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City Council September 20, 2011 Agenda Packet

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  • 1. NOTICE OF A PUBLIC MEETING AN AGENDA OF A REGULAR MEETING OF THE CITY COUNCIL THE CITY OF SAN ANGELO, TEXAS 9:00 A.M. - Tuesday, September 20, 2011 McNease Convention Center, South Meeting Room 500 Rio Concho DriveTHE MCNEASE CONVENTION CENTER IS ACCESSIBLE TO PERSONS WITH DISABILITIES.ACCESSIBLE ENTRIES AND SPECIALLY MARKED PARKING SPACES ARE AVAILABLE AT BOTHMAIN ENTRANCES AT SURBER DRIVE AND RIO CONCHO DRIVE. IF ADDITIONAL ASSISTANCEIS 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. everyday 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 September 6, 2011 City Council Regular meeting minutes 2. Consideration of awarding bid REC-02-11 for Food Products for Senior Services Nutrition Program to Ben E. Keith (Abilene, TX) in the amount of $83,833.57 as the primary vendor and to Performance Food Service as the secondary (Temple, TX) in the amount of $85,915.49; and authorizing the City Manager or his designee to execute any necessary related documents 3. Consideration of adopting a Resolution by the San Angelo City Council accepting the U.S. Department of Justice FY 2011 Justice Assistance Grant in the sum of Thirty-Three Thousand Six Hundred Twenty-Nine and NO/100 Dollars ($33,629.00), and authorizing the City Manager or his designee to execute such grant award and related documents as may be necessary or convenient for acceptance of the grant 4. Consideration of ratifying a Resolution of the City of San Angelo Development Corporation acknowledging the critical water supply and water quality needs of the state of Texas and of the communities of West Texas, the infrastructure required to meet those needs, the necessity for cost effective programs to assist local government in financing water related projects, the effectiveness ofCity Council Agenda Page 1 of 5 September 20, 2011
  • 2. financing opportunities offered by the Texas Water Development Board, and supporting proposition 2, a proposed Texas constitutional amendment providing for water financial assistance bonds 5. Second Hearing and consideration of adoption of an Ordinance amending Chapter 12, Exhibit “A” (Zoning Ordinance) of the Code of Ordinances, City of San Angelo Z 11-11: ATMOS Energy 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: 1730 North Main Street, an approximately 2.6 acre tract of property formed by segments of surveys, bordered by North Emerick Street on the west, East 18th Street on the north, North Main Street on the east, and East 14th Street on the south, in north central San Angelo, changing the zoning classification from Neighborhood Commercial (CN) to Planned Development (PD) District for a combination of office, aggregate and materials storage, accessory parking, and contractor usage; PROVIDING FOR SEVERABILITY AND PROVIDING A PENALTY 6. Second Hearing and consideration of adoption of an Ordinance amending Chapter 12, Exhibit “A” (Zoning Ordinance) of the Code of Ordinances, City of San Angelo Z 11-13: City of San Angelo AN ORDINANCE AMENDING CHAPTER 12, EXHIBIT “A” OF THE CODE OF ORDINANCES, CITY OF SAN ANGELO, TEXAS, WHICH SAID EXHIBIT “A” OF CHAPTER 12 ADOPTS ZONING REGULATIONS, USE DISTRICTS AND A ZONING MAP, IN ACCORDANCE WITH A COMPREHENSIVE PLAN, BY CHANGING THE ZONING AND CLASSIFICATION OF THE FOLLOWING PROPERTY, TO WIT: 501 Rio Concho Drive, a roughly 9.1-acre tract at the northwest corner of Rio Concho & Surber Drives, specifically occupying Lots 17 & 18 (except the south 357’) and a segment of the north part (a portion of River Drive) of the Fort Concho River Lots Addition, changing the zoning classification from Single Family Residential (RS-1) to Planned Development (PD) District; PROVIDING FOR SEVERABILITY AND PROVIDING A PENALTY 7. Second Hearing and consideration of adoption of an Ordinance amending Chapter 12, Exhibit “A” (Zoning Ordinance) of the Code of Ordinances, City of San Angelo Z 11-14: City of San Angelo Planning Commission 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: Area generally bounded by North Oakes Street on the west, East/West 3rd Street on the north, Gillis Street on the west, and East/West College Avenue on the south, in addition to one block generally bounded by Gillis Street on the west, West 2nd Street on the north, North Irving Street on the west, and West 1st Street on the south, changing the zoning classification from Multi-Familiy Residence and General Commercial/Heavy Commercial, (RM-1 and CG/CH) to Central Business District (CB) District; PROVIDING FOR SEVERABILITY AND PROVIDING A PENALTY 8. Second Hearing and consideration of adoption of an Ordinance amending Chapter 12, Exhibit “A” (Zoning Ordinance) of the Code of Ordinances, City of San Angelo Z 11-16: First National Bank AN ORDINANCE AMENDING CHAPTER 12, EXHIBIT “A” OF THE CODE OF ORDINANCES, CITY OF SAN ANGELO, TEXAS, WHICH SAID EXHIBIT “A” OF CHAPTER 12 ADOPTSCity Council Agenda Page 2 of 5 September 20, 2011
  • 3. 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: 1814 Ward Street, about 122’ southeast from the intersection of Ward Street and Pecos Street. An approximately 0.0845 acre tract (specifically Lot 14 and a 36’ section out of the abutting Lots of 15 and 13, Dawson-Eddiemann subdivision), in central San Angelo, changing the zoning classification from Two-Family Residence (RS-2) to Office Commercial (CO) District; PROVIDING FOR SEVERABILITY AND PROVIDING A PENALTYIII. REGULAR AGENDA: F. EXECUTIVE/CLOSED SESSION Executive Session under the provision of Government Code, Title 5. Open Government; Ethics, Subtitle A. Open Government, Chapter 551. Open Meetings, Subchapter D. Exceptions to Requirement that Meetings be Open, Section 551.072 to deliberate the purchase, exchange, lease, or value of real property Executive Session under the provision of Government Code, Title 5. Open Government; Ethics, Subtitle A. Open Government, Chapter 551. Open Meetings, Subchapter D. Exceptions to Requirement that Meetings be Open, Section 551.071 to consult with attorney on a matter in which the duty of the attorney to the governmental body under the Texas Disciplinary Rules of Professional Conduct of the State Bar of Texas clearly conflicts with this chapter Executive Session under the provision of Government Code, Title 5. Open Government; Ethics, Subtitle A. Open Government, Chapter 551. Open Meetings, Subchapter D. Exceptions to Requirement that Meetings be Open, Section 551.087 to discuss an offer of financial or other incentive to a company or companies with whom the City of San Angelo is conducting economic development negotiations and which the City of San Angelo