September 4, 2012 Agenda packet

City Council Agenda Page 1 of 6 September 4, 2012

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 4, 2012

McNease Convention Center, South Meeting Room 500 Rio Concho Drive

THE MCNEASE CONVENTION CENTER IS ACCESSIBLE TO PERSONS WITH DISABILITIES. ACCESSIBLE ENTRIES AND SPECIALLY MARKED PARKING SPACES ARE AVAILABLE AT BOTH MAIN ENTRANCES AT SURBER DRIVE AND RIO CONCHO DRIVE. IF ADDITIONAL ASSISTANCE IS NEEDED TO OBSERVE OR COMMENT, PLEASE NOTIFY THE OFFICE OF THE CITY CLERK, ROOM 202, CITY HALL, 657-4405, AT LEAST 24 HOURS PRIOR TO THE MEETING. City Council meetings are broadcast on Channel 17-Government Access at 10:30 A.M. and 7:00 P.M. every day for two weeks beginning on the Thursday after each meeting.

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

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

A. Call to Order

B. Prayer and Pledge

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

C. Proclamations

“Day of Community Prayer for the success of this year’s United Way Campaign in the Concho Valley”, September 4, 2012, to be accepted by Patti Breitreiter, President & CEO of the United Way of the Concho Valley, and Donna Brosh, Campaign Director

“United Way of the Concho Valley's Children's Day”, September 15, 2012, to be accepted by Patti Breitreiter, President & CEO of the United Way of the Concho Valley, and Donna Brosh, Campaign Director

“Constitution Week”, September 17th through 24th, 2012, to be accepted by Shirley Dobson, Texas Society Daughters of the American Revolution, District X Director

D. Public Comment

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

II. CONSENT AGENDA

1. Consideration of approving the August 21, 2012 City Council Regular meeting minutes

2. Consideration of adopting a Resolution awarding a unit supply bid for EMS Supplies, RFB No. FD-01-12, to Zoll Medical Corporation, and authorizing the Interim City Manager or his designee to negotiate and execute a contract therefore and related purchasing documents on behalf of the City of San Angelo Fire Department, and providing for an effective date


3. Consideration of authorizing the sale of the property located at 2202 Joy Road (Hirschfeld) for the appraised value of $49,300.00 and authorizing the Mayor, Interim City Manager, or Water Utilities Director to execute all necessary legal documents pertaining to the sale of subject properties, subject to completion of all curative requirements

4. Consideration of adopting a Resolution approving participation of the City of San Angelo in the Texas Events Trust Fund for the Lucas Oil 2013 first annual off road racing event and authorizing the Interim City Manager to apply for a Texas Events Trust Fund Grant therefore

5. Consideration of adopting a Resolution accepting the FY2013 Public Health Emergency Preparedness Grant from the Department of State Health Services in the amount of $110,166.00 with the City providing a 10% Match of $11,016.00

6. Consideration of adopting a Resolution accepting the FY2013 RLSS-Local Public Health System Grant from the Department of State Health Services in the amount of $119,433.00

7. Consideration of appointing Councilmember Hirschfeld as a City representative to the Concho Watermaster Advisory Committee

8. Second Hearing and consideration of adoption of an Ordinance to dissolve the River Corridor Commission and Historic Preservation Commission and to create a new commission entitled Design and Historic Review Commission and matters related thereto

AN ORDINANCE AMENDING CHAPTER 2 “ADMINISTRATION”, OF THE CODE OF ORDINANCES OF THE CITY OF SAN ANGELO BY REPEALING ARTICLE 2.3000 ENTITLED “HISTORIC PRESERVATION COMMISSION” IN ITS ENTIRETY; REPEALING ARTICLE 2.2800 ENTITLED “RIVER CORRIDOR COMMISSION” IN ITS ENTIRETY AND ENACTING A NEW ARTICLE 2.2800 ENTITLED “DESIGN AND HISTORIC REVIEW COMMISSION”; PROVIDING FOR THE CREATION OF THE COMMISSION; PROVIDING FOR THE QUALIFICATIONS AND TERMS OF COMMISSIONERS; PROVIDING FOR DUTIES, OFFICERS, HISTORIC PRESERVATION OFFICER, EX-OFFICIO MEMBERS, AND QUORUM OF THE COMMISSION; PROVIDING FOR BYLAWS; PROVIDING FOR MEETINGS AND MINUTES; PROVIDING FOR ABSENT MEMBERS; AMENDING CHAPTER 12, “PLANNING AND DEVELOPMENT”, ARTICLE 2 “DEVELOPMENT REVIEW, SECTION 215 “DECISION-MAKING BODIES AND OFFICIALS” BY AMENDING SUBPARAGRAPH “E” SETTING FORTH POWERS OF THE DESIGN AND HISTORIC REVIEW COMMISSION; AMENDING CHAPTER 12, “PLANNING AND DEVELOPMENT”, ARTICLE 2 “DEVELOPMENT REVIEW, SECTION 215 “DECISION-MAKING BODIES AND OFFICIALS” BY REPEALING SUBPARAGRAPH “F”; AMENDING CHAPTER 12, “PLANNING AND DEVELOPMENT”, ARTICLE 12.700 “RIVER CORRIDOR DEVELOPMENT”, BY REPEALING SECTIONS 12.704 AND 12.705 AND RESTATING SECTION 12.702 ”DEFINITION OF RIVER CORRIDOR” AND 12.703 “ISSUANCE OF BUILDING PERMITS; APPEALS”, PROVIDING FOR REVIEW OF CONSTRUCTION PLANS BY THE DESIGN AND HISTORIC REVIEW COMMISSION; AMENDING CHAPTER 12, “PLANNING AND DEVELOPMENT”, ARTICLE 12.800 “HISTORIC PRESERVATION TAX ABATEMENT”, BY RESTATING SECTION 12.802 “HISTORIC OVERLAY ZONE TAX ABATEMENT”, AND SECTION 12.803 “HISTORIC PROJECT TAX ABATEMENT”, TO PROVIDE FOR HISTORIC OVERLAY TAX ABATEMENT AND REVIEW BY THE DESIGN AND HISTORIC REVIEW COMMISSION, TO PROVIDE FOR HISTORIC PROJECT TAX ABATEMENT ON APPLICATION TO THE DESIGN AND HISTORIC REVIEW COMMISSION AND PROVIDING FOR APPEALS; AMENDING CHAPTER 12, “PLANNING AND DEVELOPMENT”, EXHIBIT A, “ZONING ORDINANCE”, ARTICLE 2 “DEVELOPMENT REVIEW”, BY RESTATING SECTION 202 “SUMMARY OF DEVELOPMENT REVIEW PROCEDURES”, TO PROVIDE A SUMMARY OF DEVELOPMENT REVIEW PROCEDURES; AMENDING CHAPTER 12, “PLANNING AND DEVELOPMENT”, EXHIBIT A, “ZONING ORDINANCE”, ARTICLE 2, “DEVELOPMENT REVIEW”, BY RESTATING SECTION 211


“HISTORIC OVERLAY ZONE”, PROVIDING FOR A HISTORIC OVERLAY ZONE AND PROCEDURES FOR DESIGNATION OF LANDMARK OR DISTRICTS, FOR PUBLIC HEARING BEFORE THE DESIGN AND HISTORIC REVIEW COMMISSION, AND FOR APPEAL; AMENDING CHAPTER 12, “PLANNING AND DEVELOPMENT”, EXHIBIT A, “ZONING ORDINANCE”, BY REPEALING ARTICLE 3 “USE REGULATIONS”, SECTION 308 “HO (HISTORIC OVERLAY ZONE)”, SUBCHAPTER F “DEMOLITION BY NEGLECT”; AMENDING CHAPTER 12, “PLANNING AND DEVELOPMENT, EXHIBIT C, “LAND DEVELOPMENT AND SUBDIVISION ORDINANCE”, CHAPTER 5 “PROCEDURAL REQUIREMENTS FOR PROCESSING SUBDIVISIONS” BY REPEALING SECTION VII “RIVER CORRIDOR DEVELOPMENT; PROVIDING FOR SEVERABILITY OF TERMS AND PROVISIONS; AND, PROVIDING FOR AN EFFECTIVE DATE.

III. REGULAR AGENDA:

F. PUBLIC HEARING AND COMMENT

9. Consideration of matters related to the naming of a private drive within the City of San Angelo:

a. First Public Hearing and consideration of introduction of an Ordinance repealing in its entirety the Ordinance introduced, passed, approved and adopted on the 5th day of April, 2005 naming a private drive on Lot 1 in Southland Park Addition, Section Fifteen, Time Clock Drive; and providing an effective date

b. First Public Hearing and consideration of introduction of an Ordinance naming a private drive within the City of San Angelo located on a 3.757 acre tract in Block CC, Section 30 College Hills South Addition, Time Clock Drive; and providing an effective date

(Presentation by Development Coordinator Bob Schneeman)

10. First Public Hearing and consideration of introduction of an Ordinance authorizing abandonment of public right-of-way for Smith Boulevard extending approximately 1000 feet northward from the intersection of Smith Boulevard and McGill Boulevard in northeastern San Angelo

AN ORDINANCE PROVIDING FOR THE ABANDONMENT AND CLOSING OF THE FOLLOWING STREET SEGMENT, TO WIT: An approximately 80’ wide portion of the unimproved public right-of-way for Smith Boulevard, extending approximately 1000’ northward from McGill Boulevard, immediately adjacent to property owned by Howard College in northeast San Angelo; AUTHORIZING THE CONVEYANCE THEREOF TO THE ABUTTING PROPERTY OWNERS; PROVIDING FOR THE TERMS AND CONDITIONS OF ABANDONMENT AND CONVEYANCE; AND PROVIDING FOR THE MAYOR TO EXECUTE AND DELIVER A QUIT CLAIM DEED TO THE ABUTTING PROPERTY OWNERS

(Presentation by Planning Manager AJ Fawver)

11. 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 12-03: Howard College Campus

AN ORDINANCE AMENDING CHAPTER 12, EXHIBIT “A” OF THE CODE OF ORDINANCES, CITY OF SAN ANGELO, TEXAS, WHICH SAID EXHIBIT “A” OF CHAPTER 12 ADOPTS ZONING REGULATIONS, USE DISTRICTS AND A ZONING MAP, IN ACCORDANCE WITH A COMPREHENSIVE PLAN, BY CHANGING THE ZONING AND CLASSIFICATION OF THE FOLLOWING PROPERTY, TO WIT: 3501 North US Highway 67, encompassing the area known as the Howard College, more specifically, being 33.802 acres out of the J. Pointevent Survey 1113, Abstract 4873, and Paulann Park Addition, Section 3, Tract H, being 0.76 acre, and Paulann Park Addition, Section 3, Tract G, being the northwestern 0.145 acre, in northeast San Angelo, a zone change from a combination of General Commercial (CG) and Light Manufacturing (ML) to Planned Development (PD) District; PROVIDING FOR SEVERABILITY AND PROVIDING A PENALTY




Z 12-10: GBT Realty

AN ORDINANCE AMENDING CHAPTER 12, EXHIBIT “A” OF THE CODE OF ORDINANCES, CITY OF SAN ANGELO, TEXAS, WHICH SAID EXHIBIT “A” OF CHAPTER 12 ADOPTS ZONING REGULATIONS, USE DISTRICTS AND A ZONING MAP, IN ACCORDANCE WITH A COMPREHENSIVE PLAN, BY CHANGING THE ZONING AND CLASSIFICATION OF THE FOLLOWING PROPERTY, TO WIT: An unaddressed 1.36 acre tract, at the southwest corner of the intersection of Glenna Street and Howard Street, and just north of the Jefferson Heights Addition, Block 25, Lots 34-40; more specifically, occupying 1.36 acres of the J Moehl Survey, in northwest San Angelo, changing the zoning classification from Two Family Residential (RS-2) to Neighborhood Commercial (CN) District; PROVIDING FOR SEVERABILITY AND PROVIDING A PENALTY



SU 12-01: Daryl Presley

AN ORDINANCE AMENDING CHAPTER 12, EXHIBIT “A” OF THE CODE OF ORDINANCES, CITY OF SAN ANGELO, TEXAS, WHICH SAID EXHIBIT “A” OF CHAPTER 12 ADOPTS ZONING REGULATIONS, USE DISTRICTS AND A ZONING MAP, IN ACCORDANCE WITH A COMPREHENSIVE PLAN, BY CHANGING THE ZONING AND CLASSIFICATION OF THE FOLLOWING PROPERTY, TO WIT: 2229 W Beauregard, located at the intersection of W Beauregard Avenue and South Pierce Street; more specifically occupying the Village Shopping Center Condo Subdivision, Block 25, Lots 5-8, in western San Angelo, to allow for a "Firearms Range" on property in a General Commercial/ Heavy Commercial (CG/CH) district; PROVIDING FOR SEVERABILITY AND PROVIDING A PENALTY


14. First Public Hearing and consideration of the Planning Commission’s recommendation modifying a request for a zone change from Two Family Residential (RS-2) to General Commercial (CG), alternatively recommending a zone change from Two Family Residential (RS-2) to Neighborhood Commercial (CN) with an introduction of an Ordinance amending Chapter 12, Exhibit “A” (Zoning Ordinance) of the Code of Ordinances, City of San Angelo

Z 12-09: Donald Spradley

AN ORDINANCE AMENDING CHAPTER 12, EXHIBIT “A” OF THE CODE OF ORDINANCES, CITY OF SAN ANGELO, TEXAS, WHICH SAID EXHIBIT “A” OF CHAPTER 12 ADOPTS ZONING REGULATIONS, USE DISTRICTS AND A ZONING MAP, IN ACCORDANCE WITH A COMPREHENSIVE PLAN, BY CHANGING THE ZONING AND CLASSIFICATION OF THE FOLLOWING PROPERTY, TO WIT: 13 W 11th Street, located approximately 160 feet from the intersection of North Chadbourne Street and W 11th Street; more specifically occupying the Miles Addition, Block 52, Lot 4, in central San Angelo, changing the zoning classification from Two Family Residential (RS-2) to General Commercial (CG) District; PROVIDING FOR SEVERABILITY AND PROVIDING A PENALTY



15. First Public Hearing and consideration of introduction of an Ordinance authorizing abandonment of public right-of-way in Lake View Addition Block 40 and the Jacoby Addition, Block 1 in northern San Angelo

AN ORDINANCE PROVIDING FOR THE ABANDONMENT AND CLOSING OF THE FOLLOWING STREET SEGMENT, TO WIT: An approximately 10’ x 123’ portion of alley running east to west, perpendicular to Travis Street, between The Jacoby Addition, Block 1, Lot 1 and Lake View Addition, Block 40, Lots 5-7 in northern San Angelo; AUTHORIZING THE CONVEYANCE THEREOF TO THE ABUTTING PROPERTY OWNERS; PROVIDING FOR THE TERMS AND CONDITIONS OF ABANDONMENT AND CONVEYANCE; AND PROVIDING FOR THE MAYOR TO EXECUTE AND DELIVER A QUIT CLAIM DEED TO THE ABUTTING PROPERTY OWNERS


16. First Public Hearing and introduction of an Ordinance amending Appendix A of the Code of Ordinances, City of San Angelo regarding utility related fees

AN ORDINANCE AMENDING APPENDIX A, “FEE SCHEDULE”, ARTICLE 8.000 “UTILITY RELATED FEES”, OF THE CODE OF ORDINANCES, CITY OF SAN ANGELO, TEXAS, AMENDING SECTION 8.1500 “CHARGE FOR COLLECTION OF GARBAGE AND TRASH”, BY RESTATING SUBPART (a) RESIDENTIAL SERVICES”, (1) “RESIDENCE SERVICE CHARGES”, ADJUSTING RESIDENCE SERVICE CHARGES; AMENDING SECTION 8.1500 “CHARGE FOR COLLECTION OF GARBAGE AND TRASH”, BY RESTATING SUBPART (b) “COMMERCIAL SERVICE”, (2) “COMMERCIAL SERVICE CHARGES”, ADJUSTING COMMERCIAL SERVICE CHARGES; AMENDING SECTION 8.1700 “LANDFILL CHARGES”, BY RESTATING SUBPARTS (a), (f) AND (G), ADJUSTING LANDFILL CHARGES FOR LICENSED COLLECTORS, CITY RESIDENTS, NON-RESIDENTS, AND FOR GARBAGE DUMPED BY OR FOR CERTAIN GOVERNMENT ENTITIES; PROVIDING FOR SEVERABILITY; AND PROVIDING AN EFFECTIVE DATE

(Presentation by Budget Manager Morgan Trainer)

17. Second Public Hearing and consideration of adoption of an Ordinance of the City of San Angelo approving and adopting the FY 2013 Budget and related matters

AN ORDINANCE OF THE CITY OF SAN ANGELO APPROVING AND ADOPTING THE BUDGET FOR THE FISCAL YEAR BEGINNING OCTOBER 1, 2012, AND ENDING SEPTEMBER 30, 2013; ADOPTING EMPLOYEE COMPENSATION SCHEDULES; PROVIDING FOR THE GENERAL APPROPRIATION OF FUNDS; RESERVING UNTO THE CITY COUNCIL THE AUTHORITY TO TRANSFER APPROPRIATIONS BUDGETED; RATIFYING TRANSFERS OF APPROPRIATIONS OCCURRING IN THE 2011-2012 FISCAL YEAR AND AMENDING THAT BUDGET ORDINANCE ACCORDINGLY; RESERVING UNTO THE CITY COUNCIL THE POWER, ONLY AS PERMITTED BY LAW, TO AMEND OR MAKE CHANGES IN THE BUDGET FOR MUNICIPAL PURPOSES; PROVIDING AUTHORITY FOR THE CITY MANAGER OR HIS DESIGNEE TO MAKE CERTAIN ADJUSTMENTS FROM TIME TO TIME IN OR BETWEEN BUDGETED ALLOCATIONS; AND, PROVIDING FOR FILING OF THE BUDGET

(Presentation by Interim City Manager Michael Dane and Budget Manager Morgan Trainer)

18. First Public Hearing and introduction of an Ordinance levying property taxes for the City of San Angelo for the 2012 tax year

AN ORDINANCE FIXING AND LEVYING AD VALOREM TAXES FOR THE USE AND SUPPORT OF THE MUNICIPAL GOVERNMENT OF THE CITY OF SAN ANGELO, TEXAS, FOR THE 2012-2013 BUDGET YEAR; PROVIDING FOR THE ASSESSMENT AND COLLECTION THEREOF; PROVIDING WHEN THE TAX SHALL BECOME DUE; PROVIDING WHEN THE TAX SHALL BECOME DELINQUENT; PROVIDING FOR EXEMPTIONS;


PROVIDING FOR SEVERABILITY; PROVIDING FOR PUBLICATION ON THE CITY OPERATED WEB SITE; AND, PROVIDING FOR AN EFFECTIVE DATE.

(Presentation by Budget Manager Morgan Trainer)

19. Discussion and possible action to adopt a Resolution implementing Drought Level III of the City’s Water Conservation and Drought Contingency Plan

(Presentation by Water Utilities Director Will Wilde)

G. EXECUTIVE/CLOSED SESSION - Session will convene at noon

Executive Session under the provision of Government Code, Title 5 Open Government, Ethics; Subtitle A Open Government; Chapter 551 Open Meetings; Subchapter D, Exceptions to Requirement that Meetings be Open, Section 551.074 Personnel Matters to interview candidates for the City Manager position.

H. FOLLOW UP AND ADMINISTRATIVE ISSUES

20. Consideration of matters discussed in Executive/Session, if needed

21. Announcements and consideration of Future Agenda Items

MEET & GREET THE CITY MANAGER CANDIDATES

The City of San Angelo is sponsoring a Meet & Greet for the finalists for the position of City Manager for the City of San Angelo, Texas. The event will be held at McNease Convention Center. The event is Tuesday, September 4, 2012 beginning at 6:00 P.M. and ending at 8:00 P.M. Please see invitational flyer on the City’s website at www.sanangelotexas.us.

The public is invited to attend.

SPECIAL CITY COUNCIL MEETING, WEDNESDAY, SEPTEMBER 5, 2012, 9:00 A.M.

22. Adjournment

Given by order of the City Council and posted in accordance with Title 5, Texas Government Code, Chapter 551, Friday, August 31, 2012, at 5:00 P.M.

/x/________________________ Alicia Ramirez, City Clerk

PUR FD-01-12 Page 1 of 1

City of San Angelo

Memo Date: July31, 2012

To: Mayor and Council members

From: Scott Farris, Fire Department

Subject: Agenda Item for Sept.4, 2012 Council Meeting

Contact: Brian Dunn, Fire Department, 657-4355

Caption: Consent Agenda Item

AWARDING A UNIT SUPPLY BID TO ZOLL MEDICAL CORPORATION, AND AUTHORIZING THE CITY MANAGER OR HIS DESIGNEE TO NEGOTIATE AND EXECUTE A CONTRACT THEREFORE AND RELATED PURCHASING DOCUMENTS ON BEHALF OF THE CITY OF SAN ANGELO FIRE DEPARTMENT, FOR EMS SUPPLIES, RFB No. FD-01-12; AND PROVIDING FOR AN EFFECTIVE DATE

Summary: Bids were solicited from Eight (8) vendors for quotes on individual items the Fire Department uses daily for EMS service. Four (4) vendors responded with bids requested. QuadMed failed to meet bid requirements and were disqualified from bidding. Henry Schien and Bound tree are unable to honor the quotes sent in this bid process and/or the current contract due to a suppliers increase in cost. We would like to accept the bid sent in by Zoll and reject the bids supplied by Bound Tree and Henry Schien. We will rebid for EMS equipment and supplies as Zoll is unable to supply our total inventory needs. The bids shall be awarded for one (1) year with option to extend for One (1) additional year with agreement of the concerned parties. The rebid on emergency equipment and supply will ensure we have options to purchase from several vendors with the best available pricing per product. History: San Angelo Fire Department selected vendors to provide EMS supplies were last bid in 2010.

Financial Impact: The San Angelo Fire Department budgets $118,912 annually to cover the cost of EMS supplies. Acceptance of these bids will allow the Fire Department to remain within budget. Related Vision Item (if applicable): None Other Information/Recommendation: Fire Department recommends approval for Zoll’s bid. Rejection of the three bids not honored. New RFB’s to be sent to the rejected vendors for current pricing. Attachments: The bid tabulation is attached representing the bid placed by Zoll, Contract, and Resolution. Presentation: None Publication: None Reviewed by Service Area Director: Brian Dunn, Fire Department, 7/31/2012 Approved by Legal:

A RESOLUTION OF THE CITY OF SAN ANGELO AWARDING A UNIT SUPPLY BID TO ZOLL MEDICAL CORPORATION, AND AUTHORIZING THE CITY MANAGER OR HIS DESIGNEE TO NEGOTIATE AND EXECUTE A CONTRACT THEREFORE AND RELATED PURCHASING DOCUMENTS ON BEHALF OF THE CITY OF SAN ANGELO FIRE DEPARTMENT, FOR EMS SUPPLIES, RFB No. FD-01-12; AND PROVIDING FOR AN EFFECTIVE DATE

WHEREAS, the City of San Angelo issued a RFB No. FD-01-12, Fire Department, EMS Supplies, with a submittal deadline of June 20, 2012; and,

WHEREAS, all legal procedures for the request, submission and opening of bids have been properly

performed; and, WHEREAS, three qualified bidders submitted bids, two of which withdrew their bids, leaving ZOLL

Medical Corporation as the sole, qualified bidder; and, WHEREAS, a contract providing for unit purchasing of emergency medical services (EMS) related

supplies is necessary to allow purchases of essential EMS supplies for EMS operations; NOW THEREFORE BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SAN ANGELO, TEXAS THAT: Section 1. The City Council hereby accepts the bid of ZOLL Medical Corporation providing unit prices for certain EMS medical supplies, RFB No. FD-01-12, and directs the City Manager or his designee to negotiate and execute on behalf of the City of San Angelo a unit price contract and related documents for the purchase of EMS medical supplies. Section 2. This Resolution shall be effective from its date of adoption. PASSED, APPROVED AND ADOPTED THIS DAY OF , 2012. CITY OF SAN ANGELO, TEXAS ATTEST: Alvin New, Mayor Alicia Ramirez, City Clerk APPROVED AS TO CONTENT APPROVED AS TO FORM Scott Farris, Assistant Fire Chief . Lysia H. Bowling, City Attorney

CITY OF SAN ANGELOBid Sheet RFB No: RFB-FD-01-12/EMS Supplies / June 18, 2012 2:00pm

Y:\12-RFX\Fire Dept\FD0112 EMS Supplies\Bid Tab FD0112 final Page 1 of 6

Product ID

Name Product Description UnitEst Qty

Price Each Extended Price Price Each Extended PricePrice Each

Extended

Price Price Each Extended Price1100 Atropine Sulfate Medication, 10ml prefilled 0.1mg/ml Each 100 $2.40 240.00 4.26$ 426.00 - - 1101 Benadryl Medication, 1ml prefilled 50mg Each 130 $0.91 118.30 1.04$ 135.20 - - 1102 Nasal Spray Medication, Afrin Each 69 $5.52 380.88 5.82$ 401.58 - - 1103 Charcoal Activated Medication, 25g/120ml Each 95 $7.08 672.60 14.82$ 1,407.90 - - 1104 D5W w/Lidocaine Medication, 4mg/ml, 250ml bag Each 18 $4.31 77.58 4.98$ 89.64 - - 1105 Dextros 50% Medication 25g/50ml Prefilled 500ml Each 100 $3.02 302.00 3.43$ 343.00 - - 1106 Epinephrine 1:1000 Medication 1mg/ml Ampules Each 1 $1.18 1.18 1.33$ 1.33 - - 1107 Epinephrine 1:10000 Medication, 10ml 0.1mg/ml Prefilled Each 110 $2.35 258.50 2.89$ 317.90 - -

1109 Lasix Medication, Prefilled 22ga x 1.25, 40mg 5 x 4ml syringe, 10mg/ml Each 1 $2.80 2.80 2.52$ 2.52 - -

1110 Lidocaine Medication, 2% HCL 5ml PREFILLED, 100mg/5ml 21g, 1.5" Each 150 $1.89 283.50 2.30$ 345.00 - - 1111 Albuterol Medication, 2.5mg/3ml, 0.083% Each 30 $0.15 4.50 0.17$ 5.10 - - 1112 Naloxone Medication, 2mg/2ml, 2ml Prefilled Each 170 $14.95 2,541.50 15.26$ 2,594.20 - - 1114 Nitrostat Medication, 0.4mg, 25 count Each 32 0.39$ 12.58 8.94$ 286.08 - - 1117 Sodium Bicarb Medication, 50ml PREFILLED, 1mEq/ml, 18g, x 1.5" Each 30 2.80$ 84.00 2.65$ 79.50 - - 1119 Xylocaine Jelly Medication, 2%, 30ml Each 1 9.57$ 9.57 18.85$ 18.85 - - 1120 Asprin Medication, 325mg 2/pack Each 100 0.03$ 3.00 0.04$ 4.00 - - 1121 Labetalol Medication, 4mg/ml, 20mg Carpuject Each 50 3.61$ 180.50 3.30$ 165.00 - - 1122 Versed (Midazolam) Medication, 5mg/ml in 1ml Carpuject Each 50 -$ - 2.23$ 111.50 - - 1125 Amiodarone Medication, 150mg Prefilled (new) Each 150 1.71$ 256.50 9.61$ 1,441.50 - - 1126 Amiodarone Medication, 300mg Prefilled (new) Each 150 -$ - -$ - - - 1128 Glutose Gel Medication, Glutose Gel 3ct pack Each 100 3.86$ 386.00 3.44$ 344.00 - - 1129 Solu-Medrol Medication, Solu-Medrol 125mg ACT-O-Vial Each 90 5.93$ 533.70 6.68$ 601.20 - - 1130 Morphine Sulfate Medication, Morphine Sulfate 2mg/ml 1ml Carpuject Each 1 1.20$ 1.20 1.07$ 1.07 - - 1139 Adenosine 3mg/ml Medication, 3mg/ml 2ml Single Dose Vial Each 22 6.15$ 135.30 7.30$ 160.60 - - 1143 Magnesium Sulfate Medication, 5g/10ml 18ga Needle Each 1 4.35$ 4.35 2.66$ 2.66 - -

1146Promethazine 25mg AMP (Phenegran)

Medication, Promethazine 25mg/1ml Amp Each 20 1.30$ 26.00 1.77$ 35.40 - -

1153 Sodium Chloride Irrigation Medication, 1000ml Pour Bottle Each 24 1.08$ 25.92 1.12$ 26.88 - - 1154 Sterile Water Medication, 1000ml Pour Bottle Each 58 1.07$ 62.06 1.08$ 62.64 - -

1155 Sodium Chloride 10ml 0.9% flush Medication, Sodium Chloride 10ml .9% Flush in 10cc SyringeBox 100

11 0.38$ 4.18 15.25$ 167.75 - -

1240 Padded Bag for IV Pump and Vent LA Rescue Trauma Attack Pack, 20x13"x11"" Each 1 -$ - 168.54$ 168.54 - -

1250 IV Catheter 14 gauge 1.25 1.25 Jelco ProtectIV"Box 50

1 44.00$ 44.00 80.94$ 80.94 - -

1251 IV Catheter 16 gauge 1.25 Jelco ProtectIV"Box 51

1 44.88$ 44.88 80.94$ 80.94 - -

1252 IV Catheter 10 gauge 3 2.25 J&J Critikon Protective"Box 52

1 -$ - 80.94$ 80.94 - -


50 46.64$ 2,332.00 80.94$ 4,047.00 - -


40 47.52$ 1,900.80 80.94$ 3,237.60 - -


10 48.40$ 484.00 80.94$ 809.40 - -


1 66.64$ 66.64 80.94$ 80.94 - -

1258 Normal Saline 1000 Medication, 1000ml bags Each 1200 0.91$ 1,092.00 0.98$ 1,176.00 - -

QUADMED ZOLL BOUND TREE HENRY SCHEIN



Product ID



Extended

Price Price Each Extended Price


1261 Tourniquets Flat LatexPackage 100

10 8.00$ 80.00 6.55$ 65.50 - -

1262 Trauma Set Y Type Large Bore Mass Infusion SetBox 48

1 -$ - -$ - - -

1263 Veni Guards Adult Veni Guards (adult) 100 per Box Con-Med #730-4432 Box 30 33.23$ 996.90 44.36$ 1,330.80 - -

1264 IV Set 10 drop/ml BaxterClearlink/Inteerlink System Non-DEHP Solution Set w/Duo-Vent Spike EMS 3110

Each 1192 1.64$ 1,954.88 2.03$ 2,419.76 - -

1266 Extension Sets/Saline Locks 6" Amsino Amsafe Extension Set Each 2500 1.30$ 3,250.00 1.34$ 3,350.00 - -

1267 Injection Plugs/Saline Locks w/CapBox 50

40 11.22$ 448.80 74.51$ 2,980.40 - -

1268 Pressure Infuser for 1000 ml Bag IO Use Each 24 11.96$ 287.04 10.87$ 260.88 - -

1270 Hypodermic 18 gauge 1.5"Box 100

1 4.00$ 4.00 3.86$ 3.86 - -

1271 Hypodermic 22 gauge 1.5"Box 100

1 5.00$ 5.00 3.85$ 3.85 - -

1272 Hypodermic 25 gaugeBox 100

1 5.00$ 5.00 3.86$ 3.86 - -

1273 Syringe Locktip 10cc 10cc B-D LurlockBox 50

2 5.64$ 11.28 10.37$ 20.74 - -

1274 Syringes 3cc 22 gauge, 1"Box 50

1 5.05$ 5.05 2.64$ 2.64 - -

1278 Microtainte Lancets Unistik 2Box 200

12 32.62$ 391.44 21.63$ 259.56 - -

1279 Carpuject Unit Each 2 0.02$ 0.04 0.02$ 0.04 - - 1280 Intraosseous Needle Each 1 8.62$ 8.62 10.92$ 10.92 - -

1281 Scalp Vein Butterfly Set 23Box 50

1 23.05$ 23.05 45.86$ 45.86 - -

1282 Syringe Monoject TB 1ccSyringe, Monoject, TB, 1 cc, 27 ga x 1/2 in., with detachable needle, sterile

Box 50

1 6.34$ 6.34 3.86$ 3.86 - -

1289 Smartsite Half Set Latex Free Smartsite Half Set Each 1 5.20$ 5.20 -$ - - - 1290 Smartsite Nitro Infusion Set Medsystem III #10011433, Nitro Pump Tubing Each 1 -$ - -$ - - - 1291 Smartsite Infusion Set Medsystem III #28034E pump tubing Each 1 6.22$ 6.22 7.33$ 7.33 - -

1292 EZ-IO PD 15G IO Needle EZ-IO by Vidacare, PD 15G IO Needle Set, Part #6515-01-537-9013 Box 5 4 -$ - -$ - - -

1293 EZ-IO AD 15G IO Needle EZ-IO by Vidacare, AD 15G IO Needle Set, Part #9001 Box 5 5 -$ - -$ - - -

1338 Defibrillation Electrodes Adult AED Cardiac Science Ref# 9131 Each 1 17.99$ 17.99 31.05$ 31.05 - -

1339 Defibrillation Electrodes Child AED Cardiac Science Ref# 9730 Each 1 29.64$ 29.64 70.97$ 70.97 - -

1340 Zoll EKG Paper Zoll M Series Flat Fold Paper Each 60 4.76$ 285.60 3.25$ 195.00 - 2.81$ 168.75 1341 Zoll Adult Combo Pads Zoll Adult Combo Pads, 10ct Box Box 2 144.60$ 289.20 155.44$ 310.88 - 359.25$ 718.50 1342 Zoll Pedi Combo Pads Zoll Pedi Combo Pads, 10ct Box Box 2 144.60$ 289.20 177.41$ 354.82 - 186.75$ 373.50 1343 Codemaster 100 carrying case Each 1 -$ - -$ - - -

1344 Zoll Adult Reusable SP O2 Sensor Each 1 -$ - 245.32$ 245.32 - 221.25$ 221.25

1349 Electrodes Pediatric Huggables Conmed Each 22 0.16$ 3.52 0.31$ 6.82 - - 1350 Electrodes NDM, ConMed Ref 01-3630, 10/Box Each 250 -$ - 0.26$ 65.00 - - 1357 ECG Cable ECG Cable for Codemaster 100, 3 Wire Each 1 190.54$ 190.54 277.19$ 277.19 - - 1360 Defib Jelly 50 - 100g tubes Each 1 -$ - 1.80$ 1.80 - 56.25$ 56.25

1361Defibulator Pads R2 HP multifunction

Kimberly Clark ref#3200-1715-R12443A Each 1 14.64$ 14.64 15.63$ 15.63 - -



Product ID



Extended



1362Zoll E Series Monitor CPR Pads Stat Padz 1209A

CPR Stat Padz HVP Multi-Function CPR electrodes Box 8 4 512.24$ 2,048.96 498.89$ 1,995.56 - 436.80$ 1,747.20

1370 Zoll E Series ACLS manual Defibrillator with all cables and CAPNO 5 sidestream Each 1 -$ - -$ - - $ 14,908.50 14,908.50

1371 Zoll X Series ACLS manual d fib ill t *

Defibrillator with all cables Each 1 -$ - -$ - - 27,083.37$ 27,083.37

1379 Battery fo Codemaster Each 1 143.29$ 143.29 -$ - - - 1380 Battery for Zoll M series Each 1 63.72$ 63.72 133.06$ 133.06 - 105.00$ 105.00 1381 Zoll O2 Set Pulse Oximetry Each 1 -$ - -$ - - 258.75$ 258.75 1401 Coveralls 1x 1.25oz Polyproylene w/Hood Attached Each 1 2.66$ 2.66 4.32$ 4.32 - - 1402 Coveralls 2x 1.25oz Polypropylene w/Attached Hood Each 1 2.69$ 2.69 4.54$ 4.54 - -

1403 Face Shield w/MaskBox 25

1 13.89$ 13.89 22.18$ 22.18 - -

1404 Gloves XL Synetron Microflex Synetron Box 35 11.19$ 391.65 10.56$ 369.60 - - 1405 Gloves LG Synetron Microflex Synetron Box 80 11.19$ 895.20 10.56$ 844.80 - - 1406 Gloves Med Synetron Microflex Synetron Box 1 11.19$ 11.19 10.56$ 10.56 - - 1407 Gloves Latex Free XLarge Microflex Supreno EC Nitrile Gloves Box 15 7.54$ 113.10 6.98$ 104.70 - - 1408 Gloves Latex Free Large Microflex Supreno EC Nitrile Gloves Box 49 7.54$ 369.46 6.98$ 342.02 - - 1409 Gloves Latex Free Med Microflex Supreno EC Nitrile Gloves Box 6 7.54$ 45.24 6.98$ 41.88 - - 1411 Peroxide 16oz Bottle Each 50 0.94$ 47.00 0.64$ 32.00 - - 1415 Safety Glasses Adjustable with nose buds Meets ANSI Z87.1 Each 100 6.26$ 626.00 3.34$ 334.00 - - 1417 Pyramex N95 Respirator Mask 20 ct Box, Disposable Particle Respirators Box 1 12.70$ 12.70 -$ - - - 1420 Hand Sanitizer 8oz Each 1 2.20$ 2.20 3.08$ 3.08 - -

1427 Nail Polish Remover PadsBox 100

1 3.21$ 3.21 2.92$ 2.92 - -

1456 Alcohol Preps 200/Box Each 24 1.32$ 31.68 1.20$ 28.80 - - 1550 Gauze 4x4 Non-Sterile Pack 160 2.35$ 376.00 2.86$ 457.60 - - 1551 Gauze 4x4 Sterile Each 1 0.07$ 0.07 0.05$ 0.05 - - 1552 ABD Pads 8x10"" 8 x 10"" Each 1 0.16$ 0.16 0.17$ 0.17 - - 1553 Burn Sheets Each 1 5.49$ 5.49 3.09$ 3.09 - - 1554 Gauze 4 Kling Roll" Each 1 0.13$ 0.13 0.09$ 0.09 - - 1556 Occlusive Dressing Each 1 17.85$ 17.85 0.59$ 0.59 - - 1557 Splints 18 Cardboard" 36ct Box Each 24 0.37$ 8.88 45.01$ 1,080.24 - - 1558 Splints 36 Cardboard" 36ct Box Each 1 0.64$ 0.64 131.77$ 131.77 - - 1559 Tape 1" Hypo-allergenic Cloth Tape Each 100 0.69$ 69.00 0.62$ 62.00 - - 1560 Tape 1/2" Hypo-allergenic Cloth Tape Each 1 0.35$ 0.35 0.35$ 0.35 - - 1561 Tape 2" Hypo-allergenic Cloth Tape Each 1 1.38$ 1.38 1.37$ 1.37 - -

1562 Tongue Depressors WoodBox 100

1 0.99$ 0.99 0.42$ 0.42 - -

1563 Trauma Dressing 10x30"" Each 1 1.03$ 1.03 2.26$ 2.26 - - 1564 Triangle Bandages Each 50 0.22$ 11.00 0.30$ 15.00 - -

1565 BandaidsBox 100

1 2.80$ 2.80 0.79$ 0.79 - -

1566 Foil Baby Bunting Each 5 3.11$ 15.55 3.11$ 15.55 - -

1600Airway Oropharyngeal 100mm Berman

Airway Oropharyngeal 100mm Berman Each 1 0.15$ 0.15 0.15$ 0.15 - -

1601 Airway Nasopharyngeal 22fr Airway Nasopharyngeal 22fr Each 30 2.15$ 64.50 2.17$ 65.10 - - 1602 Airway Nasopharyngeal 24fr Airway Nasopharyngeal 24fr Each 20 2.15$ 43.00 2.17$ 43.40 - - 1603 Airway Nasopharyngeal 26fr Airway Nasopharyngeal 26fr Each 30 2.15$ 64.50 2.17$ 65.10 - - 1604 Airway Nasopharyngeal 28fr Airway Nasopharyngeal 28fr Each 50 2.15$ 107.50 2.17$ 108.50 - - 1605 Airway Nasopharyngeal 32fr Airway Nasopharyngeal 32fr Each 50 2.15$ 107.50 2.17$ 108.50 - - 1606 Airway Nasopharyngeal 34fr Airway Nasopharyngeal 34fr Each 50 2.20$ 110.00 2.17$ 108.50 - -





Product ID



Extended





1609 Ammonia Capsules 10/Box Each 80 0.24$ 19.20 0.20$ 16.00 - - 1610 Bulb Syringes 2oz Ear Each 1 0.92$ 0.92 0.72$ 0.72 - - 1611 Easy Cap Easy Cap II, Tyco Healthcare 065284A-0802 Each 50 9.60$ 480.00 8.98$ 449.00 - - 1612 ET 2.5 Uncuffed Each 1 1.17$ 1.17 0.90$ 0.90 - - 1613 ET 3.0 Uncuffed Each 22 0.60$ 13.20 0.90$ 19.80 - - 1615 ET 4.0 Uncuffed Each 22 0.60$ 13.20 0.90$ 19.80 - - 1617 ET 5.0 Uncuffed Each 1 0.60$ 0.60 0.90$ 0.90 - - 1619 ET 6.0 Cuffed Each 25 0.76$ 19.00 0.90$ 22.50 - - 1621 ET 7.0 Cuffed Each 1 0.76$ 0.76 0.95$ 0.95 - - 1622 ET 7.5 Cuffed Each 100 0.76$ 76.00 0.95$ 95.00 - - 1623 ET 8.0 Cuffed Each 50 0.76$ 38.00 0.95$ 47.50 - - 1624 ET 9.0 Cuffed Each 1 0.76$ 0.76 0.73$ 0.73 - -

1625 O2 Mask Non-Rebreather AdultMEDIUM CONENTRATION MASK 7' TUBING, Must be eValueMed Part#301-181

Each 1400 0.81$ 1,134.00 0.81$ 1,134.00 - -

1628 Stylette Adult 25/Box Box 2 3.30$ 6.60 74.76$ 149.52 - - 1629 Stylet Small/Medium 25/Box Box 2 3.30$ 6.60 74.76$ 149.52 - - 1630 Suction Catheter 10fr Each 1 0.38$ 0.38 0.34$ 0.34 - - 1631 Suction Catheter 14fr Each 20 0.38$ 7.60 0.34$ 6.80 - -

1632 Suction Tips Yankaver suction instrument with bulb tip and vacuum control Each 100 0.42$ 42.00 0.56$ 56.00 - -

1633 Suction Tubing 1/4 x 6'" Each 20 1.22$ 24.40 0.75$ 15.00 - - 1637 Bite Block Each 2 3.65$ 7.30 0.21$ 0.42 - - 1638 Disposable Suction Containers Bemis 1200cc Catalog#484410-209 Each 50 3.33$ 166.50 2.82$ 141.00 - -

1639 EID Esophageal Intubation Detector Each 1 1.96$ 1.96 3.11$ 3.11 - -

1641 O2 Nasal Cannula Adult 7' tubing Each 700 0.25$ 175.00 0.27$ 189.00 - - 1642 O2 Nasal Cannula Child 7' tubing Each 1 5.22$ 5.22 0.37$ 0.37 - - 1645 BAAM Airway Monitor Each 10 6.10$ 61.00 8.40$ 84.00 - -

1647 O2 Mask Non-rebreather PediatricO2 MASK NON-REBREATHER PEDIATRIC, Must be MedSource MS-25058

Each 50 1.26$ 63.00 0.95$ 47.50 - -

1648 Nebulizer Small volume w/mouthpiece, tee, flex tube, 7' kink resistant tubing Each 200 0.63$ 126.00 0.73$ 146.00 - -

1650 Supraglottic Airway Kit Size 2 Each 1 29.05$ 29.05 32.16$ 32.16 - - 1651 Supraglottic Airway Kit Size 2.5 Each 1 29.05$ 29.05 32.16$ 32.16 - - 1652 Supraglottic Airway Kit Size 3 Each 36 32.45$ 1,168.20 30.50$ 1,098.00 - - 1653 Supraglottic Airway Kit Size 4 Each 12 32.45$ 389.40 30.50$ 366.00 - - 1654 Supraglottic Airway Kit Size 5 Each 36 32.45$ 1,168.20 30.50$ 1,098.00 - - 1655 Endotracheal Tube Holder Pedi Each 1 2.71$ 2.71 2.51$ 2.51 - -

1656 Endotracheal Tube Holder Adult Each 172 2.71$ 466.12 2.54$ 436.88 - -

1665 Bag Valve Mask Adult Each 96 9.46$ 908.16 9.24$ 887.04 - - 1666 Bag Valve Mask Infant Each 12 14.58$ 174.96 9.24$ 110.88 - - 1667 Bag Valve Mask Toddler Each 24 14.58$ 349.92 9.24$ 221.76 - - 1668 ET 2.0 Uncuffed Each 44 1.30$ 57.20 0.95$ 41.80 - - 1670 Ventilation Circuit for Autovent For Autovent, LSP L909005-154 Each 1 11.75$ 11.75 4.72$ 4.72 - - 1673 V-Vac Manual Suction Each 1 72.50$ 72.50 67.53$ 67.53 - - 1690 Oxygen/Airway Bag Iron Duck Breathsaver Plus, Green Each 4 200.61$ 802.44 176.15$ 704.60 - - 1691 O2 Cylinder Sleeve for COT Each 1 19.44$ 19.44 32.49$ 32.49 - - 1695 Airway Adapter Kit For Supraglottic/King Airway Each 11 134.15$ 1,475.65 -$ - - -

1696 Nasal CO2 Sampling Cannula Adult Each 1 12.20$ 12.20 -$ - - -



Product ID



Extended



1697 Nasal CO2 w/ O2 Cannula Adult Each 1 2.68$ 2.68 -$ - - - 1698 O2 Wrench Each 12 0.19$ 2.28 2.89$ 34.68 - - 1700 Backboard Straps All Vinyl w/Plastic Clips Each 1 5.19$ 5.19 6.11$ 6.11 - - 1705 Ferno Model 65 Stretcher Scoop Model 65 scoop from Ferno Each 2 -$ - 537.09$ 1,074.18 - - 1707 Prosplints Kit Adult Each 1 120.03$ 120.03 128.57$ 128.57 - - 1708 Prosplints Kit Child Each 1 217.08$ 217.08 53.17$ 53.17 - - 1709 Sager Traction Splint Bilateral Each 2 323.18$ 646.36 207.35$ 414.70 - - 1710 Pedi Board Each 1 67.69$ 67.69 177.96$ 177.96 - - 1711 Pro-Echo Backboard w/lettering Each 1 -$ - 90.70$ 90.70 - - 1712 Prosplints Adult Combo Med Spec Prosplints Adult Replacement Combo Each 1 -$ - 19.46$ 19.46 - - 1713 Prosplints Adult Large Leg Med Spec Prosplints Adult Replacement Large Leg Each 1 31.71$ 31.71 30.50$ 30.50 - - 1714 Prosplints Adult Small Leg Med Spec Prosplints Adult Replacement Small Leg Each 1 27.44$ 27.44 26.34$ 26.34 - - 1715 Prosplints Adult Large Arm Med Spec Prosplints Adult Replacement Large Arm Each 1 15.31$ 15.31 14.64$ 14.64 - - 1716 Prosplints Adult Small Arm Med Spec Prosplints Adult Replacement Small Arm Each 1 14.64$ 14.64 14.08$ 14.08 - -

1717 Prosplints Adult Wrist/Forearms Med Spec Prosplints Adult Replacement Wrist/Forearm Each 1 8.97$ 8.97 8.77$ 8.77 - -

1718 Prosplints Adult Rib Restraint Med Spec Prosplints Adult Replacement Rib Restraint Each 1 19.40$ 19.40 19.22$ 19.22 - - 1721 Prosplints Child Combo Med Spec Prosplints Child Replacement Combo Each 1 217.08$ 217.08 12.05$ 12.05 - - 1722 Prosplints Child Leg Med Spec Prosplints Child Replacement Leg Each 1 17.38$ 17.38 14.70$ 14.70 - - 1723 Prosplints Child Arm Med Spec Prosplints Child Replacement Arm Each 1 15.25$ 15.25 9.15$ 9.15 - - 1724 Prosplints Child Wrist/Forearm Med Spec Prosplints Child Replacement Wrist/Forearm Each 1 5.07$ 5.07 4.65$ 4.65 - - 1730 CID Sets w/CID, Blocks, Head Straps, Ferno comparable Each 10 -$ - 75.68$ 756.80 - - 1750 C-Collar Baby No Neck Each 10 3.54$ 35.40 3.05$ 30.50 - - 1751 C-Collar No-Neck Each 150 3.54$ 531.00 3.05$ 457.50 - - 1752 C-Collar Pedi Each 1 3.54$ 3.54 3.05$ 3.05 - - 1753 C-Collar Regular Each 50 3.54$ 177.00 3.05$ 152.50 - - 1754 C-Collar Short Each 1 3.54$ 3.54 3.05$ 3.05 - - 1755 C-Collar Tall Each 1 3.54$ 3.54 3.05$ 3.05 - - 1801 Streamlight SL20 XP AC/DC Model 20 XP Each 1 87.27$ 87.27 80.08$ 80.08 - -

1802 Laerdal Portable Suction Unit (LSU) Each 1 455.80$ 455.80 684.66$ 684.66 - -

1804 Laryngoscope Bulbs Small Each 2 1.25$ 2.50 1.11$ 2.22 - - 1805 Laryngoscope Bulbs Large Each 1 1.25$ 1.25 1.11$ 1.11 - - 1806 Laryngoscope Macintosh 1 Each 1 3.05$ 3.05 10.79$ 10.79 - - 1807 Laryngoscope Macintosh 2 Each 1 3.05$ 3.05 10.79$ 10.79 - - 1808 BP Cuff Adult Arm Each 15 6.72$ 100.80 6.06$ 90.90 - - 1809 BP Cuff Adult Thigh Each 1 7.37$ 7.37 8.85$ 8.85 - - 1810 BP Cuff Child Arm Each 1 7.37$ 7.37 6.06$ 6.06 - - 1811 BP Cuff Infant Arm Each 2 7.37$ 14.74 6.06$ 12.12 - - 1812 Laryngoscope Macintosh 3 Each 3 3.05$ 9.15 10.79$ 32.37 - - 1813 Laryngoscope Macintosh 4 Each 1 3.05$ 3.05 10.79$ 10.79 - - 1814 Laryngoscope Miller 0 Each 3 3.05$ 9.15 10.79$ 32.37 - - 1815 Laryngoscope Miller 1 Each 1 3.05$ 3.05 10.79$ 10.79 - - 1816 Laryngoscope Miller 2 Each 1 3.05$ 3.05 21.96$ 21.96 - - 1817 Laryngoscope Miller 3 Each 1 3.05$ 3.05 10.79$ 10.79 - - 1818 Laryngoscope Miller 4 Each 1 3.05$ 3.05 10.79$ 10.79 - - 1819 Laryngoscope Handle Med Each 2 9.15$ 18.30 15.92$ 31.84 - - 1820 Laryngoscope Handle Pedi Each 1 9.15$ 9.15 15.92$ 15.92 - - 1821 Penlights Diagnostic Penlights, Disposable Each 1 0.69$ 0.69 0.77$ 0.77 - - 1823 Shears Regular Paramedic Shears SS Autoclavable, One Serrated Each 120 0.97$ 116.40 0.88$ 105.60 - - 1824 Litman Classic II 3M Littman Classic 2 SE 28 Stethescope" Each 10 30.98$ 309.80 62.87$ 628.70 - - 1825 Magill Forceps Child Each 1 2.80$ 2.80 3.39$ 3.39 - - 1826 Magill Forceps Adult Each 1 3.66$ 3.66 3.39$ 3.39 - -



Product ID



Extended



1829 CID Replacement Base Ferno Comparable Each 1 -$ - 44.72$ 44.72 - - 1834 Spider Strap Set Each 1 57.93$ 57.93 46.24$ 46.24 - - 1835 Ferno KED Extraction Device Ferno#125, KED w/Straps and Bag Each 2 -$ - 75.68$ 151.36 - - 1836 Super D O2 Cylinder Each 1 67.37$ 67.37 78.67$ 78.67 - - 1837 Zoll All Purpose Adult Cuff Each 5 45.13$ 225.65 31.23$ 156.15 - 27.75$ 138.75 1870 Ring Cutter Each 5 5.47$ 27.35 5.55$ 27.75 - - 1871 Ring Cutter Blades Each 1 1.32$ 1.32 1.20$ 1.20 - - 1872 Metal Clipboard Legal Size, 11 x 18"" Each 5 26.00$ 130.00 17.77$ 88.85 - - 1873 Oxygen Flowmeter 0 - 15 LPM Each 1 29.76$ 29.76 26.56$ 26.56 - - 1874 Oxygen Regulator Single O2 regulator, single port, brass, EMS USA 5103591 Each 10 74.26$ 742.60 57.61$ 576.10 - - 1875 Oxygen Regulator Dual Rhino LSP 2 High Flow Ports, Model L370-250 Each 1 151.63$ 151.63 140.82$ 140.82 - - 1876 Airway Start Kit Bag Airway Start Kit Bag Each 1 2.07$ 2.07 21.96$ 21.96 - - 1877 CID Chin Straps Ferno Comparable Each 1 -$ - 17.51$ 17.51 - - 1878 CID Blocks Ferno Comparable Each 1 -$ - 36.00$ 36.00 - - 1883 Dolphin Sheet Patient Transfer Each 5 -$ - 78.06$ 390.30 - -

1898 Twist Loks (Red)Pack 100

20 15.80$ 316.00 15.97$ 319.40 - -

1899 Triage Tags Each 1 0.80$ 0.80 0.77$ 0.77 - - 1900 Bed Pans Each 24 0.87$ 20.88 0.92$ 22.08 - - 1902 Emmissis Bags Each 816 0.41$ 334.56 1.11$ 905.76 - - 1918 Sharps Container 5 Quart Trans. Red with MailBox Lid 10.75x4.75x11 Each 50 4.12$ 206.00 4.09$ 204.50 - - 1924 Precision XTRA Each 20 -$ - 0.19$ 3.80 - - 1925 Precision XTRA Test Strips Test Strips for Precision, Box of 25 Each 65 0.41$ 26.65 9.48$ 616.20 - - 1926 Precision Xtra Control Solution Precision Test Solution, 2 count Each 10 8.42$ 84.20 7.65$ 76.50 - - 1956 Broselow Tape Each 1 -$ - -$ - - - 1960 Cold Packs Single Use Instant Cold Compact Each 1 0.25$ 0.25 0.27$ 0.27 - - 1961 OB Kits Disposable Each 10 0.52$ 5.20 6.16$ 61.60 - - 1966 Trauma/Drug Box Plano Model 727 Each 2 -$ - 50.29$ 100.58 - - 1967 Drug Box 19.5Lx10.25"Wx15"H EMP# PM2274" Each 2 118.74$ 237.48 113.73$ 227.46 - -

1970 Cot Restraints 5' Vinyl 5' Vinyl Strap w/Seat Belt Buckle Type Closure Each 1 -$ - 10.54$ 10.54 - -

* or equivelent 13,186 Total= 42,678.07$ Total= 55,906.58$ Total= 45,779.82$

Delivery 2-3 DAYS 2 Days 60-90 Days

Allow Piggy-Back Yes Yes Yes

Payment Discounts 0 0 0

Is this a purchasing Co-Op No No Yes (HGAC) except for "X" Series

RFB Sent To:

Henry Schein /Matrx Medical Irmo, S.C.

