city council august 2, 2011 agenda packet

City Council Agenda of 3 August 2, 2011

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 2, 2011 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 6:30 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

United Way of the Concho Valley's Children's Day Parade, Saturday, August 13, 2010, 10:00 A.M., at Kirby Park and Held in Conjunction with the United Way of the Concho Valley's Campaign Kickoff, to be accepted by Patti Breitreiter, President and Chief Executive Officer of the United Way and Brenda Gunter, Campaign Chair

D. Public Comment

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

II. CONSENT AGENDA 1. Consideration of approving the July 19, 2011 City Council Regular meeting minutes 2. Consideration of approving the contractors selected under the Pre-Qualification Request for Bidding

(WU-08-11A) for the Hickory Water Supply Transmission Main Project 3. Consideration of authorizing the City Manager to execute Change Order #1 (ES-1-11) to the 50 th

Street Construction & Grape Creek Reconstruction Projects awarded to Reece Albert, Inc. in the amount of $86,454.04 for the extension of Schroeder Avenue from Producers Park to Magnolia Street

4. Second hearing and consideration of adoption of an Ordinance amending Chapter 12, Exhibit “A” of the Code of Ordinances, City of San Angelo SU 11-02: Ray Zapata


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: a 1.722 acre tract located approximately 285’ west of the intersection of Old Knickerbocker Road and South Bry ant Boulevard, approving a Special Use to allow placement of a “band stand” or “stage” (categorized as m ajor entertainm ent event) in a Light Manufacturing (ML) District; PROVIDING FOR SEVERABILITY AND PROVIDING A PENALTY

5. Second hearing and consideration of adoption of an Ordinance amending Chapter 12, Exhibit "A" of the City of San Angelo Code of Ordinances regarding the maximum permitted accessory building floor area in Ranch & Estate districts AN ORDINANCE AMENDING CHAPTER 12, EXHIBIT “A” OF THE CODE OF ORDINANCES, OF THE CITY OF SAN ANGELO, TEXAS, BY AMENDING SUBSECTION 402.A.2 PROVIDING A MAXIMUM PERMITTED ACCESSORY BUILDING FLOOR AREA IN RANCH & ESTATE (R&E) DISTRICTS; BY AMENDING SUBSECTION 203.B.1; PROVIDING FOR ADMINISTRATIVE ADJUSTMENTS PERMITTED FOR FLOOR AREA OF RESIDENTIAL ACCESSORY BUILDINGS; PROVIDING FOR SEVERABILITY; AND PROVIDING AN EFFECTIVE DATE

6. Second Hearing and consideration of adoption of an Ordinance amending the monthly water base rates and usage rates AN ORDINANCE AMENDING APPENDIX A, ARTICLE 8.000 OF THE CODE OF ORDINANCES, CITY OF SAN ANGELO TEXAS, BY AMENDING SECTION 8.200 “MONTHLY WATER RATES” TO REPEAL SUBSECTION 8.200(a)(1) IN ITS ENTIRETY; AND ADOPTING A NEW SUBSECTION 8.200(a)(1) ESTABLISHING NEW MONTHLY BASE RATES FOR VARIOUS METER SIZES AND USAGE RATES, PROVIDING FOR SEVERABILITY, PROVIDING FOR A PENALTY AND PROVIDING FOR AN EFFECTIVE DATE

7. Second Hearing and consideration of adoption of an Ordinance amending established boundaries of Single Member District 1 AN ORDINANCE AMENDING THE ESTABLISHED BOUNDARIES OF SINGLE MEMBER DISTRICT NUMBER 1 FOR THE PURPOSE OF INCORPORATING NEWLY UNINHABITED ANNEXED AREAS INTO SAID DISTRICT, AND PROVIDING AN EFFECTIVE DATE

III. REGULAR AGENDA:

F. EXECUTIVE/CLOSED SESSION

Executive Session under the provision of Governm ent Code, Title 5. Open Governm ent; Ethics, Subtitle A. Open Governm ent, 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 com pany 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

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


G. PUBLIC HEARING AND COMMENT

8. Update by Siemens Industry, Inc. regarding the feasibility of a landfill gas project as outlined in the Letter of Intent (approved by City Council in December 2010) and any action related thereto

(Presentation by Assistant City Manager Elizabeth Grindstaff, Martha Senf and Chad Nobles with Siemens Technology)

9. Consideration of modifications to the Water Conservation/Drought Contingency Plan and any action in connection thereto

(Presentation by Water Utilities Director Will Wilde)

10. Discussion of the 2011-2012 budget goals, policy, and all City funds, including, but not limited to:

a. General Fund, Water Fund, Waste Water Fund, other funds, and fund balances, and any action in connection thereto

b. Consideration of a record vote to propose a property tax rate for FY 2011-2012, and any action in connection thereto

(Presentation by Finance Director Michael Dane and City Manager Harold Dominguez)

11. Presentation and discussion regarding water treatment alternatives for the Hickory Water Supply Project and any action in connection thereto

(Presentation by Water Utilities Director Will Wilde and Carollo Engineering representative Hutch Musallam)

12. Discussion of stormwater utility fee revenue, budget expenditures and program activities

(Presentation by City Engineer Clinton Bailey)

13. Discussion and consideration of pumping water from the south pool of the Twin Buttes reservoir

(Presentation by Water Utilities Director Will Wilde)

H. FOLLOW UP AND ADMINISTRATIVE ISSUES

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

15. Consideration of a Board nominations by Council and designated Councilmembers:

a. Downtown Development Commission: Tim Edwards to an unexpired term February 2013

16. Consideration of designating a chairperson or co-chairpersons from the appointed members of the Downtown Development Commission

17. Consideration of Future Agenda Items

18. Adjournment

Given by order of the City Council and posted in accordance with Title 5, Texas Government Code, Chapter 551, Wednesday, July 27, 2011, at 5:00 P.M.

/s/________________________ Alicia Ramirez, City Clerk

Addendum

P R O C L A M A T I O N WHEREAS, The U nited W ay of t he C oncho V alley's m ission is to

increase the organized capacity of people to care for one another; and

WHEREAS, The U nited W ay of t he C oncho Valley has shown great

initiative and e nhanced the qua lity of life in the Concho Valley; and

WHEREAS, The United Way of the Concho Valley works tirelessly to

increase awareness of the needs of people in this community and strives to assist them thr ough the s ervices of its nineteen member agencies that provide twenty programs

NOW THEREFORE, I, Alvin New, Mayor of the City of San Angelo, Texas, on behalf of the City Council, do hereby declare Saturday, August 13, 2011 as:

UNITED WAY OF THE CONCHO VALLEY'S CHILDREN'S DAY

CELEBRATED WITH A CHILDREN'S PARADE AT 10 A.M. AT KIRBY PARK

HELD IN CONJUNCTION WITH THE UNITED WAY OF THE CONCHO VALLEY'S

CAMPAIGN KICKOFF

and urge all citizens to participate in this extraordinary, humanitarian effort.

IN WITNESS WHEREOF, I have hereunto set my hand and caused the Seal of the City to be affixed this 2nd day of August, 2011.

THE CITY OF SAN ANGELO

____________________________________________ ALVIN NEW, MAYOR

CITY COUNCIL MINUTE RECORD The City of San Angelo Page 819 Tuesday, July 19, 2011 Vol. 102

OPEN SESSION BE IT REMEMBERED City Council convened in a regular meeting at 9:00 A.M., Tuesday, July 19, 2011, in the San Angelo McNease Convention Center, 500 Rio Concho Drive, San Angelo, Texas. All duly authorized members of the Council, to-wit:

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

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

An invocation was given by Reverend Samuel Green of the Baha’i Faith and pledge was led by Slade Shelton, son of Joy Shelton, Permit Technician with the Inspections and Permits Department.

PROCLAMATION

“Americans Disability Act Awareness Day – July 26, 2011” was accepted by Bernie Coffee, Disability Program Navigator of the Concho Valley Workforce D evelopment B oard, W orkforce S olutions, S andra J ohnson, Assistant Coordinator with Disability Connections, and Amy Salazar, AmeriCorps Volunteer with Disability Connections.

PUBLIC COMMENT

No one came forward to comment publicly.

CONSENT AGENDA

APPROVAL OF THE JULY 12, 2011 CITY COUNCIL REGULAR MEETING MINUTES AWARD OF BID(S) AND AUTHORIZATION FOR THE CITY MANAGER OR HIS DESIGNEE TO EXECUTE ANY NECESSARY RELATED DOCUMENTS: WU-04-11: High Service Pump Station No. 1 Rehabilitation and High Service Pump Station No. 2 Electrical Improvements, Craig, Sheffield and Austin Construction, Inc. (Flower Mound, TX), $3,708,200.00 CED-02-11: Business Resource Center Asbestos Abatement, AAR, Inc. (Liberty Hill, TX), $47,000.00 APPROVAL OF A RE COMMENDATION F ROM CITY OF S AN ANGE LO DE VELOPMENT CORPORATION (COSADC) TO DESIGNATE $1.4 MILLION FROM UNENCUMBERED COSADC FUNDS TO RENOVATE AND REUSE THE FORMER COKE BUILDING AT 69 N. CHADBOURNE AS THE BUSINESS RESOURCE CENTER SECOND HEARING AND ADOPTION OF AN ORDINANCE AMENDING CHAPTER 12, EXHIBIT “A” OF THE CODE OF ORDINANCES, CITY OF SAN ANGELO (ANNEX A, PAGE 829, ORDINANCE #2011-07-076)

SU 11-01: Apostolic House of Worship

Minutes Vol. 102 July 19, 2011 AN ORDINANCE AMENDING CHAPTER 12, EXHIBIT “A” OF THE CODE OF ORDINANCES, CITY OF SAN ANGE LO, TEXAS, WHICH SAID EXHIBIT “A” OF CHAPTER 12 ADOPTS ZONING REGULATIONS, US E DI STRICTS AND A Z ONING M AP, IN ACCORDANCE WITH A COMPREHENSIVE P LAN, BY C HANGING THE Z ONING AND CL ASSIFICATION OF T HE FOLLOWING PROPERTY, TO WIT: 1202 Preusser Street at northeast corner of Florence and Preusser Streets, approving a Special Use to allow a day care on the site of a religious institutional establishment in a Single-Family R esidence ( RS-1) District; PROVIDING F OR SEVERABILITY AND P ROVIDING A PENALTY SECOND HEARING AND ADOPTION OF AN ORDINANCE AMENDING CHAPTER 12, EXHIBIT “A” OF THE CODE OF ORDINANCES, CITY OF SAN ANGELO (ANNEX B, PAGE 831, ORDINANCE #2011-07-077)

SU 11-03: B.A. & Winkay Reed AN ORDINANCE AMENDING CHAPTER 12, EXHIBIT “A” OF THE CODE OF ORDINANCES, CITY OF SAN ANGE LO, TEXAS, WHICH SAID EXHIBIT “A” OF CHAPTER 1 2 ADOPTS Z ONING REGULATIONS, US E DI STRICTS AND A Z ONING M AP, IN ACCORDANCE WITH A COMPREHENSIVE PLAN, BY CHANGING THE Z ONING AND CL ASSIFICATION OF T HE FOLLOWING PROPERTY, TO WIT: 3149 Red Bluff Rd East, approximately 385’ west of the intersection of Red B luff R d East a nd Red B luff R d W est, a pproving a S pecial Use to allow bed-and-breakfast establishment in a Single-Family Residence (RS-1) District; PROVIDING FOR SEVERABILITY AND PROVIDING A PENALTY Councilmembers requested the following items be considered under the Regular Agenda: approval of Angelou Economics, Inc., SU 11-02 Ray Zapata, and the Ordinance amending Article 5.100. Motion, to approve the Consent Agenda, as presented, with the exception of the removed items to be considered on the Regular Agenda, was made by Councilmember Hirschfeld and seconded by Councilmember Morrison. Motion carried unanimously.

REGULAR AGENDA: PUBLIC HEARING AND COMMENT

APPROVAL OF A RECOMMENDATION OF THE CITY OF SAN ANGELO DEVELOPMENT CORPORATION (COSADC) TO AUTHORIZE THE COSADC PRESIDENT T O NEGOTIATE THE TERMS OF A CONSULTING AGREEMENT WITH ANGELOUECONOMICS, INC. AS THE FIRM TO DESIGN, IMPLEMENT, AND DE LIVER A COM PREHENSIVE E CONOMIC DE VELOPMENT STRATEGIC PLAN FOR THE CITY OF SAN ANGELO, AND AUTHORIZATION FOR THE COSADC PRESIDENT TO EXECUTE A CONT RACT WITH RECOMMENDED FIRM ON BE HALF OF THE CORPORATION Shawn Lewis Community and Economic Development Director and Donna Osborne presented background information. Councilmember Morrison expressed h is concerns on the cost for the p lan and the d iminishing funding resources under the City of San Angelo Development Corporation. Discussion was held on the strategic plan objectives, measurements and or matrix standards, cost of the plan, results of the plan, and completion of the plan scheduled for December 2011. Motion, to approve, as presented, was made by Councilmember Hirschfeld and seconded by Councilmember Adams. AYE: New, Alexander, Silvas, Adams, and Hirschfeld. NAY: Morrison. Motion carried 5-1. SECOND HEARING AND ADOP TION OF AN ORDINANCE AMENDING ART ICLE 5 .100, ALCOHOLIC BEVERAGES REGULATIONS AND DE LETING SECTION 8 .119, UNLAWFUL TO CARRY ALCOHOLIC BEVERAGES OF THE CITY OF SAN ANGELO CODE OF ORDINANCES AS

Minutes Page 821 July 19, 2011 Vol. 102 RELATED TO THE TEXAS BANK S PORTS COMPLEX AND T HE 29TH STREET RECREATION AREA (ANNEX C, PAGE 833, ORDINANCE #2011-07-078) AN ORDINANCE AMENDING THE CODE OF ORDINANCES OF THE CITY OF SAN ANGELO, TEXAS BY AMENDING CHAPTER 8, OFFENSES AND NUISANCES, ARTICLE 8.100, GENERAL OFFENSES, BY REPEALING SECTION 8.119, ENTITLED UNLAWFUL TO CARRY ALCOHOLIC BEVERAGES INTO THE 29TH STREET RECREATION AREA; AMENDING CHAPTER 5, BUSINESS AND COMMERCE, ARTICLE 5.100, AL COHOLIC BEVERAGES RE GULATIONS, BY ADDING SECTION 5.107 ENTITLED, ALCOHOLIC BEVERAGES IN THE TEXAS BANK SPORTS COMPLEX, RESTRICTING ALCOHOL IN THE TEXAS BANK SPORTS COMPLEX; PROVIDING FOR PERMITS AUTHORIZING ALCOHOL FOR SPECIFIC EVENTS ON CONDITIONS STATED IN THE TEXAS BANK SPORTS COMPLEX; PROVIDING FOR A P ENALTY; PROVIDING FOR SEVERABILITY; AND, PROVIDING FOR AN EFFECTIVE DATE Councilmember Morrison expressed his concerns on the negative impact of such an allowance at the sports complex. Motion, to adopt the Ordinance, as presented, was made by Councilmember Hirschfeld and seconded by Mayor New. Public comment was made by Citizen Harvey Graham. A vote was taken on the motion on the floor. AYE: New, Alexander, Silvas, Adams, and Hirschfeld. NAY: Morrison. Motion carried 5-1.

FIRST HEARING AND INTRODUCTION OF AN ORDINANCE AMENDING CHAPTER 12, EXHIBIT “A” OF THE CODE OF ORDINANCES, CITY OF SAN ANGELO SU 11-02: Ray Zapata AN ORDINANCE AMENDING CHAPTER 12, EXHIBIT “A” OF THE CODE OF ORDINANCES, CITY OF SAN ANGE LO, TEXAS, WHICH SAID EXHIBIT “A” OF CHAPTER 12 ADOPTS ZONING REGULATIONS, US E DI STRICTS AND A Z ONING M AP, IN ACCORDANCE WITH A COMPREHENSIVE PLAN, BY CHANGING THE Z ONING AND CL ASSIFICATION OF T HE FOLLOWING PROPERTY, TO WIT: a 1.722 acre tract located approximately 285’ west of the intersection of Old Knickerbocker Road and South Bryant Boulevard, approving a Special Use to allow placement of a “band stand” or “stage” (categorized as major entertainment event) in a Light Manufacturing (ML) District; PROVIDING FOR SEVERABILITY AND PROVIDING A PENALTY Planning Manager AJ Fawver presented background information. Discussion was held on the complaints received by ci tizens regarding similar venues and the difficulty to enforce existing ordinances as w ritten, clarification of the uses regarding the size of the lot, and Council’s approval of the Planning Commission’s recommendation. Motion, to adopt the Ordinance, as presented, was made by Councilmember Hirschfeld and seconded by Mayor New. Public comment was made by Proponent Ray Zapata. A vote was taken on the motion on the floor. AYE: New and Hirschfeld. NAY: Alexander, Morrison, Silvas, Adams. Motion failed 2-4. Motion, to introduce, as presented and amended, to include the revision on the exception of the weekend hours from 1:00 A.M. to 2:00 P.M. on Friday and Saturday nights, was made by Councilmember Silvas and seconded by Councilmember Morrison. AYE: Ne w, Alexander, Morrison, Silvas, and Adams. NAY: Hirschfeld. Motion carried 5-1.

