august 21, 2012 city council agenda packet

City Council Agenda of 5 August 21, 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, August 21, 2012 McNease Convention Center, South Meeting Room

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

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

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

A. Call to Order

B. Prayer and Pledge

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

C. Proclamation

“RSVP Recognition Day for the Concho Valley RSVP Volunteers”, September 6, 2012, to be accepted by Dolores Schwertner, RSVP Director for Concho Valley/Big Country

D. Recognition

Robert F. Bluthardt for receiving the Award of Merit from the Texas Historical Commission for his outstanding historic preservation efforts at Fort Concho and in San Angelo, Texas

The City of San Angelo Finance/Budget Division for receiving the Government Finance Officers Association’s (GFOA) Distinguished Budget Presentation Award, to be accepted by Budget Manager, Morgan Trainer, Senior Budget Analyst, Laura Brooks, and Senior Budget Analyst, Steve Mahaffey

E. Public Comment

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

II. CONSENT AGENDA 1. Consideration of approving the August 7, 2012 City Council Regular meeting minutes 2. Consideration of awarding bid WU-09-12 for Odor Control Units to Odortool (Sioux Falls, SD) in the

amount of $160,841.52, and authorizing the Interim City Manager or his designee to execute any necessary related documents


3. Consideration of adopting a Resolution authorizing the Mayor to execute a Tax Resale Deed conveying all rights, title, and interests in the following Tax Lot(s): a. 210 W Avenue M, (Garcia/Leake), Lot 10, Block 116, Fort Concho Addition, $1,500.00, Suit No. B-07-

0013-T b. 215 E 19th Street, (Morales), E ½ of Lot 25, Except S 65’, Snyder Addition, $2,000.00, Suit No. B-

09-0058-T 4. Consideration of adopting a Resolution authorizing the Mayor to execute a Tax Resale Deed conveying

all rights, title, and interests, sold under the Urban Redevelopment Program, in the following Tax Lot(s): a. 315 E. 24th Street ̧(Galilee), Lots 17, Block 2, Colonial Heights Addition, Urban Redevelopment

Program, $750.00, Suit No. B-00-0038-T b. 405 N. Emerson Street, (Feist), S 65’ of N 125’ of Lots 15 & 16, Block 19, Ellis Addition,

$1,500.00, Suit No. B-07-0024-T 5. Consideration of adopting a Resolution authorizing the Interim City Manager or his designee to execute

Supplemental Lease Agreement No. 3 to Lease GS-07b-15605, and all related documents, between the City of San Angelo and General Services Administration (GSA) at San Angelo Regional Airport

6. Consideration of adopting a Resolution authorizing the Interim City Manager or his designee to execute a Supplemental Lease Agreement extending the term of a lease with the U.S. Department of Homeland Security Immigration and Customs Enforcement as lessee, of certain property located at 5574 Stewart Lane, San Angelo Regional Airport – Mathis Field (Airport)

7. Consideration of adopting a Resolution authorizing the Interim City Manager to execute Amendments Number 1 to the ProVenueMax Software Support and License Agreement and to the ProVenueMax Online Ticketing Services Agreement with Tickets.Com, Inc., making provision for online ticket sales by amending the fees payable after the first year, extending the contract terms for an additional five years, and making other related amendments for the provision of said services

8. Consideration of adopting a Resolution authorizing the Interim City Manager or his designee to execute a Release of Restriction that prohibits human habitation on certain real property generally known as 1601 South Concho Drive and an Escrow Agreement with First Title Company and parties in interest, providing for the holding of the executed Release of Restriction until such time as the City’s Water Utilities Department confirms that the residential structure located on said real property has been connected to the City’s sewer main

9. Second Hearing and consideration of adoption of an Ordinance amending Chapter 12, Exhibit “A” (Zoning Ordinance) of the Code of Ordinances, City of San Angelo Z 12-08: Randy Bell 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: 5221 South Bryant Boulevard Frontage Road, located approximately 215 feet south of the intersection of Kimrey Lane and South Bryant Boulevard Frontage Rd, more specifically the Windwood Subdivision, Section 1, Block 1, Lot 9 in southeastern San Angelo, changing the zoning classification from General Commercial (CG) to Low Rise Multi-Family Residential (RM-1) District; PROVIDING FOR SEVERABILITY AND PROVIDING A PENALTY

10. Second Hearing and consideration of adoption of an Ordinance amending Chapter 12, Exhibit “A” (Zoning Ordinance) of the Code of Ordinances, City of San Angelo Z 12-05: City of San Angelo 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: East 4th Street, the brick portion of the dedicated public right-of-way being approximately 60’ x 640’ and lying between its intersection with North Chadbourne Street eastward to its intersection with North Oakes Street, in central San Angelo, adding the zoning classification of Historic Overlay (HO) District; PROVIDING FOR SEVERABILITY AND PROVIDING A PENALTY

III. REGULAR AGENDA:

F. EXECUTIVE/CLOSED SESSION

Executive Session under the provision of Government Code, Title 5. Open Government; Ethics, Subtitle A. Open Government, Chapter 551. Open Meetings, Subchapter D. Exceptions to Requirement that Meetings be Open, Section 551.072 to deliberate the purchase, exchange, lease, or value of real property

Executive Session under the provision of Government Code, Title 5. Open Government; Ethics, Subtitle A. Open Government, Chapter 551. Open Meetings, Subchapter D. Exceptions to Requirement that Meetings be Open, Section 551.071 to consult with attorney on matters related to the TriCity Water Initiatives

Executive Session under the provision of Government Code, Title 5. Open Government; Ethics, Subtitle A. Open Government, Chapter 551. Open Meetings, Subchapter D. Exceptions to Requirement that Meetings be Open, Section 551.087 to discuss an offer of financial or other incentive to a company or companies with whom the City of San Angelo is conducting economic development negotiations and which the City of San Angelo seeks to have, locate, stay or expand in San Angelo

G. PUBLIC HEARING AND COMMENT

11. Presentation of the 2nd Quarter 2012 Report from the Chamber of Commerce Economic Development Council and the Convention & Visitors Bureau (CVB) (Presentation by CVB Vice President Pamela Miller and Vice President for Economic Development John Dugan)

12. Presentation and update on the Texas Bank Sports Complex and related matters (Presentation by Parks and Recreation Director Carl White and Recreation Manager MaryAnn Vasquez)

13. First public hearing and consideration of introduction 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. (Presentation by Planning Manager AJ Fawver)

14. Consideration of authorizing an amendment to Vision Plan Component of the San Angelo Comprehensive Plan update adopted in 2009, specifically properties comprising roughly 200 acres in the annexation of the former power plant area near Knickerbocker Road in southwest San Angelo (Presentation by Planning Manager AJ Fawver)

15. Consideration of approving a Tax Increment Reinvestment Zone Board (TIRZ) recommendation to award Bid ES-02-12 for Chadbourne Street Pedestrian Improvement Project to Templeton Construction Company, (San Angelo, TX) including the base bid in the amount of $1,198,000.00 and authorizing the Interim City Manager to execute said contract and any related documents (Presentation by Community and Development Director Shawn Lewis)

16. Consideration of adopting a Resolution by the City of San Angelo City Council, with attachments, authorizing the City of San Angelo Development Corporation (COSADC) to execute an Economic Development Performance Agreement in substantially the attached form, with Medhab, LLC, providing for direct incentives in the form of grants for reimbursement to Medhab, LLC of portions of business expenses incurred for job creation and retention, and, for capital investment and leasing of facilities, machinery, and equipment in San Angelo, Texas

(Presentation by Community and Economic Development Director Shawn Lewis)

17. Consideration of awarding RFB No. CE-03-12 for construction of a livestock building to MRI in the amount of $1,132,200, with attachments, authorizing staff to negotiate the contract in substantially the attached form, and authorizing Interim City Manager to execute said contract

(Presentation by Civic Events Manager Anthony Wilson)


18. First public hearing and consideration of introduction 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)

19. Discussion and possible action to adopt a Resolution establishing a uniform policy for the City of San Angelo’s Boards and Commissions (Requested by Councilmember Hirschfeld)

20. Discussion and possible action regarding update on Master Developer search (Requested by Councilmember Hirschfeld and presentation by Planning Manager AJ Fawver)

21. Discussion on matters related to the City’s Water Supply:

a. Update on the Hickory Aquifer Water Supply Project, including the Twin Buttes South/North Pool project

b. Consideration of a Water Advisory Board recommendation to authorize the expansion of the Hickory Aquifer Water Supply Project by the addition of seven new wells and related matters associated with the expansion

c. Discussion of implementing Drought Level III of the City’s Water Conservation and Drought Contingency Plan

d. Discussion regarding free chlorination of the water distribution system and any action in connection thereto

(Presentation by Water Utilities Director Will Wilde)

H. FOLLOW UP AND ADMINISTRATIVE ISSUES

22. Consideration of matters discussed in Executive/Session, if needed 23. Consideration of various Board nominations by Council and designated Councilmembers:

a. Public Art Commission: Alejandro Castanon (SMD3) to a 1st full term April 2013 24. Announcements and consideration of Future Agenda Items 25. Adjournment

Given by order of the City Council and posted in accordance with Title 5, Texas Government Code, Chapter 551, Friday, August 17, 2012, at 5:00 P.M.

/x/________________________ Alicia Ramirez, City Clerk

P R O C L A M A T I O N

WHEREAS, Through their guiding wisdom, enduring love of family, and inspiring

commitment to community and country, Concho Valley RSVP volunteers

touch lives every day serving everyone from children to frail elderly; and

WHEREAS, Over the past year 651 Concho Valley RSVP Volunteers contributed

106,660 hours of service to 86 organizations in 177 unique volunteer

jobs; and

WHEREAS, The Concho Valley RSVP sponsored by the West Texas Rehabilitation

Center will honor, recognize and celebrate the powerful contributions

and impact that RSVP volunteers make solving problems, meeting

community needs and providing a model for lifelong service in San

Angelo and across the Concho Valley; and

WHEREAS, This recognition reinforces the message that service by older adults

benefit all involved – it helps the RSVP volunteers by keeping them

active, healthy and engaged; it helps our communities and nonprofits by

utilizing the service of skilled volunteers; and it strengthens civic

participation; and

WHEREAS, The Apron Theme this year focuses on those who serve and the content

of the aprons’ pocket on the attributes that the RSVP volunteers share

every day.

NOW, THEREFORE, I, Alvin New, Mayor of the City of San Angelo, Texas, on behalf of the

City Council, do hereby proclaim Thursday, September 6, 2012 as

“RSVP RECOGNITION DAY”

FOR THE

CONCHO VALLEY RSVP VOLUNTEERS

and urge everyone to engage in volunteer service, take hold of our shared future, and help

meet the needs of our fellow community members.

IN WITNESS WHEREOF, I have hereunto

set my hand and caused the Seal of the

City to be affixed this 21st day of August,

2012.

THE CITY OF SAN ANGELO

ALVIN NEW, MAYOR

The Government Finance Officers Association of the United States and Canada (GFOA) has presented a Distinguished Budget Presentation Award to City of San Angelo, Texas for its annual budget for the fiscal year beginning October 1, 2011. The award represents a significant achievement by the entity. It reflects the commitment of the governing body and staff to meeting the highest principles of governmental budgeting. In order to receive the budget award, the entity had to satisfy nationally recognized guidelines for effective budget presentation. These guidelines are designed to assess how well an entity's budget serves as:

• a policy document • a financial plan • an operations guide • a communications device

The document also furthers the City’s goal of transparency in government for our community. 2011 marks the 9th consecutive year that the City has received this award.

CITY COUNCIL MINUTE RECORD The City of San Angelo Page 593 Tuesday, August 7, 2012 Vol. 103

OPEN SESSION BE IT REMEMBERED City Council convened in a regular meeting at 9:00 A.M., Tuesday, August 7, 2012, in the San Angelo McNease Convention Center, 500 Rio Concho Drive, San Angelo, Texas. All duly authorized members of the Council, to-wit:

Mayor, Alvin New Councilmember Paul Alexander Councilmember Dwain Morrison Councilmember Johnny Silvas Councilmember Fredd B. Adams, II Councilmember Kendall Hirschfeld Councilmember Charlotte Farmer

were present and acting, with the exception of Councilmembers Morrison and Hirschfeld, thus constituting a quorum. Whereupon, the following business was transacted:

An invocation was given by Rev. Tim Wood and pledge was led by Jonathan Thompson, son of Steve Thompson, Computer Support Specialist.

RECOGNITION

Postponement of a Recognition for Robert F. Bluthardt for receiving the Award of Merit from the Texas Historical Commission for his outstanding historic preservation efforts at Fort Concho and in San Angelo, Texas

PUBLIC COMMENT

No one came forward to comment publicly.

CONSENT AGENDA

APPROVAL OF THE JUNE 19, 2012 AND JULY 17, 2012 CITY COUNCIL REGULAR MEETING MINUTES AND JULY 10, 2012 AND JULY 24, 2012 SPECIAL MEETING MINUTES

CONSIDERATION OF ADOPTING A RESOLUTION AWARDING BID WU-08-12 FOR THE 2012 WATER LINE IMPROVEMENTS CONTRACT NO. 1 TO HOUSLEY COMMUNICATIONS, INC., NOT TO EXCEED AN AMOUNT OF $1,096,008.50, AUTHORIZING STAFF TO NEGOTIATE A CONTRACT, AND AUTHORIZING THE INTERIM CITY MANAGER TO EXECUTE SAID CONTRACT AND ANY RELATED DOCUMENTS

ADOPTION OF RESOLUTIONS AUTHORIZING THE MAYOR TO EXECUTE TAX DEEDS FOR THE SALE OF TAX LOTS:

106 W 15th Street, (Jones), Lot 9, Block 11, Lasker Addition, $950.00, Suit No. B-06-0055-T (ANNEX A, PAGE 603, RESOLUTION #2012-08-089R) Next to 424 E 32 Street, (Garcia - Galindo), Lot 19 & E 5' of Lot 18, Block 1, Probst and Page Addition, $1,500.00, Suit No. B-07-0046-T (ANNEX B, PAGE 605, RESOLUTION #2012-08-090R) 222 W 3rd Street, (Palmer), Lot 5, Block N, Miles Addition, $2,500.00, Suit No. B-03-0076-T (ANNEX C, PAGE 607, RESOLUTION #2012-08-091R)

Minutes Vol. 103 August 7, 2012 2215 Pecan Street, (Brewer-Munoz), 0.241 acre, N 210' x 50', James Williams Survey, $1,500.00, Suit No. B-05-0214-T (ANNEX D, PAGE 609, RESOLUTION #2012-08-092R) 122 W. 12th Street¸ (Galilee), Lots 7 & 8, Block 78, Miles Addition, $1,000.00, Suit No. B-2566-A (ANNEX E, PAGE 611, RESOLUTION #2012-08-093R)

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 NATIONAL REINED COW HORSE ASSOCIATION 2013 CELEBRATION OF CHAMPIONS, AND AUTHORIZING THE INTERIM CITY MANAGER TO EXECUTE RELATED DOCUMENTS

CONSIDERATION OF ADOPTING A RESOLUTION AUTHORIZING THE INTERIM CITY MANAGER TO EXECUTE AN AGREEMENT WITH THE U.S. DEPARTMENT OF THE INTERIOR, U.S. GEOLOGICAL SURVEY FOR THE OPERATION OF GAUGING STATIONS ON RIVERS THAT FLOW INTO THE CITY’S RESERVOIRS

APPROVAL OF MATTERS RELATED TO THE ACQUISITION OF TWO PROPERTIES FOR THE HICKORY AQUIFER WATER SUPPLY PROJECT:

• ADOPTION OF A RESOLUTION DESIGNATING AND AUTHORIZING THE INTERIM CITY MANAGER TO APPROVE THE ACQUISITION AND EXECUTE ALL CONTRACTS AND OTHER LEGAL INSTRUMENTS NECESSARY OR CONVENIENT TO ACQUIRE CERTAIN REAL PROPERTY IN CONCHO COUNTY, TEXAS, FOR THE LOCATION AND INSTALLATION OF A COMMUNICATIONS TOWER REQUIRED FOR THE HICKORY AQUIFER WATER SUPPLY PROJECT; AND TO AUTHORIZE INITIATION OF EMINENT DOMAIN PROCEEDINGS PURSUANT TO LAW, IF NECESSARY (ANNEX F, PAGE 613, RESOLUTION #2012-08-094R)

• ADOPTION OF A RESOLUTION DESIGNATING AND AUTHORIZING THE INTERIM CITY MANAGER TO APPROVE THE ACQUISITION AND EXECUTE ALL CONTRACTS AND OTHER LEGAL INSTRUMENTS NECESSARY OR CONVENIENT TO ACQUIRE CERTAIN REAL PROPERTY IN CONCHO COUNTY, TEXAS, FOR THE LOCATION AND INSTALLATION OF A WATER TANK REQUIRED FOR THE HICKORY AQUIFER WATER SUPPLY PROJECT; AND TO AUTHORIZE INITIATION OF EMINENT DOMAIN PROCEEDINGS PURSUANT TO LAW, IF NECESSARY (ANNEX G, PAGE 619, RESOLUTION #2012-08-095R)

ADOPTION OF A RESOLUTION AUTHORIZING THE INTERIM CITY MANAGER OR HIS DESIGNEE TO NEGOTIATE AND EXECUTE A RESIDENTIAL LEASE AGREEMENT AND RELATED DOCUMENTS WITH TOM DANIEL AND TONI DANIEL, AS LESSEE, OF CERTAIN LAKE LOT PROPERTY LOCATED AT LAKE NASWORTHY (LOT 21, LAKE NASWORTHY ADDITION, COMMONLY KNOWN AS 6402 LINCOLN PARK ROAD WEST) (ANNEX H, PAGE 623, RESOLUTION #2012-08-096R)

ADOPTION OF A RESOLUTION BY THE SAN ANGELO CITY COUNCIL ACCEPTING THE U.S. DEPARTMENT OF JUSTICE FY 2012 JUSTICE ASSISTANCE GRANT IN THE SUM OF TWENTY-FIVE THOUSAND NINE HUNDRED TWENTY FOUR AND NO/100 DOLLARS ($25,924.00), AND AUTHORIZING THE INTERIM CITY MANAGER OR HIS DESIGNEE TO EXECUTE SUCH GRANT AWARD AND RELATED DOCUMENTS AS MAY BE NECESSARY OR CONVENIENT FOR ACCEPTANCE OF THE GRANT (ANNEX I, PAGE 625, RESOLUTION #2012-08-097R)

ADOPTION OF A RESOLUTION APPROVING A PROFESSIONAL SERVICES “MEDICAL DIRECTOR AGREEMENT” WITH DR. STEVEN SEIFERT TO PROVIDE SERVICES AS THE EMERGENCY MEDICAL SERVICES DIRECTOR FOR THE CITY OF SAN ANGELO FIRE DEPARTMENT AND AUTHORIZING THE INTERIM CITY MANAGER TO EXECUTE SAID AGREEMENT (ANNEX J, PAGE 627, RESOLUTION #2012-08-098R)

SECOND HEARING AND ADOPTION OF AN ORDINANCE AMENDING CHAPTER 12, EXHIBIT

Minutes Page 595 August 7, 2012 Vol. 103 “A” (ZONING ORDINANCE) OF THE CODE OF ORDINANCES, CITY OF SAN ANGELO (ANNEX K, PAGE 637, ORDINANCE #2012-08-099)

Z 12-06: Willie Boulden

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: 1011 Martin Luther King Drive, located at the intersection of Martin Luther King Drive and West 11th Street, more specifically occupying the Miles Addition, Block 66 S/2 of E 150 feet of Block 66; Block 65, Lots 18 and 19, in central San Angelo, changing the zoning classification from a combination of General Commercial/ Heavy Commercial (CG/CH) and Two-Family Residential (RS-2) to Neighborhood Commercial (CN) District; PROVIDING FOR SEVERABILITY AND PROVIDING A PENALTY

SECOND HEARING AND ADOPTION OF AN ORDINANCE CHANGING THE NAME OF BARRY AVENUE, EXTENDING FROM GLENNA STREET TO HOWE STREET, TO TLC WAY (ANNEX L, PAGE 639, ORDINANCE #2012-08-100)

AN ORDINANCE TO CHANGE THE NAME OF A CERTAIN STREET SEGMENT TO WIT: Barry Avenue to TLC Way, over the complete length of this street's right-of-way between Glenna Street and Howe Street, in central San Angelo; AND PROVIDING AN EFFECTIVE DATE

SECOND HEARING AND ADOPTION OF AN ORDINANCE AMENDING CHAPTER 10, ARTICLE 10.200 OF THE CODE OF ORDINANCES, CITY OF SAN ANGELO, TEXAS (ANNEX M, PAGE 641, ORDINANCE #2012-08-101)

An Ordinance amending Chapter 10, Article 10.200 authorizing a speed limit change from 30 mph to 35 mph on Foster Road beginning at the intersection of Foster Road and Sunset Boulevard extending south 8,285 feet through the cul-de-sac at the southernmost end of Foster Road

SECOND HEARING AND ADOPTION OF AN ORDINANCE AMENDING CHAPTER 2 “ADMINISTRATION,” OF THE CODE OF ORDINANCES OF THE CITY OF SAN ANGELO, BY REPEALING ARTICLE 2.2900 ENTITLED “SENIOR SERVICES ADVISORY BOARD” IN ITS ENTIRETY; REPEALING ARTICLE 2.2600 ENTITLED “RECREATION BOARD” IN ITS ENTIRETY AND ENACTING A NEW ARTICLE 2.2600 ENTITLED “PARKS & RECREATION ADVISORY BOARD,” PROVIDING FOR THE CREATION OF THE BOARD (ANNEX N, PAGE 643, ORDINANCE #2012-08-102)

AN ORDINANCE AMENDING CHAPTER 2 “ADMINISTRATION,” OF THE CODE OF ORDINANCES OF THE CITY OF SAN ANGELO, BY REPEALING ARTICLE 2.2900 ENTITLED “SENIOR SERVICES ADVISORY BOARD” IN ITS ENTIRETY; REPEALING ARTICLE 2.2600 ENTITLED “RECREATION BOARD” IN ITS ENTIRETY AND ENACTING A NEW ARTICLE 2.2600 ENTITLED “PARKS & RECREATION ADVISORY BOARD,” PROVIDING FOR THE CREATION OF THE BOARD, PROVIDING FOR THE QUALIFICATIONS, TERMS, DUTIES, OFFICERS AND QUORUM, PROVIDING FOR BYLAWS, PROVIDING FOR MEETINGS AND MINUTES, PROVIDING FOR ABSENT MEMBERS; PROVIDING FOR SEVERABILITY; REPEALING ARTICLE 2.1400 “PARK SUPERINTENDENT;” AMENDING ARTICLE 2.4200 “SAN ANGELO PUBLIC ART COMMISSION,” SECTION 2.4201 “CREATED, MEMBERS,” SUBSECTION (c) PROVIDIING FOR AN EX-OFFICIO NON-VOTING COMMISSION MEMBER REPRESENTING THE PARKS & RECREATION DEPARTMENT OR PARKS & RECREATION ADVISORY BOARD; AMENDING CHAPTER 8 “OFFENSES AND NUISANCES,” ARTICLE 8.100 “GENERAL OFFENSES” OF THE CODE OF ORDINANCES OF THE CITY OF SAN ANGELO BY AMENDING SECTION 8.113 TO REMOVE THE REFERENCE TO THE PARK COMMISSION; PROVIDING FOR SEVERABILITY; AND PROVIDING

Minutes Vol. 103 August 7, 2012 FOR AN EFFECTIVE DATE

SECOND HEARING AND ADOPTION OF AN ORDINANCE AMENDING THE 2011-2012 BUDGET FOR GRANTS, NEW PROJECTS AND INCOMPLETE PROJECTS (ANNEX O, PAGE 649, ORDINANCE #2012-08-103)

AN ORDINANCE OF THE CITY OF SAN ANGELO AMENDING THE BUDGET FOR THE FISCAL YEAR BEGINNING OCTOBER 1, 2011, AND ENDING SEPTEMBER 30, 2012, FOR NEW PROJECTS, INCOMPLETE PROJECTS, AND GRANTS

ADOPTION OF RESOLUTIONS AUTHORIZING THE INTERIM CITY MANAGER OR HIS DESIGNEE TO NEGOTIATE AND EXECUTE A RESIDENTIAL LEASE AGREEMENT WITH RESPECTIVE LESSEES AND RELATED DOCUMENTS OF CERTAIN LAKE LOT PROPERTIES LOCATED AT LAKE NASWORTHY:

Lot 18, Group Shady Point, 1812 Shady Point Circle (Barnes) (ANNEX P, PAGE 653, RESOLUTION #2012-08-104R) Lot 53B, Group Shady Point, 1506 Loop Drive (Stovall) (ANNEX Q, PAGE 655, RESOLUTION #2012-08-105R) City Council members requested the following items for consideration in the Regular Agenda: Housley Communications bid, National Reined Cow Horse Association, and U.S. Geological Survey Motion, to approve the Consent Agenda, as presented, with the exception of Housley Communications bid, National Reined Cow Horse Association, and U.S. Geological Survey, was made by Councilmember Adams and seconded by Councilmember Farmer. Motion carried unanimously.

REGULAR AGENDA: PUBLIC HEARING AND COMMENT

EXECUTIVE/CLOSED SESSION

Council did not convened in Executive Session under the provision of Government Code, Title 5. Open Government; Ethics, Subtitle A. Open Government, Chapter 551. Open Meetings, Subchapter D. Exceptions to Requirement that Meetings be Open, Section 551.072 to deliberate the purchase, exchange, lease, or value of real property or Section 551.087 to discuss an offer of financial or other incentive to a company or companies with whom the City of San Angelo is conducting economic development negotiations and which the City of San Angelo seeks to have, locate, stay or expand in San Angelo.

PUBLIC HEARING AND COMMENT

ADOPTION OF A RESOLUTION AWARDING BID WU-08-12 FOR THE 2012 WATER LINE IMPROVEMENTS CONTRACT NO. 1 TO HOUSLEY COMMUNICATIONS, INC., NOT TO EXCEED AN AMOUNT OF $1,096,008.50, AUTHORIZING STAFF TO NEGOTIATE A CONTRACT, AND AUTHORIZING THE INTERIM CITY MANAGER TO EXECUTE SAID CONTRACT AND ANY RELATED DOCUMENTS (ANNEX R, PAGE 657, RESOLUTION #2012-08-106R)

Water Utilities Director Will Wilde presented background information stating the project was scheduled and budgeted under the Capital Improvement Program.

Motion, to adopt the Resolution, as presented, was made by Councilmember Adams and seconded by Councilmember Silvas. Motion carried unanimously.

Minutes Page 597 August 7, 2012 Vol. 103 ADOPTION OF A RESOLUTION AUTHORIZING THE INTERIM CITY MANAGER TO APPLY TO THE TEXAS COMPTROLLER’S OFFICE FOR AN EVENTS TRUST FUND STATE GRANT FOR THE NATIONAL REINED COW HORSE ASSOCIATION 2013 CELEBRATION OF CHAMPIONS, AND AUTHORIZING THE INTERIM CITY MANAGER TO EXECUTE RELATED DOCUMENTS (ANNEX S, PAGE 655, RESOLUTION #2012-08-107R)

Civic Events Manager Anthony Wilson presented background information. He informed the Stock Show and Rodeo Association provided the local matching funds and not the City, however the City will receive state funds for the rental of the Coliseum.

Motion, to adopt the Resolution, as presented, was made by Councilmember Adams and seconded by Councilmember Farmer. Motion carried unanimously.

ADOPTION OF A RESOLUTION AUTHORIZING THE INTERIM CITY MANAGER TO EXECUTE AN AGREEMENT WITH THE U.S. DEPARTMENT OF THE INTERIOR, U.S. GEOLOGICAL SURVEY FOR THE OPERATION OF GAUGING STATIONS ON RIVERS THAT FLOW INTO THE CITY’S RESERVOIRS (ANNEX T, PAGE 661, RESOLUTION #2012-08-108R)

Water Utilities Director Will Wilde presented background information informing the project total cost is $41K.

Motion, to adopt the Resolution, as presented, was made by Councilmember Farmer and seconded by Councilmember Adams. Motion carried unanimously.

POSTPONEMENT OF PRESENTATION AND UPDATE ON THE TEXAS BANK SPORTS COMPLEX AND RELATED MATTERS

Mayor New informed due to time restraints and two City Council members absent, this item will be postponed to a future meeting. Council concurred.

POSTPONEMENT OF THE FIRST PUBLIC HEARING AND CONSIDERATION OF INTRODUCTION 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

Minutes Vol. 103 August 7, 2012 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.


POSTPONEMENT OF CONSIDERATION OF AUTHORIZING AN AMENDMENT TO VISION PLAN COMPONENT OF THE SAN ANGELO COMPREHENSIVE PLAN UPDATE ADOPTED IN 2009, SPECIFICALLY PROPERTIES COMPRISING ROUGHLY 200 ACRES IN THE ANNEXATION OF THE FORMER POWER PLANT AREA NEAR KNICKERBOCKER ROAD IN SOUTHWEST SAN ANGELO


POSTPONEMENT OF CONSIDERATION OF APPROVING A TAX INCREMENT REINVESTMENT ZONE BOARD (TIRZ) RECOMMENDATION TO AWARD BID ES-02-12 FOR CHADBOURNE STREET PEDESTRIAN IMPROVEMENT PROJECT TO TEMPLETON CONSTRUCTION COMPANY, (SAN ANGELO, TX) INCLUDING THE BASE BID IN THE AMOUNT OF $1,198,000.00 AND BID ALTERNATIVES NUMBERS 4, 5, AND 6 IN THE AMOUNT OF $204,500.00 FOR A TOTAL CONTRACT AMOUNT OF $1,402,500.00 AND AUTHORIZING THE INTERIM CITY MANAGER TO EXECUTE SAID CONTRACT AND ANY RELATED DOCUMENTS


PRESENTATION AND UPDATE ON THE CITY OF SAN ANGELO’S WATER SUPPLY AND HICKORY AQUIFER WATER SUPPLY PROJECT

Water Utilities Director Will Wilde presented background information. A copy of the presentation is part of the Permanent Supplemental Record. Mr. Wilde reviewed the historical lake levels over 82 years; stored water volume levels for Ivie and Twin Buttes Reservoirs, and Lake Nasworthy; Ivie Reservoir projected capacities; and projected water supply. He reported the City currently has a 13 to14 months water supply. Mr. Wilde further reviewed the Twin Buttes South Pool pumping project into the North Pool.

Responding to questions from Council, Mr. Wilde explained the water release for municipal use for the City’s water plant noting the water is released from the Ivie Reservoir and then pumped from Lone Wolf Reservoir; the required pass through water right system release on the Concho River basin noting senior downstream water right holders make a call for the release of any natural stream flow which is released from Twin Buttes into Concho River system to Paint Rock.

Minutes Page 599 August 7, 2012 Vol. 103 Mayor New further explained although there is no natural inflow from the varies creeks into the Twin Buttes South Pool and Lake Nasworthy, the City is still required to release water as if the water was flowing. Therefore, Lake Nasworthy water level continues to drop due to the lack of inflow.

Mr. Wilde explained the City’s treated wastewater process noting historically the City had utilized treated waste water for the City’s farmland and in 1998, the City entered into an agreement with the irrigation district at Veribest whereby they City supplies the district with treated water into the canal system as part of Veribest Water System.

Responding to a question from Mr. Silvas, Mayor New explained the dam at O.C. Fisher was built by the U.S. Army Corps of Engineers and the dam at Twin Buttes was built by the Bureau of Reclamation. The Corps of Engineers turned down building the dam at Lake Nasworthy in the 50’s or 60’s, but the Bureau of Reclamation stepped in and built the dam to provide irrigation for agricultural users. He noted part of the dam structure included a canal system to deliver water to the various farms and based on an agreement, the City would release freshwater from Lake Nasworthy and Twin Buttes. The City then negotiated another agreement in the 90s to deliver wastewater from the water plant in lieu of delivering freshwater from the reservoirs. As an advantage to the farmers, wastewater is always available versus restrictions on freshwater due to lack of inflow into the reservoirs. Also, as an advantage to the City, the City is not forced to release freshwater from the reservoirs into the canals.

General discussion was held on the number of gallons pumped per day; public awareness, specifically drought level status; initiative by staff to monitor water flow into rivers and reservoirs; residential use and response to surcharges implemented due to drought level status; and the Automated Meter Reading Software capabilities.

Mr. Wilde proceeded with the Hickory Aquifer Water Supply Project update. A copy of the presentation is part of the Permanent Supplemental Minute record. Mr. Wilde explained four (4) different project contracts have been authorized. He commented on the status of each phase: well field collector pipelines at 99% complete, 62 miles of 30” transmission pipeline at 18.5% complete and scheduled for completion by June 2013, well field-booster pump station commenced on June 2012 and scheduled for completion by June 2013, and the treatment plant scheduled to commence on June 2013 and scheduled for completion by August 2014. General discussion was held on the duration of the pipeline.

ADOPTION OF A RESOLUTION AUTHORIZING THE INTERIM CITY MANAGER TO EXECUTE AN INTERLOCAL SERVICE AGREEMENT AND MEMORANDUM OF UNDERSTANDING BETWEEN THE CITY OF SAN ANGELO (COSA) AND THE UPPER COLORADO RIVER AUTHORITY (UCRA) FOR CONSULTING SERVICES IN CONNECTION WITH PROJECTS OR PROGRAMS PERTAINING TO RIVER REHABILITATION AND RIVERBANK STABILIZATION FOR THE CONCHO RIVER AND STORMWATER MANAGEMENT AND EDUCATION (ANNEX U, PAGE 663, RESOLUTION #2012-08-109R)

Interim City Manager Michael Dane and City Engineer Clinton Bailey presented background information. Mr. Dane stated the contract is the final step of a coordinated effort for service programs along the Concho River and Stormwater Management between former City Manager Harold Dominguez and UCRA. He informed the main subject matter of the contract is the public education component recognizing the UCRA for their public outreach and education program and grant writing and approvals in connection with river rehabilitation and riverbank stabilization of the Concho River. A copy of the presentation is part of the Permanent Supplemental Minute record.

Motion, to adopt the Resolution, as presented, was made by Councilmember Adams and seconded by Councilmember Farmer.

Minutes Vol. 103 August 7, 2012 AUTHORIZATION FOR THE INTERIM CITY MANAGER OR HIS DESIGNEE TO EXECUTE CHANGE ORDERS WITH TEMPLETON CONSTRUCTION IN THE AMOUNT OF $687,460.06 FOR ADDITIONAL BANK STABILIZATION ALONG THE NORTH CONCHO RIVER BETWEEN SULFUR DRAW AND 1ST STREET, AND TO FUND SAID IMPROVEMENTS THROUGH THE ALLOCATION OF $100,000.00 IN ½ CENT SALES TAX PROJECT REVENUE, AND $587,460.06 IN STORMWATER FUNDING

City Engineer Clinton Bailey and Assistant City Manager Rick Weise presented background information.

General discussion was held on the 29th street river bank, fountain concept, and contingency funds available.

Motion, to authorize the change orders, as presented, was made by Councilmember Adams and seconded by Councilmember Farmer.

RECESS

At 10:52 A.M., Mayor New called a recess.

RECONVENE

At 11:02 A.M., Council reconvened, and the following business was transacted:

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 12-08: Randy Bell

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: 5221 South Bryant Boulevard Frontage Road, located approximately 215 feet south of the intersection of Kimrey Lane and South Bryant Boulevard Frontage Rd, more specifically the Windwood Subdivision, Section 1, Block 1, Lot 9 in southeastern San Angelo, changing the zoning classification from General Commercial (CG) to Low Rise Multi-Family Residential (RM-1) District; PROVIDING FOR SEVERABILITY AND PROVIDING A PENALTY

Planning Manager AJ Fawver presented background information. A copy of the presentation is part of the Permanent Supplemental Minute record.

Responding to a question from Councilmember Silvas, City Engineer Clinton Bailey stated Ben Ficklen Road was a state owned and maintained road.

Motion, to introduce the Ordinance, as presented, was made by Councilmember Adams and seconded by Councilmember Alexander.

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 12-05: City of San Angelo

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: East 4th Street, the brick portion of the dedicated public right-of-way being approximately 60’ x 640’ and lying between its intersection with North Chadbourne Street eastward to its intersection with North Oakes Street, in central San Angelo, adding the zoning classification of Historic Overlay (HO) District; PROVIDING FOR SEVERABILITY AND PROVIDING A PENALTY

Minutes Page 601 August 7, 2012 Vol. 103 Planning Manager AJ Fawver presented background information. A copy of the presentation is part of the Permanent Supplemental Minute record.