seeks to have, locate, stay or expand in San Angelo G. PUBLIC HEARING AND COMMENT 9. Presentation of Downtown San Angelo 2nd Quarterly Report and any action in connection thereto (Presentation by DSA Executive Director Genora Young) 10. Discussion and authorization to rename 50th Street and any action in connection thereto (Requested by Councilmember Morrison and presentation by City Engineer Clinton Bailey) 11. Consideration of approving recommended changes to the Community & Housing Support Housing Guidelines for CDBG and HOME housing programs and any action in connection thereto (Presentation by Neighborhood and Family Services Director Bob Salas) 12. Consideration of allowing placement of a freestanding sign within public right-of-way at 37 East Harris Avenue (First Baptist Church), as addressed in Chapter 12 Section 12.617.1.E of the City of San Angelo’s Code of Ordinances (Presentation by Community and Economic Development Director Shawn Lewis) 13. First Public Hearing and consideration of introduction of an Ordinance authorizing abandonment of public right-of-way around City Hall in downtown San Angelo, AN ORDINANCE PROVIDING FOR THE ABANDONMENT AND CLOSING OF THE FOLLOWING STREET SEGMENT, TO WIT: A 201’ x 20’ alley segment extending NE from Farr Street, approximately 106’ NE from the intersection of Farr Street and West 1st Street; 199’ x 32’ strip of property immediately adjacent to and south of West 2nd Street, beginning at the SE corner of the intersection of West 2nd & Farr Streets, and extending NE; A 80’ x 218’ tract of property between the eastern and western segments of City Hall Plaza with West 1st Street and south of the intersection of North Irving and West 1st Streets, and including a 236’ segment of West 1st Street and an 83’City Council Agenda Page 3 of 5 September 20, 2011
  • 4. segment of City Hall Plaza; A 32’ x 215’ segment of City Hall Plaza, extending north from its intersection with West College Avenue, immediately east of City Hall; A 29’ x 70’ segment of Irving Street extending north from its intersection with West 1st Street, immediately north of City Hall; A 36’ x 93’ segment of West 1st Street, extending west from its intersection with Gillis Street, immediately north of City Hall; A 101’ x 56’ tract of property between the western segment of City Hall Plaza and Gillis Street 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 (Presentation by Community and Economic Development Director Shawn Lewis) 14. Consideration of a request to allow an attached sign larger than the maximum 16 square feet as allowed in Section 12.604(b)(2)(C)(iv) of San Angelo’s Sign Ordinance, to permit an approximately 18 square foot attached sign to be located at 221 South Chadbourne Street (Presentation by Community and Economic Development Director Shawn Lewis) 15. Second Public Hearing and consideration of adoption of an Ordinance levying property taxes for the City of San Angelo for the 2011 tax year: AN ORDINANCE LEVYING TAXES AND PROVIDING FOR THE ASSESSMENT AND COLLECTION THEREOF AND PROVIDING FOR EXEMPTIONS, IN AND FOR THE CITY OF SAN ANGELO, TEXAS, FOR THE 2011-2012 BUDGET YEAR (Presentation by Finance Director Michael Dane) 16. First Public hearing and consideration of introduction of an Ordinance Amending Fire Department Staffing Positions AN ORDINANCE AMENDING CHAPTER 2 ENTITLED “ADMINISTRATION” OF THE CODE OF ORDINANCES OF THE CITY OF SAN ANGELO BY AMENDING ARTICLE 2.1500, ENTITLED “CLASSIFIED SERVICE,” SECTION 2.1502, ENTITLED “CLASSIFICATION PLAN,” PARAGRAPH (b), ENTITLED “STAFFING LEVELS,” SUBPARAGRAPH (1)(A), ENTITLED “FIRE DEPARTMENT,” TO CHANGE THE NUMBER OF AUTHORIZED POSITIONS FOR THE FIRE DEPARTMENT BY INCREASING THE NUMBER OF FIRE LIEUTENANT FROM EIGHTEEN (18) TO TWENTY (20), AND DECREASING THE NUMBER OF FIRE FIGHTER FROM NINETY-FIVE (95) TO NINETY-ONE (91), SAID CHANGE TO BE EFFECTIVE ON OCTOBER 4, 2011 AND; PROVIDING FOR SEVERABILITY, AND PROVIDING EFFECTIVE DATES (Presentation by Fire Chief Brian Dunn) 17. Discussion of stormwater quality data collected during August 13, 2011 storm event (Presentation by City Engineer Clinton Bailey) 18. Discussion, review, and possible action on the Water Conservation/Drought Contingency Plan options (Presentation by Water Utilities Director Will Wilde) 19. Discussion and possible action on the consolidation of various City’ Boards and Commissions a. Parks & Recreation b. Community & Economic Development Planning (Presentation by City Manager Harold Dominguez and related City Board’s Liaisons) 20. Consideration of adopting a Resolution designating polling places within the election precincts within the City of San Angelo, Texas for elections ordered; providing for pre-clearance and all other necessary actions; and providing for an effective dateCity Council Agenda Page 4 of 5 September 20, 2011
  • 5. (Presentation by City Clerk Alicia Ramirez) 21. Discussion and possible action regarding employee alternate work schedule (Presentation by Human Resources Director Lisa Marley) 22. Presentation and discussion on the format of the Water Utility Statement and any action in connection thereto (Presentation by Water Utilities Director Will Wilde) 23. Consideration of designating a marker name, to wit: Hughes Point, at Lake Nasworthy at the end of Camper Road as Hughes Point (Requested by Councilmember Farmer and presentation by City Manager Harold Dominguez) 24. Discussion and consideration of offering financial, technical, and related (personnel, and equipment) assistance to rural fire departments and any action in connection thereto (Requested by Councilmember Hirschfeld and presentation by Councilmember Farmer) 25. Discussion of Council Policy and Procedure For Meetings (Requested by Councilmember Morrison) H. FOLLOW UP AND ADMINISTRATIVE ISSUES 26. Consideration of matters discussed in Executive/Session, if needed 27. Consideration of Future Agenda Items 28. Adjournment Given by order of the City Council and posted in accordance with Title 5, Texas Government Code, Chapter 551, Friday, September 16, 2011, at 5:00 P.M. /s/________________________ Alicia Ramirez, City ClerkCity Council Agenda Page 5 of 5 September 20, 2011
