June 19, 2012 Agenda packet

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, June 19, 2012
McNease Convention Center, South Meeting Room
500 Rio Concho Drive

THE MCNEASE CONVENTION CENTER IS ACCESSIBLE TO PERSONS WITH DISABILITIES.
ACCESSIBLE ENTRIES AND SPECIALLY MARKED PARKING SPACES ARE AVAILABLE AT BOTH
MAIN ENTRANCES AT SURBER DRIVE AND RIO CONCHO DRIVE. IF ADDITIONAL ASSISTANCE
IS NEEDED TO OBSERVE OR COMMENT, PLEASE NOTIFY THE OFFICE OF THE CITY CLERK,
ROOM 202, CITY HALL, 657-4405, AT LEAST 24 HOURS PRIOR TO THE MEETING.

City Council meetings are broadcast on Channel 17-Government Access at 10:30 A.M. and 7:00 P.M. every
day for two weeks beginning on the Thursday after each meeting.

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

I. OPEN SESSION (9:00 A.M.)
A. Call to Order
B. Prayer and Pledge
"Honor the Texas flag; I pledge allegiance to thee, Texas, one state under God, one and indivisible.”
C. 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 June 5, 2012 City Council Regular meeting minutes
2. Consideration of awarding bid WU-07-12 for East Angelo Draw Sewer Line to Price Construction, Ltd.
(Big Spring, TX) not to exceed an amount of $2,306,430.00 and authorizing the Interim City Manager to
execute said contract and any related documents.
3. Consideration of authorizing the sale of the following residential properties for the appraised value
and authorizing the Mayor, City Manager, or Water Utilities Director to execute all necessary legal
documents pertaining to the sale of subject properties, subject to completion of all curative
requirements.
a. 2666 Kings Road (Cunningham), Lot 51, Group Fishermans Road, $99,716.00
b. 2570 Sleepy Hollow Road (Nobles), Lot 27, Group Fishermans Road, $90,946.00
c. 1607 Turtle Drive (Young), Lot 28, Group Shady Point, $25,034.00
4. Consideration of approving a residential lease renewal at Lot 21, Group Lincoln Park (Daniel), 6402
Lincoln Park Road West, and authorizing the Water Utilities Director to execute the same
5. Consideration of adopting a Resolution approving the Parks & Recreation Department Outdoor Public
Art Display Program and authorizing the Parks & Recreation Director to administer the program
6. Consideration of adopting a Resolution affirming the City of San Angelo’s cooperation with the
Steering Committee of Cities served by AEP TNC to review AEP Texas North Company’s requested
City Council Agenda Page 1 of 3 June 19, 2012

approval of an adjustment to its Energy Efficiency Cost Recovery Factor, hiring legal and consulting
services to negotiate with the Company and direct any necessary litigation and appeals, finding that
the meeting at which this Resolution is passed is open to the Public as required by law, requiring
notice of this Resolution to legal counsel
7. Consideration of adopting a Resolution authorizing the City Manager or his designee to negotiate and
execute an Interlocal Contract with National Joint Powers Alliance (NJPA) providing for a
cooperative purchasing program for goods and services, and designating the City Manager as official
representative of the city relating to the contract
8. Consideration of authorizing the notice to proceed to Gajeske, Inc. (RFP WU-02-12, Lake Pumping
System) for the pumping of water from the South Pool of Twin Buttes Reservoir to the North Pool
9. Consideration of adopting a Resolution implementing Drought Level II of the City’s Water
Conservation And Drought Contingency Plan
10. Consideration of adopting a Resolution authorizing the City Manager or his designee to execute a
temporary nonexclusive license agreement for awning with Susan Daniel d/b/a The Black Swan for
constructing and maintaining an awning on the east side of 118 South Chadbourne street and such
other instruments as may be necessary or convenient for carrying out such purposes; and, finding a
public purpose and benefit therein
11. Second Hearing and consideration of adoption of an Ordinance authorizing abandonment of public right-
of way in College Hills West, Section 6, Block 4 in southern San Angelo,
AN ORDINANCE PROVIDING FOR THE ABANDONMENT AND CLOSING OF THE
FOLLOWING STREET SEGMENT, TO WIT: An approximately 15.64’ x 32’ portion of alley
running east to west, parallel to Honeysuckle Lane in the College Hills West Addition, Section 6,
Block 4, and immediately south of Lot 24 in southern San Angelo; AUTHORIZING THE
CONVEYANCE THEREOF TO THE ABUTTING PROPERTY OWNERS; PROVIDING FOR THE
TERMS AND CONDITIONS OF ABANDONMENT AND CONVEYANCE; AND PROVIDING
FOR THE MAYOR TO EXECUTE AND DELIVER A QUIT CLAIM DEED TO THE ABUTTING
PROPERTY OWNERS
12. Second Hearing and consideration of adoption of an Ordinance amending Chapter 2, Section 2.129
regarding travel reimbursement for City Council and aligning with the recently approved Employee
Expense Policy
AN ORDINANCE AMENDING CHAPTER 2 ENTITLED “ADMINISTRATION”, ARTICLE 2.100
ENTITLED “CITY COUNCIL”, SECTION 2.129 ENTITLED “TRAVEL EXPENSES AND
REIMBURSEMENTS”, BY AMENDING SUBSECTION (A) REGARDING TRAVEL
SETTLEMENTS FOR ANY COUNCILMEMBER, OF THE SAN ANGELO CODE OF
ORDINANCES; PROVIDING FOR SEVERABILITY, AND PROVIDING FOR AN EFFECTIVE
DATE
III. REGULAR AGENDA:
F. EXECUTIVE/CLOSED SESSION
Executive Session under the provision of Government Code, Title 5. Open Government; Ethics, Subtitle
A. Open Government, Chapter 551. Open Meetings, Subchapter D. Exceptions to Requirement that
Meetings be Open, Section 551.071 to consult with attorney
Meetings be Open, Section 551.072 to deliberate the purchase, exchange, lease, or value of real property
Meetings be Open, Section 551.087 to discuss an offer of financial or other incentive to a company or
companies with whom the City of San Angelo is conducting economic development negotiations and


which the City of San Angelo seeks to have, locate, stay or expand in San Angelo
G. PUBLIC HEARING AND COMMENT
13. First public hearing and introduction of an Ordinance amending Article 8 of the City of San Angelo
Code of Ordinances, and adopting Article 8.100 related to prohibiting the parking of vehicles on
unimproved surfaces in certain situations and in residential districts
AN ORDINANCE AMENDING CHAPTER 8 (OFFENSES AND NUISANCES) BY ADDING A
NEW ARTICLE 8.1000 PROHIBITING PARKING OF VEHICLES ON UNIMPROVED
SURFACES, IN CERTAIN SITUATIONS AND IN RESIDENTIAL DISTRICTS OF SAN
ANGELO; PROVIDING FOR SEVERABILITY; PROVIDING A PENALTY AND PROVIDING
AN EFFECTIVE DATE
(Presentation by Planning Manager AJ Fawver)
14. Public Hearing to allow citizen input on requested projects to be considered for funding with Grant
Year 2012 Community Development Block Grant and HOME Investment Partnerships Grant funds
from the U.S. Department of Housing and Urban Development and discussion and deliberation on
funding allocations for said funds
(Presentation by Neighborhood and Family Services Director Robert Salas)
15. Presentation of a proposal from Action Baseball Academy for a lease license agreement to operate a
baseball instruction facility within an area of Ben Ficklin Park and authorizing staff to negotiate said
agreement
(Presentation by Parks and Recreation Director Carl White)
16. Presentation of a proposal for naming rights agreement for the Municipal Pool and authorizing
Citywise Marketing, LLC, Agent for the City of San Angelo to negotiate said agreement
(Presentation by Parks and Recreation Director Carl White and Citywise Marketing, LLC, Agent
Stephen McLaughlin)
17. Consideration of approving adjusted rental rates for the large and north meeting rooms, and kitchen
use fees at the McNease Convention Center
(Presentation by Civic Events Manager Anthony Wilson)
18. Consideration of approving a new rental rate structure for Pecan Creek Pavilion and designating the
resulting increased revenues for capital improvements at the facility
(Presentation by Civic Events Manager Anthony Wilson)
19. Discussion and consideration of matters related to the FY 2012-2013 Budget
(Presentation by Budget Manager Morgan Trainer)
H. FOLLOW UP AND ADMINISTRATIVE ISSUES
20. Consideration of matters discussed in Executive/Session, if needed
21. Announcements and consideration of Future Agenda Items
a. Consideration of Cancellation of Regular meeting on July 3, 2012
22. Adjournment
Given by order of the City Council and posted in accordance with Title 5, Texas Government Code, Chapter
551, Wednesday, June 13, 2012, at 5:00 P.M.