Quad Med Jacksonville, FL

Boundtree medical Dublin, OH

Emergency Medical Products Waukesha, WI

Moore Medical Farmington, CT

Life Assist, inc Rancho Cordova, CA

Zoll Medical Chelmsford, MA

BID NOT SIGNED

PURCHASE AGREEMENT

This Agreement is entered into this ___ day of ____________, 2012 (but effective as of

___________________) by and between the City of San Angelo, a municipal corporation of the

State of Texas (“City”) and ZOLL Medical Corporation, a Massachusetts corporation,

(“Provider”), (each a “Party” or collectively the “Parties”).

RECITAL

A. City has issued a Request for Bid RFB No. FD-01-12 Fire Department

EMS Supplies (“RFB FD-01-12”) to acquire on a unit purchase basis emergency medical

equipment and supplies for use by the Fire Department in providing emergency medical services

(“Supplies”) and Provider’s proposal, in response thereto, has been selected as the most qualified

proposal for unit purchasing of those certain Supplies bid by Provider as specifically described

and set forth in Exhibit “A” hereto, which by this reference is incorporated herein and made a

part hereof as fully as if set forth.

B. On September 4, 2012, the City Council of City of San Angelo, approved the

selection of Provider and authorized the City Manager to execute a contract, under the terms and

conditions set forth herein.

NOW, THEREFORE, in consideration of the mutual covenants and promises herein

contained, Provider and City agree as follows:

TERMS

1. RECITALS: The recitals are true and correct and are hereby incorporated into and

made a part of this Agreement.

2

2. TERM: The term of this Agreement shall be one (1) year commencing on the

September 4, 2012, being the effective date hereof.

3. OPTION TO EXTEND: City shall have one (1) option to extend the term hereof for a

period of one (1) year, subject to availability and appropriation of funds and to the consent of

Provider.

4. SCOPE:

A. Provider agrees to provide Supplies as specifically described, and set forth in

Exhibit “A” hereto, and under the special terms and conditions set forth in RFB No. FD-01-12,

which by this reference is incorporated herein and made a part hereof as fully as if set forth.

B. Provider shall stock sufficient quantities of Supplies to meet the requirements of

City on as “as needed” basis within fourteen (14) day after being notified of such requirements

by City.

5. PRICING:

A. The unit prices and percentage discounts of Supplies specified and set forth in

Exhibit “A” herein will remain firm for the period of this Agreement and for any renewal terms.

B. Provider shall supply City, on an “as needed” basis, Supplies as specifically

described, and at the prices and discounts specified and set forth in Exhibit “A” hereto, and under

the special terms and conditions set forth in RFB No. FD-01-12.

C. Unless otherwise specifically provided in Exhibit “A”, payment shall be made

within thirty (30) days after receipt of Provider’s invoice, which shall be accompanied by

sufficient supporting documentation and contain sufficient detail, to allow a proper audit of

expenditures, should City require one to be performed.

3

D. Supplies shall be F.O.B. delivered to City. Title to and risk of loss of Supplies

shall not pass to City until City actually receives and takes possession of Supplies at the point or

points of delivery.

E. If Supplies are not delivered by the promised delivery date, City may elect to

charge a 1 ½ % late charge for each item that is thirty (30) days past the promised delivery date.

All orders shall be shipped complete.

6. OWNERSHIP OF DOCUMENTS: Provider understands and agrees that any

information, document, report or any other material whatsoever which is given by City to

Provider or which is otherwise obtained or prepared by Provider pursuant to or under the terms

of this Agreement is and shall at all times remain the property of City. Provider agrees not to use

any such information, document, report or material for any other purpose whatsoever without the

written consent of City, which may be withheld or conditioned by City in its sole discretion.

7. AUDIT AND INSPECTION RIGHTS: City may, at reasonable times, and for a

period of up to three (3) years following the date of final payment by City to Provider under this

Agreement, audit, or cause to be audited, those books and records of Provider which are related

to Provider’s performance under this Agreement. Provider agrees to maintain all such books and

records at its principal place of business for a period of three (3) years after final payment is

made under this Agreement.

8. AWARD OF AGREEMENT: Provider represents and warrants to City that it has

not employed or retained any person or company employed by City to solicit or secure this

Agreement and that it has not offered to pay, paid, or agreed to pay any person any fee,

percentage, brokerage fee, or gift of any kind contingent upon or in connection with, the award

of this Agreement..

4

9. PUBLIC RECORDS: Provider understands that the public shall have access, at all

reasonable times, to all documents and information pertaining to City contracts, subject to the

provisions of Chapter 552, Texas Government Code, and agrees to allow access by City and the

public to all documents subject to disclosure under applicable law. Provider’s failure or refusal

to comply with the provisions of this section shall result in the immediate cancellation of this

Agreement by City.

10. COMPLIANCE WITH FEDERAL, STATE AND LOCAL LAWS: Provider

understands that agreements between private entities and local governments are subject to certain

laws and regulations, including laws pertaining to public records, conflict of interest, record

keeping, etc. City and Provider agree to comply with and observe all applicable laws, codes and

ordinances as they may be amended from time to time.

11. INDEMNIFICATION: Provider shall indemnify, defend and hold harmless City

and its officials, employees and agents (collectively referred to as “Indemnitees”) and each of

them from and against all loss, costs, penalties, fines, damages, claims, expenses (including

attorney’s fees) or liabilities (collectively referred to as “Liabilities”) by reason of any injury to

or death of any person or damage to or destruction or loss of any property arising out of,

resulting from, or in connection with (i) the performance or non-performance of the services

contemplated by this Agreement which is or is alleged to be directly or indirectly caused, in

whole or in part, by any act, omission, default or negligence (whether active or passive) of

Provider or its employees, agents or subproviders (collectively referred to as “Provider”),

regardless of whether it is, or is alleged to be, caused in whole or part (whether joint, concurrent

or contributing) by any act, omission, default or negligence (whether active or passive) of the

Indemnitees, or any of them or (ii) the failure of the Provider to comply with any of the

5

paragraphs herein or the failure of the Provider to conform to statutes, ordinances, or other

regulations or requirements of any governmental authority, federal or state, in connection with

the performance of this Agreement. Provider expressly agrees to indemnify and hold harmless

the Indemnitees, or any of them, from and against all liabilities which may be asserted by an

employee or former employee of Provider, or any of its sub-providers, as provided above, for

which the Provider’s liability to such employee or former employee would otherwise be limited

to payments under state Workers’ Compensation or similar laws.

12. DEFAULT: If Provider fails to comply with any term or condition of this Agreement,

or fails to perform any of its obligations hereunder, then Provider shall be in default. Upon the

occurrence of a default hereunder City, in addition to all remedies available to it by law, may

immediately, upon written notice to Provider, terminate this Agreement whereupon all payments,

advances, or other compensation paid by City to Provider while Provider was in default shall be

immediately returned to City. Provider understands and agrees that termination of this

Agreement under this section shall not release Provider from any obligation accruing prior to the

effective date of termination. Should Provider be unable or unwilling to commence to perform

the Services within the time provided or contemplated herein, then, in addition to the foregoing,

Provider shall be liable to City for all expenses incurred by City in preparation and negotiation of

this Agreement, as well as all costs and expenses incurred by City in the re-procurement of the

Services, including consequential and incidental damages.

13. RESOLUTION OF CONTRACT DISPUTES: Provider understands and agrees that

all disputes between Provider and City based upon an alleged violation of the terms of this

Agreement by City shall be submitted to the City Manager for his/her resolution, prior to

Provider being entitled to seek judicial relief in connection therewith. In the event that the

6

amount of compensation hereunder exceeds $25,000.00, the City Manager’s decision shall be

approved or disapproved by City Council. Provider shall not be entitled to seek judicial relief

unless: (i) it has first received the City Manager’s written decision, approved by City Council if

the amount of compensation hereunder exceeds $25,000.00, or (ii) a period of sixty (60) days has

expired, after submitting to the City Manager a detailed statement of the dispute, accompanied

by all supporting documentation (90 days if the City Manager’s decision is subject to City

Council approval); or (iii) City has waived compliance with the procedure set forth in this

section by written instruments, signed by the City Manager.

14. TERMINATION: Either Party may terminate this Agreement by giving written notice

to the other Party at least sixty (60) business days prior to the effective date of such termination.

15. INSURANCE: Provider shall, at all times during the term hereof, maintain such

insurance coverage as may be required by City. All such insurance, including renewals, shall be

subject to the approval of City for adequacy of protection and evidence of such coverage shall be

furnished to City on Certificates of Insurance indicating such insurance to be in force and effect

and providing that it will not be canceled during the performance of the services under this

contract without thirty (30) calendar days prior written notice to City. Completed Certificates of

Insurance shall be filed with City prior to the performance of services hereunder, provided,

however, that Provider shall at any time upon request file duplicate copies of the policies of such

insurance with City.

If, in the judgment of City, prevailing conditions warrant the provision by Provider of

additional liability insurance coverage or coverage which is different in kind, City reserves the

right to require the provision by Provider of an amount of coverage different from the amounts or

kind previously required and shall afford written notice of such change in requirements thirty

7

(30) days prior to the date on which the requirements shall take effect. Should the Provider fail

or refuse to satisfy the requirement of changed coverage within thirty (30) days following City’s

written notice, this Contract shall be considered terminated on the date that the required change

in policy coverage would otherwise take effect.

16. INDEMNIFICATION

GENERAL INDEMNIFICATION. PROVIDER AGREES TO INDEMNIFY, DEFEND,

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 PROVIDER 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 PROVIDER, ITS AGENTS OR EMPLOYEES,

OR THE JOINT NEGLIGENCE OF PROVIDER 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 PROVIDER HEREUNDER. THIS

INDEMNIFICATION SHALL SURVIVE THE TERM OF THIS AGREEMENT AS LONG AS

ANY LIABILITY COULD BE ASSERTED. NOTHING HEREIN SHALL REQUIRE

PROVIDER TO INDEMNIFY, DEFEND, OR HOLD HARMLESS ANY INDEMNIFIED

PARTY FOR THE INDEMNIFIED PARTY’S OWN GROSS NEGLIGENCE OR WILLFUL

MISCONDUCT.

PROSPECTIVE APPLICATION. ANY AND ALL INDEMNITY PROVIDED FOR IN

THIS AGREEMENT SHALL SURVIVE THE EXPIRATION OF THIS AGREEMENT AND

THE DISCHARGE OF ALL OTHER OBLIGATIONS OWED BY THE PARTIES TO EACH

OTHER HEREUNDER AND SHALL APPLY PROSPECTIVELY NOT ONLY DURING THE

8

TERM OF THIS AGREEMENT BUT THEREAFTER SO LONG AS ANY LIABILITY

(INCLUDING BUT NOT LIMITED TO LIABILITY FOR CLOSURE AND POST CLOSURE

COSTS) COULD BE ASSERTED IN REGARD TO ANY ACTS OR OMISSIONS OF

PROVIDER IN PERFORMING UNDER THIS AGREEMENT.

RETROACTIVE APPLICATION. THE INDEMNITY PROVIDED FOR IN THIS

AGREEMENT SHALL EXTEND NOT ONLY TO CLAIMS AND ASSESSMENTS

OCCURRING DURING THE TERM OF THIS AGREEMENT BUT RETROACTIVELY TO

CLAIMS AND ASSESSMENTS WHICH MAY HAVE OCCURRED DURING THE TERM

OF PREVIOUS AGREEMENTS BETWEEN CITY AND PROVIDER.

17. INSURANCE:

A. GENERAL CONDITIONS. The following conditions shall apply to all

insurance policies obtained by Provider for the purpose of complying with this Agreement.

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.

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

the name of Provider, 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.

3) Waiver of Subrogation. Provider 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.

4) Certificates of Insurance. At or before the time of execution of this

Agreement, Provider shall furnish City’s Risk Manager with certificates of insurance as

9

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, Provider 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 W.

College Avenue, San Angelo, Texas 76903.

5) Provider’s Liability. The procurement of such policy of insurance shall not

be construed to be a limitation upon Provider’s liability or as a full performance on its

part of the indemnification provisions of this Agreement. Provider’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 or upon the premises.

Failure of Provider to maintain adequate coverage shall not relieve Provider of any

contractual responsibility or obligation.

6) Sub-providers’ Insurance. Provider shall cause each Sub-Provider and

Sub-Sub-Provider of Provider to purchase and maintain insurance of the types and in the

amounts specified below. Provider shall require Sub-providers and Sub-Sub-Providers to

10

furnish copies of certificates of insurance to Provider’s Risk Manager evidencing

coverage for each Sub-Provider and Sub-Sub-Provider.

B. TYPES AND AMOUNTS OF INSURANCE REQUIRED. Provider shall

obtain and continuously maintain in effect at all times during the term hereof, at Provider’s sole

expense, insurance coverage as follows with limits not less than those set forth below:

1) Commercial General Liability. This policy shall be an occurrence-type

policy and shall protect the Provider and additional insureds against all claims arising

from bodily injury, sickness, disease or death of any person (other than the Provider’s

employees) and damage to property of the City or others arising out of the act or

omission of the Provider or its agents and employees. This policy shall also include

protection against claims for the contractual liability assumed by Provider 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 providers (to remain in

force for two years after final payment). Coverage limits shall not be less than:

$ 2,000,000.00 General Aggregate

$ 1,000,000.00 Products – Completed Operations

$ 1,000,000.00 Personal & Advertising Injury

$,1,000,000.00 Each Occurrence

C. DEFINITIONS.

“CITY” can also be known as “owner” “Vendor” can also be known as “Vendor” “Provider” or “Professional” “CONTRACT” can also be known as “Agreement” or “Contract”

11

“PREMISES” can also be known as “Contracted Premises”

18. NONDISCRIMINATION: Provider represents and warrants to City that Provider does

not and will not engage in discriminatory practices and that there shall be no discrimination in

connection with Provider’s performance under this Agreement on account of race, color, sex,

religion, age, handicap, marital status or national origin. Provider further covenants that no

otherwise qualified individual shall, solely by reason of his/her race, color, sex, religion, age,

handicap, marital status or national origin, be excluded from participation in, be denied services,

or be subject to discrimination under any provision of this Agreement.

19. HISTORICALLY UNDERUTILIZED BUSINESSES PROCUREMENT

PROGRAM: City has established a Historically Underutilized Businesses Procurement

Program (“HUB Program”) designed to increase the volume of City procurement and agreements

with minorities and women-owned businesses. Provider understand and agrees that City shall

have the right to terminate and cancel this Agreement, without notice or penalty to City, and to

eliminate Provider from consideration and participation if future City contracts if Provider, in the

preparation and/or submission of the Proposal, submitted false or misleading information as to its

status as a minority and/or a woman-owned business and/or the quality and/or type of minority

or woman-owned business participation.

20. ASSIGNMENT: This Agreement shall not be assigned by Provider, in whole or in

part, without the prior written consent of City, which may be withheld or conditioned, in City’s

sole discretion.

21. NOTICES: All notices or other communications required under this Agreement shall

be in writing and shall be given by hand-delivery or by registered or certified U.S. Mail, return

receipt requested, addressed to the other party at the address indicated herein or to such other

12

address as a party may designate by notice given as herein provided. Notice shall be deemed

given on the day on which personally delivered; or, if by mail, on the fifth day after being posted

or the date of actual receipt, whichever is earlier.

TO CITY: TO PROVIDER:

City of San Angelo ZOLL Medical Corporation Attn: Scot Farris Attn: Darren Dumas 306 W. 1st Street 269 Mill Road San Angelo, Texas 76903 Chelmsford, MA 01824-4105 Phone: (325) 657-4355 Phone: (978) 421-9655 Fax: (325) 655-1644 Fax: (978) 421-0005 Email:[email protected] Email: [email protected]

22. MISCELLANEOUS PROVISIONS:

A. This Agreement shall be construed and enforced according to the laws of the State

of Texas.

B. Title and paragraph headings are for convenient reference and are not a part of

this Agreement.

C. No waiver or breach of any provision of this Agreement shall constitute a waiver

of any subsequent breach of the same or any other provision hereof, and no waiver shall be

effective unless made in writing.

D. Should any provision, paragraph, sentence, word or phrase contained in this

Agreement be determined by a court of competent jurisdiction to be invalid, illegal or otherwise

unenforceable under the laws of the State of Texas or City of San Angelo, such provision,

paragraph, sentence, word or phrase shall be deemed modified to the extent necessary in order to

conform with such laws, or if not modifiable, then same shall be deemed severable, and in either

event, the remaining terms and provisions of this Agreement shall remain unmodified and in full

force and effect or limitation of its use.

13

E. This Agreement constitutes the sole and entire agreement between the parties

hereto. No modification or amendment hereto shall be valid unless in writing and executed by

properly authorized representatives of the parties hereto.

23. SUCCESSORS AND ASSIGNS: This Agreement shall be binding upon the parties

hereto, their heirs, executors, legal representatives, successors, or assigns.

24. INDEPENDENT PROVIDER: Provider has been procured and is being engaged to

provide services to City as an independent provider, and not as an agent or employee of City.

Accordingly, Provider shall not attain, nor be entitled to, any rights or benefits under the Civil

Service or Pension Ordinances of City, nor any rights generally afforded classified or

unclassified employees. Provider further understands that Texas Workers’ Compensation

benefits available to employees of City are not available to Provider, and agrees to provide

workers’ compensation insurance for any employee or agent of Provider rendering services to

City under this Agreement.

25. CONTINGENCY CLAUSE: Funding for this Agreement is contingent on the

availability of funds and continued authorization for program activities and the Agreement is

subject to amendment or termination due to lack of funds, reduction of funds and/or change in

regulations, upon thirty (30) days notice.

26. REAFIRMATION OF REPRESENTATIONS: Provider hereby reaffirms all of the

representations contained in the Solicitation Documents.

27. DOCUMENTS OF INCORPORATION: This Agreement is expressly made subject to

all Attachments hereto, to all of the attachments, provisions, requirements, federal, state and

local laws, rules and regulations as of the effective date herein, and to any and all requirements,

whether federal, state or local, verbal or written, placed upon the City. All of the foregoing are

14

hereby made a part of this Agreement and incorporated herein by reference as if fully set out

herein.

28. ENTIRE AGREEMENT: This instrument and its attachments constitute the sole and

only agreement of the parties relating to the subject matter hereof and correctly set forth the

rights, duties, and obligations of each to the other as of its date. Any prior agreements, promises,

negotiations, or representations not expressly set forth in this Agreement are of no force or

effect.

29. COUNTERPARTS: This Agreement may be executed in two or more counterparts,

each of which shall constitute an original but all of which, when taken together, shall constitute

one and the same agreement.

Signature Page to Follow]

15

IN WITNESS WHEREOF, the parties hereto have caused this instrument to be

executed by their respective officials thereunto duly authorized, this the day and year above

written.

“City”

CITY OF SAN ANGELO, a municipal ATTEST: corporation _______________________________ By:______________________________ Alicia Ramirez, City Clerk Michael Dane, Interim City Manager

“Provider” ZOLL Medical Corporation

ATTEST: a Massachusetts corporation ______________________________ By:_______________________________ Print Name: Print Name: Title: Corporate Secretary Title: President

16

PURCHASE AGREEMENT BETWEEN CITY OF SAN ANGELO FIRE DEPARTMENT

AND ZOLL MEDICAL CORPORATION

APPROVED AS TO APPROVED AS TO FORM INSURANCE REQIREMENTS ___________________________ John Seaton, Risk Manager Lysia H. Bowling, City Attorney APPROVED AS TO CONTENT __________________________ Scott Farris, Assistant Fire Chief

City of San Angelo

Memo Date: August 20, 2012

To: Mayor and Councilmembers

From: Will Wilde, Water Utilities Director

Subject: Agenda Item for September 4, 2012 Council Meeting

Contact: Will Wilde, Water Utilities Director, 657-4209

Caption: Consent Item

Consideration of authorizing the sale of the following residential property for the appraised value and authorizing the Mayor, City Manager, or Water Utilities Director to execute all necessary legal documents pertaining to the sale of subject properties, subject to completion of all curative requirements.

Summary: Hirschfeld 2202 Joy Road Lot 16, Group 16 $49,300 History: None.

Financial Impact: Proceeds from the sale of lake lots go into the Lake Nasworthy Trust Fund. Related Vision Item (if applicable): None. Other Information/Recommendation: If the sale is approved at the appraised value, a title examination will be performed and legal staff will prepare a Real Estate Contract of Sale, Special Warranty Deed and Surrender of Lease, as previously approved by City Council. Staff recommends approval. Attachments: Appraisal Report (Hirschfeld) Presentation: None. Publication: None. Reviewed by Service Area Director: Will Wilde, Water Utilities Director, August 20, 2012.

City of San Angelo

Civic Events



From: Morgan Trainer, Budget Manager

Subject: Agenda Item for September 4, 2012, Council Meeting

Contact: Morgan Trainer, 653-6291

Caption: Consent Item

Consideration of adopting a Resolution authorizing the Interim City Manager to apply to the Texas Comptroller’s office for an Events Trust Fund state grant for the Lucas Oil Off Road Racing event, and authorizing the Interim City Manager to execute related documents

Summary: On behalf of Lucas Oil, the City will apply for a state grant to reimburse Lucas Oil some of its costs related to the Off Road Racing event. The City seeks authorization to participate in the grant application process. History: Lucas Oil will submit a grant application on the City’s behalf to the state Comptroller’s office seeking funding from the Texas Events Trust Fund. Lucas Oil cannot apply directly for funding under the state law that governs the trust fund. The grant would help offset Lucas Oil’s costs in hosting the Off Road Racing event, tentatively scheduled for May 2013. Lucas Oil will, after next year’s event, submit to the Comptroller documentation of its expenses related to the event. Reimbursements will be made based upon Lucas Oil’s expenses, and will be paid proportionally from state funds. This will be the first year Lucas Oil will hold a qualifying event for the Event Trust Fund grant. The state bases the grant amounts on its estimate of the incremental increase in tax revenue the state will realize as a result of the event. Financial Impact: Acceptance of the grant will help offset and incentivize Lucas Oil to hold their event in San Angelo, Texas. This is a small amount to go towards reimbursing many expenses necessary to hold the racing event.

Other Information/Recommendation: Staff, as does Lucas Oil, recommends the Council authorize application for the Events Trust Fund grant. Attachments: Resolution Reviewed by Director: Rick Weise, Assistant City Manager

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN ANGELO, TEXAS, APPROVING PARTICIPATION OF THE CITY OF SAN ANGELO IN THE TEXAS EVENTS TRUST FUND FOR THE LUCAS OIL 2013 FIRST ANNUAL OFF ROAD RACING EVENT AND AUTHORIZING THE CITY MANAGER TO APPLY FOR A TEXAS EVENTS TRUST FUND GRANT THEREFORE

WHEREAS, the City Council of the City of San Angelo, Texas, and the Texas

Comptroller of Public Accounts recognize the economic benefit to the City and to the State for the City of San Angelo hosting the Lucas Oil 2013 First Annual Off Road Racing Event, a national off road racing competition that will be held during April, 2013, at the off road race track facilities to be developed within the City of San Angelo; and

WHEREAS, the Texas Comptroller of Public Accounts administers the Texas Events Trust Fund, pursuant to the Events Trust Fund statute, which provides reimbursing financing for cities or counties hosting events that result in incremental increases in state tax revenue; and

WHEREAS, the City of San Angelo, wishes to submit a proposal for funding under the

Events Trust Fund statute to help offset its expenses with hosting the Lucas Oil 2013 First Annual Off Road Racing Event, a national off road racing competition; and

WHEREAS, the City of San Angelo anticipates that by hosting the Lucas Oil 2013 First

Annual Off Road Racing Event, a national off road racing competition, it will realize an incremental increase in tax revenue under the Events Trust Fund statute to include local hotel, sales, alcoholic beverage and automobile rental taxes, plus a related, positive general economic impact on the San Angelo community;

NOW THEREFORE BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF

SAN ANGELO that it approves the participation of the City of San Angelo in the Texas Events Trust Fund for the Lucas Oil 2013 First Annual Off Road Racing Event; and, authorizes and directs the City Manager to apply for a Texas Events Trust Fund grant for hosting said event.

PASSED, APPROVED, and ADOPTED on this the day of , 2012.

CITY OF SAN ANGELO

ATTEST: _____________________________

Alvin New, Mayor _______________________ Alicia Ramirez, City Clerk Approved As to Content: Approved As to: Form Rick Weise, Assistant City Manager Lysia H. Bowling, City Attorney

Memo

Date: August 31, 2012


From: Sandra J. Villarreal, Health Director


Contact: Sandra J. Villarreal, Health Director, 657-4493

Caption: Consent

Consideration of adopting a Resolution accepting the FY2013 Public Health Emergency Preparedness Grant from the Department of State Health Services in the amount of $110,166.00 with the City providing a 10% Match of $11,016.00.00.

Summary: The Public Health Emergency Preparedness (PHEP) Grant (Bioterrorism) is a recurring grant applied to and received from the Department of State Health Services. The San Angelo-Tom Green County Health Department uses these funds to pay for 50% salary and benefits of the Nursing Manager, 50% of salary and benefits for PHEP/Emergency Management Office Assistant, 50% of salary and benefits of the Emergency Management Coordinator and 10% of salary and benefits of the Health Services Manager. Funds are used to carry out objectives addressing Centers for Disease Control Public Health Emergency Preparedness Goals of prevention, detection/reporting, investigation, control, recovery, and improvement. The Health Department is encouraged to partner and cooperate within and between jurisdictions in the State of Texas related to preparedness activities. Partnerships may include, planning activities, exercises, training and response to events or emergencies.

History: PHEP funding became available to State and Local Governments after the bombing of 9/11. Funds were made available to help strengthen the public health system. The San Angelo-TGC Health Department has received PHEP funds for ten (10) years.

Financial Impact: The receipt of $110,166.00 will continue to allow the City of San Angelo’s Public Health Emergency Preparedness Division of the Health Department.

Related Vision Item

(if applicable):

Other Information/ Recommendation:

Staff recommends approval.

Attachments: Resolution

Presentation: N/A

Publication: N/A

Reviewed by Director:

Rick Weise

Sandra J. Villarreal

Approved by Legal:

A RESOLUTION BY THE SAN ANGELO CITY COUNCIL RATIFYING THE APPLICATION AND CONTRACT FOR, AND ACCEPTING, A FY2013 TEXAS DEPARTMENT OF STATE HEALTH SERVICES, PUBLIC HEALTH EMERGENCY PREPAREDNESS GRANT FOR $110,160.00, TO CARRY OUT THE CENTERS FOR DISEASE CONTROL PUBLIC HEALTH EMERGENCY PREPAREDNESS GOALS AND OBLIGATING THE CITY TO MATCH TEN PERCENT (10%), ESTIMATED TO BE IN THE SUM OF $11,016.00.

WHEREAS, the City of San Angelo applied for and has been awarded a Texas Department of State Health Services Public Health Emergency Preparedness (PHEP) Grant for $110,160.00, to be used to carry out objectives addressing Centers for Disease Control Public Health Emergency Preparedness Goals of prevention, detection/reporting, investigation, control recovery, and improvement; and,

WHEREAS, the grant will permit the City of San Angelo to partner and cooperate with Tom Green County

relating to preparedness activities; and, WHEREAS, the grant application and award is recurring and has been accepted and so utilized in the past;

and, WHEREAS, funds are available to pay the City’s ten percent (10%) match in the sum of $11,016.00: NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF SAN ANGELO, TEXAS THAT:

That the application and contract for a Texas Department of State Health Services Public Health Emergency Preparedness (PHEP) Grant for $110,160.00, to be used to carry out objectives addressing Centers for Disease Control Public Health Emergency Preparedness Goals is hereby ratified and the grant of funds in the sum of $110,160.00, is hereby accepted, with the City being obligated to pay ten percent (10%) of grant amount estimated to be in the sum of $11,016.00. The City Manager or his designee is hereby authorized to execute such documents as may be necessary or desirable to accept the grant funds and provide for their application for the purposes stated.

PASSED and APPROVED THIS DAY OF , 2012.

CITY OF SAN ANGELO, TEXAS

ATTEST: Alvin New, Mayor Alicia Ramirez, City Clerk APPROVED AS TO CONTENT APPROVED AS TO FORM

Sandra Villarreal Lysia H. Bowling Health Services Manager City Attorney

A RESOLUTION BY THE SAN ANGELO CITY COUNCIL RATIFYING THE APPLICATION AND CONTRACT FOR, AND ACCEPTING, A FY2013 TEXAS DEPARTMENT OF STATE HEALTH SERVICES, REGIONAL AND LOCAL SERVICES SYSTEM (RLSS) GRANT FOR $119,433.00, TO ADDRESS PUBLIC HEALTH ENVIRONMENTAL AND FOOD SAFETY ISSUES

WHEREAS, the City of San Angelo applied for and has been awarded a Texas Department of State Health Services Regional and Local Services System (RLSS) Grant for $119,433.00, to be used to address public health issues relating to environmental and food safety essential to public health activities and services; and,

WHEREAS, the grant will permit the City of San Angelo to maintain services to decrease the

spread of food borne illnesses; 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 application and contract for a Texas Department of State Health Services Regional and Local Services System (RLSS) Grant for $119,433.00, to be used to maintain services to decrease the spread of food borne illnesses is hereby ratified and the grant of funds in the sum of $119,433.00, is hereby accepted. The City Manager or his designee is hereby authorized to execute such documents as may be necessary or desirable to accept the grant funds and provide for their application for the purposes stated. PASSED and APPROVED THIS DAY OF , 2012. CITY OF SAN ANGELO, TEXAS ATTEST: Alvin New, Mayor Alicia Ramirez, City Clerk APPROVED AS TO CONTENT APPROVED AS TO FORM Sandra Villarreal Lysia H. Bowling Health Services Manager City Attorney

City of San Angelo



From: Sandra J. Villarreal, Health Director


Contact: Sandra J. Villarreal, Health Director

Caption: Consent

Consideration of adopting a Resolution accepting the FY2013 RLSS-Local Public Health System Grant from the Department of State Health Services in the amount of $119,433.00.

Summary: The RLSS – Local Public Health System Grant is a recurring grant applied to and received from the Department of State Health Services. The San Angelo-Tom Green County Health Department uses these funds to pay salary and benefits of two (2) Health Inspectors and 30% of one (1) Admin Assistant. Funds are used to carry out objectives addressing public health issues, in this case, Environmental and Food Safety Issues, essential public health activities and services. The Environmental Health Division exists to decrease the spread of foodborne illness to the thousands of public citizens who patronize the city’s food establishments every day,

History: The San Angelo-TGC Health Department has historically been a recipient of RLSS for 15-20 years.

Financial Impact: The receipt of $119,433.00 will continue to allow the City of San Angelo’s Environmental Health Division of the Health Department to exist since it pays for 100% of salary and benefits of the two health inspectors and 30% of salary and benefits of the Admin. Assistant.

Related Vision Item

(if applicable):

Neighborhood Vision:

By seeing the City of San Angelo as an entire neighborhood, the Environmental Health Division 1)Establishes appropriate regulations to protect neighborhoods and 2) Ensures Neighborhood Safety Programs by routine and complaint inspections of food and public health safety inspections.


Staff recommends approval.

Attachments: Resolution

Presentation: N/A

Publication: N/A


Rick Weise

Sandra J. Villarreal

Approved by Legal:

City of San Angelo



From: Will Wilde, Water Utilities Director


Contact: Will Wilde, Water Utilities Director, 657-4209

Caption: Consent Agenda Item

Consideration of appointment of City representatives to the Concho Watermaster Advisory Committee

Summary: The City has six representatives on the Concho Watermaster Advisory Committee. Alvin New, Mayor Paul Alexander, SMD 1 Tom Massey, Attorney at Law Stephen Brown, UCRA Consultant Will Wilde, Water Utilities Director Michael Dane, Interim City Manager Mr. Massey has notified the City of his intent to retire from the committee. Councilman Kendall Hirschfeld represents the Council on water discussions and has indicated a willingness to serve on the committee.

History: The Advisory Committee was established with the legislation creating the Concho Watermaster program. The committee provides recommendations to the watermaster regarding activities in the administration of the program and advises the watermaster on complaints; and reviews and makes recommendations on the annual budget.

The committee is composed of 13 members; six from the City; one from each stream segment in the Concho River Basin – South Concho River, Dove Creek, Spring Creek, Middle Concho, North Concho, and the main stem of the Concho River; and one representative from the City of Paint Rock.

Financial Impact: None.

Related Vision Item (if applicable): None.

Other Information/Recommendation:

It is recommended that Councilman Hirschfeld be appointed.

Attachments: None.

Presentation: None.

Publication: None.

Reviewed by Service Area Director: Will Wilde, Water Utilities Director, August 17, 2012.

City of San

Angelo


To: Mayor and City Council members

From: AJ Fawver, Planning Manager

Subject: Combining the River Corridor Commission (RCC) and Historic Preservation Commission (HPC)

Contact: AJ Fawver, Planning Manager 657-4210

Caption: Introduction and first public hearing of an Ordinance Amending Chapter 2 of the Code of Ordinances of the City of San Angelo, dissolving the River Corridor and Historic Preservation Commissions and establishing a new Design and Historic Review Commissions; amending Chapter 12, "Planning and Development", Article 2 "Development Review", Section 215, "Decision-Making Bodies and Officials" by amending Subparagraph "E" setting forth powers of the commission and repealing Subparagraph "F"; Amending Chapter 12, "Planning and Development", Article 12.700 "River Corridor Development" by repealing Sections 12.704 and 12.705 and restating Sections 12.702 "Definition of River Corridor" and 12.703 "Issuance of Building Permits; Appeals"; Amending Chapter 12, "Planning and Development", Article 12.800 "Historic Preservation Tax Abatement" by restating Sections 12.802 "Historic Overlay Zone Tax Abatement" and 12.803 "Historic Project Tax Abatement"; Amending Chapter 12, "Planning and Development", Exhibit A, "Zoning Ordinance", Article 2 "Development Review", by restating Sections 202 "Summary of Development Review Procedures" and 211 "Historic Overlay Zone", and by repealing Article 3, "Use Regulations", Section 308 "HO (Historic Overlay) Zone", Subchapter F "Demolition by Neglect"; Amending Chapter 12, "Planning and Development", Exhibit C, "Land Development and Subdivision Ordinance", Chapter 5 "Procedural Requirements for Processing Subdivisions" by repealing Section VII "River Corridor Development"; and, providing an effective date.

____________________________________________________________________________________

Summary: At the direction of the City Council following a series of discussions in

2011, staff has been working through the process of formally combining the functions of the River Corridor Commission (RCC) and Historic Preservation Commission (HPC).

History and Background: On October 19, 2010, City Council had discussion regarding a number of items related to boards and commissions. On January 11, 2011, the Council agenda contained an item to discuss a review of board and commission appointment structures and related items, but this was postponed at the direction of Council. This item was again postponed at the January 25 and the February 1 meeting. On March 1, the Council discussed a possibility for board and commission consolidation, and asked staff to examine possibilities. On March 22, 2011, City Council kicked off a discussion that would continue through the remainder of the year: reducing the total number of boards and commissions to increase efficiencies and minimize the number of approval steps required for certain types of requests. Staff proposed two areas with opportunity for consolidation, of which this proposal was one. The concept was presented to the River Corridor Commission at their April 26, 2011 meeting as a discussion item. It was then presented to the Historic Preservation Commission on April 28, who made a motion that passed 4-0, to recommend to the Council that this Commission be left freestanding. On September 20, 2011, the City Council took a vote and gave staff direction to move forward with combining the functions of these two commissions. An update summarizing the Council action was presented to the River Corridor Commission on October 25, 2011, and to the Historic Preservation Commission on November 17, 2011. City staff began working through all of the active ordinances for the city to determine where changes would need to occur, and how these should occur. They identified a dozen areas within a variety of ordinance sections that would require rewriting. A draft was proposed, which was submitted for legal review and which a variety of staff members have spent many months reorganizing, reworking, reformatting, and preparing for hearing. These are the subject of today's meeting item and are included as attachments at the end of this staff report. During April through July of 2012, Downtown San Angelo approached City staff regarding suggestions for an overlay to guide design and development within the downtown area as infill development and redevelopment occur. After reviewing the design guidelines in the River Corridor Master Plan, it was expressed that these guidelines were very similar to what they had in mind, and that the expansion of the

River Corridor area would accomplish the desires of this group. Staff, after looking at the proposal, is supportive of this expansion of the River Corridor area to include the Central Business District north of the Concho River. Downtown San Angelo also expressed their support of the combination of the functions of the River Corridor Commission and the Historic Preservation Commission in a recent resolution. However, they also proposed having representation in the way of two members on the newly-formed Design & Historic Review Commission, due to their role in tracking, reporting on, and promoting this area as it also falls within the Main Street District. Their resolution is also attached below. Analysis: The changes are summarized briefly below: 1. Article 2.3000, originally the establishing ordinance for the Historic Preservation

Commission, was removed; 2. Article 2.28, originally the establishing ordinance for the River Corridor

Commission, was repurposed as the establishing ordinance for the new Design & Historic Review Commission, combining the duties, and outlining the required qualifications for members;

3. Chapter 12, Article 2, Section 215, Subparagraph E, originally outlining the powers

of the Historic Preservation Commission, was repurposed to outlining the powers of the Design & Historic Review Commission;

4. Chapter 12, Article 2, Section 215, Subparagraph F, originally outlining the powers

of the River Corridor Commission, was removed; 5. Article 12.7, originally the ordinance establishing the River Corridor area, and was

modified to correct changes in titles (i.e., "Building Inspector" to "Building Official", "Planning Director" to "Planning Manager"), grammar, and spelling errors in 12.702;

6. Article 12.7, originally the ordinance establishing the River Corridor area, and was

modified by the removal of 12.704 and moving 12.705 to 12.703, and by including the Central Business district north of the Concho River as suggested by Downtown San Angelo;

7. Article 12.8, originally the ordinance establishing the Historic Preservation Tax

Abatement, and was modified to better clarify the procedures, to correct references to other sections of ordinance changing under this proposal, to reorganize, to clarify, and to correct changes in titles;

8. Chapter 12, Exhibit A, Article 2, Section 202, the table summarizing review procedures for the River Corridor and Historic Preservation Commissions, was amended to eliminate these and add the Historic & Design Review Commission procedures;

9. Chapter 12, Exhibit A, Article 2, Section 211, was amended to replace references of

the Historic Preservation Commission with the Design & Historic Review Commission, and to correct grammatical and spelling errors;

10. Chapter 12, Exhibit A, Article 3, Section 308, Subpart F, pertaining to the

procedures for demolition by neglect, was amended to replace references of the Historic Preservation Commission with the Design & Historic Review Commission;

11. Chapter 12, Exhibit C, Chapter 5, Section VII, a part of the Subdivision Ordinance

which requires all applications for subdivision within the River Corridor to obtain approval of the River Corridor Commission, was removed.

Fiscal Impact: N/A

Attachments: Downtown San Angelo resolution Draft ordinance Map of proposed River Corridor expansion

Publication: not applicable

Presentation: AJ Fawver, Planning Manager Approved: Shawn Lewis, Director of Community & Economic Development

DOWNTOWN SAN ANGELO RESOLUTION

The Board of Directors of Downtown San Angelo, Inc. (DSA) respectfully submits the following statement of support and requests to the City of San Angelo: 1. DSA supports the proposed consolidation of River Corridor Commission and Historic Preservation

Commission, understanding that this combination will result in a more efficient Commission and

ease of use by the public.

2. DSA supports the expansion of the River Corridor District with boundaries shown in the attached

graphic. This expansion will ensure the consistent application of design standards in the historic

district, similar to those enjoyed by the River Corridor, and therefore promote economic

development of downtown.

3. If the City Council expands the River Corridor boundaries, a significant portion of the proposed

Commission’s purview will be located within the designated boundaries that Downtown San

Angelo, Inc. is charged with guiding, tracking and reporting quarterly. With respect to the effort

of DSA, the COSADC/DSA contract for revitalization and redevelopment services in this area, and

in the spirit of reinforcing a robust Downtown economy, we respectfully propose that two DSA

Board members occupy positions on the proposed Commission.

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AN ORDINANCE AMENDING CHAPTER 2 “ADMINISTRATION”, OF THE CODE OF ORDINANCES OF THE CITY OF SAN ANGELO BY REPEALING ARTICLE 2.3000 ENTITLED “HISTORIC PRESERVATION COMMISSION” IN ITS ENTIRETY; REPEALING ARTICLE 2.2800 ENTITLED “RIVER CORRIDOR COMMISSION” IN ITS ENTIRETY AND ENACTING A NEW ARTICLE 2.2800 ENTITLED “DESIGN AND HISTORIC REVIEW COMMISSION”; PROVIDING FOR THE CREATION OF THE COMMISSION; PROVIDING FOR THE QUALIFICATIONS AND TERMS OF COMMISSIONERS; PROVIDING FOR DUTIES, OFFICERS, HISTORIC PRESERVATION OFFICER, EX-OFFICIO MEMBERS, AND QUORUM OF THE COMMISSION; PROVIDING FOR BYLAWS; PROVIDING FOR MEETINGS AND MINUTES; PROVIDING FOR ABSENT MEMBERS; AMENDING CHAPTER 12, “PLANNING AND DEVELOPMENT”, ARTICLE 2 “DEVELOPMENT REVIEW, SECTION 215 “DECISION-MAKING BODIES AND OFFICIALS” BY AMENDING SUBPRAGRAPH “E” SETTING FORTH POWERS OF THE DESIGN AND HISTORIC REVIEW COMMISSION; AMENDING CHAPTER 12, “PLANNING AND DEVELOPMENT”, ARTICLE 2 “DEVELOPMENT REVIEW, SECTION 215 “DECISION-MAKING BODIES AND OFFICIALS” BY REPEALING SUBPARAGRAPH “F”; AMENDING CHAPTER 12, “PLANNING AND DEVELOPMENT”, ARTICLE 12.700 “RIVER CORRIDOR DEVELOPMENT”, BY REPEALING SECTIONS 12.704 AND 12.705 AND RESTATING SECTION 12.702 ”DEFINITION OF RIVER CORRIDOR” AND 12.703 “ISSUANCE OF BUILDING PERMITS; APPEALS”, PROVIDING FOR REVIEW OF CONSTRUCTION PLANS BY THE DESIGN AND HISTORIC REVIEW COMMISSION; AMENDING CHAPTER 12, “PLANNING AND DEVELOPMENT”, ARTICLE 12.800 “HISTORIC PRESERVATION TAX ABATEMENT”, BY RESTATING SECTION 12.802 “HISTORIC OVERLAY ZONE TAX ABATEMENT”, AND SECTION 12.803 “HISTORIC PROJECT TAX ABATEMENT”, TO PROVIDE FOR HISTORIC OVERLAY TAX ABATEMENT AND REVIEW BY THE DESIGN AND HISTORIC REVIEW COMMISSION, TO PROVIDE FOR HISTORIC PROJECT TAX ABATEMENT ON APPLICATION TO THE DESIGN AND HISTORIC REVIEW COMMISSION AND PROVIDING FOR APPEALS; AMENDING CHAPTER 12, “PLANNING AND DEVELOPMENT”, EXHIBIT A, “ZONING ORDINANCE”, ARTICLE 2 “DEVELOPMENT REVIEW”, BY RESTATING SECTION 202 “SUMMARY OF DEVELOPMENT REVIEW PROCEDURES”, TO PROVIDE A SUMMARY OF DEVELOPMENT REVIEW PROCEDURES; AMENDING CHAPTER 12, “PLANNING AND DEVELOPMENT”, EXHIBIT A, “ZONING ORDINANCE”, ARTICLE 2, “DEVELOPMENT REVIEW”, BY RESTATING SECTION 211 “HISTORIC OVERLAY ZONE”, PROVIDING FOR A HISTORIC OVERLAY ZONE AND PROCEDURES FOR DESIGNATION OF LANDMARK OR DISTRICTS, FOR PUBLIC HEARING BEFORE THE DESIGN AND HISTORIC REVIEW COMMISSION, AND FOR APPEAL; AMENDING CHAPTER 12,

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“PLANNING AND DEVELOPMENT”, EXHIBIT A, “ZONING ORDINANCE”, BY REPEALING ARTICLE 3 “USE REGULATIONS”, SECTION 308 “HO (HISTORIC OVERLAY ZONE)”, SUBCHAPTER F “DEMOLITION BY NEGLECT”; AMENDING CHAPTER 12, “PLANNING AND DEVELOPMENT, EXHIBIT C, “LAND DEVELOPMENT AND SUBDIVISION ORDINANCE”, CHAPTER 5 “PROCEDURAL REQUIREMENTS FOR PROCESSING SUBDIVISIONS” BY REPEALING SECTION VII “RIVER CORRIDOR DEVELOPMENT; PROVIDING FOR SEVERABILITY OF TERMS AND PROVISIONS; AND, PROVIDING FOR AN EFFECTIVE DATE.

