in the region and serves as a hub for service companies and temporary oilfield workers, executives and families of those employees. Lake Nasworthy provides recreation opportunities for the influx of new workers, and appropriate means and facilities to entertain, serve and house them are essential for the future of San Angelo.

Hotel Occupancy Trends



San Angelo Hotel Market

In San Angelo, as in many towns in oil country, hotels are facing greater demand during the week from employment than on the weekends. This inversion in demand opens up the opportunity to explore hospitality development opportunities that can serve current employment while also fulfilling a maturing tourism demand. This can hedge any risk of decline in employment demand by being oriented to the Lake and recreation by providing short term support on new facilities, and building a long-term reputation for lake recreation.

Areas closely related to oil and gas production (O&G counties) showed a 15.7 percent revenue gain in 2012, and accounted for 56 percent of the state’s total revenue gain (from 38 percent of the stateroom supply). The 62 percent of room supply in non-O&G counties generated a modest

but healthy 7 percent revenue gain for 2012. Room-nights sold in Oil & Gas areas garnered real growth of 8.5 percent while non-O&G balance of Texas showed 4.7 percent. In the Fourth quarter, O&G revenues achieved +15.7 percent and non-O&G areas +7 percent.

Year-over-year, lodging performance measures are now stabilizing at healthy growth levels after a three year recovery period. Occupancy levels are above 60 percent and average daily rates are growing at a healthier 3.8 percent pace, aiding significant RevPar improvement. Supply additions remain well below gains in room-nights sold. With 2012 RevPar reaching $55.83 (equal to 2008), and occupancy slightly above long-term averages, overall new hotel development projects will likely commence selectively.

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San Angelo Hotel Market 35-70 Miles Distance

Preliminary San Angelo Lake Nasworthy Hotel Demand Calculation


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San Angelo Lake Nasworthy Proposed Hotel Room/Room Night Supply

Assuming the hotels are open 365 nights per year San Angelo currently has a room night supply of 713,940. Based on available room nights and the last years occupancy rate 521,176 room nights were sold in San Angelo. Room nights sold for the 1st quarter of this year are 182,377. The next available hotels outside of San Angelo are 35 Miles away. Figure 34 lists the hotels that are between 35 and 70 Miles away from San Angelo.

Preliminary Hotel Demand EstimateBesides the additional demand from energy related business, new demand will come from recreation and leisure visits to Lake Nasworthy. The following demand estimates are based only on the new additional room demand from recreation and leisure activities that will be offered around the lake and conservatively assumes one visit per year. It is based on

the population figures from the visitor markets.

In comparison the proposed two new hotel facilities will create the following additional room and room night supply.

Restaurant Local MarketIn 2011 households in San Angelo spent on average $2,340 for food away from home which accounts for 4.7 percent of the household budget. In total households in San Angelo spent $86,290,000 in this category. The following graphs detail number of visits, type of restaurant visited, for what reason and the day of visits to a restaurant.

Restaurant Visitor MarketIn 2011 households in visitor market spent on average $2,520 for food away from home which accounts for 4.7

Market Analysis

Local Market Frequency of Restaurant Visits

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Local Market Frequency of Fast Food Visits

Local Market Restaurant Reason and Day of Visit


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Local Market Fast Food Reason and Day of Visit

Visitor Market Frequency of Restaurant Visits

Market Analysis

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Visitor Market Frequency of Fast Food Visits

Visitor Market Restaurant Reason and Day of Visit


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Visitor Market Fast Food Reason and Day of Visit

percent of the household budget. In total households in the visitor markets spent $684,230,000 in this category. The following graphs detail number of visits, type of restaurant visited, for what reason and the day of visits to a restaurant.

Assuming the out of town visitor numbers from the hotel demand estimates and an average spending of $27 per person for food and beverage per day the additional visitation to Lake Nasworthy could create roughly $ 5million in new spending potential for restaurants, fast food restaurants and bars.

Regional Tourism DemographicsThe number of Person-Stays to the Big Bend Region, which San Angelo would be considered a part of, was estimated at 6.17 million in 2011, and the volume of Person-Days was estimated at 15.42 million. The Big Bend Region’s share of total Person-Days to Texas is the smallest out of the 7 main Texas tourism regions. Leisure visitors share essentially all of the demographic characteristics with the typical U.S. household, showing similar proportions by age category, presence of children in the home, by life stage, and by Generation. In household income, the Big Bend Region shows a wealthier distribution in its travel base, attracting

more visitors in the $75,000+ range (54 percent)and fewer in the under-$50,000 range (33 percent)than the U.S. average. The average traveler has a household income of $86,520. About one third of the regions visitors include children in their households. The greatest proportion of the regions visitors are in the 18-34 age category and the average visitor to is 44 years old.

Type of Trip and SpendingOf all visitors to the region 49 percent are leisure visitors. Non-Vacation leisure visitors (37.5 percent) coming to the region to visit friends and relatives (VFR) comprise about one‐quarter of the leisure visits by trip purpose. Of the vacation leisure visitors (11.5 percent) 5.7 percent are on a weekend getaway and 5.8 percent are enjoying general vacations. The remaining 51 percent of visitors to the region are on business trips – 9.9 percent visit the region for a meeting or conference while the majority (41.1 percent) visits the region to conduct business such as construction, repair, client services or sales. The average per person per day spending is $129.60 of which most is for transportation (34.9 percent) due to increased fuel costs followed by food (20.8 percent) and accommodations (16.9 percent).

Market Analysis

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Travel Party Composition and ActivitiesThe largest travel party type in the region is one male only with 43.9 percent followed by couples that make up 21.6 percent. Couples with children account only for 6.1 percent of all travel parties in the region. This comes as no surprise since the majority of travel is for business reason and only a quarter of all travel parties are households with children – the average travel party size is 1.66. The region’s most popular activities for visitor are culture (12 percent) including historic sites, concerts and plays, festivals and museum visits. This is followed by nature related activities (8.6 percent) such as visiting National or State Park, hiking/biking, visit a lake, eco tourism and camping. Outdoor sports are the least favorite activities.

Length of StayThe average length of stay is 2.61 days. The average length of overnight stays is 4.04 nights. Day trips make the majority with 43.3 percent, 1-3 night stay make up 42.5 percent followed by 4-7 night stays with 10 percent and 8+ night stays with 4.2 percent. Economic changes seem to be affecting travel behavior for the state. Illinois’ visitors historically tend to drive longer distances for their leisure travel, but 2008 brings in more drivers closer to home as the average one-way distance traveled by auto is at a five-year low of 136 miles in part because of the higher fuel costs.

Big Bend Region/San Angelo Tourism Summary

• Texans generated 61.7% of Person-Days to the Big Bend Region; Non-Texans 38.3%

• Top 3 Texan origin DMAs: 1. Dallas-Fort Worth,2. Odessa-Midland, 3. San Antonio;

• Top 3 Non-Texan DMAs: 1. Los Angeles, 2. Shreveport, 3. Albuquerque-Santa Fe

• Leisure travel represented 49 percent of Person-Days to the Big Bend Region; Vacation 11.5 percent and Non-Vacation 37.5 percent

• Business travel represented 51% of Person-Days to the Big Bend Region; Meetings 9.9 percent and Transient 41.1 percent

• Activity categories participated in Big Bend Region: 1. Culture 12.2 percent 2. Nature 8.6%, 3. Touring 7.9%, 4. Attractions 6.4%, 5. Outdoor Sports 3.6%

• Average Party Size (Adults and Children) 1.66 persons

• Average length of Stay was 2.61 days (overnight and days); 4.04 nights (overnight only).

• 68.7 percent traveled by Auto; 21.3% by Air

• Accommodation Type: Paid 61.9 percent; Non-Paid 37.4 percent; Other Overnight 0.7 percent

• Average Per Person Per Day Spending $129.60

• Average Age 44.1 years

• Average Household Income $86,520

• Children in Household: Yes 32.3%, No 66.7 percent

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DRAFTMaster Plan

The Lake Nasworthy master plan was crafted based on the information summarized in the previous sections of this report. Evaluation of the existing context,

incorporation of stakeholder input, consideration of physical realities, and evaluation of market realities were fused together to inform the master plan.

Lake Nasworthy Area Master PlanFigure 45 shows the five character areas – physical and artificial boundaries separate the areas that contain areas of similar use or characteristics.

Lake Nasworthy Area Master Plan

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Market Potential by Character ZoneEach character zone incorporates and builds on existing activities to maximize market opportunities. The various zones have different magnet attractions and seasonality which indicate whether zones are likely to be active enough to support facilities like food and beverage, hospitality, and other support elements for the guest experience.

Zone 1: Action SportsProgramming for this zone includes:• Boat Races (Drag Boats, Remote Controlled Boats)• Wake Boarding• Archery

• Mountain Biking • Trail Running• Camping (RV,Tent)

In this zone, the boat races will require peak loading for special events that while built into the design, do not negatively impact the day to day use of the area for the other magnet attractions. All have enthusiastic aficionados who will come to the site to engage in them and have few other places in the areas where they can do so as well. Therefore all are technically magnet attraction elements. Their relative demand and popularity are projected in figure 47 in this section.

Zone 1: Action Sports


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The San Angelo climate allows for three season boating, wake-boarding, archery, mountain biking, trail running and camping – all, weather permitting, can be enjoyed year round. Boating and wake-boarding may be the crown jewels among the magnets in this cluster as they require a lake or wide river and can be done most rarely in west Texas. Therefore, if one wants to engage in this activity in the region, he or she has to come to the lake to do it. As Figure 47 suggests, boating and wakeboarding may capture the most enthusiasts of the activities in this zone (assuming sufficient capacity for both). It’s interesting that there may be more wakeboarding demand than boating. However there are underwater mechanical wakeboarding systems that eliminate the need for a boat and some wakeboarding is just a simpler version of surfing. All of these activities skew toward the younger age cohorts except for archery and camping. The existing San Angelo archery facility is admirably targeted to a family audience which can make it a lifelong sport. If successful, this will change the typical profile of the sport which indicates that most participants are young.

Mountain biking, running, jogging, and trail running all rely on the same thing – a trail system – however different kinds of trails are needed. Trail running and mountain biking can share a similar trail. The others prefer a more finished and flatter trail. There is no good way of projecting trail running demand at this time but the projections for mountain biking and running offer insight. Both would significantly top trail running, an elite form or running. It is estimated that it would be 15,000 to 30,000 a year, about a quarter to a half of the other two similar activities. Several key youth populations at the Air Force base and the university are likely to contribute to this group.

These activities are generally engaged in year-round by people who bring their own supplies with the exception of campers. Campers typically require some type of a camp store. The exception will be the need to supply enthusiasts who come for the boating and other events. Temporary human services infrastructure from food to restrooms will be needed.

Zone 1 Estimated Participation/Attendance Potential

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Zone 2: Harbor Village

Zone 2: Harbor Village• Programming for this zone includes:• Marina• Beach• Restaurants• Hotel• Sailing School/Electric Boat Rental• Triathlon Staging Area• Splash pad• Party Boats

The proposed activities for this zone include a number of magnet or destination elements including a reinvented marina and destination restaurant. The marina, which will

be a three season facility, and the year-round restaurants, which must be on the water to distinguish them from other restaurants in town and justify the drive past others to this location, are viable if coupled with a appropriately programmed and designed hotel. The key for the hotel will be water views and convenient water access, which is why well designed adjacency to the marina and the beach are critical.

In addition, the magnet destination elements could include: the waterborne version of the restaurants – the party boats – that are likely to be active in the summer as well as spring and fall weekends, the beach and splash pads which will be unique (like the boating) in the region and be magnet


DRAFTMaster Plan

destinations through the summer into the weekends of the spring and fall like the party boats, the triathlon staging area and sailing schools differ from the others as program that may use the other proposed elements for staging and be an event experience in the case of the triathlon and a programming experience likely to be administratively connected to the marina in the case of the sailing school.

This zone will be the commercial heartbeat of the lakefront with a hotel and restaurant, probably at least one gift shop, the party boat or boats, and berths and boat launches and boat rentals for one of the lakes most popular activities, boating, and the best place to actually swim/use the splash pad on the lake. In time, the addition of some other commercial elements often found on beaches with commercial orientation like mini-golf and perhaps a seasonal carnival can be anticipated unless these are developed in Zone 3.

Parking management will be critical for this zone during peak demand times – a famous issue at beaches. Plans should at least one “walk-to” gravel parking lot and a swing set of handicapped parking spaces that can vary depending on anticipated demand for parking (more spaces close to the beach/activity center during peak times).

Hotel Market• Occupancy rates in San Angelo grew from 58% in 2010

to 73% in 2012 (78% 1st quarter of 2013)• San Angelo currently has a room night supply of

713,940. Based on available room nights and the last years occupancy rate 521,176 room nights were sold

• Based on a market share of 25% of the visitor market assuming only one visit per year an additional estimat-ed room night demand of 137,391 would be created (not including demand for business travelers).

• A 250 room resort type hotel would add 91,250 available room nights and would sell 70,900 room nights based on the current occupancy rate.

Restaurant Market• In 2011 households in San Angelo spent on average

$2,340 for food away from home which accounts for 4.7% of the household budget.

• In total households in San Angelo spent $86,290,000 in this category

• In 2011 households in visitor market spent on average $2,520 for food away from home which accounts for 4.7% of the household budget.

• In total households in the visitor markets spent $684,230,000 in this category

• With $27 spending per person for food and beverage per day by out of town visitors the additional visitation to Lake Nasworthy could create roughly $5 million in new spending potential for restaurants.


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Zone 3: Nature/EducationProgramming for this zone includes:• Nature Center• Family Entertainment Center (FEC)

Both the nature center and the FEC concepts are magnets for this zone. There is some seasonality possible although many sunbelt zoos and nature centers are busiest not in the summer but the spring and fall when the temps are more moderate for what is typically seen as an outdoor attraction. The nature center/FEC concept is to offer residents and vis-itors: an introduction to the local ecology through a visitors center and high quality exhibits and likely a small theater

for film presentations, a small educational and entertaining zoo experience done in cooperation with one of the larger metro zoos in Texas (one that would appreciate a west Texas outpost) with state-of-the-art animal feeding programs for visitors, and a small array of fun and entertaining experienc-es that will interest the youth market and bring in financial support for the overall management/ownership entity as na-ture centers and zoos are typically non-profits.

To raise revenue and keep adolescents coming back to vis-it (often with younger siblings) mini-zoos today can offer a broad array of entertaining and overnight experiences. Among the entertaining experiences are mini-golf, small

Zone 3: Nature/Education


DRAFTMaster Plan

rides, carousels, electric go-karts, ball pits, discovery digs, gondola rides, zip lines, ropes courses and other experienc-es. There are many smaller communities across the US that currently run successful nature centers and mini-zoos. If developed in San Angelo it is likely that this would be the leading attraction in attendance within a few years as zoos typically have the highest attendance in communities. That will, however, not be a threat to other well-regarded and established facilities in town like the art museum as zoos tend to skew youth ward in age appeal while art and cultur-al attractions tend to draw adults and youths with a differ-ent set of interests. Summer and weekend camp programs should be built into the planning for this facility. It may turn out that many of the active uses proposed for this lakefront park facility will also spawn summer and learn-to programs.

Zone 4: Special OpportunityProgramming for this zone includes:• Walk/Jogging/Bike Trail• Windsurfing• Zip line• Nature Center (Alternative)• Hotel• Residential Development• Commercial/ Retail Development

This site, including the old power plant and the lake, already draws a lot of San Angelo residents who participate in those activities. A thorough site improvement would increase visita-tion thus supporting related attractions and activities around the site and improving safety and access over the current

Zone 4: Special Opportunity

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unfavorable situation. Once again all of the proposed activ-ities are magnet attractions. With the exception of windsurf-ing they are not very seasonal. The trail system is already well-established around Gun Club Hill and the market would welcome a safer alternative if it is equally interesting.

Zip lines are a clear possibility with the existing topography on the site. This is true for a ropes course too if the deci-sion is made to maintain Gun Club Hill as a public destina-tion rather than a private development area. Even is Gun Club Hill is disposed for private development, a trail system and recreational access should be incorporated on the top in order to take advantage of the views and to lessen the pressure of the walking demand on the road around the hill.

The Power Plant site is a more standard site for a hotel – on a primary road and near the airport and downtown – in addition with sufficient height it can be oriented to capture lake views. This location will have special access to fitness trails and proximity to other lake assets, possibly making it a very suc-cessful hotel property with an edge over other hotels in the market with standard locations. Multifamily residential and a roadside retail/ restaurant, should be considered for this site.

Hotel Market• Occupancy rates in San Angelo grew from 58% in 2010

to 73% in 2012 (78% 1st quarter of 2013)• San Angelo currently has a room night supply of

713,940. Based on available room nights and the last years occupancy rate 521,176 room nights were sold

• Based on a market share of 25% of the visitor market assuming only one visit per year an additional estimat-ed room night demand of 137,391 would be created (not including demand for business travelers).

• A 100 room full service hotel would add 36,500 avail-able room nights and would sell 28,361 room nights based on the current occupancy rate.

Zone 5: Community/ActivityProgramming for this zone includes:• Birding Center• Fishing• Canoe/ Kayak

These are a trio of low impact activities that will succeed best on a quieter portion of the lake. Two require a location to which wildlife are drawn – birds and fish. Despite the



DRAFTMaster Plan

Zone 5 Community Activity

low-impact, quiet, nature of these activities, they’re all very popular as shown in figure 45 below and this could be a magnet site for enthusiasts of all three activities.

From a design perspective it would be appropriate to spread these activities across the zone, as people do not typically do one and then another in succession - there’s no activity synergy, so they are best designed to be quiet and low impact. People engaged in these activities typically bring their own supplies. There is no clear need for support facilities. Given the particularly interesting dependence on wildlife for two of these activities, the design of this zone should be natural – in-cluding any public conveniences provided. There is sufficient demand for these activities – especially as many of the partic-ipants in these more sedentary activities are older.

Integrated Parks/Trails and ConnectivityA network of trails and connections would help build a sense of identity and synergy between character zones around Lake Nasworthy. The lake is a beautiful natural treasure for both San Angelo and surrounding communities. Hiking, biking and walking are healthy, affordable ways to enjoy the natural world, to exercise, to relax, and to travel from place to place around the lake. However, there are currently no dedicated bike lanes on the roads around the lake and few trails along the water and through the natural wooded areas. The City of San Angelo has identified the need for more trails in the lake area, and many of the trails in this report were already included in the City of San Angelo Bike and Pedestrian Plan (last updated in 2008) and/or the 2012 Parks, Recreation & Open Space Master Plan. The proposed

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trails in this section are expansions on previously planned: routes, trails, and recommended trailhead locations.

The proposed network of trails, bike lanes, and bike routes, as shown on the Proposed Trail System map (figure 55) would allow bicyclists to travel safely from the north along Knickerbocker Road to attractions around the lake. In addi-tion to providing opportunity for alternative modes of mobil-ity, it would include over 28 miles of scenic and recreational opportunity, creating a loop around the lake. It could also contribute to a solution of the current conflict of uses on Gun Club Road between vehicles and pedestrians. Organized trail systems can stimulate the local economy by increasing tourism and promoting local business.

Key ConsiderationsSome of the trails proposed in this section are not on City-owned land, particularly along the old raised rail bed that would be the location of the Rails-to-Trails trail discussed further below. The trail would run from Spillway Road to Red Bluff Road, a distance of 1.8 miles, and would include a pedestrian bridge over the Middle Concho River. Rights of access would need to be acquired by the City or a non-profit entity. There are also a few sections of the proposed foot trails, included in the COSA (City of San Angelo) Parks, Rec-reation & Open Space Master Plan, that cross land owned by the U.S. Department of the Interior (DOI). An agreement would need to be reached with the DOI, if one is not al-ready in place, before trail construction could begin on these

reaches. Sections of the hike and bike trails that are not on City owned land are shown on the Proposed Trail System map on the next page in light green. Sections of the foot trail included in the Parks Master Plan that cross DOI land are shown as dotted blue lines. Some trails cross land that is leased by the City. Such trail reaches should be aligned and designed to either wholly avoid or minimally displace the agricultural and other uses of the lessee, with written governing understandings between the lessees and the City. Sections of trail on City land that is not currently parkland are shown in purple on the Proposed Trail System map. Trail that crosses existing parkland is shown in dark green.