/x/________________________
Alicia Ramirez, City Clerk


CITY COUNCIL MINUTE RECORD
The City of San Angelo Page 511
Tuesday, June 5, 2012 Vol. 103

OPEN SESSION

BE IT REMEMBERED City Council convened in a regular meeting at 9:14 A.M., Tuesday, June 5, 2012, in
the San Angelo McNease Convention Center, 500 Rio Concho Drive, San Angelo, Texas. All duly authorized
members of the Council, to-wit:

Mayor, Alvin New
Councilmember Paul Alexander
Councilmember Dwain Morrison
Councilmember Johnny Silvas
Councilmember Fredd B. Adams, II
Councilmember Kendall Hirschfeld
Councilmember Charlotte Farmer
were present and acting, with the exception of Councilmembers Alexander and Adams, thus constituting a
quorum. Whereupon, the following business was transacted:
An invocation was given by Bishop Michael Pfiefer, OMI, and pledge was led by Megan and Derek Dunn,
daughter and son of Fire Chief Brian and Finance Administrative Assistant Becky Dunn.

PROCLAMATION
“Day of Prayer of Thanksgiving to our God for the Recent Rains", June 10, 2012, to be accepted by Bishop
Michael D. Pfeifer, OMI
PUBLIC COMMENT
No one came forward to comment publicly.
CONSENT AGENDA

APPROVAL OF THE MAY 15, 2012 AND MAY 22, 2012 CITY COUNCIL REGULAR AND SPECIAL
MEETING MINUTES, RESPECTIVELY
AWARD OF BID WU-04-12 FOR WATER RECLAMATION POLYMER TO ASHLAND, INC.
(COVINGTON, KY) IN THE AMOUNT OF $150,150.00 AND AUTHORIZATION FOR THE INTERIM
CITY MANAGER OR HIS DESIGNEE TO EXECUTE ANY NECESSARY RELATED DOCUMENTS
ADOPTION OF RESOLUTIONS AUTHORIZING THE MAYOR TO EXECUTE TAX DEEDS FOR THE
SALE OF TAX LOTS:
630 E 35th Street, (Graciano), Lot 15, Block 2, Goren Addition, $1,300, Suit No. B-04-0043-T (ANNEX A,
PAGE 519, RESOLUTION #2012-06-069)
737 San Jacinto Street, (Espinoza), Lot 9, Block 4, Ben Ficklin Addition #2, $1,300, Suit No. B-07-0042-T
(ANNEX B, PAGE 521, RESOLUTION #2012-06-070)
2502 Waco Street, (Perales), Lot 12, Block 61, Hatcher Addition, $3,388, Suit No. B-05-0152-T (ANNEX
C, PAGE 523, RESOLUTION #2012-06-071)
219 W Avenue W, (Rangel), E 60’ of W 604’ of Block 3, Fort Concho Vista Addition, $1,400, B-06-0124-T
(ANNEX D, PAGE 525, RESOLUTION #2012-06-072)

Minutes
Vol. 103 June 5, 2012

ADOPTION OF A RESOLUTION AUTHORIZING THE MAYOR TO EXECUTE A TAX DEED
AUTHORIZING SALE OF TAX LOT UNDER THE URBAN REDEVELOPMENT PROGRAM
LOCATED AT 601 ANTONIO STREET, (LOGAN ENTERPRISES, INC), LOT 9, BLOCK 4, ARROYA
ADDITION, URBAN REDEVELOPMENT PROGRAM, SUIT NO. B-07-0118-T (ANNEX E, PAGE 527,
RESOLUTION #2012-06-073)
APPROVAL OF A RESIDENTIAL LEASE RENEWAL, AT LOT 18, GROUP RED BLUFF, 2810 RED
BLUFF ROAD (BENETICH); AND AUTHORIZATION FOR THE WATER UTILITIES DIRECTOR TO
EXECUTE THE SAME
ADOPTION OF A RESOLUTION AUTHORIZING THE INTERIM CITY MANAGER OR HIS
DESIGNEE TO EXECUTE A TEMPORARY NONEXCLUSIVE SIDEWALK USE LICENSE
AGREEMENT WITH BOBBY AND KAREN EGGEMEYER FOR CONSTRUCTING AND
MAINTAINING AN AWNING AT THE SOUTHWEST QUADRANT OF THE INTERSECTION OF
SOUTH OAKS STREET WITH EAST CONCHO AVENUE, AND SUCH OTHER INSTRUMENTS AS
MAY BE NECESSARY OR CONVENIENT FOR CARRYING OUT SUCH PURPOSES; AND, FINDING
A PUBLIC PURPOSE AND BENEFIT THEREIN (ANNEX F, PAGE 529, RESOLUTION #2012-06-074)
ADOPTION OF A RESOLUTION RATIFYING THE TEXAS DEPARTMENT OF STATE HEALTH
SERVICES PUBLIC HEALTH EMERGENCY PREPAREDNESS (PHEP) GRANT CONTRACT
AMENDMENT TO EXTEND THE CONTRACT END DATE TO ALIGN WITH THE STATE FISCAL
YEAR, EXTEND THE EQUIPMENT PURCHASE DEADLINE DATE, ADD ADDITIONAL FUNDS IN
THE AMOUNT OF $6,501.00, AND REALLOCATE FUNDS TO REFLECT ACTUAL EXPENDITURES
(ANNEX G, PAGE 531, RESOLUTION #2012-06-075)
SECOND HEARING AND CONSIDERATION OF ADOPTION OF AN ORDINANCE AMENDING BED
& BREAKFAST REGULATIONS CATALOG
AN ORDINANCE OF THE CITY OF SAN ANGELO, TEXAS, AMENDING CHAPTER 12, EXHIBIT A
“ZONING ORDINANCE”, ARTICLE 4 “SPECIFIC USE STANDARDS”, BY AMENDING SECTION 406
“BED AND BREAKFAST ESTABLISHMENTS”, TO PROVIDE SPECIFIC USE STANDARDS FOR
BED AND BREAKFAST APPLICABLE IN ALL ZONING DISTRICTS, AND ADDITIONAL SPECIFIC
USE STANDARDS APPLICABLE IN RESIDENTIAL ZONE DISTRICTS; AMENDING ARTICLE 3
“USE REGULATIONS”, SECTION 309 “USE TABLE”, BY RESTATING THAT PART OF THE USE
TABLE DESIGNATED “COMMERCIAL”, “BED & BREAKFAST”, CONSISTENT WITH THE
AMENDMENT OF SECTION 406; PROVIDING FOR SEVERABILITY; PROVIDING COMPLIANCE
WITH THE TEXAS OPEN MEETINGS ACT; AND, PROVIDING FOR AN EFFECTIVE DATE
Councilmember Farmer requested further clarification on the second hearing of the Bed and Breakfast
Ordinance. Council concurred.

Motion, to approve the Consent Agenda, with the exception of the second hearing of the Bed and Breakfast
Ordinance, as presented, was made by and seconded by. Motion carried unanimously.