WHEREAS; the City of San Angelo draws upon its citizens for their experience, knowledge and expertise to serve as volunteers on a number of boards and commissions, and is reviewing the functions of its advisory boards and commissions in order to reduce duplication of effort and enhance efficiency and effectiveness; and, WHEREAS; the City of San Angelo is served by a River Corridor Commission, a design review commission that is advisory to the City Council relating to development along the River Corridor; and, WHEREAS, the City of San Angelo is served by a Historic Preservation Commission, a design review commission that is advisory to the City Council relating to the recommendation and designation of landmarks and historic districts, the majority of such landmarks and historic district being along the River Corridor; and, WHEREAS, matters within the sphere of the River Corridor Commission often relate to and have an impact on matters within the sphere of the Historic Preservation Commission, and matters within the sphere of the Historic Preservation Commission often relate to and have an impact on matters within the sphere of the River Corridor Commission, such that reconstitution of the River Corridor Commission and Historic Preservation Commission into a single Design and Historic Review Commission will coordinate performance of the administrative and advisory functions served by said commissions and improve efficiency and effectiveness; NOW THEREFORE BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF SAN ANGELO:

Section 1. That Chapter 2 “Administration” of the Code of Ordinances, City of San

Angelo, Texas, is hereby amended by repealing Article 2.3000 “Historic Preservation Commission”.


Angelo, Texas, is hereby amended by repealing Article 2.2800 “River Corridor Commission”, and adopting a new Article 2.2800 entitled “Design and Historic Review Commission” which Article shall read as follows:

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“Sec. 2.2801 Creation of Design and Historic Review Commission A Design and Historic Review Commission is hereby created and established within the City of San Angelo, reconstituting the River Corridor Commission and the Historic Preservation Commission into a single Design and Historic Review Commission. Said Design and Historic Review Commission shall be composed of seven (7) regular members who shall be appointed by the City Council. Candidates shall have a known or demonstrated interest in, general knowledge of, and experience relevant to historic preservation or other professional design field within the City of San Angelo. To the extent that candidates are available among the residents of the community, appointments shall be made by the City Council based upon the following qualifications:

1. at least two (2) members shall be licensed or otherwise recognized as professional in architecture, landscape architecture, design, engineering, surveying, or related profession; and,

2. at least one (1) member shall be recognized as a historian or a member of a local historic preservation group; and,

3. at least one (1) member shall be an owner of real property within the River Corridor; and,

4. at least one (1) member shall own real property designated or recognized as a community landmark, or within a designated historic district; and,

5. at least two (2) membersone (1) member shall be a members of the Board of Directors of Downtown San Angelo, Inc.a downtown development organization under contract with the City of San Angelo.

Sec. 2.2802 Ex-Officio Members The Planning Manager and the Building Official of the City shall serve as non-voting, ex-officio members of the Commission. Sec. 2.2803 Qualifications All members of the Commission shall be eighteen (18) years of age or older and residents of the City of San Angelo, Tom Green County, Texas. Sec. 2.2804 Terms Of the members first appointed by the City Council, four (4) appointments shall be for four two year terms and three (3) appointments shall be for three one year terms. Thereafter, All appointments shall be for threetwo year terms, except vacancies for unexpired terms which shall be filled by appointment of the City Council for the remainder of the unexpired term. Service on the Commission shall be limited to two (2) consecutive terms. Commission members shall serve without compensation at the pleasure of the City Council, subject to termination at any time without cause.

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Sec. 2.2805 Duties The duties of the Design and Historic Review Commission shall include acting as an advisory Commission to the City Council in matters of design review relating to historic preservation in the City and development along the Concho River. The responsibility of the Commission within the scope of its general authority shall include the authority to:

1. Prepare bylaws, rules, and regulations to carry out the business of the

commission, which shall be ratified by the City Council. 2. Adopt criteria for the designation of historic, architectural, and cultural

landmarks and delineation of historic districts, which shall be ratified by the City Council.

3. Prepare and present to the City Council, recommendations for policies and ordinances regarding development and all types of signage along the Concho River and other similar bodies of water as designated, which shall be ratified by the City Council.

4. Conduct surveys and maintain an inventory of significant historic, architectural, and cultural landmarks and all properties located in historic districts within the city.

5. Recommend the designation of landmarks, historic districts, and other types of districts.

6. Recommend conferral of recognition upon the owners of landmarks or properties within districts by means of certificates, plaques, or markers.

7. Increase public awareness of the value of historic, cultural, and architectural preservation by developing and participating in public educational programs.

8. Increase public awareness of the value of open spaces, public spaces, natural habitats, and wildlife along the Concho River and other similar bodies of water as designated by developing and participating in public educational programs.

9. Make recommendations to the City Council concerning the utilization of state, federal, or private funds to promote the preservation of open and public spaces along the Concho River and other similar bodies of water as designated.

10. Make recommendations to the City Council concerning the utilization of state, federal, or private funds to promote the preservation of landmarks and historic districts within the city.

11. Approve or deny applications for Certificates of Appropriateness pursuant to provisions of the City of San Angelo Zoning Ordinance.

12. Prepare specific design guidelines for the review of landmarks, districts, and construction & demolition of historic buildings.

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13. Recommend the acquisition of a landmark structure by the City of San Angelo where its preservation is essential to the purpose of this article and where private preservation is not feasible.

14. Recommend the acquisition of land along the Concho River and other similar bodies of water as designated by the City of San Angelo where its proximity to the river is vital to the purpose of this article.

15. Recommend to the City Council tax abatement and other economic development programs for the preservation of landmarks or historic districts.

16. Recommend to the City Council tax abatement and other economic development programs for sustainable developments along the Concho River and other similar bodies of water as designated.

17. Recommend to the City Council the acceptance of the donation of preservation easements and development rights as well as any other gift of value for the purpose of historic and environmental preservation.

18. Carry out other duties as specifically delegated to the Commission by the City Council.

Sec. 2.2806 Officers The Commission shall elect from the appointed members of the Commission a Chairperson and a Vice-Chairperson to serve in the absence of the Chairperson. The Chairperson and Vice-Chairperson shall serve in their respective capacities for one year terms or until their term of appointment to the Commission expires, whichever shall first occur. No Chairperson or Vice-Chairperson shall serve in such capacity for more than three consecutive years. The Planning Manager for the City, or the Manager’s designee, shall serve as Secretary to the Commission. The Commission shall elect such other officers as the Commission may establish in its by-laws. 2.807 Historic Preservation Officer The City Council or its designee shall appoint a City official, City staff person, or resident of the City having a known or demonstrated interest in, general knowledge of, and experience relevant to historic preservation or other professional design field to serve as the Historic Preservation Officer (HPO) for the city, to facilitate the administration of this Article and serve as an advisor to the Commission on request of the Commission. The Historic Preservation Officer, in coordination with the Secretary for the Commission and the Planning Manager or his/her designeeCertified Local Government (CLG) representative, shall coordinate the preservation efforts of the Commission with applicable state and federal agencies and non-profit organizations. Sec. 2.2808 Quorum and Voting All regular members of the Commission, excepting ex-officio members, shall have voting rights. FourFive duly appointed regular members of the Commission shall constitute a quorum. The affirmative vote of four members is required to approve any

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item brought before the Commission. a majority of the regular members present at a properly called meeting with a quorum present shall be the act of the Commission.

Sec. 2.2809 Bylaws and Rules The Commission shall adopt and may amend from time to time its bylaws, establishing rules for its regulation, effective upon approval of the City Council. Said bylaws and amendments thereto as approved by the City Council shall be filed with the City Clerk. The Commission may adopt rules or regulations in conformity with its bylaws relating to the administration of its business. Sec. 2.2810 Meetings The Commission shall adopt a schedule providing for at least one regular meeting per calendar month and may make provision for such other meetings as it deems appropriate. Meetings of the Commission shall be held pursuant to public notice and shall be open to the public in compliance with the Texas Open Meetings Act.

Sec. 2.2811 Minutes The Commission shall keep minutes of its proceedings in a permanent record and a certified copy of said minutes shall be filed with the Secretary for the Commission. Sec. 2. 2812 Committees The Commission may create ad hoc or standing committees of less than a quorum of the Commission members, which may include residents of the City who are not Commission members, as needed or deemed desirable to address specific matters within the purview of the Commission. Committees shall report to the Commission and shall have the authority to gather information, make reports and prepare recommendations for consideration by the Commission.

Sec. 2.2813 Absenteeism of Members In the event of three (3) unexcused absences from regularly scheduled meetings, a Commission member shall be deemed to have resigned. The Commission shall adopt provision for excusing absences in its bylaws.

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Sec. 2.2814 Severability The terms and provisions of this article shall be deemed to be severable in that if any portion of this article shall be declared to be invalid, the same shall not affect the validity of the other provisions of this article.”

Section 3 That Chapter 12 “Planning and Development”, Article 2 “Development Review” Section 215 “Decision-Making Bodies and Officials”, Subparagraph E “Historic Preservation Commission” is amended to read as follows:

“E. Design and Historic Review Commission The Design and Historic Review Commission shall exercise the following powers and be required to:

1. Review and recommend to the City Council designations of Historic Overlay Zones;

2. Render decisions on Certificates of Appropriateness required for alteration, new construction or demolition of structures in Historic Overlay Zones.”

Section 4 That Chapter 12 “Planning and Development”, Article 2 “Development Review” Section 215 “Decision-Making Bodies and Officials”, Subparagraph F “River Corridor Commission” is repealed.

Section 5 That Chapter 12 “Planning and Development”, Article 12.700 “River Corridor Development”, of the Code of Ordinances, City of san Angelo, Texas, is hereby amended by restating Section 12.702 to read as follows:

“Sec. 12.702 Definition of River Corridor

The River Corridor shall consist of all property within the following boundaries (all directions follow the center lines of the streets named, unless otherwise stated):

(1) BEGINNING AT A POINT on the center line of the O. C. Fisher Dam, same point being the city limits line, 500 feet north of the north band of the North Concho River,

(2) Thence, in an easterly and southerly direction 500 fee north of, and parallel to, the north bank of the North Concho River to a point, same point being the center line of 19th Street.

(3) Thence, in an easterly direction along the centerline of 19th Street to a point of intersection of 19th Street and the centerline of the Gulf, Colorado, and Santa Fe Railroad right-of-way.

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(4) Thence, in a southeasterly direction along the centerline of said railroad right-of-way to a point of intersection with the centerline of Bryant Blvd.

(5) Thence, southerly along Abe Street to Harris Avenue.

(6) Thence, in a westerly direction along Harris Avenue to David Street.

(7) Thence, southerly along David Street to Concho Avenue.

(8) Thence, easterly along Concho Avenue to Randolph Street.

(9) Thence, northerly along Randolph Street to Beauregard Avenue.

(10) Thence, northerly past Beauregard Avenue along Martin Luther King, Jr. Drive. to College Avenue.

(11) Thence, easterly along College Avenue to City Hall Plaza.

(12) Thence, northerly along City Hall Plaza to 1st Street.

(13) Thence, westerly along 1st Street to Farr Street.

(14) Thence, northerly along Farr Street to 2nd Street.

(15) Thence, easterly along 2nd Street to Gillis Street.

(16) Thence, northerly along Gillis Street to 3rd Street.

(17) Thence, easterly along 3rd Street to Oakes Street.

(18) Thence, southerly along Oakes Street to Harris Avenue.

(19) Thence, easterly along Harris Avenue to Magdalen Street.

(11) Thence, southerly along Magdalen Street to Beauregard Avenue.

(12) Thence, easterly along Beauregard Avenue to Emerick Street.

(13) Thence, northerly along Emerick Street to Harris Avenue.

(14) Thence, east along Harris Avenue to Browning Street.

(15) Thence, south along Browning street to Crenshaw Street.

(16) Thence, east along Crenshaw Street to Baze Street.

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(17) Thence, south along Baze Street to Green Street.

(18) Thence, east along Green Street to Buchannan Street.

(19) Thence, south along Buchannan Street to Roosevelt Street.

(20) Thence, east along Roosevelt Street to Irene Street.

(21) Thence, south along Irene Street to Schwartz Street.

(22) Thence, east along Schwartz Street to Bell Street.

(23) Thence, south along Bell Street to a point five hundred feet (500') north of the north bank of the Main Concho River.

(24) Thence, along a line running in an easterly direction five hundred feet (500') north of and parallel to, the north bank of the Main Concho River for approximately two miles east, to a point, same point being located on the west right-of-way line of East Loop 306, five hundred feet (500') north of the north bank of the Main Concho River.

(25) Thence, south along the west right-of-way line of East Loop 306, to a point five hundred feet (500') south of the south bank of the Main Concho River.

(26) Thence, in a westerly direction along a line five hundred feet (500') south of, and parallel to, the south bank of the Main Concho River, approximately 1.4 miles to a point, same point being the intersection of Kennedy Drive and Ford Street.

(27) Thence, west along Kennedy Drive to the intersecting point of Bell Street and Holiday Drive.

(28) Thence, west along Holiday Drive to Park Drive.

(29) Thence, southerly and westerly along Park Drive to a point of intersection with the centerline of Old Santa Fe Railroad right-of-way.

(30) Thence, in a southeast direction along the centerline of the railroad right-of-way to a point five hundred feet (500') from the south bank of the South Concho River.

(31) Thence, in a line running in a southerly direction five hundred feet (500') east of and parallel to the east bank of the South Concho River, to the centerline of Avenue L.

(32) Thence, westerly along Avenue L to a point, same point being the projected intersection of Avenue L and Burgess Street.

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(33) Thence, north along the projected line of Burgess Street to Highland Blvd.

(34) Thence, east along Highland Blvd. to Baker Street.

(35) Thence, northwest along Baker Street to Rust Street.

(36) Thence, north along Rust Street to a point of intersection with the approximate centerline of the Santa Fe Railroad right-of-way.

(37) Thence, from said point west along Allen Street to Webb Street.

(38) Thence, southeasterly along Webb Street to Bird Street.

(39) Thence, southwest along Bird Street to Oakes Street.

(40) Thence, south along Oakes Street to Avenue A.

(41) Thence, west along Avenue A to Hill Street.

(42) Thence, south along Hill Street to Avenue B.

(43) Thence, west along Avenue B to Randolph Street.

(44) Thence, south along Randolph Street to Avenue C.

(45) Thence, west along Avenue C to Abe Street.

(46) Thence, south along Abe Street to Avenue D.

(47) Thence, west along Avenue D to Washington Drive.

(48) Thence, north along Washington Drive to Harris Avenue.

(49) Thence, east along Harris Avenue to Park Drive.

(50) Thence, north along Park Drive to Pecos Street.

(51) Thence, east along Pecos Street to Cottonwood Street.

(52) Thence, north along Cottonwood Street to Rio Grande Street.

(53) Thence, east along Rio Grande Street to Hickory Street.

(54) Thence, north along Hickory Street to Guadalupe Street.

(55) Thence, east along Guadalupe Street to Locust Street.

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(56) Thence, north along Locust Street to the north right-of-way line of the East/West (Houston-Harte) Freeway.

(57) Thence, west along the north right-of-way line of the East-West (Houston-Harte) Freeway to Bishop Street.

(58) Thence, north along Bishop Street to the north boundary of Lot 5, Block 28, Brentwood Addition.

(59) Thence, in a southwest direction along the north line of Lots 5, 4, 3, 2, and 1 of Block 28, Brentwood Addition to Jefferson Street.

(60) Thence, north along Jefferson Street to Woodlawn Drive.

(61) Thence, southwesterly along Woodlawn Drive to the intersection point of Woodlawn Drive, Haralson Avenue and Jefferson Street.

(62) Thence, northwest along Jefferson Street to Junius Street.

(63) Thence, west along Junius Street to Van Buren Street.

(64) Thence, north along Van Buren Street to Wilson Street.

(65) Thence, east and north along Wilson Street to the intersection of Edmund Blvd. (29th Street) and Catalina Drive.

(66) Thence, north and west along Catalina Drive to the northeast corner of Lot 6, Block 19, Riverview Heights, same point being approximately five hundred feet (500') from the south bank of the North Concho River.

(67) Thence, from said point, in a westerly direction five hundred feet (500') south and parallel to the south bank of the North Concho River to a point, same point being the center line of the O. C. Fisher Dam which coincides with the city limits.

(68) Thence, in a northerly direction to the place of beginning.

Section 6 That Chapter 12 “Planning and Development”, Article 12.700 “River Corridor Development”, of the Code of Ordinances, City of San Angelo, Texas, is hereby amended by restating Section 12.703 to read as follows:

“Sec. 12.703 Issuance of Building Permits; Appeals

(a) Any entity desiring to commence any construction work on property located within the River Corridor shall first make application to the Building Official. Upon the Building Official's certification that the proposed

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construction would be in compliance with the provisions of the City Code, the application shall be forwarded to the Planning Manager. If necessary, requests will then advance to the Design and Historic Review Commission for its review. The Commission will evaluate each application for compatibility with the purposes stated in this article.

(b) The word "construction" as used herein shall mean:

(1) new construction of any structure,

(2) remodeling of the exterior of an existing structure, or

(3) moving an existing structure within a lot or onto a lot within the River Corridor.

(c) The word "structure" as used herein shall include buildings of any type, whether or not such are completely enclosed, and signs and fences of any type.

(d) If the Commission approves issuance of the building permit, the Building Official shall issue such, upon payment of the appropriate fees. If the Commission finds that the building permit should not be issued, it will give its reason therefor and the Building Inspector will not issue such permit.

(e) The Planning Manager or designated representative may review building permit requests for conformance with the purposes in (a), if the request meets any of the following criteria:

(1) Placement of temporary structures and\or signs that will be in position no longer than ten days. All temporary facilities and signs must comply with all other City ordinances.

(2) Fences.

(3) Construction under 1200 square feet.

(4) Unlit signs, which are no larger than 50 square feet. Signs must conform to all requirements of the sign ordinance.

(5) Construction which is required by law, for the purpose of safety and access.

(6) Reroofing or remodeling which does not materially change the appearance of the structure.

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(f) Each request will be approved, denied, or approved with conditions. The Planning Manager may refer any case to the Design and Historic Review Commission for review and action. Any decision of the Planning Manager or designated representative may be appealed to the Design and Historic Review Commission.

(g) An applicant who is denied a building permit will have the right to appeal to the City Council within thirty (30) days of the Commission's decision. If the City Council approves the proposed construction, the Building Official shall then issue a permit therefore.”

Section 7 That Chapter 12 “Planning and Development”, Article 12.700 “River Corridor Development” of the Code of Ordinances, City of San Angelo, Texas, is hereby amended by repealing Sections 12.704 and 12.705.

Section 8 That Chapter 12 “Planning and Development”, Article 12.800 “Historic Preservation Tax Abatement” of the Code of Ordinances, City of San Angelo, Texas, is hereby amended by restating Section 12.802 and 12.803 to read as follows:

“Sec. 12.802 Historic Overlay Zone Tax Abatement

(a) The Historic Overlay Zone tax abatement requires no application from the property owner and shall be automatically provided when a property is zoned Historic Overlay Zone. The tax abatement shall remain until the City Council decides to discontinue the program or the abatement is removed from a subject property, or the Design and Historic Review Commission withholds tax abatement until restorations or repairs are made to the structure, as provided under subsection (d) of this section and Section 12.803 of this article, Historic Project Tax Abatement.

(b) Upon final council approval of any Historic Overlay Zoning, the Historic Preservation Officer or City staff shall notify the Tom Green County Tax Appraisal District. The tax assessor shall abate the real property taxes for said zone starting on January first of the following year and each year thereafter.

(c) Abatement Method for contributing properties with Historic Overlay Zoning:

(1) A contributing property within a Historic Overlay Zone is a property that is considered to be historically significant by local, state, or federal governments that rank historic properties and generally follow the guidelines of the National Park Service, Department of the Interior, for listing on the National Register of Historic Places.

(2) The tax assessor shall provide a real property tax abatement of up to $200 per year or, a real property tax abatement equal to 20% of the

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annual taxes, whichever is greater, for contributing properties in Historic Overlay Zones. The annual tax abatement shall not exceed $1000 for an individual property. Tax abatement shall not be construed to mean a reduction per year which is greater than the annual taxes which would normally be charged; nor shall the abatement reduce the annual taxes to an amount less than $50.00.

(3) The tax assessor shall apply the historic tax abatement prior to any other tax reductions that the Historic Overlay Zone may be eligible for as described in this article.

(d) Tax Reduction for Noncontributing Properties Within Historic Overlay Zoning Districts:

(1) A noncontributing property within a Historic Overlay Zone is a property that is considered not to be historically significant by state, local or federal governments that rank historic properties and generally follow the guidelines of the National Park Service, Department of the Interior, for listing on the National Register of Historic Places.

(2) The tax abatement for noncontributing properties shall be 10% or $100 per year, whichever is greater. The tax abatement shall not be construed to mean a reduction per year which is greater than the annual taxes which would normally be charged; nor shall the abatement reduce the taxes to an amount less than $50.00. The annual tax abatement shall not exceed $500 for an individual property. Whenever an Historic Overlay Zone is approved by the city council, the Tax Appraisal District shall be notified of the tax abatement. The property owner need not apply.

(3) Tax abatement shall remain in place as long as the city council continues the historic tax abatement program.

(4) Noncontributing properties do not qualify for the historic project tax abatement as outlined in Section 12.803 of this article.

(5) Neither method of tax abatement (10% or $100) shall be construed to mean a reduction per year which is greater than the annual taxes which would normally be charged; nor shall the abatement reduce the annual taxes to an amount less than $50.00.



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(e) If a Historic Landmark within a Historic Overlay Zone is altered or destroyed, the following may apply:

(1) If the Historic Preservation Officer or Planning Manager has reason to believe that a contributing property within a Historic Overlay Zone has been totally or partially destroyed or altered by the willful act or negligence of the owner or his or her representative, the Historic Preservation Officer or Planning Manager shall schedule the matter for the earliest possible consideration by the Design and Historic Review Commission. If, after giving notice to the land owner and public hearing, the Design and Historic Review Commission determines that the property has been totally or partially destroyed or altered by the willful act or negligence of the owner or his or her representative, the Design and Historic Review Commission shall recommend to the City Council:

i. that the Historic Overlay Zone remain for a specified period of time for repair or restoration of the structure;

ii. that the Historic Overlay Zone be removed from the property and that the tax abatement terminate; or

iii. that the Historic Overlay Zone be continued and that the property become a noncontributing property as determined under Section 12.802(d) of this Article

The City Council shall give notice and conduct a public hearing according to the same procedures as provided in Chapter 12, Exhibit A, Article 2, of the Zoning Ordinance. The decision of the City Council shall be final.

(2) If the Historic Overlay Zone is removed, the Design and Historic Review Commission shall require the owner, or his heirs, assigns, or successors, to pay during the forthcoming seven year period, any taxes that may have been abated during the previous seven years under this article. Upon making such findings, the Design and Historic Review Commission or its representative shall file a written request with the tax assessor to discontinue the historic zone tax abatement for the property. Abated taxes will be recaptured over the same number of years for which abatement was received. The amount of taxes to be recaptured each year shall be according to the following formula:

Total taxes abated for the previous seven years divided by the

number of years taxes were abated.

(3) Where a Historic Landmark is totally or partially destroyed or altered other than by the willful act or negligence of the owner or his or



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her representative, the owner shall, within 30 days request a demolition permit when restoration or repair is not feasible, or request a building permit to reconstruct the historic landmark in accordance with the Zoning Ordinance. The determination as to whether restoration is feasible shall be made by the Design and Historic Review Commission, as part of the Certificate of Appropriateness review procedure, outlined in the Zoning Ordinance, required to be followed in obtaining a demolition or building permit. In cases where a demolition permit is issued by the city because restoration is not feasible, the commission shall recommend to the Planning Commission and the Planning Commission recommend to the City Council that the Historic Overlay Zoning be removed. In addition, the Design and Historic Review Commission shall remove all historic zone tax abatement and any other tax abatements described in this article and applicable to the subject zone.

Sec. 12.803 Historic Project Tax Abatement

(a) Owners of property within an Historic Overlay Zone shall be eligible to apply to the Design and Historic Review Commission for a project tax abatement.

(b) A property owner or his or her agent may apply for up to a 50% real property tax abatement of city taxes for property improvements within a Historic Overlay Zone. The 50% credit shall be limited to 10 years per approved project, or until the amount received by the property owner through tax abatement equals the eligible project costs, whichever occurs first. A current or new owner shall continue to receive credit until the 10 year credit period expires. After an existing 10 year period expires, a new 10 year credit period may be applied for; credit time periods shall not run concurrently. The Planning Manager shall keep records of all approved work and allotted time periods. All information shall be forwarded to the Tom Green County Tax Appraisal District.

(c) Eligible projects shall amount to $10,000 or more and may include exterior improvements and some interior improvements limited to the frame (walls, floor and ceiling) as well as plumbing, electrical wiring, and mechanical items (heating, cooling, and ventilation). Fixtures, decorative items and personal property shall not normally be eligible for consideration (See (d), below). Appropriate costs for tax abatement projects on all structures will include material and labor for repairing, replacing, or adding, if like the original, or as close to the original as possible, subject to compliance with applicable building codes, any of the following:

(1) Structural walls;

(2) Structural subfloors;

(3) Structural ceilings;

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(4) Exterior doors;

(5) Exterior paint;

(6) Mechanical equipment;

(7) Windows;

(8) Any exterior brick veneers, or treatments;

(9) All electrical wiring and no fixtures (See (d), below);

(10) Roof - structural and integrity, gutter or roof drainage systems;

(11) Facade items;

(12) Elevators in commercial buildings;

(13) Architectural, engineering, constructive demolition and clean up if it is directly related to work contained in the COA or project proposal;

(14) Foundations;

(15) Any termite damage or treatment; or,

(16) Security or fire protection systems - in relation to the protection of the building.

(d) Provable, documented replacement of historic fixtures may be considered as eligible. This determination will be made by the Design and Historic Review Commission.

(e) Ineligible costs include but are not limited to the following:

(1) Overhead;

(2) Taxes;

(3) Postage;

(4) Administrative payroll (On-site employee payroll shall be eligible);

(5) Equipment repairs;

(6) Tools;

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(7) Interior cabinets;

(8) Portable restrooms;

(9) Lodging and meals;

(10) Any items not directly related to the structural integrity or viability of the building; or

(11) Fixtures (See (d), above).

(f) A property owner currently receiving a project tax abatement may apply for tax abatement for additional projects which, if approved, shall be credited to the owners project tax abatement account. After a current project has received tax abatement equal to the eligible costs, or the ten year period has expired, then tax abatement may commence for another approved project up to a maximum of 10 years per project.

(g) All approved project tax abatements shall run with the land and shall not be affected by changes in property ownership.

(h) If a project tax abatement has been approved and where the historic property within the Historic Overlay Zone is totally or partially destroyed or altered by the willful act or negligence of the owner or his or her representativedesignee, the owner shall be required to pay during the forthcoming seven year period back taxes equal to those abated during the previous seven years. Abated taxes will be recaptured over the same number of years for which abatement was received. The amount of taxes to be recaptured each year shall be according to the following formula:

Total taxes abated for the previous seven years divided

by the number of years taxes were abated.

(ih) The 50% tax abatement shall apply to any subsequent increase in the rate of taxation or assessed valuation.

(ji) Application and Approval Process. Prior to filing an application with the Historic Preservation OfficerPlanning Division for a historic project tax abatement, the prospective applicant shall:

1. Certify to the Planning Manager or his representative that the subject property is within a Historic Overlay Zone.

2. Certify to the Planning Manager or his representative, that the project abatement request is for a project which has received a Certificate of Appropriateness. If a Certificate of Appropriateness has not been reaquired, the applicant shall submit a "project proposal" to the Planning Division for presentation to the Design and

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Historic Review Commission for tentative or conditional approval before the property owner proceeds further.

3. Shall complete the process set forth under Chapter 12, Exhibit A, Article 2, and secure a Historic Overlay Zone designation.

4. Certify to the Planning Manager or his representative that the improvement project for which the applicant wishes to apply for a tax abatement has been completed.

5. An application for an improvement project for a tax abatement shall be initiated by the owner of the subject property or by his agent, by completion of the appropriate application forms provided by the Planning ManagerHistoric Preservation Officer or his representative. The application shall include all receipts for the cost of the project as well as an affidavit affirming that all information on the application is correct and that the receipts presented are for the cost of the project. Said applications shall be received by the Historic Preservation Officer Planning Manager or his representative at least twenty (20) days prior to a public hearing by the Design and Historic Review Commission. Theis same procedure applies in the case of a Historic Overlay Zone or an hHistoric oOverlay dDistrict. In Eeach case if desired the individualproperty owner must apply for thisa project tax abatement.

6. The Planning Manager or his designee shall prepare a report for the Design and Historic Review Commission members assessing whether the project was completed as proposed in the project proposal or the Certificate of Appropriateness and stating any other facts or information that may be useful to the Commission when reviewing the application.

7. The Design and Historic Review Commission shall hold a public hearing on all requests for Historic Project Tax Abatement. Said hearing shall not be scheduled until the completed application form is submitted.

8. Public notice shall include the date, time, and place of the public hearing, legal description of the property, and a general description of the applicant's request for a project tax abatement. Said notice shall be posted at city hall and published in the official newspaper as required by the Texas Open Meetings Act.

9. The Planning Manager shall be responsible for notice requirements. When the Planning Manager has provided such notice as required on a request for historic project tax abatement, the interest of the public will be deemed to have been attached to the request, and the proponent may not then withdraw the request prior to the hearing.

10. After hearing the request, the Design and Historic Review Commission may allow the withdrawal of the request upon the affirmative vote of six (6) of its members.

11. At the public hearing, the Design and Historic Review Commission shall determine, from the data submitted by the applicant and the information provided by staff, if the completed project is substantially in compliance with the project proposal or the Certificate of Appropriateness. If the Commission finds that additional information relative to the pending application is necessary

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for its review the Commission may postpone the public hearing on an application until such information is provided.

12. The Design and Historic Review Commission shall have the authority to approve or disapprove an application for a project tax abatement, or to approve a request with such conditions as the Commission deems necessary to bring the project into compliance with the approved project proposal or the Certificate of Appropriateness. The cCommission shall not approve requests for historic project tax abatement where the project was completed prior to the adoption of this article, where and the applicant has not obtained a Certificate of Appropriateness, if one is required, or where the applicant has not substantially complied with the requirements imposed on a project proposal or Certificate of Appropriateness.

(kj) Appeals.

(1) Any request for historic project tax abatement that has been denied by the Design and Historic Review Commission may, within 10 days of said decision, be appealed to the City Council. The appellant must, within the time specified, submit a written notice to the City Manager or his representative. The City Manager shall ensure that the proposed change is placed on the agenda of the City Council at the earliest practical date.

(2) An affirmative vote of at least five (5) members of the City Council shall be necessary to overturn a decision appealed from the Design and Historic Review Commission. The decision of the City Council shall be final.

(lk) Effective Date. The tax assessor shall abate taxes upon final Design and Historic Review Commission approval or where the City Council has provided approval for a historic project tax abatement. Upon approval, the Planning Manager shall, within 10 days of said decision, notify the tax assessor. The tax assessor shall abate the taxes for the subject zone in accordance with this article and as indicated by the approved request. Such tax abatement shall take effect starting on January first of the following year and each year thereafter until the amount of taxes abated equals the eligible project costs or until the expiration of the ten (10) year period, or until the City Council notifies the tax assessor to terminate the project tax abatement.

(ml) Program Discontinuance. Should the City Council decide to discontinue the historic project tax abatement program, all project tax abatements shall be permitted to continue for up to 20 years, subject to recapture. Once the Council discontinues the program, the Historic Preservation Officer shall not accept any new applications for historic project tax abatement.”

Section 9 That Chapter 12, Exhibit A “Zoning Ordinance”, Article 2 “Development Review”, Section 202 “Summary of Development Review Procedures” of the Code of Ordinances, City of San Angelo, Texas, is hereby restated to read as follows:

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“Sec. 202. Summary of Development Review Procedures

The following table summarizes the level of review for each development review procedure.

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Section 10 That Chapter 12, Exhibit A “Zoning Ordinance”, Article 2 “Development Review”, Section 211 “Historic Overlay Zone” of the Code of Ordinances, City of San Angelo, Texas, is hereby restated to read as follows:

“Sec. 211. Historic Overlay Zone

A. Purpose.

The Historic Overlay Zone provides additional regulations that supplement the underlying base district regulations for the purpose of preserving historic landmarks and districts.

B. Procedure for Designation of Landmark or District.

Designation of historic landmarks or districts is accomplished by encompassing each such landmark or district within a Historic Overlay zone by amendment to the Official Zoning Map for the City. Such an amendment must be approved by ordinance of City Council, following a public hearing and recommendation by the Design and Historic Review Commission, who shall act in this matter as a replacement for in place of the Planning Commission. The procedures of Sec. 212 regarding amendments to the Official Zoning Map shall apply, with delegation of the Planning Commission's duties and responsibilities to the Design and Historic Review Commission, and using criteria set forth in subsections C and D below.

C. Criteria for Designation of Historic Landmarks.

A Historic Landmark may be designated through application of the Historic Overlay Zone if it:

1. possesses significance in history, architecture, archaeology, or culture;

2. is associated with events that have made a significant contribution to the broad patterns of local, regional, state, or national history;

3. is associated with the lives of persons significant in our past;

4. embodies the distinctive characteristics of a type, period, or method of construction;

5. represents the work of a master designer, builder, or craftsman;

6. represents an established and familiar visual feature of the city;

7. possesses high artistic values, or represents a significant and distinguishable entity whose components may lack individual distinction; or

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8. has yielded, or may be likely to yield, information important in prehistory or history.

D. Criteria for Designation of Historic Districts.

A hHistoric dDistrict may be designated through application of the Historic Overlay Zone if it:

1. Contains properties and an environmental setting that meet one or more of the criteria for designation of an historic landmark; and

2. Constitutes a distinct section of the city.

E. Certificate of Appropriateness Required for Alteration or New Construction.

No person shall carry out any exterior new construction, reconstruction, alteration, restoration, any exterior new rehabilitation, or relocation of any historic landmark or on any property within a historic district without a Certificate of Appropriateness. Nor shall any person make any material change in the light fixtures, signs, sidewalks, fences, steps, paving, building exteriors or other exterior elements in a district or to a landmark, visible from a public right-of-way in that district or landmark, which affect the appearance and cohesiveness of any historic landmark or any property within the historic district without obtaining a Certificate of Appropriateness from the Design and Historic Review Commission.

F. Certificate of Appropriateness Required for Demolition.

A permit for the demolition of an historic landmark or property within an historic district, including secondary buildings and landscape features, shall not be granted by the Building Official, without the review of a completed application for a Certificate of Appropriateness approved by the Design and Historic Review Commission, as provided for above.

G. Certificate of Appropriateness Application Procedure.

1. Prior to the commencement of any work requiring a Certificate of Appropriateness, the owner shall file an application for such a certificate with the Historic Preservation Officer or his/her designee. The application shall contain:

a. Name, address, telephone number of applicant, detailed description of proposed work.

b. Location and current photograph of the property and adjacent properties and historical photographs, if available.

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c. Elevation drawings of the proposed changes, if available.

d. Samples or description of materials to be used.

e. If the proposal includes signs or lettering, a scale drawing showing the type of lettering to be used, all dimensions and colors, a description of materials to be used, method of illumination (if any), and a plan showing the sign's location on the property.

f. Any other information which the Historic Preservation Officer may deem necessary in order to visualize the proposed work.

g. Elevation drawings of the proposed changes.

h. Samples of materials to be used.

i. If the proposal includes signs or lettering, a scale drawing showing the type of lettering to be used, all dimensions and colors, a description of materials to be used, method of illumination (if any), and a plan showing the sign’s location on the property.

ji. Any other information which the Planning Manager or designee may deem necessary in order to visualize the proposed work.

2. No building permit shall be issued for such proposed work until a Certificate of Appropriateness has first been issued by the Design and Historic Review Commission. The Certificate of Appropriateness required by this Section shall be in addition to, and not in lieu of, any permit for building or other construction-related activity that may be required by any other City ordinance.

3. The Design and Historic Review Commission shall review the application at a regularly scheduled meeting within 45 days from the date the application is received, at which time an opportunity will be provided for the applicant to be heard. The Commission shall take one of the following actions on the permit: approve, approve with modifications, or deny the application. In the event the Commission does not act within 90 days of the receipt of the application, the Certificate of Appropriateness shall be deemed to have been approved.

4. All decisions of the Design and Historic Review Commission shall be in writing. The Commission's decision shall state its findings pertaining to the approval, denial, or modification of the application. A copy shall be sent to the applicant. Additional copies shall be filed as part of the public record on that property and dispersed to the Planning Division and the Permits Division.

H. Criteria for Approval of a Certificate of Appropriateness.

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Approval of applications for Certificates of Appropriateness shall be determined by the Design and Historic Review Commission, following a public hearing on the matter. In considering an application for a Certificate of Appropriateness, the Commission shall be guided by any specific design guidelines adopted for a particular district or landmark, and where applicable, the following from The Secretary of the Interior's Standards for the Rehabilitation of Historic Buildings:

1. Every reasonable effort shall be made to adapt the property in a manner which requires minimal alteration of the building, structure, object, or site and its environment.

2. The distinguishing original qualities or character of a building, structure, object, or site and its environment shall not be destroyed. The removal or alteration of any historic material or distinctive architectural features should be avoided when possible.

3. All buildings, structures, objects, and sites shall be recognized as products of their own time. Alterations that have no historical basis and which seek to create an earlier appearance shall be discouraged.

4. Changes which may have taken place in the course of time are evidence of the history and development of a building, structure, object, or site and its environment. These changes may have acquired significance in their own right, and this significance shall be recognized and respected.

5. Distinctive stylistic features or examples of skilled craftsmanship which characterize a building, structure, object, or site shall be kept where possible.

6. Deteriorated architectural features shall be repaired rather than replaced, wherever possible. In the event replacement is necessary, the new material should reflect the material being replaced in composition, design, color, texture, and other visual qualities. Repair or replacement of missing architectural features should be based on accurate duplications of features, substantiated by historical, physical, or pictorial evidence rather than on conjectural designs or the availability of different architectural elements from other buildings or structures.

7. The surface cleaning of structures shall be undertaken with the gentlest means possible. Sandblasting and other cleaning methods that will damage the historic building materials should not be undertaken.

8. Every reasonable effort shall be made to protect and preserve archaeological resources affected by, or adjacent to, any project.

9. Contemporary design for alterations and additions to existing properties shall not be discouraged when such alterations and additions do not destroy

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significant historical, architectural, or cultural material, and such design is compatible with the size, scale, color, material, and character of the property, neighborhood, or environment.

10. Wherever possible, new additions or alterations to buildings, structures, objects, or sites shall be done in such a manner that if such additions or alterations were to be removed in the future, the essential form and integrity of the building, structure, object, or site would be unimpaired.

I. Economic Hardship Application Procedure

1. After receiving written notification from the Design and Historic Review Commission of the denial of a Certificate of Appropriateness, an applicant may commence the hardship process; or, this process may be simultaneous with the original Certificate of Appropriateness application procedure. No building permit or demolition permit shall be issued, unless the Commission makes a finding that hardship exists.

2. When a claim of economic hardship is made, due to the effect of this ordinance, the owner must prove that:

a. the property is incapable of earning a reasonable return, regardless of whether that return represents the most profitable return possible;

b. the property cannot be adapted for any other use, whether by the current owner or by a purchaser, which would result in a reasonable return; and

c. efforts to find a purchaser interested in acquiring the property and preserving it have failed.

3. The applicant shall consult in good faith with the Commission, local preservation groups and interested parties in a diligent effort to seek an alternative that will result in preservation of the property. Such efforts must be shown to the Commission.

4. The Commission shall hold a public hearing on the application within 60 days from the date the application is received by the preservation officer. Following the hearing, the Commission has 30 days in which to prepare a written recommendation to the building official. In the event that the Commission does not act within 90 days of the receipt of the application, a permit may be granted.

5. All decisions of the Commission shall be in writing. A copy shall be sent to the applicant by mail and a copy filed with the Planning Division and the

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Permits Division. The Commission's decision shall state the reasons for granting or denying the hardship application.

J. Appeal

An applicant for a Certificate of Appropriateness dissatisfied with the action of the Commission relating to the issuance or denial of a Certificate of Appropriateness shall have the right to appeal to the City Council within 30 days after receipt of notification of such action. The City Council shall give notice, follow publication procedure, hold hearings, and make its decision in the same manner and according to the same procedures as provided in Sec. 212 of Chapter 12, Exhibit A “Zoning Ordinance, of the Code of Ordinances of the City of San Angelo, except that review and public hearing by the Planning Commission shall not be necessary.

K. Enforcement

All work performed pursuant to a Certificate of Appropriateness issued under this Zoning Ordinance shall conform to any requirements included therein. It shall be the duty of the Building Official or his/her designee to inspect periodically any such work to assure compliance. In the event work is not being performed in accordance with the Certificate of Appropriateness, or upon notification of such fact by the Design and Historic Review Commission and verification by the Building Official, the Building Official shall issue a stop work order and all work shall immediately cease. No further work shall be undertaken on the project as long as a stop work order is in effect.”

Section 11 That Chapter 12, Exhibit A “Zoning Ordinance”, Article 3 “Use Regulations”,

Section 308 “HO (Historic Overlay Zone)”, Subpart F “Demolition by Neglect” of the Code of Ordinances, City of San Angelo, Texas, is hereby restated to read as follows:

“F. Demolition by Neglect

No owner or person with an interest in real property designated as a landmark or included within an historic district shall permit the property to fall into a serious state of disrepair so as to result in the deterioration of any exterior architectural feature which would, in the judgment of the Design and Historic Review Commission, produce a detrimental effect upon the character of the historic district as a whole or the life and character of the property itself. Examples of such deterioration shall include the following.

1. Deterioration of exterior walls or other vertical supports.

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2. Deterioration of roofs or other horizontal members.

3. Deterioration of exterior chimneys.

4. Deterioration or crumbling stucco or mortar.

5. Ineffective waterproofing of exterior walls, roof, or foundations, including broken windows or doors.

6. Deterioration of any feature so as to create a hazardous condition which could lead to the claim that demolition is necessary for the public safety.”

Section 12 That Chapter 12, Exhibit “C” “Land Development and Subdivision Ordinance,

Chapter 5 “Procedural Requirements for Processing Subdivisions” is hereby amended by repealing Section VII “River Corridor Developments”.

Section 13 That the terms and provisions of this ordinance shall be deemed to be severable

in that if any provision in this ordinance shall be declared to be invalid, the same shall not affect the validity of any other provision of this ordinance.

Section 14 This Ordinance shall become effective from and after its adoption. INTRODUCED on the day of 2012 and finally PASSED, APPROVED AND ADOPTED on this the day of 2012. THE CITY OF SAN ANGELO BY: Alvin New, Mayor ATTEST: BY: Alicia Ramirez, City Clerk Approved as to Content: Approved as to Form: A.J. Fawver, Planning Manager Lysia H. Bowling, City Attorney

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AN ORDINANCE AMENDING CHAPTER 2 “ADMINISTRATION”, OF THE CODE OF ORDINANCES OF THE CITY OF SAN ANGELO BY REPEALING ARTICLE 2.3000 ENTITLED “HISTORIC PRESERVATION COMMISSION” IN ITS ENTIRETY; REPEALING ARTICLE 2.2800 ENTITLED “RIVER CORRIDOR COMMISSION” IN ITS ENTIRETY AND ENACTING A NEW ARTICLE 2.2800 ENTITLED “DESIGN AND HISTORIC REVIEW COMMISSION”; PROVIDING FOR THE CREATION OF THE COMMISSION; PROVIDING FOR THE QUALIFICATIONS AND TERMS OF COMMISSIONERS; PROVIDING FOR DUTIES, OFFICERS, HISTORIC PRESERVATION OFFICER, EX-OFFICIO MEMBERS, AND QUORUM OF THE COMMISSION; PROVIDING FOR BYLAWS; PROVIDING FOR MEETINGS AND MINUTES; PROVIDING FOR ABSENT MEMBERS; AMENDING CHAPTER 12, “PLANNING AND DEVELOPMENT”, ARTICLE 2 “DEVELOPMENT REVIEW, SECTION 215 “DECISION-MAKING BODIES AND OFFICIALS” BY AMENDING SUBPRAGRAPH “E” SETTING FORTH POWERS OF THE DESIGN AND HISTORIC REVIEW COMMISSION; AMENDING CHAPTER 12, “PLANNING AND DEVELOPMENT”, ARTICLE 2 “DEVELOPMENT REVIEW, SECTION 215 “DECISION-MAKING BODIES AND OFFICIALS” BY REPEALING SUBPARAGRAPH “F”; AMENDING CHAPTER 12, “PLANNING AND DEVELOPMENT”, ARTICLE 12.700 “RIVER CORRIDOR DEVELOPMENT”, BY REPEALING SECTIONS 12.704 AND 12.705 AND RESTATING SECTION 12.702 ”DEFINITION OF RIVER CORRIDOR” AND 12.703 “ISSUANCE OF BUILDING PERMITS; APPEALS”, PROVIDING FOR REVIEW OF CONSTRUCTION PLANS BY THE DESIGN AND HISTORIC REVIEW COMMISSION; AMENDING CHAPTER 12, “PLANNING AND DEVELOPMENT”, ARTICLE 12.800 “HISTORIC PRESERVATION TAX ABATEMENT”, BY RESTATING SECTION 12.802 “HISTORIC OVERLAY ZONE TAX ABATEMENT”, AND SECTION 12.803 “HISTORIC PROJECT TAX ABATEMENT”, TO PROVIDE FOR HISTORIC OVERLAY TAX ABATEMENT AND REVIEW BY THE DESIGN AND HISTORIC REVIEW COMMISSION, TO PROVIDE FOR HISTORIC PROJECT TAX ABATEMENT ON APPLICATION TO THE DESIGN AND HISTORIC REVIEW COMMISSION AND PROVIDING FOR APPEALS; AMENDING CHAPTER 12, “PLANNING AND DEVELOPMENT”, EXHIBIT A, “ZONING ORDINANCE”, ARTICLE 2 “DEVELOPMENT REVIEW”, BY RESTATING SECTION 202 “SUMMARY OF DEVELOPMENT REVIEW PROCEDURES”, TO PROVIDE A SUMMARY OF DEVELOPMENT REVIEW PROCEDURES; AMENDING CHAPTER 12, “PLANNING AND DEVELOPMENT”, EXHIBIT A, “ZONING ORDINANCE”, ARTICLE 2, “DEVELOPMENT REVIEW”, BY RESTATING SECTION 211 “HISTORIC OVERLAY ZONE”, PROVIDING FOR A HISTORIC OVERLAY ZONE AND PROCEDURES FOR DESIGNATION OF LANDMARK OR DISTRICTS, FOR PUBLIC HEARING BEFORE THE DESIGN AND HISTORIC REVIEW COMMISSION, AND FOR APPEAL; AMENDING CHAPTER 12,

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“PLANNING AND DEVELOPMENT”, EXHIBIT A, “ZONING ORDINANCE”, BY REPEALING ARTICLE 3 “USE REGULATIONS”, SECTION 308 “HO (HISTORIC OVERLAY ZONE)”, SUBCHAPTER F “DEMOLITION BY NEGLECT”; AMENDING CHAPTER 12, “PLANNING AND DEVELOPMENT, EXHIBIT C, “LAND DEVELOPMENT AND SUBDIVISION ORDINANCE”, CHAPTER 5 “PROCEDURAL REQUIREMENTS FOR PROCESSING SUBDIVISIONS” BY REPEALING SECTION VII “RIVER CORRIDOR DEVELOPMENT; PROVIDING FOR SEVERABILITY OF TERMS AND PROVISIONS; AND, PROVIDING FOR AN EFFECTIVE DATE.

WHEREAS; the City of San Angelo draws upon its citizens for their experience, knowledge and expertise to serve as volunteers on a number of boards and commissions, and is reviewing the functions of its advisory boards and commissions in order to reduce duplication of effort and enhance efficiency and effectiveness; and, WHEREAS; the City of San Angelo is served by a River Corridor Commission, a design review commission that is advisory to the City Council relating to development along the River Corridor; and, WHEREAS, the City of San Angelo is served by a Historic Preservation Commission, a design review commission that is advisory to the City Council relating to the recommendation and designation of landmarks and historic districts, the majority of such landmarks and historic district being along the River Corridor; and, WHEREAS, matters within the sphere of the River Corridor Commission often relate to and have an impact on matters within the sphere of the Historic Preservation Commission, and matters within the sphere of the Historic Preservation Commission often relate to and have an impact on matters within the sphere of the River Corridor Commission, such that reconstitution of the River Corridor Commission and Historic Preservation Commission into a single Design and Historic Review Commission will coordinate performance of the administrative and advisory functions served by said commissions and improve efficiency and effectiveness; NOW THEREFORE BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF SAN ANGELO:


Angelo, Texas, is hereby amended by repealing Article 2.3000 “Historic Preservation Commission”.


Angelo, Texas, is hereby amended by repealing Article 2.2800 “River Corridor Commission”, and adopting a new Article 2.2800 entitled “Design and Historic Review Commission” which Article shall read as follows:

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“Sec. 2.2801 Creation of Design and Historic Review Commission A Design and Historic Review Commission is hereby created and established within the City of San Angelo, reconstituting the River Corridor Commission and the Historic Preservation Commission into a single Design and Historic Review Commission. Said Design and Historic Review Commission shall be composed of seven (7) regular members who shall be appointed by the City Council. Candidates shall have a known or demonstrated interest in, general knowledge of, and experience relevant to historic preservation or other professional design field within the City of San Angelo. To the extent that candidates are available among the residents of the community, appointments shall be made by the City Council based upon the following qualifications:

1. at least two (2) members shall be licensed or otherwise recognized as professional in architecture, landscape architecture, design, engineering, surveying, or related profession; and,

2. at least one (1) member shall be recognized as a historian or a member of a local historic preservation group; and,

3. at least one (1) member shall be an owner of real property within the River Corridor; and,

4. at least one (1) member shall own real property designated or recognized as a community landmark, or within a designated historic district; and,

5. at least two (2) membersone (1) member shall be a members of the Board of Directors of Downtown San Angelo, Inc.a downtown development organization under contract with the City of San Angelo.