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

DISCUSSION OF THE 2012-2013 BUDGET GOALS, POLICY, AND ALL CITY FUNDS, INCLUDING, BUT NOT LIMITED TO:

GENERAL FUND AND OTHER FUNDS AS TIME ALLOWS


APPROVAL OF A RECORD VOTE TO PROPOSE A PROPERTY TAX RATE FOR FY 2012-2013 AT $0.7860 CENTS PER $100 VALUATION

Interim City Manager Michael Dane and Budget Manager Morgan Trainer presented background information. Mr. Dane explained the property tax rate can be set and later decreased, however the rate cannot be increased once set and approved by City Council.

Motion, to approve a record vote on the property tax rate for FY 2012-2013 at $0.7860 cents per $100 valuation, as presented, was made by Councilmember Adams and seconded by Councilmember Farmer. Motion carried unanimously.

FOLLOW UP AND ADMINISTRATIVE ISSUES

CONSIDERATION OF MATTERS DISCUSSED IN EXECUTIVE/CLOSED SESSION

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

CONSIDERATION OF FUTURE AGENDA ITEMS

Interim City Manager Michael Dane distributed the proposed Date, 2012 Agenda and solicited Council comments and suggestions.

Councilmember Alexander requested staff schedule a town hall meeting to discuss water issues on August 30, 2012. He suggested inviting Water Advisory Board Members, Water Master, and other key parties.

Councilmember Farmer requested an update on TriCity Water Group Initiative. Mr. Dane stated an update will be available during executive session on August 21, 2012.

Mr. Dane announced the Water Advisory Board will meet on Wednesday, August 7, 2012.

ADJOURNMENT

Motion, to adjourn, was made by Councilmember Adams and seconded by Councilmember Farmer. Motion carried unanimously.

The meeting adjourned at 11:34 P.M.

THE CITY OF SAN ANGELO ___________________________________ Alvin New, Mayor

ATTEST: _______________________________ Alicia Ramirez, City Clerk Annexes A-U

Minutes Vol. 103 August 7, 2012 In accordance with Chapter 2, Article 2.300, of the Official Code of the City of San Angelo, the minutes of this meeting consist of the preceding Minute Record and the Supplemental Minute Record. Details on Council meetings may be obtained from the City Clerk’s Office or a video of the entire meeting may be purchased from the Public Information Officer at 481-2727. (Portions of the Supplemental Minute Record video tape recording may be distorted due to equipment malfunction or other uncontrollable factors.)

City of San Angelo

Memo Date: August 8, 2012

To: Mayor and Councilmembers

From: Will Wilde, Water Utilities Director

Subject: Agenda Item for August 21, 2012 Council Meeting

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

Caption: Consent Agenda

Water Utilities Bid “WU-09-12”; Odor Control Units

Summary: Bids have been received from four vendors for the purchase of two odor control units. One unit will be for the South Ridge Lift Station and the other will be for the Raw Lift Station at the Water Reclamation Facility. Low bid was submitted by Odortool (Sioux Falls, SD), and the bid had no exceptions to the specifications. History: The equipment will be used to eliminate the odor and high hydrogen sulfide levels from the lift stations.

Financial Impact: Bid amount - $160,841.52; budgeted under the Wastewater Capital Improvements Program. Related Vision Item (if applicable): None. Other Information/Recommendation: It is recommended the low bid be accepted. Attachments: Bid Tabulation. Presentation: None. Publication: None. Reviewed by Service Area Director: Will Wilde, Water Utilities Director, August 8, 2012

City of San Angelo2012 Odor Control Units

Bid Tabulation - August 6, 2012

Item No. Item Description Quantity Units Unit Cost Extended Cost Unit Cost Extended Cost Unit Cost Extended Cost Unit Cost Extended Cost

1South Ridge Lift Station

Biological Odor Control Unit 1 LS $69,860.00 $69,860.00 $78,679.00 $78,679.00 $35,000.00 $35,000.00 $119,260.00 $119,260.00

2Raw Lift Station Biological Odor

Control Unit 1 LS $106,980.00 $106,980.00 $85,445.00 $85,445.00 $130,000.00 $130,000.00 $155,120.00 $155,120.00

WaterTech Services, Inc.HRM EnvironmentalOdortool

Bids Mailed To:Bedford, TX

Richardson, TXSioux Falls, SD

Discounts:

Bid with Discount Applied:

Delivery:

Piggy Back Availability:

Total Bid:

$165,000.00

70 days

Yes

$274,380.00Design: 6 weeks

Ship: 14-16 weeks

No

$163,577.00

98 days

Yes

$160,841.52

90 days

Yes

7.5% if ordered at same time 2% if payment is received net 10

No Discount Applies, Net 30 Payment

No Discount Applies, Net 30 Payment

$176,840.00 $164,124.00 $165,000.00 $274,380.00

Siemens Industry, Inc.BioAir Solutions, LLC Odortool BIOREM Environmental

Memo Date: July 23, 2012

To: Mayor and Council Members

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

From: Diana Farris, Property Specialist, 657-4407


Caption: Consent Item

Consideration of adopting a Resolution authorizing the Mayor to execute a Tax Resale Deed conveying all rights, title, and interests in the following Tax Lot(s): 210 W Avenue M, (Garcia/Leake), Lot 10, Block 116, Fort Concho Addition, $1,500, Suit No. B-07-0013-T 215 E 19th Street, (Morales), E ½ of Lot 25, Except S 65’, Snyder Addition, $2,000, Suit No. B-09-0058-T

Summary: The subject property(s) were auctioned with no offers received. Subsequently, the properties were struck off to the City as Trustee for itself and the other taxing entities.

History: Amounts of delinquent taxes, accrued penalties, interest, attorney fees and costs for delinquent years of, together with additional penalties and interest at the rates prescribed by Subchapter A & C of Chapter 33, Property Tax Code, which accrue on all said taxes from date of judgment until paid. (See Property Analysis)

Financial Impact: Upon approval: (1) The City will retain a $350 Administration Fee, (2) The balance will be distributed according to the judgment on the Sheriff’s Return, and (3) Property(s) will be reinstated back onto tax roll.

Other Information/Recommendation: All property(s) are unimproved parcels. No outstanding account balances exist for the above Prospective Buyers and it is recommended that the above offer(s) be accepted. Attachments: Property Analysis, Resolutions, Tax-Resale Deeds, and Property Location Maps Presentation: N/A Reviewed by Service Area Director: Lysia H. Bowling, City Attorney

City of San Angelo

NOTICE OF CONFIDENTIALITY RIGHTS: If you are a natural person, you may remove or strike any or all of the following information from this instrument before it is filed for record in the public records: your social security number or your driver’s license number.

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

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

for itself, Tom Green County, San Angelo Independent School District. P.O. Box 1751 San Angelo, Tom Green County, Texas 76902 Grantee: Jorge Garcia, single person, and Jade Leake, single person 4404 Southwest Boulevard, Apartment #109 San Angelo, Tom Green County, Texas 76904 Consideration: Ten and No/100 Dollars ($10.00) and other good and valuable consideration Property (including any improvements):

Lot 10, Block 116, Fort Concho Addition, City of San Angelo, Tom Green County, Texas, as described in Volume 26, Page 330, Deed Records of Tom Green County, Texas. Acct. #12-23200-0116-010-00

Judgment: Judgment for the foreclosure of a tax lien against the Property entered on June 30, 2009, in

Suit No. B-07-0013-T by the 119th District Court of Tom Green County, Texas. Sheriff’s Deed: Grantor acquired full legal title to the Property — both for its own benefit and as Trustee for

all other taxing authorities entitled to receive proceeds from the sale of the Property under the terms of the Judgment — by Sheriff’s Deed dated June 30, 2011, and recorded in Instrument Number 705023, Official Public Records, Tom Green County, Texas.

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

execute this instrument on Grantor’s behalf by resolution and order of Grantor’s City Council recorded in the City Council’s official minutes — hereby quitclaims to Grantee all of Grantor's right, title, and interest in and to the Property, to have and to hold it to Grantee and Grantee's heirs, successors, and assigns forever. Neither Grantor, nor any other taxing unit interested in the Judgment, nor any other person or entity claiming under them, will have, claim, or demand any right or title to the Property or any part of it. Grantor gives this Tax-Resale Deed without any express or implied warranty whatsoever; and all warranties that might arise by common law and the warranties in §5.023 of the Texas Property Code (or its successor) are hereby specifically excluded.

Grantee's rights under this deed are subject to the provisions of Chapter 34 of the Texas Tax Code, including, without limitation, any right of redemption remaining in the former owner of the Property; the terms of any recorded restrictive covenants running with the land that were recorded before January 1 of the year in which the tax lien on the property arose; any recorded lien that arose under such restrictive covenants that was not extinguished in the judgment foreclosing the tax lien; and each valid easement of record as of the date of the sale that was recorded before January 1 of the year the tax lien arose.

Grantor is selling the Property to Grantee for an amount that is less than the lesser of (1) the market value specified in the Judgment, or (2) the total amount of the Judgment. Each taxing unit that is entitled to receive proceeds from the sale of the Property has consented to this sale and has authorized this sale by formal resolution. The parties acknowledge that the sale of the Property to Grantee does not constitute a violation of Section 52, Article III, Texas Constitution.

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

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

GRANTOR: The City of San Angelo, a Texas home-rule municipal corporation, for itself and as Trustee for any taxing authorities named in the Judgment

ATTEST: By: ____________________________ Alvin New, Mayor and

duly-authorized agent Alicia Ramirez, City Clerk STATE OF TEXAS § § COUNTY OF TOM GREEN § This instrument was acknowledged before me on _____________________, 2012, by Alvin New, Mayor and duly-authorized agent of the City of San Angelo, a Texas home-rule municipal corporation, on behalf of such corporation and as Trustee for any taxing authorities named in the Judgment identified in the above instrument. __________________________________ Notary Public, State of Texas After Recording, Return To: City Attorney’s Office

Lot 10, Block 116, Fort Concho Addition - 210 W Avenue M 50' x 150'

County Address Points

City Limits

Streets 9028

Ownership Parcels

Platted Lot Lines

Platted Lot Line Labels

Right of Way

Street Pavement

July 23, 20120 0.08 0.160.04 mi

0 0.1 0.20.05 km

1:4,796

Legal Description:

Improved/Unimproved

Tax Suit Number:

Location:

Parcel Size/Dimensions:

City of San Angelo vs.

Tax ID Number:

Judgment Date:

Date of Sheriff's Sale:

Sheriff's Deed Recorded:

1 YR

Adjudge Value: 3,100.00$ NO

Amount of Offer: 1,500.00$

Priority % of Pro Rata AmountsFees Judgment Allocations Remainder Allocations Distributed

Administration Fee 350.00$ 350.00$ 0.00% 350.00$ Maintenance Fee -$ 0.00% -$ District Clerk 333.00$ -$ 333.00$ 0.00% 333.00$ Sheriff's Fee 100.00$ -$ 100.00$ 0.00% 100.00$ Attorney Fee 365.00$ -$ 365.00$ 0.00% 365.00$ Municipal Liens 3,585.01$ 67.97% 239.26$ 239.26$ Taxes 1,689.28$ 32.03% 112.74$ 112.74$ Total 1,148.00$ 5,274.29$ 1,148.00$ 100.00% 352.00$ 1,500.00$

Actual Total Amt Due 6,422.29$

Amount Remaining 352.00$

PROPERTY ANALYSISFor Tax Resale Property

June 7, 2011

50' x 150'

Offer satisfies court costs and a portion of the taxes & liens under the judgment

Amounts Due

June 30, 2009

Lot 10, Block 116, Fort Concho Addition, City of San Angelo, Tom Green County,Texas, as described in Volume 26, Page 330, Deed Records of Tom Green County,Texas.

B-07-0013-T

210 W Avenue M

Pablo Zavala, deceased - Acct #5651

12-23200-0116-010-00

Unimproved

Years Held in Trust

Urban Redevlopment Sales:

June 30, 2011


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

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

for itself, Tom Green County, San Angelo Independent School District. P.O. Box 1751 San Angelo, Tom Green County, Texas 76902 Grantee: Jose G. Morales and Martha A. Morales, husband and wife 1312 Roosevelt Street San Angelo, Tom Green County, Texas 76903 Consideration: Ten and No/100 Dollars ($10.00) and other good and valuable consideration Property (including any improvements):

East One-Half of Acre Lot 25, of the Snyder Addition to the City of San Angelo, Tom Green County, Texas, Save & Except the South 65 feet off the East One-Half of said Block or Acre Lot, according to a Warranty Deed in Volume 225, Page 349, Official Public Records of Real Property, Tom Green County, Texas. Acct. #24-44100-0000-059-00

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

Suit No. B-09-0058-T by the 119th District Court of Tom Green County, Texas. Sheriff’s Deed: Grantor acquired full legal title to the Property — both for its own benefit and as Trustee for

all other taxing authorities entitled to receive proceeds from the sale of the Property under the terms of the Judgment — by Sheriff’s Deed dated March 15, 2012, and recorded in Instrument Number 716209, Official Public Records, Tom Green County, Texas.

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

execute this instrument on Grantor’s behalf by resolution and order of Grantor’s City Council recorded in the City Council’s official minutes — hereby quitclaims to Grantee all of Grantor's right, title, and interest in and to the Property, to have and to hold it to Grantee and Grantee's heirs, successors, and assigns forever. Neither Grantor, nor any other taxing unit interested in the Judgment, nor any other person or entity claiming under them, will have, claim, or demand any right or title to the Property or any part of it. Grantor gives this Tax-Resale Deed without any express or implied warranty whatsoever; and all warranties that might arise by common law and the warranties in §5.023 of the Texas Property Code (or its successor) are hereby specifically excluded.

Grantee's rights under this deed are subject to the provisions of Chapter 34 of the Texas Tax Code, including, without limitation, any right of redemption remaining in the former owner of the Property; the terms of any recorded restrictive covenants running with the land that were recorded before January 1 of the year in which the tax lien on the property arose; any recorded lien that arose under such restrictive covenants that was not extinguished in the judgment foreclosing the tax lien; and each valid easement of record as of the date of

the sale that was recorded before January 1 of the year the tax lien arose. Grantor is selling the Property to Grantee for an amount that is less than the lesser of (1) the market

value specified in the Judgment, or (2) the total amount of the Judgment. Each taxing unit that is entitled to receive proceeds from the sale of the Property has consented to this sale and has authorized this sale by formal resolution. The parties acknowledge that the sale of the Property to Grantee does not constitute a violation of Section 52, Article III, Texas Constitution.

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

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

GRANTOR: The City of San Angelo, a Texas home-rule municipal corporation, for itself and as Trustee for any taxing authorities named in the Judgment

ATTEST: By: ____________________________ Alvin New, Mayor and

duly-authorized agent Alicia Ramirez, City Clerk STATE OF TEXAS § § COUNTY OF TOM GREEN § This instrument was acknowledged before me on _____________________, 2012, by Alvin New, Mayor and duly-authorized agent of the City of San Angelo, a Texas home-rule municipal corporation, on behalf of such corporation and as Trustee for any taxing authorities named in the Judgment identified in the above instrument. __________________________________ Notary Public, State of Texas After Recording, Return To: City Attorney’s Office

E 1/2 Acre Lot 25, Snyder AdditionNext to 203 E 19th Street 101' x 138'

Copyright 2011 Esri. All rights reserved. Mon Mar 26 2012 08:52:26 AM.

Legal Description:

Improved/Unimproved

Tax Suit Number:

Location:



Tax ID Number:

Judgment Date:



Years Held in Trust 1 YR

Adjudge Value: 4,228.00$ Puchased under Urban Redevelopment No


Amounts Due Priority % of Pro Rata AmountsFees Judgment Allocations Remainder Allocations Distributed

Administration Fee $350.00 $350.00 0.00% $350.00Maintenance Fee 0.00% $0.00District Clerk $432.00 $432.00 0.00% $432.00Sheriff's Fee $100.00 $100.00 0.00% $100.00Attorney Fee $793.00 $793.00 0.00% $793.00Municipal Liens $0.00 0.00% $0.00Taxes $2,903.00 100.00% $325.00 $325.00Total $1,675.00 $2,903.00 $1,675.00 100.00% $325.00 $2,000.00

Actual Total Amt Due $4,578.00



March 20, 2012

Offer will satisfy all costs according to the Judgement

East One-Half of acre Lot 25, of the Snyder Addition to the City of San Angelo, Tom Green County, Texas, Save & Except the South 65 feet off the East One-Half of said Block or Acre Lot, according to a Warranty Deed in Volume 225, Page 349,

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

Unimproved

B-09-0058-T

215 E 19th Street

101' x 138'

Billy Gene Ausmus

24-44100-0000-059-00

June 14, 2011

March 6, 2012

c:\users\bryan.kendrick\desktop\08-21-12\3b resolution - less than.docx

RESOLUTION AUTHORIZING SALE OF REAL PROPERTY

(Less than Adjudged Value or Judgment)

WHEREAS, on the day of , 2012, at a regularly scheduled meeting of the City Council of the City of San Angelo, Texas, there was presented to said Council the proposal for the City to sell a parcel of land situated within the city limits of the City of San Angelo, said parcel being described as follows:

East One-Half of acre Lot 25, of the Snyder Addition to the City of San Angelo, Tom Green County, Texas, Save & Except the South 65 feet off the East One-Half of said Block or Acre Lot, according to a Warranty Deed in Volume 225, Page 349, Official Public Records of Real Property, Tom Green County, Texas.

WHEREAS, said lot(s) are held by the City of San Angelo, as Trustee by virtue of Sheriff’s Tax Deed, recorded on Instrument Number 716209, of the Official Public Records of Real Property, Tom Green County, Texas; and

WHEREAS, the City Council has determined that it is in the best interest of the City of San Angelo as Trustee to sell said lot(s) for an amount that is less than the lesser of the market value specified in the Judgment of foreclosure or the amount of the judgment(s) against said property. NOW THEREFORE BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SAN ANGELO: That the Mayor of the City of San Angelo is hereby authorized in his capacity as representative of the City of San Angelo, as Trustee to execute a Quitclaim Deed to the above described lot(s) to JOSE GUADALUPE & MARTHA ABIGAIL MORALES, a married couple, for the consideration of Two Thousand and 00/100 Dollars ($2,000.00) and that the sale for said amount is also hereby authorized and approved. APPROVED AND ADOPTED ON THE DAY OF , 2012.


______________________________ Alvin New, Mayor

Attest: _____________________ Alicia Ramirez, City Clerk Approved As to Form: Approved As to Content: ______________________ ____________________________ Lysia Bowling, City Attorney Cindy M. Preas, Real Estate Administrator

c:\users\bryan.kendrick\desktop\08-21-12\3b resolution garcia-leake.docx




Lot 10, Block 116, Fort Concho Addition, City of San Angelo, Tom Green County, Texas, as described in Volume 26, Page 330, Deed Records of Tom Green County, Texas.

WHEREAS, said lot(s) are held by the City of San Angelo, as Trustee by virtue of Sheriff’s Tax Deed, recorded on Instrument Number 705023, of the Official Public Records of Real Property, Tom Green County, Texas; and

WHEREAS, the City Council has determined that it is in the best interest of the City of San Angelo as Trustee to sell said lot(s) for an amount that is less than the lesser of the market value specified in the Judgment of foreclosure or the amount of the judgment(s) against said property. NOW THEREFORE BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SAN ANGELO: That the Mayor of the City of San Angelo is hereby authorized in his capacity as representative of the City of San Angelo, as Trustee to execute a Quitclaim Deed to the above described lot(s) to JORGE GARCIA & JADE LEAKE, for the consideration of ONE THOUSAND FIVE HUNDRED and 00/100 Dollars ($1,500.00) and that the sale for said amount is also hereby authorized and approved. APPROVED AND ADOPTED ON THE DAY OF , 2012.


______________________________ Alvin New, Mayor



To: Mayor and Council Members

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

From: Diana Farris, Property Specialist, 657-4407

Subject: Agenda Item for September 4, 2012 Council Meeting


Consideration of adopting a Resolution authorizing the Mayor to execute a Tax Resale Deed conveying all rights, title, and interests, sold under the Urban Redevelopment Program, in the following Tax Lot(s):

315 E 24th Street¸ (Galilee), Lots 17, Block 2, Colonial Heights Addition, Urban Redevelopment Program, $750.00, Suit No. B-00-0038-T 405 N Emerson Street, (Feist), S 65’ of N 125’ of Lots 15 & 16, Block 19, Ellis Addition, $1,500, Suit No. B-07-0024-T

Summary: The subject property was auctioned with no offers received. Subsequently, the property was struck off to the City as Trustee for itself and the other taxing entities. Amounts of delinquent taxes, accrued penalties, interest, attorney fees and costs for delinquent years of, together with additional penalties and interest at the rates prescribed by Subchapter A & C of Chapter 33, Property Tax Code, which accrue on all said taxes from date of judgment until paid. (See Property Analysis) History: Under the Tex. Tax Code §34.051 a municipality is authorized to resell tax foreclosed property for less than the market value specified in the judgment of foreclosure or less than the total amount of the judgments against the property if consent to the conveyance is evidenced by and Interlocal agreement between the municipality and each taxing unit that is a party to the judgment. The CITY OF SAN ANGELO, TEXAS, a municipal corporation situated in Tom Green County, Tom Green County, a political subdivision of the State of Texas, SAN ANGELO INDEPENDENT SCHOOL DISTRICT, a political subdivision of the State of Texas, TOM GREEN COUNTY APPRAISAL DISTRICT, success or in interest to COUNTY EDUCATION DISTRICT #9, entered into an Interlocal Agreement executed on November 17, 1998. The City of San Angelo Family Support Division declares GALILEE COMMUNITY DEVELOPMENT CORP.; a Texas corporation meets the specified criteria outlined under the Urban Redevelopment Program.

Financial Impact: Upon approval: (1) The City will retain a $350 Administration Fee, (2) The balance will be distributed according to the judgment on the Sheriff’s Return, and (3) Property will be reinstated back onto tax roll.

Other Information/Recommendation: The property is an unimproved parcel; there are no outstanding account balances for the above mentioned agency; and the transfer will assist the City in meeting its Urban Development Program goals; therefore, it is recommended that the above offer be accepted. Attachments: Galilee: Property Analysis, Resolution, Tax-Resale Deed, and Property Location Map Feist: Property Analysis, Resolution, Tax-Resale Deed, and Property Location Map Presentation: N/A Reviewed by Service Area Director: Lysia H. Bowling, City Attorney

City of San Angelo


TAX RESALE DEED WITHOUT WARRANTY

(Sold Under Urban Redevelopment Program) STATE OF TEXAS §

§ KNOW ALL BY THESE PRESENTS: COUNTY OF TOM GREEN §

THAT WHEREAS, by virtue of an order of sale issued out of the District Court of Tom Green County, Texas, for the 119th Judicial District, in Cause No. B-00-0038-T in favor of City of San Angelo, et al., Plaintiff(s), against James C. Galloway III, and any and all other persons, including adverse claimants, Defendant(s), on a certain Tax Warrant granted March 28, 2000, and directed and delivered to the Sheriff of Tom Green County, Texas, commanding said Sheriff to levy upon, seize, and sell the land or lot(s) herein described to satisfy said Tax Warrant, the same being for taxes, penalties, interest, and costs due on the hereinafter described lands, together with interest thereon at the rate of ten percent per annum;

WHEREAS, said Sheriff did, on the 10th day of April, 2000, levy upon and advertise said

premises as described in said Order of Sale and on the first Tuesday in May 2000, between the hours prescribed by law sold said hereinafter described property at public outcry in the County of Tom Green at the courthouse door thereof at which said sale the property hereinafter described was sold to the City of San Angelo in trust for the use and benefit of itself, Tom Green County, San Angelo Independent School District, and County Education District #9, the original deed evidencing said sale being dated 11th day of May, 2006, and recorded in Instrument Number 611185, in the Official Public Records of Tom Green County, Texas;

WHEREAS, said hereinafter described property is being sold for less than the adjudged value

thereof or the amount of the judgments against said property recovered in the above numbered and entitled cause, whichever is lowest; and

WHEREAS, the herein described property is being sold to be used for a purpose consistent with

the City of San Angelo Urban Redevelopment Plan as provided for under V.T.C.A., Tax Code §34.051, “Resale by Taxing Unit for the Purpose of Urban Redevelopment” and as outlined in the Interlocal Agreement among the taxing entities and City of San Angelo’s Urban Redevelopment Program which are on file in the office of the City Clerk.

Know All By These Presents, the City of San Angelo, Trustee, acting by and through its Mayor,

City Manager or Assistant City Manager, duly authorized by a resolution passed December 7, 1999, for and in consideration of the sum of Seven Hundred Fifty dollars ($750.00) cash to it in hand paid by Galilee Community Development Corporation, a non-profit organization, receipt of which is hereby acknowledged, grants, sells, and conveys unto said Galilee Community Development Corporation, a non-profit organization, 1404 S. Oakes Street, San Angelo, Tom Green County, Texas, its successors and assigns with the restrictions and upon the conditions and covenants below stated, all the right, title, and interest of all the taxing units interested in the above mentioned tax foreclosure judgment in and to the certain lot(s), tract or parcel of land lying in Tom Green County, Texas, described as follows:

Lot 17, Block 1, Colonial Heights Addition, City of San Angelo, Tom Green County, Texas, as described in Volume 149, Page 796, Official Public Records, Tom Green County, Texas. Acct. #07-18900-0001-013-00

TO HAVE AND TO HOLD said premises, together with all and singular the rights, privileges,

and appurtenances thereto in any manner belonging unto said Galilee Community Development Corporation, its successors, and assigns forever, without express or implied warranty. All warranties which might arise by common law as well as the warranties in Section 5.023 of the Texas Property Code (or its successors) are excluded. However, this conveyance is expressly made on the condition that the property be used only for providing housing for families of low or moderate income, construction of such housing to be completed within three (3) years of the date of this Deed, such condition to be binding upon and to be observed by Grantee, its successors, and assigns. In the event of the violation or non-observance of this condition, Grantor, its successors, and assigns shall have the right to terminate the

estate granted herein and to re-enter and re-take said premises. This conveyance is also subject to the owner’s right to redeem same in the manner and within the time prescribed by V.T.C.A., Tax Code §34.21.

This conveyance is made expressly subject to recorded restrictive covenants running with the land

and valid easements of record as of the date of this sale, if such covenants or easements were recorded prior to January 1 of the year the tax lien(s) arose.

WITNESS THE HAND AND SEAL of the City of San Angelo by Alvin New, Mayor, attested to by Alicia Ramirez, City Clerk, this the _____ day of _______________, 2012.

CITY OF SAN ANGELO The City of San Angelo, a Texas home-rule municipal corporation, for itself and as Trustee for any taxing authorities named in the Judgment

By: _____________________________ ATTEST: Alvin New, Mayor and

duly-authorized agent Alicia Ramirez, City Clerk

STATE OF TEXAS § § COUNTY OF TOM GREEN § This instrument was acknowledged before me on _____________________, 2012, by Alvin New, Mayor and duly-authorized agent of the City of San Angelo, a Texas home-rule municipal corporation, on behalf of such corporation and as Trustee for any taxing authorities named in the Judgment identified in the above instrument. __________________________________ Notary Public, State of Texas After recording return to:

315 E 24th Street, Lot 17, Block 1, Colonial Heights Addition 50' x 140'

Copyright:© 2012 ESRI, NAVTEQ, DeLorme

City Address Points


City L imits

Streets 4514

Ownership Parcels

Platted Lot Lines


Right o f Way

Street Pavement

Pavement Blocks

July 30, 20120 0.04 0.080.02 mi

0 0.065 0.130.0325 km

1:2,398

Legal Description:

Improved/Unimproved

Tax Suit Number:

Location:



Tax ID Number:

Judgment Date:



1 YR

Adjudge Value: 4,228.00$ No


Amounts Due Priority % of Pro Rata AmountsFees Judgment Allocations Remainder Allocations Distributed

Administration Fee $350.00 $350.00 0.00% $350.00Maintenance Fee 0.00% $0.00District Clerk $432.00 $432.00 0.00% $432.00Sheriff's Fee $100.00 $100.00 0.00% $100.00Attorney Fee $793.00 $793.00 0.00% $793.00Municipal Liens $0.00 0.00% $0.00Taxes $2,903.00 100.00% $425.00 $425.00Total $1,675.00 $2,903.00 $1,675.00 100.00% $425.00 $2,100.00

Actual Total Amt Due $4,578.00


Offer will satisfy all costs according to the Judgement

Puchased under Urban Redevelopment


Years Held in Trust

March 20, 2012

East One-Half of acre Lot 25, of the Snyder Addition to the City of San Angelo, Tom Gree Texas, Save & Except the South 65 feet off the East One-Half of said Block or Acre Lot, a

to a Warranty Deed in Volume 225, Page 349, Official Public Records of Real Property, To County, Texas.

Unimproved

B-09-0058-T

215 E 19th Street

101' x 138'

Billy Gene Ausmus

24-44100-0000-059-00

June 14, 2011

March 6, 2012

n County, according

om Green

c:\users\bryan.kendrick\desktop\08-21-12\4a resolution - sold under urban redevelopment.docx




Lot 17, Block 1, Colonial Heights Addition, City of San Angelo, Tom Green County, Texas, as described in Volume 149, Page 796, Official Public Records, Tom Green County, Texas.

WHEREAS, said lot(s) are held by the City of San Angelo, as Trustee by virtue of Sheriff’s Tax Deed, recorded on Instrument Number 611185, of the Official Deed Records, Tom Green County, Texas; and

WHEREAS, the City Council has determined that it is in the best interest of the City of San Angelo as Trustee to sell said lot(s) for an amount that is less than the lesser of the market value specified in the Judgment of foreclosure or the amount of the judgment(s) against said property. NOW THEREFORE BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SAN ANGELO: That the Mayor of the City of San Angelo is hereby authorized in his capacity as representative of the City of San Angelo, as Trustee to execute a Quitclaim Deed to the above described lot(s) to GALILEE, Community Development Corporation, a non-profit organization, for the consideration of SEVEN HUNDRED FIFTY and 00/100 Dollars ($750.00) and that the sale for said amount is also hereby authorized and approved. APPROVED AND ADOPTED ON THE DAY OF , 2012.


______________________________ Alvin New, Mayor



TAX RESALE DEED WITHOUT WARRANTY

(Sold Under Urban Redevelopment Program) STATE OF TEXAS §

§ KNOW ALL BY THESE PRESENTS: COUNTY OF TOM GREEN §

THAT WHEREAS, by virtue of an order of sale issued out of the District Court of Tom Green County, Texas, for the 119th Judicial District, in Cause No. B-07-0024-T in favor of City of San Angelo, et al., Plaintiff(s), against Eugene D. Beard, Estate., and any and all other persons, including adverse claimants, Defendant(s), on a certain judgment granted June 30, 2009 and directed and delivered to the Sheriff of Tom Green County, Texas, commanding said Sheriff to levy upon, seize, and sell the land or lot(s) herein described to satisfy said judgment, the same being for taxes, penalties, interest, and costs due on the hereinafter described lands, together with interest thereon at the rate of ten percent per annum;

WHEREAS, said Sheriff did, on the 2nd day of October 2009, levy upon and advertise said

premises as described in said Order of Sale and on the first Tuesday in November 2009, between the hours prescribed by law sold said hereinafter described property at public outcry in the County of Tom Green at the courthouse door thereof at which said sale the property hereinafter described was sold to the City of San Angelo in trust for the use and benefit of itself, Tom Green County, and San Angelo Independent School District, the original deed evidencing said sale being dated 20th day of November, 2009, and recorded in Instrument Number 678729, in the Official Public Records of Tom Green County, Texas;

WHEREAS, said hereinafter described property is being sold for less than the adjudged value

thereof or the amount of the judgments against said property recovered in the above numbered and entitled cause, whichever is lowest; and

WHEREAS, the herein described property is being sold to be used for a purpose consistent with

the City of San Angelo Urban Redevelopment Plan as provided for under V.T.C.A., Tax Code §34.051, “Resale by Taxing Unit for the Purpose of Urban Redevelopment” and as outlined in the Interlocal Agreement among the taxing entities and City of San Angelo’s Urban Redevelopment Program which are on file in the office of the City Clerk.

Know All By These Presents, the City of San Angelo, Trustee, acting by and through its Mayor,

City Manager or Assistant City Manager, duly authorized by a resolution passed December 7, 1999, for and in consideration of the sum of One Thousand Five Hundred dollars ($1,500.00) cash to it in hand paid by Bill Feist, a single person, receipt of which is hereby acknowledged, grants, sells, and conveys unto said Bill Feist, a single person, 1902 Country Club Estates Circle, San Angelo, Tom Green County, Texas, its successors and assigns with the restrictions and upon the conditions and covenants below stated, all the right, title, and interest of all the taxing units interested in the above mentioned tax foreclosure judgment in and to the certain lot(s), tract or parcel of land lying in Tom Green County, Texas, described as follows:

The South 65 feet of the North 125 feet of Lots 15 and 16, Block 19, Ellis Addition, City of San Angelo, Tom Green County, Texas; SAVE & EXCEPT however, a strip of land off of the West end of said portion of Lots 15 and 16, as described in Volume 691, Page 527, Deed Records of Tom Green County, Texas. Acct. #08-21900-0019-019-00

TO HAVE AND TO HOLD said premises, together with all and singular the rights, privileges,

and appurtenances thereto in any manner belonging unto said Bill Feist, a single person, its successors, and assigns forever, without express or implied warranty. All warranties which might arise by common law as well as the warranties in Section 5.023 of the Texas Property Code (or its successors) are excluded. However, this conveyance is expressly made on the condition that the property be used only for providing housing for families of low or moderate income, construction of such housing to be completed within three (3) years of the date of this Deed, such condition to be binding upon and to be observed by Grantee, its successors, and assigns. In the event of the violation or non-observance of this condition, Grantor, its successors, and assigns shall have the right to terminate the estate granted herein and to re-enter and re-take said premises. This conveyance is also subject to the owner’s right to redeem same in the manner and within the time prescribed by V.T.C.A., Tax Code §34.21.

This conveyance is made expressly subject to recorded restrictive covenants running with the land

and valid easements of record as of the date of this sale, if such covenants or easements were recorded prior to January 1 of the year the tax lien(s) arose.

WITNESS THE HAND AND SEAL of the City of San Angelo by Alvin New, Mayor, attested to by Alicia Ramirez, City Clerk, this the _____ day of _______________, 2012.

CITY OF SAN ANGELO The City of San Angelo, a Texas home-rule municipal corporation, for itself and as Trustee for any taxing authorities named in the Judgment

By: _____________________________ ATTEST: Alvin New, Mayor and

duly-authorized agent Alicia Ramirez, City Clerk

STATE OF TEXAS § § COUNTY OF TOM GREEN § This instrument was acknowledged before me on _____________________, 2012, by Alvin New, Mayor and duly-authorized agent of the City of San Angelo, a Texas home-rule municipal corporation, on behalf of such corporation and as Trustee for any taxing authorities named in the Judgment identified in the above instrument. __________________________________ Notary Public, State of Texas After recording return to:

S 65' of N 125' of Lots 15 & 16, Block 19, Ellis Addition - 405 N Emerson Street 65' x 100'

City Address Points


City Limits

Streets 4514

Ownership Parcels

Platted Lot Lines


Right of Way

Street Pavement

July 23, 20120 0.04 0.080.02 mi

0 0.065 0.130.0325 km

1:2,398

Legal Description:

Improved or Unimproved:Tax Suit Number:

Location:

Size/Dimensions:City of San Angelo vs.

Tax ID Number:

Judgment Date:



2 1/2 YRSAdjudge Value: $5,130.00 YESAmount of Offer: $1,500.00

Priority % of Pro Rata Amounts

Fees Priority Judgment

Judgment Allocations Remainder Allocations Distributed

Administration Fee 350.00$ 350.00$ 0.00% 350.00$ Maintenance Fee -$ 0.00% -$ District Clerk 333.00$ 333.00$ 0.00% 333.00$ Sheriff's Fee 100.00$ 100.00$ 0.00% 100.00$ Attorney Fee 365.00$ 365.00$ 0.00% 365.00$ Municipal Liens 410.91$ 9.49% 33.39$ 33.39$ Taxes 3,921.00$ 90.51% 318.61$ 318.61$ Total 350.00$ 798.00$ 4,331.91$ 1,148.00$ 100.00% 352.00$ 1,500.00$ Actual Total Amt Due 5,479.91$ Amount Remaining $352.00

Years Held in Trust

Purchased under Urban Redevlopment?