  • 6. CITY COUNCIL MINUTE RECORDThe City of San Angelo Page 1Tuesday, September 6, 2011 Vol. 103 OPEN SESSIONBE IT REMEMBERED City Council convened in a regular meeting at 9:04 A.M., Tuesday, September 6, 2011,in the San Angelo McNease Convention Center, 500 Rio Concho Drive, San Angelo, Texas. All dulyauthorized 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 Farmerwere present and acting, with the exception of Councilmember Adams, thus constituting a quorum.Whereupon, the following business was transacted:An invocation was given by Councilmember Morrison and pledge was led by Gracie Wilson, 6th Grader at LeeMiddle School, and daughter of Anthony Wilson, Civic Events Manager.PROCLAMATION AND RECOGNITIONS“Day of Community Prayer for the Success of the 2011 United Way Campaign in the Concho Valley”, wasaccepted by Donna Brosh, Campaign Director for the United Way of the Concho Valley and Samantha Batten-Crumrine, Administrative Assistant for the United Way of the Concho Valley.“Consider Compassion, 2011 Season of Peace”, was accepted by Ambassadors of Peace representatives.“Constitution Week Sept. 18-24, 2011”, was accepted by Shirley Huntley Dobson, Second Vice Regent,Pocahontas Chapter, National Society Daughters of the American Revolution.“Adopt a Shelter Pet Month”, September 2011, was accepted by Mary Golder, Board Member, Morgan Trainer,Pet Foster Parent, and Caitlin Wylie, Pet Foster Parent.Kenneth C. Landon, Director of the International Waterlily Collection at San Angelo, Texas, and creator of thebeautiful waterlily, Nymphaea “Texas Dawn”; and, on April 26, 2011, the 82nd Legislature of the State ofTexas formally designated Nymphaea “Texas Dawn” as the official waterlily of the State of Texas“Mariachi Alma Mexicana, 10th Anniversary”, was accepted by Tommy Navarro and Mercy Perez, Sponsors ofMariachi Alma Mexicana.PUBLIC COMMENTPublic comments were made by citizen Allan Priest.CONSENT AGENDAAPPROVAL OF THE AUGUST 30, 2011 CITY COUNCIL REGULAR MEETING MINUTESADOPTION OF A RESOLUTION AUTHORIZING THE MAYOR TO EXECUTE TAX DEED FOR THESALE OF TAX LOT NEXT TO 324 E 12TH STREET, (GARCIA), 36 ½’ X 117’ O/O, M. HIMMERSURVEY #321, MILES ADDITION, $1,300, SUIT NO. TAX91-0211B (ANNEX A, PAGE 9,
  • 7. Page 2 MinutesVol. 103 September 6, 2011ORDINANCE #2011-09-091R)APPROVAL OF RENTAL LEASES FOR WOMEN, INFANT’S AND CHILDREN’S SUPPLEMENTALNUTRITION PROGRAM (WIC) CLINIC SPACES IN BALLINGER AND COLEMAN, TEXASADOPTION OF A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN ANGELO, TEXAS,ACKNOWLEDGING THE CRITICAL WATER SUPPLY AND WATER QUALITY NEEDS OF THESTATE OF TEXAS AND OF THE COMMUNITIES OF WEST TEXAS, THE INFRASTRUCTUREREQUIRED TO MEET THOSE NEEDS, THE NECESSITY FOR COST EFFECTIVE PROGRAMS TOASSIST LOCAL GOVERNMENT IN FINANCING WATER RELATED PROJECTS, THEEFFECTIVENESS OF FINANCING OPPORTUNITIES OFFERED BY THE TEXAS WATERDEVELOPMENT BOARD, AND SUPPORTING PROPOSITION 2, A PROPOSED TEXASCONSTITUTIONAL AMENDMENT PROVIDING FOR WATER FINANCIAL ASSISTANCE BONDS(ANNEX B, PAGE 11, ORDINANCE #2011-09-092R)ADOPTION OF A RESOLUTION ACCEPTING THE FEDERAL AVIATION ADMINISTRATION’S FY-2011 GRANT NO. 3-48-0191-032-2011 ESTIMATED AT $1,089,278.00 FOR PROJECT COSTS FORTERMINAL BUILDING IMPROVEMENTS, AND AUTHORIZING THE CITY MANAGER OR HISDESIGNEE TO NEGOTIATE AND EXECUTE A GRANT AGREEMENT THEREFORE, INCLUDINGPROVISION OBLIGATING THE CITY OF SAN ANGELO TO PAY UP TO 5% OF PROJECT COSTSFUNDED BY THE GRANT, NOT TO EXCEED $54,464.00; AND, PROVIDING AN EFFECTIVE DATE (ANNEX C, PAGE 13, ORDINANCE #2011-09-093R)ADOPTION OF A RESOLUTION AUTHORIZING THE CITY MANAGER OR HIS DESIGNEE TOEXECUTE AN AMENDMENT TO THE CITY OF SAN ANGELO PARS SECTION 457 RICAALTERNATIVE RETIREMENT PLAN TO COMPLY WITH RECENT LEGISLATION ANDREGULATIONS APPLICABLE TO THE PLAN, AND TO TAKE SUCH ADDITIONAL ACTIONSNECESSARY TO MAINTAIN THE CITY’S PARTICIPATION IN PARS AND TO MAINTAIN PARSCOMPLIANCE WITH APPLICABLE REGULATIONS ISSUED OR AS MAY BE ISSUED (ANNEX D,PAGE 15, ORDINANCE #2011-09-094R)ADOPTION OF A RESOLUTION AUTHORIZING THE CITY MANAGER OR HIS DESIGNEE TONEGOTIATE AND EXECUTE A PUBLIC TRANSPORTATION MASTER GRANT AGREEMENT;RATIFYING THE EXECUTION OF THE PUBLIC TRANSPORTATION MASTER GRANTAGREEMENT; APPROVING THE TERMS AND CONDITIONS OF THE MASTER GRANTAGREEMENT; AND, PROVIDING AN EFFECTIVE DATE (ANNEX E, PAGE 17, ORDINANCE #2011-09-095R)SECOND HEARING AND INTRODUCTION OF AN ORDINANCE AMENDING CHAPTER 12,EXHIBIT “A” (ZONING ORDINANCE) OF THE CODE OF ORDINANCES, CITY OF SAN ANGELO(ANNEX F, PAGE 19, ORDINANCE #2011-09-096)Z 11-10: San Angelo Planning CommissionAN ORDINANCE AMENDING CHAPTER 12, EXHIBIT “A” OF THE CODE OF ORDINANCES, CITYOF SAN ANGELO, TEXAS, WHICH SAID EXHIBIT “A” OF CHAPTER 12 ADOPTS ZONINGREGULATIONS, USE DISTRICTS AND A ZONING MAP, IN ACCORDANCE WITH ACOMPREHENSIVE PLAN, BY CHANGING THE ZONING AND CLASSIFICATION OF THEFOLLOWING PROPERTY, TO WIT: lot at northwest corner of Country Club Road and US Hwy 277,specifically 8.614 acres of the J. Burkhardt Subdivision, abstract number 0037, changing the zoningclassification from a Single-Family Residential (RS-1) to a Neighborhood Commercial (CN) District;PROVIDING FOR SEVERABILITY AND PROVIDING A PENALTY
  • 8. Minutes Page 3September 6, 2011 Vol. 103Councilmember Farmer commented on two clarifications to minutes. Council concurred to the changeswithin the minutes.Motion, to approve the Consent Agenda, as presented and amended, was made by Councilmember Silvas andseconded by Councilmember Hirschfeld. Motion carried unanimously.REGULAR AGENDA: PUBLIC HEARING AND COMMENTPRESENTATION BY THE AQUA SQUAD STUDENT GROUPThe Student Group and Christy Youker, PhD, Education Director for the Upper Colorado River Authoritypresented background information.SECOND PUBLIC HEARING AND ADOPTION OF AN ORDINANCE OF THE CITY OF SAN ANGELOAPPROVING AND ADOPTING THE BUDGET FOR THE FISCAL YEAR BEGINNING OCTOBER 1,2011, AND ENDING SEPTEMBER 30, 2012; ADOPTING EMPLOYEE COMPENSATION SCHEDULES;PROVIDING FOR THE GENERAL APPROPRIATION OF FUNDS; RESERVING UNTO THE CITYCOUNCIL THE AUTHORITY TO TRANSFER APPROPRIATIONS BUDGETED; RATIFYINGTRANSFERS OF APPROPRIATIONS OCCURRING IN THE 2010-2011 FISCAL YEAR ANDAMENDING THAT BUDGET ORDINANCE ACCORDINGLY; RESERVING UNTO THE CITYCOUNCIL THE POWER, ONLY AS PERMITTED BY LAW, TO AMEND OR MAKE CHANGES IN THEBUDGET FOR MUNICIPAL PURPOSES; PROVIDING AUTHORITY FOR THE CITY MANAGER ORHIS DESIGNEE TO MAKE CERTAIN ADJUSTMENTS FROM TIME TO TIME IN OR BETWEENBUDGETED ALLOCATIONS; AND, PROVIDING FOR FILING OF THE BUDGET (ANNEX G, PAGE23, ORDINANCE #2011-09-097)THIS BUDGET WILL RAISE LESS TOTAL PROPERTY TAXES THAN LAST YEAR’S BUDGET BY$163,572.00 (-0.60%), AND OF THAT AMOUNT, $530,877.00 IS TAX REVENUE TO BE RAISED FROMNEW PROPERTY ADDED TO THE ROLL THIS YEARFinance Director Michael Dane presented background information. He explained corrections to the exhibitstatements.Public comment was made by Citizen Allen Priest.Motion, to adopt the Ordinance, was made by Councilmember Farmer and seconded by CouncilmemberHirschfeld. Motion carried unanimously.FIRST PUBLIC HEARING AND INTRODUCTION OF AN ORDINANCE LEVYING PROPERTY TAXESFOR THE CITY OF SAN ANGELO FOR THE 2011 TAX YEAR:AN ORDINANCE LEVYING TAXES AND PROVIDING FOR THE ASSESSMENT AND COLLECTIONTHEREOF AND PROVIDING FOR EXEMPTIONS, IN AND FOR THE CITY OF SAN ANGELO, TEXAS,FOR THE 2011-2012 BUDGET YEARFinance Director Michael Dane presented background information.Motion, to introduce the Ordinance, was made by Councilmember Morrison and seconded by CouncilmemberSilvas. Motion carried unanimously.SECOND PUBLIC HEARING AND ADOPTION OF AN ORDINANCE AMENDING CHAPTER 12,EXHIBIT “A” (ZONING ORDINANCE) OF THE CODE OF ORDINANCES, CITY OF SAN ANGELO(ANNEX H, PAGE 31, ORDINANCE #2011-09-098)Z 11-09: City of San AngeloAN ORDINANCE AMENDING CHAPTER 12, EXHIBIT “A” OF THE CODE OF ORDINANCES, CITYOF SAN ANGELO, TEXAS, WHICH SAID EXHIBIT “A” OF CHAPTER 12 ADOPTS ZONING