REGULAR AGENDA: PUBLIC HEARING AND COMMENT

SECOND HEARING AND ADOPTION OF AN ORDINANCE AMENDING BED & BREAKFAST
REGULATIONS CATALOG (ANNEX H, PAGE 533, ORDINANCE #2012-06-076)
AN ORDINANCE OF THE CITY OF SAN ANGELO, TEXAS, AMENDING CHAPTER 12, EXHIBIT A
“ZONING ORDINANCE”, ARTICLE 4 “SPECIFIC USE STANDARDS”, BY AMENDING SECTION 406
“BED AND BREAKFAST ESTABLISHMENTS”, TO PROVIDE SPECIFIC USE STANDARDS FOR BED
AND BREAKFAST APPLICABLE IN ALL ZONING DISTRICTS, AND ADDITIONAL SPECIFIC USE
STANDARDS APPLICABLE IN RESIDENTIAL ZONE DISTRICTS; AMENDING ARTICLE 3 “USE

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June 5, 2012 Vol. 103

REGULATIONS”, SECTION 309 “USE TABLE”, BY RESTATING THAT PART OF THE USE TABLE
DESIGNATED “COMMERCIAL”, “BED & BREAKFAST”, CONSISTENT WITH THE AMENDMENT OF
SECTION 406; PROVIDING FOR SEVERABILITY; PROVIDING COMPLIANCE WITH THE TEXAS
OPEN MEETINGS ACT; AND, PROVIDING FOR AN EFFECTIVE DATE
Planning Manager AJ Fawver presented background information.
General discussion was held on, type, placement, and size of signage for such establishments. Ms. Fawver
clarified the ordinance stipulated and outlined the necessary signage requirements.
Motion, to adopt the Ordinance, as presented, was made by Councilmember Farmer and seconded by
Councilmember Hirschfeld. Motion carried unanimously.
FIRST PUBLIC HEARING AND INTRODUCTION OF AN ORDINANCE AUTHORIZING
ABANDONMENT OF PUBLIC RIGHT-OF-WAY IN THE MAINTOWN ADDITION, BLOCK 7 IN
DOWNTOWN SAN ANGELO
AN ORDINANCE PROVIDING FOR THE ABANDONMENT AND CLOSING OF THE FOLLOWING
STREET SEGMENT, TO WIT: An approximately 20’ wide x 130’ long portion of alley running east to west,
and perpendicular to S. Chadbourne Street in the Maintown Addition, Block 7, and immediately north of Lot 20
in downtown San Angelo; AUTHORIZING THE CONVEYANCE THEREOF TO THE ABUTTING
PROPERTY OWNERS; PROVIDING FOR THE TERMS AND CONDITIONS OF ABANDONMENT AND
CONVEYANCE; AND PROVIDING FOR THE MAYOR TO EXECUTE AND DELIVER A QUIT CLAIM
DEED TO THE ABUTTING PROPERTY OWNERS
Planning Manager AJ Fawver presented background information. She reviewed the changes to the ordinance
since publication of the introduction of this ordinance, specifically the location and size of the enclosed fenced
area as recommended by staff.
Chief Dunn advised against parking a truck in this limited area, however, he noted the space will allow
sufficient room to maneuver staff and equipment.
General discussion was held on the misaligned north to south alley. Councilmember Hirschfeld suggested
‘shaving off’ a portion of the proposed abandonment, thereby allowing the abandoned area to follow the
existing raised curved on the north side of the alley. Council concurred.
Councilmember Farmer questioned the ownership of the property and staff confirmed the ownership.
Motion, to introduce the Ordinance, as amended, was made by Councilmember Silvas.
Mayor suggested staff provide further clarity on size of the abandonment, confirm the recommended changes
with the proponent, verify the ownership of the property, and present their findings at a future meeting. Council
concurred. Councilmember Silvas withdrew his motion.
FIRST PUBLIC HEARING AND INTRODUCTION OF AN ORDINANCE AUTHORIZING
ABANDONMENT OF PUBLIC RIGHT-OF-WAY IN COLLEGE HILLS WEST, SECTION 6, BLOCK 4 IN
SOUTHERN SAN ANGELO,
AN ORDINANCE PROVIDING FOR THE ABANDONMENT AND CLOSING OF THE FOLLOWING
STREET SEGMENT, TO WIT: An approximately 15.64’ x 32’ portion of alley running east to west, parallel to
Honeysuckle Lane in the College Hills West Addition, Section 6, Block 4, and immediately south of Lot 24 in
southern San Angelo; AUTHORIZING THE CONVEYANCE THEREOF TO THE ABUTTING PROPERTY
OWNERS; PROVIDING FOR THE TERMS AND CONDITIONS OF ABANDONMENT AND
CONVEYANCE; AND PROVIDING FOR THE MAYOR TO EXECUTE AND DELIVER A QUIT CLAIM
DEED TO THE ABUTTING PROPERTY OWNERS
Planning Manager AJ Fawver presented background information. A copy of the presentation is part of the
Permanent Supplemental Minute record.

Minutes
Vol. 103 June 5, 2012

General discussion was held on the difference between abandonment and property transfer, utilities located
within the abandonment, responsibility of the private property owner and utilities to agree to move those
utilities,
Motion, to introduce the Ordinance, as presented, was made by Councilmember Morrison and seconded by
Mayor New.
Public comment was made by proponent’s Realtor David Aycock.
A vote was taken on the motion on the floor. AYE: New, Alexander, Morrison, Silvas, Adams, and Hirschfeld.
NAY: Farmer. Motion carried 4-1.
APPROVAL OF MATTERS RELATED TO THE CONSTRUCTION OF NEW LIVESTOCK BUILDING:
ADOPTION OF RESOLUTION AUTHORIZING THE INTERIM CITY MANAGER OR HIS DESIGNEE
TO EXERCISE CITY’S TERMINATION RIGHTS UNDER THE CONTRACT FOR CONSTRUCTION OF
NEW LIVESTOCK BUILDING FOR THE SAN ANGELO STOCK SHOW & RODEO ASSOCIATION
BETWEEN CITY AND R. M. FORD CONSTRUCTION, INC. AND THEREBY PROVIDE NOTICE OF
TERMINATION TO CONTRACTOR AND TAKE OTHER SUCH ACTION AS REQUIRED OR
NECESSARY (ANNEX I, PAGE 535, RESOLUTION #2012-06-077)
AUTHORIZATION FOR STAFF TO REDEVELOP AND RE-ISSUE A REQUEST FOR BIDS FOR THE
CONSTRUCTION OF A NEW LIVESTOCK BUILDING AT THE SAN ANGELO FAIRGROUNDS
Civic Events Manager Anthony Wilson presented background information.
General discussion was held on the bid performance bond,
Motion, to adopt the Resolution, as presented, was made by Councilmember Morrison and seconded by
Motion, to authorize staff to proceed, as presented, was made by Councilmember Morrison and seconded by
RECESS

At 10:15 A.M., Mayor New called a recess.

RECONVENE

At 10:33 A.M., Council reconvened, and the following business was transacted:
TABLING OF A FIRST AMENDED AGREEMENT BETWEEN THE CITY OF SAN ANGELO AND TWO
PRO MANAGEMENT FOR MANAGEMENT AND OPERATION OF THE SANTA FE GOLF COURSE
Parks and Recreation Director Carl White presented background information. A copy of the presentation is part
of the Permanent Supplemental Minute record.
General discussion was held on the additional terms to keep the grounds watered, adhering to the restrictions
under the Water Conservation Plan, funding costs prior to Two Pros management, the golf course as an
enterprise fund department and the contractual terms to increase the subsidy by the City, the initial contract
negotiated to establish a diminishing subsidy, benchmarks within the contract, reviewing the contract on an
annual basis, the continuous challenge to operate the golf course, the request for a detailed year to date expenses
and revenue budget report. Council suggested staff consider and renegotiate the contract language in Section
7.1 a, b, c, to possibly reduce the subsidy.
In conclusion, Council suggested tabling the item until all information could be provided.

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June 5, 2012 Vol. 103

DISCUSSION AND APPROVAL OF MATTERS RELATED TO THE LANDFILL AND RELATED ITEMS:
· DIRECTION TO STAFF REGARDING RATES FOR RESIDENTIAL GARBAGE COLLECTION,
COMMERCIAL GARBAGE COLLECTION, AND LANDFILL GATE FEES
Interim City Manager Michael Dane presented background information. A copy of the presentation is part of
the Permanent Supplemental Minute record. He suggested increasing residential and commercial fees in an
amount commensurate with the increased fees to the landfill.
General discussion was held on the amount of the proposed rate increases and implementing the increases in
increments versus one large increase. Mr. Dane stated further discussions will be held on how to collect and
implement the rates.
In conclusion, Council directed staff to present an incremental plan setting the first year at $6.32 and providing
phased in rates until the necessary adjusted rates, as presented, are met.
· AUTHORIZATION OF A PILOT PROGRAM UTILIZING ROLLOUT CARTS FOR TRASH
COLLECTION
Republic Services Municipal Services Manager Robert Searls, Sr. Area Municipal Services Manager Reid
Donaldson, Division Controller Brittany Reichenau, and Area Sales Manager Stephen Mohan. A copy of the
presentation is part of the Permanent Supplemental Minute record.
General discussion was held on providing the pilot program within each of the single member districts, program
details, sample brochures, safety and risk factors, full participation by all residents, the understanding that the
program must be inline and comply as outline in the Code of Ordinance language, and selecting challenging
areas for the service.
Motion, to approve the pilot program, as presented, was made by Councilmember Farmer and seconded by
Councilmember Silvas. Motion carried unanimously.
· APPROVAL FOR IN-KIND SUPPORT FOR KEEP SAN ANGELO BEAUTIFUL TO PERFORM THE
GREAT AMERICAN CLEANUP ON JUNE 16TH, 2012 AT THE SAN ANGELO COLISEUM
Code Compliance Manager James Flores presented background information.
Motion, to approve the in-kind support, as presented, was made by Councilmember Hirschfeld and seconded by
Councilmember Silvas. Motion carried unanimously.
General discussion was held on the operating hours of the event.
· DIRECTION TO STAFF ON FUTURE COMBINED CITY CLEANUP EFFORTS
Interim City Manager Michael Dane presented background information. He informed by combining these
efforts, the City could provide and gain better efficiencies, as well as further maximize the per dollar expended.
In consensus, Council directed staff to approach the groups and coordinate all the efforts into one large event.
RECESS
At 12:05 P.M., Mayor New called a recess.
EXECUTIVE/CLOSED SESSION
At 12:28 P.M., Council convened in Executive Session under the provision of Government Code, Title 5. Open
Government; Ethics, Subtitle A. Open Government, Chapter 551. Open Meetings, Subchapter D. Exceptions to
Requirement that Meetings be Open, Section 551.071 to consult with attorney; Section 551.074 (1) to deliberate
the appointment, employment, evaluation, reassignment, duties, discipline, or dismissal of a public officer or
employee; Section 551.072 to deliberate the purchase, exchange, lease, or value of real property; and Section