Amounts Due

Under Tex. Tax Code §34.051 a municipality is authorized to resell tax foreclosed property for less than the market value specified in the judgment of foreclosure or less than the total amount of the judgments against the property if consent to the

conveyance is evidenced by an Interlocal Agreement between the municipality and each taxing unit that is a party to the judgment.

65' x 100'Eugene D. Beard Acct. #7165

08-21900-0019-019-00

June 30, 2009

October 2, 2009

November 23, 2009

405 N Emerson Street

PROPERTY ANALYSISFor Tax Resale Property:

The South 65 feet of the North 125 feet of Lots 15 and 16, Block 19, Ellis Addition, City of San Angelo, Tom Green County, Texas; SAVE & EXCEPT however, a strip of land off of the West end of said portion of Lots 15 and 16, as described in Volume 691, Page 527, Deed

Records of Tom Green County, Texas.

Unimproved

B-07-0024-T


FOR THE PURPOSE OF URBAN REDEVELOPMENT

WHEREAS, on the day of , 2012, at a regularly scheduled meeting of the City Council of the City of San Angelo, Texas, there was presented to said Council the proposal for the City to sell certain parcels of land situated within the city limits of the City of San Angelo, Tom Green County, State of Texas, said parcel being more particularly described as follows:

The South 65 feet of the North 125 feet of Lots 15 and 16, Block 19, Ellis Addition, City of San Angelo, Tom Green County, Texas; SAVE & EXCEPT however, a strip of land off of the West end of said portion of Lots 15 and 16, as described in Volume 691, Page 527, Deed Records of Tom Green County, Texas.

WHEREAS, said lot(s) have been held by the City of San Angelo, as Trustee, by virtue of Sheriff’s Tax Deeds, duly recorded in the Official Public Records of Real Property, Tom Green County, Texas; and WHEREAS, the Congress of the United States of America has authorized under Title 1 of the Housing and Community Development Act of 1974, Public Law 93-383, as amended; 42 U.S.C. Sec 5301, as amended through the Housing and Community Development Act of 1992, establishes a program of community development block grants for the specific purpose of developing viable communities by providing decent housing and suitable living environments and expanding economic opportunities principally for persons of low and moderate income; and WHEREAS, under the Tex. Tax Code §34.051 a municipality is authorized to resell tax foreclosed property for less than the market value specified in the judgment of foreclosure or less than the total amount of the judgments against the property if consent to the conveyance is evidenced by and Interlocal agreement between the municipality and each taxing unit that is a party to the judgment; and WHEREAS, the CITY OF SAN ANGELO, TEXAS, a municipal corporation situated in Tom Green County, TOM GREEN COUNTY, a political subdivision of the State of Texas, SAN ANGELO INDEPENDENT SCHOOL DISTRICT, a political subdivision of the State of Texas, TOM GREEN COUNTY APPRAISAL DISTRICT, success or in interest to COUNTY EDUCATION DISTRICT #9, entered into an Interlocal Agreement executed on November 17, 1998; and

WHEREAS, the City of San Angelo Family Support Division authorizing the sale of the above described parcel and declares the agency mentioned below meet the specified criteria outlined under the Urban Redevelopment Program; and

WHEREAS, the City Council has determined that it is in the best interest of the City of San Angelo as Trustee to sell said lots(s) for said amounts that are less than the lesser of the market values specified in the Judgments of foreclosure or the amounts of the judgments against said properties;

NOW THEREFORE BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SAN ANGELO: That the Mayor of the City of San Angelo is hereby authorized in his capacity as representative of the City of San Angelo, as Trustee, to execute Quitclaim Deed to the above described parcel to BILL FEIST, a qualified home builder, for the consideration of ONE THOUSAND FIVE HUNDRED and 00/100 Dollars ($1,500.00) per lot and the sale of each parcel, for the stated consideration is hereby authorized and approved. APPROVED AND ADOPTED ON THE DAY OF , 2012.


______________________________

Alvin New, Mayor


MEMORANDUM

Date: August 8, 2012 To: Mayor and Councilmembers From: Luis Elguezabal, A.A.E., Airport Director Subject: Consideration for 08-21-12 meeting Contact: Luis Elguezabal, A.A.E., Airport, 325-659-6409 or extension-1010 Caption: Consent Agenda:

CONSIDERATION OF AUTHORIZING THE CITY MANAGER OR HIS DESIGNEE TO EXECUTE SUPPLEMENTAL LEASE AGREEMENT No. 3 TO LEASE GS-07B-15605, AND ALL RELATED DOCUMENTS, BETWEEN THE CITY OF SAN ANGELO AND GENERAL SERVICES ADMINISTRATION (GSA) AT SAN ANGELO REGIONAL AIRPORT.

Summary: GSA leases two areas at the airport on behalf of the Transportation Security Administration (TSA). Lease No. GS-07B-15605 expired on January 12, 2012. GSA is requesting a Supplemental Lease Agreement to extend the term of the lease for 24 months or pending the award of a long term lease.

Staff from the airport and Legal Department is currently working with GSA for a long

term lease. Financial Impact: The term of the lease will extend until January 2, 2014. A rate increase of 4.4%

will take place upon approval of this supplemental lease extension. Related Vision Item: None. Other Information/Recommendation: Staff recommends approval. Attachments: Supplemental Lease Agreement No. 3 and Resolution Presentation: None Publication: None Reviewed by Director: Luis Elguezabal, A.A.E., Airport, 08-08-12

A RESOLUTION OF THE CITY OF SAN ANGELO AUTHORIZING THE INTERIM CITY MANAGER OR HIS DESIGNEE TO EXECUTE SUPPLEMENTAL LEASE AGREEMENT NO. 3 EXTENDING THE TERM OF A LEASE AND ESTBLISHING ANNUAL RENT INCREASE WITH THE UNITED STATES OF AMERICA AS LESSEE, OF CERTAIN PROPERTY LOCATED AT 8618 TERMINAL CIRCLE, SAN ANGELO REGIONAL AIRPORT – MATHIS FIELD (AIRPORT)

WHEREAS the City of San Angelo (“City”) is owner 8618 Terminal Circle, San Angelo Regional Airport – Mathis Field (Airport), located in Tom Green County, Texas (“Premises”); and

WHEREAS United States of America, General Services Administration (GSA), leases an area

of 500 square feet at Airport on behalf of the Transportation Security Administration (TSA) under Lease No. GS-07B-15605; and

WHEREAS City and GSA desire(s) to amend said Lease to extend the term for a period of 24

months from January 3, 2012 to January 2, 2014, and provide rate increase; and WHEREAS City deems it advantageous to authorize the Interim City Manager or his designee

to execute supplemental lease agreement with Government for the lease of Premises;

NOW THEREFORE BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SAN ANGELO, TEXAS THAT: The Interim City Manager or his designee is hereby authorized to execute Supplemental Lease Agreement No. 3 with the United States of America, General Services Administration of the subject Premises, the substantial form of which is attached as Exhibit “A” to this resolution. 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 Luis Elguezabal, Director of Airport Lysia H. Bowling, City Attorney

MEMORANDUM

Date: August 8, 2012 To: Mayor and Councilmembers From: Luis Elguezabal, A.A.E., Airport Director Subject: Consideration for 8-21-12 meeting Contact: Luis Elguezabal, A.A.E., Airport, 325-659-6409 or extension-1010 Caption: Consent Agenda:

CONSIDERATION OF AUTHORIZING THE CITY MANAGER OR HIS DESIGNEE TO EXECUTE SUPPLEMENTAL LEASE AGREEMENT No. 1 TO LEASE SR75/63.846 AND ALL RELATED DOCUMENTS, BETWEEN THE CITY OF SAN ANGELO AND U.S. DEPARTMENT OF HOMELAND SECURITY AT SAN ANGELO REGIONAL AIRPORT.

Summary: U.S. Department of Homeland Security leases a 2.01 acre tract of airport land on 5575 Stewart Lane. Lease No. SR75/63.846 expired on May 31, 2012. Homeland Security is requesting a Supplemental Lease Agreement to extend the term of the lease for 12 months or pending the award of a long term lease.

Financial Impact: The term of the lease will remain in place. Future rate increase will be added to

the long term lease. Related Vision Item: None. Other Information/Recommendation: Staff recommends approval. Attachments: Supplemental Lease Agreement No. 1 and Resolution Presentation: None Publication: None Reviewed by Director: Luis Elguezabal, A.A.E., Airport, 08-08-12

A RESOLUTION OF THE CITY OF SAN ANGELO AUTHORIZING THE INTERIM CITY MANAGER OR HIS DESIGNEE TO EXECUTE A SUPPLEMENTAL LEASE AGREEMENT EXTENDING THE TERM OF A LEASE WITH THE U.S. DEPARTMENT OF HOMELAND SECURITY IMMIGRATION AND CUSTOMS ENFORCEMENT AS LESSEE, OF CERTAIN PROPERTY LOCATED AT 5574 STEWART LANE, SAN ANGELO REGIONAL AIRPORT – MATHIS FIELD (AIRPORT)

WHEREAS the City of San Angelo (“City”) is owner 5575 Stewart Lane, San Angelo Regional Airport – Mathis Field (Airport), located in Tom Green County, Texas (“Premises”); and, WHEREAS City and United States of America, Department of Homeland Security,(“Government”) entered into a lease for Premises June 11, 2002. WHEREAS City and Government desire(s) to amend said lease extending the term for a period of one year; commencing effective as of the expiration of said Term as set forth in the lease (the “Extension Commencement Date”) and expiring on May 31, 2013 (the “Extension Expiration Date”) and, WHEREAS City deems it advantageous to authorize the Interim City Manager or his designee to execute a supplemental lease agreement with Government for the lease of Premises said lease attached to this resolution in Exhibit “A”; NOW THEREFORE BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SAN ANGELO, TEXAS THAT: The City Manager or his designee is hereby authorized to execute a Supplemental Lease Agreement with U. S. Department of Homeland Security of the subject Premises in substantially the form of Exhibit “A” attached to this resolution. 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 Luis Elguezabal, Director of Airport Lysia H. Bowling, City Attorney

City of San Angelo Civic Events Division

Memo Date: Aug. 10, 2012


From: Anthony Wilson, Civic Events Manager

Subject: Agenda Item for Aug. 21, 2012, Council Meeting

Contact: Anthony Wilson, Civic Events Manager, 234-0014


Consideration of adopting a Resolution authorizing the Interim City Manager to execute Amendments Number 1 to the Provenuemax Software Support and License Agreement and to the Provenuemax Online Ticketing Services Agreement with Tickets.Com, Inc., making provision for online ticket sales by amending the fees payable after the first year, extending the contract terms for an additional five years, and making other related amendments for the provision of said services.

Summary:

The City’s contract with tickets.com for its electronic event ticketing system expires on Nov. 30. We have negotiated an extension with tickets.com that locks in current rates for the next five years while adding two valuable services at no additional costs – an interactive seat map and a social media module.

History: The City in 2008 negotiated a contract with tickets.com for an electronic event ticketing system to sell tickets for events in City venues such as Foster Communications Coliseum, City Auditorium, the RiverStage and the McNease Convention Center. At that time, the City added online ticketing as an option for ticket buyers. That agreement expires on Nov. 30.

We have been pleased with the customer service tickets.com has provided to us and to our customers, although we and our customers have long wanted the ability to purchase a specific seat online. During our talks with tickets.com about a contract extension, the vendor offered to provide, at no additional cost, an “Interactive Seat Map” software license module. The ISM allows online ticket purchasers to view and select specific seats to an event. (Customers at our five outlets already have this capability.) We also negotiated to increase the number of seat configurations we get at no cost from five to 10.

Additionally, tickets.com will provide us – again at no charge -- with a “Social Media” software license module that allows online ticket purchasers the option to share the fact they have purchased a ticket to one of our events with their Facebook friends and Twitter followers. This is an excellent, no-cost marketing tool for us and our event promoters.

By agreeing to a five-year extension, we can lock into the current rate for the software support that tickets.com provides.

Financial Impact: Civic Events currently pays $1,899.16 per quarter for the software support tickets.com provides for our ticketing system. The current contract gives tickets.com the right to increase the fee up to 3% per year. By agreeing to a five-year extension, we can lock into the current rate with no increases through 2017.

There are no additional costs for the additional services and licenses tickets.com is providing to us. If we seek more than 10 seat configurations for the ISM, we pay

$200 for each additional configuration.

Related Vision Item

(if applicable):

N/A

Other Information/ Recommendation:

Staff recommends approval of the contract extension.

Attachments: Amendment to software support and license agreement Amendment to online ticketing service agreement Original software support and license agreement Original online ticketing service agreement Resolution

Presentation: N/A

Publication: N/A

Reviewed by Director:

Assistant City Manager Rick Weise, 657-4241

Approved by Legal: Yes

City of San Angelo Amendment 1 to OTSA Page 1 of 2

AMENDMENT NUMBER 1 TO THE PROVENUEMAX ONLINE

TICKETING SERVICES AGREEMENT

THIS AMENDMENT NUMBER 1 TO THE PROVENUEMAX ONLINE TICKETING SERVICES

AGREEMENT (“Amendment”) is effective as of the date of last signature hereto, by and between Tickets.com, Inc. (“TDC”), a Delaware corporation having its place of business at 555 Anton Boulevard, Costa Mesa, California 92626 and City of San Angelo (“Client”), having its place of business at 500 Rio Concho Drive, San Angelo, Texas 76903. WHEREAS, TDC and Client entered into a ProVenueMax Online Ticketing Services Agreement dated December 1, 2008 (the “Agreement”): and, WHEREAS, TDC and Client wish to amend the Agreement as set forth herein. NOW, THEREFORE, the parties do hereby mutually agree as follows: 1. Definitions. All capitalized terms not defined in this Amendment will bear the same meaning as set forth in

the Agreement. 2. Section 2 of the Agreement (“Term of Agreement”) is amended as follows: “TDC and Client agree that the current Renewal Term of the Agreement shall be extended through

November 30, 2017. Thereafter, this Agreement will be renewed automatically for successive two (2) year Renewal Terms unless cancelled in writing by either party no less than ninety (90) days prior to the expiration of the Renewal Term then in effect.”

3. Incorporation of Recitals. All facts set forth in the recitals of this Amendment are incorporated into this

Amendment and made a part hereof. 4. Section 13.A of the Agreement is amended by adding the following as the last sentence in said Section:

“Notwithstanding anything to the contrary in this Agreement, the parties agree that Client does not waive its sovereign immunity to suit.”

5. Section 20.A of the Agreement is amended by adding the following addresses for the parties:

“Tickets.com, Inc. City of San Angelo 555 Anton Boulevard, 11th Floor Attention: Civic Events Manager Costa Mesa, California 92626 500 Rio Concho Drive Attention: Legal Department San Angelo, Texas 76903

4. No further Amendment. With the exception of the foregoing, the terms and conditions of the Agreement

will remain unchanged.

City of San Angelo Amendment 1 to OTSA Page 2 of 2

The parties hereby indicate their agreement to this Amendment Number 1 by their signatures hereunder. CITY OF SAN ANGELO TICKETS.COM, INC. ______________________________________ ______________________________________ Michael Dane, Interim City Manager Authorized Signature ______________________________________ ______________________________________ Printed Name Printed Name ______________________________________ ______________________________________ Printed Title Printed Title Date: _________________________________ Date: _________________________________ APPROVED AS TO CONTENT APPROVED AS TO FORM Anthony Wilson, Civic Events Manager Dan T. Saluri, Sr. Assistant City Attorney

A RESOLUTION OF THE CITY OF SAN ANGELO AUTHORIZING THE CITY MANAGER TO EXECUTE AMENDMENTS NUMBER 1 TO THE PROVENUEMAX SOFTWARE SUPPORT AND LICENSE AGREEMENT AND TO THE PROVENUEMAX ONLINE TICKETING SERVICES AGREEMENT WITH TICKETS.COM, INC., MAKING PROVISION FOR ONLINE TICKET SALES BY AMENDING THE FEES PAYABLE AFTER THE FIRST YEAR, EXTENDING THE CONTRACT TERMS FOR AN ADDITIONAL FIVE YEARS, AND MAKING OTHER RELATED AMENDMENTS FOR THE PROVISION OF SAID SERVICES

WHEREAS, the Civic Events Division of the City of San Angelo fosters the promotion and accessibility of ticket sales for events taking place at City venues; and, WHEREAS, an important aspect of ticket sales for Civic Events is the availability of City venue event tickets online with an electronic ticketing system; and, WHEREAS, the City of San Angelo has contracted with Tickets.com, Inc. for several years for software licensing, support and ticketing services necessary for an electronic ticketing system; and, WHEREAS, Tickets.com, Inc. has provided suitable, high-quality services for an electronic ticketing system in the past: NOW THEREFORE BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SAN ANGELO, TEXAS THAT: The City Manager or his designee is authorized and directed to execute on behalf of the City of San Angelo, Amendment Number 1 to the ProVenueMax Software Support and License Agreement Number A101-1102, and Amendment Number 1 to the ProVenueMax Online Ticketing Services Agreement, amending the fees payable after the first year, extending the agreements for additional five year terms, and making other related amendments for the provision of said services. 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 Anthony Wilson, Civic Events Manager Lysia H. Bowling, City Attorney

City of San Angelo Amendment 1 to the SW Agreement Page 1 of 3

AMENDMENT NUMBER 1 TO THE PROVENUEMAX SOFTWARE SUPPORT AND

LICENSE AGREEMENT NUMBER A101-1102

THIS AMENDMENT NUMBER 1 TO THE PROVENUEMAX SOFTWARE SUPPORT AND LICENSE

AGREEMENT NUMBER A101-1102 (“Amendment”) is effective as of the date of last signature hereto, by and between Tickets.com, Inc. (“TDC”), a Delaware corporation having its place of business at 555 Anton Boulevard, Costa Mesa, California 92626 and City of San Angelo (“Client”), having its place of business at 500 Rio Concho Drive, San Angelo, Texas 76903. WHEREAS, TDC and Client entered into ProVenueMax Software Support and License Agreement Number A101-1102 dated December 1, 2008 (the “Agreement”): and, WHEREAS, TDC and Client wish to amend the Agreement as set forth herein. NOW, THEREFORE, the parties do hereby mutually agree as follows: 1. Definitions. All capitalized terms not defined in this Amendment will bear the same meaning as set forth in

the Agreement. 2. Section 5 of the Agreement (“Term of Agreement”) is amended as follows: “TDC and Client agree that the current Renewal Term of the Agreement shall be extended through

November 30, 2017. Thereafter, this Agreement will be renewed automatically for successive two (2) year Renewal Terms unless cancelled in writing by either party no less than ninety (90) days prior to the expiration of the Renewal Term then in effect.”

3. Section 6.A of the Agreement (“License Fee”) is amended to include the following:

“Addition of Interactive Seat Map and Social Media Software License Modules. Client agrees to pay TDC a one-time, non-refundable fee in the amount of $0.00 plus applicable tax for the addition of the “Interactive Seat Map” and “Social Media” Software license modules (each defined below) to Client’s ProVenueMax System. For purposes of this Agreement, the “Interactive Seat Map” (“ISM”) Software license module shall be defined as functionality which will allow a Ticket purchaser to view and select available seats to an Event through Client’s Online Ticket transaction page(s). The “Social Media” Software license module shall be defined as functionality that will provide a Ticket purchaser with an option to share information about a Ticket purchase to a Client Event on Facebook and/or Twitter social media websites (and other social media websites as TDC may add in the future at TDC’s sole discretion). Such option will be provided on the Client’s Online Ticket transaction confirmation page. As part of this addition, TDC support staff agrees to work with Client on dates and times as mutually agreed to remotely install any applicable Software upgrades and to build, change and otherwise configure the ProVenueMax System to display the Social Media option and up to ten (10) ISM seat configurations (each a “Space”) on Client’s applicable Online transaction pages. Requests for additional Spaces within the ISM functionality will be subject to TDC’s then current price.”


4. Section 6.B of the Agreement (“ProVenueMax Software Support Fee) is amended as follows: “Client will pay TDC a quarterly Software Support Fee in the amount of $1,899.16 plus applicable tax from

December 1, 2012 through November 30, 2017. In the event this Agreement is extended beyond November 30, 2017, TDC shall have the right to increase the applicable quarterly Software Support Fee by no more than three percent (3%) during each applicable December 1 through November 30 period this Agreement remains in effect.”

5. Exhibit A of the Agreement (“ProVenueMax System Specifications”) is amended and restated as follows: “SOFTWARE INCLUDED IN LICENSE: Number of Licenses Software License Modules 9 ProVenueMax Ticketing, 1 ProVenue Online Internet, ISM, Social Media HARDWARE LOCATION: 500 Rio Concho Drive, San Angelo, Texas 76903” 6. Section 7.B of the Agreement is restated to read as follows:

“The time for payment, overdue payment and interest on overdue payment provisions of the Texas Prompt Payment Act, Texas Government Code, Chapter 2251, Sections 2251.021, 2251.025 and 2251.027 shall apply with respect to overdue payments and the accrual of interest on overdue payments.”

7. Section 14.A of the Agreement is amended by adding the following as the last sentence in said Section: “Notwithstanding anything to the contrary in this Agreement, the parties agree that Client does not waive

its sovereign immunity to suit.” 8. Section 16 of the Agreement is amended by adding an additional paragraph “C” which shall read as

follows:

“C. TDC understands that Client is a government entity and is subject to the provisions of the Texas Public Information Act (“TPIA”). TDC acknowledges that compliance by Client with the TPIA may result in the release of information otherwise confidential under the provisions of this Agreement. The provisions of the TPIA shall prevail over any provision of this Agreement inconsistent with the TPIA. Client shall not be deemed by TDC to violate the confidentiality provisions of this Agreement for release of any information as permitted under the provisions of the TPIA and shall not claim or be entitled to any damages as a result thereof.”

9. Incorporation of Recitals. All facts set forth in the recitals of this Amendment are incorporated into this

Amendment and made a part hereof. 10. No further Amendment. With the exception of the foregoing, the terms and conditions of the Agreement

will remain unchanged.


The parties hereby indicate their agreement to this Amendment Number 1 by their signatures hereunder. CITY OF SAN ANGELO TICKETS.COM, INC. ______________________________________ ______________________________________ Michael Dane, Interim City Manager Authorized Signature ______________________________________ ______________________________________ Printed Name Printed Name ______________________________________ ______________________________________ Printed Title Printed Title Date: _________________________________ Date: _________________________________ APPROVED AS TO CONTENT APPROVED AS TO FORM Anthony Wilson, Civic Events Manager Dan T. Saluri, Sr. Assistant City Attorney

City of San Angelo






Caption: Consent

Consideration of adopting the following resolution: A RESOLUTION OF THE CITY OF SAN ANGELO AUTHORIZING THE CITY MANAGER OR HIS DESIGNEE TO EXECUTE A RELEASE OF RESTRICTION THAT PROHIBITS HUMAN HABITATION ON CERTAIN REAL PROPERTY GENERALLY KNOWN AS 1601 SOUTH CONCHO DRIVE AND AN ESCROW AGREEMENT WITH FIRST TITLE COMPANY AND PARTIES IN INTEREST, PROVIDING FOR THE HOLDING OF THE EXECUTED RELEASE OF RESTRICTION UNTIL SUCH TIME AS THE CITY WATER UTILITIES DEPARTMENT CONFIRMS THAT THE RESIDENTIAL STRUCTURE LOCATED ON SAID REAL PROPERTY HAS BEEN CONNECTED TO THE CITY’S SEWER MAIN

Summary: The City of San Angelo (City) is owner and developer of the Lake Nasworthy Addition, San Angelo, located in Tom Green County, Texas. Certain real property known as 1601 South Concho Drive is located on a slough extending south from Lake Nasworthy and is subject to a restriction placed thereon by the City of San Angelo prohibiting human habitation within 100 yards of the slough. The purpose of the restriction is to protect the slough from contamination which purpose would be served by the extension of a sewer main to connect the residential structure located on the subject property to the City sewer system, at the expense of the property owner. The property owner has made arrangement for the connection of the subject residential structure to the City sewer main, at the expense of the property owner, which plan will be served by authorizing execution of the Release of Restriction to be held in escrow until confirmation by the City Water Utilities Department that a proper connection of the residential structure to the City sewer main is completed;

History: On April 3, 1962 the City of San Angelo deeded certain real property to C.C. Ducote that included a restriction “ . . . that no human habitation shall or will be permitted or allowed within a distance of One Hundred (100) yards of any point of the ’slough’ around which Tract #2 above is situated . . . .” The subject parcel is a portion of Tract #2 described in that deed.

Financial Impact: None. All costs related to extension and connection to the City sewer main are to be borne by the property owner.

Related Vision Item

(if applicable):

N/A

Other Information/

Recommendation:

Staff recommends approval.

Attachments: Resolution, Escrow Agreement, and Release of Restrictions

Presentation: Will Wilde

Publication: N/A


Will Wilde

Approved by Legal: Dan T. Saluril, Assistant City Attorney

ESCROW AGREEMENT - PAGE 1 OF 2

ESCROW AGREEMENT Escrow Instruction to First Title Company of San Angelo, Texas Date: August 14, 2012 General File No. 2012-04094 Topal to Wilson 1601 South Concho Drive San Angelo, Texas We, Jack Topal, Successor Trustee of the Gayle George Trust dated October 10, 2011, (“Seller”), Debbie A. Wilson (“Buyer”) and the City of San Angelo (“City”), the undersigned, do hereby agree that First Title Company of San Angelo, Texas, (sometimes referred to herein as "escrow agent") shall retain in escrow out of the Seller’s proceeds from the closing of the above described file and transaction the sum of $39,291.50 cash and the sum of $2,350 cash and shall retain in escrow out of Buyer’s proceeds from the closing of the above described file and transaction the sum of $17,393.61 which shall be deposited into a non-interest bearing account, and which shall be held by the said escrow agent in escrow under the following instructions: 1. Simultaneously with the creation of this escrow, Escrow Agent shall pay to Darnell & Dickson Construction, Inc. the sum of $19,605.00 in payment of the deposit required pursuant to bid dated August 2, 2012, for services to be rendered by Darnell & Dickson in the construction of a sewer main to 1601 South Concho Drive, San Angelo, Tom Green County, Texas and pay to Knockout Plumbing the sum of $2,350 in payment of completing the connection of the sewer line. 2. Simultaneously with the creation of this escrow, Escrow Agent shall pay to Darnell & Dickson Construction, Inc. the sum of $17,393.61 in payment of services to be rendered by Darnell & Dickson pursuant to bid dated August 2, 2012 for construction of water service to 1601 South Concho Drive, San Angelo, Tom Green County, Texas. 3. Simultaneously with the creation of this escrow, the City shall deposit with Escrow Agent a release of the restriction held in favor of the City and covering the property at 1601 South Concho Drive, San Angelo, Tom Green County, Texas. 4. Upon written instruction signed by Darnell & Dickson that the work on the sewer main has been completed and accepted by the City, the escrow agent shall disburse the balance of the escrowed funds. 5. Upon written instruction signed by the City that the work on the sewer main has been completed and accepted by the City, the escrow agent shall release to buyer the release.

ESCROW AGREEMENT - PAGE 2 OF 2

This escrow deposit shall be subject, however, to the following terms, exceptions, provisions, and conditions, which are acceptable to and approved by all of the parties signing these instructions. 1. The escrow agent shall be liable as a depository only and shall not be responsible for the sufficiency or accuracy of the form, execution or validity of documents deposited hereunder, or any description of property or other thing therein, nor shall it be liable in any respect on account of the identity, authority, or rights of the persons executing or delivering or purporting to execute or deliver any such document or paper. 2. The escrow agent, as part of the consideration for the acceptance of this escrow, shall not be liable for any acts or omissions done in good faith, nor for any claims, demands or losses, nor for any damages made or suffered by any party to this escrow, excepting such as may arise through or be caused by its willful or gross negligence. 3. In accepting any funds or documents delivered hereunder it is agreed and understood between the parties hereto that the escrow agent will not be called upon to construe any contract or instrument deposited herewith, and shall be required to act in respect to the deposit herein made only upon the above described terms. 4. It is further understood and agreed between the parties that these instructions supersede any other contract with reference to this escrow deposit, in so far as said escrow agent is concerned, and that the said escrow agent may rely absolutely herein to the exclusion of any and all other agreements between the parties hereto. ___________________________________ ______________________________ Jack Topal, Successor Trustee of the Debbie A. Wilson Gayle George Trust dated October 10, 2011 City of San Angelo By: ________________________________ ACCEPTED: First Title Company By: _______________________________

RELEASE OF RESTRICTION

STATE OF TEXAS §

COUNTY OF TOM GREEN §

WHEREAS, the CITY OF SAN ANGELO did create a Restrictive Covenant against the construction of a structure for human habitation within 100 yards of slough as described Deed recorded in Vol. 439, Page 21, Deed Records, Tom Green County, Texas, said instrument covering lands situated in the following property in Tom Green County, Texas, to-wit:

Being an area of 6.426 acres of land out of Heirs of W. Spornhaun Survey 644, Abstract No. 1881, City of San Angelo, Tom Green County, Texas and said 6.426 acre tract also being out of and part of that certain 2.256 acre (Tract One), certain 1.023 acre (Tract Two), certain 0.039 acre (Tract Three) and certain 3.108 acre (Tract Four) described and recorded as Instrument No. 680939, Official Public Records of Real Property of Tom Green County, Texas:

Beginning at a 5/8" iron rod found for the northeast corner of said 2.256 acre (Tract One) and east northeast corner of this tract and from which the east common corner of Heirs of W. Sporhaun Survey 644 and Washington County School Land Survey 106 bears S. 29° 17' 43" E. 2083.30 feet per Volume 606, Page 359, Deed Records of Tom Green County, Texas;

Thence with the east line of this tract and said 2.256 acre (Tract One), S. 11° 57' 18" E. 191.15 feet to a 5/8" iron rod found for an angle corner, S. 01° 22' 42" W. 164.72 feet to a 5/8" iron rod found for the southeast corner of said 2.256 acre (Tract One) and northeast corner of said 0.039 acre (Tract Three);

Thence continuing with the east line of this tract and said 0.039 acre (Tract Three), S. 06° 07' 42" W. 11.20 feet to a 1/2" iron rod with cap set for the southeast corner of this tract and said 0.039 acre (Tract Three);

Thence with the south line of this tract and said 0.039 acre (Tract Three), S. 86° 28' 01" W. 65.62 feet to a 1/2" iron rod with cap set for angle corner, N. 82° 03' 37" W. 221.30 feet to a 1/2" iron rod with cap set for the south southwest corner of this tract and said 2.256 acre (Tract One);

Thence with a southerly west line of said 2.256 acre (Tract One), N. 14° 31' 07" E. 90.89 feet to a 1/2" iron rod with cap set for an angle corner of this tract and said 2.256 acre (Tract One);

Thence N. 71° 25' 39" W. 35.25 feet to a 5/8" iron rod found for angle corner of this tract and said 1.023 acre (Tract Two);

Thence with a south line of this tract, said 1.023 acre (Tract Two), N. 89° 00' 46" W. 105.45 feet to a 5/8" iron rod found for the southwest corner of said 1.023 acre (Tract Two) and southeast corner of said 3.108 acre (Tract Four);

Thence continuing with a south line of this tract and south line of said 3.108 acre (Tract Four), West 262.54 feet to a 1/2" iron rod with cap set for the west southwest corner of this tract and southwest corner of said 3.108 acre (Tract Four);

Thence with the west line of this tract, said 3.108 acre (Tract Four), N. 06° 29' 29" E. 680.49 feet to a 5/8" iron rod found for the northwest corner of this tract and said 3.108 acre (Tract Four) and being in the south southwest line of South Concho Drive;

Thence with the north or northeast line of this tract, said 3.108 acre (Tract Four), said 1.023 acre (Tract Two) and the southwest line of said South Concho Drive, S. 43° 36' 45" E. 428.31 feet to a 5/8" iron rod found for the northeast corner of said 1.023 acre (Tract Two) and an angle corner of this tract;

Thence with the east line of said 1.023 acre (Tract Two), S. 00° 05' 53" W. 125.31 feet to a 5/8" iron rod found for an ell corner of this tract and the northwest corner of said 2.256 acre (Tract One);

Thence with the north line of said 2.256 acre (Tract One), S. 89° 26' 07" E. 56.34 feet to a 5/8" iron rod found for angle corner, S. 88° 35' 59" E. 200.41 feet to the place of beginning and containing an area of 6.426 acres of land.

WHEREAS, sewer service is in the process of being connected from said real property to the city sewer system and said Restrictive Covenant is no longer necessary; and

WHEREAS, the City of San Angelo desires to release said restrictive convenant as created in the above-referenced instrument.

NOW THEREFORE, in consideration of the premises, the undersigned does hereby release and terminate the above described Restrictive Covenant.

CITY OF SAN ANGELO

By:_______________________________________ STATE OF TEXAS § COUNTY OF TOM GREEN §

This instrument was acknowledged before me, the undersigned authority, on this _____ day of August, 2012, by ____________________________, in the capacity therein stated and on behalf of the City of San Angelo.

_______________________________________ Notary Public / State of Texas

A RESOLUTION OF THE CITY OF SAN ANGELO AUTHORIZING THE CITY MANAGER OR HIS DESIGNEE TO EXECUTE A RELEASE OF RESTRICTION THAT PROHIBITS HUMAN HABITATION ON CERTAIN REAL PROPERTY GENERALLY KNOWN AS 1601 SOUTH CONCHO DRIVE AND AN ESCROW AGREEMENT WITH FIRST TITLE COMPANY AND PARTIES IN INTEREST, PROVIDING FOR THE HOLDING OF THE EXECUTED RELEASE OF RESTRICTION UNTIL SUCH TIME AS THE CITY WATER UTILITIES DEPARTMENT CONFIRMS THAT THE RESIDENTIAL STRUCTURE LOCATED ON SAID REAL PROPERTY HAS BEEN CONNECTED TO THE CITY’S SEWER MAIN

WHEREAS, the City of San Angelo (City) is owner and developer of the Lake Nasworthy Addition, San Angelo, located in Tom Green County, Texas (hereinafter “Subdivision”); and, WHEREAS, certain real property known as 1601 South Concho Drive is located on a slough extending south from Lake Nasworthy and is subject to a restriction placed thereon by the City of San Angelo prohibiting human habitation within 100 yards of the slough; and,

WHEREAS, the purpose of the restriction is to protect the slough from contamination which purpose would be served by the extension of a sewer main to connect the residential structure located on the property to the City sewer system, at the expense of the property owner; and,

WHEREAS the property owner has made arrangement for the connection of the

subject residential structure to the City sewer main, at the expense of the property owner, which plan will be served by authorizing execution of the Release of Restriction to be held in escrow until confirmation by the City Water Utilities Department that a proper connection of the residential structure to the City sewer main is completed; NOW THEREFORE BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SAN ANGELO, TEXAS THAT:

The City Manager or his designee is hereby authorized to negotiate and execute a Release of Restriction, releasing that certain real property generally known as 1601 South Concho Drive, San Angelo, Tom Green County, Texas, from the restriction prohibiting human habitation within a distance of one hundred yards of any point of the “slough” that extends from Lake Nasworthy and along or around said real property, the restriction being found within that certain Warranty Deed, filed for record in the Tom Green County Clerk’s Office, Deed Records, at Volume 439, Page 22, et. Seq.

The City Manager or his designee is further authorized to negotiate and execute

escrow instructions with interested parties and First Title Company for purposes of placing the executed Release of Restriction.in escrow until confirmation by the Water Utilities Department that the subject residential structure has been connected to the City sewer main. 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, Director of Water Utilities Lysia H. Bowling, City Attorney

City of San Angelo

Memo

Meeting Date: August 7, 2012

To: City Council members

From: Kevin Boyd, Planner

Subject: Z 12-08: Randy Bell, a request for approval of a zone change from General Commercial (CG) to Low Rise Multi-Family Residential (RM-1) to allow for household living on the following property:

Location: 5221 South Bryant Boulevard Frontage Road, located

approximately 215 feet south of the intersection of Kimrey Lane and South Bryant Boulevard Frontage Rd, more specifically the Windwood Subdivision, Section 1, Block 1, Lot 9 in southeastern San Angelo.

Purpose: Approval of this request would zone the property Low Rise

Multi-Family Residential (RM-1).