22 Minutes Vol. 102 July 19, 2011 RECESS

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

RECONVENE

At 10:23 A.M., Council reconvened, and the following business was transacted: FIRST PUBLIC HEARING AND INTRODUCTION OF AN ORDINANCE AMENDING CHAPTER 12, EXHIBIT "A" OF THE CITY OF SAN ANGELO CODE OF ORDINANCES REGARDING THE MAXIMUM PERMITTED ACCESSORY BUILDING FLOOR AREA IN RANCH & ESTATE DISTRICTS AN ORDINANCE AMENDING CHAPTER 12, EXHIBIT “A” OF THE CODE OF ORDINANCES, OF THE CITY OF SAN ANGELO, TEXAS, BY AM ENDING SUBSECTION 402.A.2 PROVIDING A M AXIMUM PERMITTED ACCESSORY BUILDING FLOOR AREA IN RANCH & ESTATE (R&E) DISTRICTS; BY AMENDING SUBSECTION 203.B.1; PROVIDING FOR ADMINISTRATIVE ADJUSTMENTS PERMITTED FOR FLOOR AREA OF RESIDENTIAL ACCESSORY BUILDINGS; PROVIDING FOR SEVERABILITY; AND PROVIDING AN EFFECTIVE DATE Planning Manager AJ Fawver presented background information. A copy of the presentation is part of the permanent supplement file. Motion, to introduce the Ordinance, as presented, was made by Councilmember Morrison and seconded by Councilmember Adams. Discussion was held on the minimum lot sizes, accessory buildings, meeting the set back requirements, and regulations in similar zoning districts. A vote was taken on the motion on the floor. Motion carried unanimously. APPROVAL OF AN AMENDMENT TO VISION PLAN COMPONENT OF THE SAN ANGELO COMPREHENSIVE PLAN UPDATE ADOPTED IN 2009, INCLUDING A SLIGHT MODIFICATION AS RECOMMENDED BY CITY COUNCIL, ON PROPERTIES IN THE VICINITY OF HOUSTON HARTE EXPRESSWAY, EXTENDING EAST FROM NORT H BELL STREET TO 450’ EAST OF NORTH MONTAGUE STREET Planning Manager AJ Fawver presented background information. A copy of the presentation is part of the permanent supplement file. Motion, t o approve the a mendment, a s p resented, including a slight m odification extending t he n orthern transitional area ending at Beacon Street east approximately 410 feet east of North Montague to meet the commercial designation to the east, was made by Councilmember Adams and seconded by Councilmember Hirschfeld. Motion carried unanimously. APPROVAL AND PUBLIC HEARING OF THE 2011 ANNUAL ACTION PLAN FOR USE OF CDBG AND HOME FUNDS AND AUTHORIZATION FOR CITY MANAGER TO EXECUTE THE ANNUAL APPLICATIONS, REQUIRED CERTIFICATIONS, AND RELATED DOCUMENTS Neighborhood and Family Services Director Bob Salas presented background information. Motion, to approve, as presented, was made by Councilmember Adams and seconded by Councilmember Silvas. Motion carried unanimously. UPDATE ON CONSTRUCTION BUDGETS FOR CITY HALL, OLD LIBRARY, CENTRAL PLANT, AND UTILITY BILLING OFFICE Assistant City Manager Elizabeth Grindstaff presented background information. A copy of the presentation is part of the permanent supplement file.

Minutes Page 823 July 19, 2011 Vol. 102 AUTHORIZATION T O ISSUE CHANGE ORDE R # 1 T O THE CONTRACT WITH STODDARD CONSTRUCTION MANAGEMENT INC. ( SCMI) ( PUR-04-10B) FOR T HE CONS TRUCTION OF A BASEMENT AND THE INSTALLATION AND HOOK UP OF HVAC EQUIPMENT FOR THE CITY HALL PLAZA BUILDINGS ($1,765,084.55) AND FOR THE ADDITIONAL WORK RELATED TO THE AUDITORIUM ($109,051.41), AS AMENDED FOR THE TOTAL PROJECT AMOUNT OF $1,874,135.96, CLARIFYING THAT SUCH AMENDMENTS ARE WITHIN THE EXISTING BUDGETED PROJECT FUND AM OUNTS, AND AUT HORIZATION F OR THE CI TY M ANAGER OR HI S DE SIGNEE TO NEGOTIATE A CONTRACT AND EXECUTE ANY RELATED DOCUMENTS Assistant City Attorney Elizabeth Grindstaff and Construction Manager David Knapp presented background information. A copy of the presentation/document is part of the permanent supplement file. Discussion was held on the delay of the project based on the change order; the extension of the contract time by 210 days, and the rescheduled move in date from October 2011 to possibly January 2012; the amount of the change order and related proposed changes, specifically noting the amounts initially presented were amended from $1,811,007.50 to $1,765,084.55, based on removing the time extension allocation, and from $180,856.41 to $109,051.41, b ased on t he cr edit f or the basement columns stabilization, for a to tal p roject amount of $1,874,135.96. Councilmember Morrison expresses h is concern on the proposed changes, the associated costs, the in itial project as presented by staff, and the additional work requested by staff of the contractor. Motion, to authorize Change Order #1, as amended for the total project amount of $1,874,135.96, clarifying that such amendments are within the existing budgeted project fund amounts, was made by Councilmember Adams and seconded by Councilmember Hirschfeld. AYE: New, Alexander, Silvas, Adams, and Hirschfeld. NAY: Morrison. Motion carried 5-1. AWARD OF BID REC-01-11 FOR POOL RENOVATION TO MEGA CONTRACTORS INC. (FT. WORTH, TX) F OR I N T HE AM OUNT OF $2,725,000.00, INCLUDING AN ADDI TIONAL $184,113.00 F OR CONTINGENCY, LANDSCAPING AND IRRIGATION OUTSIDE OF THE CONTRACT, INCLUDING ADDING THE COMPLETION DATE OF APRIL 5, 2012 TO THE LETTER OF INTENT, AND AUTHORIZATION FOR THE CITY MANAGER OR HIS DESIGNEE TO NEGOTIATE AND EXECUTE A CONTRACT AND ANY RELATED DOCUMENTS Construction Manager David Knapp presented background information. General discussion was held on design of the pool and the selection of the pool architect. Council directed staff to add a completion date of April 5, 2012 to the Letter of Intent. Motion, to award, as presented, including adding the completion date of April 5, 2012 to the Letter of Intent, was made by Councilmember Silvas and seconded by Councilmember Hirschfeld. Motion carried unanimously. AUTHORIZATION FOR STAFF TO NEGOTIATE AN AGREEMENT BETWEEN THE CITY OF SAN ANGELO AND TEXAS OUTDOORS CONSULTING FOR PROFESSIONAL SERVICES (PK-01-11) IN THE AMOUNT OF $39,450.00 FOR THE DEVELOPMENT OF A PARKS & RECREATION MASTER PLAN AND A RE CREATION US E P LAN F OR T HE TWIN BUTTES RE SERVOIR AND AUTHORIZATION F OR THE M AYOR AND/ OR T HE CI TY M ANAGER T O E XECUTE SAID AGREEMENT Parks and Recreation Director Carl White presented background information. A copy of the presentation is part of the permanent supplement file. Discussion was held on the commercial planning use for the Lake Nasworthy area, the related or appropriate zoning for said area, and future lodging within the park areas. Public comment was made by Citizen Harvey Graham.

Minutes Vol. 102 July 19, 2011 Motion, to authorize, as presented, was made by Councilmember Hirschfeld and seconded by Councilmember Adams. Motion carried unanimously.

RECESS

At 12:06 P.M., Mayor New called a recess.

RECONVENE

At 12:50 P.M., Council reconvened, and the following business was transacted: DISCUSSION AND POSSIBLE ACT ION RE GARDING T HE WATER CONS ERVATION AND DROUGHT CONTINGENCY PLAN Water Utilities Director Will Wilde presented background information. A copy of the presentation is part of the permanent supplement file. Discussion was held on the amount used by the average user, the water system efficiency at 92%, implementing a leak detection program, continuing with the capital replacement program, implementation of the automated meter reading program, gray water usage under plumbing code, and usage fee amounts. Council suggested decreasing the Water Conservation rate to 55,000-75,000, Drought Level I usage rates to 45,000-50,000, and Level II to 25,000-35,000 with the understanding that staff would verify the proposed changes are reasonable based on the residential yard size. Discussion was held on incentivizing water conservation measures, designating days to water, spot watering, establishing levels or categories for surface grass, bushes and trees, and gray water uses. In conclusion, the Council directed staff to make the proposed ordinance changes to include usage and rate adjustments, and various adjustments to Drought Level I and II, including, but not limited to, separating golf course greens, fairways and tea areas, changing the watering frequency for said golf course areas between the Levels, and removing exemptions from Level II. City Manager Harold Dominguez informed staff will work with Parks Superintendent Roger Havlak and Water Utilities Director Will Wilde to come up with the average sized yard and a per gallon usage amount. Public comment was made by Quicksand General Manager Jack Hutcheson, Superintendent Logan Knapp, Park Superintendent Jason Donaldson, and Citizen John Perry. Mr. Dominguez stated the city park system consists of the 476 acres and 188 of those acres have irrigation systems, but only 23% of those systems are currently utilized. He informed staff has incorporated energy and water efficiency measures into current construction projects and the Public Information Officer will release related water conservation information at a future date. APPROVAL TO GRANT A REQUEST FROM QUICKSAND PARTNERS, LTD. TO PURCHASE RAW WATER FROM THE CITY OF SAN ANGELO Water Utilities Director Will Wilde presented background information. He explained the other golf courses either owned or had prior approval agreements for additional water purchase rights. Discussion was held on t he a mount o f w ater r equested, l oss o f t he w ater i n c omparison t o t he a mount purchased, and the impact of granting the water purchase to Quicksand. Motion, to grant the request at 12 acre feet of raw water per week, eliminating the 24 acre feet contingency, ending said request on September 30th without further action, and recommending further review of the request thereafter, was made by Mayor New and seconded by Councilmember Hirschfeld. Public comment was made by Proponent Jack Hutcheson, Citizens Frederick Harder, Larry Byrd, Ray Wooten, A vote was taken on the motion on the floor. AYE: New, Alexander, Silvas, Adams, and Hirschfeld. NAY: Morrison. Motion carried 5-1.

Minutes Page 825 July 19, 2011 Vol. 102 RECESS

At 3:03 P.M., Mayor New called a recess.

RECONVENE

At 3:15 P.M., Council reconvened, and the following business was transacted: FIRST PUBLIC HEARING AND INTRODUCTION OF AN ORDINANCE AMENDING THE MONTHLY WATER BASE RATES AND USAGE RATES AN ORDINANCE AMENDING APPENDIX A, ARTICLE 8.000 OF THE CODE OF ORDINANCES, CITY OF SAN ANGELO TEXAS, BY AMENDING SECTION 8 .200 “MONTHLY W ATER RATES” TO REPEAL SUBSECTION 8.200(a)(1) IN ITS E NTIRETY; AND ADOPTING A NEW S UBSECTION 8.200(a)(1) E STABLISHING NE W M ONTHLY BAS E RAT ES F OR VARIOUS M ETER S IZES AND USAGE RATES, PROVIDING FOR SEVERABILITY, PROVIDING FOR A PENALTY AND PROVIDING FOR AN EFFECTIVE DATE Finance Director Michael Dane presented background information. Water U tilities D irector W ill W ilde informed the m ajority o f th e 5/8” meters are under the residential classification and 75% of the burden is calculated on the usage rate and 25% on the base rate. He advised the effective date for the amended rates will be September 1, 2011. Motion, to in troduce the Ordinance, as presented, was made by Councilmember Adams and seconded by Councilmember Hirschfeld. Public comment was made by Citizen Jim Turner. A vote was taken on the motion on the floor. Motion carried unanimously. PUBLIC HEARING AND ADOP TION OF AN ORDINANCE AUTHORIZING THE ISSUANCE AND SALE OF CI TY OF S AN ANGELO, T EXAS, COM BINATION TAX AND SURPLUS REVENUE CERTIFICATES OF OBLIGATION, SERIES 2011B, FOR CAPITAL IMPROVEMENT PROJECTS CONSISTING OF I MPROVEMENTS AND E XTENSIONS T O T HE CITY'S WATER S YSTEM, INCLUDING GROUNDW ATER P RODUCTION F ACILITIES AND COLLECTION, T REATMENT, STORAGE AND TRANSMISSION FACILITIES TO DEVELOP THE HICKORY WELL FIELD FOR THE CITY'S WATER SYSTEM; LEVYING AN ANNUAL AD VALOREM TAX AND PROVIDING FOR THE PAYMENT OF SAID CERTIFICATES; PROVIDING AN EFFECTIVE DATE; AND ENACTING OTHER PROVISIONS RELATING TO THE SUBJECT (ANNEX D, PAGE 837, ORDINANCE #2011-07-079) Finance Director Michael Dane presented background information. Motion, t o ad opt the Ordinance, as p resented, was made by Councilmember Hirschfeld and seconded by Councilmember Adams. Motion carried unanimously. TABLING OF T HE DISCUSSION O N STORMWATER UT ILITY F EE RE VENUE, BUDGET EXPENDITURES AND PROGRAM ACTIVITIES Mayor New suggested tabling this item until the next meeting. Council concurred. DISCUSSION OF THE 2011-2012 BUDGET GOALS, POLICY, AND ALL CITY FUNDS, INCLUDING, BUT NOT LIMITED TO, THE WATER FUND, WASTE WATER FUND, OTHER FUNDS, AND FUND BALANCES, AND ANY ACTION IN CONNECTION THERETO Finance Director Michael Dane presented background information. A copy of the presentation is part of the permanent supplement file.

Minutes Vol. 102 July 19, 2011 Planning M anager A J Fawver p resented b ackground i nformation r egarding P lanning C omprehensive F ee proposed increases. Mayor New suggested Council study the information, consider the proposed increases, and have staff present the information at a future meeting. Public comment was made by Citizen Fredrick Harder. FIRST PUBLIC HEARING AND INTRODUCTION OF AN ORDINANCE AMENDING ESTABLISHED BOUNDARIES OF SINGLE MEMBER DISTRICT 1 AN ORDINANCE AMENDING THE ESTABLISHED BOUNDARIES OF SINGLE MEMBER DISTRICT NUMBER 1 FOR THE PURPOSE OF INCORPORATING NEWLY UNINHABITED ANNEXED AREAS INTO SAID DISTRICT, AND PROVIDING AN EFFECTIVE DATE

City Clerk Alicia Ramirez presented background information.

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

FOLLOW UP AND ADMINISTRATIVE ISSUES

CONSIDERATION OF MATTERS DISCUSSED IN EXECUTIVE/CLOSED SESSION

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

APPROVAL TO CONFIRM THE CIVIL SERVICE COMMISSION NOMINEE, TERESA SPECIAL, BY CITY MANAGER AND APPROVAL OF SAME BY CITY COUNCIL

Motion, t o confirm the nomination, as p resented, w as m ade b y Councilmember S ilvas and s econded b y Councilmember Adams. Motion carried unanimously.

CONSIDERATION OF FUTURE AGENDA ITEMS

City Manager Harold Dominguez d istributed the p roposed August 2 , 2011 Agenda and solicited Council comments and suggestions.

Councilmember Alexander requested an update on the TxDOT urban mowing contract, environmental nuisance of plastic bags, and revisions to the water billing invoice.

Planning Comprehensive Fee proposed increases

Councilmember Hirschfeld requested an update on the mission and plans of the Water Advisory Board.

ADJOURNMENT

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

The meeting adjourned at 5:01 P.M.

THE CITY OF SAN ANGELO ___________________________________ Alvin New, Mayor

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

Minutes Page 827 July 19, 2011 Vol. 102 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: July 26, 2011

To: Mayor and Councilmembers

From: Will Wilde, Water Utilities Director

Subject: Agenda Item for August 2, 2011 Council Meeting

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

Caption: Consent Item

Consideration of selecting Contractors f or Pre-Qualification (WU-08-11A) f or the Hickory Water S upply T ransmission Mai n Project and a uthorizing t he C ity Manager or his designee to execute any necessary related documents

Summary: Proposals have been solicited from contractors to be pre-qualified for bidding the 30” Hickory Water S upply T ransmission Mai n P roject. R esponses were r eceived f rom 23 contractors. The information on each contractor was evaluated and ranked to determine contractors that were considered experienced and qualified to bid the project. History: The transmission main project will consist of the installation of about 60 miles of 30” pipe from the well field near Melvin to the water treatment in San Angelo. Financial Impact: N/A Related Vision Item (if applicable): Long Term Water Supply Other Information/Recommendation: Some of the criteria that contractors were evaluated on were:

· Experience constructing water pipeline projects of this size · Financial condition and bonding capacity · Personnel experience · Safety record and insurance · Current work experience

A weighing and ranking factor were applied to the criteria to determine a contractor’s overall ranking number. Of the 23 submittals, 11 were determined to meet the criteria for bidding the project. It is recommended the following contractors be qualified and allowed to bid the Hickory Water Supply Transmission Main Project: 1. S.J. Louis Construction 2. Oscar Renda Contracting 3. Reynolds, Inc. 4. Garney Construction

5. John D. Stephens, Inc. 6. Achen-Gardner Engineering 7. Don Kelly Construction 8. Sundt Construction, Inc. 9. Western Summit Constructors 10. Barnard Construction Co, Inc. 11. BAR Constructors, Inc. Attachments: Pre-qualification Summary and Weighted Rankings Reviewed by Service Area Director: Will Wilde, Water Utilities Director, July 26, 2011.