  • 9. Page 4 MinutesVol. 103 September 6, 2011REGULATIONS, USE DISTRICTS AND A ZONING MAP, IN ACCORDANCE WITH ACOMPREHENSIVE PLAN, BY CHANGING THE ZONING AND CLASSIFICATION OF THEFOLLOWING PROPERTY, TO WIT: lot located on the northeast corner of Knickerbocker Road andAmerican Legion Road, specifically Lot 1 and a portion of an abandoned alley in Block C in the LakeNasworthy Subdivision, changing the zoning classification from a Single-Family Residential (RS-1) to aNeighborhood Commercial (CN) District; PROVIDING FOR SEVERABILITY AND PROVIDING APENALTYPlanning Manager AJ Fawver presented background information.Motion, to adopt the Ordinance, was made by Councilmember Farmer and seconded by CouncilmemberAlexander.Public comments were made by Citizens Richard and Donna Crisp of 1911 Cove Road, Gary Cox, CharlotteRuffenacht, and Peg Finnegan.A vote was taken on the motion on the floor. Motion carried unanimously.RECESSAt 10:26 A.M., Mayor New called a recess.RECONVENEAt 10:36 A.M., Council reconvened, and the following business was transacted:FIRST PUBLIC HEARING AND INTRODUCTION OF AN ORDINANCE AMENDING CHAPTER 12,EXHIBIT “A” (ZONING ORDINANCE) OF THE CODE OF ORDINANCES, CITY OF SAN ANGELOZ 11-11: ATMOS EnergyAN ORDINANCE AMENDING CHAPTER 12, EXHIBIT “A” OF THE CODE OF ORDINANCES, CITYOF SAN ANGELO, TEXAS, WHICH SAID EXHIBIT “A” OF CHAPTER 12 ADOPTS ZONINGREGULATIONS, USE DISTRICTS AND A ZONING MAP, IN ACCORDANCE WITH ACOMPREHENSIVE PLAN, BY CHANGING THE ZONING AND CLASSIFICATION OF THEFOLLOWING PROPERTY, TO WIT: 1730 North Main Street, an approximately 2.6 acre tract of propertyformed by segments of surveys, bordered by North Emerick Street on the west, East 18th Street on the north,North Main Street on the east, and East 14th Street on the south, in north central San Angelo, changing thezoning classification from Neighborhood Commercial (CN) to Planned Development (PD) District for acombination of office, aggregate and materials storage, accessory parking, and contractor usage; PROVIDINGFOR SEVERABILITY AND PROVIDING A PENALTYPlanning Manager AJ Fawver presented background information. A copy of the presentation is part of thepermanent supplemental minute record.General discussion was held on the type of fencing and whether such should be wood or metal, the securityconcern of based on the type of fencing, and the comparison of type of fencing to other surrounding neighbors,specifically the nearby retirement community.Public comment was made by Atmos Representative Shelley Burnett.Motion, to introduce the Ordinance, as presented and amended to replace the verbiage “wooden fence” with“privacy fence”, was made by Councilmember Hirschfeld and seconded by Councilmember Morrison. Motioncarried unanimously.FIRST PUBLIC HEARING AND INTRODUCTION OF AN ORDINANCE AMENDING CHAPTER 12,EXHIBIT “A” (ZONING ORDINANCE) OF THE CODE OF ORDINANCES, CITY OF SAN ANGELO
  • 10. Minutes Page 5September 6, 2011 Vol. 103Z 11-13: City of San AngeloAN ORDINANCE AMENDING CHAPTER 12, EXHIBIT “A” OF THE CODE OF ORDINANCES, CITYOF SAN ANGELO, TEXAS, WHICH SAID EXHIBIT “A” OF CHAPTER 12 ADOPTS ZONINGREGULATIONS, USE DISTRICTS AND A ZONING MAP, IN ACCORDANCE WITH ACOMPREHENSIVE PLAN, BY CHANGING THE ZONING AND CLASSIFICATION OF THEFOLLOWING PROPERTY, TO WIT: 501 Rio Concho Drive, a roughly 9.1-acre tract at the northwest cornerof Rio Concho & Surber Drives, specifically occupying Lots 17 & 18 (except the south 357’) and a segment ofthe north part (a portion of River Drive) of the Fort Concho River Lots Addition, changing the zoningclassification from Single Family Residential (RS-1) to Planned Development (PD) District; PROVIDING FORSEVERABILITY AND PROVIDING A PENALTYPlanning Manager AJ Fawver presented background information. A copy of the presentation is part of thepermanent supplemental minute record.Motion, to introduce the Ordinance, as presented, was made by Councilmember Morrison and seconded byCouncilmember Hirschfeld.General discussion was made on how the special conditions are tracked, staff audit procedure to ensurecompliance is conducted throughout the fiscal year, and possibly adding other requirements to the proposedconditions.A vote was taken on the motion on the floor. AYE: Alexander, Morrison, and Hirschfeld. NAY: New, Silvas,and Farmer. Motion tied 3-3.General discussion was held on the adding further restrictions, specifically to include a 100’ foot setback fromthe property line on the west and south side should storage facilities be installed.Motion, to introduce, as presented, with the additional special use condition to include a 100’ foot setback forany storage from the western and southern part of the location, was Mayor New and seconded byCouncilmember Silvas. Motion carried unanimously.FIRST PUBLIC HEARING AND CONSIDERATION OF INTRODUCTION OF AN ORDINANCEAMENDING CHAPTER 12, EXHIBIT “A” (ZONING ORDINANCE) OF THE CODE OF ORDINANCES,CITY OF SAN ANGELOZ 11-14: City of San Angelo Planning CommissionAN ORDINANCE AMENDING CHAPTER 12, EXHIBIT “A” OF THE CODE OF ORDINANCES, CITYOF SAN ANGELO, TEXAS, WHICH SAID EXHIBIT “A” OF CHAPTER 12 ADOPTS ZONINGREGULATIONS, USE DISTRICTS AND A ZONING MAP, IN ACCORDANCE WITH ACOMPREHENSIVE PLAN, BY CHANGING THE ZONING AND CLASSIFICATION OF THEFOLLOWING PROPERTY, TO WIT: Area generally bounded by North Oakes Street on the west, East/West3rd Street on the north, Gillis Street on the west, and East/West College Avenue on the south, in addition to oneblock generally bounded by Gillis Street on the west, West 2nd Street on the north, North Irving Street on thewest, and West 1st Street on the south, changing the zoning classification from Multi-Familiy Residence andGeneral Commercial/Heavy Commercial, (RM-1 and CG/CH) to Central Business District (CB) District;PROVIDING FOR SEVERABILITY AND PROVIDING A PENALTYPlanning Manager AJ Fawver presented background information. A copy of the presentation is part of thepermanent supplemental minute record.Motion, to introduce the Ordinance, as presented, was made by Councilmember Silvas and seconded byCouncilmember Farmer. Motion carried unanimously.