Proposed Additions to the COSA Bike and Pedestrian Plan (B&PP)On the west side of the lake, in addition to the proposed bike route along Spillway Road, which was included in the COSA Bike and Pedestrian Plan as a bike lane, this report recom-mends a hike and bike trail running along the northern edge of Spring Creek and the southern edge of the Middle Concho River, connecting with the broader trail system at each end. This trail would be a more meandering, less direct route than that given in the B&PP, offering an alternative 5 mile scenic trail along the water.

On the east side of the lake, along Fish Hatchery Road, this report recommends a hike and bike trail running to the South Concho River. A spur would connect to the Hatchery lands on which a playa and restored native prairie are planned as



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part of this report’s birding destination program. The hike and bike trail would continue on the other side of the South Concho River until it connects with the bike route on Beaty Road. At the place where the hike and bike trail meets the river, there is a large shoal which may allow hikers and cy-clists to ford the river easily. However, it is recommended

that the City further study this possibility.

The road loop around Gun Club Hill, created by Gun Club Road and Hillside Drive, is heavily used at present by walk-ers and runners and there are a number of points along the road where visibility is impaired by hills and curves. A trail

Proposed Trail System Map

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separated from the roadway would allow for safe use of the area by pedestrians and unobstructed use of the road-way by vehicles. San Angelo’s City Engineer reported in a memo to City Council on August 17, 2010 that adding such a trail would require the physical widening of approximately 6,000 linear feet of Gun Club Road (to establish a minimum roadway width of 20 feet) and construction of an additional 5 to 8 foot wide improved pedestrian way adjacent to the

roadway. The City Engineer reported that this would require the excavation of the vertical embankment along the north and west sides of Gun Club Hill. This report recommends pursuing this option, as it would improve public safety while allowing pedestrians to continue enjoying the views from the road. The construction of a trail loop on the top of Gun Club Hill itself, for which there is a Parks Department CIP, could also reduce pedestrian use of the Gun Club Hill loop

Master Plan Sketch of Planned Trail, Midland I-20 Playa Preserve


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road, and would provide a significant amenity to the citizens of San Angelo and to visitors.

Two sections of the old rail line jut out into Lake Naswor-thy just southwest of Hot Water Slough Park. While it may be possible to build a bridge from one to the other in or-der to extend the length of the Rail Trail (discussed below), it would likely be cost prohibitive. Instead, the City could make the bridge stubs more conducive to public use, such as fishing, which public interviews reveal is happening there already. Adding a sun shelter (perhaps 6’ x 12’ supported by columns) at the end of each stub, with well-placed benches underneath, would make them more pleasant to use. The stub on the west is wider in some parts, and a picnic area could be added. Given the wear and tear evident on the stubs, a budget should be allocated to their improvement, including safety and visual quality enhancement.

Rail-to-TrailsFormer rail lines have been transformed into popular rec-reational trails and transportation corridors around the United States and elsewhere. The raised beds remaining after a rail line has been decommissioned offer a unique opportunity to create trails that are flat or gently sloped and are ideal for bicycling, walking, in-line skating, eques-trian use and wheel chair use. The former rail line that runs from Spillway Road in the west to Red Bluff Road in the east could be turned into one of these trails, adding almost two miles of trails in a natural setting, and creating a pedestrian-bike bridge across the Middle Concho River. Information on programs that offer potential funding or technical assistance for trails are included in the imple-mentation section of this report.

Bike Lanes and RoutesIn places where the proposed trail system is shown along a roadway, except in the cases of Knickerbocker Road and Gun Club Road, it is likely that a new bike route would be the most appropriate form for the trail to take. A bike route, or Class III bikeway in TXDOT/FHwA nomenclature, would provide for shared use with motor vehicle traffic and would be identified by signs and/or pavement markings. A bike lane is recommended for Knickerbocker Road in-stead of a bike route. A bike lane, or Class II bikeway, would be adjacent to but separated from the travel lanes with striping. Since Knickerbocker is a busy 4-lane road,

a bike lane would be needed to provide some protection for cyclists and to help organize traffic flow. It may not be possible to add a bike lane on the stretch of Knickerbocker Road that crosses Lake Nasworthy, since the bridge may not be wide enough to accommodate the added lanes. In that event, signs can direct cyclists to use the sidewalk along the western side of the bridge.

Hike/Bike Trails and FootpathsOff-road (Class I) trails, such as the loop trail atop Gun Club Hill, will need to accommodate both bikers and hikers/walkers with a width of at least 9 feet. These sections are colored purple or green on the Proposed Trail System map, depending on whether the land is City-owned. Where the alignment for the new trail is fairly even and surface condi-tions are non-eroding, minimal light re-grading and tamping may be all that is needed for stabilization. Where any ero-sion or instability is evident, stabilization can be achieved with suitable design and specification. Cross-grades (pitch) and all other specs should conform to TXDOT/ADA/FHwA standards. Path vertical alignments should not exceed 3 percent gradients where possible with a maximum of 5 per-cent where steeper grades are unavoidable.

The City’s Parks, Recreation & Open Space Master Plan in-cludes trails on City land adjacent to Spring Creek Park and Middle Concho Park, shown on the Proposed Trail System map in blue. These trails can be designed as footpaths with widths of only 2 feet in most areas. As with the hike/bike trails described above, where grade conditions for the new trail are fairly stable, only minimal light re-grading and tamping may be needed for stabilization. Where any erosion or instability is evident, stabilization can be achieved with the measures recommended above. The design, grades, and surfacing for all trails discussed in this section should conform to ADA (Americans with Disabilities Act) and TAS (Texas Accessibility Standards) specifications.

TrailheadsThe establishment of trailheads with way-finding informa-tion and space for parking will be important. These can be constructed with low-impact, attractive design and can be accompanied by amenities such as picnic areas, restrooms, and parking or can simply provide information about the trail.

The Proposed Trail System map shows ten optimum loca-

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tions for trailheads, noted with star symbols:

1. Intersection of Middle Concho Drive and Jaycee Road. 2. Along Middle Concho Drive near the entrance of the

rail trail. 3. On Gun Club Road at the proposed entrance to the hill

top trail. 4. Intersection of Knickerbocker Road and Beaty Road. 5. On Fish Hatchery Road where the off-road hike and bike

trail begins and a trail spur leads off to the new birding site at the old Fish Hatchery #2.

6. Intersection of Knickerbocker Road and South Con-cho Drive.

7. Intersection of Knickerbocker Road and Fisherman’s Road.8. Along Knickerbocker Road at the planned future lo-

cation of campsites and a relocated San Angelo Na-ture Center.

9. On the southwest side of the Middle Concho River where two trails intersect.

10. On the opposite side of the Middle Concho River where three trails intersect.

It is recommended that parking be included for at least three trailheads: intersection of Knickerbocker Road and Beaty Road (on the adjacent City property), intersection of Gun Club Road and Hillside Drive (on City property) and corner of Concho Drive and Jaycee Road (on City Property). A poten-tial trailhead is one of the catalytic projects included in the implantation section of this report.

Other ConsiderationsParks and Recreation may wish to consider installation of an appropriate number of emergency phones along remote portions of the trail system. Also, the department may wish to name the trail system overall and its individual reaches with a nomenclature that expresses the unique attributes of the lake and its plant and animal life. Adding 28 miles of new trails in a well-planned network around Lake Naswor-thy would provide San Angelo residents and visitors with greater opportunities to enjoy the lake’s natural beauty and to engage in healthy, low impact recreation.

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Potential Partnership StructuresThe key to implementing the vision and projects in this action plan will be partnerships. Whether a partnership among the city and other public sector entities a partnership with potential private investors, the public sector must be very careful how it uses its limited assets to catalyze de-sired activity at the lake.

The myriad of activities and potential additional activities is impressive. The vision for partnership and coordination in this action plan provides the means for the various public partners with an interest in Lake Nasworthy to work togeth-er to create synergies and shared outcomes in terms of land assets, revenues for operations and maintenance and com-plementary programs.

The City is in the position to help prime development by sup-porting at some level necessary utility costs where it deems appropriate. The investment involved would be dependent on the type of development. Once detailed project needs are identified, fiscal calculations should be made to consider the cost/benefit case for spurring development on an currently underutilized parcel.

Regarding basic needs for the successful operation of the lake and any expanded activities, this action plan identifies significant infrastructure and public amenity needs such as bathroom facilities, trails and erosion control measures. Public investment in those elements should be undertaken to catalyze and leverage private investments in entertainment, restaurants, hotels, etc. The means to do this includes en-tertaining unsolicited proposals under the state authorized authority for local subdivisions. This process encourages fairness and competition, while also allowing for the private sector to bring forth creative approaches to utilize public as-sets for maximum public benefit while creating maximum potential private investment at the same time.

Through a separate set of deliverables, the consultant team will provide guidance on this approach.

Funding/Financing StrategyThe Lake Nasworthy Trust Fund is growing and can provide long term investment capacity in the core infrastructure needs of the lake. As discussed herein, prioritizing those investments will be critical in order to grow general tax base around the lake. This growth in general tax base will provide

additional investment potential over time for key infrastruc-ture such as improvements to Knickerbocker Road in order to provide both safe access and increased capacity to des-tination around the lake. Accordingly, the creation of a Tax Increment Reinvestment Zone (TIRZ) should be considered in order to provide the potential for additional investments beyond the potential capacity of the Lake Nasworthy Trust Fund. This will be especially important if one of the goals is to balance the preservation of the corpus of the trust fund with expenditures over time.

If any special district such as a TIRZ is created to support catalytic public investments for Lake Nasworthy, the follow-ing should be considered:

• The Special District Project Plan establishing public elements for investments such as trails, docks, public plazas, etc. should align with the catalytic elements set forth in this plan.

• The City’s Capital Improvements Program (CIP) should also be synced with the Special District Proj-ects Plan so that any CIP expenditures leverage the Special District Project Plan, especially in terms of basic utilities and streets.

• If a TIRZ is created as the special district, incentive policies should be included in the Finance Plan such as the conditions in which “Chapter 380” Sales Tax and Hotel-Motel Tax grants might be considered.—for ex-ample, the policy might state that those grants could be eligible for projects that align with the catalytic vision and projects of this action plan and that perform over a certain level of tax base return.

• A coordinated policy should be reflected in both the Fi-nance Plan for the special district and the finance plan for the Lake Nasworthy Trust Fund.

Catalytic ProjectsThe following catalytic projects build on the character zone structure described above. Some of these proposed proj-ects are purely public, while others included both a public and private element.

The goal of the public projects such as the birding center is to encourage expanded tourism activity at a relatively low cost public investment. The purpose of the public-private projects is to encourage the use of under-performing assets that could be coordinated in order to create synergies such

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as the privately owned marina next to Mary E Lee Park.

Mary E Lee ParkThe Harbor Village Character Zone that incorporates Mary Lee Park is a high profile location that has yet to catalyze enough activity to be commercially viable. By using entitle-ments and encouraging a critical mass of various use types to energize development, the Mary Lee Park area could be-come a year-round destination for both locals and tourists.

The adjacent marina faces an uphill battle in terms of the eco-nomics of a standalone marina. However, if a portion of the land at Mary Lee Park were made available to accommodate a hotel/restaurant in combination with the marina, the economics of

the operation of the entire destination could provide the ability for the marina operation to be underwritten successfully.

This proposal would necessarily include the relocation of the Nature Center; but several options for that effort have been provided in this action plan. This could result in a win-win for both the marina and a relocated Nature Center.

Mixed Use Marina/HotelThe illustrative concept in Figure 57 shows how a mixed use marina/restaurant/hotel could be executed, along with com-plementary for sale or for rent mixed use residential across Knickerbocker on the private held parcels. This illustrative concept also provides some protection for

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Mary E Lee Ownership Map Showing Public and Private Parcel Use - TO BE REPLACED

the small neighborhood on the other side of the beach by creating a buffer with a new drive and landscaping. In ad-dition, it includes a splash park to enhance the beach area.

In order to establish the basic framework for a public-private approach, Figure 58 delineate the private and public parcels that could be made available for purchase and ground leas-es, respectively. The dispositions of the public lands for ground lease could be facilitated through the unsolicited proposal process described above.

The illustrative concept includes the following:• Hotel on the lake - 30 rooms per floor, 4-5 floors (120 to

150 rooms total)

• Restaurants - 30,000 SF (one story)• Conference center - 30,000 SF (one story)• Retail/Entertainment Flex Space - 45,000 SF (one story)• New beach structure with concessions - 6,000 SF• For rent residential, condominiums or Hotel across

Knickerbocker Road - 50 rooms per floor, 4-5 floors

Sailing School as Activity Catalyst at Mary Lee ParkOne potential use to encourage further catalyze the area would be a sailing school in Mary E. Lee Park. This location would not conflict with boat ramp access and is at a respect-ful distance from neighborhood homes. The water depths along this shore are moderate and would allow easy docking of boats. Adequate space would need to be allocated from

Implementation Report

[INSERT OWNERSHIP MAP]

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the existing park for parking, access to the dock(s), space for on-land storage of a small number of sailboats, and a small sailing school structure. Parking should provide spaces for trailer parking with opportunities for individuals, including those not enrolled in sailing classes, to bring their own sail-boats, sailboards, and other craft.

Sail boating need not be considered competitive with power boating in terms of lake surface availability. The broadening of lake recreational opportunity will allow more residents to do more of what they enjoy, whether for simple recreation or as sporting competition. While Nasworthy does not have the large fetches of other lakes, it has a sufficiently naviga-ble surface and can accommodate small regattas and other racing events, each of which can bring some numbers of competitors and other visitors to San Angelo.

This sailing activity would also provide visual, people watch-

ing interest for people staying at the hotel or eating at the waterfront restaurant.

Power Plant SiteRecently purchased by a private investor, the decommis-sioned power plant site offers an opportunity for the com-munity to see activation of a previously dormant parcel. The activity catalyzed by development activity that is in congru-ence with existing activity around that lake can begin to make viable commercial enterprises that would be benefi-cial near the lake and bolster existing uses. This develop-ment could take place with the city playing a role to help shape a project that is in keeping with the long term vision for Lake Nasworthy.

After complete dismantling of the power plant an attractive piece of property near Lake Nasworthy will be available for redevelopment. This is a unique parcel in its proximity

Power Plant Site Illustrative concept


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to water and the canal that bisects the site as well as the frontage on to Knickerbocker Road. After discussions with the new owner’s representatives it is understood that the site is envisioned to be a mixed use concept with a sin-gle family neighborhood, multifamily buildings and a hotel served by neighborhood retail and commercial.

Figure 59 provides a concept as to how the hotel, restau-rants, retail and housing could be incorporated with pocket parks and public spaces; functional access to the canal for recreation; and access points for new roadway connections and trails through the area consistent with the proposed trail plan. Finally, the illustrative concept shows a location near the proposed hotel that could act as a regional inter-pretive heritage center and restaurant.

Currently the site is zoned conventionally, requiring a rezon-ing for a more mixed use, integrated context. Zoning should be updated not just to allow more uses; but rather, to cre-ate predictability across different ownerships as parcels are sold to other developers such that the parcel develops out as if it remained under the control of a single master devel-oper. This will allow for the fine-grained public spaces and walkable mixed use that would complement this location and its adjacency to Gun Club Hill.

As this is a portion of the lake that has not been designed for recreation access or community character, street and trail connectivity will be especially critical to making the de-velopment special and appropriate for its key location. This is especially true given the popularity of Gun Club Hill next door. Accordingly, a careful approach to planning, infrastruc-ture design and zoning will be critical to achieve both ap-propriate returns for the private owners, future developers and the public interest in this gateway property providing a destination speaking and connecting to this new vision for Lake Nasworthy. The bottom line is that this approach will allow a proactive vision for the site that would encourage place-based development with public benefit.

A potential option to help activate the Power Plant site is to elevate Knickerbocker Road so that boats may pass under the bridge and enter the canal which can act as a marina. Preliminary cost estimating done by the TXDOT San Angelo Division put the price for the bridge and road reconstruction at approximately $2.7 Million. This reconstruction along with an updated boat ramp would help to activate the east-

ern section of the lake and position the Power Plant site to act as a potential focal point of this activity, creating an op-portunity for mixed use development on the lake and private access from additional lake housing.

Heritage Center as Activity CatalystOne potential example of a public benefit would be a Heri-tage Center that would bring activity to the redevelopment parcel and act as a state-of-the-art exposition of San An-gelo’s heritage and leadership in Water Management and Wind and Solar Power Generation. The Center is conceived as one that could draw large numbers of tourists and any visitor with an interest in deeper understanding of water as a critical resource and the ways in which West Texas is developing advanced and environmentally sound meth-ods of energy generation. Water, now more critical than ever in the City’s history, would be highlighted on the one hand for its natural resource values, with the iconic Concho River Pearl as emblem and window opener to the region’s important environmental systems. Water capture and man-agement, at the same time, will reveal the exciting and dra-matic history of dam building and lake management at the Nasworthy, Twin Buttes, and O.C. Fisher reservoirs.

Energy generation is the second primary theme of the pro-posed center. While shale oil and gas are also significant energy themes, it is recognized that these would fare better, with a focus of their own, in a museum or expo center ded-icated to them, just as the Permian Basin Petroleum Muse-um, in Midland, is devoted to the history of oil exploration, extraction, and refining. If this assumption is reasonable, the Center proposed here would focus on Wind and Solar Power as the second primary theme beside Water.

If developed at a high level of exhibitory, audio-visual pre-sentation (including 3-D film), and explanatory mediums, the Center would be in a position to draw large numbers of visi-tors from the tourism-traveling public as well as from water supply and energy industrial companies, public utilities, and educational and research institutions. Until the concept is de-veloped in further detail and elicits the interest of a possible non-profit sponsor, or a private-non-profit partnership, it will not be possible to project visitor numbers, hospitality sector income, and public sector tax revenue associated with such a center, but the possibility exists and should be considered.

The Center was originally conceived on the Power Plant


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site; but that original concept is not appropriate given the development goals of the new investor in the Power Plant Site. A more modest, yet integrated center, is depicted in the mixed use illustrative plan above in Figure 60. Never-theless, the original concept is still being provided in this action plan if it is determined later that this more robust center would be appropriate at the Power Plant Site or at another site near the lake.

Gun Club Hill Adjacent to the Power Plant SiteAlthough this action plan does not provide an illustrative

concept for Gun Club Hill if it is developed, the connection between the Power Plant Site and Gun Club Hill must be care-ful planned and executed. The views from and attraction to Gun Club Hill by walkers/hikers necessitates that any devel-opment on the Power Plant Site and Gun Club Hill be linked and aligned through a very carefully executed street and trail plan as potentially laid out in Figure 55 depicting the trail plan for the area, and Figure 59 depicting the potential mixed use development on the Power Plant Site. The infrastructure in-vestments for those improvements should be incorporated into any final planning and zoning for those sites so that both

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the private owners and the community benefit from any public investments in new streets, trails and water access.

Birding CenterThe Community Activity Zone, as mentioned in a previous section, is an area of the lake best kept in a natural state. A more natural state does not mean there is still not opportu-nities for activity – albeit more passive activity. Besides the kayaking /canoeing or fishing and camping there are other niche passive recreation opportunities that can incorporate a wide spectrum of participants.