Sec. 2.2802 Ex-Officio Members The Planning Manager and the Building Official of the City shall serve as non-voting, ex-officio members of the Commission. Sec. 2.2803 Qualifications All members of the Commission shall be eighteen (18) years of age or older and residents of the City of San Angelo, Tom Green County, Texas. Sec. 2.2804 Terms Of the members first appointed by the City Council, four (4) appointments shall be for four two year terms and three (3) appointments shall be for three one year terms. Thereafter, All appointments shall be for threetwo (2) year terms, except vacancies for unexpired terms which shall be filled by appointment of the City Council for the remainder of the unexpired term. Service on the Commission shall be limited to two (2) consecutive terms. Commission members shall serve without compensation at the pleasure of the City Council, subject to termination at any time without cause.

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Sec. 2.2805 Duties The duties of the Design and Historic Review Commission shall include acting as an advisory Commission to the City Council in matters of design review relating to historic preservation in the City and development along the Concho River. The responsibility of the Commission within the scope of its general authority shall include the authority to:

1. Prepare bylaws, rules, and regulations to carry out the business of the

commission, which shall be ratified by the City Council. 2. Adopt criteria for the designation of historic, architectural, and cultural

landmarks and delineation of historic districts, which shall be ratified by the City Council.

3. Prepare and present to the City Council, recommendations for policies and ordinances regarding development and all types of signage along the Concho River and other similar bodies of water as designated, which shall be ratified by the City Council.

4. Conduct surveys and maintain an inventory of significant historic, architectural, and cultural landmarks and all properties located in historic districts within the city.

5. Recommend the designation of landmarks, historic districts, and other types of districts.

6. Recommend conferral of recognition upon the owners of landmarks or properties within districts by means of certificates, plaques, or markers.

7. Increase public awareness of the value of historic, cultural, and architectural preservation by developing and participating in public educational programs.

8. Increase public awareness of the value of open spaces, public spaces, natural habitats, and wildlife along the Concho River and other similar bodies of water as designated by developing and participating in public educational programs.

9. Make recommendations to the City Council concerning the utilization of state, federal, or private funds to promote the preservation of open and public spaces along the Concho River and other similar bodies of water as designated.

10. Make recommendations to the City Council concerning the utilization of state, federal, or private funds to promote the preservation of landmarks and historic districts within the city.

11. Approve or deny applications for Certificates of Appropriateness pursuant to provisions of the City of San Angelo Zoning Ordinance.

12. Prepare specific design guidelines for the review of landmarks, districts, and construction & demolition of historic buildings.

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13. Recommend the acquisition of a landmark structure by the City of San Angelo where its preservation is essential to the purpose of this article and where private preservation is not feasible.

14. Recommend the acquisition of land along the Concho River and other similar bodies of water as designated by the City of San Angelo where its proximity to the river is vital to the purpose of this article.

15. Recommend to the City Council tax abatement and other economic development programs for the preservation of landmarks or historic districts.

16. Recommend to the City Council tax abatement and other economic development programs for sustainable developments along the Concho River and other similar bodies of water as designated.

17. Recommend to the City Council the acceptance of the donation of preservation easements and development rights as well as any other gift of value for the purpose of historic and environmental preservation.

18. Carry out other duties as specifically delegated to the Commission by the City Council.

Sec. 2.2806 Officers The Commission shall elect from the appointed members of the Commission a Chairperson and a Vice-Chairperson to serve in the absence of the Chairperson. The Chairperson and Vice-Chairperson shall serve in their respective capacities for one (1) year terms or until their term of appointment to the Commission expires, whichever shall first occur. No Chairperson or Vice-Chairperson shall serve in such capacity for more than three (3) consecutive years. The Planning Manager for the City, or the Manager’s designee, shall serve as Secretary to the Commission. The Commission shall elect such other officers as the Commission may establish in its by-laws. 2.807 Historic Preservation Officer The City Council or its designee shall appoint a City official, City staff person, or resident of the City having a known or demonstrated interest in, general knowledge of, and experience relevant to historic preservation or other professional design field to serve as the Historic Preservation Officer (HPO) for the city, to facilitate the administration of this Article and serve as an advisor to the Commission on request of the Commission. The Historic Preservation Officer, in coordination with the Secretary for the Commission and the Planning Manager or his/her designee, shall coordinate the preservation efforts of the Commission with applicable state and federal agencies and non-profit organizations. Sec. 2.2808 Quorum and Voting All regular members of the Commission, excepting ex-officio members, shall have voting rights. FourFive (5) duly appointed regular members of the Commission shall constitute a quorum. The affirmative vote of four members is required to approve any

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item brought before the Commission. a majority of the regular members present at a properly called meeting with a quorum present shall be the act of the Commission.

Sec. 2.2809 Bylaws and Rules The Commission shall adopt and may amend from time to time its bylaws, establishing rules for its regulation, effective upon approval of the City Council. Said bylaws and amendments thereto as approved by the City Council shall be filed with the City Clerk. The Commission may adopt rules or regulations in conformity with its bylaws relating to the administration of its business. Sec. 2.2810 Meetings The Commission shall adopt a schedule providing for at least one regular meeting per calendar month and may make provision for such other meetings as it deems appropriate. Meetings of the Commission shall be held pursuant to public notice and shall be open to the public in compliance with the Texas Open Meetings Act.

Sec. 2.2811 Minutes The Commission shall keep minutes of its proceedings in a permanent record and a certified copy of said minutes shall be filed with the Secretary for the Commission. Sec 2. 2812 Committees The Commission may create ad hoc or standing committees of less than a quorum of the Commission members, which may include residents of the City who are not Commission members, as needed or deemed desirable to address specific matters within the purview of the Commission. Committees shall report to the Commission and shall have the authority to gather information, make reports and prepare recommendations for consideration by the Commission.

Sec. 2.2813 Absenteeism of Members In the event of three (3) unexcused absences from regularly scheduled meetings, a Commission member shall be deemed to have resigned. The Commission shall adopt provision for excusing absences in its bylaws.

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Sec. 2.2814 Severability The terms and provisions of this article shall be deemed to be severable in that if any portion of this article shall be declared to be invalid, the same shall not affect the validity of the other provisions of this article.”

Section 3 That Chapter 12 “Planning and Development”, Article 2 “Development Review” Section 215 “Decision-Making Bodies and Officials”, Subparagraph E “Historic Preservation Commission” is amended to read as follows:

“E. Design and Historic Review Commission The Design and Historic Review Commission shall exercise the following powers and be required to:

1. Review and recommend to the City Council designations of Historic Overlay Zones;

2. Render decisions on Certificates of Appropriateness required for alteration, new construction or demolition of structures in Historic Overlay Zones.”

Section 4 That Chapter 12 “Planning and Development”, Article 2 “Development Review” Section 215 “Decision-Making Bodies and Officials”, Subparagraph F “River Corridor Commission” is repealed.

Section 5 That Chapter 12 “Planning and Development”, Article 12.700 “River Corridor Development”, of the Code of Ordinances, City of san Angelo, Texas, is hereby amended by restating Section 12.702 to read as follows:

“Sec. 12.702 Definition of River Corridor

The River Corridor shall consist of all property within the following boundaries (all directions follow the center lines of the streets named, unless otherwise stated):

(1) BEGINNING AT A POINT on the center line of the O. C. Fisher Dam, same point being the city limits line, five hundred feet (500') feet north of the north band of the North Concho River,

(2) Thence, in an easterly and southerly direction five hundred feet (500') north of, and parallel to, the north bank of the North Concho River to a point, same point being the center line of 19th Street.

(3) Thence, in an easterly direction along the centerline of 19th Street to a point of intersection of 19th Street and the centerline of the Gulf, Colorado, and Santa Fe Railroad right-of-way.

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(4) Thence, in a southeasterly direction along the centerline of said railroad right-of-way to a point of intersection with the centerline of Bryant Blvd.

(5) Thence, southerly along Abe Street to Harris Avenue.

(6) Thence, in a westerly direction along Harris Avenue to David Street.

(7) Thence, southerly along David Street to Concho Avenue.

(8) Thence, easterly along Concho Avenue to Randolph Street.

(9) Thence, northerly along Randolph Street to Beauregard Avenue.

(10) Thence, northerly past Beauregard Avenue along Martin Luther King, Jr. Drive. to College Avenue.

(11) Thence, easterly along College Avenue to City Hall Plaza.

(12) Thence, northerly along City Hall Plaza to 1st Street.

(13) Thence, westerly along 1st Street to Farr Street.

(14) Thence, northerly along Farr Street to 2nd Street.

(15) Thence, easterly along 2nd Street to Gillis Street.

(16) Thence, northerly along Gillis Street to 3rd Street.

(17) Thence, easterly along 3rd Street to Oakes Street.

(18) Thence, southerly along Oakes Street to Harris Avenue.

(19) Thence, easterly along Harris Avenue to Magdalen Street.

(11) Thence, southerly along Magdalen Street to Beauregard Avenue.

(12) Thence, easterly along Beauregard Avenue to Emerick Street.

(13) Thence, northerly along Emerick Street to Harris Avenue.

(14) Thence, east along Harris Avenue to Browning Street.

(15) Thence, south along Browning street to Crenshaw Street.

(16) Thence, east along Crenshaw Street to Baze Street.

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(17) Thence, south along Baze Street to Green Street.

(18) Thence, east along Green Street to Buchannan Street.

(19) Thence, south along Buchannan Street to Roosevelt Street.

(20) Thence, east along Roosevelt Street to Irene Street.

(21) Thence, south along Irene Street to Schwartz Street.

(22) Thence, east along Schwartz Street to Bell Street.

(23) Thence, south along Bell Street to a point five hundred feet (500') north of the north bank of the Main Concho River.

(24) Thence, along a line running in an easterly direction five hundred feet (500') north of and parallel to, the north bank of the Main Concho River for approximately two miles east, to a point, same point being located on the west right-of-way line of East Loop 306, five hundred feet (500') north of the north bank of the Main Concho River.

(25) Thence, south along the west right-of-way line of East Loop 306, to a point five hundred feet (500') south of the south bank of the Main Concho River.

(26) Thence, in a westerly direction along a line five hundred feet (500') south of, and parallel to, the south bank of the Main Concho River, approximately 1.4 miles to a point, same point being the intersection of Kennedy Drive and Ford Street.

(27) Thence, west along Kennedy Drive to the intersecting point of Bell Street and Holiday Drive.

(28) Thence, west along Holiday Drive to Park Drive.

(29) Thence, southerly and westerly along Park Drive to a point of intersection with the centerline of Old Santa Fe Railroad right-of-way.

(30) Thence, in a southeast direction along the centerline of the railroad right-of-way to a point five hundred feet (500') from the south bank of the South Concho River.

(31) Thence, in a line running in a southerly direction five hundred feet (500') east of and parallel to the east bank of the South Concho River, to the centerline of Avenue L.

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(32) Thence, westerly along Avenue L to a point, same point being the projected intersection of Avenue L and Burgess Street.

(33) Thence, north along the projected line of Burgess Street to Highland Blvd.

(34) Thence, east along Highland Blvd. to Baker Street.

(35) Thence, northwest along Baker Street to Rust Street.

(36) Thence, north along Rust Street to a point of intersection with the approximate centerline of the Santa Fe Railroad right-of-way.

(37) Thence, from said point west along Allen Street to Webb Street.

(38) Thence, southeasterly along Webb Street to Bird Street.

(39) Thence, southwest along Bird Street to Oakes Street.

(40) Thence, south along Oakes Street to Avenue A.

(41) Thence, west along Avenue A to Hill Street.

(42) Thence, south along Hill Street to Avenue B.

(43) Thence, west along Avenue B to Randolph Street.

(44) Thence, south along Randolph Street to Avenue C.

(45) Thence, west along Avenue C to Abe Street.

(46) Thence, south along Abe Street to Avenue D.

(47) Thence, west along Avenue D to Washington Drive.

(48) Thence, north along Washington Drive to Harris Avenue.

(49) Thence, east along Harris Avenue to Park Drive.

(50) Thence, north along Park Drive to Pecos Street.

(51) Thence, east along Pecos Street to Cottonwood Street.

(52) Thence, north along Cottonwood Street to Rio Grande Street.

(53) Thence, east along Rio Grande Street to Hickory Street.

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(54) Thence, north along Hickory Street to Guadalupe Street.

(55) Thence, east along Guadalupe Street to Locust Street.

(56) Thence, north along Locust Street to the north right-of-way line of the East/West (Houston-Harte) Freeway.

(57) Thence, west along the north right-of-way line of the East-West (Houston-Harte) Freeway to Bishop Street.

(58) Thence, north along Bishop Street to the north boundary of Lot 5, Block 28, Brentwood Addition.

(59) Thence, in a southwest direction along the north line of Lots 5, 4, 3, 2, and 1 of Block 28, Brentwood Addition to Jefferson Street.

(60) Thence, north along Jefferson Street to Woodlawn Drive.

(61) Thence, southwesterly along Woodlawn Drive to the intersection point of Woodlawn Drive, Haralson Avenue and Jefferson Street.

(62) Thence, northwest along Jefferson Street to Junius Street.

(63) Thence, west along Junius Street to Van Buren Street.

(64) Thence, north along Van Buren Street to Wilson Street.

(65) Thence, east and north along Wilson Street to the intersection of Edmund Blvd.(29th Street) and Catalina Drive.

(66) Thence, north and west along Catalina Drive to the northeast corner of Lot 6, Block 19, Riverview Heights, same point being approximately five hundred feet (500') from the south bank of the North Concho River.

(67) Thence, from said point, in a westerly direction five hundred feet (500') south and parallel to the south bank of the North Concho River to a point, same point being the center line of the O. C. Fisher Dam which coincides with the city limits.

(68) Thence, in a northerly direction to the place of beginning.

Section 6 That Chapter 12 “Planning and Development”, Article 12.700 “River Corridor Development”, of the Code of Ordinances, City of San Angelo, Texas, is hereby amended by restating Section 12.703 to read as follows:

“Sec. 12.703 Issuance of Building Permits; Appeals

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(a) Any entity desiring to commence any construction work on property located within the River Corridor shall first make application to the Building Official. Upon the Building Official's certification that the proposed construction would be in compliance with the provisions of the City Code, the application shall be forwarded to the Planning Manager. If necessary, requests will then advance to the Design and Historic Review Commission for its review. The Commission will evaluate each application for compatibility with the purposes stated in this article.

(b) The word "construction" as used herein shall mean:

(1) new construction of any structure,

(2) remodeling of the exterior of an existing structure, or

(3) moving an existing structure within a lot or onto a lot within the River Corridor.

(c) The word "structure" as used herein shall include buildings of any type, whether or not such are completely enclosed, and signs and fences of any type.

(d) If the Commission approves issuance of the building permit, the Building Official shall issue such, upon payment of the appropriate fees. If the Commission finds that the building permit should not be issued, it will give its reason therefore and the Building Inspector will not issue such permit.

(e) The Planning Manager or designated representative may review building permit requests for conformance with the purposes in (a) of this subsection, if the request meets any of the following criteria:

(1) Placement of temporary structures and\or signs that will be in position no longer than ten days. All temporary facilities and signs must comply with all other City ordinances.

(2) Fences.

(3) Construction under 1200 square feet.

(4) Unlit signs, which are no larger than 50 square feet. Signs must conform to all requirements of the sign ordinance.

(5) Construction which is required by law, for the purpose of safety and access.

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(6) Reroofing or remodeling which does not materially change the appearance of the structure.

(f) Each request will be approved, denied, or approved with conditions. The Planning Manager may refer any case to the Design and Historic Review Commission for review and action. Any decision of the Planning Manager or designated representative may be appealed to the Design and Historic Review Commission.

(g) An applicant who is denied a building permit will have the right to appeal to the City Council within thirty (30) days of the Commission's decision. If the City Council approves the proposed construction, the Building Official shall then issue a permit therefore.”

Section 7 That Chapter 12 “Planning and Development”, Article 12.700 “River Corridor Development” of the Code of Ordinances, City of San Angelo, Texas, is hereby amended by repealing Sections 12.704 and 12.705.

Section 8 That Chapter 12 “Planning and Development”, Article 12.800 “Historic Preservation Tax Abatement” of the Code of Ordinances, City of San Angelo, Texas, is hereby amended by restating Section 12.802 and 12.803 to read as follows:

“Sec. 12.802 Historic Overlay Zone Tax Abatement

(a) The Historic Overlay Zone tax abatement requires no application from the property owner and shall be automatically provided when a property is zoned Historic Overlay Zone. The tax abatement shall remain until the City Council decides to discontinue the program or the abatement is removed from a subject property, or the Design and Historic Review Commission withholds tax abatement until restorations or repairs are made to the structure, as provided under subsection (d) of this section and Section 12.803 of this article, Historic Project Tax Abatement.

(b) Upon final council approval of any Historic Overlay Zoning, the Historic Preservation Officer or City staff shall notify the Tom Green County Tax Appraisal District. The tax assessor shall abate the real property taxes for said zone starting on January 1stfirst of the following year and each year thereafter.

(c) Abatement Method for contributing properties with Historic Overlay Zoning:

(1) A contributing property within a Historic Overlay Zone is a property that is considered to be historically significant by local, state, or federal governments that rank historic properties and generally follow the guidelines of the National Park Service, Department of the Interior, for listing on the National Register of Historic Places.

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(2) The tax assessor shall provide a real property tax abatement of up to $200 per year or, a real property tax abatement equal to 20% of the annual taxes, whichever is greater, for contributing properties in Historic Overlay Zones. The annual tax abatement shall not exceed $1000 for an individual property. Tax abatement shall not be construed to mean a reduction per year which is greater than the annual taxes which would normally be charged; nor shall the abatement reduce the annual taxes to an amount less than $50.00.


(d) Tax Reduction for Noncontributing Properties Within Historic Overlay Zoning Districts:

(1) A noncontributing property within a Historic Overlay Zone is a property that is considered not to be historically significant by state, local or federal governments that rank historic properties and generally follow the guidelines of the National Park Service, Department of the Interior, for listing on the National Register of Historic Places.

(2) The tax abatement for noncontributing properties shall be 10% or $100 per year, whichever is greater. The tax abatement shall not be construed to mean a reduction per year which is greater than the annual taxes which would normally be charged; nor shall the abatement reduce the taxes to an amount less than $50.00. The annual tax abatement shall not exceed $500 for an individual property. Whenever an Historic Overlay Zone is approved by the city council, the Tax Appraisal District shall be notified of the tax abatement. The property owner need not apply.

(3) Tax abatement shall remain in place as long as the city council continues the historic tax abatement program.

(4) Noncontributing properties do not qualify for the historic project tax abatement as outlined in Section 12.803 of this article.

(5) Neither method of tax abatement (10% or $100) shall be construed to mean a reduction per year which is greater than the annual taxes which would normally be charged; nor shall the abatement reduce the annual taxes to an amount less than $50.00.


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(e) If a Historic Landmark within a Historic Overlay Zone is altered or destroyed, the following may apply:

(1) If the Historic Preservation Officer or Planning Manager has reason to believe that a contributing property within a Historic Overlay Zone has been totally or partially destroyed or altered by the willful act or negligence of the owner or his or her representative, the Historic Preservation Officer or Planning Manager shall schedule the matter for the earliest possible consideration by the Design and Historic Review Commission. If, after giving notice to the land owner and public hearing, the Design and Historic Review Commission determines that the property has been totally or partially destroyed or altered by the willful act or negligence of the owner or his or her representative, the Design and Historic Review Commission shall recommend to the City Council:

i. that the Historic Overlay Zone remain for a specified period of time for repair or restoration of the structure;

ii. that the Historic Overlay Zone be removed from the property and that the tax abatement terminate; or

iii. that the Historic Overlay Zone be continued and that the property become a noncontributing property as determined under Section 12.802(d) of this Article

The City Council shall give notice and conduct a public hearing according to the same procedures as provided in Chapter 12, Exhibit A, Article 2, of the Zoning Ordinance. The decision of the City Council shall be final.

(2) If the Historic Overlay Zone is removed, the Design and Historic Review Commission shall require the owner, or his heirs, assigns, or successors, to pay during the forthcoming seven (7) year period, any taxes that may have been abated during the previous seven (7) years under this article. Upon making such findings, the Design and Historic Review Commission or its representative shall file a written request with the tax assessor to discontinue the historic zone tax abatement for the property. Abated taxes will be recaptured over the same number of years for which abatement was received. The amount of taxes to be recaptured each year shall be according to the following formula:

Total taxes abated for the previous seven years divided by the

number of years taxes were abated.

(3) Where a Historic Landmark is totally or partially destroyed or altered other than by the willful act or negligence of the owner or his or

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her representative, the owner shall, within thirty (30) days request a demolition permit when restoration or repair is not feasible, or request a building permit to reconstruct the historic landmark in accordance with the Zoning Ordinance. The determination as to whether restoration is feasible shall be made by the Design and Historic Review Commission, as part of the Certificate of Appropriateness review procedure, outlined in the Zoning Ordinance, required to be followed in obtaining a demolition or building permit. In cases where a demolition permit is issued by the city because restoration is not feasible, the commission shall recommend to the Planning Commission and the Planning Commission recommend to the City Council that the Historic Overlay Zoning be removed. In addition, the Design and Historic Review Commission shall remove all historic zone tax abatement and any other tax abatements described in this article and applicable to the subject zone.

Sec. 12.803 Historic Project Tax Abatement

(a) Owners of property within an Historic Overlay Zone shall be eligible to apply to the Design and Historic Review Commission for a project tax abatement.

(b) A property owner or his or her agent may apply for up to a 50% real property tax abatement of city taxes for property improvements within a Historic Overlay Zone. The 50% credit shall be limited to ten (10) years per approved project, or until the amount received by the property owner through tax abatement equals the eligible project costs, whichever occurs first. A current or new owner shall continue to receive credit until the ten (10) 10 year credit period expires. After an existing ten (10) 10 year period expires, a new 10 year ten (10) ar credit period may be applied for; credit time periods shall not run concurrently. The Planning Manager shall keep records of all approved work and allotted time periods. All information shall be forwarded to the Tom Green County Tax Appraisal District.

(c) Eligible projects shall amount to $10,000 or more and may include exterior improvements and some interior improvements limited to the frame (walls, floor and ceiling) as well as plumbing, electrical wiring, and mechanical items (heating, cooling, and ventilation). Fixtures, decorative items and personal property shall not normally be eligible for consideration (See subsection (d), below). Appropriate costs for tax abatement projects on all structures will include material and labor for repairing, replacing, or adding, if like the original, or as close to the original as possible, subject to compliance with applicable building codes, any of the following:

(1) Structural walls;

(2) Structural subfloors;

(3) Structural ceilings;

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(4) Exterior doors;

(5) Exterior paint;

(6) Mechanical equipment;

(7) Windows;

(8) Any exterior brick veneers, or treatments;

(9) All electrical wiring and no fixtures (See subsection (d), below);

(10) Roof - structural and integrity, gutter or roof drainage systems;

(11) Facade items;

(12) Elevators in commercial buildings;

(13) Architectural, engineering, constructive demolition and clean up if it is directly related to work contained in the COA or project proposal;

(14) Foundations;

(15) Any termite damage or treatment; or,

(16) Security or fire protection systems - in relation to the protection of the building.

(d) Provable, documented replacement of historic fixtures may be considered as eligible. This determination will be made by the Design and Historic Review Commission.

(e) Ineligible costs include but are not limited to the following:

(1) Overhead;

(2) Taxes;

(3) Postage;

(4) Administrative payroll (On-site employee payroll shall be eligible);

(5) Equipment repairs;

(6) Tools;

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(7) Interior cabinets;

(8) Portable restrooms;

(9) Lodging and meals;

(10) Any items not directly related to the structural integrity or viability of the building; or

(11) Fixtures (See subsection (d), above).

(f) A property owner currently receiving a project tax abatement may apply for tax abatement for additional projects which, if approved, shall be credited to the owners project tax abatement account. After a current project has received tax abatement equal to the eligible costs, or the ten year period has expired, then tax abatement may commence for another approved project up to a maximum of ten (10) 10 years per project.

(g) All approved project tax abatements shall run with the land and shall not be affected by changes in property ownership.

(h) The 50% tax abatement shall apply to any subsequent increase in the rate of taxation or assessed valuation.

(i) Application and Approval Process. Prior to filing an application with the Planning Division for a historic project tax abatement, the prospective applicant shall:

1. Certify to the Planning Manager or his representative that the subject property is within a Historic Overlay Zone.

2. Certify to the Planning Manager or his representative that the project abatement request is for a project which has received a Certificate of Appropriateness. If a Certificate of Appropriateness has not been acquired, the applicant shall submit a "project proposal" to the Planning Division for presentation to the Design and Historic Review Commission for tentative or conditional approval before the property owner proceeds further.

3. Shall complete the process set forth under Chapter 12, Exhibit A, Article 2, and secure a Historic Overlay Zone designation.

4. Certify to the Planning Manager or his representative that the improvement project for which the applicant wishes to apply for a tax abatement has been completed.

5. An application for an improvement project for a tax abatement shall be initiated by the owner of the subject property or his agent, by completion of the appropriate application forms provided by the Planning Manager or his representative. The application shall include all receipts for the cost of the project as well as an affidavit affirming that all information on the application is correct and that the receipts presented are for the cost of the project. Said

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applications shall be received by the Planning Manager or his representative at least twenty (20) days prior to a public hearing by the Design and Historic Review Commission. This same procedure applies in the case of a Historic Overlay Zone or an Historic Overlay District. In each case if desired the property owner must apply for a project tax abatement.

6. The Planning Manager or his designee shall prepare a report for the Design and Historic Review Commission members assessing whether the project was completed as proposed in the project proposal or the Certificate of Appropriateness and stating any other facts or information that may be useful to the Commission when reviewing the application.

7. The Design and Historic Review Commission shall hold a public hearing on all requests for Historic Project Tax Abatement. Said hearing shall not be scheduled until the completed application form is submitted.

8. Public notice shall include the date, time, and place of the public hearing, legal description of the property, and a general description of the applicant's request for a project tax abatement. Said notice shall be posted at city hall and published in the official newspaper as required by the Texas Open Meetings Act.

9. The Planning Manager shall be responsible for notice requirements. When the Planning Manager has provided such notice as required on a request for historic project tax abatement, the interest of the public will be deemed to have been attached to the request, and the proponent may not then withdraw the request prior to the hearing.

10. After hearing the request, the Design and Historic Review Commission may allow the withdrawal of the request upon the affirmative vote of six (6) of its members.

11. At the public hearing, the Design and Historic Review Commission shall determine, from the data submitted by the applicant and the information provided by staff, if the completed project is substantially in compliance with the project proposal or the Certificate of Appropriateness. If the Commission finds that additional information relative to the pending application is necessary for its review the Commission may postpone the public hearing on an application until such information is provided.

12. The Design and Historic Review Commission shall have the authority to approve or disapprove an application for project tax abatement, or to approve a request with such conditions as the Commission deems necessary to bring the project into compliance with the approved project proposal or the Certificate of Appropriateness. The Commission shall not approve requests for historic project tax abatement where the project was completed prior to the adoption of this article and the applicant has not obtained a Certificate of Appropriateness, if one is required, or where the applicant has not substantially complied with the requirements imposed on a project proposal or Certificate of Appropriateness.

(j) Appeals.

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(1) Any request for historic project tax abatement that has been denied by the Design and Historic Review Commission may, within 10 ten (10) days of said decision, be appealed to the City Council. The appellant must, within the time specified, submit a written notice to the City Manager or his representative. The City Manager shall ensure that the proposed change is placed on the agenda of the City Council at the earliest practical date.

(2) An affirmative vote of at least five (5) members of the City Council shall be necessary to overturn a decision appealed from the Design and Historic Review Commission. The decision of the City Council shall be final.

(k) Effective Date. The tax assessor shall abate taxes upon final Design and Historic Review Commission approval or where the City Council has provided approval for a historic project tax abatement. Upon approval, the Planning Manager shall, within ten (10) 10 days of said decision, notify the tax assessor. The tax assessor shall abate the taxes for the subject zone in accordance with this article and as indicated by the approved request. Such tax abatement shall take effect starting on January first of the following year and each year thereafter until the amount of taxes abated equals the eligible project costs or until the expiration of the ten (10) year period, or until the City Council notifies the tax assessor to terminate the project tax abatement.

(l) Program Discontinuance. Should the City Council decide to discontinue the historic project tax abatement program, all project tax abatements shall be permitted to continue for up to twenty (20) years, subject to recapture. Once the Council discontinues the program, the Historic Preservation Officer shall not accept any new applications for historic project tax abatement.”

Section 9 That Chapter 12, Exhibit A “Zoning Ordinance”, Article 2 “Development Review”, Section 202 “Summary of Development Review Procedures” of the Code of Ordinances, City of San Angelo, Texas, is hereby restated to read as follows:

“Sec. 202. Summary of Development Review Procedures

The following table summarizes the level of review for each development review procedure.

21

Section 10 That Chapter 12, Exhibit A “Zoning Ordinance”, Article 2 “Development Review”, Section 211 “Historic Overlay Zone” of the Code of Ordinances, City of San Angelo, Texas, is hereby restated to read as follows:

“Sec. 211. Historic Overlay Zone

A. Purpose.

The Historic Overlay Zone provides additional regulations that supplement the underlying base district regulations for the purpose of preserving historic landmarks and districts.

B. Procedure for Designation of Landmark or District.

Designation of historic landmarks or districts is accomplished by encompassing each such landmark or district within a Historic Overlay zone by amendment to the Official Zoning Map for the City. Such an amendment must be approved by ordinance of City Council, following a public hearing and recommendation by the Design and Historic Review Commission, who shall act in this matter in place of the Planning Commission. The procedures of Sec. 212 regarding amendments to the Official Zoning Map shall apply, with delegation of the Planning Commission's duties and responsibilities to the Design and Historic Review Commission, and using criteria set forth in subsections C and D below.

C. Criteria for Designation of Historic Landmarks.

A Historic Landmark may be designated through application of the Historic Overlay Zone if it:

1. possesses significance in history, architecture, archaeology, or culture;

2. is associated with events that have made a significant contribution to the broad patterns of local, regional, state, or national history;

3. is associated with the lives of persons significant in our past;

4. embodies the distinctive characteristics of a type, period, or method of construction;

5. represents the work of a master designer, builder, or craftsman;

6. represents an established and familiar visual feature of the city;

7. possesses high artistic values, or represents a significant and distinguishable entity whose components may lack individual distinction; or

22

8. has yielded, or may be likely to yield, information important in prehistory or history.

D. Criteria for Designation of Historic Districts.

A Historic District may be designated through application of the Historic Overlay Zone if it:

1. Contains properties and an environmental setting that meet one or more of the criteria for designation of an historic landmark; and

2. Constitutes a distinct section of the city.

E. Certificate of Appropriateness Required for Alteration or New Construction.

No person shall carry out any exterior new construction, reconstruction, alteration, restoration, any exterior new rehabilitation, or relocation of any historic landmark or on any property within a historic district without a Certificate of Appropriateness. Nor shall any person make any material change in the light fixtures, signs, sidewalks, fences, steps, paving, building exteriors or other exterior elements in a district or to a landmark, visible from a public right-of-way in that district or landmark, which affect the appearance and cohesiveness of any historic landmark or any property within the historic district without obtaining a Certificate of Appropriateness from the Design and Historic Review Commission.

F. Certificate of Appropriateness Required for Demolition.

A permit for the demolition of an historic landmark or property within an historic district, including secondary buildings and landscape features, shall not be granted by the Building Official, without the review of a completed application for a Certificate of Appropriateness approved by the Design and Historic Review Commission, as provided for above.

G. Certificate of Appropriateness Application Procedure.

1. Prior to the commencement of any work requiring a Certificate of Appropriateness, the owner shall file an application for such a certificate with the Historic Preservation Officer or his/her designee. The application shall contain:

a. Name, address, telephone number of applicant, detailed description of proposed work.

b. Location and current photograph of the property and adjacent properties and historical photographs, if available.

23

c. Elevation drawings of the proposed changes, if available.

d. Samples or description of materials to be used.

e. If the proposal includes signs or lettering, a scale drawing showing the type of lettering to be used, all dimensions and colors, a description of materials to be used, method of illumination (if any), and a plan showing the sign's location on the property.

f. Any other information which the Historic Preservation Officer may deem necessary in order to visualize the proposed work.

g. Elevation drawings of the proposed changes.

h. Samples of materials to be used.

ii. Any other information which the Planning Manager or designee may deem necessary in order to visualize the proposed work.

2. No building permit shall be issued for such proposed work until a Certificate of Appropriateness has first been issued by the Design and Historic Review Commission. The Certificate of Appropriateness required by this Section shall be in addition to, and not in lieu of, any permit for building or other construction-related activity that may be required by any other City ordinance.

3. The Design and Historic Review Commission shall review the application at a regularly scheduled meeting within forty-five (45) days from the date the application is received, at which time an opportunity will be provided for the applicant to be heard. The Commission shall take one of the following actions on the permit: approve, approve with modifications, or deny the application. In the event the Commission does not act within ninety (90) days of the receipt of the application, the Certificate of Appropriateness shall be deemed to have been approved.

4. All decisions of the Design and Historic Review Commission shall be in writing. The Commission's decision shall state its findings pertaining to the approval, denial, or modification of the application. A copy shall be sent to the applicant. Additional copies shall be filed as part of the public record on that property and dispersed to the Planning Division and the Permits Division.

H. Criteria for Approval of a Certificate of Appropriateness.

Approval of applications for Certificates of Appropriateness shall be determined by the Design and Historic Review Commission, following a public hearing on the matter. In considering an application for a Certificate of Appropriateness,

24

the Commission shall be guided by any specific design guidelines adopted for a particular district or landmark, and where applicable, the following from The Secretary of the Interior's Standards for the Rehabilitation of Historic Buildings:

1. Every reasonable effort shall be made to adapt the property in a manner which requires minimal alteration of the building, structure, object, or site and its environment.

2. The distinguishing original qualities or character of a building, structure, object, or site and its environment shall not be destroyed. The removal or alteration of any historic material or distinctive architectural features should be avoided when possible.

3. All buildings, structures, objects, and sites shall be recognized as products of their own time. Alterations that have no historical basis and which seek to create an earlier appearance shall be discouraged.

4. Changes which may have taken place in the course of time are evidence of the history and development of a building, structure, object, or site and its environment. These changes may have acquired significance in their own right, and this significance shall be recognized and respected.

5. Distinctive stylistic features or examples of skilled craftsmanship which characterize a building, structure, object, or site shall be kept where possible.

6. Deteriorated architectural features shall be repaired rather than replaced, wherever possible. In the event replacement is necessary, the new material should reflect the material being replaced in composition, design, color, texture, and other visual qualities. Repair or replacement of missing architectural features should be based on accurate duplications of features, substantiated by historical, physical, or pictorial evidence rather than on conjectural designs or the availability of different architectural elements from other buildings or structures.

7. The surface cleaning of structures shall be undertaken with the gentlest means possible. Sandblasting and other cleaning methods that will damage the historic building materials should not be undertaken.

8. Every reasonable effort shall be made to protect and preserve archaeological resources affected by, or adjacent to, any project.

9. Contemporary design for alterations and additions to existing properties shall not be discouraged when such alterations and additions do not destroy significant historical, architectural, or cultural material, and such design is compatible with the size, scale, color, material, and character of the property, neighborhood, or environment.

25

10. Wherever possible, new additions or alterations to buildings, structures, objects, or sites shall be done in such a manner that if such additions or alterations were to be removed in the future, the essential form and integrity of the building, structure, object, or site would be unimpaired.

I. Economic Hardship Application Procedure

1. After receiving written notification from the Design and Historic Review Commission of the denial of a Certificate of Appropriateness, an applicant may commence the hardship process; or, this process may be simultaneous with the original Certificate of Appropriateness application procedure. No building permit or demolition permit shall be issued, unless the Commission makes a finding that hardship exists.

2. When a claim of economic hardship is made, due to the effect of this ordinance, the owner must prove that:

a. the property is incapable of earning a reasonable return, regardless of whether that return represents the most profitable return possible;

b. the property cannot be adapted for any other use, whether by the current owner or by a purchaser, which would result in a reasonable return; and

c. efforts to find a purchaser interested in acquiring the property and preserving it have failed.

3. The applicant shall consult in good faith with the Commission, local preservation groups and interested parties in a diligent effort to seek an alternative that will result in preservation of the property. Such efforts must be shown to the Commission.

4. The Commission shall hold a public hearing on the application within sixty (60) days from the date the application is received by the preservation officer. Following the hearing, the Commission has thirty (30) days in which to prepare a written recommendation to the building official. In the event that the Commission does not act within ninety (90) days of the receipt of the application, a permit may be granted.

5. All decisions of the Commission shall be in writing. A copy shall be sent to the applicant by mail and a copy filed with the Planning Division and the Permits Division. The Commission's decision shall state the reasons for granting or denying the hardship application.

J. Appeal

26

An applicant for a Certificate of Appropriateness dissatisfied with the action of the Commission relating to the issuance or denial of a Certificate of Appropriateness shall have the right to appeal to the City Council within thirty (30) days after receipt of notification of such action. The City Council shall give notice, follow publication procedure, hold hearings, and make its decision in the same manner and according to the same procedures as provided in Sec. 212 of Chapter 12, Exhibit A “Zoning Ordinance, of the Code of Ordinances of the City of San Angelo, except that review and public hearing by the Planning Commission shall not be necessary.

K. Enforcement

All work performed pursuant to a Certificate of Appropriateness issued under this Zoning Ordinance shall conform to any requirements included therein. It shall be the duty of the Building Official or his/her designee to inspect periodically any such work to assure compliance. In the event work is not being performed in accordance with the Certificate of Appropriateness, or upon notification of such fact by the Design and Historic Review Commission and verification by the Building Official, the Building Official shall issue a stop work order and all work shall immediately cease. No further work shall be undertaken on the project as long as a stop work order is in effect.”

Section 11 That Chapter 12, Exhibit A “Zoning Ordinance”, Article 3 “Use Regulations”,

Section 308 “HO (Historic Overlay Zone)”, Subpart F “Demolition by Neglect” of the Code of Ordinances, City of San Angelo, Texas, is hereby restated to read as follows:

“F. Demolition by Neglect

No owner or person with an interest in real property designated as a landmark or included within an historic district shall permit the property to fall into a serious state of disrepair so as to result in the deterioration of any exterior architectural feature which would, in the judgment of the Design and Historic Review Commission, produce a detrimental effect upon the character of the historic district as a whole or the life and character of the property itself. Examples of such deterioration shall include the following.

1. Deterioration of exterior walls or other vertical supports.

2. Deterioration of roofs or other horizontal members.

3. Deterioration of exterior chimneys.

4. Deterioration or crumbling stucco or mortar.

27

5. Ineffective waterproofing of exterior walls, roof, or foundations, including broken windows or doors.

6. Deterioration of any feature so as to create a hazardous condition which could lead to the claim that demolition is necessary for the public safety.”

Section 12 That Chapter 12, Exhibit “C” “Land Development and Subdivision Ordinance,

Chapter 5 “Procedural Requirements for Processing Subdivisions” is hereby amended by repealing Section VII “River Corridor Developments”.

Section 13 That the terms and provisions of this ordinance shall be deemed to be severable

in that if any provision in this ordinance shall be declared to be invalid, the same shall not affect the validity of any other provision of this ordinance.

Section 14 This Ordinance shall become effective from and after its adoption. INTRODUCED on the day of 2012 and finally PASSED, APPROVED AND ADOPTED on this the day of 2012. THE CITY OF SAN ANGELO BY: Alvin New, Mayor ATTEST: BY: Alicia Ramirez, City Clerk Approved as to Content: Approved as to Form: A.J. Fawver, Planning Manager Lysia H. Bowling, City Attorney

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AN ORDINANCE NAMING A PRIVATE DRIVE WITHIN THE CITY OF SAN ANGELO LOCATED ON A 3.757 ACRE TRACT IN BLOCK CC, SECTION 30 COLLEGE HILLS SOUTH ADDITION TIME CLOCK DRIVE; AND PROVIDING AN EFFECTIVE DATE

WHEREAS, an existing business is expanding on the subject property; and

WHEREAS, there is a private drive through the property shown and described in Exhibit A, the private drive being located within the easterly 1/3rd of the property and connecting Wildewood Drive on the north and Loop 306 West on the south; and

WHEREAS, the City Council for the City of San Angelo, Texas is of the opinion that naming the private drive will promote economic development and promote job creation in connection with the expansion business;

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

THAT, the private drive depicted in Exhibit “A” shall be and is hereby designated as “Time Clock Drive”; and,

THAT, as a consequence of this ordinance, the City of San Angelo assumes no responsibility for maintenance or repair of the driving surface on this private drive.

This ordinance shall be effective from and after the date of its adoption.

INTRODUCED on the 4th day of September 2012 and finally PASSED, APPROVED AND ADOPTED on this the 18th day of September, 2012.

THE CITY OF SAN ANGELO, TEXAS

Alvin New, Mayor

Attest: Alicia Ramirez, City Clerk Approved As to Form: Approved As to Content: Shawn Lewis Lysia H. Bowling

Community and Economic Development Director City Attorney

AN ORDINANCE REPEALING IN ITS ENTIRETY THE ORDINANCE INTRODUCED PASSED, APPROVED AND ADOPTED ON THE 5TH DAY OF APRIL, 2005 NAMING A PRIVATE DRIVE ON LOT 1 IN SOUTHLAND PARK ADDITION, SECTION FIFTEEN TIME CLOCK DRIVE; AND PROVIDING AN EFFECTIVE DATE

WHEREAS the City Council for the City of San Angelo, Texas is of the opinion that the best interest and welfare of the public will be served by removing the name Time Clock Drive from the private drive located on Lot 1, in Southland Park Addition, Section Fifteen;

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

THAT, the Ordinance naming a private drive on Lot 1 in Southland Park Addition, Section Fifteen Time Clock Drive; and providing and effective date, introduced on the 22nd day of March 2005 and finally passed, approved and adopted on the 5th day of April, 2005 IS HEREBY REPEALED IN ITS ENTIRETY.

This ordinance shall be effective from and after the date of its adoption.

INTRODUCED on the 4th day of September 2012 and finally PASSED, APPROVED AND ADOPTED on this the 18th day of September, 2012.

THE CITY OF SAN ANGELO, TEXAS

Alvin New, Mayor

Attest: Alicia Ramirez, City Clerk Approved As to Form: Approved As to Content: Shawn Lewis Lysia H. Bowling Community and Economic Development Director City Attorney

City of San Angelo



From: Robert Schneeman, Development Coordinator


Contact: Shawn Lewis, or Bob Schneeman 657-4210

Caption: Regular Agenda Item

First public hearing and consideration of introduction of an ordinance naming a private drive within the City of San Angelo located on a 3.757 acre tract in Block CC, Section 30 College Hills South Addition, Time Clock Drive; and providing an effective date; and first public hearing and consideration of an ordinance repealing in its entirety the ordinance introduced passed, approved and adopted on the 5th day of April 2005 naming a private drive on Lot 1 in Southland Park Addition, Section Fifteen, Time Clock Drive; and providing an effective date

Summary:

At its regular meeting on April 5, 2005 approved the second reading of an ordinance (Annex C, page 379, Ordinance) naming a heretofore unnamed private drive on Lot 1, Section 15, Southland Park Addition “Time Clock Drive”, at the request of the applicant Data Management, Inc. The applicant has subsequently purchased a new property and would like to use the name for a private drive on that property. No addresses were ever assigned to the former street.

History: Data management Inc, the applicant originally requested the naming of a private lane on Lot 1, Section 15, Southland Park addition, with the intent of relocating its operations to an existing building on that property. The company grew faster than anticipated resulting in that building being too small for their operations. Consequently the company purchased the property located at 3522 Loop 306 and has requested that the name Time Clock Drive be removed from the private drive on Lot 1, Section 15, Southland Park Addition and that the previously unnamed drive located on the newly purchased property, a 3.757 acre tract in Block CC, Section 30, College Hills South Addition be named Time Clock Drive. The company believes having a mailing address located on a street with the same name as their primary product “TimeClock Plus” provides a significant marketing benefit. No addresses have been assigned to any properties on the formerly named drive and the current occupant of the building into which the applicant intended to move, Journey Bible Church, is using the address 2819 West Loop 306 and there are no other properties which would be affected by the name change.

Financial Impact: None

Related Vision Item

(if applicable):


Staff recommends approval as presented

Attachments: 2005 Ordinance, Ordinance Repealing 2005 Ordinance, Ordinance Naming Private Drive, and Minute Excerpt 4/5/2005

Presentation: Robert Schneeman, Development Coordinator

Publication:


Shawn Lewis, ext 1541

Approved by Legal:

City of San Angelo

Memo

Meeting Date: September 4, 2012

To: City Council members

From: Jeff Hintz, Planner Subject: Smith Boulevard, Partial Street Abandonment Request: Howard College requesting abandonment on the following property:

Location: an 80’ wide portion of the unimproved public right-of-way for Smith Boulevard, extending approximately 1000’ northward from McGill Boulevard, immediately adjacent to property owned by Howard College in northeastern San Angelo.

Contacts: LeAnne Byrd 325-481-8300 Jeff Hintz, Planner 325-657-4210

Caption: First Public Hearing and consideration of introduction of an Ordinance authorizing abandonment of public right-of-way for Smith Boulevard extending approximately 1000 feet northward from the intersection of Smith Boulevard and McGill Boulevard in northeastern San Angelo,

AN ORDINANCE PROVIDING FOR THE ABANDONMENT AND CLOSING OF THE FOLLOWING STREET SEGMENT, TO WIT: An approximately 80’ wide portion of the unimproved public right-of-way for Smith Boulevard, extending approximately 1000’ northward from McGill Boulevard, immediately adjacent to property owned by Howard College in northeast San Angelo; AUTHORIZING THE CONVEYANCE THEREOF TO THE ABUTTING PROPERTY OWNERS; PROVIDING FOR THE TERMS AND CONDITIONS OF ABANDONMENT AND CONVEYANCE; AND PROVIDING FOR THE MAYOR TO EXECUTE AND DELIVER A QUIT CLAIM DEED TO THE ABUTTING PROPERTY OWNERS

Summary: The City Council may:

1. Approve the proposed abandonment; or

2. Approve the proposed abandonment subject to conditions; or

3. Deny the proposed abandonment.

Recommendation: City staff recommends approving, subject to conditions as listed below, the proposed alley abandonment for the reasons mentioned in this report. On August 20, Planning Commission recommended approval of this request subject to conditions by a vote of 4-0. History and Background:

In May of 2012 a Planned Development was presented to the Planning Commission and approved. After some discussion at City Council, Council discussed their concerns about having Smith Boulevard bisect the campus, similar to that of Johnson Street at Angelo State. As a result, staff worked with Howard College, Parkhill Smith & Cooper, TxDOT, and other parties to identify alternative ways to route traffic in this area. COSADC, and later, City Council, approved the proposal of improving a segment of Smith Boulevard from PaulAnn Boulevard to the edge of the campus, at which point it would terminate into internal parking lots that are planned for the area. A corresponding amendment to the Thoroughfare Plan was then drafted and approved by both Planning Commission and the MPO Policy Board. This amendment eliminated Smith Boulevard between McGill Boulevard and Howard College's northern most property boundary. As a result, Howard College now seeks to encompass this property into its master plan.

General Information

Existing Zoning: Light Manufacturing (ML) & General Commercial (CG)

Existing Land Use: Howard College/West Texas Training Center and

vacant land Surrounding Zoning/Land Use: North: ML, CH Wall & Stewart Trucking, AEP Substation West: RM-1, PD Residences, Mobile Homes South: RS-1, RM-1,CG Residences, County Facility, Vacant Land East: ML Howard College & Highway 67

Storm Water/Drainage: Abandoning the street segment is not expected to create any storm water or drainage changes for the area so long as what was proposed at a development review meeting with city staff is followed through.

Topography: Abandoning the street is not expected to change

the topography of the area. Water/Sewer Utilities: A water easement needs to be retained until an

alternate route/easement is dedicated to ensure main(s) can be installed to connect McGill and Paulann Boulevards then continue northward.

Fire Protection: A dedicated, unobstructed easement to provide

fire apparatus and emergency vehicle access will be necessary to properly protect future expansion of the college.

Access Management: Abandoning the street is not anticipated to cause

any issues regarding property access as the college is the owner of property on both sides along the proposed abandonment.

Notification required: Yes Notifications Sent: 9 Received In favor 0 Received in opposition 0

Special Information

Private Utilities: Atmos energy has a gas line along the eastern

portion of this proposed abandonment and needs to retain a 20' open and unobstructed easement for future access.

Basis for Recommendation

This property will be much more valuable to the college than to the city as an unimproved street. There is no longer a collector street planned to run through the campus and the property will be best used as a portion of campus. The elimination of this street running through campus will be beneficial to the surrounding neighborhoods and to the campus. The safety of students on campus will certainly be improved as a result of this collector street being stopped at McGill Boulevard.

The master plan for Howard College encompasses this former street as a parking lot and free space for the campus. By abandoning this right-of-way, the property owner will be able to achieve a cohesive campus feel without the interruption of a collector street. This cohesion will help give the area a campus feel, which is indeed the intent of the applicant. Since the property is no longer necessary as a through street, staff has no objections to this right-of-way being abandoned. The city has no need for this property any longer as the Thoroughfare Plan for this area recently changed; as a result, staff is confident this property would be better for everyone as private property, even if there were two different owners adjacent to the abandonment area.

It is important to note that there are some utilities present in this

abandonment area. The open and unobstructed easements, recommended as staff conditions, alongside and through this proposed abandonment are necessary so that growth to the north of the property is not hindered in the future and so that adequate fire protection may be provided. Gas and water are essential portions of any development on the commercial or residential side and discontinuing their progress northward will have serious implications on future development. Open and unobstructed easements across this former street will need to be maintained so the facilities can be accessed, upgraded, and repaired in the future. The easements can be paved and parked over without any problem, however they do need to be kept free from buildings, fences, and structures so that future access can occur.

Proposed Conditions

1. Submission and approval of a site utility plan to the Water Utilities

Department including conveyance of easements for water utilities. 2. Maintain at least a 20' open and unobstructed temporary easement for

emergency vehicle access from McGill Boulevard northward throughout the entire abandonment. Upon completion of a permanent, paved fire lane extending through an approved route by the Fire Marshall for the City of San Angelo, in accordance with the International Fire Code, this temporary easement shall automatically cease to exist.