San Angelo Hickory Water Supply ProjectSummary of Ranking Evaluation

Contractor RankS.J. Louis Construction

150

Oscar Renda Contracting

144 Reynolds, Inc.

136

Garney Construction

135John D. Stephens, Inc

132

Achen-Gardner Engineering

121Don Kelly Construction

120

Sundt Construction, Inc.

117Western Summit Constructors

109

Barnard Construction Co., Inc

107BAR Constructors, Inc.

103

Archer Western Contractors

102 Insufficient Pipeline ExperienceSuper Excavators, Inc.

101 Insufficient Pipeline Experience

Utility Contractors of America

100 Insufficient Pipeline ExperienceW.A. Rasic Construction Co., Inc.


BRH-Garver Const. L.P.

97 Insufficient Pipeline ExperienceHolloman Utilities 95 Only One Large Project

No Other Depth of ExperienceBoyer, Inc.


McClean Construction

77 Insufficient Pipeline Experience No QAAssociated Pipe Line Contractors, Inc.


Housley Communications

67 Insufficient Pipeline Experience No QARockdale Pipeline, Inc.


James Construction Group


10 4 6 3 7

CONTRACTOR(Name, Address)

EEOP or F

Safety ProgramP or F

Quality ProgramP or F

5 Years or More

P or F

Statement of Financial Condition

P or F

Construction Experience

Weight = 10Rank = 1 - 5

Current Projects

Weight = 4Rank = 1 - 5

Personnel ExperienceWeight = 6

Rank = 1 - 5

Minimum Insurance

RequirementP or F

Additional Background InformationWeight = 3

Rank = 1 - 5

Integrity of AppplicantWeight = 7

Rank = 1 - 5

Performed Pipeline Projects

$25MP or F Notes

Weighted Total

S.J. Louis Construction520 S. 6th AveMansfield, TX 76063

P P P P P$168/500 5 5 5 P 5 5 P 150

Oscar Renda Contracting608 Henrietta Creek RdRoanoke, TX 76262

P P P P P$400/700M 5 5 4 P 5 5 P 144

Reynolds, Inc.4520 N. State Road 37Orleans, IN 47452

P P P P P$250/550M 5 3 4 P 5 5 P 136

Garney Construction1333 NW Vivion RdKansas City, MO 64118

P P P P P$250/500M 5 5 5 P 0 5 P Alan Henry Pipeline 135

John D. Stephens, Inc272 Hurrican Shoals TdLawrenceville, GA 30046

P P P P P$150M 5 2 4 P 5 5 P

TRWD 1987 - 185,000 ft90" PCCP

Lake Chapman - 72" Pipeline2003

132

Achen-Gardner Engineering550 S. 79th StreetChandler, AZ 85226

P P P P P$200M 4 4 5 P 0 5 P 121

Don Kelly Construction2150 Analysis DriveBozeman, MT 59718

P P P P P$30/300 4 3 3 P 5 5 P 120

Sundt Construction, Inc.911 Central Parkway North, Ste 375San Antonio, TX 78232

P P P P P$700M 5 2 4 P 0 5 P 117

Western Summit Constructors5470 Valley HighwayDenver, CO 80216

P P P P P$8B 3 5 4 P 0 5 P Subsidiary of Kiewt Corp

Alan Henry Pipeline 109

Barnard Construction Co., Inc701 Gold AveBozeman, MT 59715

P P P P P$800M 4 2 4 P 0 5 P 107

BAR Constructors, Inc.PO Box 10Lancaster, TX 75146

P P P PP

$80/200M 3 2 5 P 0 5 P 103

Archer Western ContractorsArlington, TX P P P P $1B 2 2 4 P 5 5 F 8 years since Last Large Pipeline

Project 102

Super Excavators, Inc.N59 W14601 Bobolink AveMenomonee Falls, WI 53051

P P P P P$50/120M 4 2 1 P 4 5 F No Large W/W Pipelines in Last

Five Years No Resumes 101

Utility Contractors of America927 Hughway 62Wolfforth, TX 79382-9778

P P P P P?/$75M 3 2 2 P 5 5 F No Large Pipelines in last Five

Years Small Line Experience 100

Contractor Pre-Qualification Ranking Evaluation TableWeighting Factor x Ranking = Total Evaluation; Pass = P & Fail = F

W.A. Rasic Construction Co., Inc.7314 Scout AvenueBell Gardens, CA 90201

P P P P P$65/200 2 1 4 P 5 5 F No Large Pipelines in Last Five

Years 10,000 LF max 98

BRH-Garver Const. L.P.7600 S. Sante Fe, Bldg. A-1 EastHouston, TX 77061

P P P P P$16/70M 2 3 3 P 4 5 F No Large W/W Pipelines in Last

Five Years 97

Holloman Utilities13730 IH 10 EastConverse, TX 78109

P P P P P$20/200M 3 3 3 P 0 5 F Salt Lake Pipeline Project Went

Well 95

Boyer, Inc.8904 Fairbanks N. Houston Rd.Houston, TX 77064

P P P P P$30/200M 2 2 3 P 0 5 F No W / W Large Pipelines in Last

Five Years Quite a bit of Litigation 81

McClean Construction4101 Trimmier RdKilleen, TX 76542

P P F P P$13/85M 2 1 3 P 0 5 F No QA Program / Large Pipelines in

Last Five Years 77

Associated Pipe Line Contractors, Inc.3535 Briarpark, Ste 135Houston, TX 77042

P P P P P$50/300 1 1 3 P 0 5 F No Large W / W Pipelines 67

Housley Communications3550 S Bryant BlvdSan Angelo, TX 76903

P P F P P$6/60M 1 1 1 P 4 5 F No QA Program / No Large

Pipelines over $1M 67

Rockdale Pipeline, Inc.1925 Old Covington Hwy, SEConyers, GA 30013

P P P P P$150M 1 1 4 P 0 4 F No Large Pipelines in Last Five

Years 66

James Construction Group11200 Industriplex Blvd, Ste 150Baton Rouge, LA 70809

P P P P P$588/1200M 1 2 3 P 0 4 F No Large Pipelines in Last Five

Years 64

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

City of San Angelo



From: Clinton Bailey, Engineering Services


Contact: Blake Wilde, Engineering Services, 325-481-2749

Caption: Consent

Authorization of t he C ity Manager t o ex ecute C hange O rder # 1 ( ES-1-11) 50 th Street Construction & Grape Creek Reconstruction Projects to Reece Albert, Inc. in t he am ount of $86, 454.04 f or t he ex tension o f Schroeder Avenue from Producers Park to Magnolia Street.

Summary: A private donation was gi ven to the C ity for additional am enities t o be ad ded at Producers Park earlier this year. The extension of Schroeder Avenue is one of the additional items.

History: A por tion of S chroeder Avenue was c onstructed dur ing t he c onstruction of Producers Park. This ex tension will now connect Schroeder Avenue f rom Ricks Drive to Magnolia Street.

Financial Impact: $86,454.04 from a pr ivate dona tion t o t he C ity f or addi tional am enities a t Producers Park.

Related Vision Item: Transportation & Parks and Open Space Vision Items

Other Information/ Recommendation:

Staff recommends authorization of the City Manager to execute Change Order #1 (ES-1-11) 50 th Street C onstruction & Grape C reek R econstruction P rojects t o Reece Albert, I nc. i n t he amount of $86, 454.04 f or the ex tension of S chroeder Avenue from Producers Park to Magnolia Street.

Attachments: ENG ES-1-11 Change Order No1.pdf

Presentation: None.

Reviewed by Director:

Shawn Lewis, Community & Economic Development, July 18, 2011

Approved by Legal: NA

City of San Angelo

Memo Meeting Date: July 12, 2011

To: Mayor and Council members

From: AJ Fawver, Planning Manager

Subjects: SU 11-02, a request for approval of a Spe cial Use to a llow placement

of a “band stand” or “stage”, categorized in the Zoning Ordinance as a major entertainment event, on the subject property:

Location: a 1.722 a cre tract located approximately 285’ we st of th e intersection of Old

Knickerbocker Road and South Bryant Boulevard in sou th centra l San Angelo, specifically the remainder of Tract C in the T.J.A.K. A ddition to San Angelo

Contacts: Ray Zapata 212-3151

AJ Fawver, Planning Manager 657-4210

Summary: The applicant is seeking to obtain a Special Use that would allow him to place a “ban d stand” o n th e subject p roperty, wh ich cur rently serv es as addit ional parking fo r Mejor Que Nada restaurant and also houses a small office building. The band stand is not proposed to be enclosed, and would be used for special events to be held on-site. As its n ame implies, a Spec ial Use is a legislative act to allow some part icular proposed activity at a location in a zoning d istrict where it other wise would be prohibited. Like an y change to the offic ial zoning ma p, ap proval of a Sp ecial Us e r equires a ction by S an Angelo’s City Council, after a hearing and recommendation by the Planning Commission. In doing so, the Planning Commission may:

(1) recommend approving the proposed Special Use as requested; or

(2) recommend approving the pro posed Spe cial Use subject to ce rtain co nditions intended, for example, to make it more compatible in its particular environment;

(3) recommend denying the requested Special Use; or

(4) modify the app lication to some alternative zoning c lassification believed to b e mor e appropriate, in which case another public hearing will need to be scheduled.

Surrounding Zoning and Land Use: North General/Heavy Commercial (CG/CH) & retail (restaurants, auto part stores,

Light Manufacturing (ML) car wash, gas station), residences East General/Heavy Commercial (CG/CH), retail (restaurants, auto part store) General Commercial (CG), offices, residences Neighborhood Commercial (CN), Single-Family Residential (RS-1) South Light Manufacturing (ML), retail (general, lube center), General/Heavy Commercial (CG/CH), offices, residences General Commercial (CG), Single-Family Residence (RS-1) West Light Manufacturing (ML) car sales, DeCoty Coffee Co

Background:

The property owner desires to p lace a “band stand” on the s ite which would host periodic events of a cultural or musical nature, in association with the ne ighboring restaurant. Th is type of use is c haracterized in the Zon ing Ordinance as an “ entertainment event, ma jor”. These activ ities are ge nerally of a spectator nature and draw large numbers of people to specific events or shows. Outdoor amphitheaters, for example, fall into this category. Such a use is only allowed in an ML district with approval of a Special Use.

Analysis and Recommendation:

The area is unique in that it is s urrounded by a variety of zoning c lassifications, from v ery light (RS- 1) to v ery heavy (ML ). The property is also near a major th oroughfare (Knickerbocker Rd) which was, in its infancy, was surrounded by many manufacturing uses but is g radually tra nsitioning to a com mercial c orridor. Also n earby is So uth Brya nt Boulevard, anoth er major thoro ughfare wit h e xtensive comm ercial dev elopment. Residential development in this area is isolat ed and dates back to the mid-1 950’s, but is unlikely to continue b ased on th e newer featu res and patterns of gro wth in the immediate vicinity. As mentioned above, approving a Special Use is a legislative act to allow som e particular proposed activity at a location in a zon ing district where such act ivity would otherwise be prohibited by z oning regulations. A lthough pote ntially ap plicable to “ any u se d eemed appropriate” in a ny z oning district , San An gelo’s Z oning Ordin ance goes on t o state that Special Uses should be restricted to circumst ances “where such u se can prov ide effective transition between les s restrict ive and m ore restrictive z oning d istricts.” For e xample, a Special Us e for s ome lim ited nonresidential activ ity m ay be co nsidered in a reside ntial district alo ng its b oundary wit h a comm ercial district, prov iding a usefu l a nd effectiv e transition between two otherwise incongruous environments. This is the general standard that must be met, in order for the requested Special Use (i.e., a day care) to be ap proved on the subject property in a Single-Family Residence District. It

does appear that this use would create a transition between a more restrictive zoning (ML) and less restrictive zoning (CG, CG/CH). Zoning Or dinance S ubsection 209.H ide ntifies still more crit eria for th e Plann ing Commission and City Council to use in de ciding whether to ap prove a requ ested Special Use, including:

Impacts Mi nimized. Whether and the ex tent to whic h t he proposed Sp ecial Use minimizes adverse effects on adjacent properties.

Compatible with Su rrounding Area. Whether a nd th e ex tent to which the proposed Special Use is compatible with ex isting and anticipated uses surrounding the subject property.

Traffic Circulation. Whether and the extent to whic h the proposed Special Use is likely to re sult in ex traordinarily prolon ged or recu rrent congest ion of surro unding streets, especially minor residential streets.

Community Need. Whether a nd the ex tent to wh ich the pr oposed S pecial Us e addresses a demonstrated community need.

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

The pr oposed us e is compatible, ov erall, with the su rrounding p roperties. Additionally, because of the pr oximity to ma jor thoroughfares, there appears to be no issue with traffic circulation. That said, the potential for adverse effects exists because of the introduction of noise to th e env ironment. From ex perience, we kn ow that ev en sem i-enclosed ar eas generate n oise th at can carry fo r quite a distance. In this partic ular c ircumstance, th e subject pro perty is no t ev en partially enc losed. Howev er, San Ange lo h as separat e ordinances to regulate noise generated by such an event, located in 8.101 and 9.109. Staff generally recommends approval of this request, subject to conditions outlined below:

(1) Events on this pr operty can only b e held between the h ours of 7:00 am (as referenced in 8.101) and 10:30 pm (as refe renced in 8.101) Sunday through Thursday;

(2) Events on this pr operty can only b e held between the h ours of 7:00 am (as

referenced in 8.101) and 11:30 pm on Fridays and Saturdays; and (3) Speakers and lig hting will b e s ituated s o as to minim ize so und a nd lig ht

directed at nearby residences.

At its June 30 th meeting, the Pla nning Commission ap proved this request, subject to th e following conditions:

(1) Events on this pr operty can only b e held between the h ours of 7:00 am (as referenced in 8.101) and 11:00 pm (as refe renced in 8.101) Sunday through Thursday unless administratively approved by staff;

(2) Events on this pr operty can only b e held between the h ours of 7:00 am (as referenced in 8.1 01) and 1 am o n Fr idays an d Saturd ays unless administratively approved by staff;

(3) Placement of a privacy fence meeting the standards of the Zoning Ordinance

along the northern boundary of the site; and (4) Speakers and lig hting will b e s ituated s o as to minim ize so und a nd lig ht

directed at nearby residences.

Notification: Seven (7) owners of near by property were formally not ified of this application for Special Use approval.

0 notifications were returned in favor; and 1 notific ation was ret urned in o pposition, stating th at, “The

crowds & noise would not bother us but I would be concerned about sec urity of all th e eq uipment I hav e o n m y ne ighboring yard. We have lots of small and large equipment that could be damaged o r stolen if the crowds cont ained “elem ents” that when dr inking m ight d ecide to clim b our fen ce & “play” on it. Our issue is security and that is the reason for our objection.”

Attachments: excerpt from zoning map, highlightin g sub ject prop erty of

requested Special Use;

aerial ph oto of s ame v icinity (as a bove-mentioned map ) highlighting subject property of requested Special Use;

graphic from applicant showing proposal on the site; and draft min ute ex cerpt from Pla nning Commission me eting o f

June 20th.