Birding Center as Ecotourism CatalystAn example of popular passive recreation is birding, which is renowned for the devotion of its enthusiasts. The Community Activity area of the lake offers an opportunity to create a bird-ing destination by retrofitting the former Fish Hatchery No. 2. The former hatchery could be adapted into a Birding-Ecotour-

ism Destination with a Playa and Restored Native Prairie. The Hatchery is situated a short distance south of Nasworthy Dam to the east of Fish Hatchery Road and to the north of Country Club Road. It consists of more than 20 abandoned and now ordinarily dry ponds and other former breeding units, with a total property area of approximately 40 acres. The ponds/units are divided by dikes with an average original crest width of 8-10 feet. Original pond water depth extended between two feet at the higher ends and six feet at lower pond ends. With erosion over time since the Hatchery’s closing in 1988, lower end depths are possibly no greater than three feet. Dike widths are probably narrower than the original condition, also due to erosion. Most of the property is thinly covered with dry land grass and shrub species at present, though some mes-quite and other trees are present.

Project Opportunities and BenefitsOther resources serve birdlife in San Angelo. San Angelo


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State Park has prominent birding sites. Lake Nasworthy and its fringe wetlands are well visited. O,C. Fisher and Twin Buttes reservoirs attract birdlife when water levels allow, as do the reaches of the three branches of the Concho River. Nasworthy, however, is often busy with power boating, wa-terskiing, and other lake activity that tend to deter aquatic birds. Creating a playa a short distance from the Lake would offer a desirable option to birds that prefer quieter surround-ings. The restored prairie around the perimeter of the playa, in serving field feeding species, would add to the nature-ob-servation value and ecological dimensions of the tract overall.

The New PlayaThis can be a resource for waterfowl and other avian species at a level of quality that will appeal to a wide spectrum of birders, ecotourists, university programs, families, and schoolchildren.

The pond (playa), dug to a suitable depth (e.g., three feet average over an area of about 3.5 acres in this conceptual proposal) and with sloped banks and other appropriate char-acteristics, would survive as playas typically do, namely on rainfall alone. Some stormwater runoff would be collected by gravity flow by one or more drainages leading rainfall from the reestablished perimeter prairie. One such drainage exists on the south edge of the area proposed for the playa. Some nat-ural seepage, if it exists from any water figure adjacent to the site, would also help. The sole intervention would be for the pond/playa’s initial establishment, which could be achieved with the supply of about 8-9 acre-feet from Lake Nasworthy. Following this pumpage, the playa’s water sufficiency would depend on rainfall, as natural playas do.

With appropriate design and grading equipment, a pond can be carved appropriately out of the existing landform of the old Hatchery. In the example given here, its configuration would be about 600 feet long in an east-west alignment, this long fetch favored by diving ducks such as canvasback and teal, as well as herons and others. The shoreline is shown as indented, which will allow tree growth on the western edges of the coves to provide cooling afternoon shade to the near waters, which will encourage fish to gather, which in turn will interest both feeding birds and human visitors. Six roofed bird observation structures are shown, each with a varying view of the playa. A continuous trail links all. In-

terpretive signs would be designed to properly portray the playa’s aquatic, avian, and terrestrial wildlife.

Playas, as dynamic habitats that rise, fall, and revive between drought and rain, also support the robust growth of plants and so serve as attractive feeding grounds for birdlife. “Playa for-age,” according to David Haukos, national playa expert1 “is so much better than anything else on the landscape that mi-grating birds will feed out the playa before they forage in the fields. And it’s not just ducks. We’re talking about shorebirds, upland species, wading birds – the gamut.”

The Restored Native PrairieThis prairie restoration will be a source of food for grouse, pheasants, and geese, among other avian species as well as for terrestrials. Water-conservation principles would be applied to prairie establishment in that seeding of native grasses would be scheduled in August-early October two or more days prior to a forecast rainfall, with repeat seedings later in the same season and in following years, without irrigation/sprayings following these events.

Educational Value of Both Playa and PrairieIn addition to serving wildlife, both the created playa and the restored prairie will have high value to high school and college programs, as well as for nature observation and scientific study, including the monitoring of progress on the emergence of both playa and prairie. While no discussion has been held with area institutions such as Angelo State University and San Angelo Nature Center, the attention of these and other nearby educational and research programs could be invited by the City. Their biology programs and researchers and graduate students could potentially be engaged in monitoring the progress, establishment, and maturation of both playa and prairie. Results would be of in-terest to students, faculty, researchers, and general readers region-wide and nationally.

ConstraintsThe Hatchery property is classified as a “lake” in the Nation-al Wetlands Inventory. Any proposed change such as rec-ommended here would need to first receive approval by the U.S. Fish and Wildlife Service following A-95 review. Given that the plan is to reinforce native vegetation and augment

1 David Haukos, PhD, Leader, Kansas Cooperative Fish and Wildlife Research Unit and advisor, Midland’s I-20 Playa Wildlife Preserve (The Rivers Studio, Master Planners)


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Birding Center Concept

bird and other wildlife habitat, our assumption is that chanc-es for approval are good.

Clay used to line the fish ponds should not constitute a barrier to the growth of new vegetation if it is broken up and mixed into the underlying soils by land grading equipment. Buried utilities and equipment would be removed in advance.

The numerous dikes of the Hatchery ponds need not be re-graded to the point at which the new land surface is en-tirely smooth. This would be unnecessarily costly and would not serve an essential purpose. A grading plan could ac-commodate a general leveling of the dikes and provide for a minimum number of new drainage swales. Some ponding of rainfall would not be adverse; it could provide for a seasonal marsh or meadow condition and thus contribute additional diversity to the restored prairie habitat.

Role of the Hatchery Grounds in San Angelo and the Central FlywayGiven the gradual disappearance of playas in Texas and oth-

er areas of their six-state region, a critical decline that is be-ginning to affect bird numbers along the West Branch of the Central Flyway, where San Angelo lies, the introduction of a new, albeit small, playa and associated restored native prai-rie at this location will serve valuably. The new playa, how-ever small, will be a positive measure in sustaining avian life and the chain of resting/feeding water bodies essential to fall and spring migrations, as well as in broadening eco-tourism and educational and scientific study opportunities.

Trail Head ConnectionsDuring the course of public input it became apparent that the archery club is a sizable and active user of the area around the lake. They are constrained by a number of factors but parking access to public bathrooms is of primary con-cern. Due to their relative proximity to the disc golf course and existing/potential trails an opportunity for collaboration became evident. Figure 63 shows a concept that acts as a catalytic project, perhaps on a smaller scale than some oth-er examples; nonetheless it could have great impact serving the utility of the adjacent users. The fluctuating nature of


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the surrounding uses does not necessitate separate parking lots when it makes sense to have shared parking that allow for space when it is needed. The city could play an active role in the creation of these types of trailheads where there are opportunities to support existing activities and foster new ones around the lake.

Zoning Regulatory Approach[This section will be updated after presentation to and feed-back from City Council]

The aggressive but realizable vision of complementary de-velopment at the lake as a part of the new lake Master Plan

delineated above will require significant changes to current zoning policy, process and regulations. As these needs are addressed, the following should be considered:

• Zoning policy should create one central point of admin-istration within the City for Lake Nasworthy, including the single family on ground leases, single family fee owned and new development. This will enable a more predictable outcome from the public’s perspective and more efficiencies from the government operations.

• A one size fits all for zoning regulations will not align with the unique nature of the different development opportunities around the lake. Accordingly a different

Potential Trailhead Illustrative Concept


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set of design and zoning standards should be crafted respectively for the Power Plant Site Area, the Mary Lee Park Area and the other emerging traditional single family areas.

• Zoning policy and updated zoning regulations should be coordinated with the update to the CIP plan and any new Project Plan for the proposed special district (e.g., TIRZ)

Regulatory Environmental Issues

Resource ManagementLake maintenance was mentioned above as an inevitable concern that must be addressed. Dredging, which at some level will be necessary for resource management, is subject to extensive federal and state regulatory oversight. In 2002, the city completed a two-year dredging project to remove 3.8 million cubic yards of sediment from the lake, increasing the lake’s capacity by about 2,500 acre-feet or some 800 million gallons. This project cost approximately $10 million and was funded with revenues from the 1999 section 4B one-half cent sales tax. Similar dredging actions are likely to be necessary to maintain water depths and lake capacity in the future. De-tails on the regulatory implications of lake maintenance are included in the implementation section of this report.

The U.S. Army Corps of Engineers regulates dredging prac-tices under Section 404 of the Clean Water Act. In gen-eral, section 404 requires that any municipality, person or business that proposes to place fill in or dredge material from the “waters of the United States” shall first obtain a section 404 dredge permit from the Corps. Lake Nasworthy falls within the scope of “waters of the United States “as a body of water more than 10 acres in size including contigu-ous wetlands and any flowing stream. A Corps section 404 permit will be required before any dredging or filling activity conducted in the lake or adjacent streams/waterways.

Section 404 establishes a broad program to regulate the discharge of dredged or fill material into waters of the Unit-ed States, including wetlands. Activities regulated under this program include dredging, fill for development, water resource projects (such as dams and levees), infrastruc-ture development (such as roads, highways, bridges, and airports), residential or commercial development, installa-tion of docks, piers, shoreline stabilization structures, and even mining projects. Section 404 requires a permit before dredged or fill material may be discharged into waters of the

United States, unless the activity is exempt from Section 404 regulation (e.g. certain farming and forestry activities). Some of the proposed improvements contemplated in this report will involve either dredging or filling of the lake bot-tom, thus triggering the Corps’s section 404 jurisdiction.

The basic premise of the section 404 program is that no discharge of dredged or fill material may be permitted if a practicable alternative exists that is less damaging to the aquatic environment or if the nation’s waters would be sig-nificantly degraded. To secure a permit, applicants must first show that steps have been taken to avoid impacts to wet-lands, streams and other aquatic resources; that potential impacts have been minimized; and that compensation will be provided for all remaining unavoidable impacts. This three-step assessment of duties is often referred to as the “wetland mitigation sequence.”

An individual permit is required for potentially significant im-pacts and should be anticipated if any lake dredging or sub-stantial fill is planned. Individual permits are reviewed by the U.S. Army Corps of Engineers, which evaluates applications under a public interest review, as well as the environmental criteria set forth in the Section 404(b)(1) Guidelines, a set of regulations promulgated by the EPA. However, for discharges that will have only minimal adverse effects, an individual per-mit may not be required; rather, a general permit may be suit-able. General permits are issued on a nationwide, regional, or state basis for particular categories of activities. The general permit process eliminates individual review and allows cer-tain activities to proceed with little or no delay, provided that the general or specific conditions for the general permit are met. For example, marina basin maintenance, short shoreline stabilization projects (less than 500 feet in length), minor road activities, utility line backfill, and bedding are examples of ac-tivities that can be considered under a general permit. Texas Commission on Environmental Quality (TCEQ) will also have a role in the 404 permit decisions through the section 401wa-ter-quality certification process.

As with the city’s 2002 dredging project, any large-scale fu-ture dredging of Lake Nasworthy can be expected to require an individual section 404 permit from the Corps. However, depending on the design, scope and scale of future dredg-ing projects, the city may be able to extend and/or amend the section 404 permit issued for the 2002-dredging proj-ect. Detailed technical feasibility and engineering studies


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of dredging options should be considered before permits to authorize future dredging projects actions are sought.

Shoreline Erosion and Storm Water ManagementIn 2012, EPA updated the National Lakes Assessment to help citizens and governments measure the health of the nation’s lakes, take actions to prevent pollution, and evalu-ate the effectiveness of protection and restoration efforts. (National Lakes Assessment: A Collaborative Survey of the Nation’s Lakes. EPA 841-R-09-001. U.S. Environmental Pro-tection Agency, Office of Water and Office of Research and Development, Washington, D.C.) The NLA is designed to estimate the percentage of lakes that are in good, fair, or poor condition, essentially a scientific report card on Amer-ica’s lakes. It examines the ecological, water quality, and recreational indicators, and assesses how widespread key stressors (such as nitrogen, phosphorus, and acidification) are across the country. While Lake Nasworthy was not in-cluded in the original 2007 NLA survey or the 2012 update, two key findings of the 2012 report are relevant to future de-cisions regarding Lake Nasworthy. First, 56% of the nation’s lakes are in good biological condition, with natural lakes generally in better condition than man-made lakes. Almost half of the nation’s lakes are in poor condition. Second, and more importantly, of the stressors included in the NLA, poor lakeshore habitat was cited as the single greatest threat to the nation’s lakes with more than one-third of the lakes exhibiting poor shoreline habitat condition. Poor biological health is three times more likely in lakes with poor lake-shore habitat. (See National Shoreline Assessment Report (2007), Executive Summary, Key Findings, pages ix and x).

Water LevelsState and local water planners work together to assess de-mand and ensure adequate water supplies through regional water planning groups. San Angelo lies within the Region F Water Planning Region, which includes 32 west Texas counties as well as Midland and Odessa. While surface wa-ter provides much of the municipal supplies in the region, groundwater provides the majority of the water utilized, drawn from four major and seven minor aquifers. The Twin Buttes/Lake Nasworthy complex is but one component of an integrated regional water management system. Specif-ic recommendations or actions to sustain Lake Nasworthy water levels are beyond the scope of this planning effort. Future efforts to evaluate and maintain Lake Nasworthy water levels - in addition to other water resources in west

Texas- are best addressed through and in coordination with the Region F Water Planning Group.

Roadways and UtilitiesThis master plan and action plan suggest the need for substan-tial investments in roadway and utility capacity. The follow-ing principles should be incorporated as specific infrastructure elements are prioritized, designed and paid for through public and public-private approaches as discussed above:

• TxDOT should be engaged proactively to enter into an MOU for the cooperative redesign of Knickerbocker Road to realize the potential of Mary Lee Park as a ho-tel-anchored mixed use destination. If deemed appro-priate, the funding would be based on the ability for all parties—state, city and private—to secure a benefit from their respective public and private perspectives in-cluding safety improvements and tax base growth.

• A multi-stakeholder process should be engaged after the adoption of this action plan to prioritize street improve-ments based on the prioritization of the proposed catalyt-ic projects delineated in this action plan. Once that prior-itization is undertaken, estimates of probable cost can be undertaken to understand the investment implications.

• Further discussion about utility needs and approaches needs to be undertaken with stakeholders in terms of the key catalytic projects. Until more detail for those specific projects are developed when those projects are initiated, utility needs and implementation cannot be assessed with any level of certainty,

Trails FundingThere are several potential federal funding or technical assis-tance programs to help implement the proposed trail network. The section of tail that runs along a former rail line could uti-lize resources available on the Rails to Trails Conservancy’s website (www.railstotrails.org). Other organizations include:

Recreational Trails Program (RTP) - Federal Highway AdministrationSince 1995, the Recreational Trails Program has helped con-struct more than 100 miles of trail. This program is man-aged by trail administrators in each state and only projects that meet certain criteria may be funded. These include the maintenance and restoration of existing trails, development or rehabilitation of trailside and trailhead facilities and linkages, acquisition of necessary easements, associated


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administrative costs, and new trails and educational pro-grams. At least 30 percent of all RTP funds must be used for non-motorized trails. Private organizations are eligible for funds under the RTP, although this depends on the particular policies of each state. The trail administrators for Texas are:

Trey Cooksey, State Parks Trails CoordinatorTexas Parks and Wildlife Dept4200 Smith School RoadAustin TX 78744-3291512-389-8743; [email protected]

Andrew Goldbloom, Program Admin512-389-8128; [email protected]

Land and Water Conservation Fund (LWCF)This 50/50 matching grant program is administered by state agencies in cooperation with the National Park Service. Program funds are intended for the acquisition and devel-opment of outdoor recreation areas; trails are one priority of this program. In particular, funds will “target projects that would enhance urban parks and community green spaces,” with a focus on “developing blueways and public access to water resources and conserving large landscapes.”

Rivers, Trails, and Conservation Assistance Program (RTCA)RTCA is a technical assistance arm of the National Park Ser-vice dedicated to helping local groups and communities pre-serve and develop open space, trails and greenways. RTCA is an important resource center for many trail builders in urban, rural and suburban areas. While RTCA does “not award mon-etary grants or loans,” the program “supplies a staff person with experience in community-based outdoor recreation and conservation to work with partners” on the ground.

This technical assistance could be especially helpful in plan-ning construction of the bridge across the Middle Concho, which is about 150 feet wide in the vicinity of the former rail line. An 8 ft. wide pedestrian-bike bridge could be built, po-tentially using the piers that remain from the old rail bridge. This option would need direction by the Parks and Recreation Department, an engineering study with hydrological and hy-draulic study input, and community feedback.

As mentioned earlier, constructing a trail along the former

trail line would also require that rights of access be ob-tained by the City or a nonprofit for the areas where the trail line crosses property that is not owned by the City. The 1.8 mile trail crosses property owned by the City of San Angelo, two private landowners and the U.S. Bureau of Outdoor Reclamation.

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DRAFTAppendix: Market Study

Comparable Lakes in West Texas

OC Fisher Lake/San Angelo State ParkCompleted in 1952, this lake was completed by the US Army Corps of Engineers for flood control on the North Concho River. Most of O.C. Fisher is leased to the Texas Parks & Wildlife Department and is known as San Angelo State Park and home to the Official Texas State Longhorn Herd. The park is opened 7 days a week throughout the entire year and has various daily entrance fees including: Adults for $4; Group-Adult for $2 each; with children 12 years and under are free. Annual passes are also available and include: Texas State Park Pass for $70 per year or Texas Parklands Passport that is free.

Activities include camping; picnicking; hiking, mountain bik-ing and horseback riding on multiuse trails; fishing; boating; a three-level orienteering course; and bird and wildlife ob-servation. The park has a hunting program with a State Park Annual Hunting Permit and special drawing hunts for deer and spring turkey.

The park has 50 miles of developed multiuse and divided trails for hiking, mountain biking and equestrian use. Visi-tors must provide their own horses. Equestrian camping is available in the North Concho Equestrian camp area. Pens and pole tethers are provided at the water/electric sites, and pole tethers are provided at the primitive sites. Water is located in the camp area and other locales throughout the park’s trail system. Equestrian events are held at the park throughout the year as well as rides offered through Rafter M Bar Trail Rides.

The park participates in the “Angler Education “Tackle Loan-er Program”. Individuals can rent rods, reels, and tackle box-es with hooks, sinkers, and bobbers.

Regular scheduled tours and requested tours for groups of 10 or more are available. Guests are taken to ancient Permian animal tracks and Indian petroglyphs. Other tours include nature tours, hikes, bison/longhorn tours, equestrian tours, historic and prehistoric tours, and stargazing parties.

Nearby attractions include Fort Concho, a restored historic fort; a historic shopping district on Concho Avenue; the Riv-erwalk; and the Cactus Hotel.

Twin Buttes ReservoirTwin Buttes Reservoir is located about 6 miles southwest of San Angelo and located immediately upstream from the Nasworthy Reservoir. This lake has approximately 9,800 wa-ter surface acres, 3,219 land acres, and 55 miles of shore-line. There are very limited recreational facilities around the reservoir. Camping is available but there are no developed campsites or hook-ups. Other activities include boating, fish-ing, and picnicking.

O.H. Ivie LakeLocated 55 miles east of San Angelo, O.H. Ivie Reservoir is found on the Colorado and Concho Rivers. It has three public recreation areas to camp, boat, fish, and picnic; Concho Rec-reation Area, Padgitt Recreation Area, and Kennedy Recre-ation Area that are open all year long. To enter any park there is a $5 entrance fee per vehicle per day or an annual vehicle pass can be purchased for $60 or $10 for senior citizens.

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Concho Recreation Area and Kennedy Recreation area both offer numerous amenities including restrooms, large park-ing areas, cleaning stations, courtesy docks, concrete boat ramps, weigh stations, picnic areas, and camping. They also have available live bait and boat gas for purchase.

Padgitt Recreation Area does not offer as much recreational activity but does have restrooms, parking, courtesy docks, concrete boat ramps, picnic areas, and camping.

Lake Brownwood/Lake Brownwood State Park Lake Brownwood, located within Lake Brownwood State Park, is open every day year round. Children 12 and under are free to enter the park while adults incur a $4 entrance fee. A Texas State Parks pass is available for $70 that al-lows guests to join members for unlimited visits. Busy sea-son for all facilities is during the summer and cabins and lodges stay busy on weekends and holidays.

The park has numerous recreational activities including hik-ing, camping, picnicking, water skiing, jet skiing, boating, fishing, swimming, bird watching, and nature study.