3. Access to the temporary fire access easement shall be blocked through

the use of removable bollards to limit traffic to emergency vehicles only and shall be signed accordingly. The location of the bollards shall be approved by the Fire Marshall for the City of San Angelo.

Attachments: detailed survey of the area to be abandoned; excerpt from zoning map, highlighting subject

property; aerial photo, highlighting subject property; draft minutes from Planning Commission; and draft ordinance. Presentation: AJ Fawver, Planning Manager Reviewed by: AJ Fawver, AICP, Planning Manager 08/09/12

B. Smith Boulevard, northward approximately 1000 feet northward from McGill Boulevard: Howard College A request to abandon a street right-of-way on the following property: an 80’ wide portion of the unimproved public right-of-way for Smith Boulevard, extending approximately 1000’ northward from McGill Boulevard, immediately adjacent to property owned by Howard College in northeastern San Angelo. Jeff Hintz, Planner, came forward to present this item, consistent with the recommendation of approval, subject to conditions. Nine notifications were sent out on this request, with zero returned in favor or in opposition. As a result of the recent Thoroughfare Plan change, which eliminated the requirement for Smith Boulevard to act as an arterial street bisecting the campus, Howard College has requested this abandonment in order to continue their campus expansion over and across this area. Mr. Hintz showed some photos of the area and reviewed the options for the Commission. Mr. Hintz reviewed the chronological timeline of events that have transpired, leading up to this request, and including the involvement of COSADC, MPO, TxDOT, and City Council. Mr. Hintz reviewed the conditions staff is recommending for approval. These include an open and unobstructed easement for an existing gas line, submission and approval of a site utility plan by Water Utilities staff, and a 20' open & unobstructed easement for emergency vehicle access northward from McGill to the end of the section proposed for abandonment. There were no questions from the Commission. Leanne Byrd, Provost from Howard College, came forward to speak in favor of this request. She indicated that they are pleased with the direction this new campus expansion has taken. The Chairman asked if there were issues with the conditions proposed, and she stated her belief that they could work with those conditions. No one else came forward to speak on this item. Motion, to approve as presented, was made by Joe Grimes, and seconded by Sebastian Guerrero. The motion passed unanimously, 4-0.

AN ORDINANCE PROVIDING FOR THE ABANDONMENT AND CLOSING OF THE FOLLOWING ALLEY, TO WIT: An approximately 80’ wide portion of the unimproved public right-of-way for Smith Boulevard, extending approximately 1000’ northward from McGill Boulevard, immediately adjacent to property owned by Howard College in northeast San Angelo; AUTHORIZING THE CONVEYANCE THEREOF TO THE ABUTTING PROPERTY OWNERS; PROVIDING FOR THE TERMS AND CONDITIONS OF ABANDONMENT AND CONVEYANCE; AND PROVIDING FOR THE MAYOR TO EXECUTE AND DELIEVER A QUIT CLAIM DEED TO THE ABUTTING PROPERTY OWNERS

RE: abandonment of a public right-of-way being an unimproved street segment for Smith Boulevard extending approximately 1000 feet northward from the intersection of Smith Boulevard and McGill Boulevard in northeastern San Angelo .

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 76,092 square feet of publicly dedicated right-of-way shown

graphically in "Exhibit A" of this ordinance and fully descried in "Exhibit B" of this ordinance.

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. 7. That the Grantees meet all conditions set below, identified as A, B and C before the

Quit Claim Deed is recorded with the County Clerk of Tom Green County, Texas. A. Submission and approval of a site utility plan to the Water Utilities Department

including conveyance of easements for water utilities. B. Maintain at least a 20' open and unobstructed temporary easement for emergency

vehicle access from McGill Boulevard northward throughout the entire abandonment. Upon completion of a permanent, paved fire lane extending through an approved route by the Fire Marshall for the City of San Angelo, in accordance with the International Fire Code, this temporary easement shall automatically cease to exist.

C. Access to the temporary fire access easement shall be blocked through the use

of removable bollards to limit traffic to emergency vehicles only and shall be signed accordingly. The location of the bollards shall be approved by the Fire Marshall for the City of San Angelo.

INTRODUCED on the 4th day of September 2012 and finally PASSED, APPROVED AND ADOPTED ON this the 18th day of September, 2012. CITY OF SAN ANGELO, TEXAS ATTEST: by: ______________________________ by: ______________________________

Alvin New, Mayor Alicia Ramirez, City Clerk Approved As To Content: Approved As To Form: _________________________ ________________________ AJ Fawver, Planning Manager Lysia H. Bowling, City Attorney

Exhibit A

Exhibit B

AN ORDINANCE PROVIDING FOR THE ABANDONMENT AND CLOSING OF THE FOLLOWING ALLEY, TO WIT: An approximately 80’ wide portion of the unimproved public right-of-way for Smith Boulevard, extending approximately 1000’ northward from McGill Boulevard, immediately adjacent to property owned by Howard College in northeast San Angelo; AUTHORIZING THE CONVEYANCE THEREOF TO THE ABUTTING PROPERTY OWNERS; PROVIDING FOR THE TERMS AND CONDITIONS OF ABANDONMENT AND CONVEYANCE; AND PROVIDING FOR THE MAYOR TO EXECUTE AND DELIEVER A QUIT CLAIM DEED TO THE ABUTTING PROPERTY OWNERS

RE: abandonment of a public right-of-way being an unimproved street segment for Smith Boulevard extending approximately 1000 feet northward from the intersection of Smith Boulevard and McGill Boulevard in northeastern San Angelo .



BEING the entire 76,092 square feet of publicly dedicated right-of-way shown

graphically in "Exhibit A" of this ordinance and fully descried in "Exhibit B" of this ordinance.









necessitated by the request to abandon this public right-of-way. 7. That the Grantees meet all conditions set below, identified as A, B and C before the

Quit Claim Deed is recorded with the County Clerk of Tom Green County, Texas. A. Submission and approval of a site utility plan to the Water Utilities Department

including conveyance of easements for water utilities. B. Maintain at least a 20' open and unobstructed temporary easement for emergency

vehicle access from McGill Boulevard northward throughout the entire abandonment. Upon completion of a permanent, paved fire lane extending through an approved route by the Fire Marshall for the City of San Angelo, in accordance with the International Fire Code, this temporary easement shall automatically cease to exist.

C. Access to the temporary fire access easement shall be blocked through the use

of removable bollards to limit traffic to emergency vehicles only and shall be signed accordingly. The location of the bollards shall be approved by the Fire Marshall for the City of San Angelo.

INTRODUCED on the 4th day of September 2012 and finally PASSED, APPROVED AND ADOPTED ON this the 18th day of September, 2012. CITY OF SAN ANGELO, TEXAS ATTEST: by: ______________________________ by: ______________________________


Exhibit A

Exhibit B

City of San Angelo

Memo



From: Kari LeBoeuf, Planner

Subject: PD 12-03, a request for a zone change from a combination of Light Manufacturing (ML) and General Commercial (CG) to Planned Development (PD) District to allow for the expansion of the Howard College Campus.

Location: 3501 North US Highway 67 encompassing the area known as the

Howard College, more specifically 2 tracts being 33.802 acres out of the J. Pointevent Survey 1113, Abstract 4873, and Paulann Park Addition, Section 3, Tract H, being 0.76 acre, and Paulann Park Addition, Section 3, Tract G, being the northwestern 0.145 acre, in northeast San Angelo.

Purpose: To allow for the expansion of the Howard College campus and

associated accessory uses.

Contacts: LeAnne Byrd 325-481-8300 Jeff Hintz, 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 12-03: Howard College Campus AN ORDINANCE AMENDING CHAPTER 12, EXHIBIT “A” OF THE CODE

OF ORDINANCES, CITY OF SAN ANGELO, TEXAS, WHICH SAID EXHIBIT “A” OF CHAPTER 12 ADOPTS ZONING REGULATIONS, USE DISTRICTS AND A ZONING MAP, IN ACCORDANCE WITH A COMPREHENSIVE PLAN, BY CHANGING THE ZONING AND CLASSIFICATION OF THE FOLLOWING PROPERTY, TO WIT: 3501 North US Highway 67, encompassing the area known as the

Howard College, more specifically, being 33.802 acres out of the J. Pointevent Survey 1113, Abstract 4873, and Paulann Park Addition, Section 3, Tract H, being 0.76 acre, and Paulann Park Addition, Section 3, Tract G, being the northwestern 0.145 acre, in northeast San Angelo, a zone change from a combination of General Commercial (CG) and Light Manufacturing (ML) to Planned Development (PD) District; PROVIDING FOR SEVERABILITY AND PROVIDING A PENALTY


(1) approve the proposed planned development as presented; or

(2) modify the proposed planned development with changes believed to be more appropriate; or

(3) deny the proposed planned development.

Recommendation: Planning staff recommends approving the proposed zone change to a Planned Development (PD). On August 20, 2012 Planning Commission recommended approving the Planned Development as presented by a vote of 4-0. History and Background:

General Information

Existing Zoning: a combination of Light Manufacturing (ML) and

General Commercial (CG) Existing Land Use: Howard College/West Texas Training Center and

vacant land Surrounding Zoning/Land Use: North: ML, CH Wall & Stewart Trucking, AEP Substation West: RM-1, PD Residences, Mobile Homes South: RS-1, RM-1,CG Residences, County Facility, Vacant Land East: ML Highway 67

Thoroughfares/Streets: Highway 67 is a freeway designed to carry heavy traffic at high speeds.

McGill Blvd is classified as a “collector” street which is designed to carry moderate traffic at moderate speeds.

Voight Blvd is classified as a “local” street which is

designed to carry light neighborhood traffic at lower speeds.

Smith Blvd is as yet unimproved in this area. The

Thoroughfare Plan for futures road improvements classifies Smith Blvd as a “collector” street. When it is completed it will carry moderate traffic at moderate speeds.

Zoning History: This property for the proposed campus was

annexed into the city and zoned in separate phases.

The property north of McGill Blvd between Voight Blvd and Smith Blvd was annexed into the city in 1984 and was temporarily zoned Single-Family Residential. In February 1985, case ZC1499 rezoned the lot Heavy Commercial. Then, in March 1985 case ZC1504 rezoned it again to General Commercial and it has been zoned that way ever since. The property north of McGill Blvd between Smith Blvd and Hwy 67 that is home to the current Howard College/WTTC building was annexed into the city in December 1997 and was zoned Light Manufacturing (case ZC97-44). It has remained that way ever since.

Applicable Regulations: Zoning Ordinance Section 306.A.1. “The purposes of the Planned Development District

include…allow diversification of uses, structures, and open spaces and to promote flexibility of design in a manner compatible with existing and allowed uses of land on adjacent properties.”

Section 306.A.4. “The purposes of the Planned Development District

include…promote the efficient use of land to facilitate a more economic arrangement of buildings, uses of land and utilities.”

Section 306.A.5. “The purposes of the Planned Development District

include… promote the development of vacant property within the presently developed urban area.”

Section 306.B.1. Allowed uses include “Any use or combination of

uses otherwise authorized by these zoning regulations…if such use or uses is consistent with, and meets the standards for, the concept plan and PD District approved by the City Council. Allowable uses shall be listed in a use schedule in the specific ordinance establishing each PD District.”

Section 306.B.2. “It is intended that PD Districts conform as closely as

possible to established zoning and subdivision regulations while still allowing maximum flexibility of design to make planned developments as desirable as possible.”

Section 306.B.3. “Conditions specified for the development of a PD

District shall be construed as conditions precedent to the granting of a Certificate of Occupancy by the Building Official and compliance as required by the City of San Angelo.”

Section 505.A.1. “If a Planned Development District ordinance does

not establish specific guidelines for land uses, landscaping, facade treatment, screening, setbacks, signage, parking, etc., then the minimum standards of the most similar district shall apply, based on an interpretation by the Planning Director.”

Vision Plan Map: Campus/Institutional and Commercial Comp Plan Excerpts: Comprehensive Plan 2009 Update Discovery, The Place, Institutional Campuses “institutions in cities the size of San Angelo are

typically the sole identity driver for the districts and neighborhoods where they are located. As such, the area immediately in and around the anchor assumes that identity as their theme.”

Discovery, The Place, Institutional Campuses “institutions are largely ignoring the community

around them and effectively operating as islands. Significant opportunities exist to reach out and create districts with complementary and auxiliary uses that

lend themselves to more attractive, pedestrian-friendly, walkable environments.”

Vision Plan, Vision Plan Summary,

Campus/Institutional, College/University Campus, Goal 1: Purpose: “To improve the standing of community centers and public facilities as pillars of their local neighborhoods and central features of the community as a whole.”

Vision Plan, Vision Plan Summary, Campus/Institutional, College/University Campus, Goal 1: “Increase the value of these facilities to their respective neighborhoods through public investment in street improvements, sidewalk construction, and similar infrastructure.”

Vision Plan, Vision Plan Summary, Campus/Institutional, College/University Campus, Goal 3: Purpose: “To better utilize existing parcels and provide increased services and amenities as growth occurs.” Vision Plan, Vision Plan Summary, Campus/Institutional, College/University Campus, Goal 3: “create and encourage public-private partnerships to drive appropriate development types.” Vision Plan, Vision Plan Summary, Campus/Institutional, College/University Campus, Goal 3: “Increase communication and combine efforts to support redevelopment of [college]-purchased parcels to ensure compatibility with surrounding neighborhoods and the City’s plans for the area.” Visioning, Sub-District Concepts, Concept 3-Isolated Institutional Campuses:

“institutions, both academic and health care, have historically focused on, and master planned, entirely within their own boundaries…a select few cutting-edge institutions have re-oriented their consciousness, seeking out opportunities to be a “good neighbor,” to plan beyond their walls, and facilitate development of mixed-use environments within and adjacent to their boundaries.”

Visioning, Sub-District Concepts, Concept 3-

Isolated Institutional Campuses: “The City of San Angelo, together with…(key institutions), could plan…campus environments

beyond the “institutional walls,” allowing for a seamless and essential transition to adjacent neighborhoods”

Special Information

Traffic Concerns: While there is likely to be an increase in traffic as the campus expands, this will be quite some time in coming. In the interim, Smith Blvd will be improved from Gordon Blvd to Paulann Blvd. The campus is surrounded by “collector” streets and a freeway, all of which are appropriate to handle traffic generated by a college campus.

Parking Requirements: Please see Section 8 of the draft ordinance Notification Required: Yes Notifications Sent: 28

Responses in Favor: 0 Responses in Opposition: 0

Analysis:

In order to approve this request, the City Council members are first required to find that: 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.

Planning staff is recommending approval of this Planned Development (PD) District for several reasons. This proposed PD is compatible with the plans and policies of the City of San Angelo, is consistent with the City’s Zoning Ordinance, and will be compatible with the surrounding residential area in that it provides a needed transition from major highway traffic to single- and two-family living. This proposed PD will also fit in well with the development patterns the city desires in this area as called for and illustrated in the Comprehensive Plan and the Vision Map. Section 306.A. of the Zoning Ordinance speaks to the several purposes of a Planned Development (PD) District, specifically stating that such districts should, “promote the efficient use of land to facilitate a more economic arrangement of buildings, uses of land, and utilities…promote the development of vacant property within the presently developed urban area…allow diversification of uses, structures, and open spaces and to promote flexibility of design in a manner compatible with existing and allowed uses of land on adjacent properties.” This proposed PD will accomplish these purposes by providing consistent standards that offer the flexibility a campus needs to effectively and efficiently utilize its property, while ensuring that it is developed cohesively, thus creating a true sense of place. The campus will responsibly develop the large commercially zoned tract of vacant land nearest the residential neighborhood in a manner much more compatible than a large commercial development could be. It also provides known standards and a sense of security for the nearby residential development in knowing specifically what can occur on the property; alternatively, the ML zoning currently in place allows by right processing of building materials, metal fabrication, galvanizing and enameling, welding shops, heavy truck servicing, and paving contractors, among other things. Also, the CG zoning currently in place allows by right landscaping services, appliance repair, lube service facilities, vet clinics, and auto and boat dealers, in addition to other things. Creating a PD for the Howard College campus will ensure that standards are in place that will benefit not only Howard College but also the community as a whole. It significantly limits and dictates what activities can occur on the site. While it does specify material types for facades and signage, it does so in a way that allows changes and customization that will give enough flexibility to the college to accommodate branding changes, wayfinding plans, and the like. Zoning Ordinance section 306.B.1. states that allowed uses for a PD include, “Any use or combination of uses otherwise authorized by these zoning regulations…if such use or

uses is consistent with, and meets the standards for, the concept plan and PD District approved by the City Council.” The Comprehensive Plan calls for facilities like Howard College to strive “to improve the standing of community centers and public facilities as pillars of their local neighborhoods and central features of the community as a whole.” One of the most prominent strategies outlined in the Comprehensive Plan to accomplish these goals is “Increase the value of these facilities to their respective neighborhoods through public investment in street improvements, sidewalk construction, and similar infrastructure.” Another very important strategy is to plan “campus environments beyond the “institutional walls,” which will, “Increase communication and combine efforts to support redevelopment of [college]-purchased parcels to ensure compatibility with surrounding neighborhoods and the City’s plans for the area” and “encourage public-private partnerships.” This proposed PD is an attempt to create a cohesive, distinctive, attractive campus environment that complements the adjacent residential area, while moving toward full utilization of the vacant commercial property that Howard College owns. The draft ordinance’s Section 5 lists several primary and accessory uses that Planning staff has determined are appropriate for a college campus near a residential neighborhood. The draft ordinance also includes standards for the building facades, signage, landscaping, parking and loading space, and other development standards that will transition well into the adjacent residential neighborhood and help to buffer that neighborhood from the highway as well as the heavier commercial and industrial types of uses to the north. This proposed PD will result in changed conditions that will benefit the community as Howard College provides quality educational experiences to not only the San Angelo community but also the whole of Tom Green County. As Howard College expands so too do the educational opportunities for the community. The lots within the proposed PD boundaries currently have two different zoning classifications and, therefore, two different sets of regulations to follow which makes cohesive development of Howard College difficult. Additionally, the lot on which the current Howard facility is located is actually zoned Light Manufacturing (ML) which will prevent any expansion even on that one lot. A PD for the campus will benefit those who work at and attend Howard as well as those within the adjacent neighborhood as Howard College will provide an attractive buffer with many amenities. This proposed PD could also have a positive impact on the natural environment as extensive landscaping is proposed throughout the campus. It will also have a positive impact on the pedestrian environment as a walkable, easily navigable campus with landscaping and other pedestrian amenities will make for a pleasant pedestrian experience. For all of the reasons stated above, Planning staff is recommending approval of the proposed Planned Development District for the Howard College Campus.

Proposed Conditions

Please see draft ordinance.

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; draft Planning Commission minutes; and draft ordinance;

Presentation: AJ Fawver, Planning Manager Reviewed by: AJ Fawver, Planning Manager (04/11/12)

A. PD 12-03: Howard College

A request for a zone change from a combination of Light Manufacturing (ML) and General Commercial (CG) to Planned Development (PD) District to allow for the expansion of the Howard College Campus:

3501 North US Highway 67 encompassing the area known as the Howard College, more specifically two tracts being 33.802 acres out of the J. Pointevent Survey 1113, Abstract 4873, and Paulann Park Addition, Section 3, Tract H, being 0.76 acre, and Paulann Park Addition, Section 3, Tract G, being the northwestern 0.145 acre, in northeast San Angelo.

Jeff Hintz, Planner, came forward to present this request, consistent with the staff recommendation of approval. 29 notifications were sent out on this request, with zero returned in favor or in opposition. Mr. Hintz explained that this PD was never finalized earlier in the year, and is being represented to the Commission with an updated concept plan (a required part of any application for Planned Development District). Mr. Hintz outlined the variety of zoning in the immediate area. Mr. Hintz also reviewed the options for the Commission. He reminded the Commission that they had previously approved the PD application unanimously by a vote of 6-0. Mr. Hintz reviewed the history of zoning changes in the area. Mr. Hintz explained that one zoning district would not be suitable for the wide variety of different uses, needs, and standards that the continued development of this campus would entail. This will provide a single, consistent zoning district for the college, with one set of standards to consult as they continue to grow; it also provides added mitigation features to minimize the effect of this expansion on adjacent properties and provide a set of expectations upon which they can reasonably rely. Mr. Hintz quickly summarized the subjects addressed within the PD ordinance. Mr. Hintz explained the difference between the intended immediate expansion as opposed to long-term expansion plans. There were no questions for staff. Leanne Byrd, Provost for Howard College, came forward to speak in favor of this request. They are very pleased with the modifications that have been made within the concept plan and emphasized the moving of the main entrance to the north rather than the south, next to the residences. She did state that the buildings in the immediate phase are planned to be built very quickly, along with a pedestrian access. Joe Grimes spoke to the roundabout and asked how the road would be constructed. Mrs. Byrd explained that COSADC has approved the street extension of both PaulAnn Boulevard and Smith Boulevard, to the edge of the campus. Mrs. Byrd responded to the Chairman's question about traffic issues along the eastern side of the campus, along Highway 277. TxDOT has agreed to extend the frontage road as far north as PaulAnn Blvd. There were no further questions for Mrs. Byrd. No one else came forward to speak on this request. No one came forward to speak in opposition to the request.

Motion, to approve as presented, was made by Bill Wynne and seconded by Sebastian Guerrero. The motion passed unanimously, 4-0.


RE: PD 12-03: Howard College & City of San Angelo

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: 3501 North US Highway 67, encompassing the area known as the Howard College, more specifically, being 33.802 acres out of the J. Pointevent Survey 1113, Abstract 4873, and Paulann Park Addition, Section 3, Tract H, being 0.76 acre, and Paulann Park Addition, Section 3, Tract G, being the northwestern 0.145 acre, in northeast San Angelo, a zone change from a combination of General Commercial (CG) and Light Manufacturing (ML) to Planned Development (PD) District; shall henceforth be permanently zoned as follows: Planned Development (PD) District for a college campus. 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. SECTION 5: That the following are approved as allowed uses, supplementing the primary use type of “college,” for the property previously described: A. Classroom buildings. Such use provides space for general and/or specialized

study leading to a certificate and/or degree. B. Office buildings. Such use provides offices for college staff and trainees. C. Parking garages. Such use provides for a multi-story structure for parking for

the exclusive use of staff, trainees, students, and campus visitors. D. Housing facilities for students. Such use shall provide living quarters for the

exclusive use of students. E. Passenger bus terminal. Such use shall provide bus stops and bus loading

spaces for local and regional bus systems. F. Library. Such use shall provide space for collections of books, periodicals,

digital media, etc. for the use of staff, trainees, and students. G. Sports facilities. Such use shall provide for structures used to play and watch

sporting events for the exclusive use of staff, trainees, students, and campus visitors.

H. Firearms range. Such use shall provide a fully enclosed firearms range for the exclusive use of staff and students.

I. Accessory uses. Such uses shall be functionally connected with the operation

of a college campus and therefore are approved for the property previously described, so long as they remain “accessory” as defined in SECTION 7 of this ordinance:

I. offices to serve the allowed uses of the college campus for the

exclusive use of staff, trainees, and students;

II. maintenance facilities to service the college campus for the exclusive use of staff and/or trainees;

III. medical facilities to service staff, trainees, and students;

IV. game halls to exclusively serve staff, trainees, students, and campus

visitors;

V. food and beverage sales to exclusively serve staff, trainees, students, and campus visitors;

VI. retail goods sales to exclusively serve staff, trainees, students, and

campus visitors;

VII. personal service and retail sales open to the public that offers services directly related to Howard College curriculum;

VIII. repair service sales (including vehicle repair and service) open to the

public that offers services directly related to Howard College curriculum;

IX. religious institutions and services to exclusively serve staff, trainees,

students, and campus visitors;

X. day care to provide care, protection, and supervision for children and/or adults to exclusively serve staff, trainees, and students;

XI. meeting areas;

XII. community services meeting areas open to the public;

XIII. laboratories for the exclusive use of staff, trainees, and students;

SECTION 6: Building façade standards for the Howard College campus shall include the following: A. Building facades shall be consistent and unified in architectural style,

color palette, materials, and detailed ornamental features.

B. Building entrances shall be clearly defined through architectural details, materials, and/or ornamental features, and highly visible.

C. Exterior materials shall be limited to the following:

1. Brick; 2. Stucco (cementitous finish only); 3. Architectural concrete masonry; 4. Hardiplank or similar cementitious siding; 5. Field stone, ledge stone, or other native veneer; 6. Cast stone (for lintels, trim elements, and ornamentation); and 7. Metal (for beams, lintels, trim elements, and ornamentation).

D. Additional building façade and/or roofing material types may be

approved at the discretion of the Planning Director.

SECTION 7: Development standards for the Howard College Campus shall include the following: A. Maximum floor area ratio for each lot shall not exceed 2.5.

B. No structure may be placed closer than 15 feet from any right-of-way fronting

lot line.

C. Outdoor storage shall not exceed 5 percent of the total area of each lot. D. Outdoor storage and mechanical equipment shall be fully screened from

public view.

E. The following features shall be at least partially screened from public right-of-way view by landscaping as detailed in SECTION 11, by benches and other street furniture, and/or by the use of landscaping along with berms, walls, or decorative fences, as approved by the Planning Director:

1. Water quality control facilities; 2. Stormwater drainage facilities; 3. Metal buildings; and 4. Areas where vehicles are moved, loaded, parked, or stored.

F. Screening shall consist of fencing, landscaping, masonry, berming, or a combination thereof, that coordinates with building facade materials as detailed in SECTION 6 of this ordinance or landscaping materials as detailed in SECTION 11 of this ordinance.

G. Metal buildings shall only be allowed on the northwestern approximately

137,000 square feet as detailed in Exhibit A and Exhibit B.

H. Opaque metal fences shall not be allowed.

I. Accessory uses listed in SECTION 5 of this ordinance may not exceed 25 percent of the total floor area of structures encompassed within the boundaries of this Planned Development.

J. Fencing of any kind shall not be constructed to the south of the proposed traffic circle that would block vehicular access to the parking lot immediately south of the parking circle as identified in Exhibit C of this ordinance.

SECTION 8: Off-street parking standards for the campus shall include the following, consistent with these standards as outlined in Chapter 9 of the Zoning Ordinance: A. Classroom buildings: 9 parking spaces per classroom; B. Office buildings: 1 parking space per 300 square feet of office space; C. Housing facilities for students: 1 parking space per residential unit; D. Library and sports facilities: 1 parking space per 400 square feet or 1 parking

space per 10 patron seats, whichever is greater; E. Accessory uses for the exclusive use of staff, trainees, and students shall not

require additional off-street parking. SECTION 9: Loading space standards for the campus shall be as follows: A. Every nonresidential building with less than 65% of the floor area devoted to

classrooms and/or offices, and which have at least 20,000 square feet of gross floor area, shall have a minimum of one off-street loading space with one additional off-street loading space for each additional 60,000 square feet of gross floor area or major fraction thereof.

B. Each required off-street loading space shall be not less than 10’ in width, 45’ in length, and 14’ in height.

C. Each required off-street loading space shall be located entirely outside of

public rights-of-way for streets and alleys and entirely on the same lot as the building to which it is accessory.

D. No open area in a required off-street loading area shall be consistently encroached upon by any other use.

E. In no case shall off-street parking spaces be used to satisfy off-street loading

space requirements. SECTION 10: All signage for the Howard College campus shall conform to the following: A. Off-site signage shall not be permitted.

B. Freestanding pole signs shall not be permitted. C. All signage shall be of materials and colors coordinating with building façade

materials detailed in SECTION 6 of this ordinance. D. Electronic signs shall be placed no closer than 200 feet from any residential

zoning district or use.

E. Freestanding monument signs: I. maximum signage area shall not exceed 1.5 square feet per 1 linear

foot of street frontage per lot;

II. may be placed at any angle;

III. must be set back at least 5 feet from any internal side lot line;

IV. may have a setback of 0 feet from any lot line fronting a right-of-way;

V. shall not exceed 3 feet in height if placed within 10 feet of any lot line fronting a right-of-way; and

VI. shall not exceed 3 feet in height if placed within the 30 foot sight

triangle of the intersection of two converging lot lines fronting a right-of-way;

F. Attached signs (canopy, awning, fascia, projecting, sloping roof signs):

I. maximum signage area may be up to 25 percent of the area of the wall to which the sign(s) is(are) attached;

II. shall not extend more than 3 feet above the roofline of the structure to which it is attached; and

III. shall not extend more than 3 feet above the top of the wall to which it is attached;

SECTION 11: Landscaping standards for the campus shall be as follows: A. Xeriscaping and water use reduction strategies shall be incorporated

into overall landscape design through the use of drought tolerant plant species native and well suited to West Texas.

B. Landscaped areas may include planters, brick, stone, natural forms, or other landscape features that provide a park-like setting.

C. Landscaped areas, or plants, adjacent to pavement must be protected with a concrete curb or equivalent barrier such as:

1. Asphalt curbs; 2. Railroad ties (anchored); 3. Rock or stone curbs (anchored); or 4. Wheel stops (anchored).

D. Landscaping plant material shall be of healthy stock, be native and

naturalized, and have low water requirements.

E. Dying or diseased landscaping plant material shall be replaced with an equivalent plant material.

F. Adequate soil depth and width to encourage healthy growth shall be

provided.

G. The campus shall be responsible for the irrigation of all required landscape areas and plant materials, utilizing one or a combination of the following methods:

1. An automatic or manual underground irrigation system; 2. A drip irrigation system; 3. A rainwater capture system or equivalent; or 4. Any other comparable method.

H. Landscaped areas planted with native grasses and wildflowers may

use a temporary and above ground irrigation system and shall be required to provide irrigation only for the first 2 growing seasons.

I. Irrigation methods used shall:

1. Provide a moisture level in an amount and frequency adequate to sustain growth of the plant material on a permanent basis; and

2. Be maintained and kept operational at all times to provide for efficient water distribution.

J. No irrigation shall be required for undisturbed natural areas or

undisturbed existing trees.

K. On-ground parking lots shall have no less than 10 percent of the square footage landscaped.

L. Parking lot landscaping shall be located entirely within the boundaries

of the parking lot as follows: 1. Landscaping boundaries; 2. Landscaping medians; 3. Landscaping islands; or 4. Landscaping peninsulas.

M. All landscaping plants located in or immediately adjacent to vehicular

use areas shall, at maturity, be as follows: 1. Shrubs and other plant material shall be a maximum of 48

inches in height. 2. Shrubs and other plant material shall be a maximum of 36

inches in height if within the 30 foot sight triangle. 3. Trees shall have a minimum 72 inch clearance from grade to

the lowest branches. SECTION 12: Except as otherwise specified or limited elsewhere in this ordinance, the use and development of the Howard College campus shall generally conform to General Commercial (CG) District zoning standards. All activities shall be limited to those associated with the operation of a college campus as determined by the Planning Director for the City of San Angelo. SECTION 13: Buildings and campus shall generally conform to the master plan provided within this ordinance identified as Exhibit C."

INTRODUCED on the 4th day of September, 2012 and finally PASSED, APPROVED AND ADOPTED on this the 18th day of September, 2012.

THE CITY OF SAN ANGELO

by:____________________________________

Alvin New, Mayor

ATTEST:

by:________________________________ Alicia Ramirez, City Clerk Approved As To Content: Approved As To Form: _________________________ ________________________ AJ Fawver, Planning Manager Lysia H. Bowling, City Attorney

Exhibit C- College Master Plan


RE: PD 12-03: Howard College & 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: 3501 North US Highway 67, encompassing the area known as the Howard College, more specifically, being 33.802 acres out of the J. Pointevent Survey 1113, Abstract 4873, and Paulann Park Addition, Section 3, Tract H, being 0.76 acre, and Paulann Park Addition, Section 3, Tract G, being the northwestern 0.145 acre, in northeast San Angelo, a zone change from a combination of General Commercial (CG) and Light Manufacturing (ML) to Planned Development (PD) District; shall henceforth be permanently zoned as follows: Planned Development (PD) District for a college campus. 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:




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. SECTION 5: That the following are approved as allowed uses, supplementing the primary use type of “college,” for the property previously described: A. Classroom buildings. Such use provides space for general and/or specialized

study leading to a certificate and/or degree. B. Office buildings. Such use provides offices for college staff and trainees. C. Parking garages. Such use provides for a multi-story structure for parking for

the exclusive use of staff, trainees, students, and campus visitors. D. Housing facilities for students. Such use shall provide living quarters for the

exclusive use of students. E. Passenger bus terminal. Such use shall provide bus stops and bus loading

spaces for local and regional bus systems. F. Library. Such use shall provide space for collections of books, periodicals,

digital media, etc. for the use of staff, trainees, and students. G. Sports facilities. Such use shall provide for structures used to play and watch

sporting events for the exclusive use of staff, trainees, students, and campus visitors.

H. Firearms range. Such use shall provide a fully enclosed firearms range for the exclusive use of staff and students.

I. Accessory uses. Such uses shall be functionally connected with the operation

of a college campus and therefore are approved for the property previously described, so long as they remain “accessory” as defined in SECTION 7 of this ordinance:

I. offices to serve the allowed uses of the college campus for the

exclusive use of staff, trainees, and students;

II. maintenance facilities to service the college campus for the exclusive use of staff and/or trainees;

III. medical facilities to service staff, trainees, and students;

IV. game halls to exclusively serve staff, trainees, students, and campus

visitors;

V. food and beverage sales to exclusively serve staff, trainees, students, and campus visitors;

VI. retail goods sales to exclusively serve staff, trainees, students, and

campus visitors;

VII. personal service and retail sales open to the public that offers services directly related to Howard College curriculum;

VIII. repair service sales (including vehicle repair and service) open to the

public that offers services directly related to Howard College curriculum;

IX. religious institutions and services to exclusively serve staff, trainees,

students, and campus visitors;

X. day care to provide care, protection, and supervision for children and/or adults to exclusively serve staff, trainees, and students;

XI. meeting areas;

XII. community services meeting areas open to the public;

XIII. laboratories for the exclusive use of staff, trainees, and students;

SECTION 6: Building façade standards for the Howard College campus shall include the following: A. Building facades shall be consistent and unified in architectural style,

color palette, materials, and detailed ornamental features.

B. Building entrances shall be clearly defined through architectural details, materials, and/or ornamental features, and highly visible.

C. Exterior materials shall be limited to the following:

1. Brick; 2. Stucco (cementitous finish only); 3. Architectural concrete masonry; 4. Hardiplank or similar cementitious siding; 5. Field stone, ledge stone, or other native veneer; 6. Cast stone (for lintels, trim elements, and ornamentation); and 7. Metal (for beams, lintels, trim elements, and ornamentation).

D. Additional building façade and/or roofing material types may be

approved at the discretion of the Planning Director.

SECTION 7: Development standards for the Howard College Campus shall include the following: A. Maximum floor area ratio for each lot shall not exceed 2.5.

B. No structure may be placed closer than 15 feet from any right-of-way fronting

lot line.

C. Outdoor storage shall not exceed 5 percent of the total area of each lot. D. Outdoor storage and mechanical equipment shall be fully screened from

public view.

E. The following features shall be at least partially screened from public right-of-way view by landscaping as detailed in SECTION 11, by benches and other street furniture, and/or by the use of landscaping along with berms, walls, or decorative fences, as approved by the Planning Director:

1. Water quality control facilities; 2. Stormwater drainage facilities; 3. Metal buildings; and 4. Areas where vehicles are moved, loaded, parked, or stored.

F. Screening shall consist of fencing, landscaping, masonry, berming, or a combination thereof, that coordinates with building facade materials as detailed in SECTION 6 of this ordinance or landscaping materials as detailed in SECTION 11 of this ordinance.

G. Metal buildings shall only be allowed on the northwestern approximately

137,000 square feet as detailed in Exhibit A and Exhibit B.

H. Opaque metal fences shall not be allowed.

I. Accessory uses listed in SECTION 5 of this ordinance may not exceed 25 percent of the total floor area of structures encompassed within the boundaries of this Planned Development.

J. Fencing of any kind shall not be constructed to the south of the proposed traffic circle that would block vehicular access to the parking lot immediately south of the parking circle as identified in Exhibit C of this ordinance.

SECTION 8: Off-street parking standards for the campus shall include the following, consistent with these standards as outlined in Chapter 9 of the Zoning Ordinance: A. Classroom buildings: 9 parking spaces per classroom; B. Office buildings: 1 parking space per 300 square feet of office space; C. Housing facilities for students: 1 parking space per residential unit; D. Library and sports facilities: 1 parking space per 400 square feet or 1 parking

space per 10 patron seats, whichever is greater; E. Accessory uses for the exclusive use of staff, trainees, and students shall not

require additional off-street parking. SECTION 9: Loading space standards for the campus shall be as follows: A. Every nonresidential building with less than 65% of the floor area devoted to

classrooms and/or offices, and which have at least 20,000 square feet of gross floor area, shall have a minimum of one off-street loading space with one additional off-street loading space for each additional 60,000 square feet of gross floor area or major fraction thereof.

B. Each required off-street loading space shall be not less than 10’ in width, 45’ in length, and 14’ in height.

C. Each required off-street loading space shall be located entirely outside of

public rights-of-way for streets and alleys and entirely on the same lot as the building to which it is accessory.

D. No open area in a required off-street loading area shall be consistently encroached upon by any other use.

E. In no case shall off-street parking spaces be used to satisfy off-street loading

space requirements. SECTION 10: All signage for the Howard College campus shall conform to the following: A. Off-site signage shall not be permitted.

B. Freestanding pole signs shall not be permitted. C. All signage shall be of materials and colors coordinating with building façade

materials detailed in SECTION 6 of this ordinance. D. Electronic signs shall be placed no closer than 200 feet from any residential

zoning district or use.

E. Freestanding monument signs: I. maximum signage area shall not exceed 1.5 square feet per 1 linear

foot of street frontage per lot;

II. may be placed at any angle;

III. must be set back at least 5 feet from any internal side lot line;

IV. may have a setback of 0 feet from any lot line fronting a right-of-way;

V. shall not exceed 3 feet in height if placed within 10 feet of any lot line fronting a right-of-way; and

VI. shall not exceed 3 feet in height if placed within the 30 foot sight

triangle of the intersection of two converging lot lines fronting a right-of-way;

F. Attached signs (canopy, awning, fascia, projecting, sloping roof signs):

I. maximum signage area may be up to 25 percent of the area of the wall to which the sign(s) is(are) attached;

II. shall not extend more than 3 feet above the roofline of the structure to which it is attached; and

III. shall not extend more than 3 feet above the top of the wall to which it is attached;

SECTION 11: Landscaping standards for the campus shall be as follows: A. Xeriscaping and water use reduction strategies shall be incorporated

into overall landscape design through the use of drought tolerant plant species native and well suited to West Texas.

B. Landscaped areas may include planters, brick, stone, natural forms, or other landscape features that provide a park-like setting.

C. Landscaped areas, or plants, adjacent to pavement must be protected with a concrete curb or equivalent barrier such as:

1. Asphalt curbs; 2. Railroad ties (anchored); 3. Rock or stone curbs (anchored); or 4. Wheel stops (anchored).

D. Landscaping plant material shall be of healthy stock, be native and

naturalized, and have low water requirements.

E. Dying or diseased landscaping plant material shall be replaced with an equivalent plant material.

F. Adequate soil depth and width to encourage healthy growth shall be

provided.

G. The campus shall be responsible for the irrigation of all required landscape areas and plant materials, utilizing one or a combination of the following methods:

1. An automatic or manual underground irrigation system; 2. A drip irrigation system; 3. A rainwater capture system or equivalent; or 4. Any other comparable method.

H. Landscaped areas planted with native grasses and wildflowers may

use a temporary and above ground irrigation system and shall be required to provide irrigation only for the first 2 growing seasons.

I. Irrigation methods used shall:

1. Provide a moisture level in an amount and frequency adequate to sustain growth of the plant material on a permanent basis; and

2. Be maintained and kept operational at all times to provide for efficient water distribution.

J. No irrigation shall be required for undisturbed natural areas or

undisturbed existing trees.

K. On-ground parking lots shall have no less than 10 percent of the square footage landscaped.

L. Parking lot landscaping shall be located entirely within the boundaries

of the parking lot as follows: 1. Landscaping boundaries; 2. Landscaping medians; 3. Landscaping islands; or 4. Landscaping peninsulas.

M. All landscaping plants located in or immediately adjacent to vehicular

use areas shall, at maturity, be as follows: 1. Shrubs and other plant material shall be a maximum of 48

inches in height. 2. Shrubs and other plant material shall be a maximum of 36

inches in height if within the 30 foot sight triangle. 3. Trees shall have a minimum 72 inch clearance from grade to

the lowest branches. SECTION 12: Except as otherwise specified or limited elsewhere in this ordinance, the use and development of the Howard College campus shall generally conform to General Commercial (CG) District zoning standards. All activities shall be limited to those associated with the operation of a college campus as determined by the Planning Director for the City of San Angelo. SECTION 13: Buildings and campus shall generally conform to the master plan provided within this ordinance identified as Exhibit C."



by:____________________________________

Alvin New, Mayor

ATTEST:


Exhibit C- College Master Plan

City of San Angelo

Memo

Meeting Date: August 20, 2012


From: Kevin Boyd, Planner

Subject: SU 12-01 Daryl Presley, a request for a Special Use to allow for a Firearms Range and Meeting Room in a General Commercial/ Heavy Commercial (CG/CH) zone on the following property:

Location: 2229 West Beauregard Avenue, located at the intersection of

West Beauregard Avenue and South Pierce Street; more specifically occupying the Village Shopping Center Condo Subdivision, Block 25, Lots 5-8, in western San Angelo.

Purpose: Approval of this request would allow for a “Firearms Range”

on the subject property.

Contacts: Daryl Presley 325-212-3703

Kevin Boyd, Planner 325-657-4210


SU 12-01: Daryl Presley

AN ORDINANCE AMENDING CHAPTER 12, EXHIBIT “A” OF THE CODE OF ORDINANCES, CITY OF SAN ANGELO, TEXAS, WHICH SAID EXHIBIT “A” OF CHAPTER 12 ADOPTS ZONING REGULATIONS, USE DISTRICTS AND A ZONING MAP, IN ACCORDANCE WITH A COMPREHENSIVE PLAN, BY CHANGING THE ZONING AND CLASSIFICATION OF THE FOLLOWING PROPERTY, TO WIT: 2229 W Beauregard, located at the intersection of W Beauregard Avenue and

South Pierce Street; more specifically occupying the Village Shopping Center Condo Subdivision, Block 25, Lots 5-8, in western San Angelo, to allow for a "Firearms Range" on property in a General Commercial/ Heavy Commercial (CG/CH) district; PROVIDING FOR SEVERABILITY AND PROVIDING A PENALTY


(1) Approve a Special Use allowing for a Firearms Range on this subject property, as requested; or

(2) Approve a Special Use allowing for a Firearms Range on this subject

property, subject to conditions believed necessary and appropriate to mitigate any adverse effects of such use; or

(3) Deny the requested Special Use allowing for a Firearms Range on this

subject property.

(1) Modify the application to some alternative zoning classification believed to be more appropriate, in which case another public hearing will need to be scheduled.

Recommendation: Planning staff recommends approving the proposed special use.

History and Background:

General Information

Existing Zoning: General Commercial/Heavy Commercial (CG/CH) Existing Land Use: Commercial plaza Surrounding Zoning/Land Use: North: General Commercial/

Heavy Commercial (CG/CH)

Commercial plaza

West: Single-Family Residential (RS-1)

Parking and residential dwelling (The Salvation Army's Family Store within the plaza)

South: Low Rise Multi-Family Residential (RM-1)

Apartment complex

East: Low Rise Multi-Family Residential (RM-1)

Apartment complex (The Outdoorsman within the plaza)

Thoroughfares/Streets: W Beauregard Avenue is defined as

an “arterial street,” which is designed to connect collector streets to freeways and carries large volumes of traffic at high speeds. Access is secondary and mobility is the prime function of these streets.

N Pierce Street is defined as a “local

street,” which carries light neighborhood traffic at lower speeds and generally connects to collector streets.

Zoning History: In 1964, the property was zoned

Heavy Business (C-2), which is an equivalent to the current zoning.

Applicable Regulations: Section 408: Firearms Range

In all except ML and MH Districts, the following limitations shall apply to operation of firearms ranges; (1) Firearms ranges shall be completely enclosed within a building. (2) Any noise emanating from discharge of firearms shall not be audible beyond the boundaries of the lot or tract of land where the firearms range is located.

Development Standards: All required off-street parking and the

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

Vision Plan Map: Neighborhood Center Related Comp Plan Excerpts: “Commercial properties tend to be

organized in a single use, isolated pattern of development. This form generates little synergy between businesses and land uses and often results in incompatibility.”

“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.”

“Establish transition areas between

commercial areas and nearby neighborhoods.”

“Organize commercial uses in nodes

to avoid deteriorating corridors.”

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

Special Information

Traffic Concerns: Bringing new use to an existing structure has the potential to bring additional traffic. W Beauregard Avenue is designed to accommodate appropriate commercial traffic.

Parking Requirements: Varies depending upon the use of the

property, there is sufficient parking available for this site.

Parking Provided: Parking for the proposed site is

designated for the parking lot in front of the building.

Density: Medium density commercial and

residential development surrounds the subject property.

Notification Required: Yes Notifications Sent: 43


Analysis:

In order to approve this request, the City Council members are first required to find that:

1. Impacts Minimized. Whether and the extent to which the site plan minimizes adverse effects, including adverse visual impacts, on adjacent properties.

2. Consistent with Zoning Ordinance. Whether and the extent to which the proposed special use would conflict with any portion of this Zoning Ordinance, including the applicable zoning district intent statement.

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

proposed special use is compatible with existing and anticipated uses surrounding the subject land.

4. Traffic Circulation. Whether and the extent to which the proposed special use is likely to result in extraordinarily prolonged or recurrent congestion of surrounding streets, especially minor residential streets.

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

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

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

The staff recommendation is based upon the statements listed below. The proposed site is located in a commercial plaza at the corner of West Beauregard Avenue and South Pierce Street. The proponent wants to open a firearms range and meeting room. A meeting room would be allowed under the current zoning, and as such, the intent for a firearms range is the subject of this request. The proponent seeks to provide a shooting range for long guns and hand guns. The proponent would replace a vacant movie theater, located just east of The Outdoorsman (which primarily sells hunting gear and supplies) which complements with this firearms range proposal. A “Firearms Range”, as defined by the Zoning Ordinance, is an indoor facility used for discharging firearms, per Section 310. The use is not allowed by right in any zoning district; instead, it is only permissible with the approval of a Special Use, and even then, limited to the following districts: CG, CH, CBD, OW, ML, MH, CG/CH, and R&E.

In an effort to mitigate factors that may affect the surrounding properties, firearm ranges placed outside of Light Manufacturing (ML) and Heavy Manufacturing (MH) zoning districts must comply with certain regulations, as outlined in Section 408. Such regulations require that the range be completely enclosed within a building and that the sound from the discharges must not emanate beyond the boundaries of the lot. The surrounding walls, insulated by the adjoining stores, will act as a natural barrier to sound. The proponent will focus on sound abatement technology to provide further sound reduction for the site. With these safeguards, facilities of this nature will be able to blend well and in harmony with surrounding uses. The property is situated along West Beauregard Avenue, as part of an expansive commercial corridor that extends for many blocks, roughly from the site to the Concho River. Positioned along the western edge of the corridor, the plaza serves as a gateway to commerce in the area. North of the subject property is a similar plaza. Residences border the subject property to the west, characterized by an established residential neighborhood zoned Single-Family Residential (RS-1) and to south and east as apartments zoned Low Rise Multi-Family Residential (RM-1).

The Vision Plan calls for the area to be designated as “Neighborhood Center”. The intent for this category is to take on a more pedestrian-friendly character, where uses are integrated with and connected to their surroundings. Another key component is to cluster buildings to generate synergies between complementary uses, this proposal fits both of these principles. The proposal will be an amenity which will serve as entertainment in the area. The proposal replaces a vacant movie theater and would adjoin The Outdoorsman, an outdoor specialty store. The synergy between the related uses would enable cross-shopping and generate activity that will promote an area that is more interesting, safe and sustainable, reflective of the Vision Plan. With regards to traffic circulation, West Beauregard Avenue is as an arterial, designed to carry large volumes of traffic at high speeds. The proposal, similar to The Outdoorsman and the hair salon at the opposite end of the plaza, is considered a specialty venue where the focus is limited to small groups of people or selective clientele. Therefore, with that principle in mind, the expectation is that the site will be less trafficked and the roadway would be able to accommodate traffic generated from the site. Proposed Conditions

1. The proposed range must meet all requirements outlined in Section 408

of the Zoning Ordinance.

Attachments: excerpt from zoning map, showing the general location within the City of San Angelo;

excerpt from the comprehensive plan vision map

highlighting the subject property; excerpt from zoning map, highlighting subject

property; aerial photo, highlighting subject property; draft minutes from August 20, 2012 Planning

Commission; citizen responses; and draft ordinance. Presentation: Kevin Boyd, Planner Reviewed by: AJ Fawver, AICP, Planning Manager (8/15/2012)

VII. Requests for approval of a special use. [Planning Commission makes recommendation; City Council has final authority for approval.] A. SU 12-01: Daryl Presley

a request for a Special Use to allow for a Firearms Range and Meeting Room in a General Commercial/ Heavy Commercial (CG/CH) zone on the following property:

2229 West Beauregard Avenue, located at the intersection of West Beauregard Avenue and North Pierce Street; more specifically occupying the Village Shopping Center Condo Subdivision, Block 25, Lots 5-8, in western San Angelo.

Kevin Boyd, Planner, came forward to present this request, consistent with the staff recommendation of approval.