Presentation: AJ Fawver, Planning Manager

Reviewed by: AJ Fawver, Planning Manager

alicia.ramirez

Typewritten Text

Revised Ordinance based on 7/12/11 City Council meeting

alicia.ramirez

Typewritten Text

alicia.ramirez

Sticky Note

Marked set by alicia.ramirez

AN ORDINANCE AMENDING CHAPTER 12, EXHIBIT “A” OF T HE CODE OF ORDINANCES, CITY OF SAN ANGELO, TEXAS, WHICH SAID EXHIBIT “A” OF CHAPTER 12 A DOPTS ZONI NG REG ULATIONS, USE DIST RICTS AN D A ZONING MAP, I N A CCORDANCE WIT H A CO MPREHENSIVE PLAN, BY CHANGING THE ZO NING AND CLASSIFICATION OF THE FO LLOWING PROPERTY, TO WIT: a 1.722 acre tract located a pproximately 285’ west of the intersection of Old K nickerbocker Road and South Br yant Boulevard in south central San Ange lo, specifically the remainder of Tract C in the T.J.A.K . Addition to San Angelo, a pproving a Sp ecial Use allowing a major entertainment event on property in a Light Manufacturing (ML) district; PROVIDING FOR SEVERABILITY AND PROVIDING A PENALTY

RE: S U 11-02: Ra y Zapata

WHEREAS, the Pla nning Commission fo r the City of Sa n An gelo and th e g overning body for the City of San Angelo, in compliance with the charter and the state law with reference to zoning regulations a nd a zon ing map, have g iven requisite n otice b y p ublication 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, i s of the op inion th at zoni ng ch anges sho uld be ma de as se t ou t herei n; 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 th e property hereinafter described: a 1.722 acre tract located approximately 285’ w est of the intersection of Old K nickerbocker Road and South Bryant Boulevard in south central San Angelo, specifically the remainder of Tract C in the T.J .A.K. Addition to San Angelo , shall ha ve a Special Us e allo wing a majo r entertainment events in a manufacturing zoning district on the property. Said special uses shall have no fundamental effect upon its underlying or base zoning classification. The Director of Pla nning is hereby directed to correct zoning district maps in th e office of th e Director of Planning, to reflect the herein described changes in zoning. SECTION 2: That in all other respects, the u se of the h ereinabove 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: SEVE RABILITY:

The terms and provisions of this Or dinance shall be deemed to b e 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: PENALT Y:

Any person who violates any provisions of this article shall be g uilty of a misdemeanor and, upon conviction, shall be subject to a f ine as provided for in S ection 1.106 of the Code of Or dinances fo r th e City of S an A ngelo. Ea ch day of s uch v iolation shall constitute a separate offense. SECTION 5: T hat th e use of th is s ubject property a llowed u nder th is Special Use approval shall be limited to the following conditions:

(1) Events on this property can only be held between the hours of 7:00 am and 1 1:00 pm Sun day thro ugh Thursd ay unle ss a dministratively approved by staff;

(2) Events on this property can only be held between the hours of 7:00 am

and 2 am on Fridays and Saturdays unless administratively approved by staff;

(3) Placement of a pr ivacy fence meeting t he st andards of the Zon ing

Ordinance along the northern boundary of the site; and (4) Speakers a nd lighting will be s ituated so as to minim ize soun d an d

light directed at nearby residences. INTRODUCED on the 12th day of July , 2 011 and finally PAS SED, AP PROVED AND ADOPTED on this the 19th day of July, 2011. THE CITY OF SAN ANGELO

by:______________________________________

Alvin New, Mayor

ATTEST: by:_________________________________

Alicia Ramirez, City Clerk

City of San Angelo

Memo Meeting Date: July 19, 2011

To: Mayor and Council members

From: AJ Fawver, Planning Manager

Subject: recommended changes to text of San Angelo’s Zoning Ordinance,

specifically concerning the maximum size of accessory building s in Ranch & Estate (R&E) zoning districts

Contacts: AJ Fawver, Planning Manager 657-4210 Caption: First public hearing and introduction of an ordinance amending

Chapter 12, Ex hibit " A" of th e City of Sa n An gelo Code of Ordinances regar ding the max imum p ermitted ac cessory building floor area in Ranch & Estate districts AN ORDINANCE AMENDING CHAPTER 12, EXHIBIT “A” OF THE CO DE OF OR DINANCES, OF THE CITY OF SAN ANGELO, TEXAS, B Y AMENDI NG SUBS ECTION 402.A.2 PROVIDING A MAX IMUM PERMITTED A CCESSORY BUILDING FLOOR AREA IN RANCH & ESTATE (R&E) DISTRICTS; BY AMENDING SUBSE CTION 203.B. 1 PROVIDING FOR ADMINI STRATIVE ADJUS TMENTS PERMITTED FOR FLOOR AREA OF RESIDENTA L ACCESSORY BUILDINGS; PROVIDING FOR SEVERABILITY; AND PROVIDING AN EFFECTIVE DATE

Section 402 of San Angel o’s Zoning Ordinance regulates accessory uses and structures. As part of this section, a maxim um size on a ccessory buildings f or a lot is set at no more than 50% of th e floor area of the principal building, or 600 square feet, whichever is greater. In the 11 years sinc e this Zoning Ordinanc e went into effect, a number of variance requests have been received from property owner s; the majority of these property owners are living in R&E district s. This alone does not justify a modification, but simply

of 5

represents the frequency in which this rule is questioned. However, it does indicate that the rule, as it is written, might need re-exami nation. While ther e is a distinction in the next sentence of that regulation, it only o ffers relief for bona fide farm and agricultural buildings – those used in conjunction with fa rming and agricultural business purposes – not housing of animals or equipment used simply for personal enjoyment. It is helpful to recognize and draw attention to the specific features of the R&E zoning district, a residential z oning unique from all other residential zoning districts. First and foremost, R&E zoning requires that each lot be at least one acre in size. When compared to the minimum lot size of the other residential districts shown below, a stark contrast is quite apparent.

R&E RS-1 RS-2 RM-1 Sq Feet 43560 5000 5000 5000 Acreage 1.0 0.115 0.115 0.115

As the cha rt illustrates, the minimum lot size for other residentia l districts which allo w single-family homes is just over 11% of the size of the minimum lot size for R&E districts. While single-acre home lots provide much more space and presents a unique situation, the limit on accessory building square footage is not handled uniquely. Another important distinction is the intent of the R&E district; it is also different from all other residential districts in that it aims to create a suburban or rural setting. Driving through many of thes e areas, th e rural feel is quite ev ident. Rural areas tend to hav e more maintenance, thereby requiring larger equipment than smaller lots of higher densities. They als o tend to be t he areas where livest ock are kept, and where space allows accessory building placement. It is because of these unique characteristics that staff recommends modific ation of the maximum accessory building square footage allo wed per lot. The current restrictions are based in sound r easoning a nd intended to protec t resident ial character, maintain openness, prevent unlawful busine ss operation, and to mainta in a ratio of accessor y building square footage to pr imary building square footage appropriate. The current approach of preserving proporti onality is s ound; however, the proportionality in R&E districts should be adjusted.

With these considerations in mind, City st aff recommends the follo wing modification be made to the text of San Angelo’s Zoning Ordinance in Section 402.A.2: 1. Size. A maximum accessory building floor ar ea of 600 square feet or 50 percen t

of the floor area of the prin cipal building, whichever is greater, shall be permitted on any residential lot. For residential lots zoned Ranch & Estate (R&E), the accessory building floor area shall not exceed 100 percent of the floor area of the

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principal building. Bona fide farm and agricultural buildings shall be exempt from this requirement.

Another change whic h staff woul d like the Counc il to consider is the process by whic h variances from this requirement are handled. Currently, Section 203 of the Zoning Ordinance allows the Planning Manager to c onsider five types of administrative adjustments, which includes:

Allow an increase in the floor area of a residential accessory building above 50 percent of the total square f ootage of the principa l structure, as long as the maximum floor area ratio for the District is not exceeded.

First, there are a number of these administrative adjustm ents turned in annually for a variance from this standard; very rarely is t he full request granted. In fact, the zonin g ordinance allows the Planning Manager to allow a 10% dev iation in other numerical standards, and it has been st andard pr actice over the years for the Manager to administratively grant no more than that per centage, as it represents a deviation o f negligible consequence. This adds time to the customer’s project, as they often then appeal the decision to the Zoning Board of Adjustment. In staff’s o pinion, it is more effi cient to simply remove the ability to administratively approve more than a 10% deviat ion from this st andard as well. In addition, it is more objective to handle these requests in this manner – allowing a minimum for administrative approval and r equiring anything requested over that amount to be hear d by the five-member board, thus necessitating the standards for variance be met and the decision be made by a group rather than an individual. With these considerations in mind, City st aff recommends the follo wing modification be made to the text of San Angelo’s Zoning Ordinance in Section 203.B.2: 2. Allow an increase in the floor ar ea of a residential accessory building by no more than 10% over the maxim um allowed in Section 402, so long as the maximum floor area ratio for the District is not exceeded. This item was presented to and disc ussed by the Pl anning Commission on May 16, 2011, at which time they unanimously recommended approv al of the changes as outlined within. This it em was also presented to and discussed by the Zoning Board of Adjustment on June 6, 2011, at which they also unanimously recommended approval of the changes as outlined. Recommendation: City staff, the Planning Co mmission, and the Zoning Board

of Adjustment all recommend approving the modifications to the text of zoning regulations, as itemized above.

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AN ORDINANCE AMENDING CHAPTER 12, EXHIBIT “A” OF T HE CODE OF ORDINANCES, OF T HE CITY OF SAN ANGELO, TEX AS, BY A MENDING SUBSECTION 402.A.2 PROVIDING A MAX IMUM PERMITTED ACCESSORY BUILDING FLOOR A REA IN RA NCH & E STATE (R& E) DISTRICTS; BY AMENDING SUBSE CTION 203.B.1 P ROVIDING FO R ADMI NISTRATIVE ADJUSTMENTS PE RMITTED F OR F LOOR AREA OF RESIDENTAL ACCESSORY BUILDINGS; P ROVIDING FOR SEVERABILITY; A ND PROVIDING AN EFFECTIVE DATE

WHEREAS, the Planning Commission for the City of San Angelo, after a public hearing at a meeting o n May 1 6, 2 011, has re commended t he fo llowing a mendments t o the t ext of Chapter 12, Exhibit “A” of the Code of Ordinances, City of San Angelo, Texas, which said Exhibit “A” is otherwise known as the Zoning Ordinance; and WHEREAS, the Zoning Board of Adjustment for the City of San Angelo, after a public hearing at a meeting on , 2 011, has re commended the fo llowing amendments to the text of Chapter 12, Exhibit “A” of the Code of Ordinances, City of San Angelo, Texas, which said Exhibit “A” is otherwise known as the Zoning Ordinance; and WHEREAS, th e Ranch & Esta te (R&E) zo ning di strict is unique from a ll other zo ning districts in it s minimum lot size of one acre, its intent to create a rural or suburban feel, and its distinction as the zoning district in which most agricultural uses are found: BE IT ORDAINED BY THE CITY OF SAN ANGELO 1) THAT Chapter 12, Exhibit “A”, Article 4, Subsection 402.A.2 of the Code of Ordinances of

the City of San Angelo, Texas shall be and is hereby amended to read as follows:

A maximum accessory building floor area of 600 square feet or 50 percent of the floor area of the pr incipal bu ilding, wh ichever is gr eater, shall be permitted on any residential lot. A maximum accessory building floor area of 100 percent of the floor area of the principal building shall be permitted on any residential lot within a Ranch & Estate (R&E) zoning district. Bona fide farm and agricultural buildings shall be exempt from this requirement.

2) THAT Chapter 12, Exhibit “A”, Article 2, Subsection 203.B.1 of the Code of Ordinances of

the City of San Angelo, Texas shall be and is hereby amended to read as follows:

Allow an in crease in t he floo r area of a r esidential a ccessory building above 50 percent of the total square footage of the principal structure, or above 100 percent of the total square footage of the principal structure on lots in Ran ch & Estate (R& E) zoning districts, as long as the inc rease does not exceed 10 percent above the applicable maximum.

3) THAT the following severability clause is adopted with these amendments:

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SEVE RABILITY:

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

4) THAT this Ordinance shall be effective from and after the date of its adoption. INTRODUCED on the day of , 2011, and finally PASSED, APPROVED and ADOPTED on this the day of , 2011. CITY OF SAN ANGELO b y:______________________________________ 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

City of San Angelo




Subject: Agenda Item for July 19, 2011 Council Meeting


Caption: First Public Hearing and consideration of introduction of an Ordinance amending the monthly water base rates and usage rates

AN O RDINANCE AMENDING A PPENDIX A , A RTICLE 8 .000 O F T HE CO DE O F ORDINANCES, C ITY OF SAN ANGELO TEXAS, BY AMENDING SECTION 8.200 “MONTHLY W ATER RATES” T O R EPEAL S UBSECTION 8 .200(a)(1) I N I TS ENTIRETY; AN D A DOPTING A N EW S UBSECTION 8 .200(a)(1) E STABLISHING NEW M ONTHLY BASE RATES FOR VARIOUS METER SIZES AND USAGE RATES, PR OVIDING F OR S EVERABILITY, P ROVIDING F OR A P ENALTY AN D PROVIDING FOR AN EFFECTIVE DATE

Summary: The C ity C ouncil d irected staff t o a mend t he w ater bas e and us age r ates as a result of t he budget d iscussions on J uly 12, 20 11 for f inancing of t he H ickory Water S upply project. History: The water rates were last amended in 2007.

Financial Impact: The base fees were increased by 29% and the usage rates were increased by $1.31. Total impact to the budget will be $7,386,000. Of this amount, $5,386,000 will go to debt service on the Hickory capital improvements, and $2,000,000 for operation of the Hickory system. Other Information/Recommendation: Staff recommends introduction of the ordinance. Recommended changes will be effective September 1, 2011. Attachments: Water Rate and Usage Ordinance Presentation: Finance Director Michael Dane Publication: None Reviewed by Service Area Directors: Finance Director Michael Dane and Will Wilde, Water

Utilities Director, July 14, 2011.

AN ORDINANCE AMENDING A PPENDIX A, A RTICLE 8.000 OF THE CODE OF ORDINANCES, CITY OF SAN ANGELO T EXAS, B Y AMENDING S ECTION 8 .200 “MONTHLY W ATER R ATES” TO REPEAL SUBSECTION 8 .200(a)(1) I N ITS EN TIRETY; AND ADOPTING A NEW S UBSECTION 8 .200(a)(1) ESTABLISHING NEW MONTHLY BASE RATES FOR VARIOUS M ETER S IZES AND U SAGE R ATES, PROVIDING F OR S EVERABILITY, P ROVIDING F OR A PENALTY AND PROVIDING FOR AN EFFECTIVE DATE.

BE IT ORDAINED BY THE CITY OF SAN ANGELO:

1) T HAT, A ppendix A , Article 8. 000 o f t he C ode o f O rdinances, C ity of S an Angelo, Texas, Section 8.200, Monthly Water Rates, i s hereby am ended by r epealing Subsection 8.200(a)(1) in its entirety and adopting a new Subsection 8.200(a)(1) to read as follows:

Sec. 8.200 Monthly Water Rates

(a) All persons supplied with water by the city shall be bi lled for water at the following monthly rates for water supplied on or after September 1, 2011.

(1) Meter Size Base Rate

5/8" $19.12

1" $23.14

1-1/2" $27.19

2" $35.86

3" $104.71

4" $130.73

6" $190.31

8" $257.97

Residential Untreated Water $23.14

Classifications Rate per 1,000 Gallons

RESIDENTIAL (single-family r esidence, dupl ex, or other individually metered residential unit)

Building Meter

0-2,000 gallons $2.32

Next 3,000 gallons $3.46




Over 100,000 gallons $4.82

Landscape Meter

0–5,000 gallons $3.67




Over 85,000 gallons $4.82

COMMERCIAL, APARTMENT AND MOBILE HOME PARK

Building Meter

1,000 gallons and up $3.83

Landscape Meter

1,000 gallons and up

Winter* $3.87

Summer** $4.12

INDUSTRIAL, HOTEL, MOTEL, HOSPITAL, SCHOOL AND GOVERNMENT

Building Meter


Landscape Meter


Winter* $3.92

Summer** $4.17

Millersview-Doole


Winter* $5.62

Summer** $6.32

Producers Lamb and Goat


Fire Hydrants


UNTREATED WATER

Residential

0-5,000 gallons

Next 5,000 gallons

Over 10,000 gallons

$1.81

$2.31

$3.02

Commercial, Apartment and Mobile Home Parks, Industrial, H otel, M otel, H ospital, School and Government


$3.02

*Winter is the billing period of October through April.

**Summer is the billing period of May through September.

2) THAT all remaining subsections of Section 8.200 not amended by this ordinance remain in full force and effect.

3) TH AT, the f ollowing se verability cl ause i s hereby adopt ed w ith t his amendment:

SEVERABILITY:

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

4) THAT, the following penalty clause is adopted with this amendment:

PENALTY:

Any per son w ho violates any pr ovisions of t his article sh all be g uilty of a misdemeanor and upon co nviction shall be su bject t o a fine as provided f or i n Section 1. 106 o f t his Code. E ach day of s uch v iolation sh all co nstitute a separate offense.

5) THAT, this Ordinance sh all be e ffective on, from and a fter t he date of

adoption.

INTRODUCED on the day of , 2011, and finally PASSED,

APPROVED and ADOPTED on this the day of , 2011.

CITY OF SAN ANGELO

ATTEST: BY:

Alvin New, Mayor By: Alicia Ramirez, City Clerk Approved as to Content: Approved as to Form: Will Wilde Lysia H. Bowling Water Utilities Director City Attorney

City of San Angelo Office of the City Clerk



From: Alicia Ramirez, City Clerk Mindy Ward, City Attorney

Subject: Agenda Item for July 19th Council Meeting

Contact: Alicia Ramirez, City Clerk, 657-4405

Caption: Regular Item

First P ublic H earing and consideration of i ntroduction of an Ordinance amending established boundaries of Single Member District 1

AN O RDINANCE A MENDING T HE E STABLISHED BOUNDARIES O F SINGLE MEMBER DISTRICT NUMBER 1 FOR THE PURPOSE OF INCORPORATING NE WLY UNINHABITED ANNEXED AR EAS I NTO SAID DISTRICT, AND PROVIDING AN EFFECTIVE DATE

Summary: An annexation in SMD #1 was approved on June 28, 2011(approximately 200 acres out of H. F. Gantz survey 179, c. Damman Survey 180 and C. A. Voigt Survey 181 in tom Green County, Texas, being adjacent and contiguous to the present corporate limits of the City of San Angelo). As part of the submission under Section 5 of the Voting Rights Act, the annexation updates and c hanges t o t he es tablished bo undaries of S ingle Member D istricts should b e c leared through the Department of Justice. The area is uninhabited and requires no updates to the Census 2010 Population figures. The City will comply with the requirements for the submission by adoption of this ordinance.

Financial Impact: None. Other Information/Recommendation: Staff recommends update to established boundary of SMD #1. Attachments: Annexation Map, Proposed Ordinance, and Revised 2011 SMD Map

AN O RDINANCE AM ENDING T HE E STABLISHED BOUNDARIES O F SINGLE M EMBER D ISTRICT NUMBER 1 FOR THE PURPOSE OF INCORPORATING UNINHABITED NEWLY ANNE XED ARE AS I NTO S AID DISTRICT, AND P ROVIDING FOR AN EFFECTIVE DATE

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

WHEREAS, on June 28, 2011 , t he C ity C ouncil adopted Ordinance # 2011-06-068 annexing certain uninhabited areas into the City of San Angelo; and

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

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

1) THAT, the boundaries of Single Member District 1 be, and are hereby, amended to read as follows:

See attached Exhibit “A” and Exhibit “B” which is incorporated herein by reference for all purposes.