Contacts: Randy Bell, property owner 325-227-8985 Kevin Boyd, Planner 325-657-4210 AJ Fawver, Planning Manager 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 12-08: Randy Bell 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: 5221 South Bryant Boulevard Frontage Road, located approximately 215 feet south of the intersection of

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Kimrey Lane and South Bryant Boulevard Frontage Rd, more specifically the Windwood Subdivision, Section 1, Block 1, Lot 9 in southeastern San Angelo, changing the zoning classification from General Commercial (CG) to Low Rise Multi-Family Residential (RM-1) District; PROVIDING FOR SEVERABILITY AND PROVIDING A PENALTY

Summary: The City Council may:

(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 approving the proposed zone change.

On July 16, 2012, the Planning Commission recommended approval of this request by a vote of 6-0. History and Background:

General Information

Existing Zoning: General Commercial (CG) Existing Land Use: Vacant commercial property Surrounding Zoning/Land Use: North: General Commercial (CG) Vacant commercial land West: Zero Lot Line, Twinhome

and Townhome Residential (RS-3)

Windwood subdivision

South: Ranch & Estate (R&E) Drainage, vacant property East: Heavy Commercial (CH) South Bryant Boulevard Frontage

and South Bryant Boulevard

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Thoroughfares/Streets: South Bryant Boulevard Frontage and Kimrey Lane are defined as “local streets,” which carry light neighborhood traffic at lower speeds and generally connects to collector streets.

Nearby South Bryant Boulevard 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: In 1989, the parcel was annexed and

zoned as Ranch & Estate, part of the South Nasworthy Addition.

Applicable Regulations: Refer to minimum lot sizes of residential

districts, per Section 501. RM-1 allows construction of single-family

detached homes, accessory apartments, two-family dwellings, zero lot line dwellings, twinhomes, townhomes, multifamily dwellings and group living structures. This zoning district allows the most flexibility of housing stock selection of any residential zoning district, making it a good fit within a neighborhood center.

Development Standards: RM-1 requires a 25 feet front setback for

single-family, two-family, and multifamily residences. There is a 5 feet side setback for single-family and two-family residences (10 feet setback for multi-family residences and group homes). A 20 feet setback is required for rear setbacks, per Section 501.

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 RM-1 is 0.75, Section 501.

Vision Plan Map: Neighborhood Center Related Comp Plan

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Excerpts: “Promote better transition between nearby commercial and residential use of land and buildings.”

"Require a buffer separating commercial,

industrial, or agricultural zoned lands from neighborhoods."

"Promote neighborhood diversity and

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

"...encourage appropriate and supportive

infill development at Neighborhood Centers."

"Promote a mix of various uses...to

encourage the necessary infill...for Neighborhood Centers."

"Establish transition areas to better "scale-

down" intensity of use from commercial centers to neighborhoods."

"...this [access to Neighborhood Centers]

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

"...slowly reorganize commercial corridors

into clusters..." "Create new physical connections to

neighborhoods lined with transitional and intermediate uses."

"Variety of residential product types - multi-family, townhomes, courtyard homes, patio homes, etc."

Special Information

Traffic Concerns: Changing the zoning from commercial to residential will potentially reduce the

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volume of traffic than if the property remained as-is. Since the lot remains vacant, no traffic is generated by the site.

Parking Requirements: Varies depending upon the use of the

property. See Section 511. Parking Provided: Currently, there is no designated parking

on the site. Density: Surrounding uses are predominately low-

density commercial and residential. The Vision Plan also calls for a continuation of the future development of this area as a neighborhood center. The range of densities allowed in this RM-1 zoning district creates an appropriate "step-down" in intensity between the CG zoning and the surrounding residential development. It also breaks up the commercial strip zoning likely to continue if land to the south is eventually zoned commercial.

Notification Required: Yes Notifications Sent: 5

Responses in Favor: 0 Responses in Opposition: 0

Analysis:

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

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

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

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

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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. The subject property, located south of the corner of South Bryant Boulevard Frontage and Kimrey Lane, is currently zoned General Commercial (CG). Positioned alongside South Bryant Boulevard and just north of US 277/87 interchange, it is highly accessible and visible from the major arterial. The applicant seeks a zone change to Low Rise Multi-Family Residential (RM-1), which would allow for a variety of residential types, as outlined above. In assessing aspects of the request, including the location of the site, surrounding uses, and the Vision Plan, planning staff feels confident that the zone change requested is appropriate for the property. Recent growth in the area immediately south of downtown, along South Bryant Boulevard and the US 277/87 interchange of Houston Harte Expressway and Bryant Boulevard, has transformed much of the vast open space into single-family housing and low-density commercial development. Bounded by the interchange of the major roadways and the South Concho River that channels to the north and west, the area immediately surrounding the subject property is quickly becoming a newly emerging residential community. Adjacent to the subject property to the west is the Windwood Subdivision which is comprised of several residential lots zoned RS-3, or Zero Lot Line, Twinhome & Townhome Residential. Relative to the subject property, new residential development also extends further west along Ben Ficklin Road. The prime location of the property, south of the intersection of Kimrey Lane and South Bryant Street, makes it more conducive to more intensive development which a zone change to Low Rise Multi-Family Residential (RM-1) adequately provides. Of the residential districts, RM-1 zoning is rather intensive in nature as it allows for the

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medium density residential development. The FAR or floor area ratio in RM-1 is 0.75, which means that up to 75 of the total lot could be developed. With regards to buildable space, the proposed zone change serves as a great transition to surrounding zones, RS-3 and R&E, which have a FARs of 0.60 and 0.20, respectively. The Vision Plan envisions the subject property to reflect neighborhood center development. Neighborhood Center allows for medium-density commercial and residential development with the purpose to create pedestrian-friendly environments, blend different uses, and improve connectivity between spaces. The Plan calls for the areas immediately south of the subject property and north of the intersection of South Bryant Boulevard Frontage and Kimrey Lane to emerge as commercial districts. The zone change to RM-1 would allow for more intensive residential development to encourage such commercial development while stimulating walkability and increased synergy between uses. Important in our decision is the ratio of residential and commercial zoning, relative to the Comprehensive Plan. In analysis of the area, staff believes that the proposal to dedicate more land for residential uses would be a step in the right direction. A sizeable swath of land around the subject property is currently zoned Ranch and Estate, partly because R&E is designated as a holding zone for newly annexed properties within the city as per Section 303.A. of the Zoning Ordinance. R&E is the most stringent residential zone that only allows for single-family detached housing. The Vision calls for nearly all of the surrounding R&E zoned properties to be zoned for commercial uses. Considering aspects of the Vision Plan, the proposal to change the property from General Commercial (CG) to Low Multi-Family Residential (RM-1) would achieve a balance more appropriate for the area. Planning staff feels the RM-1 zoning in the area can potentially provide an alternative choices in housing construction, since the zoning district is largely absent from the area. Moreover, the severe lack of intensive residential zoning in an entire area can lead to inequalities in housing. Approval of the zone change to RM-1 offers a wide range of choices for residential development, which provides the opportunity for a more diversified housing stock. It's also important to note that no other RM-1 zoning districts exist within a 1.5 mile radius of the site. In order to get to a more diverse housing stock in all sectors of the community, zoning must be used to create these opportunities. Proposed Conditions

N/A

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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; and aerial photo, highlighting subject property.

Presentation: AJ Fawver, AICP, Planning Manager Reviewed by: AJ Fawver, AICP, Planning Manager (07/10/12)

V. Requests for zone change. [Planning Commission makes recommendation; City Council has final authority for approval.] A. Z 12-08: Randy Bell

A request for approval of a zone change from General Commercial (CG) to Low Rise Multi-Family Residential (RM-1) to allow for household living on the following property:

5221 South Bryant Boulevard Frontage Road, located approximately 215 feet south of the intersection of Kimrey Lane and South Bryant Boulevard Frontage Rd, more specifically the Windwood Subdivision, Section 1, Block 1, Lot 9 and southeastern San Angelo.

Kevin Boyd, Planner came forward to present the case, consistent with staff’s recommendation of approval. Five notices were sent to property owners as required by law and no notices were returned. Mr. Boyd went into some of the characteristics of the surrounding area including the zoning districts and land uses. He used maps and photos to orient the Commissioners with the site and noted that the land subject to this request was vacant at this time. The property is surrounded by what is generally described a residential property that is relatively low density and intensity at this time. The Vision Plan Map for this subject property calls for "Neighborhood Center", and the proposed RM-1 zoning meets this vision. Mr. Boyd reviewed the options available to the Commission regarding this request and the criteria to be considered. Mr. Boyd explained the criteria to be considered with the request and covered reasons why staff had recommended approval of this zone change, including that a multitude of housing options were available within RM-1 zoning and that this would meet the goal of higher-density residential development allowed for within areas envisioned as Neighborhood Centers. Sebastian Guerrero asked if the property was bordered by a canal to the south. After some discussion it was determined that this was indeed a drainage area. Mr. Lawrence asked if the fact that this could be zoned as residential property, thus implying the presence of children in the area, was considered by staff in the analysis of this request. Herb Hooker, representing the applicant Randy Bell, came forward and explained some background on the project and offered to answer any questions. Jennifer Boggs asked if there were any plans to mitigate the effect the canal could have on young children in the future. Mr. Hooker stated there were no plans to do so, but the subdivision to the north had not experienced any problems. He also stated there were no plans to clear cut the area and that it would remain as natural vegetation. It was also pointed out by Mr. Hooker that this canal is often times empty. There are plans to develop six residential lots in the future. Mr. Wynne asked if patio homes were planned. Mr. Hooker stated that this zoning was preferred as it presented his client with a variety of housing options and flexibility moving forward. Ultimately the development will look similar to a single- family residential development and not be subject to any Home Owner’s Association.

Mr. Grimes asked where the future driveway access would be located. Mr. Hooker stated the access to the property was from the frontage road and access to lots would conform to what fire protection deemed necessary. Mr. Lawrence asked staff if there was any control the Planning Commission or staff would have moving forward with the driveway access. Mr. Hintz stated that as long as the subdivision ordinance requirements were met regarding access, state law mandated approval of the subdivision. Al Torres came forward to discuss permitting of driveways if the property was not subdivided at this time. Mr. Hooker stated that the applicant is looking at subdividing shortly and that a flag lot configuration would likely be used. Mr. Lawrence asked staff if any liability was incurred by the city if a residential zoning would be approved near a water body. Mr. Hintz stated this would best be answered by legal staff for the city Motion, to approve as presented, was made by Joe Grimes and seconded by Jennifer Boggs. The motion passed unanimously 6-0.

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: 5221 South Bryant Boulevard Frontage Road, located approximately 215 feet south of the intersection of Kimrey Lane and South Bryant Boulevard Frontage Rd, more specifically the Windwood Subdivision, Section 1, Block 1, Lot 9 in southeastern San Angelo, changing the zoning classification from General Commercial (CG) to Low Rise Multi-Family Residence (RM-1) District; PROVIDING FOR SEVERABILITY AND PROVIDING A PENALTY

RE: Z 12-08: Randy Bell

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: 5221 South Bryant Boulevard Frontage Road, located approximately 215 feet south of the intersection of Kimrey Lane and South Bryant Boulevard Frontage Rd, more specifically the Windwood Subdivision, Section 1, Block 1, Lot 9 in southeastern San Angelo shall henceforth be permanently zoned as follows: Low Rise Multi-Family Residence (RM-1) District.

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

SECTION 2: That in all other respects, the use of the hereinabove described property shall be subject to all applicable regulations contained in Chapter 12 of the Code of Ordinances for the City of San Angelo, as amended.

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

SEVERABILITY: The terms and provisions of this Ordinance shall be deemed to be severable in that,

if any portion of this Ordinance shall be declared to be invalid, the same shall not affect the validity of the other provisions of this Ordinance.

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

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

INTRODUCED on the 7th day of August, 2012 and finally PASSED, APPROVED AND ADOPTED on this the 21th day of August, 2012.


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

City of San Angelo

Memo



From: Kari LeBoeuf, Planner

Subject: Z 12-05: COSA, a request for a Historic Overlay Zone on the following property:

Location: East 4th Street, the dedicated public right-of-way being approximately

60’ x 640’ and lying between its intersection with North Chadbourne Street eastward to its intersection with North Oakes Street, in central San Angelo.

Purpose: To preserve the historic brick portion of East 4th Street.

Contacts: Shawn Lewis, Director of Community & Economic Development 325-657-4210

AJ Fawver, Planning Manager 325-657-4210

Kari LeBoeuf, 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 12-05: City of San Angelo

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: East 4th Street, the brick portion of the dedicated public right-of-way being approximately 60’ x 640’ and lying between its intersection with North Chadbourne Street eastward to its intersection with North Oakes Street, in central San Angelo. adding the zoning classification

of Historic Overlay (HO) District; PROVIDING FOR SEVERABILITY AND PROVIDING A PENALTY


(1) approve of the proposed Historic Overlay; or

(2) deny of the proposed Historic Overlay. Recommendation: Planning staff recommends approving the proposed Historic Overlay. On July 19, 2012 The Historic Preservation Commission recommended approval of this request by a vote of 4-0.

History and Background:

General Information

Existing Zoning: a combination of General Commercial/Heavy

Commercial (CG/CH) and Light Manufacturing (ML).

Existing Land Use: Publicly dedicated right-of-way Surrounding Zoning/Land Use: North: ML Christian Outreach Thriftstore, Vacant land,

Western Wool & Mohair West: CG/CH, ML Habitat for Humanity, Masters Cabinet Shop,

Red Bird Gallery South: CG/CH, CBD R&S Cabinets, Vacant storefronts, vacant

warehouses East: ML Vacant Lots, Vacant warehouses, Central

High Freshman Campus

Thoroughfares/Streets: East 4th Street is classified as a “local” street which carries light neighborhood traffic at lower speeds and generally connects to collector streets.

Applicable Regulations: Zoning Ordinance Section 211. Historic Overlay Zone

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

Development Standards: “Local” Street – Urban Subdivision

Required Right-of-Way Width – 50’ Actual Right-of-Way Width – 80’ Required Paving Width – 36’ with sidewalk Actual Paving Width – 57’ on the west end of the

street segment and 44’ on the east end Vision Plan Map: Downtown Comp Plan Excerpts: Comprehensive Plan 2003 Goal 1: Objective A: “Create an aesthetic and physically appealing

character in the Central Business District that creates a unique destination for visitors.”

Goal 4: Objective A: “Promote and maintain the Central Business

District’s historic, architectural, and cultural characher.”

Traffic Concerns: None Notification Required: Yes Notifications Sent: 18

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 one or more of the following are true:

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;

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

The staff recommendation is based upon the statements listed below.

During the course of the 2006 Phase I Historic Resources Survey, volunteers and professionals documented and evaluated 7 non-building resources, including the one remaining brick street in San Angelo which was documented for the first time. The application of a Historic Overlay Zone will help ensure that any material construction, reconstruction, alteration, restoration, or rehabilitation of this brick portion of the publicly dedicated right-of-way East 4th Street does not detract from its historic integrity. The brick portion of East 4th Street was designated as a medium priority resource. If this Historic Overlay Zone is approved, then any such construction, reconstruction, alteration, restoration, or rehabilitation must have a “Certificate of Appropriateness” (CA) approved by the Historic Preservation Commission. This would mean that the City would need to delay any maintenance to the street, water mains, or sewer mains until the CA was obtained. Section 211.C. of San Angelo’s Zoning Ordinance addresses the Historic Overlay classification and states specifically that a historic landmark may be so designated only if it meets one or more of the eight (8) criteria listed above. This brick portion of East 4th Street complies with two of the criteria for historic landmark designation listed above and therefore is eligible to be classified as an historic landmark. It meets the fourth criteria in that the brick portion of East 4th Street “embodies the distinctive characteristics of a type, period, or method of construction” that we no longer see anywhere else in the city. It also meets the sixth criteria in that this brick street “represents an established and familiar visual feature of the city.” There are several existing historic landmarks already in this area. Adding a historic overlay zone will place this historic street in good company and will help further the sense of continuity and identity in the downtown area.

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; and draft ordinance. Presentation: AJ Fawver, Planning Manager Reviewed by: AJ Fawver, Planning Manager (05/14/12)

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: East 4th Street, the dedicated public right-of-way being approximately 60’ x 640’ and lying between its intersection with North Chadbourne Street eastward to its intersection with North Oakes Street, adding the zoning classification of Historic Overlay (HO) District; PROVIDING FOR SEVERABILITY AND PROVIDING A PENALTY

RE: Z 12-05: 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: East 4th Street, the dedicated public right-of-way being approximately 60’ x 640’ and lying between its intersection with North Chadbourne Street eastward to its intersection with North Oakes Street, shall henceforth be permanently zoned as follows: Historic Overlay (HO) District.

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

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

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

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

SEVERABILITY: The terms and provisions of this Ordinance shall be deemed to be severable in that,

if any portion of this Ordinance shall be declared to be invalid, the same shall not affect the validity of the other provisions of this Ordinance.

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

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

INTRODUCED on the 7th day of August, 2012 and finally PASSED, APPROVED AND ADOPTED on this the 21st day of June, 2012.


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

SAN ANGELO CONVENTION & VISITORS BUREAU

2012 2nd Quarter Report

April - June

1. Convention Activities ………………………………. 1 - 11

2. Marketing and Promotions ………………………… 12 - 33

3. Financials …………………………………………… 34 - 37

4. Visitor Statistics ……………………………………..38 - 42

CONVENTION ACTIVITIES

SAN AIYGELOCOIYVEIYTIOIV & WSITORS BUREAU

2012 2nd QuarterApril-June

Assisted with 30 conventions, meetings, sporting events or

motor coach tours

o Projected attendance: 22.522

o Projected room nights: 4^200

o Average length of days spent: 2-5 days

o Total Economic Impact: $4.372^676

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San Angelo Convention Visitors Bureau

STR Smith Travel Research - June 2012

Percent Change from June 2011

2012 2011 2012 2011 2012 2011 Occ ADR RevPAR Room Rev Room Avail Room Sold

San Angelo 84.6 72.0 78.13 71.23 66.08 51.32 17.4 9.7 28.8 28.8 0.0 17.4

Abilene 63.4 67.2 75.06 74.42 47.60 50.03 -5.7 0.9 -4.9 -2.8 2.2 -3.6

Midland 82.5 80.5 131.32 87.12 108.29 70.12 2.5 50.7 54.4 60.2 3.7 6.3

Odessa 88.7 85.1 129.12 81.45 114.50 69.27 4.3 58.5 65.3 65.4 0.0 4.3

Lubbock 71.3 67.9 76.19 73.60 54.31 50.01 4.9 3.5 8.6 11.2 2.4 7.4

Kerrville 57.7 53.5 80.29 80.39 46.35 42.99 8.0 -0.1 7.8 7.8 0.0 8.0

Amarillo 73.6 77.2 73.68 71.28 54.24 55.00 -4.6 3.4 -1.4 8.2 9.7 4.7

Wichita Falls 58.2 57.9 64.97 65.90 37.79 38.18 0.4 -1.4 -1.0 -1.1 -0.0 0.4

Killeen 82.0 71.3 75.95 71.74 62.26 51.17 14.9 5.9 21.7 21.7 0.0 14.9

Longview 61.2 58.4 65.64 63.59 40.18 37.16 4.7 3.2 8.1 8.1 0.0 4.7

Percent Change from YTD 2011

2012 2011 2012 2011 2012 2011 Occ ADR RevPAR Room Rev Room Avail Room Sold

San Angelo 72.3 62.5 75.62 70.30 54.67 43.96 15.6 7.6 24.4 24.3 -0.0 15.6

Abilene 54.1 57.2 74.08 72.59 40.05 41.50 -5.5 2.1 -3.5 -1.4 2.2 -3.4

Midland 82.8 71.9 117.71 81.06 97.44 58.28 15.1 45.2 67.2 68.3 0.6 15.9

Odessa 86.9 78.7 114.82 76.17 99.82 59.91 10.5 50.7 66.6 68.6 1.2 11.9

Lubbock 62.5 62.8 75.78 72.83 47.37 45.73 -0.4 4.0 3.6 5.4 1.7 1.3

Kerrville 46.2 45.0 75.18 74.85 34.73 33.69 2.6 0.4 3.1 3.5 0.4 3.1

Amarillo 58.2 59.7 69.24 66.84 40.31 39.88 -2.4 3.6 1.1 6.7 5.5 3.0

Wichita Falls 48.5 48.8 63.87 63.82 30.96 31.15 -0.7 0.1 -0.6 -2.2 -1.6 -2.3

Killeen 63.7 59.4 69.50 70.64 44.27 41.96 7.3 -1.6 5.5 1.6 -3.7 3.3

Longview 55.7 54.9 64.67 62.23 36.05 34.16 1.6 3.9 5.5 6.7 1.1 2.7

Census Sample Census Sample

San Angelo 24 18 1956 1533

Abilene 43 26 3366 2083

Midland 35 18 2889 1735

Odessa 33 18 2652 1932

Lubbock 57 39 5072 3925

Kerrville 14 10 1092 864

Amarillo 68 43 5926 4313

Wichita Falls 27 21 2330 1973

Killeen 34 21 2279 1571

Longview 36 20 2484 1412

RoomsProperties

Participation

RevPARADROcc %

Current Month - June 2012 vs June 2011

RevPARADROcc %

Year to Date - June 2012 vs June 2011

12

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APRIL 5,6,17,20,

SOFTBALL

For Scheduling info:

325-942-2583

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APRIL 14TH

FAMILY DAY AT THE SAN ANGELO

MUSEUM OF FINE ARTS Celebrate Chinese New Year

FMI: 325-653-3333

Games for the kids* Cars * Boats* Cycles

FMI: 949-1947

United States Tennis Association

Adult Major Zone

Tennis Tournament

APRIL 20TH & 21ST

Bentwood Country Club

FMI: 325-949-1534

APRIL 22ND

22ND ANNUAL CHILDREN’S FAIR

12:00 PM – 5:00 PM

College Hills Park

FMI: 325-658-2771

Petting Zoo, Games, Food, Balloons & More

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SIMPLY SINATRA

San Angelo Symphony

April 28th

April 28th ASU Junell Center 8:00 pm 325-658-5877

15

http://www.google.com/imgres?imgurl=http://www.dogclipart.com/dog_clipart_images/cute_little_weiner_dog_in_silhouette_with_dachshund_text_0515-1006-2916-5446_SMU.jpg&imgrefurl=http://www.dogclipart.com/dog_clipart_images/cute_little_weiner_dog_in_silhouette_with_dachshund_text_0515-1006-2916-5446.html&h=234&w=300&sz=12&tbnid=tv-VK7F7ch_hsM:&tbnh=90&tbnw=115&prev=/search?q=wiener+dog+clipart&tbm=isch&tbo=u&zoom=1&q=wiener+dog+clipart&docid=rSBw3fjA_d_Z4M&sa=X&ei=XrBwT5rwLuG50AGVppHgBg&ved=0CDIQ9QEwAQ&dur=1219

TEXAS MESQUITE ART FESTIVAL SAN ANGELO MUSEUM OF FINE ARTS

CERAMIC INVITATIONAL

DOWNTOWN ART WALK

CONCHO VALLEY

BLUEGRASS FESTIVAL

SAN ANGELO WINE & FOOD FESTIVAL

OLD TOWN FESTIVAL

CHICKEN FARM ART CENTER

Chalk-fest art in unCommon plaCes

SEE

BACK FOR

DETAILS

San angelo Symphony

“Simply Sinatra”

16

17

http://www.chickenfarmartcenter.com/

mailto:[email protected]

http://www.downtownsanangelo.com/

http://www.fortconcho.com/

http://www.samfa.org/

http://www.sanangeloarts.com/

MMMaaayyy 333 --- 555

Angelo Civic 1936 Sherwood Way

Theatre presents

For Schedule:

325-949-4400

May 5

First Saturday at

Chicken Farm

Art Center 2505 Martin Luther King Blvd.

www.chickenfarmartcenter.com

3 25 - 6 5 3 - 4 9 3 6

Throughout the month of MAY

San Angelo Museum of Fine Arts

hosts ceramic arts exhibit.

FMI: 653-3333

www.samfa.org

May 6

Play it Again Concert

2:00 pm

West Texas Jazz Orchestra at the San Angelo Museum of Fine

Arts

FMI: 325-653-3333

www.samfa.org

- MAY 11

Rotary Golf Tourney

Quicksand Golf Course

12:00 pm

FMI: 325-655-7554

MAY 12

Simply

Texas Blues

Festival

200 block of

Oakes &

Twohig

Streets

9am – 12am

325-245-3248

MMaayy 1122

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McNease ConventionCenter

500 Rio Concho Dr.

6:30 pm

FMI: 325-651-3333

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May 18 – 20

2012 Main Stage Production

HAIRSPRAY

by San Angelo Broadway Academy

Scheduling info: 325-763-7222

www.angelocivictheatre.org

18

http://www.chickenfarmartcenter.com/

MAY 19

FORT CONCHO

Armed Forces Day

FMI: 325- 481-2646 WWW.FORTCONCHO.COM

MAY 28 630 S. Oakes

MEMORIAL DAY EXERCISES

FORT CONCHO 9-10 am

eastern end of parade grounds

FMI: 325-481-2646

MAY 5 – 8

All Day Baseball Tourney

For schedule: www.angelo.edu/events

S P O R T S

May 25

San Angelo Concert Series

Johnsmith performing at

Emanuel Church, 3 S. Randolph Near corner of Harris and N. Bryant

FMI: 325- 653-6793 www.sanangeloarts.com

MAY 5TH

Military Firefighters

Heritage Foundation

Ball & Casino Night

McNease Convention Cntr. 500 Rio Concho Drive

6:00 PM – 11:30 PM Tickets: $30 FMI: 325-658-6464

May 11th

“Electrify Your Strings”

Rock Violinist

MARK WOOD

Performs with Lee Middle

School Orchestra & Choir

7:30 pm Foster Communications Coliseum

Tickets: Students $5 Adults $12 VIP $15

THROUGHOUT MAY

ASU’s Planetarium features MarsQuest Cosmic Journey &

Clockwork Universe For schedule & information: 325-942-2188 2333 Vanderventer Street

Happy Mothers Day

MAY 13th

19

THROUGHOUT JUNE

19TH San Angelo National Ceramic Exhibit

FMI: 325-653-3333

WWW.SAMFA.ORG

Wooly Bully Series—

JUNE 16th

Muttin Bustin’,

Stick Horse &

Barrel Races,

Boot Scramble

& more!

DETAILS:

325-655-2345

Downtown art walk Galleries * exhibits *

dining * shopping * Music * free trolley & more!

THROUGHOUT JUNE

Tues/Thur/Sat

CONCHO VALLEY

FARMER’S MARKET

609 s. Oakes

FMI: 325-651-4560

JUNE 4th– 9th

RANGE DAY CAMP—STATE PARK

FMI: 325-947-2687

J U N E 4 B a p t i s t Re t i r em e n t

C o m m u n i t y G o l f C la s s i c FMI: 214-758-8017

chickenfarmartcenter.com

june 21

20

JUNE 7-10 Texas State Sporting Clay Shoot

Hosted by San Angelo Claybird Association FMI: 325-223-1200

June 9TH

Annual bulldog car, truck and bike show

Best Buy Parking Lot FMI: 325-262-2130

JUNE 9TH

Old Town 2nd Saturdays Marketplace with music,

vendors, and more!

MI: 325-658-1714 [email protected]

JUNE 9TH HOBO FESTIVAL Railxay Mvsevm of San Antelo Mvsic, children’s acuiwiuies, crafu markeu Varieuy of food iuems, enueruainmenu & more FMI: 325-6556-2067

SHOWDOWN

IN SAN ANGELO

DRAG BOAT DRAG BOAT

RACESRACES

June 22nd-24th

Lake Nasworthy

FMI: 325-655-4136 www.visitsanangelo.org

SUMMER KIDS WORLD—SUNSET MALL

JUNE 12, 19, 26

TUESDAY 2– 3 PM

FMI: 325-949-1947

Kids 12 & under

SUMMER FUN AT THE FORT

JUNE 11: Sewing

JUNE 20: Native Plants

JUNE 28: Come into my Kitchen

FMI: 325-657-4441

[email protected]

KIDS: 6 - 12 years of age

QUILTING VENDORS and SUPPLIERS SHOW

JUNE 22—23

At Fort Concho Commissary Building

(Burgess & Flipper Streets)

9:00 am - 5:00 pm

FMI: 325-388-5225

SUMMER MUSIC, ART AND CRAFT FESTIVAL - STATE PARK

362 S fm Rd. 2288 (South Entrance)

Featuring: local musicians and artists.

FREE AND OPEN TO THE PUBLIC

FMI: 325-527-9480

JUNE 23-24 All Day San Angelo Radio Club Field Day - FREE Parade Ground at Fort Concho Displays of field radio

equipment

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24

Experience our History

For Details:1-800-375-1206

www.visitsanangelo.org

From West Texas Ranching Heritage - To Early Downtown Development - To Early Transportation

REVEL IN OUR PRESENT • One of America’s Dozen Distinctive

Cities• Preserve America Award• First Lady of Texas “Texas Treasure

Award”• Home of TEXAS DAWN official

state water lily • Top 10 city for job growth• 6th best city for Military Retirement

SAN ANGELO Downhome.Uptown.Goodtimes

TX HWYS August2012.indd 1 5/31/2012 9:19:22 AM25

Summer Celebration F u n . . F a n f a r e . . F i r e w o r k s ! !

3rd Thursdays DOWNTOWN ART WALK 1st Saturdays CHICKEN FARM ART CENTER 2nd Saturdays OLDTOWN FESTIVAL June 22 - 24 SHOWDOWN IN SAN ANGELO DRAG BOAT RACES July 3rd SYMPHONY POPS CONCERT WITH FIREWORKS July 4th LAKE NASWORTHY FIREWORKS

FMI: 1-800-375-1206 VISITSANANGELO.ORG

Summer 2012.indd 1 2/14/2012 10:26:37 AM27

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29

REBIRTH * RENEWAL * REGROWTH

With the cold winter months behind it’s time to plan your “Spring

Break”. As temperatures rise and you are itching to be outdoors,

consider San Angelo for a multitude of venues to enjoy the warmth

of the sun and the warmth of our historic city.

Nature: Water Lily Collection - an extensive array of water lily

varieties in four designated pools.

Sports: Wild Turkey hunting season starts March 31st.

Baseball, Softball, Tennis, Boating, Fishing and more

Art & Culture:

Mesquite Art Festival - finest in mesquite wood works

Downtown Art Walk, 3rd Thursday of the month

San Angelo National Ceramic Competition

San Angelo Wine & Food Festival

Concho Valley Blue Grass Festival

San Angelo Symphony and Civic Ballet

Angelo Civic Theater

Chicken Farm Art Center

March*April*May 2012 Quarterly Publication

San Angelo - Spring Vacation Destination

“San Angelo is the place to come for a good time,

excellent education and medical facilities and

every recreational activity under the sun”.

City Mayor Alvin New

HIGHLIGHTS:

1-800-375-1206

www.visitsanangelo.org

Visit San Angelo Texas

San Angelo Museum of Fine Arts Fort Concho Chicken Farm Art Center Texas Bank Sports Complex

30

MARCH

Throughout season: Angelo State University

baseball/softball www.angelosports.com

3rd: *Crazy Desert Trail 50K Marathon & Half Marathon *1st Saturday at the Chicken Farm Art Center *Elegance & Beauty, San Angelo Symphony

9th: *Frontier Ladies Living History Conference

*Passport to Latin America, Convention Center

10th:*Family Day at the San Angelo Museum of Fine Arts

*Old Second Saturdays Marketplace

15th: *Downtown Art Walk

20th: *Civil War Symposium, Fort Concho

APRIL

13th: *Concho Valley Bluegrass Festival

14th: *Old Second Saturdays Marketplace


20th: *Texas Mesquite Art Festival

*19th National Ceramic Competition www.samfa.org

28th: *Fort Concho Frontier Day

*Simply Sinatra, San Angelo Symphony

MAY

5th: *1st Saturday at the Chicken Farm Art Center

12th: *Simply Texas Blues Festival


18th: *2012 Main Stage Production/HAIRSPRAY

28th: *Memorial Day Exercises, Fort Concho

Mark Your Calendar

1-800-375-1206 www.visitsanangelo.org

San Angelo Visitor Center

FOR DETAILS

ON THESE EVENTS

AND MORE…….

A Top 10 City for Job

Growth in Texas..USDOL

Preserve America City

One of the 2011 Dozen

Distinctive Destinations..

National Trust for Historic Preservation

6th Best City in America

For Military Retirement

USAA & military.com

March - May, 2012 Quarterly Publication

SAN ANGELO, TEXAS

31

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33

Convention & Visitors BureauOPERATING INCOME STATEMENT

FOR THE ONE MONTH AND THE SIX MONTHS ENDING JUNE 30,2012

INCOME:Hotel/Motel Tax Receiptslnterest lncomeVisitors Center Sales

Total lncome

OPERATING EXPENSES:Extra Help/Part{imeAdministrative WagesSocial SecurityBookkeeping & Administration FeeMedicareRetirement PlanUnemployment CompGroup lnsuranceAuditRenVStorage BldgFacility AgreementCornerstone ExpenseEquipment ExpenseGeneral lnsuranceUtilitiesPostageSecurityTelephoneComputers/Database SupportOffice SuppliesChristmas Lights ExpenseAutomobile AllowanceMaintenanceMiscellaneous Office SupportVolunteer Program

Total Operating Expenses

MARKETING/ADVERTISING :

Professional DuesProfessional Training/ConferencesSubscriptionsPostage/MarketingAdvertising/PublicityPublic RelationsTelephone (800 Number)Visitor Event lncentiveConvention Servicing SuppliesVisitor Center MerchandiseCVB WebsitePromotional ltemsPrinting/Brochure DevelopmentVisitors & Travel MarketingConvention & Travel Trade

4,960.64 16,000.00 36 5591,598.13 189,s00.00 48 685,972.88 11,800.00 52.218,499.96 17,000.00 s0.001,396.85 2,700.00 53.383,747.89 10,550.00 51 96

410 13 600.00 17 71

13,165.17 28,000.00 44 450.00 2,600.00 0 00

480.00 960.00 50.051,500.00 6,000.00 41.67150.00 200.00 537.77

6,296.49 '18,000.00 42.321,782.80 4,500.00 44 146,045.74 14,000 00 41.04921.38 2,400.00 19.50909.78 2,000 00 33.01

4,596.50 7,000 00 59.701,752.17 5,000.00 63.942,857.51 6,500.00 39.61

0.00 1,750.00 0.007,844.93 17,500.00 50.005,946.23 11,600.00 48.81

761.73 2,000.00 31.22

25.W 2,400.00 0.00

680.00 3,818.19 3,566.59 9,000.00 42.43

450,066.37 317,050.52 749,350.00 60.06

MONTHACTUAL

June

$ 99,1 24.33et oa

YEARTO DATE

2012

$ 446,080 57to /.o I

YEARTO DATE

2011

$ 313,31 .1 ,92

172 01

ANNUALBUDGET

2012

$ 740,000 00 -350.00

380,560 00

YEAR TO DATEPERCENT

2012

60 2848 03

46 71

99,837.3'l

745.5415,6'11 .94

1,031.261 ,416.66

241.19953.99

0.002,090.08

0,0080.00

500 00000

859.980.00

1,014.39101.02129.97573.24

2,566 98335.25

0.001,975.47

823.3378.73

0.00

0.000.00

14.950.00

10,202.93955.99

11.700.000.000.000.00

757.280.00

5,603.074,772.86

5,847.0892,257.096,160.458,499.961,440.815,481.40

106.0612,445.77

0.00480.00

2,500.001 ,070.177,617 481,985.805,745 52

467.80659.82

4,178.113,196.172,574.43

0.008,749.545,661.71

624.04000

31,129.02 177,749.21 171,621.96

1,9'10.00240.00117 .05

0.0065,121.57

2,158.7895.79

7,000.007,268.32

862 67402.50

4,948.690.00

12,485.0414,770.73

995.004,921.852,716.40

597 2656,819.044,706.41

158.642,000.006,293.201,315.90

240.008,128.51

0.003,304.80

20,973.36

6,000.004,500.005,000.003,800.00

172,000.005,000.00

400.0040,000.002s,000.00

6,000.003,000.00

11,000.0012,000.0013,000.0048,000.00

31.84Eaaa aA

00037 8643.1 824 01

17.5029.0714 38I J.4Z44.990.00

96.0530.77

34

Gonvention & Visitors BureauOPERATING INCOME STATEMENT

FOR THE ONE MONTH AND THE SIX MONTHS ENDING JUNE 30,2012

MONTH YEAR YEAR ANNUAL YEARTO DATEAcruAl t?&T= torlit= "ur?ir=t PERCENT

Trade Shows 1 ,899.00 6,640.05 4,266 68 13,000.00 51.08

Total Marketing/Advertising 24.217.78 124,021.19 117.437.05 367.700.00 33 73

TOTAL EXpENSES 55,346.80 301,770.40 289,059.01 748.260.00

opERATtNG BUDGET |NC/LOSS 44,4e0.51 148,2es.e7 27,esl.51 1,0e0.00

DESIGNATED FUNDS INCOME

Sports Fund Donations 2'000'00 19,345'64 0'00

Wayfinding Donations 0'00 0'00 0 00

TOTAL DESIGNATED FUND 2,000.00 1s,345.64 0.00

INCOME

DESIGNATED FUNDS EXPENSE

Sports Fund Expense

Wayfinding Signage Expense

CVB Bid lncentive Expenses

Community Events Expense

CVB Reserves Exp.