  • 11. Page 6 MinutesVol. 103 September 6, 2011FIRST PUBLIC HEARING AND INTRODUCTION OF AN ORDINANCE AMENDING CHAPTER 12,EXHIBIT “A” (ZONING ORDINANCE) OF THE CODE OF ORDINANCES, CITY OF SAN ANGELOZ 11-16: First National BankAN ORDINANCE AMENDING CHAPTER 12, EXHIBIT “A” OF THE CODE OF ORDINANCES, CITYOF SAN ANGELO, TEXAS, WHICH SAID EXHIBIT “A” OF CHAPTER 12 ADOPTS ZONINGREGULATIONS, USE DISTRICTS AND A ZONING MAP, IN ACCORDANCE WITH ACOMPREHENSIVE PLAN, BY CHANGING THE ZONING AND CLASSIFICATION OF THEFOLLOWING PROPERTY, TO WIT: 1814 Ward Street, about 122’ southeast from the intersection of WardStreet and Pecos Street. An approximately 0.0845 acre tract (specifically Lot 14 and a 36’ section out of theabutting Lots of 15 and 13, Dawson-Eddiemann subdivision), in central San Angelo, changing the zoningclassification from Two-Family Residence (RS-2) to Office Commercial (CO) District; PROVIDING FORSEVERABILITY AND PROVIDING A PENALTYPlanning Manager AJ Fawver presented background information. A copy of the presentation is part of thepermanent supplemental minute record.Motion, to introduce the Ordinance, was made by Councilmember Hirschfeld and seconded by CouncilmemberMorrison.General discussion was held on the use of the building and noted the current use was not conducive forresidential purposes.A vote was taken on the motion on the floor. Motion carried unanimously.ACCEPTANCE OF THE PHASE II OF THE HISTORIC RESOURCES SURVEYPlanning Manager AJ Fawver and Preservation Consultant Mary Saltarelli presented background information. Acopy of the presentation is part of the permanent supplemental minute record.General discussion was held on the recommendations by the consultant and the Historic PreservationCommittee; the action required to accept the document and noting that further action would be required todesignate the proposed properties based on the various recommendations by the related boards; and onceaccepted, staff would with the various proposed recommendations one at a time.Councilmember Hirschfeld advised that he may have a conflict of interest and may be required to abstain fromthe vote. City Attorney Lysia H. Bowling advised him to complete and submit the form.Motion, to accept the non-binding recommendations, as presented, was made by Councilmember Alexander andseconded by Councilmember Farmer. Motion carried unanimously.TABLING OF THE DISCUSSION, REVIEW, AND POSSIBLE ACTION ON THE WATERCONSERVATION/DROUGHT CONTINGENCY PLAN OPTIONSMotion, to table the item, was made by Councilmember Farmer and seconded by Councilmember Morrison.Motion carried unanimously.TABLING OF THE FIRST PUBLIC HEARING AND INTRODUCTION OF AN ORDINANCEAMENDING THE WATER CONSERVATION/DROUGHT CONTINGENCY PLANAN ORDINANCE AMENDING CHAPTER 11, ARTICLE 11.200 OF THE CODE OF ORDINANCES,CITY OF SAN ANGELO, TEXAS, ENTITLED “WATER CONSERVATION AND DROUGHTCONTINGENCY PLAN”, BY REPEALING ARTICLE 11.200 IN ITS ENTIRETY, AND ADOPTING ANEW ARTICLE 11.200; PROVIDING FOR SEVERABILITY AND PROVIDING FOR AN EFFECTIVEDATE
  • 12. Minutes Page 7September 6, 2011 Vol. 103Motion, to table the item, was made by Councilmember Farmer and seconded by Councilmember Morrison.Motion carried unanimously.EXECUTIVE/CLOSED SESSIONAt 12:30 P.M., Council convened in Executive Session under the provision of Government Code, Title 5. OpenGovernment; Ethics, Subtitle A. Open Government, Chapter 551. Open Meetings, Subchapter D. Exceptions toRequirement that Meetings be Open, Section 551.072 to deliberate the purchase, exchange, lease, or value ofreal property and Section 551.087 to discuss an offer of financial or other incentive to a company or companieswith whom the City of San Angelo is conducting economic development negotiations and which the City of SanAngelo seeks to have, locate, stay or expand in San AngeloRECESSAt 2:29 P.M., Mayor New called a recess.RECONVENEAt 2:29 P.M., Council reconvened, and the following business was transacted:OPEN SESSION (continued)At 2:36 P.M. City Council concluded the Executive/Closed Session whereupon the following business wastransacted:PUBLIC HEARING AND COMMENTPRESENTATION AND UPDATE ON THE EMPLOYEE WELLNESS PROGRAM AND DIRECTIONFROM CITY COUNCIL ON HOW TO ADDRESS NON-PARTICIPATION IN THE HEALTH RISKASSESSMENT (HRA) AND HEALTH SCREENING WELLNESS PROGRAMHuman Resources Director Lisa Marley presented background information. A copy of the presentation is partof the permanent supplemental minute record.General discussion was held on the pilot committee, the perception of penalizing someone for not participatingin the program, and the ownership of the survey information and data submitted. Ms. Marley explained theprovider, and not the City, was the sole owner of the information.Council directed staff to apply a 20% premium increase to those non-participative employees in the HRA.PRESENTATION AND UPDATE ON THE EARLY RETIREE REINSURANCE PROGRAM (ERRP)Human Resources Director Lisa Marley presented background information. A copy of the presentation is partof the permanent supplemental minute record.TABLING OF THE CONSOLIDATION OF VARIOUS CITY’ BOARDS AND COMMISSIONSParks & RecreationDevelopment ServicesCouncil suggested tabling the item to the next meeting.Motion, to table the time, was made by Councilmember Hirschfeld and seconded by Councilmember Farmer.Motion carried unanimously.FOLLOW UP AND ADMINISTRATIVE ISSUESCONSIDERATION OF MATTERS DISCUSSED IN EXECUTIVE/CLOSED SESSIONNo action was taken on matters discussed in Executive/Closed Session.
  • 13. Page 8 MinutesVol. 103 September 6, 2011CONSIDERATION OF FUTURE AGENDA ITEMSCity Manager Harold Dominguez distributed the proposed September 20, 2011 Agenda and solicited Councilcomments and suggestions.ADJOURNMENTMotion, to adjourn, was made by Councilmember Morrison and seconded by Councilmember Hirschfeld.Motion carried unanimously.The meeting adjourned at 2:41 P.M. THE CITY OF SAN ANGELO ___________________________________ Alvin New, MayorATTEST:_______________________________Alicia Ramirez, City ClerkAnnexes A-HIn accordance with Chapter 2, Article 2.300, of the Official Code of the City of San Angelo, the minutes of thismeeting consist of the preceding Minute Record and the Supplemental Minute Record. Details on Councilmeetings may be obtained from the City Clerk’s Office or a video of the entire meeting may be purchased fromthe Public Information Officer at 481-2727. (Portions of the Supplemental Minute Record video tape recordingmay be distorted due to equipment malfunction or other uncontrollable factors.)