2) THAT, the following severability clause is adopted with this amendment:

SEVERABILITY:

That the terms and provisions of t his Ordinance shall be deemed to be severable in that if a ny portion of this Ordinance shall be declared to be invalid, the same shall not affect the validity of the other provisions of this Ordinance.

3) THAT, this ordinance shall be effective from and after adoption of this ordinance.

INTRODUCED on the 19th day of July, 2011, and finally PASSED, APPROVED and ADOPTED on this the 6th day of August, 2011.

CITY OF SAN ANGELO, TEXAS _________________________ Alvin New, Mayor

ATTEST: _________________________ Alicia Ramirez, City Clerk

Approved as to Content: Approved as to Form:

_________________________ __________________________ Alicia Ramirez, City Clerk Dan Saluri, Assistant City Attorney

EXHIBIT “A”

DESCRIPTION OF SINGLE MEMBER DISTRICT 1

FOR SAN ANGELO, TEXAS

BY 2000 U. S. CENSUS P. L. 94-171 TRACT AND BLOCK

TRACT / BLOCK TRACT / BLOCK TRACT / BLOCK 000800 6020 000800 6021 000800 6028 001304 1006 001304 1007 001304 1008 001304 1009 001304 1010 001304 1011 001304 1012 000800 4000 000800 4001 000800 4002 000800 4003 000800 4004 000800 4005 000800 4006 000800 4007 000800 4008 000800 4009 000800 4010 000800 4011 000800 4012 000800 4013 000800 4014 000800 4015 000800 4016 000800 4017 000800 4018 000800 4019 000800 4020 000800 4021 000800 4022 000800 4023 000800 4024 000800 4025 000800 4026

000800 4027 000800 4028 000800 4029 000800 4030 000800 4031 000800 4032 000800 5012 000800 5014 000800 5015 000800 5016 000800 5017 000800 5018 000800 5019 000800 5020 000800 5021 000800 5022 000800 5023 000800 5024 000800 5025 000800 5026 000800 5027 000800 5028 000800 5029 000800 5999 000800 6004 000800 6005 000800 6006 000800 6007 000800 6008 000800 6009 000800 6010 000800 6011 000800 6012 000800 6013 000800 6029 000800 6030 000800 6031

000800 6035 000800 6047 000800 6048 000800 6049 000800 6051 000800 6052 000800 6053 000800 6054 000800 6055 000800 6056 000800 6057 000800 6058 000800 6061 001304 1000 001304 1999 001304 4000 001304 4001 001304 4002 001304 4003 001304 4004 001304 4005 001304 4006 001304 4007 001304 4008 001304 4009 001304 4010 001304 4011 001304 4012 001304 4013 001304 4014 001304 4015 001304 4016 001304 4999 001400 1000 001400 1001 001400 1002 001400 1003

EXHIBIT “A”

001400 2010 001400 2041 001400 2043 001400 3000 001400 3001 001400 3002 001400 3003 001400 3004 001400 3005 001400 3006 001400 3007 001400 4000 001400 4001 001400 4002 001400 4003 001400 4004 001400 4005 001400 4006 001400 4007 001400 4008 001400 4009 001400 4011 001400 4012 001400 4015 001400 4016 001400 4018 001400 5000 001400 5001 001400 5002 001400 5003 001400 5004 001400 5005 001400 5006 001400 5007 001400 5013 001400 5017 001400 5018 001400 5999 001500 1001 001500 1002 001500 1003 001500 1004 001500 1005

001500 1006 001500 1007 001500 1008 001600 4054 001600 4055 001703 1000 001703 1001 001703 1002 001703 1003 001703 1004 001703 1005 001703 1006 001703 1007 001703 1008 001703 1009 001703 1010 001703 1011 001703 1012 001703 1013 001703 2000 001703 2001 001703 2002 001703 2003 001703 2004 001703 2005 001703 2006 001703 2007 001703 2008 001703 2009 001703 2010 001703 2011 001703 2012 001703 2013 001703 2014 001703 2015 001703 2016 001703 2017 001703 2018 001703 2019 001703 2020 001703 2021 001703 2022 001703 2023

001703 2024 001703 2025 001703 2026 001703 2027 001703 2028 001703 5000 001703 5001 001703 5002 001703 5003 001703 5004 001703 5005 001703 5016 001703 5017 001703 5018 001703 5019 001703 5020 001704 3051 001704 3052 001704 3053 001704 3054 001705 1012 001705 1013 001705 1014 001705 1015 001705 1016 001705 1017 001705 1018 001705 1019 001705 1020 001705 1021 001705 1022 001705 1023 001705 1024 001705 1025 001705 1026 001705 1027 001705 1028 001704 3998 001704 3999 001705 1000 001705 1001 001705 1002 001705 1003

EXHIBIT “A”

001705 1004 001705 1005 001705 1006 001705 1007 001705 1008 001705 1009 001705 1010 001705 1011 001705 1029 001705 1030 001705 1031 001705 1032 001705 1033 001705 1034 001705 1035 001705 1036 001705 1037 001705 1038 001705 1039 001705 1040 001705 1041 001705 1042 001705 1043 001705 1044 001705 1045 001705 1046 001705 1047 001705 1048 001705 1049 001705 1051 001705 1052 001705 1992 001705 1993 001705 1994 001705 1995 001705 1996 001705 1997 001705 1998 001705 1999 001705 2000

001705 2001 001705 2003 001705 2004 001705 2005 001705 2006 001705 2007 001705 2008 001705 2009 001705 2010 001705 2011 001705 2012 001705 2014 001705 2015 001705 2016 001705 2017 001705 2018 001705 2994 001705 2997 001705 2999 001705 3000 001705 3001 001705 3002 001705 3003 001705 3004 001705 3005 001705 3006 001705 3007 001705 3008 001705 3009 001705 3010 001705 3011 001705 3015 001705 3016 001705 3018 001705 3019 001705 3020 001705 3021 001705 3022 001705 3023 001705 3024

001705 3025 001705 3026 001705 3028 001705 3029 001705 3035 001705 3041 001705 3042 001705 3043 001705 3044 001705 3046 001705 3047 001705 3048 001705 3049 001705 3050 001705 3051 001705 3052 001705 3053 001705 3055 001705 3056 001705 3057 001705 3059 001705 3060 001705 3071 001705 3074 001705 3075 001705 3077 001705 3078 001705 3079 001705 3080 001705 3081 001705 3082 001705 3083 001705 3089 001705 3093 001705 3159 001705 3160 001705 3995 001705 3998 001705 3999

EXHIBIT “A”

In a ddition t o the a bove b locks l isted, the following pa rtial b locks a re also i ncluded i n S ingle Member District 1:

A. The p art of B lock 2000 a nd 2002 , Tract 170 5, a s d escribed a s f ollowing: Field Notes t o describe a 107.49 acre tract of land out of the C. Berberich Survey No. 177, being a portion of t hat certain 125 acre t ract o f l and, as r ecorded in V olume 139, P age 285, of t he D eed Records of T om Green C ounty, T exas ( D.R.T.G.C.T.), a lso be ing a por tion o f t hat certain 106.014 acre tract of land, described in a deed to F. R. Butler, as recorded in Volume 222, Page 386, D.R.T.G.C.T., further being a portion of that 4.486 acre tract of land, described in a deed to West Texas Utilities Company, as recorded in Volume 192, Page 173, D.R.T.G.C.T., and being fully described by metes and bounds in Volume 223, Page 54, D.R.T.G.C.T., also, containing a ll of that certain 1.0 acre t ract o f land, described i n a deed to F . R . B utler, as recorded in V olume 333, P age 49, D .R.T.G.C.T., s aid 107.4 9 a cre t ract be ing m ore particularly described by metes and bounds as follows:

Beginning at a 1 ¼ ” iron pipe found for the northwest corner of said 125 a cre and 106.014 acre tracts of land, lying in the east line of that certain 234.37 1 a cre tract of land, described in a deed to John P. Nasworthy, et a!, as recorded in Volume 639, Page 383, D.R.T.G..C.T., for the northwest corner hereof;

Thence S 89°16’56”E, w ith t he s outh margin of B uckskin D rive a nd the n orth l ine o f s aid 106.0 14 acre tract, for the north line hereof, a distance of 979.28 feet, to a ‘/2” iron rod set, with plastic cap stamped KCE&S, lying in the east right-of-way l ine of Foster Road, a 50’ right-of-way, as shown on the plat of Concho Valley Estates, Section One, and recorded in Cabinet D, Slide 399, of the Plat Records of Tom Green County, Texas (P.R.T.G.C.T.), being the no rthwest c orner of said C oncho V alley E states, S ection O ne, f or t he no rtheast c orner hereof;

Thence S00°34’24”W, with the west line of said Foster Road, the west line of said Concho Valley Estates, Section One, and over and across said 106.0 14 a cre t ract, for the east l ine hereof, a distance of 4654.29 feet, to a ‘ /2” iron rod set, with plastic cap stamped KCE&S, lying i n t he nor th l ine of t hat c ertain 14.5 a cre tract of l and, known a s t he S eventh Tract, described i n a d eed to the C ity of S an A ngelo, a s r ecorded i n. Volume 295, rage 526 , D.R.T.G.C.T., and lying in the south line of said 106.014 acre tract, for the southeast corner hereof;

Thence, with the south line hereof, the following three (3) calls numbered 1-3:

1. S85°40’57”W, with the north line of said 14.5 acre tract, and the south line of said 106.0 14 acre tract, a distance of 999.36 feet, to a concrete monument found, lying in the east line of s aid 1.0 acre t ract, be ing t he no rthwest corner of s aid 1 4.5 a cre tract, f or a n interior ell corner hereof;

2. S00°46’20”W, with the west line of said 14.5 acre, and the east line of said 1.0 acre tract, a distance of 439.16 feet, to a calculated point, on the north bank of the South Concho River, being the southwest corner of said 14.5 a cre tract, and being the southeast corner of s aid 1.0. a cre t ract, f or a n e xterior e ll c orner he reof, f rom w hich a 1 ¼” i ron pi pe found, for witness, bears N09°58’16”W, a distance of 3.77 feet;

3. N87°52’21”W, with the south l ine of said 1.0 acre tract, a distance of 41.95 feet, t o a calculated point, on t he north bank of the South Concho River, lying in the east l ine of said 234.371 acre tract, being the southwest corner of said 1.0 acre tract, for the southwest c orner he reof, from w hich a 1 ¼” iron pi pe f ound, f or w itness, be ars N05°38’18”E, a distance of 15.26 feet;

EXHIBIT “A”

Thence, with the east line of said 234.371 acre tract, being the west line hereof, the following three (3) calls, numbered 4-6:

4. N00°46’19”E, with the west line of said 1.0 acre tract, a distance of 1034.91 feet, to a 1 ¼” i ron rod found, being the nor thwest corner of said 1.0 a cre tract, for an exterior ell corner hereof,

5. S89°13’39”E, with the north line of said 1.0 acre tract, a distance of 41.94 feet, to a 1 ¼” iron rod found, lying in the west line of said 106.014 acre tract, being the northeast corner of said 1.0 acre tract, for an interior ell corner hereof, and

6. N00°46’20”E, with the east line of said 106.0 14 acre tract, a distance of 4145.25 feet, to the Point of Beginning, containing 107. 49 acres of land, more or less.

B. The part of Block 3048, Tract 1704 as described as following:

Being an area of 3.401 acres of land out of G. Maurer Survey 182, Abstract No. 1649, Tom Green County, Texas and said 3.401 acre tract also being out of and a part of “1487.134” acre tract de scribed by de ed recorded in V olume 807, Page 1, D eed R ecords o f T om G reen County, Texas and said 3.401 acre t ract b eing m ore pa rticularly de scribed by metes and bounds as follows;

Beginning at a point for the northeast corner of this tract and being 3468.91 feet S. 33º 37’ 45” E f rom a f ence corner pos t i dentified by de ed r ecords as t he nor thwest co rner of s aid Survey 182 and said beginning corner also being in the south line of an 80’ wide right-of-way easement recorded as Exhibit “B” in Volume 1167, Page 659, Official Public Records of Real Property of Tom Green County, Texas and on the edge of a ridge;

Thence, with the east line of this tract and following the edge of said ridge as follows, S. 05° 07’ 06” W. 15.28 feet, S. 79º 26’ 39” E. 60.96 feet, S. 13° 14’ 21” W. 38.00 feet, S. 63° 55’ 27” W. 35.07 feet, N. 88° 21’ 15” W. 73.13 feet, N 73° 44’ 46” W. 44.94 feet, S 33º 25’ 51” W. 58.38 feet, S. 40° 41’ 20” E. 83.41 feet, S. 37º 18’ 34” E. 64.03 feet, S. 27° 39’ 26” E. 69.92 feet, S . 16° 40’ 49” E. 65.82 f eet, S 01º 31’ 07” W. 153.32 feet, S . 14° 48’ 31” W. 41.21 feet, S. 52° 20’ 44” W. 36.23 feet, S . 56° 05’ 52” W. 56.66 feet, S . 43° 06’ 17” W. 43.06 feet, S. 12° 50’ 34” E. 22.79 feet, S. 16° 21’ 28” W. 17.29 feet to the southeast corner of this tract;

Thence, with the south line of this tract along said ridge, S. 87° 02’ 57” W. 38.97 feet to the southwest corner of this tract;

Thence, with the west l ine of this tract and along said r idge as follows, N. 12° 08’ 59” W. 65.47 feet, N. 05° 09’ 24” E. 55.94 feet, N 24° 07’ 59” E. 29.72 feet, N 29° 35’ 13” E.. 57.24 feet, N. 19° 31’ 50” W. 52.16 feet, N. 34° 39’ 45” W 125.69 feet, N. 44° 33’ 05” W. 143.72 feet, N. 30° 51’ 54” W. 111.49 feet, N. 38° 41’ 49” W. 96.83 feet, N. 08° 53’ 40” E. 48.74 feet, N. 43º 14’ 20” E. 42.65 feet, N. 23° 26’ 05” E. 12.20 feet to the northwest corner of this tract;

Thence, with the north line of this tract and south line of said 80’ Easement, S. 83° 38’ 17” E. 380.52 feet to the place of beginning and containing an area of 3.401 acres of land.

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LegendDistrict 1

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District 6 ®0 14,0003,500 7,000 10,500

FeetSingle Member Districts 2011

Printing Date: Thursday, June 30, 2011 10:32:21 AMK:\smd\workarea\smd_dp.mxdCoordinate System: North American 1927City of San Angelo GIS DivisionIllustrative purposes only.Copyright 1987-2011 City of San Angelo

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2011 AnnexationJune 28, 2011

Path: K:\annexation\workarea\11_annex_June28.mxdDate: 7/11/2011Author: COSA GIS Division

2000 Census Blocks

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Annexed Area

MEMORANDUM

DATE: July 26, 2011 TO: Harold Dominguez, City Manager FROM: Elizabeth Grindstaff, Asst. City Manager SUBJECT: Agenda Item for August 2, 2011 City Council Meeting CONTACT PERSON: Elizabeth Grindstaff, Asst. City Manager PHONE NUMBER: 325.657.4241 CAPTION: Update by Siemens Industry, Inc. regarding the feasibility of a landfill gas project as outlined in the Letter of Intent (approved by City Council in December 2010) and any action related thereto. SUMMARY: For several years now, the City of San Angelo has been working with Siemens Industry Inc. to explore various ways to reuse the now-flared methane gas produced by the City’s landfill. Captured methane can be used as an alternative to natural gas and it can be converted to electricity A letter of Intent (LOI) was approved by City Council in December 2010 and was executed shortly thereafter. The LOI was necessary to explore and compare the economics of a gas-to-electricity project (which could benefit Goodfellow AFB) with and a direct-use gas project (which could benefit the needs of HTC, Martifer-Hirschfeld, Ethicon, and others). In either case, well field expansion and increased methane capture would allow for the provision of even more fuel, thereby providing an affordable, renewable energy source for the City’s economic development partners. Since the LOI was executed, the City of San Angelo has received a letter from Col. Paul Bugenske, Mission Support Group Commander at Goodfellow AFB, indicating the inability of the Air Force Base to pursue use of the landfill gas at this point in time, as originally intended. Therefore, Siemens and City staff has begun more detailed discussions with local industry whose operations require large amounts of natural gas to determine who would be interested in purchasing the landfill gas for direct-use. HISTORY: On two separate occasions, the last being September 22, 2010, the City Council approved the submission of a $1 million grant request in the Distributed Renewable Energy Technology Stimulus Grant Program of the Texas Comptroller of Public Accounts. In the first round, the City received no award as all projects awarded funding were based on solar technologies. Likewise, the City was also unsuccessful in capturing an award of funds in the second and final round. Regardless, the grants were only relevant to the gas-to-electricity model. RECOMMENDATION: Staff recommends the continued investigation of the direct-use of the landfill gas. FINANCIAL IMPACT: None as a result of this update. ATTACHMENTS: Draft copy of Letter Of Intent

December 14, 2010 Mr. Chad L. Nobles Energy & Environmental Solutions Siemens Industry, Inc. 8850 Fallbrook Road Houston, TX 77064 Re: Approval to Proceed with Study for Landfill Gas Project Dear Mr. Nobles: The City of San Angelo, Texas (“CoSA”) intends to contract with the Building Technologies division of Siemens Industry, Inc. (“Siemens”) for the design and implementation of a project to utilize landfill gas from the landfill located at 3002 Old Ballinger Highway in San Angelo, Texas. This letter serves as authorization to conduct a Detailed Energy & Site Study (“Study”). The Study will consist of two phases: In Phase I, CoSA and Siemens will explore and compare the conceptual economics of a gas-to-electricity project and a direct-use gas project. CoSA and Siemens will meet with potential end-users to determine the volumes of gas or electricity they would be willing to purchase, as well as the prices they would be willing to pay. Siemens will compile budgetary costs for both projects based on the information gathered, and deliver to CoSA a Phase I report comparing the economics of gas-to-electricity versus direct-use. Thereafter, CoSA must choose whether to implement a gas-to-electricity or a direct-use project; whichever option CoSA selects shall be the “Project” that will be the focus of Phase II. In Phase II, Siemens will analyze and develop CoSA’s selected Project, and provide the following deliverables to CoSA: 1. Turnkey proposal and price to cover the design, engineering, permitting and installation of the Project; 2. Cash flow statements for the Project for a 20-year period; and 3. A plan and costs for ongoing Project operations and maintenance.