Minutes
Vol. 103 June 5, 2012

551.087 to discuss an offer of financial or other incentive to a company or companies with whom the City of
San Angelo is conducting economic development negotiations and which the City of San Angelo seeks to have,
locate, stay or expand in San Angelo.
OPEN SESSION (continued)
At 1:50 P.M. City Council concluded the Executive/Closed Session whereupon the following business was
transacted:
RECESS
At 1:50 P.M., Mayor New called a recess.
RECONVENE
At 1:53 P.M., Council reconvened, and the following business was transacted:

APPROVAL OF MATTERS RELATED TO THE ECONOMIC DEVELOPMENT ADMINISTRATION
(EDA) GRANT:
· AUTHORIZATION FOR THE SAN ANGELO FIRE DEPARTMENT TO APPLY FOR AN ECONOMIC
DEVELOPMENT ADMINISTRATION (EDA) GRANT IN THE AMOUNT UP TO $1.5 MILLION FOR
THE CONSTRUCTION OF A NEW FIRE TRAINING CENTER LOCATED BEHIND 3142 HIGHWAY
67 NORTH;
· AUTHORIZATION FOR AN EQUAL MATCH OF FUNDS TO BE DEDICATED FROM THE
GENERAL FUND RESERVES IN THE AMOUNT OF $1.5 MILLION;
· AUTHORIZATION FOR REIMBURSEMENT FOR SAID MATCHING FUNDS FROM THE
EMERGENCY MEDICAL SERVICES FEES;
· ACCEPTANCE OF SAID EDA GRANT AWARD BY THE CITY, IF APPROVED; AND,
· AUTHORIZATION FOR THE INTERIM CITY MANAGER TO EXECUTE ALL DOCUMENTS
RELATED TO SAID GRANT
Fire Chief Brian Dunn presented background information.
Motion, to authorize the matters related to the EDA Grant, as presented, was made by Councilmember Morrison
and seconded by Councilmember Hirschfeld.
General discussion was held on the partnerships to achieve this effort and current fund balance of $6.5M.
A vote was taken on the motion on the floor. Motion carried unanimously.
FIRST PUBLIC HEARING AND INTRODUCTION OF AN ORDINANCE AMENDING CHAPTER 2,
SECTION 2.129 REGARDING TRAVEL REIMBURSEMENT FOR CITY COUNCIL AND ALIGNING
WITH THE RECENTLY APPROVED EMPLOYEE EXPENSE POLICY
AN ORDINANCE AMENDING CHAPTER 2 ENTITLED “ADMINISTRATION”, ARTICLE 2.100
ENTITLED “CITY COUNCIL”, SECTION 2.129 ENTITLED “TRAVEL EXPENSES AND
REIMBURSEMENTS”, BY AMENDING SUBSECTION (A) REGARDING TRAVEL SETTLEMENTS
FOR ANY COUNCILMEMBER, OF THE SAN ANGELO CODE OF ORDINANCES; PROVIDING FOR
SEVERABILITY, AND PROVIDING FOR AN EFFECTIVE DATE
Interim City Manager Michael Dane presented background information and advised the ordinance pertains to
specific reimbursement requests not currently covered under the existing policy.
Motion, to introduce the Ordinance, as presented, was made by Councilmember Hirschfeld and seconded by
Councilmember Morrison.
Responding to a question whether the travel settlements would be presented to City Council as an agenda item,

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June 5, 2012 Vol. 103

Mr. Dane confirmed the item would be addressed on a City Council agenda.
A vote was taken on the motion on the floor. Motion carried unanimously.

FOLLOW UP AND ADMINISTRATIVE ISSUES
CONSIDERATION OF MATTERS DISCUSSED IN EXECUTIVE/CLOSED SESSION
APPROVAL BY CITY COUNCIL TO DIRECT STAFF TO DEVELOP A REQUEST FOR PROPOSAL FOR
A LEASE OF PROPERTY LOCATED AT 8926 HANGAR ROAD
Mayor New informed the issue was now open for public comment and reminded the public the item under
consideration is to discuss and approve the proposal for a lease of property located at 8926 Hangar Road.
Public comments were made by Airport Advisory Board Chairman Charlie Powell, Citizen Dale Bates (He
distributed a petition dated August 1, 2011 to the Council. A copy of the presentation is part of the Permanent
Supplemental Minute record.), Skyline Aviation Owner Dave Gossett, David Barry, Jimmy Bennett, John David
Field (He distributed a letter by former Airport Director Arb Rylant. A copy of the report/presentation is part
of the Permanent Supplemental Record.), James Sanders, and Dave Girfer.
Mayor New closed the public comment period.
Motion, to direct staff to negotiate a new lease with Skyline Aviation, was made by Councilmember Morrison
and seconded by Councilmember Silvas.
A vote was taken on the motion on the floor. AYE: New, Alexander, Morrison, Silvas, Adams, and Hirschfeld.
NAY: Farmer. Motion carried 4-1.
CONSIDERATION OF FUTURE AGENDA ITEMS
Interim City Manager Michael Dane distributed the proposed June 19, 2012 Agenda and solicited Council
comments and suggestions.
Councilmember Hirschfeld commented on the need for work sessions in order to discuss, seek, and instruct staff
on specific directives and changes as specified by City Council. City Clerk Alicia Ramirez informed a work
session is an approved agenda category under the current Rules of Procedure to conduct City Council Meetings.
General discussion was held the session and whether such posed the need for additional meetings.
ADJOURNMENT
Motion, to adjourn, was made by Councilmember Morrison and seconded by Councilmember Hirschfeld.
Motion carried unanimously.
The meeting adjourned at 3:10 P.M.

THE CITY OF SAN ANGELO

___________________________________
Alvin New, Mayor
ATTEST:

_______________________________

Annexes A-I

Minutes
Vol. 103 June 5, 2012

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

City of San Angelo

Memo
Date: June 1, 2012

To: Mayor and Councilmembers

From: Will Wilde, Water Utilities Director

Subject: Agenda Item for June 19, 2012 Council Meeting

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

Caption: Consideration of awarding bid WU-07-12 for the East Angelo Draw Sewer Line to Price
Construction, Ltd. not to exceed an amount of $2,306,430, authorizing staff to
negotiate a contract, and authorizing the Interim City Manager, Water Utilities Director,
or Interim City Manager Designee to execute said contract and any related documents.

Summary: Bids have been received from 3 contractors for the construction of the East
Angelo Draw Sewer Line including rehabilitation of sewer lines in Sulphur Draw from Madison at
Algerita to Monroe St. west and Ave. J south. The three contractors are Housley
Communications, Inc., Price Construction, Ltd. and Roberts Construction Co. Low bid for the
project was submitted by Price Construction, Ltd. in the amount of $2,306,430 and the bid had
no exceptions to the specifications.

History: East Angelo Draw (1960’s) and Sulphur Draw (1930’s and 1950’s) sewer lines are
identified in the Wastewater Master Plan for replacement and expansion based on age, condition
and demand growth.

Financial Impact: Bid amount $2,306,430 funded by the Wastewater Capital Improvements
Program funds.

Related Vision Item (if applicable): Capital Improvements Program and Wastewater Master
Plan.