43 notifications were sent out, with 3 received in favor and 0 received in opposition to the request. Mr. Boyd described and reviewed the uses in and around the area. The Vision Plan map calls for "neighborhood center" at this location, which is consistent with this Special Use, due to the mitigating factors planned, in staff's view. The proposed site is part of a larger strip center along an aging commercial corridor, in which there is some sizable vacant space. This proposal would occupy one of the now-vacant areas within this strip center, right next to the Outdoorsman, a business owned by the applicant. The current zoning of CG/CH allows uses much more intensive uses than the one proposed. The proponent also wants to have a "meeting area" in the facility, which is not the subject of this request since it is already allowed by right. The applicant intends to use sound abatement features to meet the requirement that noise not be audible outside the boundaries of the site. Mr. Boyd also reviewed the specific use standards already required in the Zoning Ordinance for firearms ranges. Traffic that would be generated is provided for adequately by the parking and street network in place. Darryl Presley, the applicant, came forward to speak in favor of the request. He wanted to add that retail sales will also be part of the request. He intends to build this range and believes that it will be a beneficial addition to the community. Joe Grimes asked if the building would be "bulletproof". All the lead will be kept inside and the modifications necessary to do so will be done in the current space, originally a movie theater. He has purchased the unit from the previous owner and he thinks it is a good fit for a firearms range. The chairman asked if he felt he was getting what he needed for the business, and he stated that he felt he was. Mr. Wynne asked what would be done in order to properly house the use. He will be using a commercial bullet trap that is an angled steel plate that contains 2-1/2' to 3' of material that will minimize lead dust and stops the bullets without much destructions. After 80,000 rounds, the lead will be removed and the backstop can be reused. He will be consulting with a company that provides commercial-grade equipment. Mr. Presley was fine with the conditions as outlined.

No one else came forward to speak in favor. No one came forward to speak in opposition to the request. Motion, to approve as presented, was made by Bill Wynne and seconded by Joe Grimes. The motion passed unanimously, 4-0.

AN ORDINANCE AMENDING CHAPTER 12, EXHIBIT "A" OF THE CODE OF ORDINANCES, CITY OF SAN ANGELO, TEXAS, \NHICH 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 DESCRIBED PROPERTY, TO WIT: 2229 W Beauregard, located at the intersection of West Beauregard Avenue and South Pierce Street; more specifically occupying the Village Shopping Center Condo Subdivision, Block 25, Lots 5-8, in western San Angelo, approving a Special Use to allow for a Firearms Range and Meeting Room on this property in a General Commercial / Heavy Commercial (CG/ CH) district; PROVIDING FOR SEVERABILITY AND PROVIDING A PENALTY

RE: SU 12-01: Daryl Presley 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: 2229 W Beauregard, located at the intersection of West Beauregard Avenue and South Pierce Street; more specifically occupying the Village Shopping Center Condo Subdivision, Block 25, Lots 5-8, in western San Angelo, shall have a Special Use allowing a Firearms Range and Meeting Room in a commercial zoning district on the property. Said special uses shall have no fundamental effect upon its underlying or base zoning classification. The Director of Planning is hereby directed to correct the 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 SECTION 5: That the use of this subject property allowed under this Special Use approval shall be limited to the following conditions:

(1) The proposed range must meet all requirements outlined in Section 408 of the Zoning Ordinance.



by:____________________________________

Alvin New, Mayor

ATTEST:

by:________________________________ Alicia Ramirez, City Clerk

AN ORDINANCE AMENDING CHAPTER 12, EXHIBIT "A" OF THE CODE OF ORDINANCES, CITY OF SAN ANGELO, TEXAS, \NHICH 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 DESCRIBED PROPERTY, TO WIT: 2229 W Beauregard, located at the intersection of West Beauregard Avenue and South Pierce Street; more specifically occupying the Village Shopping Center Condo Subdivision, Block 25, Lots 5-8, in western San Angelo, approving a Special Use to allow for a Firearms Range and Meeting Room on this property in a General Commercial / Heavy Commercial (CG/ CH) district; PROVIDING FOR SEVERABILITY AND PROVIDING A PENALTY

RE: SU 12-01: Daryl Presley 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: 2229 W Beauregard, located at the intersection of West Beauregard Avenue and South Pierce Street; more specifically occupying the Village Shopping Center Condo Subdivision, Block 25, Lots 5-8, in western San Angelo, shall have a Special Use allowing a Firearms Range and Meeting Room in a commercial zoning district on the property. Said special uses shall have no fundamental effect upon its underlying or base zoning classification. The Director of Planning is hereby directed to correct the 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.


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 SECTION 5: That the use of this subject property allowed under this Special Use approval shall be limited to the following conditions:

(1) The proposed range must meet all requirements outlined in Section 408 of the Zoning Ordinance.



by:____________________________________

Alvin New, Mayor

ATTEST:

by:________________________________ Alicia Ramirez, City Clerk

City of San Angelo

Memo



From: Kevin Boyd, Planner

Subject: Z 12-09: Donald Spradley, a request for approval of a zone change from Two Family Residential (RS-2) to Neighborhood Commercial (CN) to allow for accessory parking on the following property:

Location: 13 West 11th Street, located approximately 160 feet west of

the intersection of North Chadbourne Street and West 11th Street; more specifically occupying the Miles Addition, Block 52, Lot 4, in central San Angelo.

Purpose: Approval of this request would zone the property

Neighborhood Commercial (CN).

Contacts: Donald A Spradley 325-655-5506

Kevin Boyd, Planner 325-657-4210

Caption: First Public Hearing and consideration of the Planning Commission’s recommendation modifying a request for a zone change from Two Family Residential (RS-2) to General Commercial (CG), alternatively recommending a zone change from Two Family Residential (RS-2) to Neighborhood Commercial (CN) with an introduction of an Ordinance amending Chapter 12, Exhibit “A” (Zoning Ordinance) of the Code of Ordinances, City of San Angelo

Z 12-09: Donald Spradley AN ORDINANCE AMENDING CHAPTER 12, EXHIBIT “A” OF THE

CODE OF ORDINANCES, CITY OF SAN ANGELO, TEXAS, WHICH SAID EXHIBIT “A” OF CHAPTER 12 ADOPTS ZONING REGULATIONS, USE DISTRICTS AND A ZONING MAP, IN ACCORDANCE WITH A COMPREHENSIVE PLAN, BY CHANGING

THE ZONING AND CLASSIFICATION OF THE FOLLOWING PROPERTY, TO WIT: 13 W 11th Street, located approximately 160 feet from the intersection of North Chadbourne Street and W 11th Street; more specifically occupying the Miles Addition, Block 52, Lot 4, in central San Angelo, changing the zoning classification from Two Family Residential (RS-2) to General Commercial (CG) District; PROVIDING FOR SEVERABILITY AND PROVIDING A PENALTY


(1) Approve the proposed zone change; or (2) Modify the application to some alternative zoning classification believed to

be more appropriate; or

(3) Deny the proposed zone change.

Recommendation: Planning staff recommends modifying the proposed zone change to Neighborhood Commercial (CN). On August 20, 2012, the Planning Commission recommended modification of the original request of Two-Family Residential (RS-2) to Neighborhood Commercial (CN) by a vote of 4-0.


General Information

Existing Zoning: Two-Family Residential (RS-2) Existing Land Use: Mostly vacant property, occupied by a

shed Surrounding Zoning/Land Use: North: Two-Family Residential (RS-2) Residential dwelling West: Two-Family Residential (RS-2) Vacant residential property South: General Commercial / Heavy

Commercial (CG/CH) Culligan and Angelo Water Service Co.

East: General Commercial / Heavy Commercial (CG/CH)

Vacant commercial property

Thoroughfares/Streets: W 11th Street is defined as a “local street,” which carries light neighborhood traffic at lower speeds and generally connects to collector streets.

North Chadbourne Street is defined as an "arterial street," which is designed to connect collector streets to freeways and carries large volumes of traffic at high speeds. Access is secondary and mobility is the prime function of these streets.

Zoning History: As far back as 1964, the property was

zoned Two-Family Residential (R-2), an equivalent to the current zoning.

Applicable Regulations: Refer to off-street parking standards, per

Section 511. Development Standards: General Commercial (CG) requires a 25

feet front setback for commercial structures. No side or rear setback are required in commercial districts unless the lot abuts a residential district or use, where a minimum of 10 feet is required, per Section 502.

The maximum floor area or gross floor

area of all buildings on the lot divided by the total area of the lot in an area zoned CG is 2, twice the area of the lot, per Section 502.

Vision Plan Map: Commercial 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."



Create new physical connections to

neighborhoods lined with transitional and intermediate uses."

Establish transition areas to better "scale-

down" intensity of use from commercial centers to neighborhoods."

Special Information

Traffic Concerns: Changing the zoning to commercial will increase the volume of traffic than if the property remained as-is. Since the lot is proposed to become a parking area, there will be an increase of traffic generated by the site.

Parking Requirements: This proposal would allow for parking

accessory to the proponent’s business; the business follows under the occupancy category of a furniture store and equates to 1 space per 400 gross square feet. See Section 511.

Parking Provided: Currently the lot stands mostly vacant, the

proposal is to create surface parking lot on the site in question, which would provide additional spaces for the proponent’s business located at the corner of North Chadbourne and 11th Streets.

Density: Surrounding uses are predominately

medium-density commercial, and residential. The plan complies with the Vision Plan, which calls for a continuation of the future development of this area as a “Commercial."



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.




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.



The staff recommendation is based upon the statements listed below. In the initial request, the proponent asked for a zone change to a district that would allow “commercial parking”; however, after analyzing the site as well as surrounding uses, staff learned that the proponent owned the subject property and the vacant lot adjacent to his business. In this case, “commercial parking”, a category allowing for fee-based parking, would not be the appropriate use. Rather, it would simply need a change of zoning as similar to the zoning of the business as possible; thus, to allow a continuation of the business. Since CG/CH is a zoning type which is no longer utilized, CG is the most closely-matching zoning classification. Located in the Miles addition, the subject property is situated less than a couple hundred feet west of the intersection of West 11th and North Chadbourne Streets. The property is currently zoned residential and the existing use includes a shed which serves as an accessory structure. The request is a zone change from Two-Family Residential (RS-2) to General Commercial (CG) to allow for parking

accessory to the retail use - the proponent's business, Spradley's Custom Designs, is located at the corner of West 11th and North Chadbourne Streets. While North Chadbourne is clearly defined as a major commercial corridor, much of the 0 Block of West 11th Street is zoned for residential use. While lots to the north and west of the property are currently zoned residential, this portion of the block displays a lower density of housing units, characterized by vacant and partially vacant lots. There has been a transition of uses along the block. As a result, the boundary between the zones has become blurred, meaning that it is becoming more difficult to decipher residential properties from those that are commercial. A prime example of this transition was brought forth by the proponent. Prior to the case, the proponent and owner of the property, mentioned he had demolished a house that stood deteriorating on the lot for some time. Vacant and abandoned homes left unmaintained is a dangerous combination and serves as potential blight in the community, as demolition of such structures can generate an improved quality of living for residents of surrounding properties. The proponent’s decision to transform the deteriorating lot into something more useful and practical is a conscious step in revitalizing that section of the block. With processing the zone change, the proponent hopes to maintain the shed, which was located behind the house, on the lot as it currently stands. It is important that the proponent understands that, if the lot remains in a residential zoning district, the accessory structure must be removed; in residential districts, accessory structures are only allowed if they are accessory to a primary structure. While the proponent seeks to change the zoning to allow for parking accessory to the business, it is important to realize that General Commercial zoning allows for a wide range of commercial uses - any of which would be allowed on this site if the parking were not created, or if a different owner wished to do so in the future. It would also allow for a potential expansion of the commercial structure in which the proponent’s business currently exists. The allowed uses for the zoning district include business offices, retail sales, vehicle services (performed while the customer waits), small animal veterinary clinics, entertainment-oriented businesses and restaurants. For example, if the zone change requested is approved, placement of car wash would be an allowed with CG zoning. The Floor Area Ratio (FAR), or total area of buildable space for lots zoned General Commercial (CG), is 2, or twice the area of the lot, per Section 502 of the Zoning Ordinance. Immediately to the south of the subject property is zoned General Commercial/ Heavy Commercial (CG/ CH) and the existing uses are Culligan and Angelo Water Service Company, water and treatment facilities, not the ideal setting for nearby residential uses. The proponent’s business, Spradley’s Custom Designs, is located on North Chadbourne, in an area notorious for limited parking. The building is an older building that was built to the property lines at a time during which it was allowed.

It is located in an area in which infill development is desired and needed, in order to reverse the aging decline of this corridor and associated blight that can occur. This causes problems for potential tenants, who are required to provide the mandatory amount of off-street parking in order to open a business. While there are opportunities for shared parking arrangements along this corridor, they exist either outside of the required 400’ distance, or are along the opposite side of Chadbourne. The traffic is also heavy along North Chadbourne, being an arterial street, that it would not be a safe situation to encourage pedestrian crossing where there is not a designated traffic mechanism or crosswalk. For these reasons, having a designated parking area immediately adjacent to the business is the best solution. Regarding parking: in order to receive a Certificate of Occupancy for a new business, an applicant must provide adequate off-street parking, based on the occupancy category or use, per Section 511. The off-street parking mentioned in the section represents the minimum parking standards, and given that the proponent has an upholstery/furniture shop, his business would follow under furniture store which equates to 1 space per 400 gross square feet, per Section 511.

The Vision Plan calls for the property to be zoned for “Commercial”, consistent with current developmental patterns and the proponent’s request. Residential properties along West 11th Street, closest to North Chadbourne, are at a point of transition and the residential appearance of some of lots is no longer clearly defined. Current developmental trends, echoed by the Comprehensive Plan, denote that the residential blocks nearest to North Chadbourne to be dedicated for commercial use. Staff feels that a zone change to General Commercial (CG) would be an appropriate zone type as the block transitions. This zoning is not the most intensive of the commercial zones, yet would allow for some flexibility that zoning at lower tiers do not provide (refer to examples of allowed uses in paragraph that describes zoning). Considering the nature of this request, staff sees the obvious area of concern, the placement of commercial usage immediately adjacent to residential usage. This type of configuration can clearly create undesirable consequences on the residential inhabitants. However, staff would be remiss if it did not also consider the ill effects of having an opportunity to bolster and create more solid opportunities for the residential strip along North Chadbourne to once again grow and flourish. Staff would contend that the Comprehensive Plan also recognized this opportunity, and that this is why it calls for “commercial” at this and other similar locations; to create a solidified boundary between neighborhood and commercial uses, and to provide opportunities to supplement the aging buildings, making occupancy of them a possibility - augmenting and enhancing the possibilities for this corridor. As investment continues in the Chadbourne Street corridor just south of Houston Harte Expressway, and again at the far northern

end of the corridor, where public facilities exist, possibilities to revitalize older commercial structures in this area should be considered.

Proposed Conditions

N/A


excerpt from the comprehensive plan vision map

highlighting the subject property; excerpt from zoning map, highlighting subject

property; aerial photo, highlighting subject property; draft minutes from August 20, 2012 Planning

Commission; citizen responses; and draft ordinance.

Presentation: Kevin Boyd, Planner Reviewed by: AJ Fawver, AICP, Planning Manager (08/14/12)

ordinance.

D. Z 12-09: Donald Spradley A request for approval of a zone change from Two Family Residential (RS-

2) to General Commercial (CG) to allow for accessory parking on the following property:

13 West 11th Street, located approximately 160 feet west of the intersection

of North Chadbourne Street and West 11th Street; more specifically occupying the Miles Addition, Block 52, Lot 4, in central San Angelo.

Kevin Boyd, Planner, came forward to present this request, consistent with the staff recommendation of denial. There were 19 notifications sent out, with 2 received in favor of the request, and 0 received in opposition of the request. This property is located in central San Angelo, just north of the downtown area. There is CG/CH zoning to the south and east of the subject property. The nearby residences have seen deterioration, and the line between neighborhood and commercial has blurred. Mr. Boyd also showed a map indicating the property owners who responded in favor of this request. He also showed an excerpt from the Vision Plan map, calling for this property to be zoned as "commercial". The zoning has remained the same for the subject property since at least 1964. Mr. Boyd explained that the original request on the application was for "commercial parking", which is a fee-based system. However, this parking is intended for the existing business, which would make it accessory to and allowed under "retail sales & service". He reviewed CG zoning and what it offers at the site. Approval of this request is supported by staff in part because it helps to promote infill development of the existing commercial structures nearby along Chadbourne. The area is an area of transition, and designating this lot for commercial development would promote improvement of the commercial buildings nearby. Joe Grimes asked about the commercial type of use being requested and whether or not it was considered intensive and noted his concern about the intensive nature of it abutting the residential zoning. There was some discussion of the initial application category "commercial parking" versus the intention "parking accessory to a commercial business". Don Spradley, the owner of the property, came forward to speak in favor of this request. He explained that his business has the required parking; however, to expand and use the rest of the building, or to sell the building for a retail use, off-street parking is necessary. He also explained that he purchased the adjacent lot and tore down the house on the site with the intention of using that for parking in the future to serve this facility. He doesn't intend to build anything on that property. No one else came forward to speak in favor of the request. No one came forward to speak in opposition of this item.

Motion, to approve to CN or Neighborhood Commercial zoning instead of CG or General Commercial zoning, was made by Joe Grimes and seconded by Sebastian Guerrero. The motion passed unanimously, 4-0.

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: 13 West 11th Street, located approximately 160 feet west of the intersection of North Chadbourne Street and West 11th Street; more specifically occupying the Miles Addition, Block 52, Lot 4, in central San Angelo, changing the zoning classification from Two Family Residential (RS-2) to Neighborhood Commercial (CN) District; PROVIDING FOR SEVERABILITY AND PROVIDING A PENALTY

RE: Z 12-09: Donald Spradley




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: 13 West 11th Street, located approximately 160 feet west of the intersection of North Chadbourne Street and West 11th Street; more specifically occupying the Miles Addition, Block 52, Lot 4, in central San Angelo shall henceforth be permanently zoned as follows: Neighborhood Commercial (CN) 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.





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.



by:____________________________________

Alvin New, Mayor

ATTEST:

by:________________________________ Alicia Ramirez, City Clerk Approved As To Form: Approved As To Content: _________________________ ________________________ AJ Fawver, Planning Manager Lysia H. Bowling, City Attorney

AN ORDINANCE AMENDING CHAPTER 12, EXHIBIT “A” OF THE CODE OF ORDINANCES, CITY OF SAN ANGELO, TEXAS, WHICH SAID EXHIBIT “A” OF CHAPTER 12 ADOPTS ZONING REGULATIONS, USE DISTRICTS AND A ZONING MAP, IN ACCORDANCE WITH A COMPREHENSIVE PLAN, BY CHANGING THE ZONING AND CLASSIFICATION OF THE FOLLOWING PROPERTY, TO WIT: 13 West 11th Street, located approximately 160 feet west of the intersection of North Chadbourne Street and West 11th Street; more specifically occupying the Miles Addition, Block 52, Lot 4, in central San Angelo, changing the zoning classification from Two Family Residential (RS-2) to Neighborhood Commercial (CN) District; PROVIDING FOR SEVERABILITY AND PROVIDING A PENALTY

RE: Z 12-09: Donald Spradley





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: 13 West 11th Street, located approximately 160 feet west of the intersection of North Chadbourne Street and West 11th Street; more specifically occupying the Miles Addition, Block 52, Lot 4, in central San Angelo shall henceforth be permanently zoned as follows: Neighborhood Commercial (CN) District.











by:____________________________________

Alvin New, Mayor

ATTEST:

by:________________________________ Alicia Ramirez, City Clerk Approved As To Form: Approved As To Content: _________________________ ________________________ AJ Fawver, Planning Manager Lysia H. Bowling, City Attorney

City of San Angelo

Memo



From: Jeff Hintz, Planner

Subject: Z 12-10: GBT Realty, A request for approval of a zone change from Two Family Residential (RS-2) to Neighborhood Commercial (CN) to specifically allow “Retail Sales & Service” as defined in Section 315.G of the Zoning Ordinance on the following property:

Location: An unaddressed 1.36 acre tract, at the southwest corner of the

intersection of Glenna Street and Howard Street, and just north of the Jefferson Heights Addition, Block 25, Lots 34-40; more specifically, occupying 1.36 acres of the J Moehl Survey, in northwest San Angelo.

Purpose: Approval of this request would zone the property Neighborhood

Commercial (CN)

Contacts: Jason Horowitz, representative 615-370-0670 Jeff Hintz, Planner 325-657-4210


Z 12-10: GBT Realty AN ORDINANCE AMENDING CHAPTER 12, EXHIBIT “A” OF THE CODE

OF ORDINANCES, CITY OF SAN ANGELO, TEXAS, WHICH SAID EXHIBIT “A” OF CHAPTER 12 ADOPTS ZONING REGULATIONS, USE DISTRICTS AND A ZONING MAP, IN ACCORDANCE WITH A COMPREHENSIVE PLAN, BY CHANGING THE ZONING AND CLASSIFICATION OF THE FOLLOWING PROPERTY, TO WIT: An unaddressed 1.36 acre tract, at the southwest corner of the intersection of Glenna Street and Howard Street, and just north of the Jefferson Heights Addition, Block 25, Lots 34-40; more specifically, occupying 1.36 acres of the J Moehl Survey, in northwest San Angelo, changing the zoning classification from Two Family Residential (RS-2) to

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Neighborhood Commercial (CN) District; PROVIDING FOR SEVERABILITY AND PROVIDING A PENALTY


(1) Approve the proposed zone change;

(2) Modify the application to some alternative zoning classification believed to be more appropriate; or

(3) Deny the proposed zone change Recommendation: Planning staff recommends denying the proposed zone change. On August 20, 2012 Planning Commission recommended approving this request by a 3-1 vote.


General Information

Existing Zoning: Two-Family Residential (RS-2) Existing Land Use: Vacant lot Surrounding Zoning/Land Use: North: RS-1 Church West: RS-1 Open space & Federal lands South: RS-1 Single-Family residences East: RS-2 Single-Family residences

Thoroughfares/Streets: Glenna Street is defined as an “arterial street”,

which is designed to connect collector streets to freeways and other arterials carrying large volumes of traffic at high speeds. Access is secondary and mobility is the primary function of these streets.

3

Howard Street is defined as a “collector street,” and collects local street traffic carrying it to arterial streets at a moderate speed.

Zoning History: Special Permit 458 was a 1973 proposal to build

apartments on the subject property. The proposal generated over 200 signatures in opposition to this request at the time. As a result, the Special Permit was denied.

Special Permit 152 in 1964 was a request to place

a rest home across the street (northwest corner of Catalina & Glenna) and was accompanied by a request to place a gas station in a proposed C-1 zone on this exact property. The request for the rest home was granted while the gas station was denied.

Special Permit 547 was granted in 1959 and

allows an in home beauty salon at 2032 Field Street.

Special Permit 698 was denied in 1979 and was a

request to operate an auto repair shop at 2102 Chapman Street.

Applicable Regulations: Any time a commercial use abuts a residential

district or use, an opaque privacy fence is required as per section 509 of the zoning ordinance.

Development Standards: 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: The Neighborhood Section of the

Comprehensive Plan states that the intention is to "preserve and reinforce the stability and diversity of San Angelo neighborhoods while allowing for increased density in order to attract and retain long term residents and businesses, and ensure the city's residential quality and economic vitality."

“Promote better transition between nearby

commercial and residential use of land and buildings.”

4

“Require a buffer separating commercial,

industrial, or agricultural zoned lands from neighborhoods.”



"...incentivize new retail in infill locations

within a defined framework." "...ensure infill and redevelopment projects

are compatible with existing neighborhood scale."

Special Information

Traffic Concerns: Changing the zoning from residential to commercial will certainly generate additional traffic than if the property remained as-is..

Parking Requirements: Vary depending upon the use of the property. See

Section 511. Parking Provided: No parking spots are currently provided on the lot Density: Predominantly medium-density residential in the

surrounding areas. The Vision Plan also calls for a continuation of the future development of this area as a neighborhood.



Analysis:

In order to approve this zone change request, the City Council members are first required to consider the following criteria:

5

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.




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.



The staff recommendation is based upon the statements listed below. The zone change to Neighborhood Commercial is not consistent with the surrounding area or the goals of the Comprehensive Plan for the community. Just because a property is located on a corner of a major intersection does not equate to commercial development. There are dozens of corner properties within the community located on major streets that are not commercial. This area has been residentially zoned since 1954; the general area is also developed as residential property and sees very little vacant properties. Allowing commercial development in the middle of a neighborhood and open space is contrary to the goals of the comprehensive plan which seeks to establish a transition between commercial and residential properties. This zone change to Neighborhood Commercial would accomplish the exact opposite. Presently the neighborhood is buffered by open federal property which protects it from future potential commercial development to the west. This area north of the expressway and west of the Concho River is one of the largest neighborhood enclaves in the city. In staff's opinion introducing more commercial development has the potential to alter development patterns in an area that is already highly successful as residential development.

6

A commercial zone surrounded by residential property with no buffer is contrary to the Comprehensive Plan and intent of the Zoning Ordinance. While the proposed commercial zone is light in intensity, there is no buffer into the low density single-family residences prevalent in the area. This property is intimately close to residential property on two sides; commercial development has the potential to alter the character and development patterns of the neighborhood. The neighborhood is quiet now and the additional traffic a successful commercial development will bring also has the potential to degrade the quiet nature the intersection sees. With a church and parkland on two sides of the intersection, it is safe to say that any type of commercial development has the potential to change the development patterns and dynamics of the area. The neighborhood area is not devoid of any commercial development. Following Glenna Street and Howard Street to the south, one finds commercial development near the Loop in a rather large pocket at the intersection of the Loop and Glenna Street. There is no demonstrated community need to add commercial development to the area subject to this zone change. In fact, in 1973 a proposal to develop apartments was overwhelmingly opposed by neighboring property owners, some of which may still reside in this area today; a zone change to commercial of any designation would be more intensive than apartments. The residents of this area have had a quiet neighborhood for decades and the intrusion of a commercial zone has a high potential to upset this successful development. The 1964 proposal for a gas station is on the same level of intensity as a "retail sales" activity would occupy now. This area has developed successfully as residential and a rest home and the other special permits for an in home beauty shop would fit this residential character. A home auto repair shop and gas station are proposals that do not fit into the residential character of the neighborhood and as such, were denied by past commissions. If these same proposals were to come forth today, staff would have the same recommendation of denying the commercial entities in this location as it is clearly a neighborhood and has developed successfully as such for decades. Gas stations, retail stores, and auto repair shops do not fit what the Comprehensive Plan identifies as "neighborhood." The "Neighborhood" section of the Comprehensive Plan does not mean "Commercial," or "Neighborhood Center." The goals of the "Neighborhood" section of the Comprehensive Plan are aimed at fostering residential development in harmony with responsible commercial development. In some instances Neighborhood Commercial has been used in areas designated "Neighborhood." This is not a good practice to get into as it walks a very fine line between "Neighborhood" and the "Neighborhood Center" vision plan designations. Neighborhoods are intended for residential developments and character, while retail sales (among other activities allowed in Neighborhood Commercial zones) does not fit into a neighborhood vision. Retail sales are even banned from household occupations, that would occur in a residential neighborhood, unless a prior invitation is made. To approve a zone change to a commercial designation here would require an amendment to the Vision Plan portion of the

7

Comprehensive Plan. Staff would not recommend this for many of the same reasons mentioned within this report. This property is located just across the street from an area envisioned as "Open Space" within the Vision Plan portion of the Comprehensive Plan. Currently this area is undeveloped and used primarily as open space despite its residential zoning designation. No matter how good the waste disposal and trash mitigation efforts are, commercial properties dealing in retail sales always generate some type of noticeable effect on the natural environment. While waste and litter should not be tolerated anywhere, it is especially damaging near parkland and residential development. While OC Fisher Lake is lacking water during this drought, hopefully in the future it will see water again. Staff is not saying that this applicant or business is not a good steward of the environment, but retail establishments tend to generate accidental refuse on adjacent properties no matter how good the mitigation efforts and methods are. Being so close to parkland and a body of water, staff has some serious concerns about the potential a retail establishment could have on the natural environment in this location. Past zoning history for this area indicates the property owners and previous boards have intended for this area to remain as residential. Higher intensity uses have consistently been denied in this area and the area has successfully developed as a result. Past commission and staff members did not have a comprehensive plan to rely on in considering development options, but we do. The Comprehensive Plan outlines several steps to promote successful buffers and to ensure commercial development is compatible with the neighborhood. The Comp Plan also seeks to create better buffers and transitions between neighborhoods and commercial establishments. A ten foot alley and a 36 foot wide street are not the buffers the Comprehensive Plan seeks to introduce as a buffer into the neighborhood from a commercial establishment. There is a park and open space directly across the street from this property and it simply is not a good spot for commercial development. People seek parks and open space to get away from traffic and noise; the introduction of a commercial enterprise has a very real potential to upset this balance of land use which has been working in the area for decades. In addition, this request does not meet the requirements for consideration of the Planning Commission as laid out in the Zoning Ordinance when considering a zone change. The Comprehensive Plan calls for the area to develop as neighborhood, anything contrary to this vision does not meet the criteria established by state law or local ordinances. State law and local ordinance dictates the criteria for a zone change be met, and in staff's opinion the criteria established locally have not been met. State law requires that zoning changes follow a Comprehensive Plan if one is in place, and commercial uses do not fit the neighborhood vision established in San Angelo's Comprehensive Plan. Upsetting a consistent and successful pattern of development is contrary to the goals of the Comprehensive Plan and the Zoning Ordinance; the introduction of commercial in

8

this area will not create a buffer or transition zone for the neighborhood as the comprehensive plan seeks to accomplish. In addition, this is not the type of location where successful infill commercial development should occur. There are dozens of vacant properties within the city that are properly zoned for "retail sales" and these properly zoned commercial properties are where infill development should occur, not within a successful residential neighborhood. Proposed Conditions

N/A


excerpt from the comprehensive plan vision map highlighting

the subject property; excerpt from zoning map, highlighting subject property; aerial photo, highlighting subject property; responses in opposition to this request; draft minutes from Planning Commission; and draft ordinance.

Presentation: AJ Fawver, Planning Manager Reviewed by: AJ Fawver AICP, Planning Manager (08/09/12)

10

11

12

B. Z 12-10: GBT Realty

A request for approval of a zone change from Two Family Residential (RS-2) to Neighborhood Commercial (CN) to specifically allow “Retail Sales & Service” as defined in Section 315.G of the Zoning Ordinance on the following property: An unaddressed 1.36 acre tract, at the southwest corner of the intersection of Glenna Street and Howard Street, and just north of the Jefferson Heights Addition, Block 25, Lots 34-40; more specifically, occupying 1.36 acres of the J Moehl Survey, in northwest San Angelo.

Jeff Hintz, Planner, came forward to present this request, consistent with the staff recommendation of denial. 21 notifications were sent out, with 2 received in opposition. Mr. Hintz shared the letters of opposition with the Commission members for their review. The site is located within a large RS-1 district, with some mixed residential and CN tracts to the southeast, a few blocks away from the property. There is a church and some federally-owned property across Edmund/Glenna to the north. This property is RS-2. The area has developed successfully as a neighborhood since the 1950s. The Vision Plan calls for "neighborhood" at this location. The dam and recreational area to the north/northwest is called to remain as "open space". Mr. Hintz showed a larger view of this sector of the community, illustrating only three or four areas identified to be "neighborhood center". Zooming out, Mr. Hintz emphasized the amount of uninterrupted residential zoning in this area, except at designated nodes, very consistent with the Vision Plan map. This general vicinity has been zoned as residential since 1954. At one time, this property had a request for a gas station (which was denied and saw a petition of signatures from the neighborhood) and an apartment complex (which was also denied). Mr. Hintz read some excerpts from the Comprehensive Plan, which emphasized transition into neighborhoods, and use of buffers. The request is not compatible with the surrounding area, in staff's view, and the request is inconsistent with the Vision Plan map for the area. In fact, the argument could be made that a change to commercial at this location could be considered spot zoning. There are already properly-zoned locations throughout the city which are zoned appropriately for this use. Retail establishments tend to generate traffic and, at times, trash. It is also very close to a recreational area that could also be negatively affected by a change to commercial at this location. The request also appears to not be compatible with the intent of the Zoning Ordinance - the only "buffer" for the neighborhood would be the alley separating the two uses. The neighboring properties are not commercial in nature - the closest thing to commercial at this site would be the church across the street. Mr. Hintz reviewed some other history in the area.

Bill Wynne asked Jeff Hintz why this type of request would possibly be considered spot zoning. Mr. Hintz explained that "neighborhood" development, which the Comprehensive Plan calls for, does not include retail uses. Mr. Hintz explained that there is no mention of commercial activity within the Comprehensive Plan, as opposed to a "neighborhood center", which is called for at key nodes throughout the area. Joe Grimes asked Mr. Hintz if spot zoning was also an issue in relation to one

of the emerging nodes along the Howard corridor. Bill Wynne noted that, in his view, the intersection in question was a "node" that could potentially be rezoned to commercial. Joe Grimes discussed that Edmund Street has been widened in recent years, and there is a school zone along that stretch of Edmund. He can see why somebody would choose that corner specifically for a business. People are not going to want to drive into the center of a neighborhood to pick up groceries and goods. He can't understand wanting to place a business at that corner specifically. Mr. Hintz pointed out some neighborhood center opportunities throughout the area. Mr. Grimes noted that there were already convenience stores around the area that serve this neighborhood. Terry Cowen, representing the surveying group and the realty company (GBT), came forward to speak on this request. They are intending to build a Dollar General store at this location. Nothing else is planned for this location. As he understands it, they have a contract with the church across the street, who owns this lot. He sits on the Planning Commission in the city where he lives; however, this application is not in the middle of a residential district; it is on the edge of a residential district. His observation is that there is a good traffic flow along this corridor. The residential area has been in place for a number of years and has older homes. He did not know the full history of this tract of land and why it has not developed as residential. Using a little common sense, he can't see it ever developing in a residential nature. It will either be vacant or some other use (other than residential) will develop it. He understood the concerns of neighbors, but it has been his experience that Dollar General stores make good neighbors. They use the one in his town frequently because it is convenient. Regarding the opposition, receiving only 2 of 21 sent out indicates that it is well-received. His impression is that there is not widespread neighborhood opposition based upon the letters. He also offered to answer any questions. Wayne Maxwell, who lives in this area, came to speak in favor of this request. He would like to see a Dollar General and feels that this type of business is needed for this neighborhood. Currently, he has to drive to Walmart for these types of goods. Dollar Generals tend to have clean operations as noted throughout the state. It would be an asset to the area. The tax revenue for the city would be helpful. It would also bring jobs and revenue to the area. Regarding the traffic - he would like to see a traffic light at that location to help mitigate the vehicles travelling through the area. Perhaps a sound-absorbing fence could be put up. There are many transient people in this location, namely rentals. Progress is coming and it should be allowed. There aren't many residents of this area that will have an issue with the request, he feels. He mentioned being affiliated with the church. Sebastian Guerrero thanked Mr. Maxwell for coming to the meeting to speak on the matter. Nell Maxwell also came forward to speak in favor of this request. She likes the ability to walk to the store and likes the type of people employed by Dollar Generals. She dislikes convenience stores and other stores where alcohol is sold. It is also across the street from the church and often times, the Sunday school teachers need something quick, for which this type of store would be a benefit. As for the traffic, she feels there does need to be some sort of traffic control device.

No one came forward to speak in opposition of the request. Joe Grimes made a few comments: he stated that this issue is not about a specific business; but rather about a neighborhood and commercial use in general. They do not have the authority to tell a business "no" or limit their growth; he also addressed Mr. Cowen's statements about "spot zoning". Joe Grimes asked Ms. Fawver about "spot zoning". Ms. Fawver explained that there have been a handful of cases at the Texas Supreme Court level that speak to this practice, and that, fundamentally, these legal opinions point to zoning that is not in accordance with the Comprehensive Plan. If one looks at the Comprehensive Plan and its discussion of the "neighborhood" category, it speaks to a variety of types of housing stock and principles that enhance and maintain a neighborhood, not specifically to commercial types of development. Bill Wynne talked about the advantages that could be met by approving this request, including the creation of jobs, tax revenue, and the convenience of the residents in the neighborhood. Sebastian Guerrero discussed the traffic in this area. He felt that a traffic signal at this intersection might help mitigate the traffic. Motion, to approve the zone change as requested, was made by Bill Wynne, and seconded by Sebastian Guerrero. The motion passed by a vote of 3-1, with Bill Lawrence 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 WITAn unaddressed 1.36 acre tract, at the southwest corner of the intersection of Glenna Street and Howard Street, and just north of the Jefferson Heights Addition, Block 25, Lots 34-40; more specifically, occupying 1.36 acres of the J Moehl Survey, in northwest San Angelo, changing the zoning classification from Two Family Residential (RS-2) to Neighborhood Commercial (CN) District; PROVIDING FOR SEVERABILITY AND PROVIDING A PENALTY

RE: Z 12-10: GBT Realty





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 1.36 acre tract, at the southwest corner of the intersection of Glenna Street and Howard Street, and just north of the Jefferson Heights Addition, Block 25, Lots 34-40; more specifically, occupying 1.36 acres of the J Moehl Survey, in northwest San Angelo shall henceforth be permanently zoned as follows: Neighborhood Commercial (CN) District.











by:____________________________________

Alvin New, Mayor

ATTEST:


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 WITAn unaddressed 1.36 acre tract, at the southwest corner of the intersection of Glenna Street and Howard Street, and just north of the Jefferson Heights Addition, Block 25, Lots 34-40; more specifically, occupying 1.36 acres of the J Moehl Survey, in northwest San Angelo, changing the zoning classification from Two Family Residential (RS-2) to Neighborhood Commercial (CN) District; PROVIDING FOR SEVERABILITY AND PROVIDING A PENALTY

RE: Z 12-10: GBT Realty





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 1.36 acre tract, at the southwest corner of the intersection of Glenna Street and Howard Street, and just north of the Jefferson Heights Addition, Block 25, Lots 34-40; more specifically, occupying 1.36 acres of the J Moehl Survey, in northwest San Angelo shall henceforth be permanently zoned as follows: Neighborhood Commercial (CN) District.











by:____________________________________

Alvin New, Mayor

ATTEST:


AN ORDINANCE PROVIDING FOR THE ABANDONMENT AND CLOSING OF THE FOLLOWING ALLEY, TO WIT: An approximately 10’ x 123’ portion of alley running east to west, perpendicular to Travis Street, between The Jacoby Addition, Block 1, Lot 1 and Lake View Addition, Block 40, Lots 5-7 in northern San Angelo; AUTHORIZING THE CONVEYANCE THEREOF TO THE ABUTTING PROPERTY OWNERS; PROVIDING FOR THE TERMS AND CONDITIONS OF ABANDONMENT AND CONVEYANCE; AND PROVIDING FOR THE MAYOR TO EXECUTE AND DELIEVER A QUIT CLAIM DEED TO THE ABUTTING PROPERTY OWNERS

RE: abandonment of a public right-of-way being an alley between Block 40, of the Lake View Addition, south of Lots 5-7 and North of the Jacoby Addition, Block 1, Lot 1, running perpendicular to Travis Street in northern San Angelo .



BEING the entire 10-foot width and 123-foot length of right-of-way for a public alley

dedicated immediately south of Lots 5-7 in Block 40, of the Lake View Addition, which said alley is described more particularly as follows:

BEGINNING at a point on southwest corner of the Lake View Addition, Block 40, Lot 7. THENCE in an easterly direction a distance of 123 feet; THENCE in a southerly direction a distance of 10 feet; THENCE in a westerly direction a distance of 123 feet; THENCE in a northerly direction a distance of 10 feet to the POINT OF BEGINNING.









necessitated by the request to abandon this public right-of-way. INTRODUCED on the 4th day of September 2012 and finally PASSED, APPROVED AND ADOPTED ON this the 18th day of September, 2012. CITY OF SAN ANGELO, TEXAS ATTEST: by: ______________________________ by: ______________________________


City of San Angelo

Memo



From: Jeff Hintz, Planner Subject: Alley abandonment request on the following property:

Location: An approximately 10’ x 123’ portion of alley running east to west, perpendicular to Travis Street, between The Jacoby Addition, Block 1, Lot 1 and Lake View Addition, Block 40, Lots 5-7 in northern San Angelo.

Contacts: Karen Coates 325-653-7194 Jeff Hintz, Planner 325-657-4210

Caption: First Public Hearing and consideration of introduction of an Ordinance authorizing abandonment of public right-of-way in Lake View Addition Block 40 and the Jacoby Addition, Block 1 in northern San Angelo,

AN ORDINANCE PROVIDING FOR THE ABANDONMENT AND CLOSING OF THE FOLLOWING STREET SEGMENT, TO WIT: An approximately 10’ x 123’ portion of alley running east to west, perpendicular to Travis Street, between The Jacoby Addition, Block 1, Lot 1 and Lake View Addition, Block 40, Lots 5-7 in northern San Angelo; AUTHORIZING THE CONVEYANCE THEREOF TO THE ABUTTING PROPERTY OWNERS; PROVIDING FOR THE TERMS AND CONDITIONS OF ABANDONMENT AND CONVEYANCE; AND PROVIDING FOR THE MAYOR TO EXECUTE AND DELIVER A QUIT CLAIM DEED TO THE ABUTTING PROPERTY OWNERS


1. Approve the proposed abandonment; or

2. Approve the proposed abandonment subject to conditions; or

3. Deny the proposed abandonment.

Recommendation: City staff recommends approving the proposed alley abandonment for the reasons mentioned in this report. On August 20, 2012 the Planning Commission recommended approving this request by a vote of 4-0. History and Background:

The applicant came to staff in May of 2012 regarding the possibility of selling the property to a neighbor; as part of that transaction, there was a desire to for the purpose of building onto a house and fencing in this property. City records seemed to indicate the alley was abandoned and that the applicant owned property on both sides of the alley. Through the real estate transaction process, however, the applicant and city staff discovered no quit claim deed formally abandoning was ever recorded with the county. Subsequent and exhaustive searches of city planning records and the City Clerk's records did not result in the discovery of information showing this abandonment had taken place. A 1982 plat of the Jacoby Addition includes the southern five feet of the alley in Lot One of Block One in this plat. The tax records and ownership deed records also indicate the property to the north of the alleyway includes the north five feet of the alley. These legal descriptions of property (the plat) and tax records indicate what is actually owned. As a result of the plat and tax records, city staff is under the impression that the alley was likely abandoned, but had no formal quit claim document indicating that it indeed was. As a result, the abandonment process needs to take place to legally close the alley. When asking for the Mayor's signature on any quit claim deed, as is City policy, a copy of the action authorizing such a signature is also provided. Because of the circumstances on this matter, staff could produce no documentation of action by the City that would authorize this signature on its behalf. Finalizing this process now, however, will produce just that.

General Information

Existing Zoning: Single-Family Residential (RS-1) Existing Land Use: Vacant property Surrounding Zoning/Land Use: North: RS-1 single-family residences West: RS-1 single-family residences South: RS-1 single-family residences East: RS-1 low lying drainage capture area

Storm Water/Drainage: Abandoning the alley is not expected to create

any storm water or drainage changes for the area.

Topography: Abandoning the alley is not expected to change

the topography of the area. Water/Sewer Utilities: Abandoning the alley would pose no problems as

there are no utilities for water or sewer in the alley. Fire Protection: Abandoning the alley would pose no problems for

fire safety accessibility to the homes. Access Management: Abandoning the alley is not expected to create

problems regarding rear access to the residences in the area.

Notification required: Yes Notifications Sent: 7 Received In favor 0 Received in opposition 0

Special Information

Private Utilities: There are no private utilities located within this

alleyway. Abandoning this alley will not create a lack of service or availability of service for neighboring properties.

Basis for Recommendation

Given that this alley appears to be abandoned and there is no formal record of it, staff recommends having this recorded using today's procedures and processes to formally abandon the alley and document the process to prevent future problems with title runs or property transactions. While staff does not doubt the intent was to abandon this alley segment, there is no official record of it and the formal abandonment procedures need to occur. This process will provide the applicant the legal documentation necessary to complete the real estate transaction that is at hand. The applicant owns property on both sides of this alleyway and as such, can encompass the alley in its entirety into future plans.

The alley runs into what was designed to be a lake with a circle drive and

boulevards running up to it on all sides. The original concept of the plat was never fulfilled and as such, the proposed street surrounding the lake was abandoned, as was the additional right-of-way property for the boulevards. At the present moment, the lots have been divided up so that the alleyway does not give access to the rear of any property, but rather bisects one property owner's land. Even if this alley was not believed to have been considered for abandonment in the past, staff would still be recommending approval of this request as the alley is devoid of any

utilities and is not being utilized, nor does it benefit the public in any way. Staff believes this alleyway will be much more practical for the applicant and city as a portion of a lot than an alley. In examining these types of requests, the underlying concern for staff's recommendation is whether or not the maintaining of the alley in City hands is in the best interests of the public as a whole.

Even if there were different property owners on either side of the

unimproved alley, staff's recommendation would not change. The alley is un-used and provides no rear access to properties. The alley will be much more beneficial to private owners since it provides no rear access to property and is void of all utilities. There is one additional alley to the south of this circle configuration in Block 45 of the Lakeview Addition, it is also believed to be abandoned. The blocks to the east of the lake did not include platted alleyways as they were much smaller in size and number of lots created. The attached plat of the Lakeview Addition focuses on this general area and shows what the master plan at one time was. As time changed, the plan that was platted was never fulfilled. As a result, the unused alleyways, boulevards, and circular street area around the lake have been abandoned over time as the additional public property was no longer necessary for the city to maintain.

Proposed Conditions

N/A


excerpt from zoning map, highlighting subject property; aerial photo, highlighting subject property; original plat of the Lakeview Addition from 1908; draft minutes from Planning Commission; and draft ordinance. Presentation: AJ Fawver, Planning Manager Reviewed by: AJ Fawver, AICP, Planning Manager (08/09/12)

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

A. Lakeview Addition, Block 40 and Jacoby Addition, Block 1: Karen Coates

A request to abandon an alley on the following property: An approximately 10’ x 123’ portion of alley running east to west, perpendicular to Travis Street, between The Jacoby Addition, Block 1, Lot 1 and Lake View Addition, Block 40, Lots 5-7 in northern San Angelo.

Jeff Hintz, Planner, came forward to present this case, subject to the staff recommendation of approval. Seven notifications were sent out on this request, with zero returned either in favor or in opposition. Mr. Hintz showed photos of the property, including the area which is the subject of the abandonment request. It is believed that the intent many years ago was to formally abandon it; however, there are no records of said abandonment. This will provide a legal basis for which to conduct a property transaction without problems with title and corresponding documents. Sebastian Guerrero asked if the proponent owned property on both sides of the alley. Mr. Hintz explained that it did. He also verified that no notifications were responded to and that private utility companies had no issue with the abandonment. Joe Grimes asked if there were any drainage issues created by a closure of this alley. There are not - this was reviewed by the Stormwater Engineer and found to be of no issue. Karen Coates, the owner of the adjacent property and the proponent of the request, came forward to speak in favor of the request. They have owned that property for some time and received a title opinion at that time. While the title company was able to find a plat document that indicated that the abandonment had been completed, they were unable to turn up any documentation regarding this alley segment. Joe Grimes asked Ms. Coates to clarify which property she owns. Bill Wynne asked about who owned Lot 4. Staff confirmed that the City of San Angelo owns Lot 4. Joe Grimes asked if the size of the abandonment could be increased; however, Ms. Fawver clarified that the Commission may only proceed with the property that was included in the notification. Betty Walker, who own lots on the other side of Travis, came forward to ask if a business could be put on the property. Staff explained that the zoning is residential. Motion, to approve as presented, was made by Bill Wynne and seconded by Joe Grimes. The motion passed unanimously, 4-0.

AN ORDINANCE PROVIDING FOR THE ABANDONMENT AND CLOSING OF THE FOLLOWING ALLEY, TO WIT: An approximately 10’ x 123’ portion of alley running east to west, perpendicular to Travis Street, between The Jacoby Addition, Block 1, Lot 1 and Lake View Addition, Block 40, Lots 5-7 in northern San Angelo; AUTHORIZING THE CONVEYANCE THEREOF TO THE ABUTTING PROPERTY OWNERS; PROVIDING FOR THE TERMS AND CONDITIONS OF ABANDONMENT AND CONVEYANCE; AND PROVIDING FOR THE MAYOR TO EXECUTE AND DELIEVER A QUIT CLAIM DEED TO THE ABUTTING PROPERTY OWNERS

RE: abandonment of a public right-of-way being an alley between Block 40, of the Lake View Addition, south of Lots 5-7 and North of the Jacoby Addition, Block 1, Lot 1, running perpendicular to Travis Street in northern San Angelo .



BEING the entire 10-foot width and 123-foot length of right-of-way for a public alley

dedicated immediately south of Lots 5-7 in Block 40, of the Lake View Addition, which said alley is described more particularly as follows:

BEGINNING at a point on southwest corner of the Lake View Addition, Block 40, Lot 7. THENCE in an easterly direction a distance of 123 feet; THENCE in a southerly direction a distance of 10 feet; THENCE in a westerly direction a distance of 123 feet; THENCE in a northerly direction a distance of 10 feet to the POINT OF BEGINNING.









necessitated by the request to abandon this public right-of-way. INTRODUCED on the 4th day of September 2012 and finally PASSED, APPROVED AND ADOPTED ON this the 18th day of September, 2012. CITY OF SAN ANGELO, TEXAS ATTEST: by: ______________________________ by: ______________________________


City of San Angelo



From: Morgan Trainer, Budget Manager

Subject: Agenda Item for September 4, 2012 Work Session

Contact: Morgan Trainer, 653-6291 and Ricky Dickson, 657-4206

Caption: Regular Item

First public hearing and introduction of an ordinance amending the landfill rates.

Summary:

As discussed with City Council on June 5, 2012, it is necessary to raise rates at the landfill. This includes rates for residential garbage collection, commercial garbage collection, and landfill gate fees.

As directed by City Council, staff is now presenting an incremental plan setting the first year at $6.32 and providing phased in rates until the necessary adjusted rates are met.