  • 14. City of San AngeloMemo Date: September 16, 2011 To: Mayor and Councilmembers From: LaRonda Trammel, Recreation Supervisor – Senior Division Subject: Agenda Item for September 20, 2011 Council Meeting Contact: LaRonda Trammel Caption: Consent Consideration of awarding “Rec-02-11” Food Products for Senior Services Nutrition program authorizing the Mayor or City Manager to execute any necessary related documents Summary: Award of bid will be for six months with an option to extend for six months if agreeable to both parties for various food supplies under the Senior Services nutrition program. The program provides a hot meal for lunch at the at the Santa Fe Crossing Senior Center, Christian Village, and Plaza Del Sol #2. History: The Nutrition Program has been in existence for 34 years providing meals to seniors of the community. The federal program allows the participants an opportunity to donate based on their ability; the only criteria is that you must be 60 years of age and complete the required paperwork. Financial Impact: Funding is in the FY2011-2012 budget. The Area Agency on Aging of the Concho Valley purchases a set number of meals, which covers the food cost and the cost related to the preparation. Contributions and the general fund dollars cover the meals that are not funded under the Title III C-1, Congregate. The allocated amount for raw food proposed in FY2011-2012 budget is $87,386. Year-to-date actual general fund dollars contributed to the program is $78,091. Related Vision Item n/a (if applicable): Other Information/ Staff recommends the bid be awarded to Ben E. Keith based on the fact that the Recommendation: majority of the lowest priced items were proposed by Ben E. Keith and they provide menus that meet the state requirements. Request Performance Foodservice be the secondary vendor for items. Attached is the proposed cost per item. Attachments: Bid Tabulation Presentation: None Publication: None Reviewed by Carl White, Parks & Recreation, August 31, 2011 Director: Approved by Legal:
  • 15. City of San Angelo Bid Sheet RFB No. REC-02-11 2012 Food Products Ben E. KeithItem COM# Description Brand Unit Size QTY Bid Each $ Extended $ FROZEN FRUITS AND DESSERT1 395-003 Cobbler Cherry (Mrs. Smith) Mrs. Smith 4/5lb 6 $ 31.40 $ 188.402 395-003 Cobbler Peach (Mrs. Smith) Mrs.Smith 4/5lb 17 $ 31.71 $ 539.073 395-003 Dough Cookies Raisn 240/1oz 4 $ 33.99 $ 135.964 395-003 Dough Cookies Sugar 240/1oz 3 $ 28.60 $ 85.805 395-003 Fruit Mix ( frozen) 2/5lb 4 $ 17.88 $ 71.526 395-003 Pie, Apple 11 $ 34.46 $ 379.067 395-003 Pie, Banana Cream 11 $ 30.44 $ 334.848 395-003 Pie Lemon Cream 10" 6/34oz 3 $ 29.98 $ 89.949 395-003 Pie Sweet Potato 6 ct 6 $ 37.50 $ 225.0010 395-003 Pie Pumpkin - 10" prebaked 6/6.5 lb 6 $ 33.74 $ 202.4411 395-003 Strawberries ( whole) Frozen 2/5 lb 6 $ 16.59 $ 99.5412 395-003 Strawberry sliced 4-1 Markon 6/6lb 8oz 6 $ 55.62 $ 333.72 TOTAL FROZEN FRUITS $ 2,685.29 CANNED FRUITS AND DESSERT13 393-053 Apple Sliced N.W. Fancy 6/#10 16 $ 33.22 $ 531.5214 393-053 Applesauce Fcy Unsweetened 6/#10 3 $ 26.88 $ 80.6415 393-053 Apricot Hlvs In Pear Juice 6/#10 12 $ 33.98 $ 407.7616 393-053 Cherry Maraschino 6/1/2 gal 6 $ 52.66 $ 315.9617 393-053 Fruit Cocktail Choice LS Dole 6/#10 27 $ 32.95 $ 889.6518 393-053 Fruit Tropical Lt Syrup Dole 6/#10 6 $ 32.62 $ 195.7219 393-053 Oranges, Marnderine 6/#10 15 $ 32.69 $ 490.3520 393-053 Peach Sliced Irregular LS Dole 6/#10 30 $ 28.20 $ 846.0021 393-053 Pear Halves in Juice 30/35 Dole 6/#10 17 $ 29.98 $ 509.6622 393-053 Pear Sliced Light Syrup Dole 6/#10 16 $ 30.12 $ 481.9223 393-053 Pineapple Chunchs in juice Dole 6/#10 6 $ 29.88 $ 179.2824 393-053 Pineapple ( crushed ) 6/#10 5 $ 30.77 $ 153.8525 393-053 Pineapple Sliced 66 ct Dole 6/#10 12 $ 31.91 $ 382.9226 393-053 Pudding Banana RTS 6/#10 12 $ 29.44 $ 353.2827 393-053 Pudding Chocolate RTS 6/#10 12 $ 27.82 $ 333.8428 393-053 Pudding Tapioca RTS 6/#10 9 $ 28.88 $ 259.9229 393-053 Pudding Vanilla RTS 6/#10 3 $ 29.92 $ 89.76 TOTAL CANNED FRUITS $ 6,502.03 COM# Description Brand Unit Size QTY Bid Each $ Extended $ DAIRY PRODUCTS30 380-075 Cheese Cheddar Shrd Milk Com Source 4/5 lb 4 $ 32.49 $ 129.9631 393-053 Cheese Sauce Mild Cheddar 6/#10 7 $ 43.66 $ 305.6232 393-053 Cheese, Cream 3 lb 4 $ 6.92 $ 27.6833 393-053 Cottage Cheese sm/Lg Curd 4/#5 7 $ 34.60 $ 242.2034 393-053 Ice Cream in a Cup (vanilla) 48ct 4 $ 15.56 $ 62.2435 393-053 Ice Cream in a Cup (sherbert) 48ct 11 $ 14.26 $ 156.8636 393-053 Margarine Reddies 1/12 lb 10 $ 15.88 $ 158.80 Y:COUNCILElectronic Agendas201109-20-11PUR REC-02-11 BID TAB- rev Page 1 of 10
  • 16. 37 393-053 Margarine Solids Pure Veg 30/1 lb 13 $ 24.44 $ 317.7238 380-065 Milk 2% 4/1 Gal 1200 $ 18.46 $ 22,152.0039 393-053 Sour Cream 5lb 11 $ 8.46 $ 93.06 TOTAL DAIRY PRODUCTS $ 23,646.14 Authorized Signature DateY:COUNCILElectronic Agendas201109-20-11PUR REC-02-11 BID TAB- rev Page 2 of 10