There is a 2.5 mile hiking trail along with a .5 mile nature trail. Motor boats and jet skis are allowed. The park does offer ranger programs that include a variety of educational opportunities, events, and tours.

Other fees include: Campsite fees ranging from $12 to $25 per night, Screened Shelter rental at $30 per night, Cabin and Lodge rentals range from $65 to $290 nightly, Group

Dining Hall rental for $80 per day, or Group Recreation Hall with Kitchen rents for $250 per day.

Cabins and Lodges offer numerous amenities that may in-clude a fireplace, picnic figures, outdoor grill, living areas with couches, water, electricity, microwave, stove with oven, figure and chairs, bathroom sink, toilet, and shower, A/C unit, central air, heat, refrigerator with freezer, coffee maker, ceiling fan, beds, and an outdoor patio.

Hords Creek Lake Located in Coleman, Texas, Hords Creek Lake is operated by the U.S. Army Corps of Engineers, Fort Worth District. They offer fishing, camping, boating, restricted hunting, along with supplying water to Coleman County and providing flood control in West Texas.

The Lake has three parks that offer numerous amenities. The first, Lakeside Park is located on the north side and has a variety of developed camping sites including 6 sites with screen shelters. Provided within the park are re-strooms, drinking water, sewage dump sites, boat ramps, fishing piers, fish cleaning stations, and a nature trail. Flat Rock Park, located on the south side, has over 55 developed campsites. Amenities among them include electric, sew-age, restrooms, single and double occupancy services. Also found there are sewage dump sites, boat ramps, fishing piers, and fish cleaning stations.

Developed campsites cost between $16 and $44 per night. Both sites have group shelters/camping available with max occupancy between 50 and 200 with fees ranging from $40



to $260. All enclosed shelters have a kitchen with ameni-ties that may include restrooms, electric range tops, sinks, counters, ceiling fans, and a fireplace. Outdoor amenities may include a volleyball court, covered patio, figures, park-ing lots, restrooms with showers, grills, and playground. The third park, Friendship Park, is for day-use picnickers only. Along with the beach there are shaded benches and numer-ous day-use facilities available for guests.

Along the lake there are four beaches designated for swim-ming only. Two are located at Lakeside Park, one at Flat Rock Park, and one at Friendship Park.

Proctor LakeOperated and owned by the US Army Corps of Engineers, Proc-tor Lake consists of numerous amenities including boating, fish-ing, camping, hiking, equestrian trails, swimming and hunting.

The lake has an 18-hole golf course and four federal parks of 250 acres each. Two parks, Copperas Creek and Sowell Creek Park are open year round and each have over 60 camp-sites containing amenities that include electricity, water, and sewer hookups. Cost per night ranges from $16 to $50. Both parks offer boat ramps, dump stations, group shelters, parking, and restrooms with showers. Copperas Creek also offers an amphitheater and houses one park office.

The third park, Promontory Park, is open during the warm season from April 1st through September 30th. There is a range of camping, including screened shelters, priced from $16 to $38 per night. Amenities include boat ramps, dump stations, group shelters, a swimming area, restrooms, show-

ers, and a second park office. Group shelters at the three parks cost $90 through $190 and boat ramp access is $4.

Lastly, High Point Park is only open to overnight camping with a special permit. There is walk in access for shoreline fishing and parking as well as 10 to 15 miles of developed equestrian and hiking trails. This park is open for day use only.

Two wildlife management areas, Sabanna River WMA and Upper Leon River WMA, are available for hunting with a permit during hunting season.

Lake EV SpenceDrought conditions have made public boat ramps unavail-able. Also, fish population has been severely damaged by chronic golden alga blooms. Required day pass is $5 per ve-hicle. Four of the areas are open and may contain restrooms, cleaning stations, live bait, parking, courtesy docks, weigh stations, picnic areas, and camping. Many amenities may not be valid since from drought conditions. *

Natural Dam Salt Lake The lake is usually dry but has a capacity of 28,000 acre-ft. The reservoir is used for flood control when needed.

Lake JB ThomasJ.B. Thomas Reservoir, located in Canyon, Texas, was built in 1952 and was one of the first and only lakes in West Tex-as. It now can be accesses with a day pass entrance fee of $5 per vehicle that covers all persons in the vehicle. Annual passes are available for $60 or $10 for senior citizens. Open all year long, this reservoir has 5 parks that include parking

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and a marina with boat ramps for public use, pavilions, fire pits, restrooms, fishing, picnic areas, and live bait. Two of the state parks also offer camping.

Lake Colorado City/ Lake Colorado City State ParkLake Colorado City State Park is open year round Thursday through Monday with an adult entrance fee at $4 per day, group adult fee at $2 per day, and children 12 and under are free. Busy season for this park is Easter weekend through Labor Day. This park features 500 acres of natural habi-tat and over 5 miles of shoreline which provide numerous activities for swimmers, skiers, jet-skiers, campers, hikers, boaters, fishers, and nature lovers.

Amenities included are restrooms and showers, dump sta-tions, picnic areas, a designated swimming area, parking, a boat ramp, fishing piers, and playgrounds.

Also, there are over 110 campsites with water and some with electricity that range from $15 to $22 per night as well as cabins for $55 per night, a group recreation hall with kitchen for $200 daily, and a group picnic pavilion for $40 daily. Kayaks with paddles and life vests are available for rent at the park.

Texas Boat Tours/Attractions

Lonestar Riverboat Tours:Located on Lake Lady Bird in Austin, Texas, this family owned operation consists of three boats that are used for public sightseeing tours and privately chartered events. The Little Star, capacity 34, and the Southern Star, capacity 60,

are eclectic pontoon cruisers that offer hour long scenic and bat watching tours from March through October. The tours cost $10 for adults, $8 for seniors, and $7 for children under twelve. The third boat of the fleet is the Lone Star, a dou-ble-decked, paddle-wheel riverboat. The 75’X16’ boat is the nations largest all electric powered paddle wheeler. With a capacity of 150 people, the Lone Star is used for a variety of private events and parties. A two hour charter of the boat will cost $18 a person, for groups of 30 to 80 people, and $16 a person for parties of 81 to 150. A third hour can be added for an additional $200 and catering can be included for an additional cost.

Austin Party CruisesAustin Party Cruises consists of three upscale pontoon cruisers that host year round charter cruises for birthdays, weddings, receptions, dinners, graduations, company par-ties, casino parties, and sightseeing tours to name a few. The excursions take place on Lake Austin and pass by some of Austin’s most popular sights and landmarks such as Mt. Bonnell, the Loop 360 arch bridge, the Austin Country Club, and the Westlake estates. The three boats hold up to 70 people inside and out on the deck with Celebration having seating for up to 65 inside, Jubilee 40 inside, and the Fes-tival having seating for 25 inside. Pricing varies based on the size of the group, the length of the cruise, catering & beverage options, and seasonable considerations.

Sunshine Machine Boat ToursLocated on Lake Austin at the Ski Shore Marina, the Sun-shine Machine is a pontoon cruiser that offers private char-ters for up to 30 people. The boat can be chartered for 1 to 6



hours for office parties, swimming parties, weddings, team building events, wildlife watching, and much more. An hour-long charter costs $150 an hour for up to 10 people with an additional $5 a person per hour for each guest over 10. Ca-tering is also available for any charter at an additional cost.

Vanishing River Cruises by Canyon of the EaglesVanishing River Cruises offer a variety of ecological cruises through Lake Buchanan and the Colorado River. Native Tex-as wildlife, waterfalls, bird watching, and bald eagle sight-ings are just a few of the sights offered. Tours are given on

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the Texas Eagle II, a double-decked boat with a capacity of 120 passengers. Cruises range from two hours for scenic and history cruises to four hours for the eagle watch cruises. The two-hour tours cost $20 for adults, $17.50 for seniors, and $12 for children. The eagle watching tours cost $42.45 for adults and $37.19 for children. Food can be added for an additional fee. Private charters are also available for a vari-ety of occasions including weddings, dinners, anniversaries, and corporate events.

Glass Bottom Boat ToursLocated at the Aquarena Center at Texas State University in San Marcos, the glass bottom boat tours have been in operation since 1946. The Center hosts more than 125,000 visitors annually and teaches about river resources, aquatic life, and the ecosystem of Spring Lake and the San Marcos River. The five glass boats in operation are a large part of these lessons allowing visitors to view the inhabitants in their natural habitat. Thirty-minute tours are offered year round and cost $9 for adults, $7.50 for seniors, and $6 for children 15 and under.

Dolphin Baywatch ToursLocated in historic Galveston Harbor, this family owned and operated business offers dolphin watching tours and private charters year round. The Baywatch 1 and the Baywatch Too, are both dolphin safe jet drive boats (no propeller) with a capacity of 38 passengers. Hour-long tours run year long and cost $10 for adults and $5 for children twelve and under. The boats are also available for private charter at the cost of $350 per 45 minutes. Catering can also be included for an additional cost.

Galveston Historical Foundation Harbor ToursDocking at the Texas Seaport Museum in Galveston Harbor, the Seagull II is a 50-foot twin-engine motor vessel built specifically for harbor sightseeing tours and education. In addition to touring the historic Galveston Harbor, tours take passengers out into Galveston Bay where dolphins and a variety of birds can be seen and explored. Hour long public tours cost $10 for adults and $8 for students eighteen and under. In addition to public tours the historical foundation also offers a variety of field trip options including ones on Harbor History, Environmental Science, Ornithology, and Marine Biology. Costs of these tours range from $8 to $16 a student. Private charters are also available for reservation through the Galveston Historical Foundation.

Colonel Paddlewheel Boat CruisesThe Colonel Paddlewheel Boat is an 800-passenger authen-tic replica of a 19th Century style Paddlewheeler. The boat offers hour-long tours of the Offatts Bayou year round at the cost of $11 for adults and $9 for seniors and children. The boat gives dinner cruises on the second Saturday of every month. For 65$ a person, diners are treated to a dinner buf-fet, nonstop dancing, and a cash bar. The boat also features two large party rooms with a dance floor and bar that can be rented out during the regularly scheduled tours.

Capt Kidd ChartersSailing on Galveston Bay, Capt Kidd is a 19th Century repli-ca, 55’ topsail schooner that can carry a maximum of 28 passengers. Two hour public tours are offered year long at the cost of $25 a person for daytime sails and $30 a person for evening sails. Special event tours are also offered, such as a 4th of July Firework cruise for $50 a person. Capt Kidd Charters also has a 44’ yacht named the Flying Pearl, that is available for private charters. Maximum number of pas-sengers is six and a two-hour charter costs $295. Additional time can be added at an hourly rate of $125 an hour.

Tranquil Sails & ServiceTranquility is 35’ yacht that offers private charters for up to 6 people on Grapevine Lake. Cruises offered include Romantic Cruises, Sunset Cruises, Wedding Cruises, Day Cruises, and a variety of special events. Two-hour charters cost $60 per person.

Whooping Crane Boat ToursThe Warf Cat is an 84-passenger boat that offers Whooping Crane tours through the Aransas National Wildlife Refuge from November through April. Local naturalists narrate the boat tours teaching passengers about the Whooping Cranes and other native wildlife. Tours depart for the wildlife refuge from two different locations, Port Aransas on Tuesdays and Rockport Harbor on Wednesdays through Sundays. The Port Aransas tours take around 90 minutes while the Rockport Harbor tours take 45 minutes to complete. Prices for all tours cost $50 for adults, $48 for seniors, and $25 for children.

Dolphin EncountersSailing in the surrounding bays and channels of Port Aran-sas, Kohootz is a 36’ catamaran with an upper and lower deck. With seating for up to 26 passengers, the Kohootz offers year round, 90-minute tours of the Intercostal Key


DRAFT

Islands of Port Aransas. The tour will feature dolphin sight-ing, native & migratory birds, the Lydia Ann Lighthouse, and narrated historical accounts throughout. These tours cost $25 for adults, $16 for children 4-12, and $8 for children 3 and under. The boat may also be chartered for a variety of private group theme cruises.

Rio San Antonio Cruises River Tour:Located on the San Antonio River along the River Walk, the Rio Cruises take visitors along the river through downtown San Antonio. Opened year round, these 35-minute cruises which depart every 15 minutes, cost $8.25 for adults, $2 for children under five, and $6 for Bexar County residents and se-niors. A tour guide narrates the to up to 40 passengers about the various locations located along the Riverwalk. In addition to the public tours, the Rio boats also offer a river taxi service that stops at 39 locations along the river walk for a one was cost of $5 or a 24-hour pass for $10. Private dinner cruises, cocktail cruises, and chartered tours are available to book at the cost of $100-$500 depending on the package.

Historical Brazos River ToursThe Brazos Belle is a paddle-wheeled replica of, Hiawatha, an 1880’s vessel that was operated by Captain Travis Smith for the Colombia Transportation Company. The boat, which has operated out of Belle’s landing since 2011, has a maxi-mum capacity of 49 passengers and offers various historical tours on the Brazos River. The 90-minute tour goes up and down the river with a stopover in historic East Columbia where buildings from the 1800s are explored. Tours cost $25 a person and run year round but there must be at least 20 passengers for the tour to take off. Longer trips to explore the 28-mile river, special events for bird watchers and con-servationists, and weddings can be arranged on a case by case basis for an additional cost.

Buffalo Bayou Boat ToursLocated on the Buffalo Bayou, the Spirit of the Bayou is a 21-person pontoon tour boat that travels through the heart of downtown Houston. 30-minute scenic and twilight tours take passengers past various historical and famous sites through-out the city. These tours are offered year round and cost $7 for adults and $5 for children 12 and under. Twice a month from June to October, 45-minute bat sighting tours are offered at the cost of $35 for adults and $25 for children. 90-minute pri-vate charters are also available year round at the cost of $300 to $420. Any of the listed tours can be suspended at anytime

if the waterways are closed due to Houston’s weather, such as if flooding or fast moving water occurs.

Southern Empress CruisesDocked out of the Sunset Harbor Resort on Lake Conroe, The Southern Empress is an authentic replica of a 1800s era sternwheeler riverboat. The Southern Empress 131’ long, 40’ wide and consists of three decks. The main deck serves as the ships primary dining room, casino, or wedding hall. The second deck is the ships entertainment center with a dance floor, bandstand, and bar. The third deck is a split- lev-el open deck that is used observing the lake, the surrounding nature, and sunsets. The boat offers a variety of three hour cocktail, lunch, and dinner cruises year round. A lunch cruise costs $40 for adults, $30 for children, and $35 for seniors. Wedding and corporate event cruises are also available for private bookings.

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Appendix: Market Study

3100 McKinnon Street, 7th FloorDallas, TX 75201

o. 817.348.9500 f. 214.451.1176

www.vialtagroup.com

City of San Angelo Finance Department



From: Morgan Chegwidden, Budget Manager


Contact: Morgan Chegwidden, Budget Manager, 653-6291

Caption: Regular Item

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








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.

MOTION: Consideration that the City Council moves 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

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








Discussion and possible action on matters related to the fiscal year 2013-2014 Budget to include:

a. Development Corporation Funds;

b. Stormwater Fund;

c. Wastewater transfers;

d. General capital projects, and;

e. Other items as needed.

Summary: As requested last meeting:

a. Today’s discussion serves to provide greater detail on the Development Corporation funds as requested by Council. This presentation includes budget information on both the Ballot and Economic Development funds. Detailed justification is attached for your reference.

b. Today’s discussion also serves to provide greater detail on the Stormwater fund as requested by Council. Detailed justification is attached for your reference.

c. Staff will present options on changing the Wastewater PILOT transfer.

d. We will discuss opportunities to fund general capital projects. The budget

was adopted with a total of $1,756,529. Council further moved to allocate $316,000 to Fairmount Cemetery improvements. Each year $250,000 is set aside for Fire truck replacement. That leaves $1,190,529 remaining available for allocation to other general capital projects. Eligible projects include street reconstruction, storm water quantity improvements, Fort Concho rehabilitations, and 19th street sidewalks, etc. A complete list of projects eligible for consideration is located in the 2013-2018 Capital Improvement Plan.

Fiscal Year 2014 Budget $1,756,529 Fairmount Cemetery (316,000) Fire truck (250,000) Remainder Available $1,190,529

e. And finally, staff can speak to other budget items the Council has need of discussing at this meeting.

History: Staff has discussed with Council during June, July, and August 2013 the budget priorities. On September 3, 2013 the City Council adopted the 2013-2014 budget ordinance. Financial Impact: None at this time. Related Vision Item (if applicable): Financial Vision. Other Information/Recommendation: For item “c” staff recommends option 1 as presented. For other items, N/A. Attachments: Development Corporation budget detailed justification Stormwater Fund budget detailed justification 2013-2018 Capital Improvement Plan Presentation: By Morgan Chegwidden Publication: None Reviewed by Director: Tina Bunnell, Finance Director, 657-4268

Account Description ExplanationEstimated2013-2014 Ballot Eco Dev

Revenue 313000 Income-Sales & Use Tax Sales Tax Receipts based on Finance Dept Estimate 7,955,015 5,727,611 $2,227,404

360000 Interest on Investments Interest based on 5/31/12 Receipts $9,000 $9,000

363101 Lease Income L-3 Income Lindberg Rent $80,000 $80,000

BRC - rental of conference room $500 $500

CVCED (Medhab-2009 W. Beauregard) $1 $1

BRC lease income $58,035 $58,035

Total Income $8,102,551 $5,727,611 $2,374,940

Expenses

410332 Admin-Software ExpenseCOSADC website- ED Suites - (host website - $900 & license $2,099 = 2,999) $5,399 $5,399Purchase new laptop for director - $1,400 (no monitor) + tower for Admin assistant $1,000

410520 Admin-Insurance COSADC board D & O insurance for Board of Directors = $12,133 $20,133 $20,133BRC building insurance 69 N. Chadbourne & CVCED building insurance 2009 W Beauregard (America First Insurance) = $8,000 $0

410530 Admin-Communication6 VoIP phones for Director,Dev Coord. & Eco Dev Coord.@ 100% = $3,500; long distance chrg = $100; Verizon landline @ 152 mo = $1,825 $5,425 $5,425

(we have 5 phones only)

CITY OF SAN ANGELO DEVELOPMENT CORPORATIONSCHEDULE OF REVENUES AND EXPENDITURES

FISCAL YEAR BEGINNING OCTOBER 1, 2013

( p y)

410531 Admin-CellularPurchase 3 new Iphones @ $200 ea (Dir., Dev Coord. & Eco Dev $200 ea. = $600 $2,670 $2,670

Cell usage $160 mo = $1,920 ; Overages for cell phone usage= $150 $0

410580Admin-Travel & Lodging

3 staff for TEDC, IEDC, Ports to Plains, High Ground trainings, Texas Downtown Association, Mexico and events $18,000 $18,000

410590 Admin-Training Board development: sales tax training, TEDC workshops, etc. = $3,500 $7,800 $7,800

Consultant travel expenses for in-house board training = $500 $0

Conference and training registration fees = $3,800 $0

410630 Admin-FoodCoffee for COSADC Board meetings@ $20 ea; lunches for workshop; water for meetings $800 $800

410610 Admin-Office Supplies Paper, pens, CDs, files, ED info folders, office machinery/repair, plaques, n $2,500 $2,500

Admin-copier COSADC copier $197.25 mo/$2367 + color copies $900 $3,267 $3,267

410550 Admin-Printing Letters, in-house marketing pieces, invitations, etc. $2,000 $2,000

410614 Admin - Postage Mail outs for regular mail. $200 $200410591 Admin-Professional Dues TEDC membersips for 3 staff @ $450 ea. = $ 1350 $1,985 $1,985

IEDC membership is $345 + $145 ea addtl staff (2) = $635 $0

411000 Bank Charges First Financial Bank Service Charges, Fees Etc, $180 $180

412000 Partner AffiliationsPorts to Plains-$56,047 City Membership + $250 COSADC Membership; TMCN-$5,592.00; $84,389 84,389 $84,389