TOTAL DESIGNATED FUNDEXPENSE

SURPLUS (DEFTCTT)

0.00 6,500.00 9,500.00

0.00 0.00 0.00

0.00 0.00 0.00

0.00 2,500.00 0.00

0.00 0.00 0.00

0.00 9,000.00 9,500.00

46,490.51 158,641.61 18,491.51

35

Current AssetsPrimevest M/Mkt - 3 month working capitalCommunity Events Checking- Texas BankWayfinding Checks - First Financial BankSports Fund CheckingCash in Bank - First Financial Bank

Total Current Assets

Fixed AssetsProperty & EquipmentAccumulated Depreciation

Total Fixed Assets

TotalAssets

Convention & Visitors BureauBALANCE SHEET

As of June 3A,2012 and June 30,2011

Assets

Current Year

$ 153,683.66

40,814.46

4,496.7625,902.31

361,724.98

586,622.17

89,561 01(82 775 01\

5,786.00

$ 593,408.17

Liabilities and Fund Balance

(63.4e)

253,307.2251,522.4435,000.0055,000.3940,000.00

158,641 .61

593,471.66

l________5$,4Q&g

Prior Year

$ 153,668,7953,277.54

4,496.7623,749.21

214,867.88

450,060.18

89,561.0'1(73,029.64)

16,531.37

$ 466.591.55

$ 1,1 63.1 9

442.671,092.53

2,698.39

263,878.8251,522.4435,000.0055,000.3940,000.0018,491.5'1

463,893.16

_$_____409,591"J5_

Current LiabilitiesPayroll Tax PayableUnemployment - SUTA Tax PayableSales Tax Payable

Total Current Liabilities

Fund BalanceFund Balance - CVBFund Balance - Community EventsSports Promotion Fund BalanceFund Balance - Wayfinding ProjectFund Balance - CVB Bld lncentive ProjectEarnings Year to Date (Loss)

Total Fund Balance

Total Liabilities andFund Balance

$ (ee1.35)

0.69927.17

36

CONVENTION & VISITORS BUREAUINCOME, EXPENSE AND PROFIT/LOSS STATEMENT

FOR THE ONE MONTH AND THE SIX MONTHS ENDING JUNE 30, 2012

INCOME:HOTEL/MOTEL TAX RECEI PTSINTEREST INCOMEVISITORS CENTER SALESTOTAL INCOME

OPERATING EXPENSES:SALARIES & BENEFITSOVERHEADADMIN EXPENSETOTAL EXPENSES

MARKETING EXPENSES:MARKETING EXPENSESTOTAL PROGRAM EXPENSES

TOTAL EXPENSES

OPERATING INCOME(LOSS)

DESIGNATED FUND EXPENSESSports Fund ExpenseCommunity Events Expense

TOTAL DESIGNATED FUND EXPENSES

DESIGNATED FUNDS INCOMESports Fund DonationsWayfinding Donations

TOTAL DESIGNATED FUND INCOME

MONTH TO DATE

$ 99,1 24.33

32.98

680.0099,837.31

20,674.006,984.163 470 86

31,129.02

YEAR TO DATE

$ 446,080.57167,61

3,818 19

450,066.37

123,738.6636,'1 37.0117,873.54

177,749.21

24 217 78 124.021 .19

24.217.78

55,346.80

44,490.51

0000.000.00

2,000.000.00

2,000.00

124.021.',19

301,770.40

148,295.97

6,500.002.500.009,000.00

19,345.640.00

19,345.64

NET PROFTT/(LOSS) _s______19r99!! _$_____$q,q4=ql_

37

Walk-Ins By CiAEntered between 1/1/2012 and 6/30/2012

TX Only

Total Avg.StayVisitors (Day|

San Angelo Gonvention & Visitons Bureau

418 West Avenue BSan Angelo, TX 76903EMail : [email protected]

City CityTotal Avg.Stay

Visitors (Day|

Houston TX

San Antonio TX

Midland TX

Austin TX

Odessa TX

Lubbock TX

Abilene TX

Fort Worth TX

Waco TX

Big Spring TX

El Paso TX

240

172

174

141

135

103

91

80

59

53

52

50

49

43

41

41

34

30

29

28

23

23

21

20

19

19

18

18

17

17

16

3

3

2

2

2

2

2

3

3

2

I2

4

10

1

4

2

2

2

2

2

1

2

4

1

3

3

2

3

4

4

Rio Vista TX

Eagle Pass TX

No City TX

Riomedina TX

Bryan TX

Ft. Worth TX

Orange Grov TX

Bangs TX

Frisco TX

Kennedale TX

Wimberley TX

Wichita Falls TX

Midlothian TX

Alamo TX

Fort Stockton TX

Henderson TX

Bastrop TX

Junction TX

Cleburne TX

Lampasas TX

Spring TX

McKinney TX

lraan TX

Athens TX

Kerrville TX

Killeen TX

Denton TX

Kyle TX

Pflugerville TX

Navasota TX

Seguin TX

16

16

16

15

15

15

15

14

14

14

13

13

13

12

12

12

12

12

12

11

11

11

11

11

11

11

11

10

10

10

10

Del Rio TX

Laredo TX

Corpus Christ TX

Amarillo TX

Dallas TX

New Braunfel TX

Round Rock TX

Humble TX

Georgetown TX

Sweetwater TX

Tuscola TX

Tyler TX

Marble Falls TX

Mission TX

Brownwood TX

Pecos TX

Arlington TX

San Marcos TX

Mansfield TX

Columbus TX

38

SAN ANGELO VISITOR CENTERSTATISTICS JANUARY - JUNE, 2012

STATE # VISITORS DAYS STAY

Texas 3322 3

California 252 8

New Mexico 229 3

Colorado 140 4

Oklahoma 135 4

Wisconsin 110 3

Ohio 99 5

Florida 92 12

Illinois 90 4

Minnesota 81 3

Missouri 74 5

Kansas 72 6

Indiana 60 3

Washington 59 8

Arizona 53 4

New York 48 12

Tennessee 47 4

Georgia 46 11

Alabama 40 9

Pennsylvania 34 2

Idaho 31 8

Utah 30 7

Nebraska 30 5

Michigan 30 7

Oregon 29 5

Maryland 28 11

Arkansas 26 4

Louisiana 25 4

Nevada 21 5

Alaska 20 6

39


Iowa 19 7

Montana 19 12

Wyoming 18 9

West Virginia 18 10

Virginia 16 4

North Carolina 14 6

Mississippi 13 5

South Dakota 13 8

Kentucky 11 3

South Carolina 11 3

New Jersey 11 3

New Hampshire 9 12

MA 8 3

Hawaii 7 15

Connecticut 6 4

Vermont 6 2

Rhode Island 3 18

Delaware 2 16

TOTAL 5557 315

INTERNATIONAL # VISITORS DAYS STAY

Canada 75 3

Mexico 70 3

United Kingdom 20 7

Germany 15 4

Ireland 11 3

France 10 3

Switzerland 10 3

Australia 9 2

Italy 8 19

Sweden 7 4

Netherlands 6 10

40


Egypt 6 3

Argentina 4 3

Russia 4 5

Poland 4 2

Japan 3 5

Denmark 2 8

Africa 2 2

Austria 2 1

Scotland 1 30

Colombia 1 3

India 1 1

TOTAL 271 124

CUMULATIVE TOTAL 5828 439

41

Walk-Ins by Purpose of Visit Entered between 1/1/2012 and 6/30/2012

Total Avg.Stay

Purpose Visitors

Leisure 2,436 2 Coaches Clinic 971 4 Family 759 5 Dragboat races 497 4 Business 491 10 Passing through 249 1 Horseman 239 7 Other 186 4

Total number of 5,828

San Angelo Convention & Visitors Bureau 418 West Avenue B ~ San Angelo, TX 76903 [email protected]

42

SAN ANGELO CHAMBER OF COMMERCE 2012 2nd QUARTER ECONOMIC DEVELOPMENT REPORT TO:

CITY COUNCIL CITY OF SAN ANGELO DEVELOPMENT CORPORATION

TOM GREEN COUNTY COMMISSIONERS ECONOMIC DEVELOPMENT COUNCIL

I. GENERAL ACTIVITES

II. MARKETING

III. JUNE 30, 2012 FINANCIAL STATEMENTS

GENERAL ACTIVTIES APRIL – JUNE 2012

Assistance was provided: Information was provided to a local company working on a bid for a potential business to locate in San Angelo. Staff supplied information to assist a local realtor working with an out of town developer that is considering a project in San Angelo. Assistance was provided to a company in Comanche looking for services in San Angelo. Three separate groups of people walked into the Chamber in one week with economic development questions. Information was given to all three and follow ups ensued. Meetings and events: The Chamber sponsored and staff attended the celebration welcoming the First Lady of Texas Anita Perry as she named San Angelo a Texas Treasure. Hope organized the Economic Development Awards Luncheon. Five awards were given to businesses with major growth and who made great contributions to the economy of our community last year. Expansion awards went to Armstrong Backus & Company LLP, Business Excellence Professional Consulting (BEPC), Patriot Automation & Control, and Performant. Sunset Mall was presented the special economic impact award. During the awards luncheon, Carolyn Corbin, President and CEO, of the Center for the 21st Century, gave an overview of economic conditions and shared an economic development forecast from her perspective as a futurist. Mrs. Corbin also shared her viewpoints on programs to address the economic needs of the 21st century. John hosted and Phil attended a meeting of community, regional, and state leaders honoring visiting THC commissioners Castillo and Hembry to discuss economic development issues concerning the community. John attended the WTTC quarterly advisory board meeting and a work readiness workshop hosted by the P-16+ Partnership. John attended the second annual Lone Star Solar Summit at the West Texas Training Center. The event was a success with national, state, and international companies represented. John met with the Texas Historical Commission Board and legislators to discuss economic development partnerships and the need for THC to work outreach programs in the rural areas. John, along with representatives from the City and COSADC, traveled to St. George, Utah in May to meet with SkyWest Airlines. The Air Service Committee then met to discuss follow up to the meeting with Skywest Airlines in.

A Chamber-led delegation from San Angelo traveled to Washington D.C. in early May. The trip included meetings at the Pentagon, Geo-intelligence Agency, and Capitol Hill. Fredd Adams, Sam Allen, Michael Dane, Steve Floyd, Johnny Griffin, Kendall Hirschfeld, Jim H. Hughes, Brian May and Phil Neighbors participated. The Cornerstone Investors newsletter, highlighting the trip, is included in your report. John, Hope, and Phil, along with representatives from COSADC and Howard College, attended Texas Midwest Community Network’s annual “Dinner & Conversation” at Perini’s in Buffalo Gap. Topics of conversation focused on the importance of working together as a region. The Economic Development Council and Business Resource Center committee met on their regularly scheduled dates. Hope attended a Texas Economic Development Council webinar on “Marketing Best Practices.” John presented 1st quarter 2012 reports to City Council and COSADC. Staff attended a reception honoring outgoing Economic Development Coordinator and CVCED Executive Director, Donna Osborne. The High Ground of Texas board met via conference call to discuss legislative concerns about the use of half-cent sales tax. At the June Economic Development Council meeting, targeted industries and occupations were addressed by the group, and the council devised a method of updating the partner groups on the progress of the action items on the strategic plan. Staff attended regularly scheduled COSADC, City Council, and Business Resource Center meetings. John, along with two COSADC representatives, traveled to Guadalajara, Mexico to meet with a mineral prospect looking for a Texas facility. BREP Efforts: John spoke at the Rotary luncheon where he highlighted the Business Retention & Expansion Program. John presented at the Tom Green County Bar Association luncheon where he highlighted the BREP and Cornerstone Program. John organized a BREP visit with a local company considering a new line of business. Partners from the City staff, Workforce Board, and SBDC attended and assisted in the development of a plan of support. John met with SBDC staff to discuss upcoming BREP initiatives. Phil and Hope attended a BRC committee meeting discussing construction progress and communication issues for the facility. Prospects: Phil and John met with a prospective group, and we provided space for additional meetings. Several meetings followed throughout the month of May.

A new out-of-state lead was received. John contacted the company and is working toward assisting them in expanding their business into San Angelo. A secondary lead was also received from a regional manufacturing company looking to expand to San Angelo. Economic Development partners met with a national developer/construction firm looking to open offices in San Angelo. John met with a prospect in the biofuel industry. John met with a developer, as well as a local company interested in opening a second location. John spoke with a local entity on financing resource including new market tax credits, and a new company establishing a business in San Angelo. A new prospect was received that could potentially create 100+ jobs. Staff spoke with a restaurant prospect that will be in town in July. Miscellaneous: Staff worked with community leaders to gain support for the continuation of the Federal Court in San Angelo, generating letters from the Chamber and its members. John accompanied THC Commissioner Lisa Hembry and the Executive Director of the Downtown San Angelo, Inc. to Menard to visit county officials concerning historic preservation. Hope collected and submitted cost of living data for the 2nd quarter. John worked with Howard College on a survey to support grant funding for alternative energy training, and on curriculum that is being offered on wind energy designed for two- year universities. The date was set for June 14th for the Economic Development department to appear before the Tom Green County Commissioner’s Court for the court to approve an appropriation of $20,000 to be included in our 2013 budget. John attended the meeting presented an overview of the strategic plan, and the commissioners approved their economic development financial support. Our membership with C2ER (Council for Community & Economic Research) was renewed. Our membership allows us to participate in the cost of living data collection and use the “calculator” on our website to compare our cost of living to other participating communities in the nation.

MARKETING APRIL – JUNE 2012

John traveled to Atlanta, Georgia to attend the Windpower 2012 Conference and Exhibition with the HighGround of Texas. An ad was placed in Expansion Solutions, and the magazine was distributed to its readership, and distributed at the Wind Power 2012 Conference and Exhibition. The event information is included in this report.

Join us at THE HIGH GROUND OF TEXAS Pavilion…

Following a successful five year run at the annual WINDPOWER Conference & Exposition in Los Angeles, Houston, Chicago, Dallas & Anaheim…the High Ground is once again going BIG with world renowned marketing initiatives at the 2012 WINDPOWER Conference & Exposition in Atlanta! Come join us as we continue our aggressive collection of marketing initiatives Texas has ever seen!

The High Ground has secured prime space for the 2012 WINDPOWER Conference & Exposition and is going BIG! All marketing and hospitality events will be held at one location…the HIGH GROUND OF TEXAS Pavilion!

The Pavilion, two 50’x20’ side by side booth sites, identified by a huge overhead sign, will be located on the busiest thoroughfare of the entire show, the Center of Hall B in the Georgia World Congress Center. The pavilion space will utilize the area for aggressive marketing initiatives including our popular souvenir T-Shirt promotion, the world famous 5th Annual High Ground of Texas VIP Beer Bash (Monday) and much more! In addition, we are featuring two lounge areas and a Texas Hot Spot for our booth partners and sponsors to utilize for networking, meetings, and hospitality. The Texas Crossroads Band will be on hand to entertain at the Monday VIP Event.

The Pavilion area allows the High Ground to increase its booth and promotional efforts, while creating a space and environment for our many High Ground members and partners to make contact with prospects, clients, VIP guests and more. The Pavilion will promote the High Ground of Texas region for all wind-related businesses, promote our region for its great alternative energy opportunities and show off our Texas business climate.

We invite you to be a part of the exciting HIGH GROUND OF TEXAS Pavilion at the 2012 WINDPOWER Conference and Exposition. All sponsorships contain benefits that include a variety of marketing, promotional and advertising opportunities for your company or organization.

Join us as we GO BIG and show the world that no one can compare to The High Ground of Texas when it comes to Wind AND Business! Be a part of The High Ground of Texas Pavilion at the 2012 WINDPOWER Conference & Exposition!

For More Information contact: Lorie Vincent Buzz David David Rushing Ken Becker Sheryl Hardy

The High Ground of Texas Amarillo EDC Shamrock EDC SEED (Sweetwater) Perryton CDC

[email protected] [email protected] [email protected] [email protected] [email protected]

806.683.2553 806.379.6411 806.256.2516 806.366.2897 806.435.4014

WE’RE GOING “TEXAS” BIG AT THE 2012 WINDPOWER CONFERENCE & EXPO!




The High Ground of Texas is a “Regional Economic Development & Marketing” coalition representing the northern 66 counties in Texas. Developed in 1988, the main purpose of the High Ground is to facilitate marketing initiatives designed to enhance the economic wealth of the region and promote the creation, expansion and retention of jobs and business opportunities.

The High Ground organization continues to have a definite presence on the regional, state, national and global level, with an emphasis on marketing the region to prospective new industry, sponsoring economic development education, promoting a positive business climate, and providing a strong regional network.

The High Ground of Texas is involved in the promotion and support of several target industries including Manufacturing, Traditional & Alternative Energy, Distribution, Food Processing, Value Added Agriculture & Agri-Business, Aviation, Bio-Technology, and more. The High Ground markets the region through global & national trade shows, electronic marketing, targeted sponsorships, VIP hospitality events, traditional media & social media, special recruitment projects and other aggressive marketing initiatives.

The High Ground of Texas is a non-profit, membership-based organization. The membership includes Economic Development Corporations, Regional Councils of Governments, Major Utility Companies, Electric & Telephone Cooperatives, Cities, Counties, Chambers of Commerce, Workforce Development Groups, Entrepreneurship Programs, Colleges & Universities, Industry Associations and more. High Ground Marketing initiatives are also supported by many private industry partners and sponsors. The High Ground also administers and supports the activities of the High Ground of Texas Education Foundation.

For more information about the High Ground of Texas and to view a complete list of members…go to www.highground.org.

All the Major Players in the Wind Energy Industry Attend and Exhibit at WINDPOWER

WINDPOWER® is the focal point for wind professionals to network with and learn from industry leaders and experts, and to discover the latest in industry products and services. All of your industry peers – and competitors – will be at WINDPOWER 2012; it’s where serious wind professionals convene to grow their companies, find solutions to their business challenges, and reconnect with colleagues and friends.

Tens of Thousands of wind industry professionals, experts, leaders, decision makers, educators, and researchers attend WINDPOWER. This is your opportunity to meet new clients, solidify existing relationships, learn from industry experts, and interact with hundreds of exhibitors representing every segment of the global wind industry.

For more information about the WINDPOWER 2012…go to www.windpowerexpo.org

ABOUT THE HIGH GROUND…

ABOUT WINDPOWER 2012…

http://www.windpowerexpo.org/

The High Ground of Texas is one of the most active and productive traditional and alternative energy regions in the world. From development to manufacturing to the service industry, the High Ground region reigns supreme as a leader in the wind industry. For the past six years, the High Ground of Texas has taken a marketing team to the WINDPOWER Conference & Exposition. Many High Ground marketing initiatives have taken place over the years at the Expo including booth activities, VIP hospitality events, sponsorships of the show & participation in WINDPOWER special events.

The High Ground began with a 10’ x 10’ booth in 2007, expanding to a larger booth and sponsorships in 2008. In 2008, the High Ground launched the now famous, High Ground of Texas Beer Bash. By 2010, the High Ground team had grown so large; we developed the High Ground of Texas Pavilion, allowing booth partners from around region to co-exhibit with us. In 2010, in addition to our many other popular activities at the Expo, the High Ground added the very popular High Ground of Texas Souvenir Wind T-Shirt to promote added exposure for our sponsors and to generate pre-show interest in our pavilion.

In 2010, in Dallas, AWEA allowed the High Ground to bring our VIP Hospitality event onto the show. That year, we brought the party to the High Ground of Texas Pavilion and it continues to be one of the biggest and most popular events of the entire show. All guests must be personally invited by one of our Pavilion sponsors or pass a rigorous High Ground litmus test regarding their interest in Texas before receiving special drink tickets to the event. With our popular band and Texas beer, the High Ground event continues to add a special “spark” at the show that is great for our entire region.

In 2012, we are very excited to continue with our numerous initiatives at WINDPOWER 2012. Our regional Pavilion concept, common areas, joint marketing and hospitality event allows us to expand our exposure to new prospects and contacts, to aggressively promote ALL aspects of the wind industry taking place in the High Ground region and gives us a place to network, market our opportunities, hold meetings, host our special event and expand our marketing area to include more advertising for our sponsors….all in one place. We anticipate that this larger, prominent location, allows our investment in the Expo to be compounded by the fact that virtually everyone who attends the show will be able to see the HIGH GROUND OF TEXAS Pavilion and enjoy the information and hospitality it provides.

The High Ground has forged a special relationship with AWEA over the past several years and is truly a partner with the show in our support for the wind industry. You will see our High Ground of Texas brand and members of our large High Ground team sporting our recognizable High Ground logo attire throughout the exposition.

Most importantly, the WINDPOWER Expo and our participation in it over the past six years has helped identify the High Ground of Texas region as dynamic and fertile ground for new and expanding industry. The results of our efforts have been astounding, including the recruitment and expansion of numerous wind energy investments and projects into the High Ground. The construction of additional transmission capacity in the region will provide us even more opportunity for growth. With more than 2,000 wind turbines in West Texas alone, the industry has found a home in the High Ground.

Texas is #1 in Wind Energy. The High Ground region has enjoyed the bulk of that wind development and continues to be the first and foremost site of industry expansion in the state.

In 2012…the effort continues, only BIGGER and BETTER than ever before!

OUR HISTORY WITH THE WINDPOWER EXPO…

In 2011, WINDPOWER attendees came from all parts of the country; in fact, all 50 states and the District of Columbia were represented. U.S.-based attendees represented 82 percent of participation. Wind energy is an international industry, and WINDPOWER has truly become an international event. WINDPOWER 2011 welcomed 2,679 international participants from 59 countries to Anaheim, representing 18 percent of all attendees. What makes WINDPOWER the most dynamic annual industry event is that it attracts a highly diverse group of attendees representing all facets of the industry.

WHO ATTENDS THE WINDPOWER EXPO…

Exhibit Hall Hours Sunday, June 3, 2012 4:00 pm – 7:00 pm

Monday, June 4, 2012 10:00 am – 6:00 pm

Tuesday, June 5, 2012 10:00 am – 6:00 pm

Wednesday, June 6, 2012 9:00 am – 3:00 pm

SPECIAL HIGH GROUND HOSPITALITY EVENT

Monday, June 4, 2012 5:30 pm – 7:30 pm

BOOTHS 6219 & 6319 HALL B A GREAT LOCATION…

The High Ground of Texas Pavilion

The High Ground of Texas Pavilion is located in a premier position, in the center of Hall B, at the Georgia World Congress Center. The High Ground of Texas Pavilion is located in Booths 6219 and 6319. This prime spot is in the portion of the hall that will also house Siemens, NRG, Winergy, Nordex, Vestas, Suzlon, Mitsubishi and more. This will also be the location of our famous High Ground of Texas Beer Bash.

The High Ground of Texas Pavilion sits on two 50’x20’ side by side booth sites that will be home to our High Ground booths, banners, marketing materials, and networking areas for our team members, sponsors and guests to interact. The Pavilion includes many booth partners including Amarillo Economic Development Corporation, Midland Development Corporation, Dumas Economic Development Corporation, Pampa Economic Development Corporation, Sweetwater Enterprise for Economic Development, Mitchell County Board of Economic Development and Texas Tech University. Two great lounges will be hosted by the Lubbock Economic Development Alliance and the Floydada Economic Development Corporation. The High Ground Pavilion will also provide a “Texas Hot Spot” for the use of our guests and prospects to take a break, enjoy technology chargers, Wi-Fi, and refreshments throughout the show.

The Pavilion will also be the site of our very popular Hospitality event on Monday from 5:30 pm to 7:30 pm. Back by popular demand, The Texas Crossroads Band will perform during the event.

The High Ground of Texas Pavilion will promote all of the great wind development, services, training, manufacturing, transportation, construction, utilities, products and resources located in the High Ground. Our team will also promote the many business opportunities and favorable business climate that exists for expansions and new development in the region.

Aggressive pre-show, at show & post show promotional strategies have been implemented and will escalate as we grow closer to the show. In addition to the many activities planned throughout the show, we will also be posting videos, interviews, tweets and blog updates to our website and YouTube channel throughout the entire 2012 WINDPOWER conference & Exposition.

We invite you to be a part of this very exciting and unique marketing experience!

www.highground.org

THE HIGH GROUND OF TEXAS PAVILION…

http://www.highground.org/

Texas Hot Spot Sponsorships (Great Exposure!) Our 2012 Pavilion will provide a large common space which will be promoted as “The Texas Hot Spot”. This common space will be furnished with modern leather furniture, will provide a hospitality station (coffee, water, etc) for prospects and guests, provide technology charging stations and complimentary Wi-FI.

An area for sponsors’ promotional materials will also be provided. Professional signage depicting the logos of the Texas Hot Spot Sponsors will be clearly displayed in this area and sponsors will be recognized in pre-show and at-show media and marketing initiatives. High Ground Hot Spot Sponsors will receive discounted registrations for the show. The cost for each High Ground Hot Spot Sponsorship is $3,000.

VIP Hospitality Event Sponsorships Sign up Now! We will host our 5th Annual High Ground of Texas VIP Beer Bash at the 2012 WINDPOWER Conference & Exposition on Monday, June 4, 2012 from 5:30 pm–7:30 pm in the High Ground of Texas Pavilion. It’s a great “wind down” at the end of a busy conference and exposition day. Guests will enjoy our famous Texas hospitality, boot-scootin’ music by the Texas Crossroads Band, Texas refreshments, and lots of delicious Texas snacks! Show organizers state that our Texas Hospitality Event, held the last four years, is one of the highlights of the entire show! All sponsors are included on the invitation, in pre-show/at-show marketing, and in all pre-show media. Sponsors receive the exclusive opportunity to invite their clients to this VIP Hospitality event. Take advantage of this opportunity to connect with your prospects and clients by inviting them to this special VIP event. This special marketing event is directed towards manufacturing companies, equipment suppliers, service providers and special guests who have dealings or an interest in the High Ground region. High Ground members, cities, counties, economic development corporations, utility companies, developers, industry associations, service providers and our regional private industry partners to the wind energy industry will serve as sponsors and hosts of the event. Sponsorships for the 2012 High Ground of Texas Beer Bash are $3,000 Entertainment Sponsor (Exclusive-SOLD), Hospitality Super Sponsors (limited to first 10 respondents) $2,500 and Hospitality Partners ($500). As a sponsor, you will be provided VIP Invitations for your special guests that will include complimentary beer tickets. You will receive special badges that will identify you as “hosts” for the event. Benefits also include logos/listings on the invitations, logos/listings in the Sponsor directory and in all pre-show, at-show and post-show media, press releases and electronic promotions regarding the event. Special Event Signage and Banners will also aggressively promote the sponsors of this exciting event. Additional Invitations are available to the Entertainment and Super Sponsors for $10.00 each ($15.00 value). Take advantage of this great opportunity to network with industry players while promoting the growth of the wind industry in the High Ground of Texas! Major Sponsorships are limited and will available on a first-come, first-paid basis, so sign up soon!

SPONSORSHIP OPPORTUNITIES…

One (1) Texas Tunes Sponsor ($3,000) Only One Sponsorship Available! SOLD!

Logo on Invitation and on Signage Logo on Special Banner w/Band Logo & Contact Information in Sponsorship Directory Promotion in pre-show, at show & post-show press releases & e-blasts 60 VIP Invitations provided in advance (including complimentary beer tickets) 40 Additional Drink Tickets provided at event Additional invitations can be ordered at the cost of $10.00 per invitation ($15.00 value) 6 Host Badges

Two (2) Texas Super Sponsors ($2,500) Limited to first ten sponsors! Going Fast!

Logo on Invitation and on Signage Logo & Contact Information in Sponsorship Directory Promotion in pre-show, at show & post-show press releases & e-blasts 50 VIP Invitations provided in advance (including complimentary beer tickets) 30 Additional Drink Tickets provided at event 4 Host Badges

Texas Beer Bash Partners ($500) Great exposure! Great deal!

Listing on Invitation and on Signage Contact Information in Sponsorship Directory Promotion in pre-show, at show & post-show press releases & e-blasts 10 VIP Invitations provided in advance (including complimentary beer tickets) 10 Additional Drink Tickets provided at event 1 Host Badge

Great News! Combination Sponsorship Packages are Available! We are offering numerous opportunities to have a presence at the WINDPOWER 2012 Conference & Exposition. Receive a great discount if you participate in more than one sponsorship opportunity. Join the High Ground of Texas as we continue to promote the region to this exciting industry!

Please contact the High Ground of Texas at [email protected] or 806.683.2553 with any questions or to sign up as a sponsor! Invoices will be sent upon receipt of your registration form. Online credit card invoices are available, but will incur a 5% service & processing charge from the credit card company.

SPONSORSHIP BENEFITS…


NEW MARKETING OPPORTUNITY FOR THE 2012 WINDPOWER SHOW!

Want to have a presence at the 2012 WINDPOWER Show but don’t have a booth??

Want to have a presence at the 2012 WINDPOWER Show but don’t

want to staff a booth for four days?

Be a Texas Hot Spot Sponsor! ★ Take advantage of the high traffic exposure that takes place at The High Ground of Texas

Pavilion!

★ Enjoy the added exposure of the guests at the famous High Ground VIP Hospitality event on

Monday evening!

★ Have your logo on fantastic signage and your promotional materials available in the

sponsored Hot Spot space!

★ Enjoy a space that is tastefully furnished to promote networking & relaxation during the show!

Great seating, wireless internet, technology kiosks & refreshments included.

★ Let the High Ground take care of handling all of the logistics for you!

★ Texas Hot Spot sponsorships available on a first-come first serve basis!

Contact The High Ground of Texas for more information!

BACK BY POPULAR DEMAND…

The High Ground of Texas team and our co-exhibitors will be distributing souvenir High

Ground T-shirts from our booths as part of our pre-show and at-show marketing campaign.

This will be the third in a series of collectible T-shirts promoted at

WINDPOWER and other international wind industry events.

The shirts will have a special High Ground of Texas Wind Power Graphic on the front

and the logos of our sponsors on the back. A sneak peek of the

special graphic for 2012 will be provided to the sponsors in May!

In order to receive a T-shirt at the show, a prospect/guest will have to

complete a punch card that includes all of the Texas Pavilion booth partners.

Five extra T-shirts will be made available to each sponsor. Please send your requested sizes

to [email protected] prior to the WINDPOWER show.

While not mandatory, several sponsors and partners will also

wear the popular Texas T-shirt during the show.

Any T-shirts that still remain following the WINDPOWER 2012 show will be distributed to our VIP

contacts, site selectors, consultants and international prospects following the event.

Sign Up Now to be a Famous

High Ground of Texas Souvenir T-Shirt Sponsor!

Contact The High Ground of Texas for more information!

Thank you for your support of our efforts to create jobs, business opportunities, capital investment and prosperity in the

High Ground region! We are taking it to a whole new level in 2012!


Update on Legislative Affairs and Economic Development Efforts

Your cornerstone investment funds three major initiatives for our community – economic development, legislative affairs, and major event tourism. Over the past three years, we have experienced tremendous return on investment in all three areas, but most notably in the legislative affairs. Numerous trips to Austin and Washington D.C. have enabled the Chamber to keep San Angelo’s priorities in front of our elected representatives and Pentagon officials. As a result of these and other efforts, San Angelo and Goodfellow AFB have been recipients of major construction dollars from federal funding over the past several years. The San Angelo delegation had another very successful visit to Washington earlier this year.

Congressman Conaway met the ten trip participants for forty minutes in his office to receive our thanks for work on our issues, and discuss current and future issues. We thanked him for his support of the Center for Security Studies at ASU. We provided the Congressman and his staff copies of the one page summary of issues, which included our thanks for the MILCON projects underway at Goodfellow AFB, and the top three unfunded MILCON requests for future years (Live Structural Burn Trainer, Consolidated Base Logistics Complex, and Phase 2 of the Joint Intelligence Technical Training Facility). The delegation heard the Congressman’s latest assessment of efforts to produce a new federal transportation bill, and noted the importance of continued funding for connectivity resulting in commerce through highway construction and maintenance, particularly along the Ports-to-Plains route. San Angelo representatives thanked him for his efforts opposing the listing of the Dunes Sagebrush Lizard on the Federal Endangered Species List.

The Chamber’s position opposing Sequestration was embraced by the Congressman, as he favors strategic cuts rather than the straight lined 8% cuts that Sequestration would mandate, particularly in the area of Defense since $487 billion is already being removed from Defense over the next ten years. Congressman Conaway stated that cuts of additional billions would be “devastating” to our ability “to defend this country,” and leave the military “smaller than healthy.”

Legislative Director Paul Balzano and Military Legislative Assistant Michael Thornberry attended the dinner with Conaway and his wife Suzanne. Staff members discussed future activity on the Dunes Sagebrush Lizard and many other issues with the participants.

San Angelo Delegation

Fredd Adams, San Angelo City Council Member Sam Allen, Chairman, Chamber Board Michael Dane, Interim City Manager, City of San Angelo Steve Floyd, Tom Green County Commissioner Johnny Griffin, Chairman, Military Affairs Committee Kendall Hirschfeld, San Angelo City Council Member Jim H. Hughes, Chairman, Government Affairs Council Dr. Brian May, Provost, Angelo State University Phil Neighbors, President, Chamber of Commerce

Cornerstone Investors Report Page 2

Prior to Senator Hutchison’s arrival, the delegation met with Hutchison’s Legislative Director and Counsel David Davis and Deputy Legislative Director Dana Barbieri. They distributed the summary and background to San Angelo’s issues of interest. Her staff assured the group that Senator Hutchison was working on a better rate of return for Texas in her role on the Conference Committee for the Highway Bill Reauthorization.

In discussing current military cost-cutting and a possible BRAC process in 2015, Davis urged San Angelo and Goodfellow to research what could be added to the existing missions of Intel and Firefighting because training is less expensive, and because of the great support the community provides to GAFB. Davis also pointed out that the success of ASU’s Center for Security Studies makes Goodfellow more valuable and less vulnerable to closure and cuts. Senator Hutchison joined the discussions, and she was thanked for her many years of service to Texas and her valuable assistance to San Angelo in many areas. Dr. Brian May expressed appreciation for her support of the Center for Security Studies, and she said that she takes great pride in the Center’s success to date, and hopes that the final year of funding can be reinstated. Of her role on the Transportation Bill Reauthorization Committee, she said that although there were around fifty people participating with varied interests, she sensed a consensus to pass something and described a compromise between the chambers as “doable.” The critical importance of highway construction and maintenance funds was stressed by the San Angelo Delegation. Senator Hutchison also noted that Sequestration would be catastrophic for both military and many different health and social programs, and remained hopeful that other cuts could be agreed upon instead.

Make plans to attend the West Texas Legislative Summit on August 28th.

Register at www.sanangelo.org or call the Chamber for more information.

Senator Cornyn also spent a few minutes with the delegation in his office. Also attending were Legislative Director Shay Wester, and Military Legislative Assistant Douglas Ivanac. Senator Cornyn stated that there may be widespread support for transportation reauthorization, but that the divisive issue is “how do we pay for it?” He stated that Texas is receiving approximately 92 cents on the dollar from gas funds contributed, and that the fund is shrinking about 2% per year. The delegates stressed the need for continued transportation funding in West Texas. Participants also expressed support for holding regulatory agencies accountable for their growth and the mandates imposed upon employers. Michael Dane stated that federal regulations create a need for an additional 8-10% in tax revenue for the City’s operations. Regarding Sequestration, the Senator stated that he did not see how the military could survive any more steep cuts following the half billion dollars in cuts already agreed upon. He related meeting with Goodfellow Commander Col. Mark Damiano earlier in the week, who stated that San Angelo has shown the best support for its base of any community he had ever seen, a comment Ivanac was told they never tire of hearing. Doug stated that he believed Goodfellow currently provided the Department of Defense with the lowest and best costs of ISR training.

http://www.sanangelo.org/

Cornerstone Investors Report

Regarding cuts already undertaken by the Customs and Border Protection Division of Homeland Security, Doug stated that there are no more cuts currently proposed for CBP other than the possible Sequestration. He was assured that the City, COSADC, and County stand ready to participate in any facility upgrades at our local installation for Customs and Border Protection.