  • 17. COM# Description Brand Unit Size QTY Bid Each $ Extended $ PRODUCE40 390-065 Banana 1/40# 10 $ 28.00 $ 280.0041 390-065 Green Cabbage 1/50# 12 $ 16.82 $ 201.8442 390-065 Cole Slaw Mix 4/5# 5 $ 17.60 $ 88.0043 390-065 Salad Mix 4/5# 6 $ 18.43 $ 110.5844 390-065 Lemon Choice 1/7# 8 $ 16.23 $ 129.8445 390-065 Potato Red 1/50# 5 $ 36.20 $ 181.0046 390-065 Potato Russet 1/50# 10 $ 26.72 $ 267.20 TOTAL PRODUCE $ 1,258.46 COM# Description Brand Unit Size QTY Bid Each $ Extended $ JUICE47 390-090 Juice, Lemon 1/1gt 3 $ 8.98 $ 26.9448 390-090 Juice Orange Pure Pack 70/4 oz 3 $ 12.40 $ 37.20 TOTAL JUICE $ 64.14 COM# Description Brand Unit Size QTY Bid Each $ Extended $ BREAD49 375-015 Tortilla flour 6" pressed 24/12ct 4 $ 22.76 $ 91.0450 375-015 Bread, Garlic Toast (slices) 12pkg 17 $ 28.86 $ 490.6251 375-015 Bread Sandwich White Loaf 8/24 oz 31 $ 12.40 $ 384.4052 375-015 Bread Sandwich Wheat Loaf 8/24 oz 150 $ 13.60 $ 2,040.0053 375-015 Bun Hot Dog 12 ct 6/12 ct 4 $ 11.86 $ 47.4454 375-015 Buns Hamburger White 4 Inc 4/12 ct 25 $ 8.66 $ 216.5055 375-015 Dumplings 2/2.5lb 3 $ 19.94 $ 59.8256 375-015 Honey Wheat Rolls Ht & Serv 72ct 68 $ 15.99 $ 1,087.3257 375-015 Hushpuppies reg Round 36/3 oz 6 $ 12.79 $ 76.7458 375-015 Rolls Sweet yeast parbaked 120ct 42 $ 27.69 $ 1,162.98 TOTAL BREAD $ 5,656.86 COM# Description Brand Unit Size QTY Bid Each $ Extended $ DRY GOODS59 393-053 Butter Flavor Oil 3/1 gal 5 $ 36.23 $ 181.1560 375-015 Corn Bread Mix 6/5lb 20 $ 27.62 $ 552.4061 375-015 Cookies Chocolate Chips 1/10 lb 13 $ 20.94 $ 272.2262 375-015 Cookie Oatmeal Homestyle 1/10 lb 5 $ 18.84 $ 94.2063 375-015 Cookies-Oreo 120/2 ct 6 $ 19.96 $ 119.7664 375-015 Cookies Sugar Homestyle 1/10 lb 15 $ 17.74 $ 266.1065 375-015 Cookies Vanilla Wafers 1/5 lb 8 $ 11.99 $ 95.9266 375-015 Cracker Graham 200/2 ct 5 $ 19.65 $ 98.2567 375-015 Flour Hotel & Rest 1/25 lb 4 $ 7.85 $ 31.4068 375-015 Food Release Aerosol 6/14 oz 5 $ 22.99 $ 114.9569 375-015 Gelatin Mix Asst Citrus 12/24 oz 5 $ 26.76 $ 133.8070 375-015 Gelatin Mix Asst Red 12/24 oz 4 $ 26.56 $ 106.2471 375-015 Gravy Mix Brown 6/13 oz 28 $ 17.10 $ 478.8072 375-015 Gravy Mix Pork 6/13 oz 10 $ 24.68 $ 246.8073 375-015 Gravy Mix Peppered Conesto 2/24 oz 9 $ 18.46 $ 166.1474 375-015 Gravy Mix Poultry 6/12 oz 13 $ 21.62 $ 281.0676 375-015 Greens-Turnips 6/#10 8 $ 22.62 $ 180.96Y:COUNCILElectronic Agendas201109-20-11PUR REC-02-11 BID TAB- rev Page 3 of 10
  • 18. 77 375-015 Green Mixed Chopped Fancy 6/ #10 8 $ 23.70 $ 189.6078 390-022 Lemon Pepper 28 oz 3 $ 10.40 $ 31.2079 375-015 Marshmellow 12/1lb 4 $ 17.42 $ 69.6880 390-022 Oats 12/42 oz 3 $ 28.46 $ 85.3881 375-015 Pasta Bowtie 2/5 lb 6 $ 16.49 $ 98.94 Authorized Signature DateY:COUNCILElectronic Agendas201109-20-11PUR REC-02-11 BID TAB- rev Page 4 of 10
  • 19. 82 375-015 Pasta Macaroni Elbow 1/20 lb 4 $ 18.46 $ 73.8483 375-015 Pasta Spaghetti Long 1/20 lb 5 $ 18.46 $ 92.3084 390-022 Pudding Mix-Bread 8/1.27 L 6 $ 23.46 $ 140.7685 375-015 Rice Long Grain 1/25 lb 17 $ 9.69 $ 164.7386 375-015 Rice-Pilaf 6/36 oz 3 $ 26.84 $ 80.5287 390-022 Seasoning Onion Powder 20oz 3 $ 4.95 $ 14.8588 390-022 Seasoning Rotisserie Chicken 24oz 3 $ 11.32 $ 33.9689 390-022 Stuffing Mix 6/3.5lb 4 $ 59.87 $ 239.4890 393-053 Shortening Clear Fry Liquid 1/35 lb 8 $ 25.88 $ 207.0491 393-053 Sugar Light Brown in Bags 12/2 lb 5 $ 24.62 $ 123.1092 393-053 Sugar Pure Cane Grandulated 1/25 lb 20 $ 18.62 $ 372.4093 393-053 Tea Iced Brew Bags Lipton 96/1 oz 12 $ 22.68 $ 272.1694 393-053 Topping Whip Mix 6/16 oz 12 $ 19.42 $ 233.0495 393-053 Vinegar White 40 grain 4/1 gal 4 $ 7.31 $ 29.24 TOTAL DRY GOODS $ 5,972.37 COM# Description Brand Unit Size QTY Bid Each $ Extended $ SOUPS AND SAUCES96 390-025 Chili No Beans 6/#10 4 $ 64.62 $ 258.4897 390-025 Dressing Buttermilk Ranch 4/1 gal 3 $ 38.80 $ 116.4098 390-025 Mayonnaise 4/1 gal 3 $ 29.69 $ 89.0799 390-025 Sauce Hot Louisiana 24/6 oz 11 $ 13.70 $ 150.70100 390-025 Sauce Marinara Chunky RTU 6#10 8 $ 38.13 $ 305.04101 390-025 Sauce Orange 4/.5 gal 4 $ 39.62 $ 158.48102 390-025 Sauce Picante Mild 4/1 gal 7 $ 29.96 $ 209.72103 390-025 Sweet & Sour Sauce 6/1/2gal 4 $ 33.88 $ 135.52104 390-025 Tomato Sauce Fancy Calid 6#10 6 $ 19.00 $ 114.00105 385-002 Tomatoe Diced in Juice 6/#10 9 $ 20.20 $ 181.80 TOTAL SOUPS AND SAUCES $ 1,719.21 COM# Description Brand Unit Size QTY Bid Each $ Extended $ CANNED VEGETABLE106 393-054 Beans Refried 6/#10 11 $ 26.05 $ 286.55107 393-054 Bean Baked Oven Prepared 6/#10 5 $ 36.77 $ 183.85108 393-054 Bean Chuck Wagon Mex Style 6/#10 8 $ 24.86 $ 198.88109 393-054 Bean Green Cut MX/SV 6/#10 10 $ 23.96 $ 239.60110 393-054 Bean Green Lima small 6/#10 3 $ 28.46 $ 85.38111 393-054 Beans- Navy 6/#10 12 $ 23.92 $ 287.04112 393-054 Beans Pinto 6/#10 21 $ 24.62 $ 517.02113 393-054 Beets Sliced Salad 6#10 13 $ 21.76 $ 282.88114 393-054 Onions Dried Minced 3 lb. 18 $ 10.88 $ 195.84115 393-054 Pea Blackeye Fresh Shelled 6/#10 9 $ 24.72 $ 222.48116 393-054 Pepper Diced Red 24/#300 8 $ 31.91 $ 255.28117 393-054 Pickle Dill Hamburger Slices 1/1 gal 4 $ 5.88 $ 23.52118 393-054 Potato Au Gratin 20Lb 4 $ 47.76 $ 191.04119 393-054 Potato-Pearl 6/3.5 oz 11 $ 44.90 $ 493.90120 393-054 Potato Scalloped 24/7 oz 5 $ 46.46 $ 232.30121 393-054 Potaot Sweet LA cut Fancy 6/#10 25 $ 30.88 $ 772.00122 393-054 Potato Salad 2/12# 15 $ 34.76 $ 521.40123 393-054 Potato Sliced New 6/#10 8 $ 23.76 $ 190.08124 393-054 Potato Whole New Diced 6/#10 4 $ 23.76 $ 95.04 Y:COUNCILElectronic Agendas201109-20-11PUR REC-02-11 BID TAB- rev Page 5 of 10
  • 20. 125 393-054 Spinach Chopped Fancy 6/#10 23 $ 21.86 $ 502.78126 393-054 Tomatoes-Stewed 6/#10 9 $ 21.86 $ 196.74 TOTAL CANNED VEGETABLE $ 5,973.60 Authorized Signature Date Y:COUNCILElectronic Agendas201109-20-11PUR REC-02-11 BID TAB- rev Page 6 of 10
  • 21. COM# Description Brand Unit Size QTY Bid Each $ Extended $ MEAT PRECOOKED127 390-020 Pork Diced Boneless 1/10 lb 8 $ 26.46 $ 211.68128 393-054 Tuna Chunk in Water 6/66.5 oz 4 $ 54.56 $ 218.24 TOTAL MEAT PRECOOKED $ 429.92 COM# Description Brand Unit Size QTY Bid Each $ Extended $ FROZEN VEGETABLES129 385-002 Baby Lima Beans 12/2.5 lb 3 $ 35.35 $ 106.05130 385-005 Bean Green Italian Cut 12/2 lb 20 $ 26.20 $ 524.00131 385-005 Bean, Green Regular 12/2 lb 12 $ 22.88 $ 274.56132 385-005 Bean Green Whole 12/2 lb 15 $ 26.92 $ 403.80133 385-002 Broccoli Cuts 1/20 lb 8 $ 18.44 $ 147.52134 385-002 Broccoli Flore 12/2 lb 13 $ 33.76 $ 438.88135 385-002 Broccoli Spear 12/2 lb 2 $ 26.83 $ 53.66136 385-002 Brussel Sprouts Medium 12/2 lb 8 $ 29.69 $ 237.52137 385-002 Carrots Baby Whiole 1/20 lb 12 $ 22.88 $ 274.56138 385-002 Carrots Crinkle Cut 1/20 lb 13 $ 16.70 $ 217.10139 385-002 Carrots Smooth Sliced 1/20 lb 8 $ 16.62 $ 132.96140 385-002 Cauliflower IQF 1/20 lb 6 $ 20.89 $ 125.34141 385-005 Corn Cut 12/2.5 lb 24 $ 18.69 $ 448.56142 385-002 Corn Fire Roast 1/20 lb 5 $ 28.65 $ 143.25143 385-002 French Fries 