Other Information/Recommendation: The project will consist of the installation of approximately
9,500 feet of new sewer mains from 6 inch in size to 18 inch; rehabilitation of approximately 3,600 feet
of sewer mains using Cured In Place Pipe (CIPP) lining technology, 38 new manholes, 1 fiberglass
vault, bypass pumping and all other materials and labor required for a fully new and complete
installation. Notice To Proceed is scheduled for July and completion of the Sulphur Draw portion is
projected by December of this year. The East Angelo Draw sewer completion date is projected for
July 2013. It is recommended the bid be accepted from Price Construction, Ltd. (Big Spring, Texas)
and the Interim City Manager, Water Utilities Director or Interim City Manager Designee be authorized
to negotiate and execute a contract and any related documents.

Attachments: Bid Tabulation

Reviewed by Service Area Director: Will Wilde, Water Utilities Director, June 1, 2012.

CITY OF SAN ANGELO
Bid Tabulaltion
RFB NO: WU-07-12/East Angelo Draw Sewer LIne * May 31, 2012

Housley Comm. Inc. Price Const., Ltd. Roberts Constr. Co. V endor

Units
Est. Extended
Item

Description
Qty Unit Price Extended Price Unit Price Extended Price Unit Price Extended Price Unit Price Price
24” PS 46 PVC PIPE OPEN CUT INCL.
1 40 LF $ 212.94 $ 8,517.60 $ 136.00 $ 5,440.00 $ 357.00 $ 14,280.00 $ - $ -
BYPASS PUMP SYSTEM
18" PS 46 PVC PIPE OPEN CUT INCL.
2 BYPASS PUMP SYSTEM (EAST 6,830 LF 167.48 1,143,888.40 123.00 840,090.00 128.50 877,655.00 - 0.00
ANGELO DRAW)
18" PS 46 PVC PIPE OPEN CUT INCL.
3 BYPASS PUMP SYSTEM (SULPHUR 244 LF 167.38 40,840.72 765.00 186,660.00 307.00 74,908.00 - 0.00
DRAW) 35 PVC PIPE OPEN CUT INCL.
12" SDR
4 2,050 LF 147.09 301,534.50 108.00 221,400.00 106.30 217,915.00 - 0.00
BYPASS PUMP SYSTEM
10" SDR 35 PVC PIPE OPEN CUT INCL.
5 40 LF 143.71 5,748.40 103.00 4,120.00 133.00 5,320.00 - 0.00
BYPASS PUMP SYSTEM
6 200 LF 138.09 27,618.00 82.00 16,400.00 89.00 17,800.00 - 0.00
BYPASS PUMP SYSTEM
7 148 LF 135.37 20,034.76 82.00 12,136.00 76.00 11,248.00 - 0.00
BYPASS PUMP SYSTEM
CLEAN & CCTV INSPECT 20” GRAVITY
8 583 LF 28.82 16,802.06 12.00 6,996.00 45.00 26,235.00 - 0.00
SEWER MAIN (EAST ANGELO DRAW)
20” CIPP INSTALLATION INCL. BYPASS
9 583 LF 227.25 132,486.75 153.00 89,199.00 130.00 75,790.00 - 0.00
PUMP SYSTEM (EAST ANGELO DRAW)
10 SEWER MAIN (SULPHUR DRAW LINES 1,132 LF 7.25 8,207.00 5.50 6,226.00 32.00 36,224.00 - 0.00

12” CIPP INSTALLATIONO PIPE&
O or C
11 1,132 LS 177.25 200,647.00 53.00 59,996.00 79.00 89,428.00 - 0.00
BURSTING INCL. BYPASS PUMP SYS
12 SEWER MAIN (SULPHUR DRAW LINES 596 LF 7.25 4,321.00 5.00 2,980.00 31.00 18,476.00 - 0.00
MH E TO MH F & MH E or CLEAN
8” CIPP INSTALLATION TO PIPE
13 BURSTING INCL. BYPASS PUMP SYS. 596 LF 168.50 100,426.00 41.00 24,436.00 85.00 50,660.00 - 0.00
(S S O
14 SEWER MAIN (SULPHUR DRAW LINE 589 LF 7.25 4,270.25 8.00 4,712.00 31.00 18,259.00 - 0.00
MH I TOINSTALLATION INCL. BYPASS
8” CIPP MH D)
15 PUMP SYSTEM (SULPHUR DRAW LINE 589 LF 168.50 99,246.50 41.00 24,149.00 70.00 41,230.00 - 0.00
MH I TO MH D) INSPECT 6” GRAVITY
CLEAN & CCTV
16 SEWER MAIN (SULPHUR DRAW LINES 517 LF 7.25 3,748.25 5.00 2,585.00 31.00 16,027.00 - 0.00

6” CIPP INSTALLATION or PIPE )
O & O
17 BURSTING INCL. BYPASS PUMP 517 LF 168.50 87,114.50 47.00 24,299.00 70.00 36,190.00 - 0.00
SYSTEM (SULPHUR DRAW LINES MH J
18 SEWER MAIN (SULPHUR DRAW LINES 191 LF 7.25 1,384.75 5.00 955.00 33.00 6,303.00 - 0.00
MH I TOINSTALLATION INCL. BYPASS
6” CIPP FIRST BEND SOUTH & MH K
19 PUMP SYSTEM (SULPHUR DRAW 191 LF 214.75 41,017.25 45.00 8,595.00 116.00 22,156.00 - 0.00

RE-ESTABLISH SEWER CONNECTIONS
20 9 EA - - - - 1.00 9.00 - 0.00
FOR PIPE BURSTING ONLY

Y:12-RFXWater UtilitiesWU0712 E Angelo DrawBid Tab WU0712

CITY OF SAN ANGELO
Bid Tabulaltion
RFB NO: WU-07-12/East Angelo Draw Sewer LIne * May 31, 2012 (con't)

24" STEEL ENCASEMENT (OPEN CUT
21 380 LF 65.75 24,985.00 61.00 23,180.00 143.00 54,340.00 - 0.00
INSTALLATION)

22 MANHOLES, TYPE A 25 EA 10,555.00 263,875.00 8,910.00 222,750.00 17,000.00 425,000.00 - 0.00

23 MANHOLES, TYPE B 13 EA 4,545.00 59,085.00 5,040.00 65,520.00 9,000.00 117,000.00 - 0.00

24 FIBERGALSS VAULT 1 LS 48,140.00 48,140.00 69,998.00 69,998.00 88,000.00 88,000.00 - 0.00

25 CONCRETE CAP 2,165 LF 30.70 66,465.50 32.00 69,280.00 39.00 84,435.00 - 0.00

26 TRENCH SAFETY 9,552 LF 1.00 9,552.00 1.50 14,328.00 1.00 9,552.00 - 0.00

27 CONTINGENCY 1 LS 1.00 300,000.00 1.00 300,000.00 1.00 300,000.00 - 300,000.00

Total Bid $ 3,019,956.19 $ 2,306,430.00 $ 2,734,440.00 $ 300,000.00

Bid Bond Yes Yes Yes Yes

Requests for Bids were mailed to:
Benmark Supply Midland TX Morrison Supply San Angelo TX
CAS Construction Co. Wimberly TX Reece Albert San Angelo TX
Darnell & Dickson San Angelo TX Roberts Construction San Angelo TX
Davis Excavation Melissa TX SJ Louis San Antonio TX
Don Kelly Construction Arlington Tx Tech Excavation Midland TX
HD Supply Waterworks Waco TX Texas Water & Soil San Angelo TX
Holloman Utilities Converse TX Texas United Excavators Carrollton TX
Housley Communication Inc San Angelo TX US Filter Waco TX
Joe Moore Pipeline Abilene TX Utility Contractor of America Wolfforth TX
JENCO San Angelo TX Western Industrial Supply Amarillo TX
Macias Construction Company San Angelo TX Wright Construction Co., Inc. Grapevine TX
MasTec North America, Inc. Dallas TX
McGraw-Hill Dodge Reports Hot Springs AR

Y:12-RFXWater UtilitiesWU0712 E Angelo DrawBid Tab WU0712

City of San Angelo

Memo
Date: May 30, 2012
Caption: Consent Item
Consideration of authorizing the sale of the following residential properties for the appraised
value and authorizing the Mayor, City Manager, or Water Utilities Director to execute all
necessary legal documents pertaining to the sale of subject properties, subject to completion
of all curative requirements.