History: Discussed and approved by consensus June 5, 2012

Financial Impact: None at this time

Related Vision Item

(if applicable):

Financial Vision


None

Attachments: Ordinance

Presentation: None

Publication: None


Ricky Dickson, Operations

Approved by Legal: Yes

AN ORDINANCE AMENDING APPENDIX A, “FEE SCHEDULE”, ARTICLE 8.000 “UTILITY RELATED FEES”, OF THE CODE OF ORDINANCES, CITY OF SAN ANGELO, TEXAS, AMENDING SECTION 8.1500 “CHARGE FOR COLLECTION OF GARBAGE AND TRASH”, BY RESTATING SUBPART (a) RESIDENTIAL SERVICES”, (1) “RESIDENCE SERVICE CHARGES”, ADJUSTING RESIDENCE SERVICE CHARGES; AMENDING SECTION 8.1500 “CHARGE FOR COLLECTION OF GARBAGE AND TRASH”, BY RESTATING SUBPART (b) “COMMERCIAL SERVICE”, (2) “COMMERCIAL SERVICE CHARGES”, ADJUSTING COMMERCIAL SERVICE CHARGES; AMENDING SECTION 8.1700 “LANDFILL CHARGES”, BY RESTATING SUBPARTS (a), (f) AND (G), ADJUSTING LANDFILL CHARGES FOR LICENSED COLLECTORS, CITY RESIDENTS, NON-RESIDENTS, AND FOR GARBAGE DUMPED BY OR FOR CERTAIN GOVERNMENT ENTITIES; PROVIDING FOR SEVERABILITY; AND PROVIDING AN EFFECTIVE DATE

WHEREAS, the City Council has reviewed the projected revenues and expenses of the municipal landfill during the budget process; and,

WHEREAS, operation of the landfill has required certain capital improvements related to the development of additional cells and development of facilities required for gas disposal; and,

WHEREAS, operation of the municipal landfill requires that provision be made to fund

ongoing operation and expansion of the landfill as required, including maintenance of debt service; and,

WHEREAS, the City Council for the City of San Angelo has examined the cost of residential and commercial garbage collection, and determined that the established fees do not reflect the actual costs for the services; and, WHEREAS, the City Council for the City of San Angelo has examined the revised fees for residential and commercial service charges, and landfill charges, for the municipal landfill as proposed by City staff, and finds them to appropriately reflect actual costs incurred by the City for the respective services;

NOW THEREFORE BE IT ORDAINED BY THE CITY OF SAN ANGELO: Section 1) THAT Appendix “A”, “Fee Schedule”, Article 8 “Utility Related Fees”, Section 8.1500

“Charge for Collection of Garbage and Trash”, of the Code of Ordinances of the City of San Angelo, Texas, is hereby amended by restating subpart (a) “Residential Services”, (1) “Residence Service Charges” to read as follows:

“(1) Residence Service Charges: The residences of the city and small professional and business firms who receive twice a week regular service have been divided into fair and reasonable types according to their structure and uses, for the purposes of collection of garbage and trash. Fair and reasonable charges for service where pick-ups are made from alleys or from front or side line street curbs shall be and are herein

shown in terms of dollars and cents opposite each type, along with the other charges that are more fully explained in subsection (a)(2) below, for a calendar month as

October 1, 2012 October 1, 2013 Rates Rates

(A) One-family residence $8.80 $9.01 Inspection charge $0.10 $0.10 City landfill charge $0.20 $0.20 State landfill charge $0.50 $0.50 Total: $9.60 $9.81 (B) Apartment house $8.80 $9.01 (where large containers are not used) per unit Inspection charge $0.10 $0.10 City landfill charge $0.20 $0.20 State landfill charge $0.50 $0.50 Total: $9.60 $9.81 (C) Small business, using $17.40 $17.82 residential-type service Inspection charge $0.20 $0.20 City landfill charge $0.40 $0.40 State landfill charge $1.00 $1.00 Total: $19.00 $19.42 (D) Two-family duplex residence $17.40 $17.82 Inspection charge (per duplex) $0.20 $0.20 City landfill charge (per duplex) $0.40 $0.40 State landfill charge (per duplex) $1.00 $1.00 Total: $19.00 $19.42

(E) One-family residence for those residents receiving “supplemental security income” payments from the Social Security Administration” $5.71 $5.85

Section 2) THAT Appendix “A”, “Fee Schedule”, Article 8.000 “Utility Related Fees”, Section

8.1500 “Charge for Collection of Garbage and Trash”, of the Code of Ordinances of the City of San Angelo, Texas, is hereby amended by restating subpart (b) “Commercial Service”, (2) “Commercial Service Charges” to read as follows:

“(2) Commercial Service Charges. Rates for commercial service shall be as set forth in the

following tables:

2012 Commercial Rates Effective October 1, 2012 COMMERCIAL HANDLOAD SIZE DIMEN NO. DAYS RATE FUEL FRANCHISE PER WEEK SURCHG FEE 2 19.45 No Change 4% STEEL BINS SIZE DIMEN NO. DAYS RATE FUEL FRANCHISE EXTRA PER WEEK SURCHG FEE PU 2 YD 6x3x3 1 41.18 No Change 4%

20.60 2 YD 2 67.78 20.60 2 YD 3 86.08 20.60 2 YD 4 105.54 20.60 2 YD 5 122.40 20.60 2 YD 6 142.71 20.60 4 YD 6x4x41/2 1 66.06 33.04 4 YD 2 101.24 33.04 4 YD 3 138.42 33.04 4 YD 4 177.88 33.04 4 YD 5 213.36 33.04 4 YD 6 242.24 33.04 8 YD 6x6x6 1 98.95 49.48 8 YD 2 177.88 49.48 8 YD 3 242.24 49.48 8 YD 4 321.74 49.48 8 YD 5 393.54 49.48 8 YD 6 469.61 49.48 CONSTRUCTION BOXES SIZE DIMEN NO. DAYS RATE FUEL FRANCHISE EXTRA PER WEEK SURCHG FEE PU 2 YD 6x3x3 1 54.91 No Change 4% 27.46 2 YD 2 90.96 27.46 2 YD 3 115.54 27.46 2 YD 4 141.85 27.46

2 YD 5 164.74 27.46 2 YD 6 192.19 27.46 4 YD 6x4x41/2 1 88.67 44.34 4 YD 2 136.13 44.34 4 YD 3 186.47 44.34 4 YD 4 239.68 44.34 4 YD 5 287.44 44.34 4 YD 6 335.20 44.34 8 YD 6x6x6 1 132.99 66.50 8 YD 2 239.68 66.50 8 YD 3 326.62 66.50 8 YD 4 433.86 66.50 8 YD 5 530.82 66.50 8 YD 6 633.49 66.50 INDUSTRIAL ROLL OFF SIZE DIMEN RATE PER RATE FUEL FRANCHISE DAY SURCHG FEE 20 YD 4'6x8x22 3.38 101.51 4% 30 YD 5'9x8x22 3.38 101.51 40 YD 5'9x8x22 4.15 124.49 HAUL FEE PER FUEL FRANCHISE LOAD SURCHG FEE 88.44 No Change 4% 107.50 132.75

2013 Commercial Rates Effective October 1, 2013 COMMERCIAL HANDLOAD SIZE DIMEN NO. DAYS RATE FUEL FRANCHISE PER WEEK SURCHG FEE 2 20.09 No Change 4%

STEEL BINS SIZE DIMEN NO. DAYS RATE FUEL FRANCHISE EXTRA PER WEEK SURCHG FEE PU 2 YD 6x3x3 1 42.54 No Change 4% 22.43 2 YD 2 70.01 22.43 2 YD 3 88.91 22.43 2 YD 4 109.01 22.43 2 YD 5 126.43 22.43 2 YD 6 147.41 22.43 4 YD 6x4x41/2 1 68.24 35.97 4 YD 2 104.57 35.97 4 YD 3 142.98 35.97 4 YD 4 183.74 35.97 4 YD 5 220.38 35.97 4 YD 6 250.21 35.97 8 YD 6x6x6 1 102.20 53.88 8 YD 2 183.74 53.88 8 YD 3 250.21 53.88 8 YD 4 332.32 53.88 8 YD 5 406.49 53.88 8 YD 6 485.06 53.88 CONSTRUCTION BOXES SIZE DIMEN NO. DAYS RATE FUEL FRANCHISE EXTRA PER WEEK SURCHG FEE PU 2 YD 6x3x3 1 56.72 No Change 4% 29.90 2 YD 2 93.95 29.90 2 YD 3 119.34 29.90 2 YD 4 146.52 29.90 2 YD 5 170.16 29.90 2 YD 6 198.51 29.90 4 YD 6x4x41/2 1 91.59 48.28 4 YD 2 140.61 48.28 4 YD 3 192.61 48.28 4 YD 4 247.56 48.28 4 YD 5 296.89 48.28 4 YD 6 346.22 48.28 8 YD 6x6x6 1 137.36 72.41 8 YD 2 247.56 72.41 8 YD 3 337.36 72.41 8 YD 4 448.14 72.41 8 YD 5 548.28 72.41 8 YD 6 654.33 72.41

INDUSTRIAL ROLL OFF SIZE DIMEN RATE PER RATE FUEL FRANCHISE DAY SURCHG FEE 20 YD 4'6x8x22 3.40 101.99 4% 30 YD 5'9x8x22 3.40 101.99 40 YD 5'9x8x22 4.17 125.09 HAUL FEE PER FUEL FRANCHISE LOAD SURCHG FEE 88.86 No Change 4% 108.02 133.38

Section 3) THAT Appendix “A”, “Fee Schedule”, Article 8.000 “Utility Related Fees”, Section

8.1700 “Landfill Charges”, of the Code of Ordinances of the City of San Angelo, Texas, is hereby amended by restating subparts (a), (f) and (g) to read as follows:

“(a) Each person or licensed collector who desires to dispose of waste, garbage, trash and refuse at any city landfill or dump shall pay the following charges for the privilege of using such areas:

OCTOBER 1, 2012 RATES

City Residents Non-Residents (1) Flat Rate for Municipal $27.40 per ton $29.40 per ton Solid Waste (minimum) (minimum) (2) Car, Pickup and/or Trailer Load, hauled by homeowner from residence, which contains brush, rubbish, garbage $12.41 per load $29.40 per load (3) Car, Pickup and/or Trailer Load, from business or institution or residence where it is hauled by

a person other than the homeowner for a fee ton $27.40 per ton $29.40 per ton (4) Car, Pickup and/or Trailer Load, from business or institution or residence where it is hauled by a person other than the homeowner for a fee $27.40 per ton $29.40 per ton (5) Animal Waste $3.90 per cubic yard $5.85 per cubic yard (6) Asbestos (non-friable) $26.00 per cubic yard $39.00 per cubic yard (7) Biomedical (“red bag”) Wastes $39.00 per cubic yard $58.50 per cubic yard (8) Tires: Car, Motorcycle $3.25 each $4.88 each Truck $6.50 each $9.75 each Off Road $18.20 each $27.30 each (9) Class II Waste $15.60 per $24.05 per cubic yard cubic yard Plus $65.00 Plus $65.00 per hour per hour processing time processing time (10) Appliances, Furniture and $5.20 per item $7.80 per item other Bulky Items

OCTOBER 1, 2013 RATES City Residents Non-Residents (1) Flat Rate for Municipal $29.40 per ton $31.40 per ton Solid Waste (minimum) (minimum) (2) Car, Pickup and/or Trailer Load, hauled by homeowner from residence, which contains brush, rubbish, garbage $13.32 per load $31.55 per load (3) Car, Pickup and/or Trailer Load, from business or institution or residence where it is hauled

by a person other than the homeowner for a fee ton $29.40 per ton $31.40 per ton (4) Car, Pickup and/or Trailer Load, from business or institution or residence where it is hauled by a person other than the homeowner for a fee $29.40 per ton $31.40 per ton (5) Animal Waste $4.18 per cubic yard $6.28 per cubic yard (6) Asbestos (non-friable) $27.90 per cubic yard $41.85 per cubic yard (7) Biomedical (“red bag”) Wastes $41.85 per cubic yard $62.77 per cubic yard (8) Tires: Car, Motorcycle $3.49 each $5.24 each Truck $6.97 each $10.46 each Off Road $19.53 each $29.29 each (9) Class II Waste $16.74 per $25.81 per cubic yard cubic yard Plus $65.00 Plus $65.00 per hour per hour processing time processing time (10) Appliances, Furniture and $5.78 per item $8.37 per item

other Bulky Items (11) Each vehicle entering the landfill with an unsecured load or loose load not covered by

a tarp will be charged an additional $5.00 per load. Said fee will be reimbursed to the City of San Angelo.

(12) For the period of April 1, 2003 through March 31, 2005, the disposal fee for hauled

liquid waste from septic tanks, grease traps, grit traps, sand traps, etc. shall be $0.18 per gallon for waste deposited by or for city residents and $0.21 per gallon for waste deposited by or for non-city residents. Beginning April 1, 2005, the disposal fee shall be $0.22 per gallon for hauled liquid waste deposited by or for city residents and $0.25 per gallon for hauled liquid waste deposited by or for non-city residents.”

“(f) Any solid waste collected by, or under contract with, a governmental entity outside

the city limits but within Tom Green County, shall be authorized to dump at the city landfill only under special contract arrangements with the City of San Angelo at the rate of $29.40 per ton effective October 1, 2012 and $31.40 per ton effective October 1, 2013, plus the state landfill surcharge fees specified above.”

“(g) Any solid waste collected by, or under contract with, the following counties or a

governmental entity within the following counties: Sterling, Coke, Runnels,

Concho, Menard, Schleicher, Sutton, Irion and Crockett, shall be authorized to dump at the city landfill only with prior approval of the city council at the rate of $32.35 per ton effective October 1, 2012, and $34.35 per ton effective October 1, 2013, plus the state landfill surcharge fees specified above.”

Section 4) THAT the terms and provisions of this Ordinance shall be deemed to be severable in

that, if any provision of this Ordinance shall be declared to be invalid, the same shall not affect the validity of the other provisions of this Ordinance.

Section 5) THAT this Ordinance shall be effective from and after October 1, 2012. INTRODUCED on the day of , 2012, and finally PASSED, APPROVED and ADOPTED on this the day of , 2012. CITY OF SAN ANGELO

_____________________________________ Alvin New, Mayor ATTEST: _________________________________ Alicia Ramirez, City Clerk

APPROVED AS TO CONTENT: APPROVED AS TO FORM: Ricky Dickson, Operations Department Lysia Bowling, City Attorney Director

l Page 1

City of San Angelo Finance Department



From: Laura Brooks, Budget Analyst, Sr.

Subject: Agenda Item for August 21, 2012 Council Meeting

Contact: Morgan Trainer, Budget Manager, 653-6291


FIRST PUBLIC HEARING AND INTRODUCTION OF AN ORDINANCE OF THE CITY OF SAN ANGELO APPROVING AND ADOPTING THE BUDGET FOR THE FISCAL YEAR BEGINNING OCTOBER 1, 2012, AND ENDING SEPTEMBER 30, 2013; ADOPTING EMPLOYEE COMPENSATION SCHEDULES; PROVIDING FOR THE GENERAL APPROPRIATION OF FUNDS; RESERVING UNTO THE CITY COUNCIL THE AUTHORITY TO TRANSFER APPROPRIATIONS BUDGETED; RATIFYING TRANSFERS OF APPROPRIATIONS OCCURRING IN THE 2011-2012 FISCAL YEAR AND AMENDING THAT BUDGET ORDINANCE ACCORDINGLY; RESERVING UNTO THE CITY COUNCIL THE POWER, ONLY AS PERMITTED BY LAW, TO AMEND OR MAKE CHANGES IN THE BUDGET FOR MUNICIPAL PURPOSES; PROVIDING AUTHORITY FOR THE CITY MANAGER OR HIS DESIGNEE TO MAKE CERTAIN ADJUSTMENTS FROM TIME TO TIME IN OR BETWEEN BUDGETED ALLOCATIONS; AND, PROVIDING FOR FILING OF THE BUDGET

Summary: This is the first public hearing and introduction of the budget ordinance for the fiscal year beginning October 1, 2012 and ending September 30, 2013.The ordinance appropriates funds for the 2012-2013 Fiscal Year (Exhibit A), and approves the Pay Schedule for all City employees (Exhibit B). It also determines and approves budget amendment authorizations for the City Council and the City Manager. Lastly, the ordinance authorizes the City Manager to apply for the grants listed in Exhibit C and execute any documents related to the grants, including agreements accepting those listed grants. History: Staff has discussed with Council during June, July, and August 2011 the budget, budget process, and proposed property tax rate of $0.7810/$100 valuation. City Council voted on $0.7860/$100 valuation, but gave direction to lower to $0.7810/$100 valuation if possible. The proposed budget is based on the $0.7810/$100 valuation.

l Page 2

Financial Impact: See the attached budget ordinance and related exhibits. Related Vision Item (if applicable): Financial Vision. Other Information/Recommendation: Staff recommends approval of the budget ordinance as presented. Attachments: Budget Ordinance and Exhibits A – C; Financial Summary for the 2012-2013

Budget Presentation: Yes Publication: August 3, 2012 – Notice of Effective Tax Rate August 15, 2012 – Notice of Public Hearing on the City Budget informing the

citizens of the public hearings on August 24 and September 4, 2012. Reviewed by Service Area Director: Michael Dane, Finance

AN ORDINANCE OF THE CITY OF SAN ANGELO APPROVING AND ADOPTING THE BUDGET FOR THE FISCAL YEAR BEGINNING OCTOBER 1, 2012, AND ENDING SEPTEMBER 30 2013; ADOPTING EMPLOYEE COMPENSATION SCHEDULES; PROVIDING FOR THE GENERAL APPROPRIATION OF FUNDS; RESERVING UNTO THE CITY COUNCIL THE AUTHORITY TO TRANSFER APPROPRIATIONS BUDGETED; RATIFYING TRANSFERS OF APPROPRIATIONS OCCURRING IN THE 2011-2012 FISCAL YEAR AND AMENDING THAT BUDGET ORDINANCE ACCORDINGLY; RESERVING UNTO THE CITY COUNCIL THE POWER, ONLY AS PERMITTED BY LAW, TO AMEND OR MAKE CHANGES IN THE BUDGET FOR MUNICIPAL PURPOSES; PROVIDING AUTHORITY FOR THE CITY MANAGER OR HIS DESIGNEE TO MAKE CERTAIN ADJUSTMENTS FROM TIME TO TIME IN OR BETWEEN BUDGETED ALLOCATIONS; AND, PROVIDING FOR FILING OF THE BUDGET.

WHEREAS, a budget for the fiscal year beginning October 1, 2012, and ending September 30, 2013, has been proposed and submitted by the City Manager to the City Council as required by law; and, WHEREAS, the proposed budget has been filed with the City Clerk and has been posted on the website for the City of San Angelo, for inspection by any person for more than fifteen (15) days immediately prior to the public hearing upon said budget and more than thirty (30) days prior to a tax levy for the fiscal year; and, WHEREAS, proper notice of public hearing upon this budget has been posted and published in accordance with applicable law; and, WHEREAS, the City Council has conducted the necessary public hearings as required by law; and, WHEREAS, after a full and final consideration of the financial condition and estimated revenues and proposed expenditures as set forth in the budget as filed and amended, it is the consensus of opinion of the Council that the budget as filed and amended should be approved. NOW THEREFORE, BE IT ORDAINED BY THE CITY OF SAN ANGELO, TEXAS, THAT:

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

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

City Council, for the fiscal year October 1, 2012, through September 30, 2013, (hereinafter the “Budget”) is hereby approved and adopted. A copy of the Budget, as amended, approved, and adopted, is attached hereto as Exhibit “A” and made a part hereof for all purposes.

SECTION 3 The Competitive Pay Plan Grade and Step Tables for Fire and Police Civil Service employees and the Salary Ranges for all other City employees set forth in the Budget are attached hereto as Exhibit “B” and made a part hereof for all purposes. Employee compensation schedules that are in accordance with the Competitive Pay Plan and Grade Step Tables for Fire and Police Civil Service employees and the Salary Ranges for all other City employees as set forth are hereby authorized.

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

of available cash funds and out of the general and special revenues of the City that will be received in the treasury during the course of the 2012-2013 fiscal year, the amounts set forth in the Budget for the purposes therein stated.

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

from one account or activity to another within the objects covered by the Budget. All transfers of appropriations budgeted from one account or activity to another within the objects of the budget for the fiscal year 2011-2012, are hereby ratified and the Budget Ordinance for fiscal year 2011-2012, heretofore enacted by the City Council, be, and the same is hereby, amended to the extent of such transfers for all purposes.

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

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

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

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

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

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

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

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

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

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

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

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

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

INTRODUCED on the day of , 2012, and finally PASSED,

APPROVED and ADOPTED on this the day of , 2012.

CITY OF SAN ANGELO, TEXAS ATTEST: BY:

Alvin New, Mayor By: Alicia Ramirez, City Clerk Approved as to Content: Approved as to Form: Michael T. Dane, Finance Director Lysia H. Bowling, City Attorney

Exhibit A (1 of 2)

Exhibit A (2 of 2)

Exhibit B (1 of 2)

Exhibit B (2 of 2)

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

Exhibit C

City of San AngeloConsolidated Statement of Funds

Schedule of Revenues and ExpendituresFiscal Year Beginning October 1, 2012

Fund Beginning Operating Transfers Amount Operating Transfers Total Rev Over/ EndingNo. Fund Name Balance Revenues In Available Expenditures Out Expenditures (Under) Exp Balance

101 General $6,511,785 $58,275,207 $820,000 $65,606,992 $55,162,900 $3,932,307 $59,095,207 $0 $6,511,785105 General Debt Service 192,748 5,793,742 0 5,986,490 5,569,571 0 5,569,571 224,171 416,919501 Equipment Replacement 31,162 57,000 1,201,373 1,289,535 1,258,373 0 1,258,373 0 31,162502 Capital Projects (78,529) 3,410 1,753,119 1,678,000 1,756,529 0 1,756,529 0 (78,529)103 Intergovernmental 314,899 2,085,932 218,055 2,618,886 2,303,987 0 2,303,987 0 314,899106 TIRZ 763,441 465,229 0 1,228,670 465,229 0 465,229 0 763,441453 Community Development Block Grant 0 737,741 0 737,741 737,741 0 737,741 0 0483 HOME Grant 0 348,561 0 348,561 348,561 0 348,561 0 0601 Designated Revenue (50,689) 5,600 0 (45,089) 5,600 0 5,600 0 (50,689)640 Lake Nasworthy Trust 11,596,776 852,000 0 12,448,776 50,000 84,000 134,000 718,000 12,314,776202 Golf Course (357,085) 0 95,000 (262,085) 95,000 0 95,000 0 (357,085)203 Texas Bank Sports Complex 91,220 135,000 450,000 676,220 585,000 0 585,000 0 91,220410 Civic Events 225,385 2,041,880 0 2,267,265 2,041,880 0 2,041,880 0 225,385420 Fort Concho 61,009 558,400 300,000 919,409 858,400 0 858,400 0 61,009440 Fairmount Cemetery (209,656) 312,750 16,732 119,826 329,482 0 329,482 0 (209,656)201 State Office Building 633,168 1,193,752 0 1,826,920 1,193,752 0 1,193,752 0 633,168220 Airport Operating 444,803 1,527,173 0 1,971,976 1,481,207 45,966 1,527,173 0 444,803529 Airport PFC 369,439 230,000 0 599,439 0 230,000 230,000 0 369,439531 Airport Capital Projects 55,340 0 0 55,340 0 0 0 0 55,340230 Solid Waste Enterprise 2,111,491 994,675 0 3,106,166 674,675 320,000 994,675 0 2,111,491240 Stormwater 503,153 2,586,500 95,000 3,184,653 2,681,500 0 2,681,500 0 503,153260 Water Operating 2,654,784 23,331,546 282,890 26,269,220 17,472,731 6,141,705 23,614,436 0 2,654,784261 Water Debt Service 669,632 2,400 6,889,895 7,561,927 6,892,295 0 6,892,295 0 669,632510 Water Capital Projects 0 0 0 0 0 0 0 0 0512 Water / Supply Capital Projects 180,024 5,921,000 0 6,101,024 5,168,000 753,000 5,921,000 0 180,024270 Wastewater Operating 3,732,479 10,224,437 0 13,956,916 6,154,547 4,069,890 10,224,437 0 3,732,479271 Wastewater Debt Service 738,560 5,000 4,396,720 5,140,280 4,401,720 0 4,401,720 0 738,560520 Wastewater Capital Projects 1,008,537 1,725,000 0 2,733,537 1,393,696 331,304 1,725,000 0 1,008,537

Operating Totals $32,193,876 $119,413,935 $16,518,784 $168,126,595 $119,082,376 $15,908,172 $134,990,548 $942,171 $33,136,047

301 Vehicle Maintenance $328,029 $6,407,032 $0 $6,735,061 $6,407,032 $0 $6,407,032 $0 $328,029305 Communications 256,435 837,839 0 1,094,274 837,839 0 837,839 0 256,435310 City Health 917,948 6,900,406 0 7,818,354 6,900,406 0 6,900,406 0 917,948320 Property/Casualty 1,889,531 652,958 0 2,542,489 652,958 0 652,958 0 1,889,531330 Workers' Compensation 1,695,197 1,055,897 0 2,751,094 700,902 0 700,902 354,995 2,050,192

Total Internal Service Funds $5,087,140 $15,854,132 $0 $20,941,272 $15,499,137 $0 $15,499,137 $354,995 $5,442,135

Other GrandFunds Total

Funding Sources

Property Taxes 26,196,231 465,229 2,944,555 29,606,015Other Taxes 21,334,472 1,575,000 22,909,472Licenses and Permits 715,172 715,172Grants 2,857,816 100,000 2,957,816Charges for Services 6,339,325 314,418 1,391,880 747,000 47,296,333 15,762,066 71,851,022Fines & Forfeitures 2,843,780 2,843,780Interest & Miscellaneous 605,148 5,600 7,150 105,000 8,400 337,750 92,066 1,161,114Other Financing Sources 4,075,981 218,055 935,732 14,134,802 377,890 19,742,460

Total Revenues & Other 62,110,109 3,861,118 3,909,762 852,000 17,087,757 48,111,973 15,854,132 151,786,851 Financing Sources

Beginning Fund Balances 8,218,824 1,027,651 167,958 11,596,776 192,748 10,989,919 5,087,140 37,281,016

Total Available Resources 70,328,933 4,888,769 4,077,720 12,448,776 17,280,505 59,101,892 20,941,272 189,067,867

Expenditures

General Government 4,712,319 148,524 1,757,173 6,618,016Human Resources & Risk Mgt. 482,033 8,254,266 8,736,299Administrative Svcs. 2,215,893 837,839 3,053,732Community & Eco. Develop. 2,784,302 745,229 3,529,531Neighborhood & Family Svcs. 366,608 2,098,116 2,464,724Police & Fire 29,788,754 5,600 29,794,354Operations 8,510,661 6,407,032 14,917,693Parks & Rec 3,617,868 391,110 3,814,762 693,127 8,516,867Health 904,808 472,539 1,377,347Water & Wastewater 134,000 41,484,873 41,618,873Stormwater 2,681,500 2,681,500Debt Service 16,858,586 500,625 17,359,211Other 9,816,538 5,000 9,821,538

Total Expenditures 63,199,784 3,861,118 3,814,762 134,000 16,863,586 47,117,298 15,499,137 150,489,685

Ending Fund Balances 7,129,149 1,027,651 262,958 12,314,776 416,919 11,984,594 5,442,135 38,578,182

Total Fund Commitments & Fund Balances 70,328,933 4,888,769 4,077,720 12,448,776 17,280,505 59,101,892 20,941,272 189,067,867

CITY OF SAN ANGELOBUDGET SUMMARY BY FUND TYPE

FY 2012-2013

General Fund*

Special Revenue

Debt Service

Enterprise Fund

Internal Service

Expendable Trust

Franchise Tax

Fines & Forfeitures

Transfers In

Licenses & Permits

Interest & Misc.

Admin. Charges

City of San AngeloGeneral Fund RevenuesFiscal Year 2012‐2013

Graph Description:The property tax is the largest revenue source for the City of San Angelo. Property, sales and franchise taxesaccount for 81% of the General Fund's revenue. All other revenue sources combined total approximately 19% of General Fund Revenue.

0 5,000,000 10,000,000 15,000,000 20,000,000 25,000,000 30,000,000

Property Tax

Sales Tax

Charges for Service

General Government8% Human Resources & Risk Mgt.

1%

Administrative Services4%

Health Services 2%

Neighborhood & Family Svcs.0%

Parks & Recreation6%

Operations10%

Parks & Rec.6%

Other14%

City of San AngeloGeneral Fund

Expenditures by DepartmentFiscal Year 2012‐2013

Graph Description:The graph above shows the City's commitment to provide a safe environment for its citizens by devoting 52% of authorized expenditures for the use of public safety.

Police28%

Fire23%

Operations & Maintenance

20%

Transfers Out7%

CITY OF SAN ANGELOGeneral Fund Expenditures by Category

Fiscal Year 2012‐2013

Graph Description:The single largest General Fund expense for the City of San Angelo is personnel. This category consists of salaryand benefits for employees. Operations & maintenance and transfers account for just over one quarter of GeneralFund expenses.

Personnel 73%

Increase

FY12 FY13 (Decrease)

FY11 Current Proposed from FY12

Category Descriptions Actual Budget Budget Current

101 REVENUES:

Taxes Property Tax 25,514,071 25,195,798 26,196,231 $1,000,433

Sales Tax 13,756,148 13,732,690 15,128,366 1,395,676

Franchise Tax 5,121,862 6,182,284 6,206,106 23,822

Total Taxes 44,392,081 45,110,772 47,530,703 2,419,931

Licenses and Licenses 46,036 35,330 47,382 12,052

Permits Permits 549,488 608,254 667,790 59,536

Total Permits

and Fees 595,524 643,584 715,172 71,588

Charges for Ambulance 2,444,497 2,260,000 2,430,000 170,000

Services Recreation 510,171 670,735 725,998 55,263

River Stage 0 0 0 0

Animal Services 129,676 142,074 116,282 (25,792)

Public Safety 538,273 509,295 592,290 82,995

Other 5,984,078 2,140,542 2,474,755 334,213

Total Charges for Service 9,606,695 5,722,646 6,339,325 616,679

Fines and Municipal Court 3,282,413 3,289,925 2,843,780 (446,145)

Forfeitures

Interest and Interest 53,090 40,000 40,265 265

Miscellaneous Miscellaneous 247,654 539,921 507,883 (32,038)

Total Interest and

Miscellaneous 300,744 579,921 548,148 (31,773)

Transfers In 972,170 953,213 820,000 (133,213)

Administrative Charges 209,006 238,036 298,079 60,043

Total General Fund Revenues 59,358,633 56,538,097 59,095,207 2,690,323

City of San Angelo

General Fund

Schedule of Revenues and Expenditures

Increase




101 EXPENDITURES:

General City Council 90,787 127,743 121,543 ($6,200)

Government City Manager 633,512 627,188 636,304 9,116

Legal 558,539 596,545 684,464 87,919

City Clerk 199,018 341,479 223,615 (117,864)

Public Information 134,141 149,540 162,693 13,153

Municipal Court 2,079,685 2,858,840 2,205,988 (652,852)

Construction Management 104,912 183,094 90,100 (92,994)

Facilities Maintenance 553,659 608,760 587,612 (21,148)

Total General

Government 4,354,253 5,493,189 4,712,319 (780,870)

Human Resources Human Resources 342,375 364,785 365,753 968

& Risk Mgt. Youth Employment 1,807 0 0 0

Crossing Guards 121,071 114,195 116,280 0

Total Human Resources

& Risk Mgt. 465,253 478,980 482,033 968

Administrative Finance 401,423 468,348 501,501 33,153

Services Accounting 437,710 478,414 487,122 8,708

Billing & Receipts 537,605 566,031 566,449 418

Information Technology 525,193 559,471 516,862 (42,609)

Purchasing 159,875 259,399 143,959 (115,440)

Property Management 13,144 21,741 0 (21,741)

Total Administrative

Services 2,074,950 2,353,404 2,215,893 (137,511)

Community & Development Corporation 160,145 139,362 258,257 118,895

Economic Develop. Administration 157,555 130,993 105,606 (25,387)

Engineering 510,928 509,678 515,588 5,910

Planning 321,957 265,302 259,401 (5,901)

GIS 181,406 237,163 261,546 24,383

Permits & Inspections 686,977 731,045 732,563 1,518

Fire Marshal 645,779 657,040 651,341 (5,699)

Total Community &

Economic Develop. 2,664,747 2,670,583 2,784,302 113,719

Neighborhood & Code Compliance 340,663 400,094 366,608 (33,486)

Family Services

Total Neighborhood & Family Svcs 340,663 400,094 366,608 (33,486)

City of San Angelo

General Fund


Increase




Health Services Health Administration 48,823 110,506 87,989 (22,517)

Animal Services 711,624 758,288 761,396 3,108

Social Service Contribution 55,423 55,423 55,423 0

Total Health Services 815,870 924,217 904,808 (19,409)

Police Police 14,919,317 14,953,895 14,878,265 (75,630)

DARE Program 0 0 0 0

Traffic Safety 249,503 209,184 209,184 0

DWI Step 36,934 39,222 39,222 0

Public Safety Communications 1,078,427 1,156,622 1,241,018 84,396

Total Police 16,284,181 16,358,923 16,367,689 8,766

Fire Fire/Ambulance 13,170,463 13,144,360 13,421,065 276,705

Total Fire 13,170,463 13,144,360 13,421,065 276,705

Operations Operations Admin 311,660 329,933 330,865 932Signal System 770,522 806,584 771,717 (34,867)Street and Bridge 2,230,500 2,370,678 3,538,046 1,167,368Street Lighting 1,073,992 1,118,829 1,118,829 68,912

Total Operations 4,386,674 4,626,024 5,759,457 1,133,433

Parks & Rec Parks 2,245,235 2,473,738 2,467,679 (6,059)Water Lily Garden 86,100 86,100 90,276 4,176Recreation 888,675 1,014,878 964,913 (49,965)

Total Parks & Rec 3,220,010 3,574,716 3,522,868 (51,848)

Other Non-Departmental 3,220,111 3,362,284 4,625,858 1,263,574

Transfers Out 2,970,077 4,094,021 3,932,307 (161,714)

Total Other 6,190,188 7,456,305 8,558,165 1,101,860

Total General Fund Expenditures $53,967,252 $57,480,795 $59,095,207 $1,614,412

Increase/(Decrease) in Fund Balance 5,391,381 (942,698) 0 $942,698

Beginning Fund Balance 2,063,102 7,454,483 6,511,785 (942,698)

Ending Fund Balance $7,454,483 $6,511,785 $6,511,785 $0

City of San Angelo

General Fund


IncreaseFY12 FY13 (Decrease)

FY11 Current Proposed from FY12Description Actual Budget Budget Current105 REVENUES:

Current Taxes 2,691,270 2,744,330 2,892,555 148,225Delinquent Taxes 51,076 42,116 52,000 9,884Other 2,164,001 2,851,569 2,848,187 (3,382)Interest 97,971 7,884 1,000 (6,884)

Total Revenues $5,004,318 $5,645,899 $5,793,742 $147,843

105 EXPENSES:

Principal on Debt 2,958,221 3,291,103 3,390,428 99,325Interest on Debt 1,945,096 2,349,796 2,174,143 (175,653)Issue Costs 8,633 5,000 5,000 0

Total Expenditures $4,911,950 $5,645,899 $5,569,571 ($76,328)

Excess/(Deficiency) of Revenues over Expenses 92,368 0 224,171 224,171

Beginning Fund Balance 100,380 192,748 192,748 0

Ending Fund Balance $192,748 $192,748 $416,919 $224,171

City of San AngeloGeneral Debt Service Fund

Schedule of Revenues and Expense


FY11 Current Proposed from FY12Descriptions Actual Budget Budget Current

501 REVENUES:

Transfers In 1,218,857 1,201,373 1,201,373 0Sale of Fixed Assets 53,796 50,000 55,000 5,000Other 23,614 2,000 2,000 0

Total Revenue $1,296,267 $1,253,373 $1,258,373 $5,000

501 EXPENDITURES:

Vehciles & Equipment 1,249,971 1,301,404 1,258,373 (43,031)

Total Expenditures $1,249,971 $1,301,404 $1,258,373 ($43,031)

Excess of Revenues over (under) Expenditures 46,296 (48,031) 0 48,031

Beginning Fund Balance 32,897 79,193 31,162 (48,031)

Ending Fund Balance $79,193 $31,162 $31,162 $0

City of San AngeloGeneral Fund Equipment Replacement




502 REVENUES:

Transfers In 620,954 1,753,119 1,753,119 0Other Revenue 2,827 2,072 3,410 1,338City Hall Reimbursed Expenses 431,427 471,729 0 (471,729)

Total Revenue $1,055,208 $2,226,920 $1,756,529 ($470,391)

502 EXPENDITURES

City Hall Plaza Rehabilitation 335,162 873,550 0 (873,550)Street Improvements 24,420 1,000,191 1,756,529 756,338Stormwater Improvements 0 755,000 0Aquatics Facility 246,013 253,987 0 (253,987)Police Facility 122,024 29,576 0 (29,576)Fire Machinery 248,150 0 0 0

Total Expenditures $975,769 $2,912,304 $1,756,529 ($1,155,775)


Beginning Fund Balance 527,416 606,855 (78,529) (685,384)

Ending Fund Balance $606,855 ($78,529) ($78,529) $0

City of San AngeloGeneral Fund Capital Projects



FY11 Current Proposed from FY12Actual Budget Budget Current

103 REVENUES: Health Department Revenue 158,191 166,000 142,940 (23,060)Health Department Grants 2,095,161 1,249,110 1,192,709 (56,401)Transportation Grant 174,611 547,584 280,000 (267,584)Nutrition Program Revenue 220,735 171,478 171,478 0Police Grants 60,835 49,509 0 (49,509)Parks Grants and Donations 229,337 927,068 175,000 (752,068)Planning Grants and Donations 7,500 39,327 0 (39,327)Emergency Management Grant 82,181 136,205 123,805 (12,400)Historical Commission 0 10,000 0 (10,000)Fire Prevention Grant 0 0 0 0Interest 22 5,000 0 (5,000)Transfers In 380,987 373,715 218,055 (155,660)

Total Revenue 3,409,560 3,674,996 2,303,987 (1,371,009)

103 EXPENDITURES:

Nursing 297,926 296,051 158,000 (138,051)Environmental Health Services 51,354 48,430 81,830 33,400RLSS/LPHS 146,665 119,443 122,543 3,100Bioterrorism 125,228 100,543 110,166 9,623WIC 923,916 970,772 913,110 (57,662)Social Services 344,288 172,903 98,704 (74,199)Transportation Planning Grant 125,209 560,068 280,000 (280,068)Nutrition 292,364 260,743 216,110 (44,633)Police Grants 59,314 49,754 0 (49,754)Parks 140,709 907,489 175,000 (732,489)Down-town Façade 7,500 43,039 0 (43,039)Emergency Management 233,916 151,872 148,524 (3,348)Historical Grant 9,377 0 0 0Fire Prevention 0 8,000 0 (8,000)Transfers Out 254,202 0 0 0

Total Expenditures 3,011,968 3,689,107 2,303,987 (1,161,331)

Excess /(Deficiency) of Revenue over Expenses 397,592 (14,111) 0 $14,111

Beginning Fund Balance (68,582) 329,010 314,899 (14,111)


City of San AngeloIntergovernmental Fund




104 REVENUES:

Interest 0 0 0 0

Total Revenue $0 $0 $0 $0

104 EXPENDITURES0

Capital Outlay 0 0 0 0

Total Expenditures $0 $0 $0 $0

Excess of Revenues over (under) Expenditures 0 0 0 0

Beginning Fund Balance 0 0 0 0

Ending Fund Balance $0 $0 $0 $0

City of San AngeloNarcotics Awarded Forfeitures



FY11 Current Proposed from FY12Description Actual Budget Budget Current106 REVENUES:

Downtown Property Tax 112,894 134,085 134,085 0North Property Tax 376,394 331,144 331,144Interest 3,189 0 0 0

Total Revenues $492,477 $465,229 $465,229 $0

106 EXPENSES:

Downtown Projects 39,368 134,085 134,085 0North Projects 641,015 331,144 331,144 0

Total Expenditures $680,383 $465,229 $465,229 $0

Excess/(Deficiency) of Revenues over Expenses (187,906) 0 0 0



City of San AngeloTIRZ FUND



Current Proposed from FY12Description Budget Budget Current

453 REVENUES:

Grant Income 808,977 697,741 (111,236)Rehab Loans 41,850 40,000 (1,850)Transfers In 263,000 0 (263,000)

Total Revenues $1,113,827 $737,741 ($376,086)

453 EXPENDITURES:

Administration 335,462 299,131 (36,331)Debt Service 150,000 151,173 1,173Public Service Projects 574,365 246,437 (327,928)Rehab Grants and Loans 54,000 41,000 (13,000)

Total Expenditures $1,113,827 $737,741 ($376,086)

Excess of Revenues over/ (under) Expenditures 0 0 0

Beginning Fund Balance 0 0 0

Ending Fund Balance $0 $0 $0

City of San AngeloCommunity Development Block Grant



Current Proposed from FY12Description Budget Budget Current

483 REVENUES:

Grant Income 402,019 268,521 (133,498)Rent 34,000 48,040 14,040Loan Payments 22,000 22,000 0Miscellaneous 10,000 10,000 0

Total Revenues $468,019 $348,561 ($119,458)

483 EXPENDITURES:

Administration 76,401 74,646 (1,755)Galilee CDC 75,000 92,000 17,000MHMR Contribution 58,000 55,000 (3,000)Tenant-Based Rental Assistance 0 0 0Homebuyers Assistance 163,000 114,451 (48,549)Neighborhood Revitalization 85,618 0 (85,618)Low Income Housing Tax Credits 0 0 0Duplex Maintenance 10,000 12,464 2,464

Total Expenditures $468,019 $348,561 ($119,458)

Excess of Revenues over/ (under) Expenditures 0 0 0

Beginning Balance 0 0 0

Ending Balance $0 $0 $0

City of San AngeloHOME Program




601 REVENUES:

Police Donations 7,969 5,600 5,600 0Parks Donations 249,234 52,000 0 (52,000)Recreation Donations 763 5,454 0 (5,454)Other Donations 9,806 0 0 0Interest 832 0 0 0

Total Revenue $268,604 $63,054 $5,600 ($57,454)

601 EXPENDITURES

Police Projects 11,074 61,030 5,600 (55,430)Parks Projects 137,735 248,322 0 (248,322)Recreation Projects 5,323 16,570 0 (16,570)Other 12,725 62,690 0 (62,690)

Total Expenditures $166,857 $388,612 $5,600 ($383,012)


Beginning Fund Balance 173,122 274,869 (50,689) (325,558)

Ending Fund Balance $274,869 ($50,689) ($50,689) $0

City of San AngeloDesignated Revenue Fund



FY11 Current Proposed from FY12Description Actual Budget Budget Current

640 REVENUES:

Lot Sales 808,448 520,000 728,000 208,000Lake Lease Income 29,702 19,000 19,000 0Interest 62,407 98,000 105,000 7,000

Total Revenues $900,557 $637,000 $852,000 $215,000

640 EXPENDITURES:

Professional Services 10,657 50,000 50,000 0Transfers Out 56,167 78,400 84,000 5,600

Total Expenditures $66,824 $128,400 $134,000 $5,600

Excess of Revenues over/ (under) Expenditures 833,733 508,600 718,000 209,400

Beginning Fund Balance 10,254,443 11,088,176 11,596,776 508,600

Ending Fund Balance $11,088,176 $11,596,776 $12,314,776 $718,000

City of San AngeloLake Nasworthy Trust




202 REVENUES:

Golf Fees 0 0 0 0General Fund Transfer 75,000 75,000 95,000 20,000

Total Revenues $75,000 $75,000 $95,000 $20,000

202 EXPENDITURES:

Personnel 0 0 0 0Operating Expense 56,252 93,750 95,000 1,250


Excess of Revenues over/ (under) Expenditures 18,748 (18,750) 0 18,750

Beginning Fund Balance (357,083) (338,335) (357,085) (18,750)

Ending Fund Balance ($338,335) ($357,085) ($357,085) $0

City of San AngeloGolf Course Fund




203 REVENUES:

Program Fees 124,096 103,000 111,000 8,000Transfers In 470,000 427,651 450,000 22,349Other Revenue 32,498 10,000 24,000 14,000

Total Revenues $626,594 $540,651 $585,000 $44,349

203 EXPENSES:

Facilities Maintenance 538,585 445,371 489,720 44,349Sports Programs 86,481 95,280 95,280 0

Total Expenses $625,066 $540,651 $585,000 $44,349

Excess/(Deficiency) of

Revenues over Expenses 1,528 0 0 0



City of San AngeloTexas Bank Sports Complex Fund

Schedule of Revenues and Expenses



410 REVENUES:

Hotel/Motel Tax 1,619,509 1,390,000 1,575,000 185,000Coliseum Revenue 196,521 221,000 230,000 9,000Auditorium Revenue 0 0 0 0Convention Center Revenue 342,704 156,000 162,240 6,240River Stage Revenue 12,868 13,000 13,000 0Pavilion Revenue 7,693 6,000 6,240 240Pecan Creek Revenue 5,860 10,400 10,400 0Other 42,273 45,000 45,000 0

Total Revenues $2,227,428 $1,841,400 $2,041,880 $200,480

410 EXPENDITURES:

Coliseum 184,100 214,650 210,667 (3,983)Auditorium 0 0 0 0Convention Center 126,969 123,815 144,331 20,516River Stage 6,550 7,000 18,200 11,200Pavilion 1,482 1,000 1,750 750Administration 1,536,113 1,494,935 1,666,932 171,997Capital 0 0 0 0

Total Expenditures $1,855,214 $1,841,400 $2,041,880 $200,480

Excess of Revenues over/ (under) Expenditures 372,214 0 0 0

Beginning Fund Balance (146,829) 225,385 225,385 0


City of San AngeloCivic Events Fund




420 REVENUES:

Sales & Donations 495,279 527,600 555,250 27,650Transfers In 292,547 301,431 300,000 (1,431)Other 9,606 2,150 3,150 1,000

Total Revenues $797,432 $831,181 $858,400 $27,219

420 EXPENDITURES:

Personnel 536,369 576,602 578,833 2,231Supplies and Maintenance 232,813 253,329 263,290 9,961Capital Outlay 0 1,900 16,277 14,377


Excess of Revenues over/ (under) Expenditures 28,250 (650) 0 650

Beginning Fund Balance 33,409 61,659 61,009 (650)


City of San AngeloFort Concho




440 REVENUES:

Charges for Service 247,967 260,450 258,750 (1,700)Trust Income 40,243 50,000 50,000 0Transfers In 16,732 16,732 16,732 0Other Revenue 6,117 7,000 4,000 (3,000)

Total Revenues $311,059 $334,182 $329,482 ($4,700)

440 EXPENDITURES:

Personnel 228,518 221,392 226,619 5,227Operating Expense 95,477 106,440 102,863 (3,577)Capital 0 0 0


Excess of Revenues over/ (under) Expenditures (12,936) 6,350 0 (6,350)

Beginning Fund Balance (203,070) (216,006) (209,656) 6,350

Ending Fund Balance ($216,006) ($209,656) ($209,656) $0

City of San AngeloFairmount Cemetery




201 REVENUES:

Rental Income 1,157,170 1,182,800 1,190,752 7,952Other Revenue 1,797 7,000 3,000 (4,000)

Total Revenues $1,158,967 $1,189,800 $1,193,752 $3,952

201 EXPENDITURES:

Personnel 104,458 105,208 107,588 2,380Operating 946,377 477,718 585,539 107,821Debt Principal 236,779 345,822 409,617 63,795Debt Interest 133,221 78,590 90,008 11,418Issue costs 589 1,000 1,000 0

Total Expenditures $1,421,424 $1,008,338 $1,193,752 $185,414

Excess of Revenues over/ (under) Expenditures (262,457) 181,462 0 (181,462)

Beginning Fund Balance 714,163 451,706 633,168 181,462


City of San AngeloState Office Building




220 REVENUES:

Leases/Rentals 1,118,389 1,073,076 1,150,350 77,274Concessions 238,986 242,950 252,300 9,350Landing Fees 38,692 31,977 34,773 2,796Advertising 19,610 25,000 25,000 0Interest 1,598 3,000 3,000 0State Grant 0 0 50,000 50,000Federal Grant 500,000Other Income 3,748 4,500 11,750 7,250

Total Revenues $1,421,023 $1,880,503 $1,527,173 ($353,330)

220 EXPENSES:

Personnel 645,938 677,314 690,060 12,746Operations 674,436 1,153,734 703,947 (449,787)Capital Outlay 13,892 82,716 87,200 4,484Transfers Out 45,966 15,280 45,966 30,686

Total Expenses $1,380,232 $1,929,044 $1,527,173 ($401,871)

Excess/(Deficiency) of Revenues over Expenses 40,791 (48,541) 0 48,541



City of San AngeloAirport Operating Fund




529 REVENUES:

Passenger Facility Charges 225,319 201,450 230,000 28,550Interest 2,273 2,031 0 (2,031)

Total Revenues $227,592 $203,481 $230,000 $26,519

529 EXPENSES:

Transfer to Capital Fund 106,752 533,286 230,000 (303,286)

Total Expenses $106,752 $533,286 $230,000 ($303,286)




City of San AngeloAirport PFC Fund




531 REVENUES:

Transfers In 0 162,000 0 (162,000)Other 187 0 0 0

Total Revenues $187 $162,000 $0 ($162,000)

531 EXPENSES:

Capital Outlay 0 162,000 0 (162,000)

Total Expenses $0 $162,000 $0 ($162,000)

Excess/(Deficiency) of Revenues over Expenses 187 0 0 0



City of San AngeloAirport Capital Fund




230 REVENUES:

Landfill Fees 869,769 850,000 849,537 (463)Leases 92,421 91,675 92,138 463Other 52,633 50,000 50,000 0Transfers In 344,082 0 0 0Interest 2,734 3,000 3,000 0

Total Revenues $1,361,639 $994,675 $994,675 $0

230 EXPENDITURES:

Maintenance and Utilities 143,148 177,500 177,000 (500)Inspection Fee 179,625 180,000 180,000 0Professional Services 286,115 316,175 316,675 500Capital 660 1,000 1,000 0Misc 0 0 0 0Debt Service 345,882 0 0 0Transfers Out 65,798 320,000 320,000 0

Total Expenditures $1,021,228 $994,675 $994,675 $0


Beginning Fund Balance 1,771,080 2,111,491 2,111,491 0


City of San AngeloSolid Waste Enterprise Fund




240 REVENUES:

Stormwater Fee 2,546,701 2,570,000 2,586,500 16,500Transfers In 95,000 95,000 95,000 0Other 15,734 0 0 0