Texas High Ground - $10,000

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Annual Appropriation Texas Tech Wind Center-$10,000 $0

$0

Chamber Luncheons 11 X $15 X 2 & 1 X $15 X 8 = $450

Business Expo $400 $0

Chamber Banquet $600 X 1.5 = $900 $0

NAACP Banquet $250 $0

Ports to Plains - Summit $5,000

Standard Time-20 Under 40 Event Sponsorship =$5,900

420000 Industrial Park Ops & Maint $0

420521 Ind Park-Insurance Property general liability- Sam Tambunga Insurance Agency $900 $900

420411 Ind Park-Water/Sewer Utilities 3 COSA water meter fees @ $19/month $685 $685

420413 Ind Park-Electricity WTU meter fee @ $25. mo $300 $300

Contract Services Industrial Park Platting / Surveying $10,000 $10,000

420430 Ind Park-General Maint Current mowing contract 3x yr $3,000 $3,000

430000 05,08,11 Tax / Rev C.O. Debt Service Principal $1,405,000 1,405,000

430000 05,08,11 Tax / Rev C.O. Debt Service Interest $1,157,207 1,157,207

Water Debt Service Hickory Aquifer Water Supply $1,500,000 1,500,000

440000 Chamber Contract Chamber Economic Development Contract ($18,750 mo) $225,000 $225,000

440200 BREP Budget Printing Support Brochures $5000 $17,500 $17,500

Postage & Shipping $500

Ad Agency Project Fee $2500

Special Projects $3000

Media Advertising $5000

Direct Mail Programs $1500

440300 ASA/BRC Design Request Ad Agency Project Fee $2500 $5,000 $5,000

Internet Media Desing/Launch $2,500

440100 Downtown San Angelo Downtown economic development services contract $75,000 $75,000

440200 Annual CVCED Contract Grant $5,000 $5,000

415310 City Services Staff Service Contract - Dev Corp staff-$286,109; Finance -$29,000; $355,452 88,863 $266,589Legal-$15,000;Audit-$8,000; & City Manager Office-$17,343 $0(COSA staff: Dir. $95,000, Analyst. $65,000, Eco Dev.$55,000 100%) No admin assistant. (75% / 25% split Ballot & Eco Dev) $0

432000 Outside Legal Services Contract services-outside legal $5,000 $5,000

Performance Agreement Outside Audit $5,000 $5,000

415331 Annual Report Design and printing of annual report $1,000 $1,000

445000 $0

451101 Project-Affordable Housing Annual Ballot amount $335,000 335,000 $0

451102 Project-Sports Facility Maint Pay-As-You-Go with Annually COL Adjustment of 2% $263,623 263,623 $0

451103 Texas Bank Sports Complex Annual Appropriation $50,000 $50,000

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452101 CVCED Expenses Costs based on current CVCED operations $59,640 $59,640

2009 W. Beauregard National Business Incubator Association dues, $525 $0

Mileage, $250; Office Supplies - $500 $0NewQuest - Yrly subscription for Trend Micro Worry antivirus for CVCED computer = $102 + service call for clients $500 $0

Mediajaw-host & email for CVCED $22 mo = $264

Suddenlink - phone& internet $335 mo.=$4,020

Toner for copier $175.50 ea x 6 = $1,053 $0Intern student from ASU (self contracted) $7.50 = $13,650 ; Mr. Insurance - directors & officers liability policy = $1,341; & CVCED Business Plan = $25,000

Yard Maint, Bldg Maint, Pest Control, Bldg Repair $12,000

Oiver, Rainey & Wojtek, LLP (prepare tax return) = $435;

450000 BRC Expenses COSADC M&O Contribution $39,700 $39,700

Utilities: Water & Sewer- $80 mo = $960; Atmos Energy (Gas) winter 6 mo @ $300 = $1,800 & summer 6 mo @ $150 = $900 totaling $2,700; Direct Energy - $1,000 mo = 12,000; Republic Serv - $40 mo. = $480 Grand total in utilities $16,140 $0

Repairs & maintenance for building, $12,000 $0

Security Monitor annual- $2,070 $0

Janitorial services -$7,550 yrly; Janitorial supplies - $750 $0

Water delivery serv. (3-5 gal of water @ $5.95 ea + 1.25 surcharge) Annual $480 & rental of water cooler ($9.50 mo.) annual $114 $0

Pest control for BRC = 236.00 & 2009 W. Beauregard $360

Subtotal $5,673,755 4,834,082 $924,062

452900 Future Projects $2,428,796 $893,529 $1,450,878

Total COSA-DC Expenditures $8,102,551 $5,727,611 $2,374,940

Revenue Over/(Under) Expenditures 0 0 0

Remaining Budget

Economic Development Incentives452115 Blue Cross Blue Shield . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 259,827452112 Martifer-Hirschfeld . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 263,932

MyMail* 0MultiChem* 0

452120 Smith Blvd* Approved by Council 08-06-13 512,900452121 MedHab 796,250

Project

2012-2013 FUND BALANCE DESIGNATED FOR EXISTING PROJECTS

DRAFT Page 3 of 4




452122 Ethicon * . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 300,000

2,132,909

451200 Affordable Housing 490,270451202 Project Blackshear Boundary (project is complete-transferring remaining to Affordable Housing) 0

* Need Budget Amemdment

Estimated Balance of Existing Projects 2,623,179

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C O R R E C T E D B E N C H 5 - 7 - 1 3 L B 1 4 5 -

3 8 , 8 2 7

2 4 0 - 5 8 0 0 - 4 3 9 . 0 3 - 2 0 P R O F E S S I O N A L S E R V I C E S 9 5 , 8 2 0 9 2 , 9 7 2 1 1 4 , 1 0 0 7 6 , 4 0 2 1 1 4 , 1 0 0 2 1 , 1 2 8


0 4 0 5 U C R A C O N T R A C T 9 2 , 9 7 2

5 / 2 3 / 1 3 L B I N C R T O B A L A N C E B U D G E T 2 1 , 1 2 8

1 1 4 , 1 0 0

2 4 0 - 5 8 0 0 - 4 3 9 . 0 3 - 2 1 A U D I T I N G F E E S 0 0 0 0 0 0

2 4 0 - 5 8 0 0 - 4 3 9 . 0 3 - 3 2 S O F T W A R E M A I N T E N A N C E 4 , 4 9 3 3 , 5 0 0 5 , 5 0 0 5 , 4 5 0 3 , 5 0 0 0


0 4 0 5 E S R I - A R C E D I T O R L I C E N S E - S E C O N D A R Y / M A I N T A I N A N C E / 3 , 5 0 0

T E C H S U P P O R T ( G I S S T O R M W A T E R )

E S R I S P A T I A L A N A L Y S T E X T E N S I O N A N N U A L M A I N T E N A N C E

( G I S S T O R M W A T E R )

A U T O C A D A N N U A L M A I N T E N A N C E

3 , 5 0 0

2 4 0 - 5 8 0 0 - 4 3 9 . 0 3 - 3 3 C O M P U T E R M A I N T E N A N C E 0 1 , 0 0 0 1 , 0 0 0 0 1 , 0 0 0 0


0 4 0 5 M E M O R Y U P G R A D E , N E T W O R K C A B L E S , 1 , 0 0 0

1 , 0 0 0

2 4 0 - 5 8 0 0 - 4 3 9 . 0 3 - 4 0 T E C H N I C A L S E R V I C E S 1 1 , 2 7 8 2 0 , 0 0 0 2 0 , 0 0 0 5 , 6 6 3 2 0 , 0 0 0 0


0 4 0 5 L A B S A M P L E A N A L Y S I S A F T E R E A C H R A I N E V E N T 2 0 , 0 0 0

2 0 , 0 0 0

2 4 0 - 5 8 0 0 - 4 3 9 . 0 3 - 5 0 S P E C I A L S E R V I C E S 1 , 1 0 9 1 0 , 0 0 0 1 0 , 0 0 0 3 4 7 5 , 0 0 0 5 , 0 0 0 -


0 4 0 5 C O N T R A C T C L E A N I N G , C O N T R A C T T V I N S P E C T I O N , 1 0 , 0 0 0

E D U C A T I O N A N D S T O R M W A T E R P E R M I T F E E S

5 / 2 3 / 1 3 L B D E C R T O B A L B U D G E T 5 , 0 0 0 -

5 , 0 0 0

2 4 0 - 5 8 0 0 - 4 3 9 . 0 4 - 1 1 W A T E R / S E W E R U T I L I T I E S 5 , 3 4 6 1 0 , 0 0 0 1 0 , 0 0 0 6 , 6 7 2 1 0 , 0 0 0 0


0 4 0 5 W A T E R A N D S E W E R U T I L I T Y B I L L S , W A T E R B I L L S F O R 1 0 , 0 0 0



2 0 1 2 - 2 0 1 3 I N C / ( D E C ) O F

2 0 1 1 - 2 0 1 2 2 0 1 2 - 2 0 1 3 R E V I S E D 2 0 1 2 - 2 0 1 3 2 0 1 3 - 1 4 1 2 - 1 3 O R I G &






S W E E P E R W A T E R C O N S U M P T I O N

W A T E R F E E S F O R S W E E P E R W A S H D O W N S T A T I O N

1 0 , 0 0 0

2 4 0 - 5 8 0 0 - 4 3 9 . 0 4 - 1 3 E L E C T R I C I T Y 3 , 2 2 7 3 , 0 0 0 3 , 0 0 0 3 , 0 3 3 3 , 0 0 0 0


0 4 0 5 P A R T I A L P A Y M E N T O F E L E C T R I C I T Y P A Y M E N T 3 , 0 0 0

3 , 0 0 0

2 4 0 - 5 8 0 0 - 4 3 9 . 0 4 - 2 3 C U S T O D I A L 9 0 6 1 , 0 0 0 1 , 0 0 0 1 8 3 1 , 0 0 0 0


0 4 0 5 C U S T O D I A L S U P P L I E S F O R R E S T R O O M S A N D B U I L D I N G 1 , 0 0 0

M O P S , B R O O M S , C A N L I N E R S , P A P E R T O W E L S , T O I L E T T I S S U E

1 , 0 0 0

2 4 0 - 5 8 0 0 - 4 3 9 . 0 4 - 3 0 G E N E R A L M A I N T E N A N C E 0 0 0 0 0 0

2 4 0 - 5 8 0 0 - 4 3 9 . 0 4 - 3 1 B L D G . & G R O U N D S M A I N T . 0 0 0 0 0 0

2 4 0 - 5 8 0 0 - 4 3 9 . 0 4 - 3 2 E Q U I P M E N T M A I N T E N A N C E 4 9 9 1 , 0 0 0 1 , 0 0 0 3 5 7 1 , 0 0 0 0


0 4 0 5 H P P L O T T E R , O C E S C A N N E R , P R I N T E R , G P S U N I T , C O M P U T E R 1 , 0 0 0

P A R T S , A N D S E R V I C E S S P L I T B E T W E E N E N G I N E E R A N D

G I S A N A L Y S T

1 , 0 0 0

2 4 0 - 5 8 0 0 - 4 3 9 . 0 4 - 3 3 V E H I C L E M A I N T E N A N C E 8 2 , 3 6 2 1 0 0 , 0 0 0 1 0 0 , 0 0 0 7 6 , 1 3 7 1 0 0 , 0 0 0 0


0 4 0 5 S H O P C H A R G E S F O R 5 S W E E P E R S , 5 M O W I N G T R A C T O R S , 1 0 0 , 0 0 0

1 B A C K H O E , 2 E X M A R K M O W E R S , 2 1 2 Y A R D D U M P T R U C K ,

1 W H E E L L O A D E R , 1 S K I D S T E E R L O A D E R A N D T R A I L E R ,

1 E X M A R K T R A I L E R , 9 P I C K U P S , 1 B R U S H C H I P P E R ,

6 Y A R D D U M P T R U C K , 3 B A T W I N G S H R E D D E R S , 4 - 6 F T

S H R E D D E R S , 1 H E R B I C I D E S P R A Y U N I T , B O B C A T S H R E D D E R ,

1 P O N T O O N B O A T , 2 F L A T B O T T O M B O A T S

1 0 0 , 0 0 0

2 4 0 - 5 8 0 0 - 4 3 9 . 0 4 - 3 4 S T A T I O N A R Y E Q U I P . M A I N T . 0 0 0 0 0 0

2 4 0 - 5 8 0 0 - 4 3 9 . 0 4 - 3 5 S Y S T E M M A I N T E N A N C E 1 6 , 7 7 4 3 0 , 0 0 0 4 0 , 0 0 0 2 9 , 5 1 5 5 0 , 0 0 0 2 0 , 0 0 0


0 4 0 5 C O N C R E T E , R E B A R , P A T C H I N G M A T E R I A L , L I M E S T O N E , P A I N T 5 0 , 0 0 0

P V C P I P E , C O R R G A T E D P I P E , S T E E L P I P E , G R O U T

L U M B E R F O R F O R M S , S T O R M D R A I N G R A T E S , R I P R A P

E R O S I O N B L A N K E T S , E R O S I O N R O L L S , S T A P L E S

5 0 , 0 0 0

2 4 0 - 5 8 0 0 - 4 3 9 . 0 4 - 4 2 R E N T O F E Q U I P M E N T 2 , 8 7 2 1 0 , 0 0 0 1 0 , 0 0 0 4 , 2 2 4 1 0 , 0 0 0 0



2 0 1 2 - 2 0 1 3 I N C / ( D E C ) O F

2 0 1 1 - 2 0 1 2 2 0 1 2 - 2 0 1 3 R E V I S E D 2 0 1 2 - 2 0 1 3 2 0 1 3 - 1 4 1 2 - 1 3 O R I G &







0 4 0 5 R E N T A L O F S P E C I A L I Z E D E Q U I P M E N T S U C H A S G R A D A L L , 1 0 , 0 0 0

V A C - C O N F O R C O N T R A C T C L E A N I N G ,

K Y O C E R A C O L O R C O P I E R L E A S E

1 0 , 0 0 0

2 4 0 - 5 8 0 0 - 4 3 9 . 0 5 - 2 0 I N S U R A N C E - C A T A S T R O P H E 0 0 0 0 0 0

2 4 0 - 5 8 0 0 - 4 3 9 . 0 5 - 2 1 I N S U R A N C E - L I A B I L I T Y 0 0 0 0 0 0

2 4 0 - 5 8 0 0 - 4 3 9 . 0 5 - 3 0 C O M M U N I C A T I O N 2 , 8 1 0 4 , 0 0 0 4 , 0 0 0 1 , 8 6 1 4 , 0 0 0 0


0 4 0 5 V O I C E O V E R I P P H O N E S F O R S T O R M W A T E R S U P E R I N T E N D E N T 4 , 0 0 0

E N G I N E E R , G I S A N A L Y S T , S U P E R V I S O R A N D S W I N S P E C T O R

I N T E R N E T C O N N E C T I O N S E R V I C E

4 , 0 0 0

2 4 0 - 5 8 0 0 - 4 3 9 . 0 5 - 3 1 C E L L U L A R P H O N E 4 , 0 5 2 5 , 0 0 0 5 , 0 0 0 3 , 8 0 9 5 , 0 0 0 0


0 4 0 5 C E L L P H O N E C H A R G E S F O R S T O R M W A T E R S U P E R I N T E N D E N T , 5 , 0 0 0

E N G I N E E R , S W I N S P E C T O R A N D G I S A N A L Y S T

2 C R E W L E A D E R S

5 , 0 0 0

2 4 0 - 5 8 0 0 - 4 3 9 . 0 5 - 4 0 A D V E R T I S I N G 1 4 , 4 9 4 2 0 , 0 0 0 2 0 , 0 0 0 1 2 , 9 0 9 2 0 , 0 0 0 0


0 4 0 5 L A M A R B I L L B O A R D S , S T A N D A R D T I M E S , F A M I L Y M A G A Z I N E , 2 0 , 0 0 0

C O N E X I O N H I S P A N A ,

2 0 , 0 0 0

2 4 0 - 5 8 0 0 - 4 3 9 . 0 5 - 5 0 P R I N T I N G & C O P Y I N G 3 3 2 5 0 2 5 0 1 2 5 0 0


0 4 0 5 B U S I N E S S C A R D S , M A P P R O D U C T I O N C O S T S , K Y O C E R A 2 5 0

C O P I E S , P O S T E R S , B O O K M A R K S , B R O C H U R E S ,

O T H E R / D E S I G N

2 5 0

2 4 0 - 5 8 0 0 - 4 3 9 . 0 5 - 8 0 T R A V E L & L O D G I N G 7 , 3 6 1 7 , 5 0 0 7 , 5 0 0 1 , 9 2 3 7 , 5 0 0 0


0 4 0 5 T R A V E L E X P E N S E S F O R S T O R M W A T E R S U P E R I N T E N D E N T , C I T Y 7 , 5 0 0

E N G I N E E R , S T O R M W A T E R E N G I N E E R , A N D G I S A N A L Y S T , T O

A N N U A L E P A R E G I O N A L S T O R M W A T E R C O N F E R E N C E .

T R A V E L E X P E N S E S T O N A T I O N A L E S R I C O N F E R E N C E I N

S A N D I E G O F O K R G I S A N A L Y S T .

T R A V E L E X P E N S E S T O E S R I T R A I N I N G I N S A N A N T O N I O

F O R G I S A N A L Y S T



2 0 1 2 - 2 0 1 3 I N C / ( D E C ) O F

2 0 1 1 - 2 0 1 2 2 0 1 2 - 2 0 1 3 R E V I S E D 2 0 1 2 - 2 0 1 3 2 0 1 3 - 1 4 1 2 - 1 3 O R I G &






7 , 5 0 0

2 4 0 - 5 8 0 0 - 4 3 9 . 0 5 - 8 1 M I L E A G E 0 1 , 0 0 0 1 , 0 0 0 0 1 , 0 0 0 0


0 4 0 5 R E I M B U R S E M E N T F O R M I L E A G E T O G I S A N A L Y S T F O R F I E L D 1 , 0 0 0

W O R K , M I L E A G E T O A N D F R O M C O N F E R E N C E S A N D S C H O O L S

1 , 0 0 0

2 4 0 - 5 8 0 0 - 4 3 9 . 0 5 - 9 0 C O N V E N T I O N S & S C H O O L S 3 , 6 3 7 7 , 5 0 0 7 , 5 0 0 5 0 0 7 , 5 0 0 0


0 4 0 5 E S R I I N S T R U C T O R L E A D T R A I N I N G F E E S 7 , 5 0 0

A N N U A L E P A R E G I O N A L S T O R M W A T E R C O N F E R E N C E

R E G I S T R A T I O N C I T Y E N G I N E E R A N D S T O R M W A T E R E N G I N E E R

G I S A N A L Y S T , A N D S T O R M W A T E R S U P E R I N T E N D E N T

C O N T I N U I N G E D U C A T I O N T R A I N I N G F O R C O N T I N U I N G

E D U C A T I O N C R E D I T S F O R P R O F E S S I O N A L E N G I N E E R

( S T O R M W A T E R E N G I N E E R )

C A R T I G R A P H U P D A T E S A N D M A I N T E N A N C E

W A T E R A N D W A S T E W A T E R C E U C O U R S E S

7 , 5 0 0

2 4 0 - 5 8 0 0 - 4 3 9 . 0 5 - 9 1 P R O F . D U E S & S U B S C R I P T I O N S 2 4 7 5 0 0 5 0 0 7 5 5 0 0 0


0 4 0 5 P R O F E S S I O N A L E N G I N E E R L I C E N S E Y E A R L Y R E N E W A L 5 0 0

W A T E R A N D W A S T E W A T E R L I C E N S E R E N E W A L F O R

S T O R M W A T E R S U P E R I N T E N D E N T

5 0 0

2 4 0 - 5 8 0 0 - 4 3 9 . 0 6 - 1 0 O F F I C E S U P P L I E S 1 , 6 6 5 2 , 0 0 0 2 , 0 0 0 8 4 2 2 , 0 0 0 0


0 4 0 5 P E N S , N O T E P A D S , F O L D E R S , P A P E R C L I P S , F O A M B O A R D , 2 , 0 0 0

C U T T E R S , C O P Y P A P E R F O R K Y O C E R A , N O T E B O O K S ,

T A B L E T S .