On the way to the first appointment, we were fortunate to have a brief conversation in the Pentagon hallway with Goodfellow Commander Col. Mark Damiano and new Command Chief Master Sergeant Scott Lumpkin, who thanked the delgation for being there and briefed them on some recent developments at the base since the previous week.

The first appointment was with Terry A. Yonkers, Assistant Secretary of the Air Force for Installations, Environment and Logistics, and James P. Holland, Deputy Assistant Secretary of the Air Force for Installations.

Mr. Yonkers started the meeting with the statement, “This has been the most difficult year since I’ve been in this role” referring to the $487 billion in future defense cuts planned over the next ten years through the DOD. He and James Holland had just returned from an 8-base round of visits, and described the mood as “austere” as cuts are being felt.

Discussions took place regarding the Center for Security Studies, and Yonkers thanked San Angelo for the ASU & Goodfellow partnership and everything else San Angelo has done and is doing for the relationship. He noted that Intelligence, Surveillance & Reconnaissance (ISR) is still a growth industry for DOD, and said that Goodfellow should continue focusing on being a center of excellence for ISR while the Air Force asks local communities to bridge even more of the gaps as services are reduced on bases. The delegates noted that the community is in discussions with Goodfellow to augment food service on base from the private sector, and they heartily approved.

Yonkers indicated that he didn’t sense “any appetite for a 2013 BRAC,” especially with $10 billion more already scheduled to be reduced from the DOD budget next year. However, he indicated that his group would support the President’s request and ask Congress to

authorize a 2015 BRAC process, stating that once all of the downsizing in aircraft and personnel has taken place, there will be “25-30% in excess capacity” at military bases. Noting that he personally worked the last two BRAC processes, he stated that the Air Force has no choice but to “make ends meet” with funds available.

Mr. Yonkers also stated that “every base will be on the table” for consideration for closure, realignment or growth. Every state has at least one Guard unit that will be closed, and all states will feel some pain from BRAC. However, he added that he believes that no bases will be closed unless it makes sense to close them to realize immediate cost savings, and then added that two other factors that would likely be evaluated would be air space and/or encroachment for bases with active flying missions, and community support. The age, condition and usage of facilities should also come into play, he predicted, but the overhead to operate our base compared to similar costs at other training bases with similar missions would be important.

The process he outlined for official BRAC action was a recommendation from Congress, followed by appointment of a BRAC Commission, work by the Commission, scrutiny of findings by Secretary of Defense Panetta, acceptance or modifications from Congress, and then the order to the BRAC Commission to carry out the changes.

Community representatives outlined other initiatives underway partnering with Goodfellow, and Yonkers and Holland thanked the delegation for their proactive support of the base, the students, and the local military leadership.


The second appointment was with Lt. General Larry D. James, Deputy Chief of Staff for Intelligence, Surveillance & Reconnaissance, USAF; Brig. General Mark W. Westergren, Director of Strategy, Plans, Doctrine and Force Development at the Deputy Chief of Staff for Intelligence, Surveillance, and Reconnaissance; and Col. David A. Martinson, Associate Civil Engineer.

A very pleasant relationship exists between San Angelo and General James, and he again thanked them for all their support of the ISR mission at Goodfellow. The presence of General Westergren in the meeting was an added bonus, as he was headed soon to Omaha to serve as the Chief of Intel at Strategic Command.

Regarding a future BRAC, General James indicated that he didn’t think Congress would do anything prior to the November election, but he hoped Congress would take action to avoid Sequestration. He noted that there is a lot of value engineering (cuts) being made to achieve current budget reductions, particularly where the Guard and Reserve are concerned, for the 2013 budget.

The delegation quoted comments from the earlier meeting in which they were told all bases will be on the table for closure or consolidation during the next BRAC, and General James acknowledged that, but added that the following points: 1) New ISR missions are coming along at a rapid pace; 2) ISR training currently ‘starts and continues’ at Goodfellow; 3) The remote location of Goodfellow is actually a plus considering its ISR training mission; 4) President Obama has named ISR a military priority; and 5) Goodfellow’s low cost structure and the ‘can-do’ attitude of the community will also help Goodfellow during any analysis.

General Westergren added that, “Personally, I don’t know that there’s any risk to the base, but the more value added to the base, the better off it will be.”

A discussion followed in which the relationship between ASU’s Center for Security Studies and Goodfellow was explored, including new degrees for analysts. The generals added that there is an effort to have captains and majors obtain advanced degrees while working their way up in ISR, to which ASU is an asset.

Participants noted current efforts to continue bus transportation for students to San Angelo businesses. They were also briefed on Goodfellow students’

participation in the flag roll-out at the Rodeo, and how important they are to the drag boat races and other local events.

The first meeting was with Mr. Greg Glewwe, Public Affairs Officer, NGA. A native Texan and graduate of Sul Ross State University, Greg clearly enjoyed giving the San Angelo representatives a tour and briefing of NGA. The NGA’s motto is “know the earth…show the way…understand the world,” and its mission is to support GIS intelligence for national security purposes. Much of their basic imagery and geospatial mapping is taught at Goodfellow, and he indicated that they are looking at expanding some of the training now going on at Lackland to Goodfellow.

The NGA Campus East, as it is known, opened in September 2011 combining over 9,000 people from three previous East Coast locations in this headquarters in Springfield, VA. Authorized by the 2005 BRAC, the building is the largest Lead Gold Certified structure with over 2.8 million square feet. The North and South wings are color-coded into ‘neighborhoods’ for easier navigation, and the group agreed that it is an amazing building.

The agency began in 1996 and was re-named NGA by Congress in 2003. They advise with data and maps; but they do not make the final decisions on “where to deploy resources.” The agency maintains 8 of the 12 tracking systems in the world that help facilitate GPS. There are a couple hundred UAVs collecting up to 17 hours of imagery all the time, which is then stored. NGA has to prioritize what it watches and stores. One example they showed with a photo was how the NGA brought imaging assets to bear when Ben Laden was captured & killed at Abbottabad. They also use NGA data for humanitarian purposes as well as Homeland Security.

“Personally, I don’t know that there’s any risk to the base, but the more value added to the

base, the better off it will be.”

- Brig. General Mark W. Westergren

Cornerstone Investors Report

The delegation then met with Mr. Ben Cumbo, National Geospatial-Intelligence Agency College Outreach Director, who emphasized that important events now happen in real time without any warning. He stated that NGA College’s mission is to train ISR professionals for the new environment and culture that is GEOINT, and that he is working to create four new certification levels in Intel training by the end of September. Dr. Brian May and he visited about the role that ASU’s Center for Security Studies already plays and how that role can be increased in the future. The USGIF certifies educational programs in GEOINT.

Mr. Cumbo said that the phrase “need to know” is now “need to share,” and that in his opinion, too much information is still classified, but it is moving in the right direction. An interesting observation about those currently in Intel: 40% of their workforce is now within five years of retirement (as he is), and 40% of it has been in the field less than five years.

Following their presentation on monitoring capabilities throughout the world, County and City officials visited with Mr. Dane Wilson, NGA Disaster Response Support, about how NGA resources could be utilized in the future with such emergencies as the 2011 fires in West Texas.

Dr. Eileen Preisser, Senior Air Force Intelligence Representative to NGA, serves as Director of the Air Force GEOINT Office, advising the Air Force and NGA on GEOINT technical issues. She and Lt. Col. Monica Patridge had lunch with the participants in the cafeteria, along with Chris Phillips and Maj. Pina, and follow up was scheduled between Dr. Preisser and Dr. Brian May to facilitate future growth and interaction with ASU’s Center for Security Studies.

As a result of last year’s trip to Washington, the Chamber, City, and Concho Valley Transit District worked diligently to establish, and temporarily fund, the Goodfellow Express, a trolley route from Goodfellow to the downtown area and to businesses along the Loop and Sherwood Way. The pilot program launched June 1st, and continues to have success with an average of almost 500 trips per weekend. The committee is currently looking for permanent funding so that the trolley service can continue.

2012 had been a year of building these new initiatives and programs, providing us with an opportunity to position the community for the future. The acceptance of the Strategic Plan for Economic Development in San Angelo has diversified the scope of work of the Chamber’s Marketing and Recruitment division by adding the additional responsibilities of creating a formalized Business Retention and Expansion Program (BREP). Staff, working with the oversight of the Chamber’s Economic Development Committee, is organizing and developing the BREP to support local business in the community. The BREP will support the local business community with information, direct or indirect assistance through our economic development partners, and financial services.

The Cornerstone Program supports the efforts of the Chamber in multiple areas and is the backbone of the Chamber’s Economic Development initiative. COSADC funding has a limited scope of uses dictated by state mandate. Cornerstone dollars allow for the flexibility in the program that the other funding sources do not. Staff continues to work as an ally to all businesses regardless of NAICS code designation or type of business through the support of the Cornerstone investors.


Thank you to our 2012 Cornerstone Investors!

Pledge Total - $76,600

Building a Stronger Business Environment

DIAMOND Ethicon, Inc. First Financial Bank San Angelo Reece Albert, Inc. SILVER AEP Texas Atmos Energy Automatic Fire Protection Dierschke & Dierschke Foster Communications Mitchell Automotive Group Rio Concho Retirement Community San Angelo Association of REALTORS San Angelo Stock Show & Rodeo Association Sunset Mall Texas Bank BRONZE AB Distributing American State Bank Angelo Water Service, Co. (Culligan) Armstrong Backus & Co. LLP City Lumber & Wholesale Eckert & Company, LLP Glazer’s Goodyear Proving Grounds Holiday Cleaners Jackson Walker L.L.P. NNNN Pasiano Porter Henderson Implement Co. Randall Motors Reliant Energy Republic Services (formerly Trashaway) San Angelo Community Medical Center San Angelo Security Service San Angelo Standard-Times Shannon Medical Center Steve & Pollyanna Stephens The Bank & Trust Trimble-Batjer Ins. Assoc.

CONCHO PEARL American Classifieds Angelo Glass & Mirror Angelo Transportation/Welch Transfer Baptist Retirement Community Bentwood Country Club Calvert Collision Center Chilton, Wilcox & Co. Coldwell Banker Patterson Properties Concho Valley Electric Cooperative, Inc. DeCoty Coffee Ener-Tel Services Evans, Eckert & Peterson PC Fuentes Café Downtown Hughes Company Hyde Interactive Lee Pfluger Massey Balentine P.C./Stroman Title Mayfield Paper Moleo Gas Corporation San Angelo Motor Company Scott Gibbs SKG Engineering Steve Eustis Co. Realtors Surety Title Company SWS Financial Services West Texas Medical Associates Zesch & Pickett Insurance LLP

Please keep Cornerstone in your budget for 2013!

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

City of San Angelo

Memo Date: June 28, 2012


From: Carl White, Parks & Recreation Director

Subject: Agenda Item for July 17, 2012 Council Meeting

Contact: Carl White, Parks & Recreation Director, 325-234-1724

Caption: Regular Agenda Item

Consideration of a report on the Texas Bank Sports Complex and any matters related thereto.

Summary:

The Texas Bank Sports Complex has been in operation for 3 years. Staff would like to give a report on the activities and progress the complex has experienced. The report will include information on programming, maintenance, revenues, expenditures, future needs and enhancements and economic impact.

Here are some highlights of the presentation regarding the complex which:

• is home to about 300 teams – about 190 adult softball teams, 30 little league teams, 30 girls’ fastpitch teams, 12 adult flag football teams and about 30 youth flag football teams,

• has earned several accolades including:

o USSSA West Texas Complex of the Year 2010,

o TTA Complex of the Year 2011,

o West Texas USSSA largest percentage increase in registration 2011, and

o USSSA Midwest Conference Complex of the Year 2011,

• has been hosting about 30 tournaments a year,

• Has been hosting about 100,000 visitors a year,

• has earned an economic impact of the following amounts over each year:

o FY 2009-2010: $875,095

o FY 2010-2011: $1,379,945 and

o FY 2011-2012 (YTD): $2,139,480

• has earned a total of $27,500 in advertising and naming rights each year,

• has additional needs for improvements and enhancements including:

o safety netting,

o raw water for irrigation,

o additional scoreboards,

o picnic shelter,

o additional restrooms,

o additional irrigation,

o umpire building and more, and

• has experienced some challenges to fully fund the maintenance expenses.

History: N/A

Financial Impact: N/A

Related Vision Item

(if applicable):

N/A


N/A

Attachments: PowerPoint Presentation

Presentation: Verbal and PowerPoint

Publication: N/A


Rick Weise, Assistant City Manager

Approved by Legal: N/A

City of San

Angelo

Memo Date: August 7, 2012 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”.

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

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) members shall be members of the Board of Directors of Downtown San Angelo, Inc.

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 year terms and three (3) appointments shall be for three year terms. Thereafter, appointments shall be for three 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.

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.

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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 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. Four duly appointed regular members of the Commission shall constitute a quorum. The affirmative vote of 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

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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.

(6) 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.

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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.

designee(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 aquired, 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 applications shall be received by the Planning Manager or his representative at

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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.

(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,

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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 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 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.

Procedureappl. Sec.

PD ZBA DHRC PC CC

Administrative Adjustment 203

Urban Design Plan 204

Special Event, Type 1 205

Written Interpretation 206

Planned Development Minor Site Plan 210

Variance 207

Conditional Use 208

Planned Development Major Site Plan 210

Special Event, Type 2 205

Special Use 209

Planned Development District Designation 210

Historic Overlay Zone Designation 211

Certificate of Appropriateness 211

Text Amendment 212

Other Zoning Map Amendment 212

Termination of Nonconforming Use 607

Expansion of Nonconforming Use 609

PD = Planning DirectorZBA = Zoning Board of AdjustmentDHRC = Design & Historic Review CommissionPC = Planning CommissionCC = City Council= Review & Report = Public Hearing & Recommendation= Public Hearing & Final Approval (except Administrative Approval or Adjustment)= Appeal

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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 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 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.

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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.

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 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.

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

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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.

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

J. Appeal

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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.

2. Deterioration of roofs or other horizontal members.

3. Deterioration of exterior chimneys.

4. Deterioration or crumbling stucco or mortar.

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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

Houston Harte Expy

W 11th St

N Oakes St

Baker St

N Magdalen St

E 9th St

W 4th St

Martin Luther King Dr

W 1st St

E 8th St

E Beauregard Ave

Webb St

Santa Fe Park DrBu

rgess

StS David St

Farr StBird St

Love St

W Avenue A

E 4th St

W Concho Ave

W 2nd St

Wright St

Volney St

Farr St

Gillis St

E 5th St

W 5th St

W 8th St

W 10th St

Woodrow St

W Twohig Ave

Spaulding St

Koberlin St

Preusser St

W Avenue B

E Avenue A

W 3rd St

Allen St

S Randolph St

S Oakes St

N Malo

ne St

N Eme

rick St

S Irving St

Court St

Henry O Flipper St

E Twohig Ave

E 3rd St

E College Ave

Neffs Way

W 4th St

E 2nd St

Veterans Memorial Dr

E 3rd St

Wool

St

S Irving St

S Oakes St

N Chadbourne St

E Harris Ave

W Harris Ave

Pulliam St

E Harris Ave

E Concho Ave

W Concho Ave

Rio Concho Dr

S Chadbourne St

2012 River Corridor ProposalRiver Corridor

River Corridor Sign Area

RCC Proposed Sign Area

RCC Proposed AreaGIS Division

µ1 inch = 750 feet

City of San Angelo

Memo



From: Jeff Hintz, Planner

Subject: Vision Plan Amendment to the Comprehensive Plan on the following property:

Location: 6411 Knickerbocker Road, located at the southwest corner of Red

Bluff Road and Knickerbocker Road, the former power station property. The area occupies approximately 200 acres out of the H.F. Gantz Survey 179, C. Damman Survey 180 AND C. A. Voigt Survey 181 in the southwest portion of San Angelo.

Purpose: Approval of this request will change the vision category for the area

from "Industrial" to "Transitional Area."

Contacts: Jeff Hintz, Planner 325-657-4210 AJ Fawver, Planning Manager 325-657-4210 Caption: APPROVAL OF AN AMENDMENT TO VISION PLAN COMPONENT

OF THE SAN ANGELO COMPREHENSIVE PLAN UPDATE ADOPTED IN 2009, SPECIFICALLY PROPERTIES COMPRISING ROUGHLY 200 ACRES IN THE ANNEXATION OF THE FORMER POWERPLANT AREA NEAR KNICKERBOCKER ROAD IN SOUTHWEST SAN ANGELO.


Approve the proposed Vision Plan map amendment; or Modify the Vision Category to some other Vision Category deemed to be more appropriate or necessary; or

Deny the proposed Vision Plan Map Amendment. Recommendation: Planning staff recommends approving the proposed Vision Plan Map Amendment. On July 16, 2012 The Planning Commission recommended approval of this amendment by a vote of 6-0.

History and Background:

This area was annexed to the city limits in June of 2011. The property housed a former power plant and is currently under the ownership of two entities, Fleet Leasing Equipment and AEP West Texas Utilities.

General Information

Existing Zoning: Ranch & Estate (R&E) Existing Land Use: defunct power plant and undeveloped land Surrounding Zoning/Land Use: North: RS-1 Vacant Property and Single-Family

homes West: Outside city

limits Vacant property

South: CG & RS-1 Vacant property and campground East: CG, CN, &

RS-1 Lake Nasworthy, Single-Family homes, retail establishments, church, and vacant property

Thoroughfares/Streets: Red Bluff road is defined as a "minor collector"

and is designed to collect local street traffic carrying it to arterial streets at a moderate speed.

Knickerbocker Road is defined as an "arterial street" and 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.

Vision Plan Map: Industrial

Special Information

Traffic Concerns: Knickerbocker Road is designed to handle large volumes of traffic at higher speeds. Adding multiple driveways and access points presents a danger to future users of the property and those who travel Knickerbocker road. Any type of development at this location should share driveways whenever possible and limit additional entry points onto this highly trafficked thoroughfare.

Density: Very low density, low intensity development is

present in this area at the moment. Notification Required: No

Analysis: The staff recommendation is based upon the statements listed below.

Staff does not believe that Industrial Development is a good fit for this area given the current circumstances and development the area currently sees, and should see in the future. Knickerbocker Road is a main gateway into San Angelo and is what many visitors see when arriving into town from the airport. In addition, Lake Nasworthy is a gem of West Texas and very unique to the region in this time of drought. Staff does not feel that Industrial development is an appropriate way to sell the unique natural feature Lake Nasworthy presents to the region. Strictly commercial for the entire 200 acres would also place a high amount of stress on the roadway as multiple access points onto Knickerbocker Road will be problematic. The majority land use for this area is residential so intensive commercial development will not be a good fit for the area. The Comprehensive Plan seeks to introduce suitable buffers between commercial and residential development, allowing this entire area to be developed as commercial would be in contrast to this goal as multiple properties in this area are zoned as residential. Neighborhood Center was a vision staff had considered, but a Neighborhood Center seeks to create an identifiable node at a key intersection. While staff does realize that some streets may be necessary to connect properties and developments in the area, these streets will be local in nature and likely used for internal circulation. Major collector or arterial streets are not planned within the thoroughfare plan. As such this area would not qualify as a node at a key intersection. Several goals of the Neighborhood Center utilize sound planning principles such as synergy between neighboring properties and uses, along with reorganized and shared parking. However, a site the size of 200 acres is not appropriate as a Neighborhood Center. These Neighborhood Centers envisioned within the Comprehensive Plan are much smaller in scale and intensity and located on key intersections within the city.

Transition Areas are designed to be buffers and allow a multitude of zoning districts just like a Neighborhood Center does. Transition Areas will allow for both residential and commercial development alike. One goal from the Comprehensive Plan for Transition Areas is to, "Revitalize Aged Commercial Corridors." Knickerbocker Road has been a main corridor into town for decades from Mathis Field and is set up for infill development, another goal of Transition Areas. this property is ready for an infill project that incorporates both residential and compatible commercial development. By allowing the vision for the area to be changed form "Industrial" to "Transition Area" the city will allow this appropriate infill development to occur. The second goal of Transition Areas is to, "blend intensive commercial areas into neighborhoods seamlessly." A transition area will transition this property from the intensely trafficked commercial areas along Knickerbocker Road into the surrounding residential properties much better than an industrial area will. Some commercial development within the site mixed with residential development will allow the development to be compatible with the surrounding neighborhood and allow for a mixed use site that is walkable and provides amenities within close proximity to existing and future residential development. Transition Areas are highly flexible and designed to allow for increased density and a mix of uses when compared to the vision for "Neighborhood" areas. In achieving this mix of uses and increased density, the development should not be as intense as areas called for as commercial, Neighborhood Center, or Downtown within the Comprehensive Plan. This variety of development allowed for and at a scale more intense than a "Neighborhood," but less intense than other vision categories is a mix that staff believes will be highly successful in this area. This corridor is in need of some infill development and a transition area will allow for a variety of development at an appropriate scale for the surrounding properties.

Attachments: Current Vision Plan Map of the area; Proposed Vision Plan Map of the area; and

draft Planning Commission Meeting Minutes.

Presentation: AJ Fawver, Planning Manager Reviewed by: AJ Fawver, Planning Manager (July 11, 2012)

VI. Discussion and possible action to amend portions of the Vision Plan Component of the 2009 update to the San Angelo Comprehensive Plan, specifically properties comprising roughly 200 acres in the annexation of the former power plant area near Knickerbocker Road in southwest San Angelo.

Mr. Hintz came forward to present the amendment to the Vision Map portion of the Comprehensive Plan, consistent with staff’s recommendation of approval. Currently this area is envisioned as “Industrial.” The general area is predominately residential and is surrounded by mainly residential property and Lake Nasworthy. Mr. Hintz discussed when the area was annexed to the city limits and the surrounding zoning and land uses present. Mr. Hintz discussed the vision plan category staff would recommend which was “Transitional.” Mr. Hintz covered the options the commission has regarding this request and staff’s recommendation of approval. Mr. Hintz discussed that industrial development was not the best land use for the area and that it is not appropriate on one of the main gateways into town. He described the lake as a unique resource for West Texas in this time of drought and that industrial development on the site could lead to a lack of development at the lake and the neighborhoods around the lake. Mr. Hintz reviewed why Neighborhood Center and Commercial visions would not be sustainable for this area. The commercial categories are not appropriate transitions into the surrounding neighborhood and 200 acres of commercial development would add a traffic load that is not sustainable for the area.

Mr. Hintz reviewed characteristics of Neighborhood Center-envisioned areas and how they are intended for nodes at key intersections throughout town. He also pointed out that Neighborhood Centers are highly walkable and connected to the surrounding properties and that would be highly encouraged with future development at this location. Mr. Hintz stated that “Transition Area” was the best fit in the vision plan and will allow for both commercial and residential development moving forward. A main goal of transitional areas is to revitalize aged commercial corridors, which Knickerbocker Road would certainly fit that description in staff’s opinion. Transition areas are suitable buffers to neighborhoods and will allow staff and Planning Commission to evaluate proposals as transitional or not in moving forward. These proposals can be both residential and commercial in nature so long as they provide some sort of transition between more intense commercial uses and a neighborhood, which is the second and final goal of transition areas within the Comprehensive Plan as pointed out by Mr. Hintz. He also pointed out that this Vision category is less intense than "Commercial" and "Neighborhood Center", but more intense than a "Neighborhood" area. Ms. Grindstaff came forward to discuss the annexation of this property back in 2011. She discussed her interactions with the owners of the site and their plans moving forward they had at the time of purchase. She discussed the lake area plan with Gateway Planning and that this property is certainly part of the vision for the lake plan moving forward. She could envision the city being the proponent of some zone

changes on the property moving forward as the city had initiated the annexation to begin with. Mr. Hintz stated that this property has more benefit to the city as a whole as a transitional area rather than an industrial area on a main gateway into town. Mr. Wynne asked if this change would prevent the property being used as a power plant in the future. Mr. Hintz stated if it could be sold as a buffer or transition into the neighborhoods surrounding the property it would be considered. However, he also pointed out a power plant is an industrial use and a very intense land use and would not be recommended by staff as a transition or buffer into a neighborhood. Ms. Grindstaff came forward to discuss the owner’s plans as she understood them and the intention was to sell the metal and develop the property in another fashion. Ms. Grindstaff and Mr. Lawrence pointed out that future development of a power plant on this location would be unlikely as better technology had been around and reusing this plant would not be cost effective. Ms. Grindstaff also pointed out that the owner of the property is likely looking for some support from the city as per her discussions with the owner, and their ambitions for the property moving forward were not industrial in nature. Motion, to approve the Vision Plan amendment as presented, was made by Joe Grimes and seconded by Sam Tambunga. The motion passed unanimously, 6-0.

City of San Angelo



From: Robert Schneeman, Development Coordinator


Contact: Shawn Lewis, 657-4210

Caption: Regular Agenda Item

Consideration of a Tax Increment Reinvestment Zone Board (TIRZ) recommendation to award Bid ES-02-12 for Chadbourne Street Pedestrian Improvement Project to Templeton Construction Company, (San Angelo, Texas) including the base bid in the amount of $1,198,000.00 and authorizing the Interim City Manager to negotiate a contract and any related documents

Summary:

City staff has received two bids for the Downtown Pedestrian Improvement Plan. The low bidder, Templeton Construction, came in at a cost of $1,198,000. At it’s regular meeting of July 18, 2012 the Tax Increment Reinvestment Zone (TIRZ) Board approved a recommendation for Council to consider approving the selection of Templeton Construction and to authorize the contract to include the base bid plus bid alternatives numbers 4, 5, and 6 for a total contract amount of $1,402,500.00. Subsequent to that meeting staff received final FY 2013 tax receipts projections from the Tom Green County Appraisal District which show lower than originally anticipated tax receipts for the Downtown TIRZ. As a result, at its meeting of August 15, 2012, the TIRZ Board voted to recommend approval of the base bid only pending a re-examination of the bid alternates and exploration of other potential funding sources. It is anticipated that a further recommendation from the Board may be presented at the September 4, 2012 Council meeting.

History: City staff has received two bids for the Downtown Pedestrian Improvement Plan. The low bidder, Templeton Construction, came in at a cost of $1,198,000. This agenda item serves two purposes:

1. Outline the streetscape project components for which we solicited bids from contractors including the base bid and the bid alternates.

2. Recommend awarding the base bid only at this time with the potential to add some portion of the bid alternates depending upon funding availability.

BASE BID & BID ALTERNATES

The table above shows the low bidder’s price for the base bid and all bid options along with the funding available from the TXDOT New Freedom Grant, the amount eligible for funding by the North TIRZ and the balance remaining to be funded for each option.

Description of Work Cost Templeton

TXDOT Grant North TIRZ Balance

Base Bid h to 3rd $ 444,386 $ - $ 444,386 $ -

Chadbourne 3rd to Beauregard $ 452,514 $ 452,514

$ -

Intersection Chadbourne & Concho $ 203,300 $ 50,000

$ 153,300

Barricades, Mobilization & Contingency $ 97,800 $ 45,350 $ 26,225 $ 26,225 Total Base Bid $ 1,198,000 $ 547,864 $ 470,611 $ 179,525

Bid Alternates #1 Intersection Chadbourne & Twohig $ 293,100 $ -

$ 293,100

#2 Mid-block, Concho to Twohig N/E $ 86,700 $ -

$ 86,700

#3 Mid-block, Concho to Twohig S/E $ 95,000 $ -

$ 95,000

#4 Mid-Block, Concho to Twohig N/W $ 79,900 $ -

$ 79,900

#5 Mid-block, Concho to Twohig S/W $ 66,700 $ -

$ 66,700

#6 S/W Corner Twohig & Oakes $ 57,900 $ 25,657 $ 32,243 Total Add Alternates $ 679,300 $ 25,657

$ 653,643

Financial Impact: $1,198,000.00 total base bid

Related Vision Item

(if applicable):


Staff recommends approval as presented

Attachments: Bid Tabulation Sheet, Bid Tab Detail, Project Design Graphic, and TIRZ Draft Minutes 07-18-12

Presentation: Shawn Lewis, Director of Community & Economic Development & Clinton Bailey, City Engineer

Publication:


Shawn Lewis, ext 1541

Approved by Legal:

A RESOLUTION BY THE CITY OF SAN ANGELO CITY COUNCIL, WITH ATTACHMENTS, AUTHORIZING THE CITY OF SAN ANGELO DEVELOPMENT CORPORATION (COSADC) TO EXECUTE AN ECONOMIC DEVELOPMENT PERFORMANCE AGREEMENT IN SUBSTANTIALLY THE ATTACHED FORM, WITH MEDHAB, LLC, PROVIDING FOR DIRECT INCENTIVES IN THE FORM OF GRANTS FOR REIMBURSEMENT TO MEDHAB, LLC OF PORTIONS OF BUSINESS EXPENSES INCURRED FOR JOB CREATION AND RETENTION, AND, FOR CAPITAL INVESTMENT AND LEASING OF FACILITIES, MACHINERY, AND EQUIPMENT IN SAN ANGELO, TEXAS.

WHEREAS, the City of San Angelo is a home rule municipality with authority to contract with the City of San Angelo Development Corporation (COSADC) for the grant of public money to be used by COSADC for the development and diversification of the economy, elimination of unemployment or underemployment and the expansion of commerce in the State; and,

WHEREAS, on August 8, 2012, the COSADC Board of Directors have approved, subject to approval of the City Council, an Economic Development Performance Agreement with MedHab, LLC, a Texas limited liability company, a copy of which is attached hereto as Exhibit “A”, providing for grants for reimbursement to MedHab, LLC of portions of business expenses incurred by MedHab, LLC for job creation and retention, and, for capital investment and leasing of facilities, machinery and equipment in San Angelo; and,

WHEREAS, the City Council has determined that approval of the Economic Development Performance Agreement providing for job creation and retention, and for capital investment and leasing of facilities, machinery and equipment in San Angelo serves the public purpose of the promotion and development of new and expanded business enterprises in the City of San Angelo; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF SAN ANGELO, TEXAS THAT: The City Council for the City of San Angelo hereby approves the Economic Development Performance Agreement by and between the COSADC and MedHab, LLC, providing for grants for reimbursement to MedHab, LLC of portions of business expenses incurred by MedHab, LLC for job creation and retention, and, for capital investment and leasing of facilities, machinery and equipment in San Angelo, a copy of which is attached to this Resolution as Exhibit “A” PASSED and APPROVED THIS DAY OF , 2012.

CITY OF SAN ANGELO, TEXAS

ATTEST: Johnny Silvas, Mayor Pro Tempore

Alicia Ramirez, City Clerk

APPROVED AS TO CONTENT APPROVED AS TO FORM

Shawn Lewis Lysia H. Bowling Community and Economic Development Director City Attorney

ECONOMIC DEVELOPMENT PERFORMANCE AGREEMENT

This Economic Development Performance Agreement (“Agreement”) is entered into this

___ day of ____________, 2012, (the Effective Date) by and between the City of San Angelo

Development Corporation, a Texas non-profit corporation (“COSADC”) and MedHab, LLC, a

Texas limited liability company qualified to transact business in Texas (“Company”).

RECITALS:

A. COSADC is non-profit corporation authorized by law to expend economic

development sales and use tax proceeds for authorized projects, subject to approval of the City of

San Angelo City Council. Such authorized projects include expenditures for the creation or

retention of primary jobs and found by the board of directors to be required or suitable for the

development, retention, or expansion of manufacturing and industrial facilities.

B. COSADC is authorized to provide direct incentives or make expenditures on

behalf of a business enterprise under an authorized project pursuant to a performance agreement

with the business enterprise which provides, at a minimum, for a schedule of additional payroll

to be created or retained and capital investment to be made as consideration for any direct

incentives provided and specifies the terms under which repayment must be made if the business

enterprise does not meet the Performance Requirements specified in the agreement.

C. Company is a business enterprise to be engaged in the distribution, sale, support,

and manufacture of medical device products at one or more facilities to be established and

permanently located in San Angelo, Texas (“Sites”). Company and COSADC each believe that

creation of jobs, capital improvements, and capital investments by Company at such Sites will

have a significant and positive economic impact on Company and City of San Angelo (“City”).

2

D. COSADC has determined that provision of direct incentives to Company are in

the public interest and serve a public purpose in promoting the welfare of the residents of the

City economically by securing Company as a viable business enterprise and as a result in

maintaining a higher level of employment, economic activity, and stability for the City.

E. In consideration for creation of primary jobs and to establish company Sites

pursuant to this agreement, the Company is seeking direct incentives from COSADC for primary

job creation, including reduced rate lease space, and in addition, reimbursement of eligible

capital investment costs and eligible lease costs, certain renovation costs, and code compliance

costs, and COSADC agrees to provide such incentives and expenditures on behalf of Company

under a performance agreement with Company, in accordance with the provisions of law

(“Direct Incentives”).

F. On January 3, 2012, the City Council of the City of San Angelo, Texas, approved

the recommendation of COSADC to negotiate and execute a performance agreement between

COSADC and Company, under the terms and conditions set forth herein and in an amount not to

exceed Two Million Seven Hundred Ninety-Five Thousand Five Hundred and 00/100 Dollars

($2,795,500.00) to be paid from COSADC funds.

NOW, THEREFORE, in consideration of the mutual benefits and promises and for

other good and valuable consideration, the receipt and sufficiency of which are hereby

acknowledged, COSADC and Company agree as follows:

TERMS:

1. RECITALS: The above-stated recitals are true and correct and are hereby incorporated

into and made a part of this Agreement.

2. TERM: Unless terminated earlier in accordance with its terms, this Agreement shall

terminate on the later of January 1, 2019, or six (6) years after final payments have been made by

COSADC on behalf of the Company pursuant to this Agreement (“Effective Term”).

3

3. PERFORMANCE REQUIREMENTS: In consideration of COSADC agreeing to

provide Company Direct Incentives in accordance with the terms, provisions and conditions of

this Agreement:

A. Company acknowledges and agrees to fulfill each performance requirement

specified herein as “Performance Requirement”, not as a binding obligation of Company but

rather as a condition precedent or subsequent that must be fulfilled in order for COSADC to be

obligated to provide, or Company entitled to retain, the specific Direct Incentives applicable to

such Performance Requirement

B Company acknowledges and agrees that it shall repay Direct Incentives and

expenditures provided under this Agreement if Company does not meet the Performance

Requirements applicable to such incentives as are specified in this Agreement.

C. Company acknowledges and agrees that in order for COSADC to provide the

maximum Direct Incentives available to Company under Section 4 “Capital Investment” of this

Agreement, Company must cause the applicable investments to be made as described in said

Section 4, the “Capital Investment” Performance Requirements.

D. Company acknowledges and agrees that in order for Company to receive and to

retain the Direct Incentives paid to Company by COSADC under Section 5 “Job Creation

Incentive” of this Agreement, Company must, within six (6) years of the Effective Date of this

Agreement, create and retain a minimum of Seventy-five (75) full-time equivalent (FTE)

employment positions that qualify as “Primary Jobs” at Sites (“Eligible Jobs”) as defined in

Exhibit A (“Direct Job Creation Incentive Requirements for Eligible Jobs”) hereto as required

under Section 5, which minimum requirement is referred to hereafter as the “Minimum Job

Creation Performance Requirement,” up to a maximum of two hundred twenty-seven (227) such

Eligible Jobs (hereafter the “Maximum Job Creation Performance Requirement”).

4

E. Company acknowledges and agrees that in order for Company to retain the

maximum Direct Incentives paid to Company under Section 5 “Job Creation Incentive” of this

Agreement, Company must retain the number of Eligible Jobs and average wage levels for which

Company has received an incentive payment throughout the Term of this Agreement, measured

respectively each year as the average of Eligible Jobs and the average wage level per Eligible

Job, retained over the one (1) year period following each such incentive payment, for up to six

(6) years after Company received final payment for job creation (“Job Retention Performance

Requirement”).

F. Company acknowledges and agrees that failure to maintain the Job Retention

Performance Requirement for any required periods during the Term of this Agreement will result

in forfeiture of the job creation incentives provided under this Agreement applicable to such

Eligible Jobs, and that Company will be obligated to repay such job creation incentives

previously paid to Company, or a portion thereof, according to the repayment terms established

under Section 13 “Repayment Terms” below.

G. Company acknowledges and agrees that in order for COSADC to provide the

maximum Direct Incentives available to Company under this Agreement, that in addition to the

Performance Requirements to make minimum capital investments and create and retain the

Eligible Jobs, Company must locate an operational facility in San Angelo as further described in

Section 4(A) of this Agreement.