During the Study, CoSA will be responsible for the following: 1. Arrange and attend meetings between CoSA, Siemens, and the end user(s) in order to facilitate and expedite

the gathering of Phase I information 2. Provide other information as necessary and appropriate to complete the Study 3. Obtain a commodity sales agreement with the Project’s end user(s) 4. Expand the existing landfill gas collection system 5. Permitting the Project (with assistance from Siemens) 6. Assume ownership of the Project 7. Obtain financing for the Project

CoSA and Siemens will cooperate to finalize the technical, legal and financial components of the Project, and during the course of the Study, other potential efficiencies and improvements may be identified which may be added, modified, delayed, or dropped from the Project, as agreed by the parties. If CoSA issues a notice-to-proceed to Phase II of the Study within sixty (60) days of receipt of Siemens’ Phase I report, the Phase I fee will be deferred, but if CoSA does not proceed to Phase II within 60 days, then CoSA shall pay Siemens $45,000 for Phase I. Similarly, if CoSA commits to implement the Project with Siemens within 45 days of receipt of Siemens’ Phase II proposal, the Phase I fee ($50,000) and the Phase II fee ($95,000) can be included in the implementation price of the Project. However, if CoSA chooses not to pursue the Project with Siemens within 45 days, then CoSA agrees to pay Siemens $140,000.00 for the work performed under both phases of the Study. The City of San Angelo looks forward to working with Siemens on this mutually-beneficial endeavor. If Siemens

agrees, please acknowledge below and return a copy of this letter. Sincerely, Harold Dominguez, City Manager

Acknowledged and agreed for Siemens:

By:

Print:

Title:

Date:

City of San Angelo






Caption: Consideration of m odifications t o t he Water C onservation/Drought C ontingency Plan and any action in connection thereto.

Summary: A draft revised Water Conservation/Drought Contingency P lan has been prepared based on Council direction from the July 19th meeting. History: The plan is des igned to prove long term conservation of the m unicipal water supply and management provisions for a water supply shortfall. Financial Impact: N/A Related Vision Item (if applicable): Long Term Water Supply Other Information/Recommendation: Changes to the current plan include:

• Designation of watering days • Adjustments to water usage amounts before surcharges become applicable • Increases in surcharges • Modification to allowable landscape watering frequency

Attachments: Draft Revised Ordinance Red-Lined and Draft Revised Ordinance Presentation: Will Wilde, Water Utilities Director Reviewed by Service Area Director: Will Wilde, Water Utilities Director, July 26, 2011.

ARTICLE 11.200 WATER CONSERVATION AND DROUGHT CONTINGENCY PLAN

Sec. 11.201 Purpose

The purpose of the water conservation and drought contingency plan is to encourage water conservation at all times and to establish a procedure for identifying, classifying and handling a water supply and/or a water demand emergency effectively and efficiently.

(Ordinance adopted 8/26/05)

Sec. 11.202 Water Conservation Measures

The city will utilize the following strategies to encourage, promote and require citizens to conserve water at all times.

(1) Conservation Plan. The “City of San Angelo Water Conservation Plan,” dated March 22, 2005 March 2 2009 , which i s on f ile i n t he of fice of t he c ity c lerk, and available for public inspection, is adopted and incorporated herein.

(A) Implementation. The di rector of w ater ut ilities w ill a ct a s the administrator of the water conservation plan. The administrator will oversee the execution and implementation of a ll elements of the pr ogram a nd will be responsible f or s upervising t he pr omulgation and r etention of r ecords f or program verification.

(2) Plumbing C ode. T he c ity pl umbing c ode ha s pr ovision f or w ater conserving plumbing devices. The c ity will enforce t he requirements of t he code to ensure t he use of water saving devices.

(3) Universal M etering. All us ers of m unicipal t reated water, except f or f ire sprinkler lines, will be metered.

(4) Water Supply Meters. The city metering devices will record water use with an accuracy of plus or minus 5.0% in order to measure and account for the amount of raw water diverted from the source of supply.

(5) Restaurants. Restaurants shall not serve water to their cus tomers except when specifically requested by the customer.

(6) Waste of Water. As defined below shall be prohibited.

(A) Allowing t reated city w ater, raw ci ty w ater or w ell w ater t o run off property to a gutter, s treet, a lley, di tch or drainage facility and drain for more than 15075 feet downgrade of the point of entry into such gutter, s treet, a lley, ditch or drainage facility.

(B) Failure to repair a controllable leak.

(7) Prohibited Watering Hours. The use of t reated or r aw ci ty water for watering lawns, gardens, l andscape areas, t rees, golf c ourses, s hrubs o r ot her p lants be ing grown out doors ( not i n a nur sery) s hall be pr ohibited be tween t he hour s of 12: 00 noon and 6:00 p.m. daily from April 1 through October 31.

(8) Allowable Watering DaysFrequency. The u se of t reated or r aw city water for watering l awns, landscape a reas, t rees, gardens, golf courses (except greens and tee areas), shrubs or other plants being grown outdoors (not in a nursery) shall be allowed at a f requency of t wice eve ry s even days f or e ach area be ing w atered during t he period of April 1 t hrough October 31 and once every seven days for each area being watered during the period of November 1 through March 31. Golf course greens and tee areas may be watered once per day year round.


(9) New Landscape. Watering of newly seeded or sodded lawns or newly planted trees, shrubs or landscape plants will be allowed at the following frequency provided notification i s g iven t o t he c ity code compliance di vision or w ater c onservation division of the watering schedule:

(A) Days 1-14 from planting; three times per day every day of such period at any time of day.

(B) Days 15-28 from planting; twice per day every day of such period at any time of day.


(10) Allowable Application Rates. The maximum amount of treated or raw city water applied t o e stablished l awns, l andscape pl ants, gol f c ourses ( except gr eens and tee areas) or shrubs should not exceed 1 inch per week.

(11) Drip Irrigation. Landscape w atering w ith a dr ip i rrigation s ystem s hall be permitted on any day and at any time of day provided that the total amount of water applied s hall not exceed 1 i nch pe r w eek. For t he pu rpose o f t his article, dr ip irrigation shall me an a water s aving ir rigation system tha t us es bur ied drip pipe or tape.

(12) Excessive Usage Fee. A fee shall be charged for water usage in the amounts set f orth be low. T his f ee s hall be i n a ddition t o t he s tandard f ee charged f or w ater usage.

(A) For s ingle-family r esidential a ccounts, a n a dditional f ee o f $2. 50 pe r 1,000 g allons s hall be c harged for a ll us age be tween 80,00045,000 and

100,00055,000 gallons dur ing a bi lling p eriod, a nd a n a dditional f ee of $5.00 per 1,000 gallons s hall be c harged f or all us age ove r 100,00055,000 gallons during a billing period.

(B) For residential l andscape w ater m eters, a n a dditional f ee o f $2.5 0 pe r 1,000 g allons s hall be c harged for a ll us age be tween 65,00035,000 and 85,00045,000 gallons during a billing period, and an additional fee of $5.00 per 1,000 gallons shall be charged for all usage over 85,00045,000 gallons during a billing period.

(C) For al l ot her l andscape m eters, except t hose at s chools, colleges, parks, cemeteries, golf cour ses or at hletic f acilities, an additional f ee of $2.50 per 1,000 g allons s hall be charged for al l us age between 175,000110,000 and 225,000130,000 gallons during a billing period, and an additional fee of $5.00 per 1,000 gallons s hall be c harged f or a ll us age ove r 225,000130,000 gallons during a billing period.

(13) Contracts w ith Other P olitical S ubdivisions, W ater S upply C orporations or Water S uppliers. A ny political s ubdivision, w ater s upply c orporation, or w ater supplier that contracts with the city for the purchase of water shall adopt applicable provisions of the city’s water conservation and drought contingency plan. Contracts for the sale of water that are already in effect will be revised to reflect the applicable provisions of the city’s most current water conservation and drought contingency plan when the cont racts a re r enewed or extended. T o t he e xtent of t he city’s l egal authority, the city shall require the city’s wholesale customers to issue a public notice advising their water customers of required drought management measures declared in the city as follows in Section 11.203.

(A) In the event that the tr iggering criteria specified in Section 11.203(e) of the Plan for Water Supply Stage – Drought Level III – have been met, the city manager i s he reby a uthorized t o i nitiate a llocation of w ater s upplies on a pr o rata basis in accordance with Texas Water Code Section 11.039 a nd according to the following water allocation policies and procedures.

(B) A wholesale cus tomer’s monthly allocation shall be a pe rcentage of the customer’s water usage baseline. The percentage will be set by resolution of the San A ngelo C ity C ouncil ba sed on t he a dministrator’s a ssessment of t he severity of the water shortage condition and the need to curtail water diversions and/or de liveries a nd m ay b e a djusted pe riodically b y r esolution of t he c ity council as c onditions w arrant. Once p ro rata al location is i n effect, w ater diversions b y or d eliveries to each wholesale customer shall be limited to the allocation established for each month.

(C) Upon initiation of pr o rata w ater allocation, water ut ility di rector s hall provide notice, by certified mail, to each wholesale customer informing them of

their monthly water usage allocations and shall notify the news media and the executive director of the Texas Commission on Environmental Quality.

(14) Water Demand Emergency. In the event the quantity of water usage from the city’s water distribution system reaches a level that exceeds the amount which may be treated or safely delivered through the system, the water utilities director shall notify the city manager and the city council of such an occurrence. The city council shall be authorized t o l imit t he us e of w ater b y passage of a r esolution out lining s uch limitations w hich shall r emain in effect unt il the w ater de mand emergency can be met. U pon i nitiation of a water d emand emergency, the water ut ility di rector s hall provide notice, by certified mail, to the executive director of the Texas Commission on Environmental Quality and shall notify the news media.

(15) Water S upply Emergency. In the event of a w ater system failure or emergency (i.e. pressure zone deficiencies, chemical spills, broken water mains, power out ages, f ailures of s torage t anks o r ot her e quipment, t reatment pl ant breakdown and/or water contamination) which limits the amount of water which may be treated or safely delivered through the system, the water utilities director shall notify the city manager and city council of such occurrence. The city council shall be authorized to limit the use of water by passage of a resolution outlining such limitations which shall remain in effect until the water supply emergency can be me t. Upon ini tiation of a w ater s upply emergency, the w ater ut ility director shall pr ovide not ice, b y c ertified m ail, t o t he e xecutive di rector of t he T exas Commission on Environmental Quality and shall notify the news media.

(16) Public I nformation. The water ut ilities di rector w ill pr ovide regular publ ic education and i nformation a bout t he i mportance of year-round water ef ficiency as delineated i n t he pl an, a nd w ill pr ovide general i nformation a bout w ater s upply conditions a nd dr ought plan pr ovisions on a t l east a n a nnual ba sis. T he pur pose of this effort shall be to keep the citizenry informed about the drought and conservation plans and their importance to the city’s water supply.

(17) Watering Days. The days upon which watering is allowed shall be as set forth in this section for each frequency of watering. Watering on an allowable day may be done during the hour s of 12: 00 m idnight to 12:00 noon , and 6: 00 p .m. to 12.00 midnight during the period of April 1 t o October 31 and any time of day during the period of November 1 to March 31.

(A) Watering Frequency-Twice every seven days. The designated watering days shall be determined by the property address:

Last Digit of Address Watering Days

0 or 1 Monday, Saturday

2 or 3 Tuesday, Saturday

4 or 5 Wednesday, Sunday

6 or 7 Thursday, Sunday

8 or 9 Friday, Sunday

(B) Watering Frequency-Once every seven days. The designated watering day shall be determined by the property address:

Last Digit of Address Watering Day

0 or 1 Monday

2 or 3 Tuesday

4 or 5 Wednesday

6 or 7 Thursday

8 or 9 Friday

(C) Watering F requency-Once ev ery f ourteen days. T he d esignated watering da y shall be determined by the property address:

(1) Week One


0 or 1 Monday

2 or 3 Tuesday

4 or 5 Wednesday

6 or 7 Thursday

8 or 9 Friday

(2) Week Two. No watering allowed.

(18) Residential V ehicle W atering. Washing of ve hicles or ot her e quipment i s allowed only on a designated watering day. A hose with an automatic shut-off nozzle or bucket of f ive gallons or l ess may be used. W ater should not be a llowed to run into the street.

Sec. 11.203 Drought Stages and Water Management Measures

(a) Water Supply Sources. The city has several water supply sources that it can draw upon to meet i ts ne eds. Local s urface w ater s ources i nclude Lake N asworthy, T win Buttes R eservoir, O.C. Fisher Reservoir and the South Concho River. Nonlocal surface water supplies are available to the city from O.H. Ivie Reservoir and Spence Reservoir. The city also owns the rights in an undevelopedhas the Hickory groundwater source in the McCulloch county area.

When l ocal r eservoirs a re f ull, t he c ity’s p rimary water s upply w ill be from t hese r eservoirs along w ith nonl ocal or undergroundgroundwater sources as ne eded. When local r eservoirs ar e below full but above drought trigger points, the local sources may be utilized along with water brought i n f rom nonl ocal s ources or undergroundgroundwater sources. D uring dr ought conditions, t he pr imary source of s upply will be nonl ocal s ources, s ubject t o t he m aximum amount available from each source, with the remaining amount of water coming from the local sources or undergroundgroundwater. sources that the city may develop.

(b) Drought T rigger P oint. W henever the tot al a mount of w ater a vailable to the c ity f alls below the mini mum c riteria e stablished f or e ach water s upply stage le vel, the c ity s hall be deemed to have entered a drought stage for management of its water supplies.

The w ater ut ilities di rector shall not ify t he c ity m anager and c ity council upon e ntering t he threshold of a dr ought stage. T he council s hall i mplement e ach s tage b y resolution. S uch resolution shall be published one time in the local newspaper. The criteria for each stage and the water management measures which shall be enforced are as follows in subsections (d) to (f).

(c) Public Information. The water utilities director will provide reports to the news media with information r egarding current w ater s upply conditions, pr ojected water s upply a nd d emand conditions i f t he c urrent dr ought c onditions c ontinue, a nd c onsumer i nformation on w ater conservation m easures a nd pr actices. Information de scribing each w ater s upply s tage t rigger point and drought l evel restrictions on w ater use shall be prepared and published on t he c ity’s website.

(d) Water Supply Stage – Drought Level I.

(1) The minimum criteria for this drought stage shall be the following.

The total amount of water available, as determined by the water utilities director, to the city from its developed water sources is less than a 24-month supply.

(2) In addition to the conservation measures stated in Section 11.202 of this article, the following additional water conservation measures shall be in force during Water Supply Stage – Drought Level I.

(A) The us e of t reated or r aw city water for w atering l awns, gardens, landscape ar eas, trees, shrubs, g olf c ourses ( except g reens, tees and athletic fields or tee areas) or other plants being grown outdoors (not in a nursery) shall

be pr ohibited a t a ll t imes pr ovided how ever a person m ay do s uch w atering which shall be once every seven da ys for e ach area be ing watered dur ing the period of A pril 1 t hrough O ctober 31 a nd on ce e very 14 da ys for e ach a rea being w atered dur ing t he pe riod of N ovember 1 t hrough M arch 31 e xcept during the “prohibited watering hours” as stated in Section 11.202.

(B) Golf courses greens and tee areas may be watered daily.

(C) Tees and athletic f ields, except t hose us ed only for pr actice, may be watered twice every seven days except during the “prohibited watering hours” as stated in Section 11.202.

(CD) Watering of newly seeded or sodded lawns, newly planted trees, shrubs, landscape plants or golf course greens or tee areas that have been over-seeded with w inter gr ass or t hat ha ve be en replanted, resodded or ne wly constructed shall be allowed in accordance with the provisions as stated in Section 11.202 for “new landscape.”

(3) A fee shall be charged for water usage in the amounts as set forth below.

This fee shall be in addition to the standard fee charged for water usage and shall be in lieu of the “excessive usage fee” as defined in Section 11.202.

(A) For s ingle-family residential account s, an additional f ee of $2.50$3.50 per 1,000 g allons s hall be c harged f or a ll us age be tween 65,00040,000 and 75,00050,000 gallons dur ing a bi lling pe riod, a nd a n a dditional fee of $5.00$6.00 per 1,000 ga llons shall be charged for all usage over 75,00050,000 gallons during a billing period.

(B) For residential l andscape and raw water m eters, an additional f ee of $2.50$3.50 per 1,000 g allons s hall be c harged f or a ll us age be tween 50,00030,000 and 60,00040,000 gallons dur ing a bi lling pe riod, and a n additional f ee of $5.00$6.00 per 1,000 gallons s hall be c harged f or a ll usage over 60,00040,000 gallons during a billing period.