Total Revenues $2,657,435 $2,665,000 $2,681,500 $16,500

240 EXPENSES:

Personnel 772,620 994,523 1,055,454 60,931Operations 437,726 486,787 494,322 7,535Capital 839,031 1,208,690 1,131,724 (76,966)

Total Expenses $2,049,377 $2,690,000 $2,681,500 ($8,500)

Excess/(Deficiency) of

Revenues over Expenses 608,058 (25,000) 0 25,000

Beginning Fund Balance 0 528,153 503,153 (25,000)


City of San AngeloStormwater Fund




260 REVENUES:

Water Sales 14,283,167 20,376,000 20,376,000 0Lake Use Revenues 362,114 390,296 396,546 6,250Billing and Collection 1,718,930 1,820,000 1,850,000 30,000Paving Cuts 17,176 17,500 17,500 0Taps and Connections 403,046 451,000 395,000 (56,000)Other Operating Revenue 68,850 71,500 64,500 (7,000)Aid to Construction 0 3,000 2,000 (1,000)Misc 0 200,000 200,000 0Transfers In 186,057 208,290 282,890 74,600Interest 11,429 30,000 30,000 0

Total Revenues $17,050,769 $23,567,586 $23,614,436 $46,850

260 EXPENSES:

Administration 4,454,370 4,816,014 5,130,285 314,271Supply 4,088,892 6,389,432 4,500,097 (1,889,335)Treatment 2,438,025 2,546,830 2,368,955 (177,875)Distribution 3,520,642 4,037,251 3,904,986 (132,265)Capital 1,078,269 1,222,508 1,568,408 345,900Transfers Out 0 5,386,000 6,141,705 755,705

Total Expenses $15,580,198 $24,398,035 $23,614,436 ($783,599)

Excess/(Deficiency) of Revenues over Expenses 1,470,571 (830,449) 0 (830,449)



City of San AngeloWater Enterprise Fund


Water Sales86.3%

Lake Use Revenues1.7%

Billing and Collection7.8%

Taps and Connections1.7%

Other2.5%

CITY OF SAN ANGELOWater Enterprise Fund

FY 2012‐2013 Revenues by Source

CITY OF SAN ANGELO

Administration22%

Supply19%

Treatment14%

Distribution16%

Capital4%

Transfers Out26%

Water Enterprise FundFY 2012‐2013 Expenditures by Category



261 REVENUES:

Transfers In 1,489,000 6,889,895 6,889,895 0Other 1,799 2,400 2,400 0

Total Revenues $1,490,799 $6,892,295 $6,892,295 $0

261 EXPENDITURES:

Debt Service 1,389,328 6,892,295 6,892,295 0

Total Expenses $1,389,328 $6,892,295 $6,892,295 $0

Excess/(Deficiency) of Revenues over Expenses 101,471 0 0 0



City of San AngeloWater Debt Service Fund




510 REVENUES:

Interest 0 0 0 0

Total Revenues $0 0 0 0

510 EXPENDITURES:Planning and Other 0 0 0 0Capital Improvements 0 0 0 0System Maintenance 0 0 0 0Transfer Out 0 0 0 0

Total Expenses $0 0 0 0

Excess/(Deficiency) of Revenues over Expenses 0 0 0 0

Beginning Fund Balance 0 0 0 0

Ending Fund Balance $0 $0 $0 $0

City of San AngeloWater Capital Projects Fund




512 REVENUES:

Water Sales 6,214,837 5,851,000 5,851,000 0Grant Revenue 308,137 300,000 50,000 (250,000)Interest 17,076 35,000 20,000 (15,000)

Total Revenues $6,540,050 $6,186,000 $5,921,000 -$265,000

512 EXPENDITURES:

Capital Improvements 4,936,534 9,910,851 4,933,960 (4,976,891)Franchise Fee 248,146 234,040 234,040 0Transfers Out 1,489,000 1,503,895 753,000 (750,895)

Total Expenses $6,673,680 $11,648,786 $5,921,000 ($5,727,786)

Excess/(Deficiency) of Revenues over Expenses (133,630) (5,462,786) 0 5,462,786

Beginning Fund Balance 5,776,440 5,642,810 180,024 (5,462,786)

Ending Fund Balance $5,642,810 $180,024 $180,024 $0

City of San AngeloWater Supply Capital Projects




270 REVENUES:

Wastewater Charges 10,456,186 9,890,000 9,890,000 0Farm Use Revenues 230,978 193,600 207,437 13,837Connections 80,571 15,000 15,000 0Paving Cuts 15,695 23,000 20,000 (3,000)Non-Refundable Aid 350 2,000 50,000 48,000Miscellaneous 5,915 27,000 27,000 0Interest 8,576 15,000 15,000 0

Total Revenues $10,798,271 $10,165,600 $10,224,437 $58,837

270 EXPENSES:

Wastewater Treatment 2,466,441 2,850,827 2,667,148 (183,679)Wastewater Collection 1,111,705 1,326,328 1,328,817 2,489Administration 1,717,690 1,545,936 1,794,910 248,974Capital 184,052 460,000 363,672 (96,328)Transfers Out 4,072,490 4,069,890 4,069,890 0

Total Expenses $9,552,378 $10,252,981 $10,224,437 ($28,544)

Excess/(Deficiency) of Revenues over Expenses 1,245,893 (87,381) 0 87,381



City of San AngeloWastewater Enterprise Fund


Sewer Fees97%

Other3%

CITY OF SAN ANGELOWastewater Revenue by Source

FY 2012‐2013

Collection

CITY OF SAN ANGELOWastewater Expenses by Category

FY 2012‐2013Collection

13%

Treatment26%

Administration17%

Capital4%

Transfers Out40%



271 REVENUES:

Transfers In 4,399,320 4,396,720 4,396,720 0Interest 2,877 5,000 5,000 0

Total Revenues $4,402,197 $4,401,720 $4,401,720 $0

271 EXPENDITURES:

Debt Service 4,403,034 4,400,020 4,401,720 1,700

Total Expenses $4,233,907 $4,401,720 $4,401,720 $0

Excess/(Deficiency) of Revenues over Expenses 168,290 0 0 0



City of San AngeloWastewater Debt Service Fund




520 REVENUES:

Wastewater Charges 1,682,966 1,666,000 1,700,000 34,000Interest 23,848 40,000 25,000 (15,000)

Total Revenues $1,706,814 $1,706,000 $1,725,000 $19,000

520 EXPENDITURES:

Capital Projects 754,917 7,389,333 1,325,696 (6,063,637)Franchise Fee 67,319 66,640 68,000 1,360Transfers Out 456,720 456,720 331,304 (125,416)

Total Expenses $1,278,956 $7,912,693 $1,725,000 ($6,187,693)

Excess/(Deficiency) of Revenues over Expenses 427,858 (6,206,693) 0 6,206,693

Beginning Fund Balance 6,787,372 7,215,230 1,008,537 (6,206,693)


City of San AngeloWastewater Capital Projects Fund




301 REVENUES:

Gas and Oil 2,762,934 4,841,687 4,607,447 (234,240)Material 678,538 750,000 750,000 0Labor 922,639 876,816 897,180 20,364Rent 120,000 120,000 120,000 0Transfers In 0 0 0 0Other Revenue 23,516 16,405 32,405 16,000

Total Revenues $4,507,627 $6,604,908 $6,407,032 ($197,876)

301 EXPENSES:

Personnel 772,966 848,571 826,192 (22,379)Supplies and Maintenance 3,576,024 5,814,991 5,580,840 (234,151)Capital Outlay 0 1,000 0 (1,000)

Total Expenses $4,348,990 $6,664,562 $6,407,032 ($257,530)




City of San AngeloVehicle Maintenance Internal Service Fund




305 REVENUES:

Radio 195,787 162,584 161,594 (990.00)Voice Over IP 284,956 399,405 402,669 3,264Internet 59,640 60,022 55,401 (4,621)Cell Phones 177,881 203,310 218,175 14,865

Total Revenues $718,264 $825,321 $837,839 $12,518

305 EXPENSES:

Radio 197,156 221,462 161,735 (59,727)Voice Over IP 155,086 269,509 402,528 133,019Internet 53,276 60,022 55,401 (4,621)Cell Phones 167,785 166,020 218,175 52,155

Total Expenses $573,303 $717,013 $837,839 $120,826

Excess/(Deficiency) of Revenues over Expenses 144,961 108,308 0 (108,308)

Beginning Fund Balance 3,166 148,127 256,435 108,308


City of San AngeloCommunications Internal Service FundSchedule of Revenues and Expenses



310 REVENUES: Clinic Revenue 107,031 132,084 115,780 (16,304)Self Insurance Revenue 6,831,253 7,917,129 6,784,626 (1,132,503)Pharmacy Revenue 0 0 0 0Interest 2,788 0 0 0

Total Revenues $6,941,072 $8,049,213 $6,900,406 ($1,148,807)

310 EXPENSES:

Clinic Personnel 67,985 0 0 0Clinic Operation Expense 343,136 551,940 496,926 (55,014)Self Insurance Personnel 99,460 95,885 97,701 1,816Self Insurance Operation Exp. 5,906,942 7,399,096 6,305,779 (1,093,317)Pharmacy Personnel 0 0 0 0Pharmacy Operation Expense 0 0 0 0

Total Expenses $6,417,523 $8,046,921 $6,900,406 ($1,146,515)

Excess of Revenues over/ (under) Expenditures 523,549 2,292 0 (2,292)

Beginning Balance 392,107 915,656 917,948 2,292

Ending Balance $915,656 $917,948 $917,948 $0

City of San AngeloCity Health Internal Service Fund




320 REVENUES: Premium Contributions 468,448 468,988 468,648 (340)Special Event Insurance 26,524 35,000 35,000 0Insurance Proceeds 104,629 83,295 85,889 2,594Interest 6,735 9,768 63,421 53,653

Total Revenues $606,336 $597,051 $652,958 $55,907

320 EXPENSES:

Claims 258,360 356,301 222,303 (133,998)Insurance Premiums 58,143 91,000 91,240 240Claims Management 51,492 100,250 339,415 239,165Capital 109,081 49,500 0 (49,500)

Total Expenses $477,076 $597,051 $652,958 $55,907


Beginning Fund Balance 1,760,271 1,889,531 1,889,531 0


City of San AngeloProperty/Casualty Internal Service Fund




330 REVENUES: Premium Contributions 938,097 929,666 977,252 47,586Insurance Proceeds 1,169 50,000 50,000 0Interest 7,424 9,628 28,645 19,017Discounts 0 0 0 0

Total Revenues $946,690 $989,294 $1,055,897 $66,603

330 EXPENSES:

Personnel 258,938 297,205 296,696 (509)Supplies and Maintenance 53,792 79,355 64,091 (15,264)Claims 662,064 266,451 285,800 19,349Insurance Premiums 43,840 54,315 54,315 0Capital 0 314,911 0 (314,911)

Total Expenses $1,018,634 $1,012,237 $700,902 ($311,335)

Excess of Revenues over/ (under) Expenditures (71,944) (22,943) 354,995 377,938

Beginning Balance 1,790,084 1,718,140 1,695,197 (22,943)

Ending Balance $1,718,140 $1,695,197 $2,050,192 $354,995

City of San AngeloWorkers Compensation Internal Service Fund


2012 Property Tax Rates in CITY OF SAN ANGELO This notice concerns the 2012 property tax rates for CITY OF SAN ANGELO. It presents information about three tax rates. Last year's tax rate is the actual tax rate the taxing unit used to determine property taxes last year. This year's effective tax rate would impose the same total taxes as last year if you compare properties taxed in both years. This year's rollback tax rate is the highest tax rate the taxing unit can set before taxpayers start rollback procedures. In each case these rates are found by dividing the total amount of taxes by the tax base (the total value of taxable property) with adjustments as required by state law. The rates are given per $100 of property value. Last year's tax rate:

Last year's operating taxes $24,453,012

Last year's debt taxes $2,770,880

Last year's total taxes $27,223,892

Last year's tax base $3,463,599,491

Last year's total tax rate $0.78600/$100 This year's effective tax rate:

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

$26,913,399

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

$3,173,450,000

=This year's effective tax rate $0.84808/$100 (Maximum rate unless unit publishes notices and holds hearings.)

This year's rollback tax rate:

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

$24,150,075

÷ This year's adjusted tax base $3,173,450,000

=This year's effective operating rate $0.76100/$100

x 1.08=this year's maximum operating rate $0.82188/$100

+ This year's debt rate $0.08510/$100

= This year's total rollback rate $0.90698/$100 Statement of Increase/Decrease

If CITY OF SAN ANGELO adopts a 2012 tax rate equal to the effective tax rate of $0.84808 per $100 of value, taxes would increase compared to 2011 taxes by $63,632.

Schedule A - Unencumbered Fund Balance The following estimated balances will be left in the unit's property tax accounts at the end of the fiscal year. These balances are not encumbered by a corresponding debt obligation. Type of Property Tax Fund Balance Maintenance & Operating 5,319,24 9

192,748 Interest & Sinking Schedule B - 2012 Debt Service

The unit plans to pay the following amounts for long-term debts that are secured by property taxes. These amounts will be paid from property tax revenues (or additional sales tax revenues, if applicable).

Description of Debt Principal or Contract Payment to be Paid from Pro erty Taxes p1,100,000

Interest to be Paid from Proper Taxes ty 460,787

Other Amounts to be Paid

Total Payment

2005 Tax/Rev C.O. (19,750,000 Sales Tax

0 1,560,787

2006 Tax/Rev C.O, (2,500,000) Landfill

290,000 52,837 0 342,837

2007 Tax/Rev C.O, (6,970,000)

1,385,000 34,625 0 1,419,625

2008 Tax/Rev C.O. (10,15,000) Sales Tax

100,000 444,825 0 544,825

2009 Tax/Rev C.O, (14,600,000)

95,000 631,063 0 726,063

2009 Tax/Rev G.O. Refunding (4,605,000)

860,000 60,200 0 920,200

2011 Rev/Rev C.O. (13,780,000)

155,000 587,575 0 742,575

Total required for 2012 debt service $6,256,912

- Amount (if any) paid from Schedule A $0

- Amount (if any) paid from other resources $3,540,528

- Excess collections last year $32,890

= Total to be paid from taxes in 2012 $2,683,494

+ Amount added in anticipation that the unit will collect only 98.00% of its taxes in 2012

$54,765

= Total debt levy $2,738,259 This notice contains a summary of actual effective and rollback tax rates' calculations. You can inspect a copy of the full calculations at 2302 Pulliam St, San Angelo, TX 76905. Name of person preparing this notice: Jan Bruce Title: Appraiser, Tom Green County Appraisal District Date Prepared: 07/31/2012

CITY OF SAN ANGELO NOTICE OF PUBLIC HEARING Notice is hereby given that the City Council of the City of San Angelo, Texas, will hold two public hearings on the proposed City Budget for the fiscal year beginning October 1, 2012, and ending September 30, 2013. The hearings will take place during regularly scheduled City Council sessions which will begin at 9:00 a.m., Tuesday, August 21, 2012, and September 4, 2012, at the McNease Convention Center, South Meeting Room, 500 Rio Concho Drive. The complete proposed budget may be examined on weekdays between 8:00 a.m. and 5:00 p.m. in the office of the City Clerk on the second floor of City Hall, 72 W. College Avenue.

2012 Property Tax Rates in CITY OF SAN ANGELO This notice concerns the 2012 property tax rates for CITY OF SAN ANGELO. It presents information about three tax rates. Last year's tax rate is the actual tax rate the taxing unit used to determine property taxes last year. This year's effective tax rate would impose the same total taxes as last year if you compare properties taxed in both years. This year's rollback tax rate is the highest tax rate the taxing unit can set before taxpayers start rollback procedures. In each case these rates are found by dividing the total amount of taxes by the tax base (the total value of taxable property) with adjustments as required by state law. The rates are given per $100 of property value. Last year's tax rate:

Last year's operating taxes $24,453,012

Last year's debt taxes $2,770,880

Last year's total taxes $27,223,892

Last year's tax base $3,463,599,491

Last year's total tax rate $0.78600/$100 This year's effective tax rate:

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

$26,913,399

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

$3,173,450,000

=This year's effective tax rate $0.84808/$100 (Maximum rate unless unit publishes notices and holds hearings.)

This year's rollback tax rate:

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

$24,150,075

÷ This year's adjusted tax base $3,173,450,000

=This year's effective operating rate $0.76100/$100

x 1.08=this year's maximum operating rate $0.82188/$100

+ This year's debt rate $0.08510/$100

= This year's total rollback rate $0.90698/$100 Statement of Increase/Decrease

If CITY OF SAN ANGELO adopts a 2012 tax rate equal to the effective tax rate of $0.84808 per $100 of value, taxes would increase compared to 2011 taxes by $63,632.

Schedule A - Unencumbered Fund Balance The following estimated balances will be left in the unit's property tax accounts at the end of the fiscal year. These balances are not encumbered by a corresponding debt obligation. Type of Property Tax Fund Balance Maintenance & Operating 5,319,24 9

192,748 Interest & Sinking Schedule B - 2012 Debt Service

The unit plans to pay the following amounts for long-term debts that are secured by property taxes. These amounts will be paid from property tax revenues (or additional sales tax revenues, if applicable).

Description of Debt Principal or Contract Payment to be Paid from Pro erty Taxes p1,100,000

Interest to be Paid from Proper Taxes ty 460,787

Other Amounts to be Paid

Total Payment

2005 Tax/Rev C.O. (19,750,000 Sales Tax

0 1,560,787

2006 Tax/Rev C.O, (2,500,000) Landfill

290,000 52,837 0 342,837

2007 Tax/Rev C.O, (6,970,000)

1,385,000 34,625 0 1,419,625

2008 Tax/Rev C.O. (10,15,000) Sales Tax

100,000 444,825 0 544,825

2009 Tax/Rev C.O, (14,600,000)

95,000 631,063 0 726,063

2009 Tax/Rev G.O. Refunding (4,605,000)

860,000 60,200 0 920,200

2011 Rev/Rev C.O. (13,780,000)

155,000 587,575 0 742,575

Total required for 2012 debt service $6,256,912

- Amount (if any) paid from Schedule A $0

- Amount (if any) paid from other resources $3,540,528

- Excess collections last year $32,890

= Total to be paid from taxes in 2012 $2,683,494

+ Amount added in anticipation that the unit will collect only 98.00% of its taxes in 2012

$54,765

= Total debt levy $2,738,259 This notice contains a summary of actual effective and rollback tax rates' calculations. You can inspect a copy of the full calculations at 2302 Pulliam St, San Angelo, TX 76905. Name of person preparing this notice: Jan Bruce Title: Appraiser, Tom Green County Appraisal District Date Prepared: 07/31/2012

l Page 1

City of San Angelo Finance Department



From: Laura Brooks, Budget Analyst, Sr.


Contact: Morgan Trainer, Budget Manager, 653-6291


FIRST PUBLIC HEARING AND INTRODUCTION OF AN ORDINANCE LEVYING PROPERTY TAXES FOR THE CITY OF SAN ANGELO FOR THE 2012 TAX YEAR:

AN ORDINANCE LEVYING TAXES AND PROVIDING FOR THE ASSESSMENT AND COLLECTION THEREOF AND PROVIDING FOR EXEMPTIONS, IN AND FOR THE CITY OF SAN ANGELO, TEXAS, FOR THE 2012-2013 BUDGET YEAR

Summary: The proposed property tax rate will decrease from the prior year’s tax rate. The projected tax revenue will be more than the revenue received in the prior year by $976,900. Upon each one hundred dollar ($100) valuation of property subject to taxation in the City of San Angelo for the 2012-2013 fiscal year, 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: On August 7, 2012, City Council took a Record Vote to propose a tax levy of $0.7860/$100 valuation of property. Financial Impact: The tax rate as proposed above will generate the following revenues: Interest & Sink portion: $ 2,892,555 Maintenance & Operations portion: $25,346,010 Total: $28,238,565 Related Vision Item (if applicable): Financial Vision.

l Page 2

Other Information/Recommendation: Staff recommends introduction of the ordinance. Attachments: Tax Levy Ordinance Presentation: No Publication: August 3, 2012 – Notice of Effective Tax Rate Reviewed by Service Area Director: Michael Dane, Finance

AN ORDINANCE FIXING AND LEVYING AD VALOREM TAXES FOR THE USE AND SUPPORT OF THE MUNICIPAL GOVERNMENT OF THE CITY OF SAN ANGELO, TEXAS, FOR THE 2012-2013 BUDGET YEAR; PROVIDING FOR THE ASSESSMENT AND COLLECTION THEREOF; PROVIDING WHEN THE TAX SHALL BECOME DUE; PROVIDING WHEN THE TAX SHALL BECOME DELINQUENT; PROVIDING FOR EXEMPTIONS; PROVIDING FOR SEVERABILITY; PROVIDING FOR PUBLICATION; 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 next fiscal year by September 30, 2012; 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, 2012, and ending September 30, 2013, 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, 2012, and ending September 30, 2013, 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: The following taxes be and are hereby levied for the fiscal year 2012-2013, 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 $0.080

For the purposes of maintenance and operations in the General Fund $0.701

The total tax rate for the aforementioned purposes is: $0.781

Section Two: 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 Three: 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 Four: Taxes levied under this ordinance shall be due on October 1, 2012, and if not paid as provided by law, shall immediately become delinquent on February 1, 2013. Section Five: 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 Six: 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 Seven: 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 Eight: This ordinance shall become effective on the date Approved and Adopted.

Signature page to follow.

INTRODUCED on the 21st day of August, 2012, and APPROVED and ADOPTED on this the 4th day of September, 2012.

YES NO CITY OF SAN ANGELO, TEXAS Alvin New, Mayor Paul Alexander, SMD #1 Dwain Morrison, SMD #2 Johnny Silvas, SMD #3 Fredd B. Adams II, SMD #4 Kendall Hirschfeld, SMD #5 Charlotte Farmer, SMD #6

ATTEST: Alicia Ramirez, City Clerk Approved as to Content Approved as to Form Michael T. Dane, Finance Director Lysia H. Bowling, City Attorney

City of San Angelo

Memo Date: August 31, 2012 To: Mayor and Councilmembers From: Will Wilde, Water Utilities Director Subject: Agenda Item for September 4, 2012 Council Meeting Contact: Will Wilde, Water Utilities Director, 657-4209 Caption: Discussion and possible action to adopt a Resolution implementing Drought Level III of the City’s Water Conservation and Drought Contingency Plan

Summary: The City’s Water Conservation Plan establishes criteria for management of the municipal water supply sources. Trigger points based upon of available water supply are set in the plan to define various drought levels. In June of 2012, the criteria for entering Water Supply Stage, Drought Level II were met. Projections on available supply indicate that the trigger point for Drought Level III will be met in October 2012. History: The City’s Water Conservation/Drought Contingency Plan establishes practices the City will pursue to encourage the wise use of water. The drought management portion of the plan provides criteria that will be implemented to reduce water usage during a water supply shortage. Financial Impact: Under Drought Level III, usage surcharges are assessed on all water customers.

Other Information/Recommendation: Implementation of Drought Level III is dependent upon

reaching the water supply trigger point for entering the stage and adoption of a Resolution by the Council.

It is recommended the Council adopt the Resolution implementing Drought Level III when the

available supply is less than one year. Attachments: Resolution; Drought Level III Ordinance, Ord-Landscape Meters, and Ord-Hand

watering

Presentation: None.

Publication: None.

Reviewed by Service Area Director: Will Wilde, Water Utilities Director, August 31, 2012.

A RESOLUTION OF THE CITY OF SAN ANGELO IMPLEMENTING DROUGHT LEVEL III OF THE CITY’S WATER CONSERVATION AND DROUGHT CONTINGENCY PLAN

WHEREAS, the City Council of the City of San Angelo has passed an ordinance entitled “Water Conservation and Drought Contingency Plan”; and WHEREAS, said ordinance defines drought stages and water management measures that will be followed for each stage; and WHEREAS, under said ordinance the City Council shall determine the drought stage; and WHEREAS, on _______________, 2012, the water supply available to the City of San Angelo was less than that needed to meet City demands for the next twelve months; and, WHEREAS, the minimum criteria for Drought Level III is that the total amount of water available to the City from its developed water sources is less than an 12-month supply (the “trigger point”): NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SAN ANGELO, TEXAS THAT:

1) The amount of water available to the City from its developed water sources being less than an 12-month supply, the criteria for entering “Drought Level III” stage is met and the City Council hereby declares that the City is in such Drought Level III stage; and

2) All water conservation measures as detailed under the Drought Level III stage of the City’s

Water Conservation and Drought Contingency Plan shall be applicable and enforced; effective _______________, 2012; and

3) All water rate adjustments enacted with the implementation of the Drought Level III stage

shall become effective with the beginning of the regular water billing cycle in _____________ 2012; and

4) When the available water supply rises above the trigger point for Drought Level III stage, the

Director of Water Utilities may recommend to the City Council termination of Drought Level III stage status and a return to Drought Level II stage status or other recommendation.

PASSED and APPROVED THIS _____ DAY OF _______________, 2012. CITY OF SAN ANGELO, TEXAS ATTEST: _____________________________ Alvin New, Mayor ___________________________ Alicia Ramirez, City Clerk APPROVED AS TO CONTENT APPROVED AS TO FORM

__________________________ ______________________________ Will Wilde, Water Utilities Director Lysia H. Bowling, City Attorney

AN ORDINANCE AMENDING CHAPTER 11, ARTICLE 11.200 OF THE CODE OF ORDINANCES, CITY OF SAN ANGELO, TEXAS, ENTITLED “WATER CONSERVATION AND DROUGHT CONTINGENCY PLAN”, BY REPEALING ARTICLE 11.200 IN ITS ENTIRETY, AND ADOPTING A NEW ARTICLE 11.200, PROVIDING FOR A DROUGHT CONTINGENCY PLAN, PROVIDING FOR SEVERABILITY, PROVIDING FOR A PENALTY AND PROVIDING FOR AN EFFECTIVE DATE


1) THAT, Chapter 11, Article 11.200 of the Code of Ordinances of the City of San Angelo, Texas is hereby repealed in its entirety and replaced with the following:

Sec. 11.201 Purpose

The purpose of the water conservation and drought contingency plan is to encourage water conservation at all times and to establish a procedure for identifying, classifying and handling a water supply and/or a water demand emergency effectively and efficiently.

Sec. 11.202 Water Conservation Measures

The city will utilize the following strategies to encourage, promote and require citizens to conserve water at all times.

(1) Conservation Plan. The “City of San Angelo Water Conservation Plan,” dated March 2, 2009, which is on file in the office of the city clerk, and available for public inspection, is adopted and incorporated herein.

(A) Implementation. The director of water utilities will act as the administrator of the water conservation plan. The administrator will oversee the execution and implementation of all elements of the program and will be responsible for supervising the promulgation and retention of records for program verification.

(2) Plumbing Code. The city plumbing code has provision for water conserving plumbing devices. The city will enforce the requirements of the code to ensure the use of water saving devices.

(3) Universal Metering. All users of municipal treated water, except for fire sprinkler lines, will be metered.

(4) Water Supply Meters. The city metering devices will record water use with an accuracy of plus or minus 5.0% in order to measure and account for the amount of raw water diverted from the source of supply.

(5) Restaurants. Restaurants shall not serve water to their customers except when specifically requested by the customer.

(6) Waste of Water. As defined below shall be prohibited.

(A) Allowing treated or raw city water, greywater, reclaimed water or well water to run off property to a gutter, street, alley, ditch or drainage facility and drain for more than 150 feet downgrade of the point of entry into such gutter, street, alley, ditch or drainage facility.

(B) Failure to repair a controllable leak.

(7) Prohibited Watering Hours. The use of treated or raw city water, greywater or reclaimed water for watering lawns, gardens, landscape areas, trees, golf courses, shrubs or other plants being grown outdoors (not in a nursery) shall be prohibited between the hours of 12:00 noon and 6:00 p.m. daily from April 1 through October 31.

(8) Watering Frequency. The use of treated or raw city water, greywater or reclaimed water for watering lawns, landscape areas, trees, gardens, golf courses (except greens), shrubs or other plants being grown outdoors (not in a nursery) shall be allowed at a frequency of twice every seven days during the period of April 1 through October 31 and once every seven days during the period of November 1 through March 31. Golf course greens may be watered once per day year round.

(9) New Landscape. Watering of newly seeded or sodded lawns or newly planted trees, shrubs or landscape plants will be allowed at the following frequency provided written notification is given to the city code compliance division or water conservation division of the watering schedule:

(A) Days 1-14 from planting; three times per day every day of such period at any time of day.

(B) Days 15-28 from planting; twice per day every day of such period at any time of day.

(10) Allowable Application Rates. The maximum amount of treated or raw city water, greywater or reclaimed water applied to established

lawns, landscape plants, golf courses (except greens) or shrubs shall not exceed 1 inch per week.

(11) Drip Irrigation. Landscape watering with a drip irrigation system shall be permitted on any day and at any time of day provided that the total amount of water applied shall not exceed 1 inch per week. For the purpose of this article, drip irrigation shall mean a water saving irrigation system that uses buried drip pipe or tape.

(12) Excessive Usage of Water. Excessive usage of water as defined below shall be prohibited and shall be a violation of the water conservation and drought contingency plan:

(A) Any use of water by a customer in excess of the maximum allowable application rates under Section 11.202(10).

(B) Usage of water in amounts such that an “Excessive Usage Fee” as set out in this article is assessed.

(13) Excessive Usage Fee: A fee shall be charged for excessive water usage in the amounts set forth below. This fee shall be in addition to the standard fee charged for water usage.

(A) For single-family residential accounts, an additional fee of $1.50 per 1,000 gallons shall be charged for all usage from 40,000 thru 49,000 gallons during a billing period, an additional fee of $2.50 per 1,000 gallons shall be charged for all usage from 50,000 thru 59,000 gallons during a billing period, and an additional fee of $5.00 per 1,000 gallons shall be charged for all usage over 59,000 gallons during a billing period. Usage on a single-family residential account shall be the total usage at the address which is determined by adding together the usage on the meter supplying the residence and the usage on the meter(s) supplying water to the landscape watering system.

(B) For all landscape meters, except those at single family residences, schools, colleges, parks, cemeteries, golf courses or athletic facilities, an additional fee of $1.50 per 1,000 gallons shall be charged for all usage from 90,000 thru 109,000 gallons during a billing period, an additional fee of $2.50 per 1,000 gallons shall be charged for all usage from 110,000 thru 129,000 gallons during a billing period, and an additional fee of $5.00 per 1,000 gallons shall be charged for all usage over 129,000 gallons during a billing period.

(14) Contracts with Other Political Subdivisions, Water Supply Corporations or Water Suppliers. Any political subdivision, water

supply corporation, or water supplier that contracts with the city for the purchase of water shall adopt applicable provisions of the city’s water conservation and drought contingency plan. Contracts for the sale of water that are already in effect will be revised to reflect the applicable provisions of the city’s most current water conservation and drought contingency plan when the contracts are renewed or extended. To the extent of the city’s legal authority, the city shall require the city’s wholesale customers to issue a public notice advising their water customers of required drought management measures declared in the city as follows in Section 11.203.

(A) In the event that the triggering criteria specified in Section 11.203(f) of the Plan for Water Supply Stage – Drought Level III – have been met, the city manager is hereby authorized to initiate allocation of water supplies on a pro rata basis in accordance with Texas Water Code Section 11.039 and according to the following water allocation policies and procedures.

(B) A wholesale customer’s monthly allocation shall be a percentage of the customer’s water usage baseline. The percentage will be set by resolution of the San Angelo City Council based on the administrator’s assessment of the severity of the water shortage condition and the need to curtail water diversions and/or deliveries and may be adjusted periodically by resolution of the city council as conditions warrant. Once pro rata allocation is in effect, water diversions by or deliveries to each wholesale customer shall be limited to the allocation established for each month.

(C) Upon initiation of pro rata water allocation, water utility director shall provide notice, by certified mail, to each wholesale customer informing them of their monthly water usage allocations and shall notify the news media and the executive director of the Texas Commission on Environmental Quality.

(15) Water Demand Emergency. In the event the quantity of water usage from the city’s water distribution system reaches a level that exceeds the amount which may be treated or safely delivered through the system, the water utilities director shall notify the city manager and the city council of such an occurrence. The city council shall be authorized to limit the use of water by passage of a resolution outlining such limitations which shall remain in effect until the water demand emergency can be met. Upon initiation of a water demand emergency, the water utility director shall provide notice, by certified mail, to the executive director of the Texas Commission on Environmental Quality and shall notify the news media.

(16) Water Supply Emergency. In the event of a water system failure or emergency (i.e. pressure zone deficiencies, chemical spills, broken water mains, power outages, failures of storage tanks or other equipment, treatment plant breakdown and/or water contamination) which limits the amount of water which may be treated or safely delivered through the system, the water utilities director shall notify the city manager and city council of such occurrence. The city council shall be authorized to limit the use of water by passage of a resolution outlining such limitations which shall remain in effect until the water supply emergency can be met. Upon initiation of a water supply emergency, the water utility director shall provide notice, by certified mail, to the executive director of the Texas Commission on Environmental Quality and shall notify the news media.

(17) Public Information. The water utilities director will provide regular public education and information about the importance of year-round water efficiency as delineated in the plan, and will provide general information about water supply conditions and drought plan provisions on at least an annual basis. The purpose of this effort shall be to keep the citizenry informed about the drought and conservation plans and their importance to the city’s water supply.

Sec. 11.203 Drought Stages and Water Management Measures

(a) Water Supply Sources. The city has several water supply sources that it can draw upon to meet its needs. Local surface water sources include Lake Nasworthy, Twin Buttes Reservoir, O.C. Fisher Reservoir and the South Concho River. Nonlocal surface water supplies are available to the city from O.H. Ivie Reservoir and Spence Reservoir. The city has a groundwater source in the Hickory Aquifer.

When local reservoirs are full, the city’s primary water supply will be from these reservoirs along with nonlocal or groundwater sources as needed. When local reservoirs are below full but above drought trigger points, the local sources may be utilized along with water brought in from nonlocal sources or groundwater sources. During drought conditions, the primary source of supply will be nonlocal sources, subject to the maximum amount available from each source, with the remaining amount of water coming from the local sources or groundwater sources that the city may develop.

(b) Drought Trigger Point. Whenever the total amount of water available to the city falls below the minimum criteria established for each water supply stage level, the city shall be deemed to have entered a drought stage for management of its water supplies.

The water utilities director shall notify the city manager and city council upon entering the threshold of a drought stage. The council shall implement each stage by resolution. A notice of such resolution shall be published one time in the local newspaper. The

criteria for each stage and the water management measures which shall be enforced are as follows in subsections (d) to (f).

(c) Public Information. The water utilities director will provide reports to the news media with information regarding current water supply conditions, projected water supply and demand conditions if the current drought conditions continue, and consumer information on water conservation measures and practices. Information describing each water supply stage trigger point and drought level restrictions on water use shall be prepared and published on the city’s website.

(d) Water Supply Stage – Drought Level I.

(1) The minimum criteria for this drought stage shall be the following.

The total amount of water available, as determined by the water utilities director, to the city from its developed water sources is less than a 24-month supply.

(2) In addition to the conservation measures stated in Section 11.202 of this article, the following additional water conservation measures shall be in force during Water Supply Stage – Drought Level I.

(A) The use of treated or raw city water for watering lawns, gardens, landscape areas, trees, shrubs, golf courses (except greens) or other plants being grown outdoors (not in a nursery) shall be prohibited at all times provided however a person may do such watering which shall be twice every seven days during the period of April 1 through October 31 and once every 14 days during the period of November 1 through March 31 except during the “prohibited watering hours” as stated in Section 11.202.

(B) Golf courses greens may be watered daily except during the “prohibited watering hours” as stated in Section 11.202.

(C) Watering of “new landscape” shall be allowed in accordance with the provisions as stated in Section 11.202 for “new landscape.”

(3) A fee shall be charged for water usage in the amounts as set forth below.

This fee shall be in addition to the standard fee charged for water usage and shall be in lieu of the “excessive usage fee” as defined in Section 11.202.


(B) For all landscape meters, except those at single family residences, schools, colleges, parks, cemeteries, golf courses or athletic facilities; an additional fee of $2.00 per 1,000 gallons shall be charged for all usage from 75,000 thru 94,000 gallons during a billing period, an additional fee of $3.50 per 1,000 gallons shall be charged for all usage from 95,000 thru 114,000 gallons during a billing period, and an additional fee of $6.00 per 1,000 gallons shall be charged for all usage over 114,000 gallons during a billing period.

(e) Water Supply Stage – Drought Level II.


The total amount of water available, as determined by the water utilities director, to the city from its developed water sources is less than an 18-month supply.

(2) In addition to the conservation measures stated in Section 11.202 of this article, the following additional water conservation measures shall be in force during Water Supply Stage – Drought Level II.

(A) The use of treated or raw city water for watering lawns, gardens, landscape areas, trees, shrubs, golf courses (except greens) or other plants being grown outdoors (not in a nursery) shall be prohibited at all times provided however a person may do such watering which shall be once every seven days during the period of April 1 through October 31 and once every 14 days during the period of November 1 through March 31 except during the “prohibited watering hours” as stated in Section 11.202.

(B) Golf courses greens may be watered daily except during the “prohibited watering hours” as stated in Section 11.202.

(C) Watering of “new landscape” shall not be allowed as stated in Section 11.202 for “new landscape.”

(3) A fee shall be charged for water usage in the amounts as set forth below.

This fee shall be in addition to the standard fee charged for water usage and in lieu of the water usage fee set out in Section 11.203(d)(3) the “excessive usage fee” as defined in Section 11.202.


(B) For all landscape meters except those at single family residences, an additional fee of $3.50 per 1,000 gallons shall be charged for all usage from 60,000 thru 79,000 gallons during a billing period, an additional fee of $5.00 per 1,000 gallons shall be charged for all usage from

80,000 thru 99,000 gallons during a billing period, and an additional fee of $8.00` per 1,000 gallons shall be charged for all usage over 99,000 gallons during a billing period.

(f) Water Supply Stage – Drought Level III.


The total amount of water available, as determined by the water utilities director, to the city from its developed water sources is less than a 12-month supply.

(2) In addition to the water conservation measures stated in Section 11.202 of this article, the following water conservation measures shall be in force during Water Supply Stage - Drought Level III.

(A) The use of treated or raw city water for watering of lawns, gardens, landscape areas, trees, golf courses (including greens), shrubs or other plants being grown outdoors is prohibited.

(B) The use of treated or raw city water to fill, refill or maintain the level of any fountain or swimming pool is prohibited.

(C) Washing of automobiles, trucks, trailers, boats, or other types of vehicles or mobile equipment is prohibited except if the health, safety and welfare of the public is contingent upon vehicle cleaning, as determined by the director of city health services; then the washing of such vehicles shall be allowed.

(3) A fee shall be charged for water usage in the amounts as set forth below. This fee shall be in addition to the standard fee charged for water usage and shall be in lieu of the water usage fee set out in Sections 11.203(d)(3) and 11.203(e)(3) and the “excessive usage fee” as defined in Section 11.202.

(A) For single-family residential accounts, an additional fee of $6.00 per 1,000 gallons shall be charged for all usage over 10,000 gallons during a billing period.

(B) For apartment unit accounts, an additional fee of $5.00 per 1,000 gallons shall be charged for all usage over an amount equal to the number of units in the apartment times 3,000 gallons during a billing period.

(C) For all other water users, an additional fee of $2.50 per 1,000 gallons shall be charged for all usage.

Sec. 11.204 Exception and Variance

(a) Exceptions. There shall be an exception to the prohibitions of this article regarding watering restrictions, as follows:

(1) Use of water for installing, testing and repairing sprinkler systems.

(2) Watering frequency and schedules for public parks, athletic facilities, schools, colleges and cemeteries shall be as approved by the City Council.

(b) Variance.

(1) A person desiring an exemption from any provision of this article shall file a petition for variance with the city manager. All petitions for variances shall be reviewed and acted upon by the city council. The petition shall include at a minimum the following information:

(A) Name and address of the petitioner(s).

(B) Purpose and estimated amount of water use.

(C) Specific provision(s) of the article from which the petitioner is requesting an exemption.

(D) Detailed statement as to how the specific provision of the article adversely affects the petitioner or what damage or harm will occur to the petitioner or others if petitioner complies with this article.

(E) Description of the relief requested.

(F) Period of time for which the variance is sought.

(G) Alternative water use restrictions or other measures the petitioner is taking or proposes to take to meet the intent of this article and the effective date of such other measures.

(H) Other pertinent information.

(I) Statement that petitioner has not within the last six months intentionally violated the current ordinance for which a variance is sought or, if such violations have occurred, a statement setting out all reasons why such ordinance was violated.

(2) The city council may grant a variance from the requirements of this article after determining that because of special circumstances applicable to the applicant, compliance with this article:

(A) Cannot be technically accomplished during the expected duration of the water supply shortage or other condition for which the article is in effect; or

(B) Will cause undue hardship on a program or service offered by a public entity; or

(C) Substantially threatens the applicant’s primary source of income.

(3) Additionally, the city council may grant a variance from the requirements of this article if it determines that the applicant can implement alternative water use restrictions which meet or exceed the intent of this article. The city council shall approve specific alternative water use restrictions.

(4) Any variance granted by the city council may be revoked after a determination by the city council that revocation is necessary for the

public health and safety or upon a finding that the holder of a variance allowing alternative water use restrictions has not complied with such alternative restrictions.

Sec. 11.205 Implementation and Service Restrictions

(a) Implementation:

(1) The water utilities director for the city will act as the administrator of the water conservation drought contingency plan. The administrator will oversee the execution and implementation of all elements of the program. The administrator will be responsible for supervising the promulgation and retention of adequate records for program verification.

(2) The water conservation plan will be maintained for the duration of the city’s financial obligation to the state under the State Revolving Loan Fund program.

(b) Contracts With Other Political Subdivisions, Water Supply Corporations or Water Suppliers: Any political subdivision, water supply corporation, or water supplier that contracts with the city for the purchase of water shall adopt applicable provisions of the city’s water conservation and drought contingency plan. Contracts for the sale of water that are already in effect will be revised to reflect the applicable provisions of the city’s most current water conservation and drought contingency plan when the contracts are renewed.

(c) Service Restrictions: The water conservation and drought contingency plan shall be enforced by the following service restrictions:

(1) Water service taps will not be provided to customers not meeting the plan requirements.

(2) The inclining block water rate structure should encourage retrofitting of old plumbing fixtures which use large quantities of water.

(3) Customers who do not pay their water bills shall be subject to discontinuance or disconnection of service.

(4) The building inspection department will not certify new construction which fails to meet the plan requirements.

Sec. 11.206 Enforcement

(a) Violations of any provisions of the water conservation and drought contingency plan may be enforced as follows:

(1) First violation. Any person or entity as defined under this Chapter may be given a verbal or written warning.

(2) Second and subsequent violations.

(i) Violation of any provision of the water conservation and drought contingency plan constitutes a Class C misdemeanor offense for which a citation may be issued.

(ii) Second and subsequent violations shall be punishable by a maximum fine of up to two thousand dollars ($2,000.00) per day per violation as provided by Article 1.100, Section 1.106 of the Code of Ordinances of the City of San Angelo.

(iii) Proof of a culpable mental state is not required for a conviction of an offense under this section. Each day any person or entity fails to comply with the water conservation and drought contingency plan is a separate violation.

(3) Third and subsequent violations.

For third and subsequent violations of the water conservation and drought contingency plan, the water utilities director shall, upon due notice to the customer, be authorized to discontinue water service to the premises where such violations occur. Services discontinued or disconnected under such circumstances shall be restored only upon payment of charges as provided for in Chapter 11, Article 11.300.

(4) Compliance with any provision of the water conservation and drought contingency plan may be enforced by civil court action as provided by state and federal law.

2) THAT, the following severability clause is adopted with this amendment: SEVERABILITY: That 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.

3) 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 this Code. Each day of such violation shall constitute a separate offense. 4) THAT, this Ordinance shall be effective on, from and after the 1st day of March

2012.

INTRODUCED on the day of , 2012, and finally PASSED,

APPROVED and ADOPTED on this the day of , 2012.

CITY OF SAN ANGELO, TEXAS

ATTEST:

Alvin New, Mayor Alicia Ramirez, City Clerk Approved as to Content: Approved as to Form: Will Wilde Lysia H. Bowling Water Utilities Director City Attorney

AN ORDINANCE AMENDING APPENDIX A, ARTICLE 8.000 OF THE CODE OF ORDINANCES, CITY OF SAN ANGELO TEXAS, BY AMENDING SECTION 8.200 ENTITLED “MONTHLY WATER RATES” BY REPEALING SUBSECTION 8.200(a)(1) IN ITS ENTIRETY; AND ADOPTING A NEW SUBSECTION 8.200(a)(1) ESTABLISHING NEW USAGE RATES FOR RESIDENTIAL BUILDING AND LANDSCAPE METERS AND FIRE HYDRANT METERS, PROVIDING FOR SEVERABILITY, PROVIDING FOR A PENALTY AND PROVIDING FOR AN EFFECTIVE DATE


1) THAT, Appendix A, Article 8.000 of the Code of Ordinances, City of San Angelo, Texas, Section 8.200, Monthly Water Rates, is hereby amended by repealing Subsection 8.200(a)(1) in its entirety and adopting a new Subsection 8.200(a)(1) to read as follows:

Sec. 8.200 Monthly Water Rates

(a) All persons supplied with water by the city shall be billed for water at the following monthly rates for water supplied on or after March 1, 2012.

(1) Meter Size Base Rate

5/8" $19.12

1" $23.14

1-1/2" $27.19

2" $35.86

3" $104.71

4" $130.73

6" $190.31

8" $257.97

Residential Untreated Water $23.14

Classifications Rate per 1,000 Gallons

RESIDENTIAL (single-family residence, duplex, or other individually metered residential unit). Residential usage shall be the combined usage of the building meter and any landscape meter(s) serving the tract.

0-2,000 gallons $2.32

Next 3,000 gallons $3.46




Over 100,000 gallons $4.82

COMMERCIAL, APARTMENT AND MOBILE HOME PARK

Building Meter

1,000 gallons and up $3.83

Landscape Meter

1,000 gallons and up

Winter* $3.87

Summer** $4.12

INDUSTRIAL, HOTEL, MOTEL, HOSPITAL, SCHOOL AND GOVERNMENT

Building Meter


Landscape Meter


Winter* $3.92

Summer** $4.17

Millersview-Doole


Winter* $5.62

Summer** $6.32

Producers Lamb and Goat


Fire Hydrants


UNTREATED WATER

Residential

0-5,000 gallons

Next 5,000 gallons

Over 10,000 gallons

$1.81

$2.31

$3.02

Commercial, Apartment and Mobile Home Parks, Industrial, Hotel, Motel, Hospital, School and Government


$3.02

*Winter is the billing period of October through April.

**Summer is the billing period of May through September.

2) THAT all remaining subsections of Section 8.200 not amended by this ordinance remain in full force and effect.

3) THAT, the following severability clause is hereby adopted with this amendment:

SEVERABILITY:

That 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.

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 this Code. Each day of such violation shall constitute a separate offense.

5) THAT, this Ordinance shall be effective on, from and after the 1st day of March 2012.

INTRODUCED on the 17th day of January , 2012, and finally

PASSED, APPROVED and ADOPTED on this the 7th day of February , 2012.

AN ORDINANCE AMENDING CHAPTER 11, ARTICLE 11.200, SECTIONS 11.202 AND 11.203 OF THE CODE OF ORDINANCES, CITY OF SAN ANGELO, TEXAS, ENTITLED “WATER CONSERVATION AND DROUGHT CONTINGENCY PLAN”, BY REVISING SUBSECTION 11.202 (11) “DRIP IRRIGATION”; ADDING A NEW SUBSECTION 11.202 (12) ENTITLED “HAND WATERING” AND RENUMBERING THE CURRENT SUBSECTIONS 11.202 (12) THROUGH (17) TO SUBSECTIONS 11.202 (13) THROUGH (18); BY REVISING SUBSECTION 11.203 (f) WATER SUPPLY STAGE – DROUGHT LEVEL III, (2)(A) PROVIDING FOR SEVERABILITY, PROVIDING FOR A PENALTY AND PROVIDING FOR AN EFFECTIVE DATE.


1) THAT, Chapter 11, Article 11.200, Section 11.202 of the Code of Ordinances of the City of San Angelo, Texas is hereby amended by revising subsection (11); adding a new subsection (12) and renumbering the current subsections (12) through (17) to subsections (13) through (18) to read as follows:

Sec. 11.202 Water Conservation Measures

(11) Drip Irrigation. Landscape or foundation watering with a drip irrigation system such as a soaker hose, deep root watering system, drip pipe or tape, or bubbler shall be permitted on any day and at any time of day provided that the total amount of water applied shall not exceed 1 inch per week. For the purpose of this article, drip irrigation shall mean a water saving irrigation system designed to emit water at low volumes and low pressures directly onto or below the soil surface without airborne streams or droplets.

(12) Hand Watering. Hand watering of lawns, gardens, landscape areas, trees, shrubs or other plants being grown outdoors or foundations may be done on any day, except during the prohibited watering hours, provided the allowable application rate is not exceeded. Hand watering shall be watering with a hose that is hand held for the duration of the irrigation event, or watering with a container of five gallons or less.

2) THAT, Chapter 11, Article 11.200, Section 11.203 (f) of the Code of Ordinances of the City of San Angelo, Texas is hereby amended by revising subsection (2)(A) to read as follows:

Sec. 11.203 Drought Stages and Water Management Measures

(f) Water Supply Stage – Drought Level III

(2)(A) The use of treated or raw city water for watering of lawns, gardens, landscape areas, golf courses (including greens), shrubs or other plants being

grown outdoors is prohibited. Hand Watering or Drip Irrigation of trees and foundations may be done on days and at times as established by the City Council.

3) THAT, the following severability clause is adopted with this amendment: SEVERABILITY: That 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. 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 this Code. Each day of such violation shall constitute a separate offense. 5) THAT, this Ordinance shall be effective on, from and after the 1st day of March 2012.

INTRODUCED on the 7th day of February , 2012, and finally PASSED,

APPROVED and ADOPTED on this the 21st day of February , 2012.

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