2 , 0 0 0

2 4 0 - 5 8 0 0 - 4 3 9 . 0 6 - 1 1 F O R M S 0 0 0 0 0 0

2 4 0 - 5 8 0 0 - 4 3 9 . 0 6 - 1 2 M I N O R A P P A R A T U S & T O O L S 2 7 , 8 2 3 3 0 , 0 0 0 1 3 , 0 0 0 4 , 7 3 6 2 0 , 0 0 0 1 0 , 0 0 0 -


0 4 0 5 W E E D E A T E R S , S H O V E L S , 3 0 , 0 0 0

C H A I N S A W S , P O L E S A W S , R A K E S , B R O O M S , W A T E R C A N S ,

F U E L C A N S , C H A I N S ,

5 / 2 3 / 1 3 L B D E C R T O B A L B U D G E T 1 0 , 0 0 0 -

2 0 , 0 0 0

2 4 0 - 5 8 0 0 - 4 3 9 . 0 6 - 1 3 U N I F O R M S 1 , 5 6 7 6 , 5 0 0 6 , 5 0 0 3 , 2 4 3 6 , 5 0 0 0



2 0 1 2 - 2 0 1 3 I N C / ( D E C ) O F

2 0 1 1 - 2 0 1 2 2 0 1 2 - 2 0 1 3 R E V I S E D 2 0 1 2 - 2 0 1 3 2 0 1 3 - 1 4 1 2 - 1 3 O R I G &







0 4 0 5 U N I F O R M S F O R 2 1 S T O R M W A T E R E M P L O Y E E S 6 , 5 0 0

6 , 5 0 0

2 4 0 - 5 8 0 0 - 4 3 9 . 0 6 - 1 4 P O S T A G E & S H I P P I N G 5 2 1 0 0 1 0 0 3 5 1 0 0 0


0 4 0 5 E D U C A T I O N M A I L O U T S 1 0 0

1 0 0

2 4 0 - 5 8 0 0 - 4 3 9 . 0 6 - 1 6 G E N E R A L S U P P L I E S 4 , 9 7 5 5 , 0 0 0 1 0 , 0 0 0 1 , 1 8 4 5 , 0 0 0 0


0 4 0 5 S U R V E Y S T A K E S , F L A G G I N G , K E Y S , W E E D E A T E R H E A D S 5 , 0 0 0

W E E D E A T E R S T R I N G , R A G S , C H A I N S A W C H A I N S

R E P A I R S O N L A W N E Q U I P M E N T

5 , 0 0 0

2 4 0 - 5 8 0 0 - 4 3 9 . 0 6 - 1 7 C O M P U T E R S U P P L I E S 1 5 5 2 , 5 0 0 0 0 1 , 0 0 0 1 , 5 0 0 -


0 4 0 5 P L O T T E R C A R T R I D G E / P R I N T H E A D S , P L O T T E R I N K J E T B O N D 1 , 0 0 0

R O L L P A P E R , P L O T T E R P H O T O G R A P H I C R O L L P A P E R ,

K Y O C E R A T O N E R

1 , 0 0 0

2 4 0 - 5 8 0 0 - 4 3 9 . 0 6 - 1 8 S A F E T Y S U P P L I E S 9 , 8 4 4 1 0 , 0 0 0 1 0 , 0 0 0 4 , 0 9 9 1 0 , 0 0 0 0


0 4 0 5 C O N E S , B A R R E L S , H A R D H A T S , R U B B E R B O O T S , S A F E T Y 1 0 , 0 0 0

G L A S S E S , R U B B E R G L O V E S , L E A T H E R G L O V E S

1 0 , 0 0 0

2 4 0 - 5 8 0 0 - 4 3 9 . 0 6 - 2 6 G A S O L I N E 1 0 1 , 6 2 4 1 0 0 , 0 0 0 1 0 0 , 0 0 0 7 5 , 5 6 3 1 0 0 , 0 0 0 0


0 4 0 5 F U E L F O R F L E E T 1 0 0 , 0 0 0

1 0 0 , 0 0 0

2 4 0 - 5 8 0 0 - 4 3 9 . 0 6 - 5 0 C H E M I C A L & M E D I C A L 4 , 6 7 7 1 0 , 0 0 0 1 0 , 0 0 0 1 , 0 6 7 5 , 0 0 0 5 , 0 0 0 -


0 4 0 5 H E R B I C I D E 1 0 , 0 0 0

5 / 2 3 / 1 3 L B D E C R T O B A L A N C E B U D G E T 5 , 0 0 0 -

5 , 0 0 0

2 4 0 - 5 8 0 0 - 4 3 9 . 0 8 - 3 1 B I L L I N G C H A R G E 0 0 0 0 0 0

2 4 0 - 5 8 0 0 - 4 3 9 . 0 8 - 6 0 F R A N C H I S E F E E 0 0 0 0 0 0

2 4 0 - 5 8 0 0 - 4 3 9 . 0 8 - 9 0 A D M I N S E R V I C E S T R A N S F E R 0 1 3 2 , 6 3 6 1 3 2 , 6 3 6 1 1 0 , 5 3 0 1 3 2 , 6 3 6 0

City of San Angelo

Human Resources

Memo To: All Fire Suppression Employees

From: Lisa E. Marley, Director of HR & Risk Management

Date: September 17, 2013

Re: FY 2013/2014 Holiday Schedule

The eleven official holidays for fire suppression employees (as defined by state law) in FY 2013/14 are as follows:

Veteran’s Day – Monday, November 11, 2013

Thanksgiving – Thursday and Friday, November 28 and 22, 2013

Christmas Eve & Christmas Day – Tuesday and Wednesday, December 24 and 25, 2013

New Year’s Day – Wednesday, January 1, 2014

Good Friday – Friday, April 18, 2014

Memorial Day – Monday, May 26, 2014

Independence Day – Friday, July 4, 2014

Labor Day – Monday, September 1, 2014

September 11th Day – Thursday, September 11, 2014


City of San Angelo



From: Lisa Marley, Human Resources Director



Consideration and approval of the holiday schedule for FY 2013/14 and any action in connection thereto.

_________________________________________________________________________________

Summary: Discuss the proposed holiday schedule for FY 2013/14. History: According to approved policy, the City of San Angelo celebrates eleven (11) paid holidays per calendar year. In November of each year, a list would be created for the following calendar year and disseminated to employees. Occasionally during the holiday season, Tom Green County would add holidays to their list when holidays were adjacent to a weekend. City staff would then ask Council for approval to match the City holidays with Tom Green County. In order to prevent this last minute request for additional holidays, Daniel Valenzuela, City Manager, has asked that holidays be considered and listed on a fiscal year basis, and the list be created in conjunction with the annual budget. Therefore, the list for fiscal year 2013/14 is being presented for consideration. One other item of history is in 2010, the State of Texas required employers to authorize September 11 as a holiday for fire suppression personnel. The City of San Angelo Fire Department elected to delete the Martin Luther King, Jr holiday and insert September 11. Therefore there are two lists of holidays for employees: one for non-fire suppression personnel and one for fire suppression personnel. In future years, this agenda item will be a consent agenda item if no changes are being requested to the list from the previous year. Financial Impact: No additional holidays are being requested. Attachments: 1) Non-fire suppression holiday list FY 2013/14 2) Fire suppression holiday list FY 2013/14 Reviewed by Department Director: Lisa Marley, Human Resources Director, Sept 11, 2013.

City of San Angelo

Human Resources

Memo To: All City Employees (Excluding Fire Suppression Personnel) From: Lisa E. Marley, Director of HR & Risk Management Date: September 17, 2013

Re: FY 2013/2014 Holiday Schedule

The eleven official holidays to be observed for non-Firefighters in FY 2013/14 are as follows: Veteran’s Day – Monday, November 11, 2013 Thanksgiving – Thursday and Friday, November 28 and 29, 2013

Christmas Eve & Christmas Day – Tuesday and Wednesday, December 24 and 25, 2013 New Year’s Day – Wednesday, January 1, 2014 Martin Luther King Day – Monday, January 20, 2014 Good Friday – Friday, April 18, 2014 Memorial Day – Monday, May 26, 2014 Independence Day – Friday, July 4, 2014 Labor Day – Monday, September 1, 2014

City of San Angelo Office of the City Clerk



From: Alicia Ramirez, City Clerk


Contact: Alicia Ramirez, City Clerk, 657-4405


Consideration of nominating candidates to serve on and adopting a Resolution nominating those candidates for the Board of Directors of the Tom Green County Appraisal District for the 2014-2015 Term

Summary: The nomination and appointment process is set out in Section 6.03 of the State Property Tax Code. Appraisal district board members serve 2-year terms. The current terms of the five board members expire on December 31, 2013. The Council may nominate one candidate for each of the five positions. Per Mr. Benson, TGC Appraisal District Chief Appraiser, all five of the current Directors have expressed their willingness to serve another term if elected. Current members of the Board of Directors are as follows:

John Begnaud John Conn Russell DeVore Louis Gomez Bob Reeves

Nominee names must be submitted to the TGC Chief Appraiser, by resolution, no later than October 15th therefore, the nominees should be made no later than the October 1st meeting. Eligibility requirements for serving on the appraisal district board of directors are outlined in Section 6.03(a), 6.035(a)(b), 6.036 and 6.05(f) and are briefly described as follows:

(1) An individual must be a resident of the appraisal district and must have resided in the district for at least two (2) years immediately preceding the date of taking office (Section 6.03(a)). The appraisal district encompasses all of Tom Green County.

Financial Impact: None. Other Information/Recommendation: Letter dated September 6th from the Chief Appraiser provides additional information. A historical summary of the City Council nomination process is also included with this cover memo. Attachments: Resolution

RESOLUTION THE CITY COUNCIL OF THE CITY OF SAN ANGELO, TEXAS, NOMINATING CANDIDATE(S) ELIGIBLE FOR A POSITION ON THE BOARD OF DIRECTORS OF THE TOM GREEN COUNTY APPRAISAL DISTRICT FOR THE 2014 THROUGH 2015 TERM OF OFFICE

WHEREAS, Section 6.03, Property Tax Code, State of Texas, allows a municipality that is a taxing unit in an appraisal district to nominate one candidate for each of the five positions to be filled on the board of directors of the Tom Green County Appraisal District; and WHEREAS, the City of San Angelo is a taxing unit of the Tom Green County Appraisal District; and WHEREAS, the City Council as governing body of the City of San Angelo desires to exercise its right to nominate one candidate for each of the five positions to be filled on the board of directors of the Tom Green County Appraisal District for the two year term of office commencing January 1, 2014, through December 31, 2015; NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of San Angelo, Texas: Section 1. That the facts and recitations set forth in the preamble of this resolution be, and they are hereby, adopted, ratified, and confirmed. Section 2. That the following eligible individuals be, and are hereby, nominated as candidate(s) for positions on the board of directors of the Tom Green County Appraisal District for a two year term of office commencing January 1, 2014 through December 31, 2015, to be filled by vote of the taxing units participating in the Tom Green County Appraisal District:

1. 2. 3. 4. 5.

Section 3. That the Mayor for the City of San Angelo, as presiding officer, be, and that he is hereby, authorized and directed to deliver or cause to be delivered a certified copy of this resolution to the chief appraiser of the Tom Green County Appraisal District on or before October 15, 2013. Section 4. That this resolution shall take effect immediately from and after its passage, in accordance with the provisions of the State Statutes of the State of Texas.

Section 5. Open Meetings Act. It is hereby officially found and determined that the meeting at which this resolution was passed was open to the public and public notice of the time, place and purpose of said meeting was given, all as required by the Open Meetings Act, Chapter 551, Texas Government Code. Motion made by __________________, seconded by __________________. Motion carried unanimously. PASSED, APPROVED AND ADOPTED ON THE _____ DAY OF _____________, 2013.

THE CITY OF SAN ANGELO ______________________________ Alvin New, Mayor

ATTEST: _______________________ Alicia Ramirez, City Clerk APPROVED AS TO CONTENT APPROVED AS TO FORM: _________________________ Alicia Ramirez, City Clerk Lysia H. Bowling, City Attorney Received in the office of the Chief Appraiser, Tom Green County Appraisal District, on the _____ day of October, 2013. ________________________ Bill H. Benson, Chief Appraiser

Minutes Page 103 October 5, 1993 Vol. 80 NOMINATION OF CANDIDATES FOR BOARD OF DIRECTORS OF TOM GREEN COUNTY APPRAISAL DISTRICT The City Manager reviewed the background information. Councilwoman Tucker stated that the current directors have performed well. Motion, to nominate Mr. Dick Burnett, Mr. A. H. "Chico" Denis, Mr. John Fuentes, Mr. Walter Pfluger, and Mr. John Phillips as candidates for the Board of Directors of Tom Green County Appraisal District for 1993-95, was made by Councilman Izzard and seconded by Councilman Hiebert. Motion carried unanimously. Page 158 Minutes Vol. 84 October 3, 1995 ADOPTION OF RESOLUTION NOMINATING CANDIDATES FOR BOARD OF DIRECTORS OF TOM GREEN COUNTY APPRAISAL DISTRICT The Council discussed the function of the board. The City Manager explained the process for selection of the board. Motion, to adopt the resolution nominating Mr. Dick Burnett, Mr. A. H. "Chico" Denis, Mr. John Fuentes, Mr. Walter Pfluger, and Mr. John Phillips for the Board of Directors of the Tom Green County Appraisal District, was made by Councilmember Izzard and seconded by Councilmember Burrows. Motion carried unanimously. Annex F, Page 168, "Resolution" Page 84 Minutes Vol. 87 November 4, 1997 ADOPTION OF RESOLUTION SETTING NUMBER OF VOTES TO BE CAST FOR NOMINEES FOR BOARD OF DIRECTORS OF TOM GREEN COUNTY APPRAISAL DISTRICT FOR 1998-2000 TERM

City Clerk Carol Rigby presented the results of each Councilmembers vote. Each Councilmember cast 232.5 votes (1/6 of the 1,395 total votes allocated to the City of San Angelo) among the 6 nominees. Councilmember Shrum cast his votes as follows: Mr. Pfluger - 132.5; Mr. Phillips - 100. Councilmember Burrows cast his votes as follows: Mr. Phillips - 232.5. Councilmember Holguin cast his votes as follows: Mr. Bastardo - 232.5. Councilmember Tucker cast her votes as follows: Mr. Burnett - 232.5. Councilmember Ryon cast her votes as follows: Mr. Bastardo - 46; Mr. Burnett - 46; Mr. Denis - 46; Mr. Pfluger - 46; Mr. Phillips - 48.5. Councilmember Mahon cast his votes as follows: Mr. Fuentes - 77.5; Mr. Pfluger - 77.5; Mr. Phillips - 77.5. Motion, to adopt a resolution setting the number of votes to be cast for nominees for the Board of Directors of the Tom Green County Appraisal District for the 1998-2000 term as follows: Mr. Richard Bastardo - 278.5; Mr. Dick Burnett - 278.5; Mr. A.H. AChico@, III - 46; Mr. John Fuentes - 77.5; Mr. Walter Pfluger - 256; Mr. John Phillips - 458.5, was made by Councilmember

Holguin and seconded by Councilmember Burrows. Motion carried unanimously. Annex F, Page 83, AResolution@ Page 610 Minutes Vol. 89 October 5, 1999 ADOPTION OF RESOLUTION NOMINATING CANDIDATES FOR BOARD OF DIRECTORS OF TOM GREEN COUNTY APPRAISAL DISTRICT City Clerk Kathy Keane presented background information, noting that the Appraisal Board has five members up for reappointment, and Council will need to nominate for these five positions. Ms. Keane further noted that everyone currently serving on the board is eligible for reappointment and willing to serve except Mr. John Fuentes. City Manager Tom Adams noted that this is a two step process. A discussion followed regarding the qualifications needed. Responding to a question from Councilmember Holguin, Ms. Keane noted that Mr. Dean had indicated that Mr. Walter Pfluger and Mr. Louis Gomez had expressed interest in holding these positions. Noting that Mr. Pfluger would be an asset, Councilmember Ryon explained that she had spoken with Mr. Pfluger and she would like to consider him for one of the positions. Councilmembers Shrum and Holguin agreed. Responding to a question from Councilmember Bastardo, Ms. Keane stated that she had not made contact with the Chief Appraiser, but had spoken with Mr. Rusty Dean, the attorney for the Appraisal District, who prepared the Resolution. Noting a possible problem with a Councilmember serving on the Tax Appraisal Board, Councilmember Shrum stated that Louis Gomez was interested as well. Councilmember Shrum further suggested that Mr. Gomez and Mr. Pfluger be substituted for present members John Fuentes and Richard Bastardo. Councilmember Mahon explained that there is a perceived problem with Mr. Bastardo being able to set the tax rate as a member on this board. While this is legally permissible, it is the perception which could be harmful. Councilmember Ryon agreed that this is a problem and questioned if Council should make a rule that Councilmembers can not serve on other boards. Councilmember Shrum noted that some boards have requested City Council representation, however, perception of is the matter of concern. Mr. Adams noted that involvement in certain areas needs to be watched. Councilmember Bastardo noted that it was this Council who voted him in as a member of the Tax Appraisal Board. Mr. Bastardo stated that all the present board members are good people, but

explained that he has not been on the board for long and has the time to serve. Serving on the Tax Appraisal Board does not hamper his agenda to stay open-minded and attend all the meetings. Mayor Fender explained that when Council voted to have Mr. Bastardo serve, he was not on the Council at the time. Mayor Fender further explained that this is not a personal decision. Councilmember Holguin nominated Councilmember Bastardo. Council discussed how the vote would take place. Each Councilmember will get five votes. An initial vote was taken. The nominees received the following number of votes: Richard Bastardo: 4 votes; Councilmembers Burrows, Holguin, Bastardo and Ryon Dick Burnett: 4 votes; Councilmembers Shrum, Burrows, Holguin and Mahon Chico Dennis: 4 votes; Councilmembers Shrum, Burrows, Ryon and Mahon John Phillips: 4 votes; Councilmembers Shrum, Burrows, Mahon and Mayor Fender Walter Pfluger: 5 votes; Councilmembers Shrum, Burrows, Ryon, Mahon and Mayor Fender Louis Gomez: 4 votes; Councilmembers Shrum, Burrows, Mahon and Mayor Fender Mr. Walter Pfluger was nominated and the Council voted again on the remaining nominees with each Councilmember receiving four votes. The nominees received the following number of votes: Richard Bastardo: 4 votes; Councilmembers Burrows, Holguin, Bastardo and Ryon Dick Burnett: 5 votes; Councilmembers Shrum, Burrows, Holguin, Mahon and Mayor Fender Chico Dennis: 4 votes; Councilmembers Shrum, Ryon, Mahon and Mayor Fender John Phillips: 7 votes; Full Council Louis Gomez: 7 votes; Full Council At this point the following additional persons were nominated: Dick Burnett, John Phillips, and Louis Gomez. Because the number of votes received for Mr. Bastardo and Mr. Dennis were tied, another vote was taken. Richard Bastardo: 3 votes; Councilmembers Burrows, Holguin, and Bastardo Chico Dennis: 4 votes; Councilmembers Shrum, Ryon, Mahon, and Mayor Fender Motion, to adopt a resolution nominating Walter Pfluger, Dick Burnett, John Phillips, Louis Gomez, and Chico Dennis for Board of Directors of the Tom Green County Appraisal District, was made by Councilmember Shrum and seconded by Councilmember Mahon. Aye: Shrum, Mahon, Fender, Burrows, Bastardo, and Ryon. Nay: Holguin. Motion carried 6-1. Annex B, Page 619, AResolution@ Page 400 Minutes Vol. 92 October 2, 2001 ADOPTION OF A RESOLUTION NOMINATING CANDIDATES FOR BOARD OF DIRECTORS OF TOM GREEN COUNTY APPRAISAL DISTRICT Responding to questions of Councilmembers Holguin and Wardlaw, City Manager Tom Adams

informed that Directors did not have term limits but that the Council was free to nominate their own slate of nominees. He further agreed that future nominations could include information regarding the length of service for each nominee. Motion, to adopt a Resolution nominating candidates for the Board of Directors of the Tom Green County Appraisal District, as presented, was made by Councilmember Mahon and seconded by Councilmember Darby. Motion carried unanimously. Annex C, Page 425, AResolution@ Minutes Page 439 October 7, 2003 Vol. 95 ADOPTION OF A RESOLUTION NOMINATING CANDIDATES FOR THE TOM GREEN COUNTY APPRAISAL DISTRICT BOARD OF DIRECTORS City Manager Tom Adams presented background information. Responding to the request of Councilmember Holguin to delay the nomination process, Councilmember Bates noted the Resolution nominating candidates was required to be submitted prior to October 15, 2003. By consensus, the Council requested a letter be drafted for the Mayor’s signature to the Tom Green County Appraisal District requesting the City receive this notice of nomination earlier, perhaps mid August, to ensure sufficient time to more fully consider the nominations to be forwarded to the Chief Appraiser. Councilmember Holguin advised he had other individuals he would have preferred to bring forward. Motion, to adopt a Resolution nominating the following individuals for the Tom Green County Appraisal District Board of Directors: Dick Burnett, A.H. “Chico” Denis III, Louis Gomez, Walter Pfluger and John Phillips, as presented, was made by Councilmember Mahon and seconded by Councilmember Rainey. Aye: Mahon, Rainey, Lown, Morrison, Reeves and Bates. Nay: Holguin. Motion carried 6-1. Annex C, Page 453, “Resolution” Page 271 Minutes Vol. 98 December 13, 2005

APPROVAL OF A RESOLUTION SETTING OUT NUMBER OF VOTES TO BE CAST FOR NOMINEES FOR BOARD OF DIRECTORS OF TOM GREEN COUNTY APPRAISAL DISTRICT FOR 2006-2007

NOTE: Nominations were not made in 2005

City Manager Harold Dominguez presented background information.