(C) For a ll l andscape m eters, except t hose at s chools, c olleges, p arks, cemeteries, golf courses or athletic facilities, an additional fee of $2.50$3.50 per 1,000 g allons s hall be c harged for a ll us age be tween 175,00095,000 and 200,000115,000 gallons dur ing a bi lling pe riod, a nd a n a dditional f ee of $5.00$6.00 per 1,000 ga llons s hall be c harged for a ll us age ove r 200,000115,000 gallons during a billing period.

(D) The days upon which watering may be done shall be as specified in Section 11.202(17).

(D) For r aw water pe rmit holders t hat a re not metered, an additional f ee of $15.00 per month shall be charged.

(e) Water Supply Stage – Drought Level II.



(2) In addition to the conservation measures stated in Section 11.202 of this article, the following additional water conservation measures shall be in force during Water Supply Stage – Drought Level II.

(A) The us e of t reated or r aw city water for w atering l awns, gardens, landscape a reas, t rees, s hrubs, g olf c ourses ( except g reens, tees and athletic fields or tee areas) or other plants being grown outdoors (not in a nursery) shall be pr ohibited a t a ll t imes pr ovided how ever a person m ay do s uch w atering which shall be once every tenfourteen days for each area being watered during the period of April 1 t hrough October 31 and once every 14 da ys for each area being w atered dur ing t he pe riod of N ovember 1 t hrough M arch 31 e xcept during the “prohibited watering hours” as stated in Section 11.202.

(B) Golf courses greens and tee areas may be watered daily.

(C) Tees and athletic f ields, except t hose us ed only for pr actice, may be watered once every seven days except during the “prohibited watering hours” as stated in Section 11.202.

(CD) Hand Wwatering with a hose that has an automatic shut off nozzle or a bucket of f ive gallon or less of newly seeded o r sodded lawns, newly planted trees, or shrubs, may b e done twice eve ry s even days for s ixty da ys a fter planting.landscape plants, or g

(E) Golf c ourse greens or t ee ar eas that ha ve been ove r-seeded with winter grass or t hat ha ve be en r eplanted, r esodded o r ne wly c onstructed shall be allowed may be watered in accordance with the provisions as stated in Section 11.202 for “new landscape.”

(E) The days upon which watering may be done shall be as specified in Section 11.202(17).


This fee shall be in addition to the standard fee charged for water usage and in lieu of t he water us age f ee s et out i n Section 11.203 (d)(3) t he “ excessive us age f ee” as defined in Section 11.202.

(A) For s ingle-family residential account s, an additional f ee of $3.50$5.00 per 1,000 g allons s hall be c harged f or a ll us age be tween 50,00030,000 and 60,00040,000 gallons dur ing a bi lling pe riod, a nd a n a dditional fee of $7.00$8.00 per 1,000 ga llons shall be charged for all usage over 60,00040,000 gallons during a billing period.

(B) For residential l andscape or r aw water meters, an additional f ee of $3.50$5.00 per 1,000 g allons s hall be c harged f or a ll us age be tween 35,00020,000 and 40,00030,000 gallons dur ing a bi lling pe riod, and a n additional f ee of $7.00$8.00 per 1,000 gallons s hall be c harged f or a ll usage over 40,00030,000 gallons during a billing period.

(C) For al l l andscape m eters, except t hose at schools, c olleges, p arks, cemeteries, golf courses or athletic facilities, an additional fee of $3.50$5.00 per 1,000 g allons s hall be c harged for a ll us age be tween 150,00080,000 and 175,000100,000 gallons dur ing a bi lling pe riod, a nd a n a dditional f ee of $7.00$8.00 per 1,000 ga llons s hall be c harged for a ll us age ove r 175,000100,000 gallons during a billing period.

(D) For r aw water pe rmit holders t hat a re not metered, an additional f ee of $20.00 per month shall be charged.

(f) Water Supply Stage – Drought Level III.



(2) In addition to the water conservation measures stated in Section 11.202 of this article, the f ollowing w ater conservation measures s hall b e in force du ring W ater Supply Stage - Drought Level III.

(A) The us e o f t reated or r aw city water f or w atering of l awns, gardens, landscape areas, trees, golf courses ( including greens and tee areas), shrubs or other plants being grown outdoors is prohibited.

(B) The use of treated or raw city water to fill, refill or maintain the level of any fountain or swimming pool is prohibited.

(C) Washing of automobiles, trucks, trailers, boats, or other types of vehicles or mobile equipment is prohibited except if the health, safety and welfare of the

public is contingent upon vehicle cleaning, as determined by the director of city health services; then the washing of such vehicles shall be allowed.

(3) A fee shall be charged for water usage in the amounts as set forth below. This fee shall be in addition to the standard fee charged for water usage and shall be in lieu of t he w ater us age f ee s et out i n Sections 11.2 03(d)(3) a nd 11.203(e)(3) a nd t he “excessive usage fee” as defined in Section 11.202.

(A) For s ingle-family residential account s, an additional f ee of $5.00$6.00 per 1,000 ga llons s hall be c harged f or all us age ove r 15,000 ga llons dur ing a billing period.

(B) For a partment uni t a ccounts, a n a dditional f ee of $5.00$6.00 per 1,000 gallons shall be charged for a ll usage over an a mount equal t o t he number of units in the apartment times 3,000 gallons during a billing period.

(C) For a ll ot her w ater us ers, a n a dditional f ee of $2.50$3.50 per 1,000 gallons shall be charged for all usage.


Sec. 11.204 Exception and Variance

(a) Exceptions. T here s hall be a n e xception t o t he pr ohibitions of t his a rticle r egarding watering restrictions, as follows:

(1) Use of water for installing, testing and repairing sprinkler systems.

(b) Variance.

(1) A pe rson desiring an exemption f rom any provision of this article shall f ile a petition for va riance w ith the c ity ma nager. All pe titions f or va riances s hall be reviewed and acted upon by the city council. The petition shall include at a minimum the following information:

(A) Name and address of the petitioner(s).

(B) Purpose and estimated amount of water use.

(C) Specific provision(s) of the article from which the petitioner is requesting an exemption.

(D) Detailed statement as t o how t he s pecific pr ovision of t he ar ticle adversely affects t he pe titioner or w hat d amage or h arm w ill oc cur t o t he petitioner or others if petitioner complies with this article.

(E) Description of the relief requested.

(F) Period of time for which the variance is sought.

(G) Alternative w ater us e r estrictions or ot her me asures the pe titioner is taking or proposes to take to meet the intent of this article and the effective date of such other measures.

(H) Other pertinent information.

(I) Statement tha t p etitioner has not within the last s ix months int entionally violated t he c urrent or dinance f or w hich a v ariance i s s ought or , i f s uch violations have occurred, a statement setting out all reasons why such ordinance was violated.

(2) The city council may grant a variance from the requirements of this article after determining that be cause of s pecial ci rcumstances applicable t o t he appl icant, compliance with this article:

(A) Cannot be technically accomplished during the expected duration of the water supply shortage or other condition for which the article is in effect; or

(B) Will cause undu e hardship on a p rogram or s ervice of fered b y a public entity; or

(C) Substantially threatens the applicant’s primary source of income.

(3) Additionally, t he city c ouncil m ay grant a variance f rom t he requirements of this a rticle if it de termines tha t the a pplicant c an implement a lternative w ater us e restrictions w hich m eet or ex ceed t he i ntent of this ar ticle. The city council s hall approve specific alternative water use restrictions.

(4) Any variance granted by the city council may be revoked after a determination by t he ci ty council t hat r evocation is ne cessary for the publ ic he alth and safety o r upon a finding that the holder of a variance allowing alternative water use restrictions has not complied with such alternative restrictions.

Sec. 11.205 Implementation and Enforcement

(a) Implementation:

(1) The water utilities director for the city will act as the administrator of the water conservation drought contingency plan. The administrator will oversee the execution and i mplementation of all e lements of t he pr ogram. H e w ill be r esponsible f or supervising t he promulgation a nd r etention o f a dequate r ecords for pr ogram verification.

(2) The w ater c onservation pl an w ill be m aintained f or t he dur ation of t he c ity’s financial obligation to the state under the State Revolving Loan Fund program.

(b) Contracts W ith O ther P olitical S ubdivisions, W ater S upply C orporations or W ater Suppliers: Any pol itical subdivision, water supply corporation, or water supplier that contracts with t he c ity for t he purchase of w ater s hall a dopt a pplicable pr ovisions of t he c ity’s w ater conservation and drought contingency pl an. Contracts for t he s ale of water t hat a re already in effect w ill be r evised to reflect the a pplicable pr ovisions of the c ity’s mos t c urrent w ater conservation and drought contingency plan when the contracts are renewed.

(c) Enforcement: The water conservation and drought contingency plan will be enforced in the following manner:

(1) Water s ervice ta ps w ill not be pr ovided to customers not me eting the pl an requirements.

(2) The i nclining bl ock w ater r ate s tructure s hould e ncourage r etrofitting of ol d plumbing fixtures which use large quantities of water.

(3) Customers who do not pay their water bills will have service discontinued

(4) The bui lding ins pection department w ill n ot c ertify ne w c onstruction w hich fails to meet the plan requirements.

(5) Persons violating the prohibitions of this article will be subject to prosecution in municipal court.

Sec. 11.206 Penalty

It shall be unlawful to violate any of the prohibitions contained in this article. Any person violating such prohibitions shall be guilty of a misdemeanor and upon conviction shall be fined in accordance with the general penalty provision found in Section 1.106 of this code.


ARTICLE 11.200 WATER CONSERVATION AND DROUGHT CONTINGENCY PLAN

Sec. 11.201 Purpose

The purpose of the water conservation and drought contingency plan is to encourage water conservation at all times and to establish a procedure for identifying, classifying and handling a water supply and/or a water demand emergency effectively and efficiently.


Sec. 11.202 Water Conservation Measures

The city will utilize the following strategies to encourage, promote and require citizens to conserve water at all times.

(1) Conservation Plan. The “City of San Angelo Water Conservation Plan,” dated March 2 2009, which is on file in the office of the city clerk, and available for public inspection, is adopted and incorporated herein.

(A) Implementation. The di rector of w ater ut ilities w ill a ct a s the administrator of the water conservation plan. The administrator will oversee the execution and implementation of a ll elements of the pr ogram a nd will be responsible f or s upervising the pr omulgation and r etention of r ecords f or program verification.

(2) Plumbing C ode. T he c ity pl umbing c ode ha s pr ovision f or w ater conserving plumbing devices. The c ity will enforce t he requirements of t he code to ensure t he use of water saving devices.

(3) Universal M etering. All us ers of m unicipal t reated water, except f or f ire sprinkler lines, will be metered.

(4) Water Supply Meters. The city metering devices will record water use with an accuracy of plus or minus 5.0% in order to measure and account for the amount of raw water diverted from the source of supply.

(5) Restaurants. Restaurants shall not serve water to their cus tomers except when specifically requested by the customer.

(6) Waste of Water. As defined below shall be prohibited.

(A) Allowing t reated city w ater, raw ci ty w ater or w ell w ater t o run off property to a gutter, s treet, a lley, di tch or drainage facility and drain for more than 75 feet downgrade of the point of entry into such gutter, street, alley, ditch or drainage facility.

(B) Failure to repair a controllable leak.

(7) Prohibited Watering Hours. The use of t reated or r aw ci ty water for watering lawns, gardens, l andscape a reas, t rees, golf c ourses, s hrubs o r ot her p lants be ing grown out doors ( not in a nur sery) s hall be pr ohibited be tween t he hour s of 12: 00 noon and 6:00 p.m. daily from April 1 through October 31.

(8) Allowable W atering Frequency. The us e of t reated or raw city w ater for watering lawns, landscape areas, trees, gardens, golf courses (except greens), shrubs or ot her pl ants be ing grown out doors (not i n a nur sery) s hall be a llowed a t a frequency of twice every seven days for each area being watered during the period of April 1 t hrough October 31 a nd once every seven days for each area being watered during t he pe riod o f N ovember 1 t hrough M arch 31. G olf course greens m ay b e watered once per day year round.


(9) New Landscape. Watering of newly seeded or sodded lawns or newly planted trees, shrubs or landscape plants will be allowed at the following frequency provided notification i s g iven t o t he c ity code compliance di vision or w ater c onservation division of the watering schedule:

(A) Days 1-14 from planting; three times per day every day of such period at any time of day.

(B) Days 15-28 from planting; twice per day every day of such period at any time of day.


(10) Allowable Application Rates. The maximum amount of treated or raw city water applied to established lawns, landscape plants, golf courses (except greens) or shrubs should not exceed 1 inch per week.

(11) Drip Irrigation. Landscape w atering w ith a dr ip i rrigation s ystem s hall be permitted on any day and at any time of day provided that the total amount of water applied s hall not exceed 1 i nch pe r w eek. For t he pu rpose o f t his article, dr ip irrigation shall me an a water s aving ir rigation system tha t us es bur ied drip pipe or tape.

(12) Excessive Usage Fee. A fee shall be charged for water usage in the amounts set f orth be low. T his f ee s hall be i n a ddition t o t he s tandard f ee charged f or w ater usage.

(A) For s ingle-family r esidential a ccounts, a n a dditional f ee o f $2. 50 pe r 1,000 gallons shall be charged for all usage between 45,000 and 55,000 gallons

during a billing period, and an additional fee of $5.00 per 1,000 gallons shall be charged for all usage over 55,000 gallons during a billing period.

(B) For residential l andscape w ater m eters, a n a dditional f ee o f $2.5 0 pe r 1,000 gallons shall be charged for all usage between 35,000 and 45,000 gallons during a billing period, and an additional fee of $5.00 per 1,000 gallons shall be charged for all usage over 45,000 gallons during a billing period.

(C) For al l ot her l andscape m eters, except t hose at s chools, colleges, parks, cemeteries, golf cour ses or at hletic f acilities, an additional f ee of $2.50 per 1,000 g allons s hall be charged f or all us age b etween 110,000 and 130,000 gallons during a billing period, and an additional fee of $5.00 per 1,000 gallons shall be charged for all usage over 130,000 gallons during a billing period.

(13) Contracts w ith O ther P olitical S ubdivisions, W ater S upply Corporations or Water S uppliers. A ny political s ubdivision, w ater s upply c orporation, or w ater supplier that contracts with the city for the purchase of water shall adopt applicable provisions of the city’s water conservation and drought contingency plan. Contracts for the sale of water that are already in effect will be revised to reflect the applicable provisions of the city’s most current water conservation and drought contingency plan when t he c ontracts a re r enewed or extended. T o t he e xtent of t he city’s l egal authority, the city shall require the city’s wholesale customers to issue a public notice advising their water customers of required drought management measures declared in the city as follows in Section 11.203.

(A) In the event that the tr iggering criteria specified in Section 11.203(e) of the Plan for Water Supply Stage – Drought Level III – have been met, the city manager i s he reby a uthorized t o i nitiate a llocation of w ater s upplies on a pr o rata basis in accordance with Texas Water Code Section 11.039 a nd according to the following water allocation policies and procedures.

(B) A wholesale cus tomer’s monthly allocation shall be a pe rcentage of the customer’s water usage baseline. The percentage will be set by resolution of the San A ngelo C ity C ouncil ba sed on t he a dministrator’s a ssessment of t he severity of the water shortage condition and the need to curtail water diversions and/or de liveries a nd m ay b e a djusted pe riodically b y r esolution of t he c ity council a s c onditions w arrant. O nce p ro r ata a llocation is i n effect, w ater diversions b y or d eliveries to each wholesale customer shall be limited to the allocation established for each month.

(C) Upon initiation of pr o rata w ater allocation, water ut ility di rector shall provide notice, by certified mail, to each wholesale customer informing them of their monthly water usage allocations and shall notify the news media and the executive director of the Texas Commission on Environmental Quality.

(14) Water Demand Emergency. In the event the quantity of water usage from the city’s water distribution system reaches a level that exceeds the amount which may be treated or safely delivered through the system, the water utilities director shall notify the city manager and the city council of such an occurrence. The city council shall be authorized t o l imit t he us e of w ater b y passage of a r esolution out lining s uch limitations w hich shall r emain in effect unt il the w ater de mand emergency can be met. Upon initiation of a w ater d emand emergency, the water ut ility director s hall provide notice, by certified mail, to the executive director of the Texas Commission on Environmental Quality and shall notify the news media.

(15) Water S upply Emergency. In the event of a w ater s ystem failure or emergency (i.e. pressure zone deficiencies, chemical spills, broken water mains, power out ages, f ailures of s torage t anks o r ot her e quipment, t reatment pl ant breakdown and/or water contamination) which limits the amount of water which may be treated or safely delivered through the system, the water utilities director shall notify the city manager and city council of such occurrence. The city council shall be authorized to limit the use of water by passage of a resolution outlining such limitations which shall remain in effect until the water supply emergency can be me t. Upon ini tiation of a w ater s upply emergency, the w ater ut ility director shall pr ovide not ice, b y c ertified m ail, t o t he e xecutive di rector of t he T exas Commission on Environmental Quality and shall notify the news media.

(16) Public I nformation. The water ut ilities di rector w ill pr ovide regular publ ic education and i nformation a bout t he i mportance of year-round water ef ficiency as delineated i n t he pl an, a nd w ill pr ovide g eneral i nformation a bout w ater s upply conditions a nd dr ought plan pr ovisions on a t l east a n a nnual ba sis. T he pur pose of this effort shall be to keep the citizenry informed about the drought and conservation plans and their importance to the city’s water supply.