Summary: Cunningham 2666 Kings Road
Lot 51, Group Fishermans Road $99,716
Nobles 2570 Sleepy Hollow Road
Lot 27, Group Fishermans Road $90,946
Young 1607 Turtle Drive
Lot 28, Group Shady Point $25,034

History: None.

Financial Impact: Proceeds from the sale of lake lots go into the Lake Nasworthy Trust Fund.

Related Vision Item (if applicable): None.

Other Information/Recommendation: If the sale is approved at the appraised value, a title
examination will be performed and legal staff will prepare a Real Estate Contract of Sale, Special
Warranty Deed and Surrender of Lease, as previously approved by City Council.

Staff recommends approval.

Attachments: Appraisal Report (Cunningham; Nobles; Young)

Presentation: None.

Publication: None.

Reviewed by Service Area Director: Will Wilde, Water Utilities Director, May 30, 2012.

City of San
Angelo

Memo
Date: May 30, 2012

To: Mayor and Council Members
Subject: Consent Item , June 19, 2012 Council Meeting
Caption: Consideration of approving a residential lease renewal with
Tom and Toni A. Daniel at Lot 21, Group Lincoln Park, 6402 Lincoln Park
Road West; and authorizing the Water Utilities Director to execute the same.
Summary: The leaseholder’s current lease expires in 2045 and they would
like to execute a new 40 year lease for financing purposes.

History: Lease fees are current and there are no issues with the lease on
this tract.

Financial Impact: Current lease fees: 2012 $726
2013-2020 $871
2021-2042 Market Value

New lease fees: 2012 $842
2013-2020 $871
2021-2051 Market Value

Related Vision Item: None.

Other Information/Recommendation: It is recommended that the
lease renewal be approved and the Water Utilities Director be authorized to
execute the lease.

Attachments: Residential Lease (Daniel)

Presentation: None.

Publication: None.

Reviewed by Svc. Area Director: Will Wilde, Water Utilities Director,
May 3, 2012.

LAKE NASWORTHY RESIDENTIAL LOT LEASE

This lease is made and entered into by and between the CITY OF SAN
ANGELO, a Texas municipal corporation, ("Lessor"), whose address is P.O. Box 1751,
San Angelo, Tom Green County, Texas 76902, and Tom and Toni Daniel (Lessees)
whose address is 6402 Lincoln Park Road West, San Angelo, Texas 76904.

I. DEMISE OF LEASED PREMISES

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

Lot 21, Group Lincoln Park West, Lake Nasworthy Addition,
according to the map or plat of said Lake Nasworthy
Campsites in the custody of the Water Utilities Department
of the City of San Angelo (also commonly known as 6402
Lincoln Park Road West).

II. TERM, FEES AND RENT

FIXED COMMENCEMENT AND TERMINATION DATE

2.1 This lease is granted for a period of forty (40) years beginning July 1, 2012 and
ending June 30, 2052, in consideration of the initial payment of $150.00, which payment
includes the granting fee, receipt of which payment is hereby acknowledged, and the
further consideration of Lessee's payment of future annual rent in accordance with
subsequent paragraphs hereof and Lessee's compliance with the stipulations and
conditions hereinafter set forth.

TIME AND MANNER OF PAYMENT

2.2 Lessee shall pay annual rent to Lessor at the San Angelo Water Utilities
Department, P.O. Box 1751, San Angelo, Texas, 76903, or at such other place as
Lessor may from time to time designate by written notice to Lessee. Such rent shall be
paid annually on or before July 1 during the term of this lease in accordance with the
following schedule:

Dates Annual Rent

For the Years 2012 Through 2014 $552.00

For the Years 2015 Through 2016 $562.00

For the Years 2017 Through 2051 Market Value *

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

DELINQUENT PAYMENTS

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

HOLD OVER

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

III. DEBTS RELATED TO LEASED PREMISES

UTILITIES

3.1 Any utility charges shall be paid in full by Lessee when due. Failure to pay such
charges shall, at the option of Lessor, result in forfeiture of this lease.

TAXES

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

WATER, SEWAGE, PAVING IMPROVEMENTS

3.3 In the event the Lessor lays sewer and/or water lines on, adjacent to or in the
vicinity of the leased premises, Lessee agrees to pay the pro rata front-foot cost of

laying said line or lines as established by and in accordance with city policies then in
existence.

3.4 Lessee expressly agrees that if city water or sewer lines are ever located within
200 feet of the leased premises, Lessee will tie on to such service at its own expense at
the price established for that specific Lake Nasworthy area.

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

IV. RULES AND REGULATIONS

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

V. USE OF LEASED PREMISES

CONSTRUCTION BY LESSEE

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

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

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

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

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

e. No outside toilets shall be constructed or maintained on leased premises, and
all plumbing shall be connected with a sanitary sewer or with a septic tank which
complies in all respects to all state, county and city sanitation regulations and

requirements. No septic tank shall be placed, constructed, or maintained nearer
than 75 feet to the 1,872.2 foot elevation line nor nearer than five (5) feet to any
property line. All wastewater facilities shall conform to all of the City's wastewater
ordinances, where applicable. No sewer or drain shall empty into the lake or be
constructed so as to flow or wash into the lake. No concrete storm drains may be
constructed without the prior approval of the Water Utilities Department, Zoning
Board of Adjustment, Planning Commission and/or Council, as applicable.

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

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

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

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

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

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

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

RESERVATIONS AND EASEMENTS

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

VI. ENCUMBRANCE OF LEASEHOLD ESTATE

ENCUMBERING LEASEHOLD INTEREST ONLY

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

NOTICES TO LENDER

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

VII. CONDITION OF PREMISES

NO WARRANTY

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

AVAILABILITY AND USE OF LAKE WATER

7.2 Lessor in no way guarantees the accessibility of water to the leased premises nor
the level of water in Lake Nasworthy.

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

VIII. REPAIRS AND MAINTENANCE

LESSEE'S DUTY TO REPAIR AND MAINTAIN

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

DAMAGE OR DESTRUCTION

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

IX. SUSPENSION OF PRIVILEGES

HEALTH MATTERS

9.1 It is expressly understood and agreed that Lessor may at any time, without notice
to Lessee or any mortgagee, suspend or revoke any and all privileges granted herein

for such length of time as in its sole judgment is necessary for the purpose of
suppressing or arresting an epidemic of any contagious or infectious disease, or when,
in its sole judgment, any suspension of privileges is necessary to protect the health of
the water consumers of San Angelo, Texas. In the event privileges are suspended by
Lessor, rent shall be prorated; and if the lease is revoked, Lessor shall pay Lessee an
amount equal to the market value of any structures or improvements hereto made or
erected on leased premises in compliance with the terms of this lease.

PUBLIC PURPOSES

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

X. RELEASE

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

XI. INDEMNIFICATION

11.1 Lessee further agrees to indemnify and hold Lessor, its officers, agents, and
employees, free and harmless from any claims for damages or injury, including death,
to persons or property, or any liability incurred as a result of the exercise of the
privileges conferred by this lease, and agrees to reimburse Lessor for any expenses
incurred in the defense of any such claim, including reasonable attorney's fees and
court costs actually incurred.

XII. TRANSFER, ASSIGNMENT, AND SUBLETTING

12.1 Lessee may not transfer or assign the leased premises, in whole or in part,
without the prior written consent of the Lessor, which consent will not be unreasonably
withheld. Lessee may not sublet the leased premises, in whole or in part, without the

prior written consent of the Lessor. Any such transfer, assignment or sublease shall be
evidenced in writing, properly executed and acknowledged by both parties thereto; a
copy shall be delivered to Lessor and the original shall be recorded in the office of the
County Clerk of Tom Green County, Texas. It is agreed, however, that each such
transfer, assignment or sublease shall be subject to the obligations to Lessor as set
forth in this lease and shall not release Lessee or Lessee's obligations under the lease.

XIII. ABANDONMENT, DEFAULT AND REMEDIES

NOTICE OF INTENT TO TERMINATE LEASE

13.1 In the event Lessee shall (1) abandon the premises or (2) default in performance
of any of the covenants and conditions required herein to be kept and performed by
Lessee and such default continues for a period of thirty (30) days, Lessor shall have the
right to terminate this lease. Lessor will give thirty (30) days written notice of its intention
to terminate the lease to Lessee and any mortgagee who has notified the Water Utilities
Department of its lien and its address for notice purposes, and Lessee and any
mortgagee will have such thirty (30) days within which to cure such default and thereby
avoid termination. Notice shall be sufficient if delivered to Lessee at the address
specified in this lease or at such other address as Lessee may in writing designate to
Lessor. Upon Lessor's election to terminate, this lease shall cease.