Councilmember Holguin commented on the nominations and repeated requests to facilitate the process. General discussion was held on the time provided to submit votes and required turnaround of the nomination process. Mayor Lown requested staff work with Tom Green County Appraisal District on future nominations.

Motion, to divide votes equally among nominees, was made by Mayor Lown and seconded by Councilmember Rainey. AYE: Lown, Bates, Farmer, Morrison, and Rainey NAY: Holguin. Motion carried 5-1.

Annex J, Page 295, “Resolution”

Page 5 Minutes Vol. 99 September 18, 2007

APPROVAL OF CANDIDATE NOMINATIONS TO SERVE ON THE BOARD OF DIRECTORS OF THE TOM GREEN COUNTY (TGC) APPRAISAL DISTRICT FOR THE 2008-2009 TERM

Mayor Lown suggested the Council consider reviewing the criteria and nominating individuals to serve on the TGC Appraisal District board. He commented the existing board consisted of the same members serving numerous terms. Finance Director Michael Dane stated the nomination process was time sensitive and noted the nomination should be finalized no later than October 15, 2007. Mayor Lown recommended Mr. Louis Hall.

Councilmember Perez-Jimenez requested the item be considered at the Visions meeting on September 27 and 28, 2007. Council concurred. Mayor Lown informed the TGC board meets approximately 7 times a year for 1 to 3 hours.

Mayor Lown recommended the nominees complete an application and forward such to City Clerk Alicia Ramirez.

Page 5 Minutes Vol. 100 October 2, 2007 ADOPTION OF A RESOLUTION NOMINATING LOUIS HALL AS A CANDIDATE FOR BOARD OF DIRECTORS OF TOM GREEN COUNTY APPRAISAL DISTRICT

Motion, to adopt a Resolution nominating Louis Hall as a candidate for Board of Directors of Tom Green County Appraisal District, was made by Mayor Lown and seconded by Councilmember Perez-Jimenez. Motion carried unanimously.

Annex F, Page 25, “Resolution”

Minutes Page 5 November 6, 2007 Vol. 100

ADOPTION OF A RESOLUTION SETTING OUT THE NUMBER OF VOTES TO BE CAST FOR NOMINEES FOR BOARD OF DIRECTORS OF TOM GREEN COUNTY APPRAISAL DISTRICT

Councilmembers submitted their votes as follows: Councilmember Farmer, 199 for Louis Hall; Councilmember Hogg, 49.75 each for Dick Burnett, Louis Hall, Chico Denis, and Walter Pfluger; Councilmember Perez-Jimenez, 199 for Louis Hall; Mayor Lown, 199 for Louis Hall; Councilmember Cárdenas, 199 for Louis Hall; Councilmember Morrison, 199 for John Phillips; and Councilmember Fields, 199 for Louis Hall.

Motion, to adopt a Resolution setting out 49.75 votes for Dick Burnett, 49.75 votes for A.H. “Chico” Denis, 0 votes for Louis P. Gomez, 1044.75 votes for Louis Hall, 49.75 votes for Walter W. Pfluger, and 199 votes for John D. Phillips to be cast for nominees for Board of Directors of Tom Green County Appraisal District, was made by Mayor Lown and seconded by Councilmember Farmer. Motion carried unanimously.

Annex G, Page 89, “Resolution” Minutes Page 505 October 6, 2009 Vol. 101 ADOPTION OF A RESOLUTION NOMINATING CANDIDATES EMILIO PEREZ-JIMENEZ, TIM EDWARDS, VICKIE BOULDEN, BOB REEVES, AND JOHN BEGNAUD AS CANDIDATES FOR THE BOARD OF DIRECTORS OF THE TOM GREEN COUNTY APPRAISAL DISTRICT FOR THE 2010-2012 TERM

City Clerk Alicia Ramirez presented background information. General discussion and nominations were made by the Councilmembers.

Motion, to close nominations, was made by Councilmember Farmer and seconded by Councilmember Silvas. Motion carried unanimously.

In conclusion, the following nominations were made.

Motion, to adopt a resolution nominating candidates Emilio Perez-Jimenez, Tim Edwards, Vickie Boulden, Bob Reeves, and John Begnaud as candidates for the Board of Directors of the Tom Green County Appraisal District for the 2010-2012 Term, was made by Mayor Pro Tempore Hogg and seconded by Councilmember Adams. Motion carried unanimously.

Annex A, Page, “Resolution” Page 58 Minutes Vol. 103 October 4, 2011 ADOPTION OF A RESOLUTION NOMINATING CANDIDATES FOR BOARD OF DIRECTORS OF TOM GREEN COUNTY APPRAISAL DISTRICT (ANNEX E, PAGE 71, RESOLUTION #2011-09-109R) City Clerk Alicia Ramirez presented background information. Motion, to adopt the Resolution, as presented, was made by Councilmember Morrison and seconded by Councilmember Adams. Motion carried unanimously. Nominees: John Begnaud, John Conn, Russell DeVore, Louis Gomez, and Bob Reeves

SECOND AMENDED AND RESTATED BYLAWS OF

PORTS-TO-PLAINS TRADE CORRIDOR COALITION

ARTICLE ONE NAME AND PURPOSE

1.1 Name. The name of the corporation is Ports-to-Plains Trade Corridor Coalition (the “Corporation”). 1.2 Principal Office. The principal office of the Corporation shall be at such place within the City of Lubbock, Texas, or such other city within Texas, as the Board of Directors of the Corporation may determine to be in the best interest of the Corporation. The Corporation may have such other offices as the Board of Directors may determine and as the affairs of the Corporation may require. 1.3 Purpose. This Corporation is organized as a business league within the meaning of Section 501(c)(6) of the Internal Revenue Code of 1986, as amended (the “Code”), for the purposes set forth in its Articles of Incorporation.

ARTICLE TWO MEMBERS

2.1 Member Classes. The Corporation shall have one class of voting members (“Members”) and one class of non-voting members (“Associate Members”). Unless the context clearly indicates otherwise, as used herein, the term “members” means both “Members” and “Associate Members”.

2.2 Members. 2.2.1 States of the United States of America, provinces of Canada, states

of Mexico, counties, municipalities, political subdivisions, metropolitan planning organizations, economic development corporations, other public entities that are located in any of the aforementioned sovereign or political entities, and chambers of commerce may apply to join the Corporation as Members.

2.2.2 Subject to approval by the Board of Directors, execution of a membership application and agreement, and payment of the dues and application fee, if any, determined pursuant to Section 2.4, such entity shall become a Member.

2.2.3 Members shall have voting rights with respect to the election of Directors and shall have voting rights with respect to other matters only as may be required by law. Each Member shall be entitled to one vote for dues payments of up to $10,000, one additional vote for dues payments up to $20,000, and one vote for each additional $10,000 dues payments up to a maximum of 10 votes.

2.2.4 No fractional votes are allowed. It is expressly provided, however, that the members shall not be entitled to vote on changes to, the repeal of, or the adoption of new Bylaws.

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For a county, municipality, political subdivision, metropolitan planning organization, economic development corporation, any other public entities that are located in any state within the United States of America or Mexico or province of Canada, or a chamber of commerce to be a Member, it is not necessary that the State in which the entity is located be a Member. An entity that is entitled to participate as a Member may designate in writing to the Corporation a department, agency or private non-profit entity (“designated entity”) that is to act in its stead, which designated entity shall then be registered as the Member and have all the rights to which the entity (“sponsoring entity”) that so designated it would be eligible. The sponsoring entity may withdraw such designation by written notice to the Corporation, in which event the designated entity shall be deemed to have withdrawn as a Member of the Corporation. 2.3 Associate Members.

2.3.1 Private sector individuals and entities which are interested in advancing the Corporation’s purposes may apply to join the Corporation as non-voting Associate Members.

2.3.2 Subject to approval by the Board of Directors, execution of an associate membership application and agreement, and upon payment of the dues and application fee, if any, determined pursuant to Section 2.4, such individual or entity shall become an Associate Member.

2.3.3 Associate Members have no right to vote on any matter on which corporate members of a Texas non-profit corporation are entitled or required to vote, including on any amendment to the Articles of Incorporation or Bylaws of the Corporation that adversely affect such Associate Members; provided, however, that upon the effectiveness of any such amendment, an Associate Member may ask for a prorated (by month) refund of dues for the remainder of such year.

2.3.4 Associate Members may attend meetings of the Members, except in the case of executive sessions. At meetings which they are allowed to attend, Associate Members may participate in discussions as permitted by the President, but may not vote. 2.3.5 Categories of Associate Members

2.3.5.1 Alliance Members 2.3.5.1.1 Reserved for partner associations who meet

specific needs or agree to support Ports-to-Plains in functional or subject matter areas in which Ports-to-Plains does not already have expertise or leadership.

2.3.5.1.2 Membership rights shall be identified by agreement to be approved by the Board of Directors which may include representation on the Board of Directors and Advisory Council as well an representation in workgroups.

2.3.5.2 Business Members 2.3.5.2.1 These members shall receive only the

benefits approved by the Board of Directors for Business Membership and no other rights as members. 2.3.5.3 Sponsor Members

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2.3.5.3.1 These members shall receive only the benefits approved by the Board of Directors for Events Sponsorship and no other rights as members. 2.3.5.4 Other Members.

2.3.5.4.1 Other members may include Individuals, Students, Post-secondary and Research organizations who will, on a case by case basis, be a low-cost or reciprocal membership class to encourage university partnerships; potential contributor to new programming, particularly workforce development, venture cap or entrepreneurship topics.

2.3.5.4.2 These members shall have no rights as members.

2.4 Membership Dues. All members shall be required to pay annual

membership dues to the Corporation in such amounts as established from time to time by the Board of Directors and may be required to pay an application fee, if any. The membership dues owed and payable for the first year of membership shall be due within 30 days after the date that the membership application and agreement is executed by the member and approved by the Board of Directors. All dues payable each year thereafter shall be payable within 30 days of the beginning of the Corporation’s fiscal year.

The dues and application fee, if any, shall be set by the Board of Directors, which may make distinctions in the dues payable by members. No member by its execution of the membership application and agreement is assuming or agreeing to pay any monetary or other obligation other than the agreement to make the contributions provided by this Section 2.4. 2.5 Term of Membership/Withdrawal/Expulsion. The member’s membership in the Corporation shall be effective on and as of the date all of the requirements in Section 2.2 or 2.3, as the case may be, are satisfied and shall automatically continue from year to year unless and until the member withdraws from participation in accordance with the following sentences or the Board of Directors terminates a member’s membership in the Corporation in accordance with this Section. Any member may withdraw from the Corporation at any time, without refund of amounts paid to date, by giving thirty (30) days written notice to the Corporation. Any member who fails to pay the annual membership dues, as provided in Section 2.4 above, shall be deemed to automatically withdraw from the Corporation as of the first day of the Corporation’s fiscal year in which the member failed to pay the annual membership dues, and the member shall not be entitled to receive any refund of any amounts paid to the Corporation. 2.6 Suspension of Members. The Board of Directors may suspend a member from the Corporation for any of the following reasons:

2.6.1 consistent and continued activity and/or speech by the member or representatives of the member that directly contradicts the interests of the Corporation; or

2.6.2 failure to meet the qualifications stated in this Article Two for membership, which does not result in the Member’s automatic withdrawal pursuant to Section 2.5 above; or

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2.6.3 failure to attend three consecutive meetings, provided, however, that a Member’s vote by proxy at any meeting constitutes attendance; or

2.6.4 the member’s affiliation with the Corporation will cause the Corporation to lose or jeopardizes the Corporation’s exempt status for federal or state tax purposes.

2.6.5 To suspend a member from the Corporation a meeting of Directors must take place at least fifteen days after the member subject to suspension receives, by registered mail, written notice of the proposed action, the basis therefor, and the date, time, and place of the meeting. The member shall be afforded an opportunity to respond to the proposed suspension in person at the meeting. No Director affiliated with a member subject to a suspension action shall be permitted to vote on the suspension. Such suspension shall be for a term as determined by the Board and may be permanent.

2.6.6 Any member whose membership is permanently suspended by the Board of Directors in accordance with Subsection 2.6(d), shall be entitled to a refund of a pro rata portion of the annual membership dues such member paid for the Corporation’s fiscal year in which such member’s membership is permanently suspended. Any member whose membership is permanently suspended by the Board of Directors for any other reason, shall not be entitled to receive any refund of any amounts paid to the Corporation 2.7 Annual Meetings of Members. The annual meeting of the Members shall be held at the time and place designated by the Board of Directors. Written or printed notice stating the place, day and hour of the meeting shall be delivered to each Member and Associate Member at the address for such member on the books of the Corporation, either personally, by facsimile, or by mail, by or at the direction of the Chairman or Secretary not less than thirty (30) days nor more than sixty (60) days before the date of the meeting. 2.8 Special Meetings of Members. Special meetings of the Members may be called by the Chairman, the Board of Directors, or by ten percent (10%) or more of Members. Written or printed notice stating the place, day, hour and purpose of the meeting shall be delivered to each member not less than ten (10) days nor more than sixty (60) days before the date of the meeting, either personally, by facsimile, or by mail, by or at the direction of the Chairman, Secretary or the Members calling such special meeting. 2.9 Regular Meetings of the Members. The Board of Directors may establish a schedule for regular meetings of the Members in a location and at such time as the Board deems appropriate. Notice need not be given to members of the time, place or purpose of a regular meeting once such schedule has been provided to the members at least ten (10) days before the first such meeting. 2.10 Place and Manner of Meetings. Meetings of the Members shall be held at the principal office of the Corporation, unless some other place is designated in the notice of the meeting. Accurate minutes of any meeting of the Members shall be maintained by the Secretary of the Corporation or other officer designated for that purpose.

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2.11 Agendas for Meetings. Unless otherwise provided by these Bylaws or the Articles of Incorporation, neither the business to be transacted at, nor the purpose of, any annual or regular meeting of the Members need be specified in the notice or waiver of notice of such meeting in order for action to be taken at the meeting. 2.12 Quorum for Member Meetings / Voting. The presence of ten percent (10%) of the Members present in person shall be a quorum for the transaction of business at all meetings; provided, that a Member who has submitted a Ballot pursuant to Section 2.14 shall be counted as present for purposes of a quorum for the business to which the Ballot relates. The affirmative vote of a majority (as defined in Section 3.11) of the Members present in person or by Ballot at any meeting at which there is a quorum shall be the act of the Members, unless otherwise provided by law, the Articles of Incorporation, or these Bylaws. Cumulative voting shall not be permitted. 2.13 Notice of Adjournment. Notice of the time and place of holding an adjourned meeting at which a quorum was present need not be given to absent members if the time and place is fixed at the meeting adjourned and it is held within seventy-two (72) hours, notice shall be given to all Members (but not Associate Members) not present at the time of adjournment. A quorum must be present at the reconvened meeting in order to transact business. 2.14 Limited Proxies. Members may vote by proxy only as provided in this Section. Along with the notice of a meeting of Members at which Directors are to be elected or any other issue with respect to which the law requires a vote of the Members, the individual giving such notice shall include a proxy in the form of a ballot (a “Ballot”) listing the individuals who are running for election to the Board for whom the Member is entitled to vote and setting forth each such issue. The Ballot must be written so as to require either a “yes” or “no” vote on each issue and must also provide a space where the Member can indicate how it wishes to vote on each director position for which the Member is entitled to vote. Each Ballot with respect to an issue must be approved as to form by the Board. A Member may vote by mailing in the completed and signed Ballot or in person at the meeting. To be counted, a Ballot must be received at the address indicated on the Ballot at or prior to the time and day specified therein. Ballots not received at the required address by the required time will not be counted at the meeting. A Member who submits a Ballot and who then attends the meeting may revoke the Ballot and vote in person by so notifying the Secretary of the Corporation in writing prior to the start of the applicable meeting. Unless revoked, a Ballot duly and timely submitted is a proxy authorizing and directing the Secretary of the Corporation to vote the Member’s vote(s) as stated in the Ballot.

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ARTICLE THREE BOARD OF DIRECTORS

3.1 General powers. Except as provided by applicable law, in the Corporation’s Articles of Incorporation, or in these Bylaws, the business, property and affairs of the Corporation shall be managed and directed, and all corporate powers of the Corporation exercised, by or under the direction of a Board of Directors (the “Board of Directors” or the “Board”). The Board of Directors may make appropriate delegations of authority to the officers of the Corporation and may authorize one or more other committees to act on its behalf. 3.2 Number; Classification; Term; Election. The Board of Directors shall consist initially of twelve (12) Directors. The number of Directors may thereafter be increased or decreased by a majority vote of the Board of Directors; provided, however, that the number of Directors shall not be less than twelve. The Directors named in the Articles of Incorporation will hold office until the first annual meeting of the Members and until their successors are elected and qualified. At the first annual meeting of the Members, at least twelve (12) Directors will be elected, who will be divided into two classes. There will be six (6) (or in the event more than twelve directors are elected, then one-half of the directors elected) Directors in the first class, who will hold office until the first annual meeting of the Members after their election and until their successors are elected and qualified; there will be six (6) (or in the event more than twelve directors are elected, then one-half of the directors elected) Directors in the second class, who will hold office until the second annual meeting of the Members after their election and until their successors are elected and qualified; at each annual meeting of the Members thereafter, Directors will be elected for the class whose term of office expires at that meeting, and they will hold office until the second annual meeting of the Members after their election and until their successors are elected and qualified. 3.3 Vacancies. If a vacancy on the Board of Directors occurs because of resignation, removal, death or for any reason, the vacancy shall be filled by a majority vote of the remaining Directors of the applicable component. 3.4 Qualifications. Any person that is an appointed representative of a Member may serve on the Board. However, no more than one Board member from each county may serve on the Board at any one time. 3.5 Resignations. Any Director may resign at any time by giving written notice to the Chairman of the Board of Directors. Such resignation shall take effect when the notice is received, unless the notice specifies a future date. Unless otherwise specified therein, the acceptance of such resignation shall not be necessary to make it effective.