H. COSADC acknowledges that an establishment by Company of any facility in San

Angelo, and any investment by Company in meeting the Performance Requirements stated in

this Agreement, are in direct reliance upon COSADC’s representations, warranties and

undertakings described in this Agreement.

5

4. CAPITAL INVESTMENT:

A. Initial Investment Performance Requirement. As a condition precedent to

COSADC’s payment to Company of Direct Incentives applicable to capital investment in

accordance with the terms, provisions and conditions of this Section 4 of the Agreement,

Company must cause a minimum capital investment of One Hundred Twenty-Five Thousand and

00/100 Dollars ($125,000.00) (the “Initial Investment Performance Requirement”) to be made in

the form of either or both of the following:

renovations or improvements to an existing building at a Site in San Angelo

which shall be purchased, or leased for a minimum of two (2) years, by Company

as an operational facility in the City, and

the purchase of business tangible personal property, including but not limited to

machinery and equipment for use at Company Sites in San Angelo.

B. Personal Property Investment Incentive. No later than six (6) years from the

date of Company’s achieving the Initial Investment Performance Requirement described in

Section 4(A) above, Company shall purchase, or enter into capital lease terms for, business

tangible personal property, including machinery and equipment, in amounts at Company’s

discretion (the “Personal Property Investment Performance Requirement”), which amounts shall

be eligible, up to a total of Two Million and 00/100 Dollars ($2,000,000.00) in such investments,

for a Direct Incentive reimbursement as described below. In consideration for Company’s

achievement of any portion of the Personal Property Investment Performance Requirement

described above, Company shall be eligible for a Direct Incentive in the form of reimbursement

of fifteen percent (15%) of such expenditures, up to a maximum total incentive reimbursement of

Three Hundred Thousand and 00/100 Dollars ($300,000.00) for capital investments in business

tangible personal property (“Personal Property Investment Incentive”) for Sites.

6

C. Real Property Investment Incentive. No later than six (6) years from the date

of Company’s achieving the Capital Investment Performance Requirement described in Section

4(A) above, Company shall cause capital investments in the form of renovations or

improvements to Sites purchased or leased within the City of San Angelo to be made in amounts

at Company’s discretion (the “Real Property Investment Performance Requirement”), which

amounts shall be eligible, up to One Million One Hundred Thousand and 00/100 Dollars

($1,100,000.00), for a Direct Incentive reimbursement as described in the next sentence. In

consideration for achievement of all or any part of such Real Property Investment Performance

Requirement, Company shall be eligible for a Direct Incentive in the form of reimbursements of

fifty-two percent (52%) of eligible expenditures made to renovate or improve real property for

the Company’s Sites, up to a maximum total incentive for real property renovation and

improvement reimbursement of Five Hundred Seventy-Five Thousand and 00/100 Dollars

($575,000.00) (“Real Property Investment Incentive”).

D. Code Compliance Expenditure Incentive. With respect to Company’s eligible

code compliance expenditures made to renovate real property for the Company’s Sites (“the

Code Compliance Performance Requirement”), Company shall be eligible for reimbursement of

twenty-five percent (25%) of up to Fifty Thousand and 00/100 Dollars ($50,000.00) of such

expenditures, up to a maximum total incentive for code compliance reimbursements of Twelve

Thousand Five Hundred and 00/100 Dollars ($12,500.00) (“Code Compliance Expenditure

Incentive”).

E. Documentation and Reimbursement Requirement. As a further Performance

Requirement of this Agreement, Company shall provide, no later than August 31 each calendar

year during the Term of this Agreement, certified copies of the rendition statements and property

tax reports delivered to the Tom Green County Chief Appraiser pursuant to V.T.C.A. Tax Code

§ 22.01 for each tax year during the Term of this Agreement, and such other documents as

7

Company and COSADC deem reasonable to evidence that the capital investment was made as

required under this Agreement. All reimbursements to be made under Section 4 (titled “Capital

Investment”) shall be made pursuant to the procedures outlined in Section 8 (titled “Payment”)

herein.

5. JOB CREATION INCENTIVE: For Job Creation Incentives, subject to meeting the

applicable requirements stated in this Agreement, Company ,shall become eligible to receive,

and COSADC’S obligation to pay shall not exceed, a maximum Direct Incentive of One Million

Eight Hundred Thousand and 00/100 Dollars ($1,800,000.00) (“Job Creation Incentive”) for

creating and retaining within six (6) years of the Effective Date of this Agreement up to two

hundred twenty-seven (227), full-time Primary Jobs, as defined in Texas Local Gov’t Code

Chapter § 501.002 and meeting the requirements set forth in the attached Exhibit A “Direct Job

Creation Incentive Requirements for Eligible Jobs”, at Company Sites within the City of San

Angelo(“Eligible Jobs”)

A. The Job Creation Incentive payments that Company may become eligible to

receive constitute a per-job cash incentive of Seven Thousand Nine Hundred Twenty-Nine and

00/100 Dollars ($7,929.00), payable under Section 8 “Payment” of this Agreement for each

Eligible Job created during the Term of this Agreement, the retention of which is conditioned

upon meeting a threshold of seventy-five (75) full-time equivalent (FTE) Eligible Jobs and up to

a maximum of two hundred twenty-seven (227) jobs created and retained by Company that are

identified as Eligible Jobs under the terms of this Agreement.

B. Notwithstanding anything to the contrary in this Agreement, under no

circumstances shall COSADC be required to provide Direct Incentives under this Agreement the

aggregate of which would exceed the maximum total of all cash incentives to be paid from

COSADC funds of Two Million Seven Hundred Ninety-five Thousand Five Hundred and 00/100

8

Dollars ($2,795,500.00), nor pay Company’s costs attributable to fulfillment of the Performance

Requirements specified in this Agreement. Company must satisfy the Performance

Requirements specified herein in order to receive Job Creation Incentive amounts as provided for

under this Agreement.

6. CONTINUING JOB RETENTION REPORTS:

Company shall report and certify, no later than February 1 and August 1, each year

during the Effective Term of this Agreement, the number of new Eligible Jobs created and the

number of Eligible Jobs retained at Sites, the job title and the wage level of each created and

retained Eligible Job, by executing and submitting to COSADC an affidavit of compliance in the

form provided in Exhibit “D” entitled “Affidavit of Compliance for New and Retained Eligible

Jobs”, which shall be accompanied by sufficient supporting documentation and contain sufficient

detail to corroborate reasonably the facts certified therein and to allow a reasonable assessment

of the achievement of Performance Requirements specified in this Agreement, should COSADC

require one to be performed.

7. LEASE ASSISTANCE INCENTIVES

A. Company agrees to establish its initial facility in The Business Incubator Program

operated by the Concho Valley Center for Entrepreneurial Development at 2009 West

Beauregard in San Angelo, and to execute a reduced-rate Program lease within one hundred

twenty (120) days of executing this Agreement. Said lease shall be in the rental amount of One

and 00/100 Dollar ($1.00) per year, for a term not to exceed three (3) years from the date of

execution. Company further agrees to provide to COSADC a copy of the executed lease

agreement within fifteen (15) days of its execution.

B. Should Company’s operational requirements exceed space available at The

Business Incubator Program facility, Company may elect to purchase a permanent location or

lease other suitable space in the City of San Angelo sufficient to ensure continued efficient

9

operations. Should Company secure a lease for space other than in the Business Incubator

facility, Company agrees to provide a copy of the newly executed lease agreement within fifteen

(15) days of execution. In such case COSADC shall pay a Direct Incentive in the form of

reimbursement of lease rental payments on such other lease of twenty-five percent (25%) of the

monthly lease base rental payment, up to a maximum total lease incentive reimbursement of One

Hundred Eight Thousand and 00/100 Dollars ($108,000.00) (“Lease Assistance Incentive”).

Payment of the Lease Assistance Incentive will be in compliance with Section 8 “Payment” of

this Agreement. Company will not be eligible to receive the Lease Assistance Incentive for the

purchase of a permanent facility, but for such purchase will be eligible to receive Capital

Investment Incentives outlined in Section 4 “Capital Investment” subject to meeting the

applicable requirements stated in this Agreement. Company will not be eligible to receive Lease

Assistance Incentive payments for rental payments made under the lease of a facility owned in

whole or part by Company, a subsidiary of Company, or by one or more individuals having an

ownership interest in Company.

C. Company may receive Lease Assistance Incentives outlined in this Section 7,

Paragraphs A or B above, or may receive a combination of the eligible Lease Assistance

Incentives, provided that in no event shall Company be eligible for Lease Assistance Incentives

relating to leased space in excess of three (3) years from the earlier of (a) the expiration or

termination date of the lease at The Business Incubator facility described in 7(A) above or (b) the

first payment of Lease Assistance Incentive under Section 7(B) above.

D. Should Company fail to maintain a Site for which it has been paid Lease

Assistance Incentives within the city limits of San Angelo during the five (5) year period

following the payment of any Lease Assistance Incentive payment for such Site, Company will

be required to reimburse COSADC the value of all Lease Assistance Incentives received by

Company prior to the failure to maintain such Site.

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8. PAYMENT: Eligibility determination for payment of Direct Incentives for which

Company may be eligible and which may be payable to Company under this Agreement shall be

made by COSADC within thirty (30) days after receipt by COSADC of the required affidavits of

compliance, requests for eligible expenditure reimbursements, and supporting documentation

executed and submitted by Company to COSADC in accordance with the requirements of this

Agreement.

A. Company and COSADC acknowledge that COSADC may reasonably require, in

its discretion, by request made within fifteen (15) days of its receipt of Company’s request for

reimbursement with supporting documentation, additional information and documentation to

facilitate COSADC in making an expeditious determination of eligibility, if any, for Direct

Incentives, provided that any such request be reasonable in scope and not calculated to

unnecessarily delay payment.

B. The amount of Job Creation Incentive payments, if any, which may be payable by

COSADC to Company shall be based on the rates and requirements set out in Exhibit “A”;

however, in no event shall the sum of such payments due exceed the maximum amount of One

Million Eight Hundred Thousand and 00/100 Dollars ($1,800,000.00) in consideration for

Company’s compliance with the Maximum Job Creation Performance Requirements and Job

Retention Performance Requirements specified in Sections 5 “Job Creation Incentive”, Section 3

“Performance Requirements and Section 6 “Continuing Job Retention Reports” of this

Agreement. Company may submit a request for payment for new jobs created on a semi-annual

basis using the form attached to this Agreement as Exhibit “B” Request for Payment of Job

Creation Incentives. For clarity, Company shall not be required to meet the Minimum Job

Creation Performance Requirement in order to be paid Job Creation Incentives earned and

requested during the Term of this Agreement, but shall be required to meet and maintain the

11

Minimum Job Creation Performance Requirement in order to retain Job Creation Incentives

previously paid.

C. The amount of Lease Assistance Incentive payments, if any, which may be payable

by COSADC to Company under Section 7 “Lease Assistance Incentives”, Part B , shall be based

on reimbursement of twenty-five percent (25%) of the actual monthly lease base rental payments

expended by Company for a period not to exceed three (3) years after the earlier of (a) the

expiration or termination date of the lease at The Business Incubator facility described in 7(A)

above or (b) the first payment of Lease Assistance Incentive under Section 7(B) above; however,

in no event shall the sum of all Lease Assistance Incentive payments under Section 7(B) above

exceed One Hundred Eight Thousand and 00/100 Dollars ($108,000.00). Such Lease Assistance

Incentives will be paid in consideration for Company’s compliance with the Performance

Requirements specified in Sections 7(B) and (D) of this Agreement. Company shall submit

requests for reimbursement of expended lease rents on a monthly basis.

D. The amount of Personal Property Investment Incentive reimbursements for the

purchase of eligible business tangible personal property, if any, which may be payable by

COSADC to Company shall be based on reimbursement of fifteen percent (15%) of the actual

eligible purchase expenditures by Company up to a maximum of Two Million and 00/100

Dollars ($2,000,000.00) in eligible capital lease or purchase expenditures; however, in no event

shall the maximum amount of Personal Property Investment Incentive payments due or payable

for eligible personal property capital lease or purchase expenditures exceed Three Hundred

Thousand and 00/100 Dollars ($300,000.00). Such reimbursements will be paid in consideration

for Company’s compliance with the Personal Property Performance Requirements specified in

Section 4(B) “Personal Property Investment Incentive” of this Agreement. Company shall

submit a request for Personal Property Investment Incentive payments on a quarterly basis the

same as outlined in Exhibit C “Request for Reimbursement of Eligible Capital Investment

12

Expenditures”. Quarterly payments will be verified against annual Business Personal Property

tax rendition forms filed by Company with the Tom Green County Tax Assessor Collector.

E. The amount of Real Property Investment Incentive payments for eligible capital

improvement and real property renovations, if any, which may be payable by COSADC to

Company shall be based on reimbursement of fifty-two percent (52%) of the actual eligible

expenditures incurred by Company for real property renovations and capital improvements for

Company Sites in San Angelo, up to a maximum sum of such eligible expenditures of One

Million One Hundred Thousand and 00/100 Dollars ($1,100,000.00). In no event shall the

maximum amount of Real Property Investment Incentive payments due or payable under this

Agreement exceed Five Hundred Seventy-five Thousand and 00/100 Dollars ($575,000.00).

Real Property Investment Incentive reimbursements will be payable in consideration for

Company’s compliance with the Real Property Investment Incentive Performance Requirements

specified in Section 4(C) of this Agreement. Company shall submit requests for Real Property

Investment Incentive payments on a quarterly basis as outlined in Exhibit C “Request for

Reimbursement of Eligible Capital Investment Expenditures”.

F. The amount of Direct Incentives for eligible Code Compliance Expenditure Incentive

payments, if any, which may be payable by COSADC to Company shall be based on

reimbursement of twenty-five percent (25%) of the actual eligible expenditures by Company for

code compliance fees up to a maximum sum of code compliance fees of Fifty Thousand and

00/100 Dollars ($50,000.00); however, in no event shall the sum of all Code Compliance

Expenditure Incentive payments due or payable exceed Twelve Thousand Five Hundred and

00/100 Dollars ($12,500.00). Code Compliance Expenditure Incentive reimbursements will be

paid in consideration for Company’s compliance with the Code Compliance Performance

Requirements specified in Section 4(D) of this Agreement. Company shall submit requests for

reimbursement of eligible Code Compliance Expenditure Incentive payments on a quarterly

13

basis the same as outlined in Exhibit C “Request for Reimbursement of Eligible Capital

Investment Expenditures”.

G. Conditioned upon a successful eligibility determination and the calculation by

COSADC of the Direct Incentive amounts payable in accordance with the terms of this

Agreement, COSADC agrees to pay the Direct Incentives to be provided to Company under this

Agreement within thirty (30) days following the successful eligibility determination made by

COSADC, or sixty (60) days after Company has submitted all documentation and information

required under this Agreement that establishes Company’s eligibility for such incentive payment,

whichever first occurs.

9. ANNUAL CERTIFICATION REQUIREMENT: In consideration of COSADC

agreeing to provide Company Direct Incentives in accordance with the terms, provisions and

conditions of this Agreement on verification of Company certifications of compliance with the

capital investment and job creation, retention and average wage level commitments required to

be maintained throughout the Term of this Agreement, Company shall comply with annual

reporting requirements herein, beginning with the period January 1, 2012, through December 31,

2012, and continuing each calendar year thereafter throughout the Term of this Agreement. No

later than February 1st of each year Company must certify for the preceding annual year (a) the

number of new Eligible Jobs and the number of Eligible Jobs retained at Company Sites in San

Angelo, and (b) the amount of new business personal property expenditures and real property

renovation expenditures.

A. The first annual reporting period for which job creation and retention certification

of compliance is required under this Agreement is for the period January 1, 2012, through

December 31, 2012. No later than February 1, 2013, Company must certify the number of new

positions and the number of Eligible Jobs retained at Sites during the period January 1, 2012,

14

through December 31, 2012, including the job classification and the average wage level of each

position, by executing and submitting to COSADC an affidavit of compliance in substantially the

form provided in Exhibit D (Affidavit of Compliance for New Jobs Created and Eligible Jobs

Retained). The affidavit of compliance shall be accompanied by sufficient supporting

documentation and contain sufficient detail to establish the facts certified therein and to allow a

reasonable assessment of the performance measures under this Agreement, should COSADC


B. The first annual reporting period for which personal property purchases and real

property improvement capital investment certification of compliance is required under this

Agreement is for the period January 1, 2012, through December 31, 2012. No later than

February 1, 2013, Company must certify, the amount of new business personal property

expenditures and real property renovation expenditures during the period January 1, 2012,

through December 31, 2012, by executing and submitting to COSADC an affidavit of

compliance in substantially the form provided in Exhibit E (Affidavit of Compliance for Capital

Investment Direct Incentive), which shall be accompanied by sufficient supporting




10. RETENTION OF RECORDS: Company shall maintain, in a manner consistent with

regularly accepted accounting practices and in compliance with this Agreement, fiscal records

and supporting documentation for all Direct Incentives, if any, provided to Company under this

Agreement. Such records shall be maintained by Company for review and examination by

COSADC for the greater of three (3) years from the end of the Term of this Agreement, or any

other period required by other applicable laws and regulations. The provisions of this Section 10

15

shall survive termination of this agreement for at least three years or for such longer period as

such records are required to be maintained by law.

11. COMPLIANCE AUDIT AND INSPECTION RIGHTS: Upon reasonable prior

written notice, and without costs charged by Company to COSADC, Company shall allow

COSADC access to and the right to copy, examine inspect and audit any and all:

A. Payroll and accounting records of Company relating to the eligible reimbursable

expenses for capital investment, personal property investment, lease rental payments, job

creation and retention of Eligible Jobs, the information and documentation included in each

affidavit certifying compliance submitted by Company, and any pertinent records of Company as

are reasonably necessary to verify compliance with all the Performance Requirements as

specified in this Agreement; and,

B. Books, accounts, records, audit records, files and documents belonging to

Company or in issue by Company pertaining to the Direct Incentives provided or to be provided

to Company, or Direct Incentives repaid by Company to COSADC under this Agreement.

12. FORFEITURE: If, as a result of any audit conducted by COSADC under Section

11 “Compliance Audit and Inspection Rights” above, it is demonstrated that Company has not

met a Performance Requirement, and Company fails to cure such default by meeting the

Performance Requirement within sixty (60) days of written notice of such default, Company

shall forfeit the portion of Direct Incentives received or claimed due by Company under this

Agreement that relates to the failed Performance Requirements. Company shall repay to

COSADC all such forfeited Direct Incentives paid by COSADC in accordance with the

repayment terms set forth under Section 13 “Repayment Terms”. Events determined to have

occurred as a result of a compliance audit which shall constitute, subject to the foregoing notice

16

and opportunity to cure, additional grounds for forfeiture of Direct Incentives and the basis for

Company’s obligation of repayment of Direct Incentives under the terms set forth herein,

include, but are not limited to the following:

A. Company’s failure to execute and submit or timely execute and submit any

affidavits of compliance and supporting documentation required under this Agreement; or

B. An audit by COSADC indicates that the number of retained Eligible Jobs at Sites

for any period during the Term of this Agreement are fewer than as Company certified in the

affidavits submitted in compliance with of this Agreement, or that Company failed to retain any

Eligible Job at an average wage level that meets or exceeds the wage level for such Eligible Job

as certified by Company in the affidavits submitted in compliance with the requirements of this

Agreement, and for which COSADC provided Company Direct Incentives under this

Agreement.

13. REPAYMENT TERMS: If as a result of a compliance audit, it is demonstrated that

Company has failed to meet a Performance Requirement specified in this Agreement, and the

notice and opportunity to cure has been provided pursuant to Section 12 above and Company

fails to cure the default , then Company shall repay the applicable Direct Incentive payments

received pursuant to the following :

A. For any annual reporting period during the Term of this Agreement, if Company

has failed to execute and submit or execute and timely submit the required affidavit of

compliance along with supporting documentation or Company has failed to create and retain the

number of Eligible Jobs at Sites certified under the terms of this Agreement for which Direct

Incentives were provided by COSADC, Company shall repay COSADC one-tenth (1/10) of the

amount of the Direct Incentive received per year of non-compliance during the Term of this

Agreement for each such position or positions failed to be retained as required.

17

B. All other Direct Incentives reimbursable to COSADC as herein provided shall be

reimbursed in the full amount of the Direct Incentive received by Company.

C. Any repayment amount that is not paid to COSADC by Company by the due date

shall accrue interest at six percent (6%) per annum from the date COSADC provided the Direct

Incentive or expenditures to Company up to and including the date that Company makes the

required repayment in full.

D. If Company fails to repay the amount set forth in the notice provided by the due

date, along with any interest accrued, COSADC may, in its sole discretion, choose to exercise all

remedies available to it at law and in equity.

14. OWNERSHIP OF DOCUMENTS: Company understands and agrees that any original

or duplicate copy of a document which is delivered by Company to COSADC in the forms

identified as Exhibits A through E of this Agreement shall at all times remain the property of

COSADC. The foregoing sentence does not transfer to, or create any intellectual property rights

in favor of COSADC in any information or underlying records used to prepare such documents,

nor does it restrict Company’s rights to use or exploit any intellectual property right of Company.

15. AWARD OF AGREEMENT: Company represents and warrants to COSADC that

Company has not employed or retained any person or company employed by COSADC to solicit

or secure this Agreement and that Company has not offered to pay, paid, or agreed to pay any

person or entity a fee, commission, percentage, brokerage fee, or gift of any kind contingent

upon or in connection with, the award of this Agreement.

16. PUBLIC RECORDS AND CONFIDENTIALITY: Company understands that

COSADC is subject to the Texas Public Information Act, V.T.C.A. Government Code § 552, and

18

that the public shall have access, at all reasonable times, to all documents and information

pertaining to COSADC contracts, subject to the provisions of law, and agrees to allow access by

COSADC and the public to all documents subject to disclosure under applicable law. The

confidentiality of protected information within employment records or any other records related

to COSADC’s economic development considerations and Direct Incentives provided herein will

be maintained in accordance with and subject to all applicable laws, including the Texas Public

Information Act. COSADC will comply with the requirements of the Texas Public Information

Act and other applicable law with respect to the maintenance of confidentiality of any

proprietary information and agrees that, as required by the Texas Public Information Act, it will

notify Company if a request relating to such proprietary information is received. COSADC shall

seek a written opinion from the Texas Attorney General, which may include raising any

applicable exception to release, prior to any release to a third party under the Texas Public

Information Act. Company acknowledges that the Texas Public Information Act provides for

possible exception from disclosure of certain trade secret and confidential commercial financial

information and that Company will be required to assert to the Texas Attorney General the

proprietary interest of Company or other third party and other relevant factors as a basis for

claiming the applicability of possible exceptions to disclosure. Company, at its discretion,

however, may elect not to assert an exception to the Texas Public Information Act as to

Company’s own trade secrets or propriety information and thereby permit or provide for the

release of such information.

17. REPRESENTATIONS AND WARRANTIES OF COMPANY: Company represents

and warrants to COSADC that as of the date hereof: (i) Company is a Texas limited liability

company in good standing to transact business in the State of Texas, (ii) Company is not

delinquent in the payment of any sums due the City of San Angelo, including payment of permit

19

fees, occupational licenses, etc., nor in the performance of any obligations to the City of San

Angelo and COSADC, (iii) execution of this Agreement has been duly authorized by Company

and this Agreement is not in contravention of Company’s regulations, or any agreement or

instrument to which Company is a party or by which it may be bound as of the date hereof, (iv)

no litigation or governmental proceeding is pending, or, to the knowledge of any of Company’s

members or officers, threatened against or affecting Company, which may result in a material

adverse change in Company’s business, properties or operations sufficient to jeopardize

Company as a going concern, (v) no written certificate or written statement herewith or

heretofore delivered by Company to COSADC in connection herewith, or in connection with any

transaction contemplated hereby, to the knowledge of any of Company’s members or officers,

contains any untrue statement of a material fact or fails to state any material fact necessary to

keep the statements contained therein from being misleading, (vi) during the term of this

Agreement, Company agrees not to knowingly employ any undocumented workers in violation

of V.T.C.A., Government Code § 2264, and (vii) except as expressly set forth in this Agreement,

Company makes no other representation or warranty of any kind in connection with or related to

the provisions of this Agreement.

18. COMPLIANCE WITH AGREEMENT REQUIREMENTS AND FEDERAL,

STATE AND LOCAL LAWS: Company shall comply with all requirements imposed by this

Agreement, including reporting, record keeping and other requirements. With respect to

Company’s performance pursuant to this Agreement, Company agrees to comply with all permit,

inspection, and other code compliance requirements for said renovations and improvements; and.

shall comply with and observe all applicable federal, state and local laws, rules, regulations,

codes and ordinances, as they may be amended from time to time.

20

19. INDEMNIFICATION: COMPANY SHALL INDEMNIFY, DEFEND AND HOLD

HARMLESS COSADC 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”) asserted by any individual, person or persons, including agents or employees of

Company or COSADC, 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 Company or its employees, agents or subcontractors

(collectively referred to as “Company”), 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 Indemnitees, or any of them or; (ii) the failure of the

Company to comply with any of its obligations herein or the failure of the Company 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; or (iii) as a consequence

of Company’s execution or performance of this Agreement or sustained in or upon the premises

occupied by Company as a site for Company’s facilities (Sites). This indemnification and hold

harmless agreement shall survive the term of this Agreement as long as any liability could be

asserted. Nothing herein shall require Company to indemnify, defend or hold harmless any

indemnified party for the indemnified party’s own gross negligence or willful misconduct.

20. INSURANCE: Company shall, at all times during the term hereof, maintain such

insurance coverage as Company in its sole and reasonable discretion deems necessary for

Company, provided all such insurance, including renewals, shall be subject to the approval of

21

COSADC for adequacy of protection and evidence of such coverage shall be furnished to

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

providing that it will not be canceled during the term of this Agreement without thirty (30)

calendar days prior written notice to COSADC. Completed Certificates of Insurance shall be

filed with COSADC prior to engaging in the Performance Requirements specified in this

Agreement, provided, however, that Company shall at any time upon request file duplicate

copies of the policies of such insurance with COSADC.

If COSADC notifies Company in writing that prevailing conditions warrant the provision

by Company of additional liability insurance coverage, or coverage which is different in kind,

Company agrees to negotiate in good faith with COSADC with respect to the provision by

Company of an amount of coverage different from the amounts or kind previously required,

where such modification substantially serves a direct interest of COSADC reasonably related to

Company’s performance of obligations under this Agreement.

21. NONDISCRIMINATION: Company represents and warrants to COSADC that

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

discrimination in connection with Company’s performance under this Agreement on account of

race, color, sex, religion, age, handicap, marital status or national origin. Company further

covenants that no otherwise qualified individual shall, solely by reason of race, color, sex,

religion, age, handicap, marital status or national origin, be excluded from participation in, be

denied employment or other services, or be subject to discrimination under any provision of this

Agreement.

22. INDEPENDENT CONTRACTOR: COSADC and Company acknowledge that

Company is an independent contractor, and that no term or provision hereof or act of Company

22

in performance of this Agreement shall be construed as making Company an agent or employee

of COSADC. All officers and employees of Company shall be solely responsible to Company,

and COSADC shall not have any authority, responsibility, or liability with respect thereto.

23. NO JOINT VENTURE: It is acknowledged and agreed by the parties that the terms of

this Agreement are not intended to and shall not be deemed to create any partnership or joint

venture among the parties. COSADC, its past and future officers, employees and agents do not

assume responsibilities or liabilities of any third party in connection with Company’s operations

or employees at Sites.

24. NO THIRD PARTY BENEFICIARIES: This Agreement is not intended to confer any

rights, privileges or causes of action upon any third party.

25. COSADC’S TERMINATION RIGHTS:

A. COSADC shall have the right to terminate this Agreement, with written notice to

Company and sixty (60) days opportunity for Company to cure, upon the occurrence of an event

of Company’s substantial and material default of its obligations under this Agreement. In such

event, COSADC shall not be obligated to pay any amounts to Company for which Company has

failed to meet the Performance Requirements under this Agreement, and Company shall repay

COSADC all Direct Incentives provided to Company for which Company has failed to meet the

Performance Requirements under this Agreement.

B. The dissolution or termination of Company’s existence as a going business or

concern, Company’s insolvency, appointment of receiver for Company’s portion of the property,

any assignment of all or substantially all of the assets for the benefit of creditors of Company, or

the commencement of any proceeding under any bankruptcy or insolvency laws by or against

23

Company, shall each be deemed an event of default. However, in the case of involuntary

proceedings, if such proceedings are discharged within sixty (60) days after filing, no event of

default shall be deemed to have occurred.

26. ASSIGNMENT: This Agreement shall not be assigned by Company, in whole or in

part, without the prior written consent of COSADC, which may be withheld or conditioned, in

the sole discretion of COSADC; provided, however, that Company may assign all or any part of

this Agreement to a company controlling, controlled by, or under common control with

Company, or in the event of a merger of the Company, a change in control of the Company, or

the sale, transfer or assignment of all or substantially all of the Company’s assets and operations

in San Angelo, to the surviving or acquiring entity.

27. 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

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 third day after being posted

or the date of actual receipt, whichever is earlier.

TO COMPANY: TO COSADC:

MedHab, LLC City of San Angelo Development Corporation

Attn: Johnny Ross Attn: COSADC Director

1120 South Freeway P.O. Box 1751

Fort Worth, TX 76104 San Angelo, TX 76902

28. REPRESENTATION AND WARRANTY OF COSADC: COSADC represents

and warrants that at the signing and delivery of this Agreement, all actions have been taken as

required under applicable law to assure that COSADC’S stated payment and other obligations

24

hereunder are valid and enforceable obligations, including all necessary approvals and related

actions of the City of San Angelo City Council; and that all funds to become due and payable to

Company according to this Agreement are funded, have been set aside, encumbered, and

authorized, and are available for payment to Company at such time as payment is to be made

hereunder.

29. 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 the 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.

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.

F. Company's failure to perform any term or condition of this Agreement as a result

of conditions beyond its control such as, but not limited to, war, strikes, fires, floods, acts of

25

God, governmental restrictions, power failures, or damage or destruction of any network

facilities or servers, shall not be deemed a breach of this Agreement.

G. This Agreement shall be binding upon the parties hereto, their heirs, executors,

legal representatives, successors, or assigns.

H. In the event any legal action or proceeding is commenced between COSADC and

Company to enforce provisions of this Agreement or to recover damages for breach, the

prevailing party in such legal action shall be entitled to recover its reasonable attorney’s fees and

expenses incurred by reason of such action, unless prohibited by law.

I. This Agreement may be executed in multiple counterparts, each of which shall be

deemed an original, and all of which, taken together, shall constitute but one and the same

instrument, which may be sufficiently evidenced by one counterpart.

J. Failure by either party on one or more occasions to exercise one or more of its

rights hereunder shall not be construed as waiver of such right or rights, and rights granted

hereunder are in addition to those available under law and equity.

K. All of the provisions shall be applicable to any dispute between all or any of the

parties arising from this Agreement, whether prior to or following expiration or termination of

this Agreement, until any such dispute is finally and completely resolved between such parties,

either by written settlement, entry of a non-appealable judgment or expiration of all applicable

statutory limitations, periods and all terms and conditions of this Agreement relating to dispute

resolution and limitation on damages or remedies shall survive any expiration or termination of

this Agreement.

30. EXHIBITS: The following Exhibits “A”, “B”, “C”, “D” and “E” are attached and

incorporated by reference for all purposes.

Exhibit “A”: Direct Job Creation Incentive Requirements for Eligible Jobs

26

Exhibit “B”: Request for Payment of Job Creation Incentives

Exhibit “C”: Request for Reimbursement of Eligible Capital Investment Expenditures

Exhibit “D”: Affidavit of Compliance for New Jobs Created and Eligible Jobs Retained

Exhibit “E”: Affidavit of Compliance for Capital Investment Direct Incentive

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 first written

above.

CITY OF SAN ANGELO DEVELOPMENT CORPORATION,

a non-profit corporation

ATTEST:

_______________________________ ______________________________

Cindy Hartin, Corporate Secretary Larry Teague, President

MedHab, LLC

ATTEST:

By:__________________________________ _________________________________

Its: Its:

Print Name: Print Name:

APPROVED AS TO CONTENT:

____________________________

Shawn Lewis, Executive Director

APPROVED AS TO FORM AND APPROVED AS TO INSURANCE

CORRECTNESS: REQUIREMENTS:

______________________________ __________________________________

Lysia H. Bowling John Seaton

City Attorney Risk Manager

27

Exhibit “A”

Direct Job Creation Incentive Requirements for Eligible Jobs

Pursuant to the terms of the Economic Development Performance Agreement (the “Agreement”)

entered into between MedHab, LLC and the City of San Angelo Development Corporation

having an effective date of ________________, 2011 (the “Agreement”), the direct job creation

incentives shall be paid to Company as additional Eligible Jobs are created and retained by

Company, and verified by the COSADC. “Additional Eligible Job” shall mean creation and

retention of a new eligible job that is in addition to the total number of Jobs retained by

Company at the time the new job is created. (For example, if a new job is created and a

different, existing job is eliminated, the new job would not be counted as the creation and

retention of an additional eligible job.) For each additional Eligible Job created and retained by

Company within six years from the Effective Date of the Agreement, COSADC agrees to pay a

direct job creation incentive in the amount of Seven Thousand Nine Hundred Twenty-Nine and

00/100 Dollars ($7,929.00), provided Company has complied with all directly applicable

requirements outlined in the Agreement.

A. For the purposes of this Agreement, one Eligible Job is a job created in San Angelo for

which Company paid annual wages in an amount at least 10 percent higher than the current

Labor Market Information provided by the Texas Workforce Commission as obtained from

the Concho Valley Workforce Board as of the date of this agreement which documents San

Angelo annual gross wages for the particular job title.

B. Company direct Job Creation Incentive payments shall be applicable for each Eligible Job

created, for up to Two Hundred Twenty-seven (227) Eligible Jobs at Company’s operations

in San Angelo, Texas.

28

C. Company may request a Direct Incentive payment for additional Eligible Jobs created no

more than twice per calendar year, and may request payment only for additional Eligible Jobs

created during the six month period covered on the Request for Payment form.

D. In no event shall Company receive more than Seven Thousand Nine Hundred Twenty-Nine

and 00/100 Dollars ($7,929.00) per additional Eligible Job created and retained, nor more

than a total One Million Eight Hundred Thousand and 00/100 Dollars ($1,800,000.00) in

total direct job creation and retention incentives for jobs created and retained at its Sites in

San Angelo.

29

Exhibit “B”

Request for Payment of Job Creation Incentives

I____________________________, an authorized agent of MedHab, LLC, request the following

payments pursuant to the terms of the Economic Development Performance Agreement entered

into between MedHab, LLC and the City of San Angelo Development Corporation dated

________________.

Job Creation Incentive Payment Request

This is to certify that MedHab, LLC has, during the six-month performance period from

_____________ to ______________, 201__, performed as reported below:

A. Created ______________ new Eligible Jobs at San Angelo sites

B. Continued employment of ___________ total Eligible Jobs at the San Angelo location,

for which $______________ in incentive payments have been received by MedHab, LLC

C. Paid total wages and benefits during the performance period of $_________________,

to a total of _____ employees at the San Angelo location

D. Paid annual wages and benefits of at least 10 percent higher than the 2012 San Angelo

wage rate to one or more employees at the San Angelo location during the performance

period. A detail wage report is attached and includes the employee position number, job

title, months employed, and wages paid during the reporting period for each Eligible Job.

Signature _____________________________ Date:__________________

Subscribed and sworn to (or affirmed) before me on this ____________ day of __________20__

by __________________________________, proven to me on the basis of satisfactory evidence

to be the person(s) who appeared before me.

Signature_____________________________

(Attach documentation as necessary to demonstrate compliance with the terms of the agreement)

30

Exhibit “C”

Request for Reimbursement of Eligible Capital Investment Expenditures

I____________________________, an authorized agent of MedHab, LLC, request

reimbursement for the following eligible capital investment expenses pursuant to the terms of the

Economic Development Performance Agreement entered into between MedHab, LLC and the

City of San Angelo Development Corporation dated ________________.

Eligible Capital Investment Incentive Reimbursement Request

This is to certify that MedHab, LLC has, during the three-month performance period from

_____________ to ______________, 20___, made eligible capital investment expenditures for

San Angelo operations, as detailed below.