POSSESSION

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

REMOVAL OF IMPROVEMENTS

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

OTHER REMEDIES

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

XIV. MISCELLANEOUS

RELATIONSHIP OF LESSOR AND LESSEE

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

PARTIES BOUND

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

HEADINGS

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

SUPERSEDES PRIOR AGREEMENTS

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

ENTIRE AGREEMENT/AMENDMENTS

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

VIOLATIONS OF LEASE

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

TEXAS LAW TO APPLY

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

INVALID OR ILLEGAL PROVISIONS

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

REIMBURSEMENT OF LESSOR’S EXPENSES

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

NOTICES

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

LESSEE: Tom and Toni Daniel
6402 Lincoln Park Road West
San Angelo, Texas 76904

LESSOR: City of San Angelo
Attn: Water Utilities Director
P.O. Box 1751
San Angelo, Texas 76902

EXECUTED in duplicate originals on the _____day of _____________________,
20___ by:

LESSEE(S)

Tom Daniel

Toni Daniel

STATE OF TEXAS §
COUNTY OF TOM GREEN §

This instrument was acknowledged before me on the _____day of
________________, 20____ by Tom and Toni Daniel.

Notary Public, State of Texas

CITY OF SAN ANGELO, LESSOR

BY:
W. H. WILDE, Director
Water Utilities Department

STATE OF TEXAS §
COUNTY OF TOM GREEN §

This instrument was acknowledged before me on the _____day of
________________, 20____, by W. H. Wilde, Water Utilities Director, of the City of San
Angelo, a Texas home rule municipal corporation, on behalf of said corporation.

Notary Public, State of Texas

City of San Angelo

Memo
Date: May 31, 2012


From: Carl White, Parks & Recreation Director


Contact: Carl White, Parks & Recreation Director, 657-4279

Caption: Consent Agenda Item

Consideration of authorizing an Out-of-Doors Public Art Display Program through
the Parks & Recreation Department.

Summary: The purpose of the Out-of-Doors Public Art Display Program is to provide public
access to artwork for educational, informational and cultural purposes. The initial
public display locations will be the existing and future pedestals at Sunken Garden
Park (Canna Lily garden park on South Abe St.).
The proposed program was envisioned by the Public Art Commission. It was
discussed at several meetings and the final version of the program was approved
at the Public Art Commission meeting on May 31, 2012.
The program allows for a simplified and stream-lined process to solicit, accept,
consider and approve requests from artists to display their work out-of-doors on
public property. This program would be utilized to facilitate the display of art for the
new San Angelo Museum of Art’s annual outdoor sculpture art competition.

History: There is no Council history on this item. The Council did approval a similar
program for the display of art indoors at the meeting on October 19, 2010.

Financial Impact: The cost for this program is nominal, having existing staff receive and facilitate
applications and coordinate installations and de-installations.

Related Vision Item None directly applicable.
(if applicable):

Other Information/ Staff recommends approval.
Recommendation:

Attachments: Resolution, Out-of-Doors Public Art Display Application, and Agreement

Presentation: N/A

Publication: N/A

Reviewed by Rick Weise, Assistant City Manager
Director:

Approved by Legal: May 4, 2012

CITY OF SAN ANGELO, TEXAS
PARKS & RECRATION DEPARTMENT
OUT-OF-DOORS PUBLIC ART DISPLAY PROGRAM

Purpose: The purpose of the Out-of-Doors Art Display Program is to display art on a
temporary loan basis thereby providing the public with access to an ever changing public display
of artwork for educational, informational and cultural purposes.

Management: The Program shall be managed and administered by the Director of Parks &
Recreation. The Director of Parks & Recreation shall establish a simplified and streamlined
process to solicit, accept, review, consider and approve requests from artists or owners of
artwork for the loan of art pieces to be temporarily displayed on City owned property or
facilities.

Annual Outdoor Sculpture Competition: In addition to other functions of the Program, the
Program may be utilized to facilitate the temporary display of art for the San Angelo Museum of
Art’s annual outdoor sculpture competition.

Public Forum: The program is not intended to create a public forum. Artwork submitted
for temporary public display shall be selected and displayed at the sole discretion of the City, on
consideration of the recommendation of the San Angelo Public Art Commission.

The Process for Art Selection and Display: The process for art selection and display is:

1) The Parks & Recreation Department (Department), working with the San Angelo Public
Art Commission, markets the program through public service announcements and other
selected advertising means.

2) The Department supplies artists and owners of artwork with application forms for the
submission of artwork to be considered for temporary display by the Department, not to
exceed one year. The Department supplies artists and owners of artwork selected for
display with necessary contract forms.

3) Artists or owners of art work complete application forms and agreement forms for
submission to the Parks and Recreation Department along with the required attachments.

4) The Department reviews the applications for completeness and fields questions as needed
about the program and applications to facilitate submissions.

5) The Department selects applications for submission to the San Angelo Public Art
Commission for its review and recommendations for temporary display of the proposed
artworks and their placement.

6) For each art piece selected to be temporarily displayed on City property or facilities, the
Department executes a written agreement with the owner or artist setting forth the terms
for the temporary display of the artwork. The Department coordinates the placement of
the artwork with the applicant pursuant to the terms of the written agreement.

7) The artwork is set and later removed by the applicant artist or owner, or agent for the
applicant.

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN
ANGELO, TEXAS, APPROVING THE PARKS & RECREATION
DEPARTMENT OUT-OF-DOORS PUBLIC ART DISPLAY PROGRAM
AND AUTHORIZING THE PARKS & RECREATION DIRECTOR TO
ADMINISTER THE PROGRAM

WHEREAS, the City of San Angelo is favored with artists, galleries, and exceptional public
park facilities that would be enhanced with out-of-doors art displays, thereby
making art accessible to the public; and,

WHEREAS, San Angelo’s art and cultural resources are a major source of community pride,
as well as building blocks for every aspect of the City’s development; and,

WHEREAS, the City of San Angelo is dedicated to promoting and supporting public access to
the City’s arts and cultural resources; and,

WHEREAS, the City Council has established the San Angelo Public Art Commission to act as
an advisory board to the City Council and City administration on the selection
and placement of art on City owned or controlled property; and,

WHEREAS, implementation of the Parks & Recreation Department’s proposed Out-of-Doors
Public Art Display Program will provide the public with access to an ever
changing public display of artwork for educational, informational, and cultural
purposes and would serve the best interest of the public:

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

The Parks & Recreation Department Out-of-Doors Public Art Display Program is hereby
approved. The Parks and Recreation Director is authorized to administer the program including
the solicitation and collection of applications for submission of art pieces for public display on
City owned properties and facilities, the submission of art to the San Angelo Public Art
Commission for selection and placement recommendations, the acceptance of art pieces for
display and placement of art on City owned properties and facilities, and the authority to execute
such agreements and related documents necessary or convenient to administration of the program.

PASSED and APPROVED THIS DAY OF , 2012.


ATTEST:
Alvin New, Mayor


APPROVED AS TO CONTENT APPROVED AS TO FORM

Carl White, Lysia H. Bowling,

Parks & Recreation Director City Attorney

City of San Angelo

Memo
Date: June 8, 2012

From: Lysia H. Bowling, City Attorney
Subject: Consent Item for June 19, 2012 Council Meeting
Contact: Lysia H. Bowling, City Attorney, 657-4407
Consideration of authorizing the Mayor to sign a Resolution affirming the City of San Angelo’s
cooperation with the Steering Committee of Cities served by AEP TNC to review AEP Texas
North Company’s requested approval of an adjustment to its Energy Efficiency Cost
Recovery Factor, hiring legal and consulting services to negotiate with the Company and
direct any necessary litigation and appeals, finding that the meeting at which this Resolution is
passed is open to the Public as required by law, requiring notice of this Resolution to legal
counsel.