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3.6 Removals. The Board of Directors may, by a supermajority vote (as defined in Article Seven herein) of Directors present at a regular or special meeting called for this purpose, suspend or remove a Director for any of the following reasons: (a) breach of the Director’s fiduciary duty to the Corporation;

(b) violation of the Corporation’s Articles of Incorporation, these Bylaws, or a policy duly adopted by the Board of Directors;

(c) conviction of a felony or misdemeanor (other than a traffic violation not

involving substance or alcohol abuse); (d) consistent, continued activity and/or speech that directly contradicts the

interests of the Corporation; (e) failure to meet the qualifications identified in Section 3.4; and/or (f) failure to attend (unexcused) three consecutive Board meetings.

The meeting must take place at least fifteen (15) days after the Director subject to removal or suspension receives, by registered mail, written notice of the proposed action, including the identity of the date, time, and place of the meeting. The Director shall be afforded an opportunity to present a defense to the charges in person. 3.7 Place and Manner of Meetings. Meetings of the Board of Directors shall be held at the principal office of the Corporation, unless some other place is designated in the notice of the meeting. Accurate minutes of any meeting of the Board or any committee thereof shall be maintained by the Secretary or other officer designated for that purpose. 3.8 Regular Meetings. An annual meeting of the Board of Directors shall be held at the time and place designated by the Board. The Board may also establish regular quarterly meetings. Annual meetings and any quarterly meetings established by the Board are sometimes referenced to herein as regular meetings. Such annual meetings and if applicable, quarterly meetings, shall be held upon at least ten (10) days advance written notice to the Directors and members of the Advisory Council. 3.9 Special Meetings. Special meetings of the Board of Directors may be called by the Chairman of the Board or a majority of the Directors. Notice of the date, time, purpose, and place of each special meeting of the Board shall be given to each Director and, unless the meeting is closed to them, each member of the Advisory Council at least twenty-four (24) hours before the time of the meeting. Notice of a special meeting may be by telephone followed by written confirmation. 3.10 Agenda for Meetings. Unless otherwise provided by these Bylaws or the Corporation's Articles of Incorporation, neither the business to be transacted at, nor the

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purpose of, any regular or special meeting of the Board of Directors or any committee of the Board need be specified in the notice or waiver of notice of such meeting in order for action to be taken at the meeting. 3.11 Quorum for Meeting / Voting. The presence of at least one-third (1/3) of the number of persons then serving as Directors, present in person, shall be a quorum for the transaction of business at all meetings. Presence by proxy does not constitute presence for establishing a quorum. Each Director shall have one vote on all matters coming before the Board, subject to Section 3.15. Except as otherwise provided in these Bylaws, all matters voted upon by the Directors shall be decided by majority vote. As used herein the term “majority vote” or “majority” shall mean more than one-half (1/2) of the votes eligible to be cast in person or by proxy with respect to the particular matter. The affirmative vote of a majority of the Directors present in person or by proxy at any meeting at which there is a quorum, shall be the act of the Board of Directors, unless otherwise provided by law, the Articles of Incorporation, or these Bylaws. 3.12 Limited Proxies. A Director may vote by proxy at any meeting of the Board of Directors or of any committee of the Board of Directors only as provided in this Section 3.12. A Director may designate in writing either another representative of the same Member which said Director represents or another Director as authorized to participate and vote on behalf of the Director making such designation in any meeting of the Board of Directors or of any committee of the Board which is specified in such designation. Such designation must be delivered to the person presiding over such meeting prior to the participation by the designee in the meeting. A facsimile of such designation is acceptable. The designation shall be deemed to be a proxy for the purposes and meetings specified therein, and the same shall be revocable at any time in writing signed by the Director which issued the same, which writing shall be delivered to the Secretary of the Corporation or the presiding officer of the applicable meeting. Such revocation shall not affect votes cast by the designee prior to such delivery of the revocation. 3.13 Notice of Adjournment. Notice of the time and place of holding an adjourned meeting at which a quorum was present need not be given to absent Directors if the time and place is fixed at the meeting adjourned and it is held within seventy-two (72) hours. If a meeting is adjourned for more than seventy-two (72) hours, notice shall be given to all Directors not present at the time of adjournment. A quorum must be present at the reconvened meeting in order to transact business. 3.14 Compensation. Directors shall serve in such capacity without compensation on a voluntary basis, but may receive reasonable and appropriate reimbursement of expenses from the Corporation, as determined from time to time by the Board of Directors. 3.15 Conflict of Interest. Whenever a Director has a conflict of interest based upon the possibility of personal gain to such Director, such conflict of interest shall be declared by the Director and such Director may not vote on those issues where a conflict

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of interest has been declared. He or she may discuss the nature of his or her conflict of interest and otherwise provide information to the Board. Further, such Director may not be counted towards a quorum in respect of a vote on such issue. This Section of these Bylaws is not to be construed so as to prevent, preclude, or otherwise discourage Directors (or entities which they control or which they represent) from transacting business with the Corporation on a competitive, arms-length basis, and being awarded contracts, business, or other contractual relationships based upon such Directors' ability to provide (or that of the controlled or represented entity to provide), the Corporation with services or products considering price, quality and service, for what is being considered, so long as the express requirements of this Section and the requirements, if any, of applicable law are met. A Director shall not be deemed to have a conflict of interest by virtue of benefits that might accrue to the Member that such Director represents.

3.16 Advisory Council. 3.16.1 There shall be an Advisory Council consisting of:

3.16.1.1 a representative from each Associate Member who, in the current fiscal year of the Corporation has paid membership dues in an amount to be determined by the Board of Directors in accordance with Section 2.4, and

3.16.1.2 individuals appointed by the Chairman from time to time, as the Chairman determines in the Chairman’s sole and absolute discretion.

3.16.2 The purpose of the Advisory Council shall be to provide input and expertise to the Board of Director on an as needed basis.

3.16.3 Each member of the Advisory Council, who is a representative of an Associate Member, shall serve as a member of the Advisory Council for as long as the Associate Member has paid membership dues in an amount to be determined by the Board of Directors in accordance with Section 2.4 or until the Associate Member notifies the Corporation in writing that the Associate Member has appointed a new representative to serve on the Advisory Council, whichever time period is shorter.

3.16.4 Each member of the Advisory Council who is appointed by the Chairman shall serve for a term of one (1) year from the date such member is appointed as a member of the Advisory Council.

3.16.5 The members of the Advisory Council may attend meetings of the Board of Directors; provided, however, the Chairman may close special meetings of the Board of Directors to the Advisory Council.

3.16.6 At meetings they are permitted to attend, members of the Advisory Council may participate in discussions to the extent permitted by the Chairman, but members of the Advisory Council shall not be entitled to vote on any matter coming before the Board of Directors and members of the Advisory Council shall not participate whatsoever in the management of the Corporation.

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ARTICLE FOUR NOTICES

4.1 Form of Notice. Whenever under the provisions of these Bylaws, notice is required to be given to any member, Director or committee member, and no provision is made as to how such notice shall be given, it shall not be construed to mean personal notice, but any such notice may be given in writing, by mail, postage prepaid, or by facsimile transmission or other electronic communication followed by mailed, written notice, addressed to such member, Director or committee member at such address as appears on the books of the Corporation. Any notice required or permitted to be given by mail shall be deemed to be given at the time the notice is deposited, postage prepaid, in the United States mail; provided, however, that facsimile or other electronically transmitted notice is deemed to be given upon successful transmission of the facsimile or the electronic communication. With respect to meetings of the Board of Directors or committees of the Board, telephonic notice followed by mailed written notice is sufficient, and such notice shall be deemed given at the time it is communicated by telephone. 4.2 Waiver. Whenever any notice is required to be given to a member, Director or committee member under the provisions of the Texas Non-Profit Corporation Act, the Corporation's Articles of Incorporation or these Bylaws, a waiver thereof in writing signed by the person or persons entitled to such notice, whether before or after the time stated therein, shall be equivalent to the giving of such notice. Attendance of a member, Director or committee member at any meeting shall constitute a waiver of notice of such meeting, except where a member, Director or committee member attends a meeting for the express purpose of objection to the transaction of any business on the ground that the meeting is not lawfully called or convened.

ARTICLE FIVE OFFICERS

5.1 Number, Appointment and Tenure, Resignation, and Removal.

(a) Number and Appointment. The Officers of this Corporation shall be a Chairman and Vice-Chairman of the Board, a President, a Secretary, a Treasurer, and such other officers as may be designated and elected by the Board of Directors from time to time. Two or more offices may be held by the same person, except that the office of the President and Secretary may not be held by the same person. The Chairman and Vice-Chairman shall be Directors. No other officers need be Directors.

(b) Term. At each annual meeting of the Board of Directors, the

Board of Directors shall elect the officers for a one year term; provided that each officer so elected shall continue to hold such office until the earlier of the date that his or her successor shall have been duly elected and qualified, or until the date such officer resigns or is removed.

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(c) Resignation. Any officer may resign at any time by giving written notice thereof to the Chairman or Secretary of the Corporation. Unless otherwise specified in the notice, the resignation shall take effect upon receipt thereof, and the acceptance of the resignation shall not be necessary to make it effective.

(d) Removal. Any officer may be removed, either with or without

cause, by a majority vote of the entire Board of Directors.

5.2 Attendance at Meetings. The Chairman, and in his or her absence the Vice-Chairman, shall call meetings of the Board of Directors to order, and conduct such meetings, and the Secretary of the Corporation shall act as Secretary of all such meetings, but in the absence of the Secretary, the Chairman or Vice-Chairman, as the case may be, may appoint any person present to act as Secretary of the meeting. 5.3 Duties. The principal duties of the several officers are as follows:

5.3.1 Chairman of the Board. The Chairman shall preside at all meetings of the Board of Directors and shall perform such other duties as may be assigned to him or her by the Board of Directors.

5.3.2 Vice-Chairman of the Board. The Vice-Chairman shall discharge

the duties of the Chairman in the event of the Chairman's absence or disability for any cause whatsoever. If for whatever reason, the Vice-Chairman is unable to fulfill his duties, the Chairman may appoint a Board member to discharge any or all of the Vice-Chairman’s duties.

5.3.3 President. The President shall be the chief executive officer and

executive director of the Corporation, and subject to the control of the Board of Directors, shall have general charge and supervision of the administration of the activities and affairs of the Corporation. The President shall see that all orders and resolutions of the Board of Directors are carried into effect. The President shall sign and execute all legal documents and instruments in the name of the Corporation when authorized to do so by the Board of Directors, prepare an annual budget showing expected receipts and expenditures for consideration by the Board of Directors, and shall perform such other duties as may be prescribed from time to time by the Board of Directors. The President shall also have the power to appoint and remove subordinate employees. The President shall submit to the Board of Directors plans and suggestions for the activities of the Corporation, shall direct its general correspondence and shall present recommendations in each case to the Board of Directors for decision. The President shall also submit a report of the activities and affairs of the Corporation at each annual meeting of the Board and at other times when called upon so to do by the Board.

5.3.4 Secretary. The Secretary shall have charge of the records and

correspondence of the Corporation under the direction of the President, and shall be the custodian of the seal of the Corporation, if any. The Secretary shall attend all meetings of the Board of Directors and give such notice of meetings as is required by these Bylaws.

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The Secretary shall take and keep true minutes of all meetings of the Board of Directors. The Secretary shall discharge such other duties as shall be prescribed from time to time by the President or the Board of Directors. The Board of Directors may appoint an Assistant Secretary to perform the duties of the Secretary during any absence or disability of the Secretary.

5.3.5 Treasurer. The Treasurer shall keep account all moneys, credits

and property of the Corporation which shall come into the Treasurer's hands and keep a full and accurate account of all moneys received and discharged. Except as otherwise ordered by the Board of Directors, the Treasurer shall have the custody of all the funds and securities of the Corporation and shall deposit the same in the name and to the credit of the Corporation in such banks or depositories as the Board of Directors shall designate. The Treasurer shall keep proper books of account and other books showing at all times the amount of the funds and other property belonging to the Corporation, all of which books shall be open at all times to the inspection of the Board of Directors. The Treasurer shall also submit a report of the accounts and financial condition of the Corporation at each annual meeting of the Board of Directors. The Treasurer shall, under the direction of the Board of Directors, disburse all moneys and sign all checks and other instruments drawn on or payable out of the funds of the Corporation, unless the Board of Directors authorizes other officers, employees or agents of the Corporation to sign checks without the counter signature of the Treasurer, which checks, however, may also be required by the Board of Directors to be signed by the President. The Treasurer shall also make such transfers and alterations in the securities of the Corporation as may be ordered by the Board of Directors. In general, the Treasurer shall perform all the duties which are incident to the office of Treasurer, subject to the control of the Board of Directors, and shall perform such additional duties as may be prescribed from time to time by the Board of Directors or the President. The Treasurer shall give bond only if required by the Board of Directors. The Board of Directors may appoint an Assistant Treasurer to perform the duties of the Treasurer during any absence or disability of the Treasurer.

5.4 Vacancies. A vacancy in any office because of death, resignation, removal, disqualification or any other cause shall be filled in the manner prescribed in these Bylaws for regular election to that office.

ARTICLE SIX COMMITTEES

6.1 General. The Board of Directors may designate one or more committees as it deems appropriate. The duties of any such committees shall be as prescribed by the Board of Directors. Each such committee shall consist of two (2) or more persons appointed by the Chairman of the Board of Directors. A committee shall limit its activities to the accomplishment of the tasks for which it is designated and shall have no power to act except as specifically conferred by action of the Board of Directors. A majority of the members of any such committee that is authorized by the Board of Directors to exercise the authority of the Board of Directors, in whole or in part, shall be composed of Directors. The Board of Directors shall appoint a chairman for each

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committee to preside at all meetings of the committee and to perform such other duties as may be assigned to him or her by the Board of Directors. 6.2 Chairman as Member of Committees. The Chairman of the Board of Directors shall serve as an ex-officio and non-voting member of each standing and ad hoc committee, except as otherwise specified by the Board of Directors. 6.3 Quorum and Voting. A majority of the members of a committee shall constitute a quorum for the transaction of business at any meeting of such committee and the act of a majority of the committee members present at a meeting at which a quorum is present shall be the act of the committee. 6.4 Meetings and Notices. Meetings of a committee may be called by the President or the chairman of the committee. Each committee shall meet as often as is necessary to perform its duties. Notice may be given at any time and in any manner reasonably designed to inform the committee members of the time and place of the meetings. Each committee shall keep minutes of its proceedings. 6.5 Resignations and Removals. Any committee member may resign at any time by giving notice to the chairman of the committee or the Secretary of the Corporation. Unless otherwise specified in the notice, such resignation shall take effect upon receipt thereof, and the acceptance of such resignation shall not be necessary to make it effective. The Board of Directors may remove any committee member at any time with or without cause. 6.6 Vacancies. A vacancy on a committee shall be filled for the unexpired portion of the term of the former occupant in the same manner in which an original appointment to such committee is made.

ARTICLE SEVEN AMENDMENTS

The Board of Directors, by a supermajority vote, shall have exclusive authority to alter, amend and repeal these Bylaws and to make and adopt new and other Bylaws, and the Members shall not be entitled to vote thereon. As used herein the term “supermajority vote” shall mean more than two-thirds (2/3) of the votes eligible to be cast in person or by proxy with respect to the particular matter.

ARTICLE EIGHT INDEMNIFICATION OF DIRECTORS, OFFICERS,

EMPLOYEES, AND AGENTS

The Corporation shall indemnify Directors, officers, employees, and agents of the Corporation to the fullest extent required by Article 1396-2.22A of the Texas Non-Profit Corporation Act, as amended, and may indemnify such persons to the fullest extent permitted by Article 1396-2.22A of the Texas Non-Profit Corporation Act as amended,

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subject in each case to restrictions, if any, in the Corporation's Articles of Incorporation. The Corporation shall have the power to purchase and maintain at its cost and expense insurance on behalf of such persons to the fullest extent permitted by Article 1396-2.22A of the Texas Non-Profit Corporation Act, as amended.

ARTICLE NINE GENERAL PROVISIONS

9.1 Fiscal Year. The fiscal year of the Corporation shall end on December 31 of each year, unless otherwise fixed by resolution of the Board of Directors. At the end of each fiscal year a certified audit or review shall be performed regarding all financial transactions of the Corporation. 9.2 Books and Records. The Corporation shall keep correct and complete books and records of account and shall also keep minutes of the proceedings of the meetings of the Board of Directors and committees. 9.3 Inspection of Books and Records. The Corporation's books and records shall be open to inspection of the Directors upon reasonable request, and as provided by the Texas Non-Profit Corporation Act or other applicable law. 9.4 Annual Budget. The Board of Directors shall adopt an annual budget after considering a proposed budget submitted by the President to the Board of Directors, or if so directed by the Board of Directors, by an appointed committee, and shall provide a copy of the adopted budget to each Member. 9.5 Seal. The Board of Directors may, but need not, adopt a corporate seal to be in such form and to be used in such manner as the Board of Directors shall direct. 9.6 Checks. All checks or demands for money and notes of the Corporation shall be signed by such officer or officers or such other person or persons as the Board of Directors may from time to time designate. 9.7 Contracts. The Board of Directors may authorize any officer or officers or agent or agents of the Corporation to enter into any contract or execute and deliver any instrument in the name and on behalf of the Corporation. 9.8 Deposits. All funds of the Corporation shall be deposited from time to time to the credit of the Corporation in such banks, trust companies, or other depositories as the Board of Directors may from time to time select. 9.9. Telephone Meetings. The members, Directors and committee members may participate in and act at any meeting through use of a conference telephone or other communication equipment by means of which all persons participating in the meeting can hear each other. Participation in such meeting by such means shall constitute attendance

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and presence in person at the meeting, except where a person participates for the express purpose of objecting to the transaction of any business on the ground that the meeting is not lawfully called or convened. 9.10 Action Without a Meeting. Any action required or which may be taken at a meeting of the Members, Board of Directors or any committee may be taken without a meeting, if a consent in writing, setting forth the action to be taken, shall be signed by all Members or then serving Directors or committee members, as the case may be. A telegram, telex, cablegram, or similar transmission by a Member, a Director or a committee member, or a photographic, photostatic, facsimile, or similar reproduction of a writing signed by a Member, a Director or a committee member, shall be regarded as signed by the Member, the Director or the committee member for purposes of this Section. 9.11 Prohibition Against Loans. The Corporation is prohibited from making any loan to any Director or officer of the Corporation. 9.12 Construction. Whenever the context so requires, the masculine shall include the feminine and neuter, and the singular shall include the plural, and conversely. If any portion of these Bylaws shall be invalid or inoperative, then, so far as is reasonable and possible: (a) the remainder of these bylaws shall be considered valid and operative, and (b) effect shall be given to the intent manifested by the portion held invalid and inoperative. 9.13 Headings. The headings are for organization, convenience and clarity. In interpreting these Bylaws, they shall be subordinated in importance to the other written material. 9.14 Relation to Articles of Incorporation. These Bylaws are subject to, and governed by, the Articles of Incorporation of the Corporation. The above and foregoing Bylaws of PORTS-TO-PLAINS TRADE CORRIDOR COALITION were unanimously adopted by all of the Directors by written consent.

PORTS-TO-PLAINS TRADE CORRIDOR COALITION By:_________________________________ Michael Reeves, President

Bylaws_Revised_2010.doc

From Michael Reeves, President, Ports‐to‐Plains Alliance:

The bylaws give the formal description of the requirements for the board members. Informally I would say some of our expectations of our board members are:

‐ Regularly attend quarterly board meetings (including Washington Fly‐In)

‐ Keep PTP members in their communities updated on PTP activities (city council, commissioners court, etc)

‐ Support PTP “call to action” advocacy efforts (sign onto letters for special activities, call state reps or congressman on specific issues)

‐ Promote PTP in the community (identify speaking opportunities for PTP staff at Lions, Rotary Clubs etc., able to do media interviews on PTP)

‐ Maintain good relationship with elected officials from the area (state and federal) and support PTP issues with them