A. Made capital investment expenditures for eligible business tangible personal property at

the San Angelo location in the total amount of $ ______________

B. Made capital investment expenditures for eligible renovations and improvements to real

property at the San Angelo location in the total amount of $ ______________

C. Made expenditures for eligible code compliance fees and costs associated with

renovations and improvements to real property at the San Angelo location in the total

amount of $______________

Signature _____________________________ Date:__________________




Signature_____________________________


31

Exhibit “D”

Affidavit of Compliance

for New Jobs Created and Eligible Jobs Retained

STATE OF TEXAS §

TOM GREEN COUNTY §

Before me, the undersigned authority, personally appeared the affiant, who, being by me

duly sworn, deposed as follows:

My name is ________________________________________________. I am of sound mind,

capable of making this affidavit, personally acquainted with the facts herein stated, and make the

following statement under oath and under penalty of perjury:

1. I am the custodian of the records of MedHab, LLC. Attached hereto are _______ pages of

records from ________________. These______ pages are records kept by MedHab, LLC.

2. I make this affidavit pursuant to the terms of the Economic Development

Performance Agreement entered into between MedHab, LLC and the City of San

Angelo Development Corporation dated , 2012; that I

understand the obligation to submit this affidavit is an ongoing, annual obligation

for the Effective Term of said Agreement as described in Section 9 “Annual

Certification Requirement”, of the Agreement

3. I have personally reviewed these records on this date and certify that I personally identify

these records as being correct; that I, or MedHab, LLC, kept these records in the regular

course of business; that an employee or representative of MedHab, LLC, with knowledge of

the act or event made the records or transmitted the information thereof to be included in

such records; and the records were made at or near the time of the acts, or events recorded.

4. The records attached hereto are the originals or exact duplicates of the originals.

32

5. MedHab, LLC has for the past year created the following Eligible Jobs which have

been paid the below stated average wages and benefits:

Description of Eligible Job Position Average Wages and Benefits

6. MedHab, LLC has for the annual year 20 , created a total of

new Eligible Jobs and continued employment of total Eligible Jobs for which

incentives have been received, and has paid average per job wages and benefits of

$______________________ during the reporting period from January 1, 20 ,

through December 31, 20 , in accordance with requirements of the

Agreement.

Signature _____________________________ Date:__________________

Subscribed and sworn to (or affirmed) before me on this ____________ day of

__________20__ by _________________________________, the

of MedHab, LLC, proven to me on the basis of satisfactory evidence to be the person who

appeared before me.

Signature_____________________________


33

Exhibit “E”


for Capital Investment Direct Incentive

I______________________________________________________, an authorized agent of

MedHab, LLC, make the following statement under oath and under penalty of perjury: That I am

the _________________________

of MedHab, LLC San Angelo, Texas; that I make this affidavit pursuant to the terms of the

Economic Development Performance Agreement (the “Agreement”) entered into between

MedHab, LLC and the City of San Angelo Development Corporation dated ________________;

that I understand the obligation to submit this affidavit is an ongoing annual obligation for the

Effective Term of the Agreement as described in Section 10 of the Agreement and finally that

MedHab, LLC has for the past year made eligible capital investment expenditures for personal

tangible business property in the amount of $ ___________, and made eligible capital investment

expenditures for real property improvements and renovations at the Company’s San Angelo plant

in the amount of $______________________, and that all expenditures presented herewith for

reimbursement are in compliance with the terms of the Agreement.

Signature _____________________________ Date:__________________




Signature_____________________________


C I T Y O F S A N A N G E L O

BID TABULATION * RFB NO: ES-02-1/Pedestrian Improvement Project * July 12, 2012

JR's Landscaping Templeton $ 818,873.90 $ 896,900.00

$ 299,723.00 $ 203,300.00 $ 136,000.00 $ 97,800.00

Total Base Bid 1,254,596.90$ 1,198,000.00$ Rank 2 1

$ 294,276.00 $ 293,100.00

$ 130,755.00 $ 86,700.00

$ 91,695.00 $ 95,000.00

$ 115,340.00 $ 79,900.00

$ 82,085.00 $ 66,700.00

$ 51,825.00 $ 57,900.00 Total Alternates 765,976.00$ 679,300.00$

Total Base Bid & Alternates 2,020,572.90$ 1,877,300.00$ Rank 2 1

Alternative #1 - Chadbourne Street & Twohig Avenue Intersection

Base Bid - Chadbourne Street from 5th Street to Beauregard AvenueBase Bid - Chadbourne Street & Concho Avenue IntersectionBarricades, Moblization, Contigency

Alternative #6 - Southeast Corner of Twohig Avenue & Oaks Street

Alternative #4 - Chadbourne Street from Twohig Avenue to Concho Avenue Mid-Block West Side North Part

Alternative #5 - Chadbourne Street from Twohig Avenue to Concho Avenue Mid-Block West Side South Part

Alternative #2 - Chadbourne Street from Twohig Avenue to Concho Avenue Mid-Block East Side North Part

Alternative #3 - Chadbourne Street from Twohig Avenue to Concho Avenue Mid-Block East Side South Part

Y:\Boards & Commissions\TIRZ\MEETINGS\2012\07-18-12\Bid Tab Summary Downtown Pedestrian Imprvement Project

BASE BID: Intersection of Concho & of Concho & Chadbourne

Mid-block Add Alternates (#’s 2-5) Graphic

#2 & # 3--East side of mid-block: $181,700

#4 & #5--West side of mid-block: $146 600#4 & #5 West side of mid block: $146,600

SE Corner of Oakes & Twohig: $57,900

Base Bid: 3rd to 5th, Full Streetscape

Concrete/brickBrickNew curbing

Tree/tree wellStreet lightTrash receptacleNew curbing

BenchTrash receptacle

Base Bid: 3rd to Beauregard

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MINUTE RECORD OF THE CITY OF SAN ANGELO TAX INCREMENT REINVESTMENT ZONE MEETING HELD ON WEDNESDAY, JULY 18, 2012 AT 12:00 PM, MCNEASE CONVENTION CENTER, 500 RIO CONCHO DRIVE. PRESENT: Lee Pfluger, David Mazur, Rod Villegas, Nelly Perez, Roger Allen,

William Dendle, Bob Pfluger ABSENT: John Calvert (AU), Mike Campbell (AU) & Rebekah Brackin (AE) &

Craig Kinney (AU) STAFF: Shawn Lewis, Director of Community & Economic Development Robert Schneeman, Development Coordinator

Nora Regino, Sr. Administrative Assistant

I. Call to order, establish quorum

The meeting was called to order at 12:04 pm. It was established that a quorum was present.

II. Public comment The chair will call for public comment on each item on the agenda at its appropriate time. Public input on an item not on the agenda may be identified and requested for consideration by the board at this time.

There was no public comment.

III. Consideration of approving the minutes from the June 20, 2012 meeting.

Motion, to accept minutes as presented, was made by William Dendle with a second by David Mazur. Motion passed unanimously, 7-0.

IV. Review and consideration of the current financial report(s) (Presentation by Development Coordinator, Bob Schneeman)

Bob Schneeman, Development Coordinator, came forward to present this item. No public comment was made.

V. Consideration and possible action regarding the Bid Tabulation for RFB No. ES-02-1, Pedestrian Improvement Project (Presentation by Community & Economic Development Director, Shawn Lewis and City Engineer Clinton Bailey)

Shawn Lewis, Director of Community & Economic Development and Clinton Bailey, City Engineer, presented this item. Mr. Lewis explained that city staff received two bids. The lower bidder, Templeton Construction, came in at a cost of $1,198,000.

robert.schneeman

Polygon

of 2

Motion to approve staff recommendation to present to Council a recommendation to approve the selection of Templeton Construction and to fund the base bid plus bid alternates 4, 5, and 6 ( the west side of Chadbourne between Concho and Twohig Avenues, both sections, and the southeast corner of Twohig Avenue and Oakes Street) was made by David Mazur with a second by Rod Villegas. Motion passed unanimously, 7-0.

VI. Status update regarding Downtown and North Angelo Incentives projects (Presentation by Development Coordinator, Bob Schneeman)

Due to time constraint, item will be presented at the next regularly scheduled meeting, August 15, 2012.

VII. Announcements and consideration of future agenda items

None

VIII. Adjournment Motion, to adjourn, was made by Roger Allen and seconded by Bob Pfluger. The motion carried unanimously and the meeting was adjourned at 1:32 pm. _________________________________________ Lee Pfluger, TIRZ Chairman

robert.schneeman

Polygon

City of San Angelo

Memo

Date: August 8, 2012

To: COSADC Board

From: Cindy Hartin, Economic Development Coordinator

Subject: Agenda Item for August 21, 2012

Contact: Shawn Lewis or Cindy Hartin, 653-4755

Caption: Consideration and possible action regarding a recommendation by the COSADC Board to approve the MedHab Economic Development Agreement and authorizing the President of the COSADC Board of Directors to execute the agreement, and any other necessary action thereto

Summary: MedHab, LLC is a medical device company considering a location of their permanent operations plant in San Angelo. This high-tech company has received multiple patents for their products, and have other provisional patents filed for future products. The agreement was approved by the COSADC Board on August 8, 2012.

History: MedHab was started by Johnny Ross, a San Angelo native, and Tim Sanghera. Several of the economic development partners worked with the company owners in the past few years to help them refine their business, operational, and marketing plans. The Company has also worked with Tech Ft. Worth, an incubator affiliated with the University of North Texas.

MedHab has worked with several departments at Angelo State University for website development, physical therapy research, and a human resources survey tool. MedHab hired its first San Angelo employee who is a graduating ASU student in August, 2012.

Financial Impact: All incentives will be paid and/or reimbursed after verification of performance and/or expenditure by the Company. Total cash value of all incentives to be paid from economic development sales tax proceeds will be $2,795,500, and the total value of incentives to be paid from property tax revenues will be $94,339. Additionally, the value of Incubator space to the company is calculated as foregone lease payments for three years, which results in a cost savings to the company of $648,000. As the Incubator building is currently owned by the COSADC, there will be no additional cash costs associated with this portion of the recommended incentive offer.

Other Information/

Recommendation: Authorize the President of the COSADC Board to execute agreement.

Attachments: Economic Development Performance Agreement for MedHab, LLC

Presentation: Cindy Hartin, Economic Development Coordinator

A RESOLUTION BY THE CITY OF SAN ANGELO CITY COUNCIL, WITH ATTACHMENTS, AUTHORIZING THE CITY OF SAN ANGELO DEVELOPMENT CORPORATION (COSADC) TO EXECUTE AN ECONOMIC DEVELOPMENT PERFORMANCE AGREEMENT IN SUBSTANTIALLY THE ATTACHED FORM, WITH MEDHAB, LLC, PROVIDING FOR DIRECT INCENTIVES IN THE FORM OF GRANTS FOR REIMBURSEMENT TO MEDHAB, LLC OF PORTIONS OF BUSINESS EXPENSES INCURRED FOR JOB CREATION AND RETENTION, AND, FOR CAPITAL INVESTMENT AND LEASING OF FACILITIES, MACHINERY, AND EQUIPMENT IN SAN ANGELO, TEXAS.


WHEREAS, on August 8, 2012, the COSADC Board of Directors have approved, subject to approval of the City Council, an Economic Development Performance Agreement with MedHab, LLC, a Texas limited liability company, a copy of which is attached hereto as Exhibit “A”, providing for grants for reimbursement to MedHab, LLC of portions of business expenses incurred by MedHab, LLC for job creation and retention, and, for capital investment and leasing of facilities, machinery and equipment in San Angelo; and,

WHEREAS, the City Council has determined that approval of the Economic Development Performance Agreement providing for job creation and retention, and for capital investment and leasing of facilities, machinery and equipment in San Angelo serves the public purpose of the promotion and development of new and expanded business enterprises in the City of San Angelo; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF SAN ANGELO, TEXAS THAT: The City Council for the City of San Angelo hereby approves the Economic Development Performance Agreement by and between the COSADC and MedHab, LLC, providing for grants for reimbursement to MedHab, LLC of portions of business expenses incurred by MedHab, LLC for job creation and retention, and, for capital investment and leasing of facilities, machinery and equipment in San Angelo, a copy of which is attached to this Resolution as Exhibit “A” PASSED and APPROVED THIS DAY OF , 2012.


ATTEST: Johnny Silvas, Mayor Pro Tempore




A RESOLUTION BY THE CITY OF SAN ANGELO CITY COUNCIL APPROVING AN ECONOMIC DEVELOPMENT PERFORMANCE AGREEMENT BY AND BETWEEN THE CITY OF SAN ANGELO DEVELOPMENT CORPORATION (COSADC) AND MEDHAB, LLC, PROVIDING FOR DIRECT INCENTIVES IN THE FORM OF GRANTS FOR REIMBURSEMENT TO MEDHAB, LLC OF PORTIONS OF BUSINESS EXPENSES INCURRED FOR JOB CREATION AND RETENTION, AND, FOR CAPITAL INVESTMENT AND LEASING OF FACILITIES, MACHINERY AND EQUIPMENT IN SAN ANGELO.


WHEREAS, the COSADC Board of Directors have authorized, subject to approval of the City Council, the negotiation and execution of an Economic Development Performance Agreement with MedHab, LLC, a Texas limited liability company, in substantially the form of Exhibit “A” attached to this resolution, providing for grants for reimbursement to MedHab, LLC of portions of business expenses incurred by MedHab, LLC for job creation and retention, and, for capital investment and leasing of facilities, machinery and equipment in San Angelo; and,

WHEREAS, the City Council has determined that approval of the Economic Development Performance Agreement providing for job creation and retention, and for capital investment and leasing of facilities, machinery and equipment in San Angelo serves the public purpose of the promotion and development of new and expanded business enterprises in the City of San Angelo; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF SAN ANGELO, TEXAS THAT: The City Council for the City of San Angelo hereby approves the Economic Development Performance Agreement by and between the COSADC and MedHab, LLC, providing for grants for reimbursement to MedHab, LLC of portions of business expenses incurred by MedHab, LLC for job creation and retention, and, for capital investment and leasing of facilities, machinery and equipment in San Angelo, in substantially the form of Exhibit “A” attached to this resolution. PASSED and APPROVED THIS DAY OF , 2012.


ATTEST: Johnny Silvas, Mayor Pro Tempore Alicia Ramirez, City Clerk



ECONOMIC DEVELOPMENT PERFORMANCE AGREEMENT

This Economic Development Performance Agreement (“Agreement”) is entered into this

___ day of ____________, 2012, (the Effective Date) by and between the City of San Angelo

Development Corporation, a Texas non-profit corporation (“COSADC”) and MedHab, LLC, a

Texas limited liability company qualified to transact business in Texas (“Company”).

RECITALS:

A. COSADC is non-profit corporation authorized by law to expend economic

development sales and use tax proceeds for authorized projects, subject to approval of the City of

San Angelo City Council. Such authorized projects include expenditures for the creation or

retention of primary jobs and found by the board of directors to be required or suitable for the

development, retention, or expansion of manufacturing and industrial facilities.

B. COSADC is authorized to provide direct incentives or make expenditures on

behalf of a business enterprise under an authorized project pursuant to a performance agreement

with the business enterprise which provides, at a minimum, for a schedule of additional payroll

to be created or retained and capital investment to be made as consideration for any direct

incentives provided and specifies the terms under which repayment must be made if the business

enterprise does not meet the Performance Requirements specified in the agreement.

C. Company is a business enterprise to be engaged in the distribution, sale, support,

and manufacture of medical device products at one or more facilities to be established and

permanently located in San Angelo, Texas (“Sites”). Company and COSADC each believe that

creation of jobs, capital improvements, and capital investments by Company at such Sites will

have a significant and positive economic impact on Company and City of San Angelo (“City”).

2

D. COSADC has determined that provision of direct incentives to Company are in

the public interest and serve a public purpose in promoting the welfare of the residents of the

City economically by securing Company as a viable business enterprise and as a result in

maintaining a higher level of employment, economic activity, and stability for the City.

E. In consideration for creation of primary jobs and to establish company Sites

pursuant to this agreement, the Company is seeking direct incentives from COSADC for primary

job creation, including reduced rate lease space, and in addition, reimbursement of eligible

capital investment costs and eligible lease costs, certain renovation costs, and code compliance

costs, and COSADC agrees to provide such incentives and expenditures on behalf of Company

under a performance agreement with Company, in accordance with the provisions of law

(“Direct Incentives”).

F. On January 3, 2012, the City Council of the City of San Angelo, Texas, approved

the recommendation of COSADC to negotiate and execute a performance agreement between

COSADC and Company, under the terms and conditions set forth herein and in an amount not to

exceed Two Million Seven Hundred Ninety-Five Thousand Five Hundred and 00/100 Dollars

($2,795,500.00) to be paid from COSADC funds.

NOW, THEREFORE, in consideration of the mutual benefits and promises and for

other good and valuable consideration, the receipt and sufficiency of which are hereby

acknowledged, COSADC and Company agree as follows:

TERMS:

1. RECITALS: The above-stated recitals are true and correct and are hereby incorporated

into and made a part of this Agreement.

2. TERM: Unless terminated earlier in accordance with its terms, this Agreement shall

terminate on the later of January 1, 2019, or six (6) years after final payments have been made by

COSADC on behalf of the Company pursuant to this Agreement (“Effective Term”).

3

3. PERFORMANCE REQUIREMENTS: In consideration of COSADC agreeing to

provide Company Direct Incentives in accordance with the terms, provisions and conditions of

this Agreement:

A. Company acknowledges and agrees to fulfill each performance requirement

specified herein as “Performance Requirement”, not as a binding obligation of Company but

rather as a condition precedent or subsequent that must be fulfilled in order for COSADC to be

obligated to provide, or Company entitled to retain, the specific Direct Incentives applicable to

such Performance Requirement

B Company acknowledges and agrees that it shall repay Direct Incentives and

expenditures provided under this Agreement if Company does not meet the Performance

Requirements applicable to such incentives as are specified in this Agreement.

C. Company acknowledges and agrees that in order for COSADC to provide the

maximum Direct Incentives available to Company under Section 4 “Capital Investment” of this

Agreement, Company must cause the applicable investments to be made as described in said

Section 4, the “Capital Investment” Performance Requirements.

D. Company acknowledges and agrees that in order for Company to receive and to

retain the Direct Incentives paid to Company by COSADC under Section 5 “Job Creation

Incentive” of this Agreement, Company must, within six (6) years of the Effective Date of this

Agreement, create and retain a minimum of Seventy-five (75) full-time equivalent (FTE)

employment positions that qualify as “Primary Jobs” at Sites (“Eligible Jobs”) as defined in

Exhibit A (“Direct Job Creation Incentive Requirements for Eligible Jobs”) hereto as required

under Section 5, which minimum requirement is referred to hereafter as the “Minimum Job

Creation Performance Requirement,” up to a maximum of two hundred twenty-seven (227) such

Eligible Jobs (hereafter the “Maximum Job Creation Performance Requirement”).

4

E. Company acknowledges and agrees that in order for Company to retain the

maximum Direct Incentives paid to Company under Section 5 “Job Creation Incentive” of this

Agreement, Company must retain the number of Eligible Jobs and average wage levels for which

Company has received an incentive payment throughout the Term of this Agreement, measured

respectively each year as the average of Eligible Jobs and the average wage level per Eligible

Job, retained over the one (1) year period following each such incentive payment, for up to six

(6) years after Company received final payment for job creation (“Job Retention Performance

Requirement”).

F. Company acknowledges and agrees that failure to maintain the Job Retention

Performance Requirement for any required periods during the Term of this Agreement will result

in forfeiture of the job creation incentives provided under this Agreement applicable to such

Eligible Jobs, and that Company will be obligated to repay such job creation incentives

previously paid to Company, or a portion thereof, according to the repayment terms established

under Section 13 “Repayment Terms” below.

G. Company acknowledges and agrees that in order for COSADC to provide the

maximum Direct Incentives available to Company under this Agreement, that in addition to the

Performance Requirements to make minimum capital investments and create and retain the

Eligible Jobs, Company must locate an operational facility in San Angelo as further described in

Section 4(A) of this Agreement.

H. COSADC acknowledges that an establishment by Company of any facility in San

Angelo, and any investment by Company in meeting the Performance Requirements stated in

this Agreement, are in direct reliance upon COSADC’s representations, warranties and

undertakings described in this Agreement.

5

4. CAPITAL INVESTMENT:

A. Initial Investment Performance Requirement. As a condition precedent to

COSADC’s payment to Company of Direct Incentives applicable to capital investment in

accordance with the terms, provisions and conditions of this Section 4 of the Agreement,

Company must cause a minimum capital investment of One Hundred Twenty-Five Thousand and

00/100 Dollars ($125,000.00) (the “Initial Investment Performance Requirement”) to be made in

the form of either or both of the following:

renovations or improvements to an existing building at a Site in San Angelo

which shall be purchased, or leased for a minimum of two (2) years, by Company

as an operational facility in the City, and

the purchase of business tangible personal property, including but not limited to

machinery and equipment for use at Company Sites in San Angelo.

B. Personal Property Investment Incentive. No later than six (6) years from the

date of Company’s achieving the Initial Investment Performance Requirement described in

Section 4(A) above, Company shall purchase, or enter into capital lease terms for, business

tangible personal property, including machinery and equipment, in amounts at Company’s

discretion (the “Personal Property Investment Performance Requirement”), which amounts shall

be eligible, up to a total of Two Million and 00/100 Dollars ($2,000,000.00) in such investments,

for a Direct Incentive reimbursement as described below. In consideration for Company’s

achievement of any portion of the Personal Property Investment Performance Requirement

described above, Company shall be eligible for a Direct Incentive in the form of reimbursement

of fifteen percent (15%) of such expenditures, up to a maximum total incentive reimbursement of

Three Hundred Thousand and 00/100 Dollars ($300,000.00) for capital investments in business

tangible personal property (“Personal Property Investment Incentive”) for Sites.

6

C. Real Property Investment Incentive. No later than six (6) years from the date

of Company’s achieving the Capital Investment Performance Requirement described in Section

4(A) above, Company shall cause capital investments in the form of renovations or

improvements to Sites purchased or leased within the City of San Angelo to be made in amounts

at Company’s discretion (the “Real Property Investment Performance Requirement”), which

amounts shall be eligible, up to One Million One Hundred Thousand and 00/100 Dollars

($1,100,000.00), for a Direct Incentive reimbursement as described in the next sentence. In

consideration for achievement of all or any part of such Real Property Investment Performance

Requirement, Company shall be eligible for a Direct Incentive in the form of reimbursements of

fifty-two percent (52%) of eligible expenditures made to renovate or improve real property for

the Company’s Sites, up to a maximum total incentive for real property renovation and

improvement reimbursement of Five Hundred Seventy-Five Thousand and 00/100 Dollars

($575,000.00) (“Real Property Investment Incentive”).

D. Code Compliance Expenditure Incentive. With respect to Company’s eligible

code compliance expenditures made to renovate real property for the Company’s Sites (“the

Code Compliance Performance Requirement”), Company shall be eligible for reimbursement of

twenty-five percent (25%) of up to Fifty Thousand and 00/100 Dollars ($50,000.00) of such

expenditures, up to a maximum total incentive for code compliance reimbursements of Twelve

Thousand Five Hundred and 00/100 Dollars ($12,500.00) (“Code Compliance Expenditure

Incentive”).

E. Documentation and Reimbursement Requirement. As a further Performance

Requirement of this Agreement, Company shall provide, no later than August 31 each calendar

year during the Term of this Agreement, certified copies of the rendition statements and property

tax reports delivered to the Tom Green County Chief Appraiser pursuant to V.T.C.A. Tax Code

§ 22.01 for each tax year during the Term of this Agreement, and such other documents as

7

Company and COSADC deem reasonable to evidence that the capital investment was made as

required under this Agreement. All reimbursements to be made under Section 4 (titled “Capital

Investment”) shall be made pursuant to the procedures outlined in Section 8 (titled “Payment”)

herein.

5. JOB CREATION INCENTIVE: For Job Creation Incentives, subject to meeting the

applicable requirements stated in this Agreement, Company ,shall become eligible to receive,

and COSADC’S obligation to pay shall not exceed, a maximum Direct Incentive of One Million

Eight Hundred Thousand and 00/100 Dollars ($1,800,000.00) (“Job Creation Incentive”) for

creating and retaining within six (6) years of the Effective Date of this Agreement up to two

hundred twenty-seven (227), full-time Primary Jobs, as defined in Texas Local Gov’t Code

Chapter § 501.002 and meeting the requirements set forth in the attached Exhibit A “Direct Job

Creation Incentive Requirements for Eligible Jobs”, at Company Sites within the City of San

Angelo(“Eligible Jobs”)

A. The Job Creation Incentive payments that Company may become eligible to

receive constitute a per-job cash incentive of Seven Thousand Nine Hundred Twenty-Nine and

00/100 Dollars ($7,929.00), payable under Section 8 “Payment” of this Agreement for each

Eligible Job created during the Term of this Agreement, the retention of which is conditioned

upon meeting a threshold of seventy-five (75) full-time equivalent (FTE) Eligible Jobs and up to

a maximum of two hundred twenty-seven (227) jobs created and retained by Company that are

identified as Eligible Jobs under the terms of this Agreement.

B. Notwithstanding anything to the contrary in this Agreement, under no

circumstances shall COSADC be required to provide Direct Incentives under this Agreement the

aggregate of which would exceed the maximum total of all cash incentives to be paid from

COSADC funds of Two Million Seven Hundred Ninety-five Thousand Five Hundred and 00/100

8

Dollars ($2,795,500.00), nor pay Company’s costs attributable to fulfillment of the Performance

Requirements specified in this Agreement. Company must satisfy the Performance

Requirements specified herein in order to receive Job Creation Incentive amounts as provided for

under this Agreement.

6. CONTINUING JOB RETENTION REPORTS:

Company shall report and certify, no later than February 1 and August 1, each year

during the Effective Term of this Agreement, the number of new Eligible Jobs created and the

number of Eligible Jobs retained at Sites, the job title and the wage level of each created and

retained Eligible Job, by executing and submitting to COSADC an affidavit of compliance in the

form provided in Exhibit “D” entitled “Affidavit of Compliance for New and Retained Eligible

Jobs”, which shall be accompanied by sufficient supporting documentation and contain sufficient

detail to corroborate reasonably the facts certified therein and to allow a reasonable assessment

of the achievement of Performance Requirements specified in this Agreement, should COSADC


7. LEASE ASSISTANCE INCENTIVES

A. Company agrees to establish its initial facility in The Business Incubator Program

operated by the Concho Valley Center for Entrepreneurial Development at 2009 West

Beauregard in San Angelo, and to execute a reduced-rate Program lease within one hundred

twenty (120) days of executing this Agreement. Said lease shall be in the rental amount of One

and 00/100 Dollar ($1.00) per year, for a term not to exceed three (3) years from the date of

execution. Company further agrees to provide to COSADC a copy of the executed lease

agreement within fifteen (15) days of its execution.

B. Should Company’s operational requirements exceed space available at The

Business Incubator Program facility, Company may elect to purchase a permanent location or

lease other suitable space in the City of San Angelo sufficient to ensure continued efficient

9

operations. Should Company secure a lease for space other than in the Business Incubator

facility, Company agrees to provide a copy of the newly executed lease agreement within fifteen

(15) days of execution. In such case COSADC shall pay a Direct Incentive in the form of

reimbursement of lease rental payments on such other lease of twenty-five percent (25%) of the

monthly lease base rental payment, up to a maximum total lease incentive reimbursement of One

Hundred Eight Thousand and 00/100 Dollars ($108,000.00) (“Lease Assistance Incentive”).

Payment of the Lease Assistance Incentive will be in compliance with Section 8 “Payment” of

this Agreement. Company will not be eligible to receive the Lease Assistance Incentive for the

purchase of a permanent facility, but for such purchase will be eligible to receive Capital

Investment Incentives outlined in Section 4 “Capital Investment” subject to meeting the

applicable requirements stated in this Agreement. Company will not be eligible to receive Lease

Assistance Incentive payments for rental payments made under the lease of a facility owned in

whole or part by Company, a subsidiary of Company, or by one or more individuals having an

ownership interest in Company.

C. Company may receive Lease Assistance Incentives outlined in this Section 7,

Paragraphs A or B above, or may receive a combination of the eligible Lease Assistance

Incentives, provided that in no event shall Company be eligible for Lease Assistance Incentives

relating to leased space in excess of three (3) years from the earlier of (a) the expiration or

termination date of the lease at The Business Incubator facility described in 7(A) above or (b) the

first payment of Lease Assistance Incentive under Section 7(B) above.

D. Should Company fail to maintain a Site for which it has been paid Lease

Assistance Incentives within the city limits of San Angelo during the five (5) year period

following the payment of any Lease Assistance Incentive payment for such Site, Company will

be required to reimburse COSADC the value of all Lease Assistance Incentives received by

Company prior to the failure to maintain such Site.

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8. PAYMENT: Eligibility determination for payment of Direct Incentives for which

Company may be eligible and which may be payable to Company under this Agreement shall be

made by COSADC within thirty (30) days after receipt by COSADC of the required affidavits of

compliance, requests for eligible expenditure reimbursements, and supporting documentation

executed and submitted by Company to COSADC in accordance with the requirements of this

Agreement.

A. Company and COSADC acknowledge that COSADC may reasonably require, in

its discretion, by request made within fifteen (15) days of its receipt of Company’s request for

reimbursement with supporting documentation, additional information and documentation to

facilitate COSADC in making an expeditious determination of eligibility, if any, for Direct

Incentives, provided that any such request be reasonable in scope and not calculated to

unnecessarily delay payment.

B. The amount of Job Creation Incentive payments, if any, which may be payable by

COSADC to Company shall be based on the rates and requirements set out in Exhibit “A”;

however, in no event shall the sum of such payments due exceed the maximum amount of One

Million Eight Hundred Thousand and 00/100 Dollars ($1,800,000.00) in consideration for

Company’s compliance with the Maximum Job Creation Performance Requirements and Job

Retention Performance Requirements specified in Sections 5 “Job Creation Incentive”, Section 3

“Performance Requirements and Section 6 “Continuing Job Retention Reports” of this

Agreement. Company may submit a request for payment for new jobs created on a semi-annual

basis using the form attached to this Agreement as Exhibit “B” Request for Payment of Job

Creation Incentives. For clarity, Company shall not be required to meet the Minimum Job

Creation Performance Requirement in order to be paid Job Creation Incentives earned and

requested during the Term of this Agreement, but shall be required to meet and maintain the

11

Minimum Job Creation Performance Requirement in order to retain Job Creation Incentives

previously paid.

C. The amount of Lease Assistance Incentive payments, if any, which may be payable

by COSADC to Company under Section 7 “Lease Assistance Incentives”, Part B , shall be based

on reimbursement of twenty-five percent (25%) of the actual monthly lease base rental payments

expended by Company for a period not to exceed three (3) years after the earlier of (a) the

expiration or termination date of the lease at The Business Incubator facility described in 7(A)

above or (b) the first payment of Lease Assistance Incentive under Section 7(B) above; however,

in no event shall the sum of all Lease Assistance Incentive payments under Section 7(B) above

exceed One Hundred Eight Thousand and 00/100 Dollars ($108,000.00). Such Lease Assistance

Incentives will be paid in consideration for Company’s compliance with the Performance

Requirements specified in Sections 7(B) and (D) of this Agreement. Company shall submit

requests for reimbursement of expended lease rents on a monthly basis.

D. The amount of Personal Property Investment Incentive reimbursements for the

purchase of eligible business tangible personal property, if any, which may be payable by

COSADC to Company shall be based on reimbursement of fifteen percent (15%) of the actual

eligible purchase expenditures by Company up to a maximum of Two Million and 00/100

Dollars ($2,000,000.00) in eligible capital lease or purchase expenditures; however, in no event

shall the maximum amount of Personal Property Investment Incentive payments due or payable

for eligible personal property capital lease or purchase expenditures exceed Three Hundred

Thousand and 00/100 Dollars ($300,000.00). Such reimbursements will be paid in consideration

for Company’s compliance with the Personal Property Performance Requirements specified in

Section 4(B) “Personal Property Investment Incentive” of this Agreement. Company shall

submit a request for Personal Property Investment Incentive payments on a quarterly basis the

same as outlined in Exhibit C “Request for Reimbursement of Eligible Capital Investment

12

Expenditures”. Quarterly payments will be verified against annual Business Personal Property

tax rendition forms filed by Company with the Tom Green County Tax Assessor Collector.

E. The amount of Real Property Investment Incentive payments for eligible capital

improvement and real property renovations, if any, which may be payable by COSADC to

Company shall be based on reimbursement of fifty-two percent (52%) of the actual eligible

expenditures incurred by Company for real property renovations and capital improvements for

Company Sites in San Angelo, up to a maximum sum of such eligible expenditures of One

Million One Hundred Thousand and 00/100 Dollars ($1,100,000.00). In no event shall the

maximum amount of Real Property Investment Incentive payments due or payable under this

Agreement exceed Five Hundred Seventy-five Thousand and 00/100 Dollars ($575,000.00).

Real Property Investment Incentive reimbursements will be payable in consideration for

Company’s compliance with the Real Property Investment Incentive Performance Requirements

specified in Section 4(C) of this Agreement. Company shall submit requests for Real Property

Investment Incentive payments on a quarterly basis as outlined in Exhibit C “Request for

Reimbursement of Eligible Capital Investment Expenditures”.

F. The amount of Direct Incentives for eligible Code Compliance Expenditure Incentive

payments, if any, which may be payable by COSADC to Company shall be based on

reimbursement of twenty-five percent (25%) of the actual eligible expenditures by Company for

code compliance fees up to a maximum sum of code compliance fees of Fifty Thousand and

00/100 Dollars ($50,000.00); however, in no event shall the sum of all Code Compliance

Expenditure Incentive payments due or payable exceed Twelve Thousand Five Hundred and

00/100 Dollars ($12,500.00). Code Compliance Expenditure Incentive reimbursements will be

paid in consideration for Company’s compliance with the Code Compliance Performance

Requirements specified in Section 4(D) of this Agreement. Company shall submit requests for

reimbursement of eligible Code Compliance Expenditure Incentive payments on a quarterly

13

basis the same as outlined in Exhibit C “Request for Reimbursement of Eligible Capital

Investment Expenditures”.

G. Conditioned upon a successful eligibility determination and the calculation by

COSADC of the Direct Incentive amounts payable in accordance with the terms of this

Agreement, COSADC agrees to pay the Direct Incentives to be provided to Company under this

Agreement within thirty (30) days following the successful eligibility determination made by

COSADC, or sixty (60) days after Company has submitted all documentation and information

required under this Agreement that establishes Company’s eligibility for such incentive payment,

whichever first occurs.

9. ANNUAL CERTIFICATION REQUIREMENT: In consideration of COSADC

agreeing to provide Company Direct Incentives in accordance with the terms, provisions and

conditions of this Agreement on verification of Company certifications of compliance with the

capital investment and job creation, retention and average wage level commitments required to

be maintained throughout the Term of this Agreement, Company shall comply with annual

reporting requirements herein, beginning with the period January 1, 2012, through December 31,

2012, and continuing each calendar year thereafter throughout the Term of this Agreement. No

later than February 1st of each year Company must certify for the preceding annual year (a) the

number of new Eligible Jobs and the number of Eligible Jobs retained at Company Sites in San

Angelo, and (b) the amount of new business personal property expenditures and real property

renovation expenditures.

A. The first annual reporting period for which job creation and retention certification

of compliance is required under this Agreement is for the period January 1, 2012, through

December 31, 2012. No later than February 1, 2013, Company must certify the number of new

positions and the number of Eligible Jobs retained at Sites during the period January 1, 2012,

14

through December 31, 2012, including the job classification and the average wage level of each

position, by executing and submitting to COSADC an affidavit of compliance in substantially the

form provided in Exhibit D (Affidavit of Compliance for New Jobs Created and Eligible Jobs

Retained). The affidavit of compliance shall be accompanied by sufficient supporting




B. The first annual reporting period for which personal property purchases and real

property improvement capital investment certification of compliance is required under this

Agreement is for the period January 1, 2012, through December 31, 2012. No later than

February 1, 2013, Company must certify, the amount of new business personal property

expenditures and real property renovation expenditures during the period January 1, 2012,

through December 31, 2012, by executing and submitting to COSADC an affidavit of

compliance in substantially the form provided in Exhibit E (Affidavit of Compliance for Capital

Investment Direct Incentive), which shall be accompanied by sufficient supporting




10. RETENTION OF RECORDS: Company shall maintain, in a manner consistent with

regularly accepted accounting practices and in compliance with this Agreement, fiscal records

and supporting documentation for all Direct Incentives, if any, provided to Company under this

Agreement. Such records shall be maintained by Company for review and examination by

COSADC for the greater of three (3) years from the end of the Term of this Agreement, or any

other period required by other applicable laws and regulations. The provisions of this Section 10