Summary: AEP Texas North Company (“TNC” or “Company”) filed an application on or about May 1,
2012 with the Public Utility Commission of Texas (“PUC” or “Commission”), seeking to adjust its 2013
Energy Efficiency Cost Recovery Factor (“EECRF”). Pursuant to Commission rules, TNC is required
to annually apply no later than May 1 of every year to adjust its EECRF in order to reflect changes in
program costs and bonuses and to minimize any over- or under-collection of energy efficiency costs
resulting from the use of the EECRF.
The resolution authorizes the City to join with the Steering Committee of Cities Served by AEP TNC
(“Steering Committee”) to evaluate the filing, determine whether the filing complies with law, and if
lawful, to determine what further strategy, including settlement, to pursue.
History: Last year in Docket No. 39361, the Commission authorized TNC to adjust its 2012 EECRF to
recover $1,418,751. In this filing, TNC is seeking to adjust its EECRF to collect $1,606,733 for four
components: (1) $1,500,471in energy efficiency program costs projected to be incurred in 2013; (2)
$96,351 for its 2011 performance bonus; (3) a refund of $59,883 for over-recovery of costs in 2011;
and (4) $69,794 representing the estimated evaluation, measurement and verification (“EM&V”) costs
projected to be incurred in 2013 as contemplated by PUC Project No. 39674.
Financial Impact: Necessary costs associated with pursuing the matter should the costs not be
reimbursed by the utility
Related Vision Item (if applicable): Financial, Commercial and Industrial Vision is implicated.

Other Information/Recommendation: Staff recommends approval.

Attachments: Resolution.

Presentation: None.

Publication: None.

Reviewed by Service Area Director: Lysia H. Bowling, City Attorney, June 8, 2012.

RESOLUTION

RESOLUTION OF THE CITY OF SAN ANGELO
APPROVING COOPERATION WITH THE STEERING
COMMITTEE OF CITIES SERVED BY AEP TNC TO
REVIEW AEP TEXAS NORTH COMPANY’S REQUESTED
APPROVAL OF AN ADJUSTMENT TO ITS ENERGY
EFFICIENCY COST RECOVERY FACTOR; HIRING
LEGAL AND CONSULTING SERVICES TO NEGOTIATE
WITH THE COMPANY AND DIRECT ANY NECESSARY
LITIGATION AND APPEALS; FINDING THAT THE
MEETING AT WHICH THIS RESOLUTION IS PASSED IS
OPEN TO THE PUBLIC AS REQUIRED BY LAW;
REQUIRING NOTICE OF THIS RESOLUTION TO LEGAL
COUNSEL

WHEREAS, on or about May 1, 2012, AEP Texas North Company (“TNC” or
“Company”), pursuant to the Public Utility Regulatory Act (“PURA”) § 39.905 and Public
Utility Commission of Texas (“Commission” or “PUC”) Substantive Rule § 25.181(f)(4), filed
with the Commission an application for a 2013 Energy Efficiency Cost Recovery Factor
(“EECRF”), PUC Docket No. 40358; and

WHEREAS, the City of will cooperate with similarly situated city members and other
city participants located within the TNC service area in conducting a review of the Company’s
application and to hire and direct legal counsel and consultants and to prepare a common
response and to negotiate with the Company and direct any necessary litigation; and

WHEREAS, working with the Steering Committee of Cities Served by AEP TNC
(“Steering Committee”) to review the rates charged by TNC allows members to accomplish
more collectively than each city could do acting alone; and

WHEREAS, the Steering Committee has a history of participation in PUC dockets and
projects, as well as court proceedings, affecting transmission and distribution utility rates in
TNC’s service area to protect the interests of municipalities and electric customers residing
within municipal boundaries; and

WHEREAS, PURA § 33.023 provides that costs incurred by cities in ratemaking
activities are to be reimbursed by the regulated utility.

THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SAN
ANGELO, TEXAS:

1. That the City is authorized to participate in the Steering Committee in Docket No.
40358.

2. That subject to the right to terminate employment at any time, the City of San
Angelo hereby authorizes the hiring of the law firm of Lloyd Gosselink and consultants to
negotiate with the Company, make recommendations to the City regarding reasonable rates and
to direct any necessary administrative proceedings or court litigation associated with an appeal of
this application filed with the PUC.

3. That the City’s reasonable rate case expenses shall be reimbursed by TNC.

4. That it is hereby officially found and determined that the meeting at which this
Resolution is passed is open to the public as required by law and the public notice of the time,
place, and purpose of said meeting was given as required.

5. A copy of this Resolution shall be sent to Thomas Brocato, Counsel to the
Steering Committee, at Lloyd Gosselink Rochelle & Townsend, P.C., P.O. Box 1725, Austin,
Texas 78767-1725.

PASSED AND APPROVED this the __________ day of ____________________, 2012.

____________________________________
Alvin New, Mayor

ATTEST:

_____________________________


Michael Dane, Interim City Manager Lysia H. Bowling, City Attorney

City of San Angelo
Purchasing Division

Memo
Date: June 15, 2012
From: Roger S. Banks, Purchasing Manager
Subject: Consent Agenda Item for June 19, 2012, Council Meeting
Contact: Roger S. Banks, Purchasing Manager, 657-4220
Consideration of adopting a resolution of the City Council of the City of San Angelo
authorizing the City Manager or his designee to negotiate and execute an interlocal
agreement with National Joint Powers Alliance (NJPA), and authorizing the City Manager
or his designee to make use of the system for approved purchases.

Summary: Approval of this resolution and agreement will allow the City of San Angelo to participate in
a cooperative purchasing group, National Joint Powers Alliance (NJPA),, with other municipalities, county
governments, and school districts.

History: The State of Texas Government Code, Section 271 has given municipalities the authority to
participate in cooperative purchasing programs to increase the efficiency and effectiveness of local
governments by authorizing them to contract, to the greatest possible extent, with one another and with
agencies of the state.

Furthermore, a local government that purchases goods or services from authorized purchasing co-ops
satisfies the state law requiring the local government to seek competitive bids. Staff has verified that NJPA has
properly followed the State’s Purchasing laws for formally advertising bids, as well as accepting and awarding
bids.

Purchasing Co-ops assist local governments, by pooling procurement resources, meeting the needs of the
participants through volume purchasing and by reducing the cost and time associated with individual purchasing
procedures.

The City of San Angelo currently participates in several purchasing co-ops including:

• Buyboard.com.
• The Cooperative Purchasing Network (TCPN),
• Harris County Department of Education/Choice Partners
• Houston Galveston Area Council of Governments (HGAC),
• The Interlocal Purchasing System (TIPS),
• Texas Department of Information Resources (DIR), and
• U.S. Communities,

of 2

NJPA is located in Staples, Minnesota and is available for use by all public and private schools, colleges,
universities, cities, counties, and other government entities in the States of Texas. They offer a wide
variety competitive bid services and products to the membership.

Financial Impact: There is no membership or purchasing administrative fees associated with
membership. Purchasing co-ops are beneficial to the taxpayers through the anticipated savings to be
realized through, volume purchasing as well as the time and expenses associated with producing formal
competitive bids.

Other Information/Recommendation: Staff recommends approval.

Attachments: Resolution and Inter-local Agreement.

Reviewed by Director: Michael Dane, Finance Director

y:purchasing co-opsharris county dept of educationbackground memo-revised.docx

A RESOLUTION BY THE CITY OF SAN ANGELO CITY COUNCIL
AUTHORIZING THE CITY MANAGER OR HIS DESIGNEE TO
NEGOTIATE AND EXECUTE AN INTERLOCAL CONTRACT WITH
NATIONAL JOINT POWERS ALLIANCE (NJPA) PROVIDING FOR A
COOPERATIVE PURCHASING PROGRAM FOR GOODS AND SERVICES,
AND DESIGNATING THE CITY MANAGER AS OFFICIAL
REPRESENTATIVE OF THE CITY RELATING TO THE CONTRACT

WHEREAS, the City Council of the City of San Angelo has been presented a proposed
Interlocal Contract for a cooperative purchasing program for goods and services with National
Joint Powers Alliance, and finds that participation in the cooperative purchasing program is in
the best interests of the City of San Angelo and its citizens; and,

WHEREAS, the City of San Angelo, pursuant to the authority granted under Subchapter
F of Chapter 271 of the Local Government Code, desires to participate in the described
cooperative purchasing program sponsored by National Joint Powers Alliance;

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

Section 1. The City Manager or his designee is hereby authorized to negotiate and execute
an Interlocal Contract with National Joint Powers Alliance (NJPA) for
participation in a cooperative purchasing program for goods and services.

Section 2. The City Manager of the City of San Angelo is hereby designated to be the
official representative of the City of San Angelo relating to the authorized
Interlocal Contract with National Joint Powers Alliance.

Section 3. This resolution shall become effective from and after its passage.

PASSED AND APPROVED THIS THE DAY OF 2012.


ATTEST:
Alvin New, Mayor



Roger Banks, Purchasing Manager Lysia H. Bowling, City Attorney

June 19, 2012 Agenda packet

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