(17) Watering Days. The days upon which watering is allowed shall be as set forth in this section for each frequency of watering. Watering on an allowable day may be done dur ing t he hour s of 12: 00 m idnight t o 12: 00 noon, a nd 6: 00 p.m . t o 12.00 midnight during the period of April 1 t o October 31 a nd any time of day during the period of November 1 to March 31.

(A) Watering Frequency-Twice every seven days. The designated watering days shall be determined by the property address:

Last Digit of Address Watering Days

0 or 1 Monday, Saturday

2 or 3 Tuesday, Saturday

4 or 5 Wednesday, Sunday

6 or 7 Thursday, Sunday

8 or 9 Friday, Sunday

(B) Watering Frequency-Once every seven days. The designated watering day shall be determined by the property address:


0 or 1 Monday

2 or 3 Tuesday

4 or 5 Wednesday

6 or 7 Thursday

8 or 9 Friday

(C) W atering F requency-Once ev ery f ourteen days. T he d esignated w atering da y shall be determined by the property address:

(1) Week One


0 or 1 Monday

2 or 3 Tuesday

4 or 5 Wednesday

6 or 7 Thursday

8 or 9 Friday

(2) Week Two. No watering allowed.

(18) Residential V ehicle W atering. W ashing of ve hicles or ot her e quipment i s allowed only on a designated watering day. A hose with an automatic shut-off nozzle or bucket of f ive gallons or l ess may be used. Water should not be a llowed to run into the street.

Sec. 11.203 Drought Stages and Water Management Measures

(a) Water Supply Sources. The city has several water supply sources that it can draw upon to meet i ts ne eds. Local s urface w ater s ources i nclude Lake N asworthy, T win Buttes R eservoir, O.C. Fisher Reservoir and the South Concho River. Nonlocal surface water supplies are available to t he c ity f rom O .H. Ivie R eservoir a nd S pence R eservoir. T he city also has t he H ickory groundwater source in the McCulloch county area.

When l ocal r eservoirs a re f ull, t he c ity’s p rimary water s upply w ill be from t hese r eservoirs along with nonlocal or groundwater sources as needed. When local reservoirs are below full but above drought trigger points, the local sources may be utilized along with water brought in from nonlocal s ources or groundwater sources. D uring dr ought c onditions, t he pr imary s ource o f supply w ill be nonl ocal s ources, s ubject t o t he maximum a mount a vailable f rom e ach s ource, with the remaining amount of water coming from the local sources or groundwater.

(b) Drought T rigger P oint. W henever t he t otal a mount of w ater a vailable t o t he city f alls below the mini mum c riteria e stablished f or e ach water s upply stage le vel, the c ity s hall be deemed to have entered a drought stage for management of its water supplies.

The w ater ut ilities di rector s hall not ify the c ity ma nager and city council upon e ntering t he threshold of a dr ought stage. T he council s hall i mplement e ach s tage b y resolution. S uch resolution shall be published one time in the local newspaper. The criteria for each stage and the water management measures which shall be enforced are as follows in subsections (d) to (f).

(c) Public Information. The water utilities director will provide reports to the news media with information r egarding current w ater s upply conditions, pr ojected w ater s upply a nd d emand conditions i f t he c urrent dr ought c onditions c ontinue, a nd c onsumer i nformation on w ater conservation m easures a nd pr actices. Information de scribing each w ater s upply s tage t rigger point and drought l evel restrictions on w ater use shall be prepared and published on t he c ity’s website.

(d) Water Supply Stage – Drought Level I.



(2) In addition to the conservation measures stated in Section 11.202 of this article, the following additional water conservation measures shall be in force during Water Supply Stage – Drought Level I.

(A) The us e of t reated or r aw city water for w atering l awns, gardens, landscape a reas, t rees, s hrubs, g olf c ourses ( except g reens, tees and athletic fields) or ot her pl ants being grown out doors ( not i n a nur sery) s hall be prohibited at all times provided however a person may do such watering which shall be once every seven days for each area being watered during the period of April 1 through October 31 and once every 14 days for each area being watered

during t he p eriod of November 1 t hrough March 31 e xcept dur ing t he “prohibited watering hours” as stated in Section 11.202.

(B) Golf courses greens may be watered daily.

(C) Tees and athletic f ields, except t hose us ed only for pr actice, may be watered twice every seven days except during the “prohibited watering hours” as stated in Section 11.202.

(D) Watering of newly seeded or sodded lawns, newly planted trees, shrubs, landscape plants or golf course greens or tee areas that have been over-seeded with w inter gr ass or t hat ha ve be en replanted, resodded or ne wly constructed shall be allowed in accordance with the provisions as stated in Section 11.202 for “new landscape.”


This fee shall be in addition to the standard fee charged for water usage and shall be in lieu of the “excessive usage fee” as defined in Section 11.202.

(A) For s ingle-family r esidential ac counts, an a dditional f ee o f $3.50 per 1,000 gallons shall be charged for all usage between 40,000 and 50,000 gallons during a billing period, and an additional fee of $6.00 per 1,000 gallons shall be charged for all usage over 50,000 gallons during a billing period.

(B) For residential landscape and raw water meters, an additional fee of $3.50 per 1,000 g allons s hall be c harged f or a ll us age be tween 30,000 and 40,000 gallons during a billing period, and an additional fee of $6.00 per 1,000 gallons shall be charged for all usage over 40,000 gallons during a billing period.

(C) For a ll l andscape m eters, except t hose at s chools, c olleges, p arks, cemeteries, golf cour ses or at hletic f acilities, an additional f ee of $3.50 per 1,000 gallons shall be charged for all usage between 95,000 and 115,000 gallons during a billing period, and an additional fee of $6.00 per 1,000 gallons shall be charged for all usage over 115,000 gallons during a billing period.

(D) The days upon which watering may be done shall be as specified in Section 11.202(17).

(e) Water Supply Stage – Drought Level II.



(2) In addition to the conservation measures stated in Section 11.202 of this article, the following additional water conservation measures shall be in force during Water Supply Stage – Drought Level II.

(A) The us e of treated or r aw city water for w atering l awns, gardens, landscape ar eas, trees, shrubs, golf cour ses ( except g reens, tees and athletic fields) or ot her pl ants being grown out doors ( not i n a nur sery) s hall be prohibited at all times provided however a person may do such watering which shall be once every fourteen days for each area being watered during the period of A pril 1 t hrough O ctober 31 and onc e every 14 da ys for each a rea being watered during the period of November 1 t hrough March 31 except during the “prohibited watering hours” as stated in Section 11.202.

(B) Golf courses greens may be watered daily.

(C) Tees and athletic f ields, except t hose us ed onl y for pr actice, may be watered once every seven days except during the “prohibited watering hours” as stated in Section 11.202.

(D) Hand w atering with a hos e t hat ha s a n a utomatic s hut of f noz zle or a bucket of five gallon or less of newly planted trees or shrubs may be done twice every seven days for sixty days after planting.

(E) Golf course greens t hat have been over-seeded with winter g rass may be watered in accordance with the provisions as stated in Section 11.202 for “new landscape.”

(E) The days upon which watering may be done shall be as specified in Section 11.202(17).


This fee shall be in addition to the standard fee charged for water usage and in lieu of t he water us age f ee s et out i n Section 11.203 (d)(3) t he “ excessive us age f ee” as defined in Section 11.202.

(A) For s ingle-family r esidential a ccounts, a n a dditional f ee o f $5.00 per 1,000 gallons shall be charged for all usage between 30,000 and 40,000 gallons during a billing period, and an additional fee of $8.00 per 1,000 gallons shall be charged for all usage over 40,000 gallons during a billing period.

(B) For residential landscape or raw water meters, an additional fee of $5.00 per 1,000 g allons s hall be c harged f or a ll us age be tween 20,000 and 30,000

gallons during a billing period, and an additional fee of $8.00 per 1,000 gallons shall be charged for all usage over 30,000 gallons during a billing period.

(C) For a ll l andscape m eters, an additional f ee of $5.00 per 1,000 g allons shall be charged for al l us age be tween 80,000 and 100,000 gallons dur ing a billing period, and an additional fee of $8.00 per 1,000 gallons shall be charged for all usage over 100,000 gallons during a billing period.

(f) Water Supply Stage – Drought Level III.



(2) In addition to the water conservation measures stated in Section 11.202 of this article, the f ollowing w ater conservation measures s hall b e in force du ring W ater Supply Stage - Drought Level III.

(A) The us e o f t reated or r aw city water f or w atering of l awns, gardens, landscape areas, trees, golf courses ( including greens and tee areas), shrubs or other plants being grown outdoors is prohibited.

(B) The use of treated or raw city water to fill, refill or maintain the level of any fountain or swimming pool is prohibited.

(C) Washing of automobiles, trucks, trailers, boats, or other types of vehicles or mobile equipment is prohibited except if the health, safety and welfare of the public is contingent upon vehicle cleaning, as determined by the director of city health services; then the washing of such vehicles shall be allowed.

(3) A fee shall be charged for water usage in the amounts as set forth below. This fee shall be in addition to the standard fee charged for water usage and shall be in lieu of t he w ater us age fee s et out i n Sections 11.2 03(d)(3) a nd 11.203(e)(3) a nd t he “excessive usage fee” as defined in Section 11.202.

(A) For s ingle-family r esidential a ccounts, a n a dditional f ee o f $6.00 per 1,000 gallons shall be charged for all usage over 15,000 gallons during a billing period.

(B) For apartment unit accounts, an additional fee of $6.00 per 1,000 gallons shall be charged for all usage over an amount equal to the number of units in the apartment times 3,000 gallons during a billing period.

(C) For all ot her w ater us ers, a n additional f ee of $3.50 per 1,000 gallons shall be charged for all usage.


Sec. 11.204 Exception and Variance

(a) Exceptions. T here s hall be a n e xception t o t he pr ohibitions of t his a rticle r egarding watering restrictions, as follows:

(1) Use of water for installing, testing and repairing sprinkler systems.

(b) Variance.

(1) A pe rson desiring an exemption f rom any provision of this article shall f ile a petition for va riance w ith the c ity ma nager. All pe titions f or va riances s hall be reviewed and acted upon by the city council. The petition shall include at a minimum the following information:

(A) Name and address of the petitioner(s).

(B) Purpose and estimated amount of water use.

(C) Specific provision(s) of the article from which the petitioner is requesting an exemption.

(D) Detailed statement a s to how the s pecific pr ovision of the a rticle adversely affects t he pe titioner or w hat d amage or h arm w ill oc cur t o t he petitioner or others if petitioner complies with this article.

(E) Description of the relief requested.

(F) Period of time for which the variance is sought.

(G) Alternative w ater us e r estrictions or ot her me asures the pe titioner is taking or proposes to take to meet the intent of this article and the effective date of such other measures.

(H) Other pertinent information.

(I) Statement tha t p etitioner has not within the last s ix months int entionally violated t he c urrent or dinance f or w hich a v ariance i s s ought or , i f s uch violations have occurred, a statement setting out all reasons why such ordinance was violated.

(2) The city council may grant a variance from the requirements of this article after determining that be cause of s pecial ci rcumstances applicable t o t he appl icant, compliance with this article:

(A) Cannot be technically accomplished during the expected duration of the water supply shortage or other condition for which the article is in effect; or

(B) Will cause undu e hardship on a p rogram or s ervice of fered b y a public entity; or

(C) Substantially threatens the applicant’s primary source of income.

(3) Additionally, t he city c ouncil m ay grant a variance f rom t he requirements of this a rticle if it de termines tha t the a pplicant c an implement a lternative w ater us e restrictions w hich me et or e xceed the int ent of this a rticle. The city council s hall approve specific alternative water use restrictions.

(4) Any variance granted by the city council may be revoked after a determination by t he ci ty council t hat r evocation is ne cessary for t he publ ic he alth and safety o r upon a finding that the holder of a variance allowing alternative water use restrictions has not complied with such alternative restrictions.

Sec. 11.205 Implementation and Enforcement

(a) Implementation:

(1) The water utilities director for the city will act as the administrator of the water conservation drought contingency plan. The administrator will oversee the execution and i mplementation of all e lements of t he pr ogram. H e w ill be r esponsible f or supervising t he promulgation a nd r etention o f a dequate r ecords for pr ogram verification.

(2) The w ater c onservation pl an w ill be m aintained f or t he dur ation of t he c ity’s financial obligation to the state under the State Revolving Loan Fund program.

(b) Contracts W ith Other P olitical S ubdivisions, W ater S upply C orporations or W ater Suppliers: Any pol itical subdivision, water supply corporation, or water supplier that contracts with t he c ity for t he purchase of w ater s hall a dopt a pplicable pr ovisions of t he c ity’s w ater conservation and drought contingency pl an. Contracts for t he s ale of water t hat a re already i n effect w ill be r evised to reflect the a pplicable pr ovisions of the c ity’s mos t c urrent w ater conservation and drought contingency plan when the contracts are renewed.

(c) Enforcement: The water conservation and drought contingency plan will be enforced in the following manner:

(1) Water s ervice ta ps w ill not be pr ovided to customers not me eting the pl an requirements.

(2) The i nclining bl ock w ater r ate s tructure s hould e ncourage r etrofitting of ol d plumbing fixtures which use large quantities of water.

(3) Customers who do not pay their water bills will have service discontinued

(4) The bui lding i nspection de partment w ill n ot c ertify ne w c onstruction w hich fails to meet the plan requirements.

(5) Persons violating the prohibitions of this article will be subject to prosecution in municipal court.

Sec. 11.206 Penalty

It shall be unlawful to violate any of the prohibitions contained in this article. Any person violating such prohibitions shall be guilty of a misdemeanor and upon conviction shall be fined in accordance with the general penalty provision found in Section 1.106 of this code.


City of San Angelo Finance Department



From: Don Maynard, Finance


Contact: Don Maynard, Budget Manager, 481-2757


Discussion of t he 201 1-2012 budget goals, p olicy, and a ll City f unds, including, but not limited to:

a. G eneral F und, Water Fund, Waste Water F und, ot her f unds, and fund balances

b. Consideration of a record vote to propose a property tax rate for FY 2011-2012

Summary: We will continue discussions of the Fiscal Year 2011-2012 Budget. We will continue discussion of General Fund changes proposed during the last City Council meeting and will move forward with discussion of the Water Fund, Waste Water Fund, and other funds as time allows. Part B requires a record vote, in accordance with State law, of a proposed property tax rate if the proposed t ax r ate will r aise m ore funds t han t axes r eceived d uring t he pr evious year. T he increase in funds is due to properties which have been reappraised and new property added to the tax rolls. History: Staff has discussed with Council during June, July, and August 2011 the budget and budget process. Financial Impact: Discussion at the City Council meeting. Related Vision Item (if applicable): Financial Vision. Other Information/Recommendation: Staff recommends a proposed tax rate of $0.8175 for the record vote. This rate allows the City flexibility to adjust the proposed budget and retain the ability to s till reduce the tax rate before adopting a tax rate. City Council will have the ability to adopt a tax rate in September less than what is voted on today. State law does not allow a City to adopt a rate for more than the amount of the record vote. Attachments: N/A Presentation: Yes Publication: Notice of Effective Tax Rate – Published to the internet and the San Angelo

Standard Times (August 1, 2011) Reviewed by Service Area Director: Michael Dane, Finance, July 26, 2011

City of San Angelo






Caption: Presentation an d di scussion r egarding water t reatment al ternatives f or t he H ickory Water Supply Project and any action in connection thereto.

Summary: Carollo Engineers initially identified several treatment options for the Hickory groundwater. Pilot testing was completed on an ion exchange treatment method that utilized a special m edia t o f ilter t he w ater. Additional t reatment o ptions t hat were c onsidered f easible included nano and reverse osmosis membrane filtration of the water. History: The groundwater, without blending with other waters, will require treatment to remove naturally occurring radium from the water. Financial Im pact: Treatment s election will c onsider c apital c onstruction c osts and a nnual O&M expenses. Related Vision Item (if applicable): Long Term Water Supply Other Information/Recommendation: Pilot testing of the ion exchange filter media demonstrated the method was successful for removal of radium from the groundwater. Carollo has been performing preliminary evaluations of reverse osmosis and nano membrane treatment to determine the feasibility of pilot testing these filtration methods. Attachments: None Presentation: Hutch Musallam, Project Manager, Carollo Engineers Reviewed by Service Area Director: Will Wilde, Water Utilities Director, July 26, 2011.

City of San Angelo



From: Clinton Bailey, City Engineer

Subject: Agenda Item for July 19 Council Meeting

Contact: Clinton Bailey


Discussion of s tormwater utility f ee r evenue, bu dget ex penditures a nd pr ogram activities

Summary: This di scussion will f ocus primarily o n s treet s weeping operations including t he overall c ost, equipment and l abor necessary t o p erform t his function. Street sweeping s chedules, effectiveness, and ef ficiency of oper ations will also be discussed.

If it is the preference of the City Council, overall stormwater revenue, expenditures and activities will also be discussed.

History: This item was requested by Councilman Johnny Silvas.

Financial Impact: The s tormwater ut ility f ee is an en terprise f und which ge nerates a pproximately $2.6M annually. The City Council approved annual budget for all activities associated with the City’s Stormwater Management Plan is $2.9M.

Related Vision Item

(if applicable):

Neighborhood, community appearance, infrastructure

Other Information/ Recommendation:

n/a

Attachments: None

Presentation: City Staff

Publication: n/a

Reviewed by Director:

Shawn Lewis, July 15, 2011

Approved by Legal: n/a

city council august 2, 2011 agenda packet

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