6/5 lb 2 $ 17.63 $ 35.26144 385-002 Green Collard 12/3 lb 2 $ 27.62 $ 55.24145 385-002 Hashbrown County 6/6 lb 2 $ 33.42 $ 66.84146 385-002 Okra Cut Half Inch (Breaded) 1/20 lb 3 $ 16.88 $ 50.64147 385-002 Okra Cut Half Inch (unbreaded) 12/2 lb 8 $ 23.86 $ 190.88148 385-002 Spinach Chopped 12/3 lb 4 $ 28.86 $ 115.44149 385-002 Pea Green 1/20 lb 35 $ 18.69 $ 654.15150 385-002 Potato Wedge 6/5 lb 5 $ 32.96 $ 164.80151 385-002 Potato Roasted 4/3 lb 4 $ 21.41 $ 85.64152 385-002 Potato Diced 4/3 lb 6 $ 36.88 $ 221.28153 385-002 Squash Yellow Sliced IGF 12/2 lb 37 $ 23.60 $ 873.20154 385-002 Squash Zucchini Sliced IQF 12/2 lb 22 $ 23.62 $ 519.64155 385-002 Vegetable Blend California 1/20 lb 26 $ 20.66 $ 537.16156 385-002 Vegetable Corn & Pepper 6/2.5 lb 8 $ 27.99 $ 223.92157 385-002 Vegetable Blend - Caribbean 6/4 lb 10 $ 31.48 $ 314.80158 385-002 Vegetable Blend Peas & Carrots 1/20 lb 13 $ 17.91 $ 232.83159 385-005 Vegetable Blend - Normandy 6/4 lb 13 $ 32.88 $ 427.44160 385-002 Vegetable Stir Fry 12/2 lb 2 $ 28.79 $ 57.58161 385-005 Vegetable Venetitian 6/4 lb 5 $ 36.96 $ 184.80162 385-005 Vegetable Blend - Winter Mix 1/20 lb 14 $ 21.76 $ 304.64163 385-002 Vegetable Mixed 5-way 1/20 lb 38 $ 17.94 $ 681.72 TOTAL FROZEN VEGETABLES $ 9,525.66 COM# Description Brand Unit Size QTY Bid Each $ Extended $ MEATS164 390-020 Beef Salisbury Charbroiled 80/3 oz 13 $ 45.88 $ 596.44165 390-020 Beef Steak Chopped Carbroiled 76/3 oz 39 $ 40.62 $ 1,584.18166 390-020 Beef Steak Finger PC 160/1 oz 5 $ 22.62 $ 113.10167 390-020 Beef Steak Fritter 4/1 40/4 oz 4 $ 22.91 $ 91.64 Y:COUNCILElectronic Agendas201109-20-11PUR REC-02-11 BID TAB- rev Page 7 of 10
  • 22. 168 390-020 Brisket Ch Heavy Bnls 6/11 #up 7 $ 2.18 $ 15.26169 390-020 Burrito Beef & Beans 72/3.25 oz 5 $ 37.46 $ 187.30170 390-020 Enchilada Beef IQF 90/1.75 oz 10 $ 26.74 $ 267.40 Authorized Signature Date Y:COUNCILElectronic Agendas201109-20-11PUR REC-02-11 BID TAB- rev Page 8 of 10
  • 23. 171 390-020 Ham Buffet Smoked H&W 2/10-12#CW 14 $ 1.99 $ 27.86172 390-020 Lasagna-meat 4/96 oz 16 $ 63.62 $ 1,017.92173 390-020 Meatball Charbroiled Cn 320/0.5 oz 17 $ 30.60 $ 520.20174 390-020 Meatloaf Portioned PC 76/3.20 oz 15 $ 43.62 $ 654.30175 390-020 Pork Fritters 50/3 oz 12 $ 26.99 $ 323.88176 390-020 Salmon Croquet 53/3 oz 8 $ 37.96 $ 303.68177 390-020 Stuffed Pepper 4/5 lb 24 $ 51.16 $ 1,227.84178 390-020 Tamale-Pork 2/5 doz 15 $ 26.88 $ 403.20 TOTAL MEATS $ 5,075.60 COM# Description Brand Unit Size QTY Bid Each $ Extended $ RAW MEATS179 390-020 BBQ Beef Chopped w/a6% TVP 4/5 lb 7 $ 48.23 $ 337.61180 390-020 Beef Ground Fine 80/20 16/#5 pkg 16 $ 1.98 $ 31.68181 390-020 Beef Patties 75/25 - 4/1 40/4 oz 53 $ 20.66 $ 1,094.98182 390-020 Beef Stew Meat 1/10 lb 9 $ 37.62 $ 338.58183 390-020 Beef Tips Frozen 1/10 lb 29 $ 47.69 $ 1,383.01184 390-020 Catfish Fillet 4oz BRD 40/4 oz 26 $ 53.55 $ 1,392.30185 390-020 Chicken Breast BLSLv40 oz IF 2/5 lb 104 $ 21.88 $ 2,275.52186 390-020 Chicken Breast Strips 2/5 lb 24 $ 19.85 $ 476.40187 390-020 Chicken Diced 3/4" IQF 1/10 lb 63 $ 30.94 $ 1,949.22188 390-020 Chicken Drumstick IQF Raw 96/3.5 oz 21 $ 41.66 $ 874.86189 390-020 Chicken Fajita Thigh Meat 2/5 lb 23 $ 37.60 $ 864.80190 390-020 Chicken Thigh IQF 96/4.2 oz 21 $ 47.69 $ 1,001.49191 390-020 Cod-Loin Fillet 40/4oz 15 $ 43.88 $ 658.20192 390-020 Pollock Fish Sticks 1/10lbs 3 $ 24.00 $ 72.00193 390-020 Pork Chops Center Cut 4 oz 40/4 oz 45 $ 30.18 $ 1,358.10194 390-020 Pork Loin Roast 40Lbs 10 $ 2.94 $ 29.40195 390-020 Tilapia Fillet 1/10 lbs 32 $ 33.77 $ 1,080.64196 390-020 Turkey Hen 10-12 4/10-12 CW 5 $ 1.14 $ 5.70197 390-020 Turkey Breast SKNLS 2/10lbs 27 $ 3.45 $ 93.15198 390-020 Turkey Toms 24/26 lb 2/24-#26 CW 5 $ 1.33 $ 6.65 TOTAL RAW MEATS $ 15,324.29 INVENTORY SUMMERY FROZEN FRUITS AND DESSERT $ 2,685.29 CANNED FRUITS AND DESSERT $ 6,502.03 DAIRY PRODUCTS $ 23,646.14 PRODUCE $ 1,258.46 JUICE $ 64.14 BREAD $ 5,656.86 DRY GOODS $ 5,972.37 SOUPS AND SAUCES $ 1,719.21 CANNED VEGETABLE $ 5,973.60 MEAT PRECOOKED $ 429.92 FROZEN VEGETABLES $ 9,525.66 MEATS $ 5,075.60 RAW MEATS $ 15,324.29 GRAND TOTAL $ 83,833.57 Estimated Delivery Time (In Calendar Days): Y:COUNCILElectronic Agendas201109-20-11PUR REC-02-11 BID TAB- rev Page 9 of 10
  • 24. Payment Discount: Authorized Signature DateY:COUNCILElectronic Agendas201109-20-11PUR REC-02-11 BID TAB- rev Page 10 of 10
  • 25. City of San AngeloMemo Date: 8/26/11 To: Mayor and Councilmembers From: Chief Tim Vasquez Subject: Agenda Item for September 20, 2011 Council Meeting Contact: Chief Tim Vasquez, 657-4336 Caption: Consent Item Consideration of adopting a Resolution by the San Angelo City Council accepting the U.S. Department of Justice FY 2011 Justice Assistance Grant in the sum of Thirty-Three Thousand Six Hundred Twenty-Nine and NO/100 Dollars ($33,629.00), and authorizing the City Manager or his designee to execute such grant award and related documents as may be necessary or convenient for acceptance of the grant Summary: The U.S. Department of Justice announced that the City of San Angelo Police Department has been awarded funds from the FY 2011 Justice Assistance Grant. The grant is designed to help fund state and local initiatives, technical assistance, training, personnel, equipment, supplies, contractual support. The City of San Angelo and Tom Green County are awarded $33,629 jointly from the grant. The funds are divided by the number of authorized positions per department. The Police Department will receive $25,929 and the Tom Green County Sheriff’s Office will receive $7,700. The San Angelo Police Department will purchase mobile transportation units, digital cameras, and a camcorder. The Tom Green County Sheriff’s Office will purchase emergency light systems for vehicles and portable radios. History: The City and County have been receiving this grant since 2005. City Council approved applying for this grant and the Interlocal Agreement between the City of San Angelo and Tom Green County for this grant on July 5, 2011. Financial Impact: Tom Green County and the City of San Angelo are awarded $33,629. $7,700 is for the County to purchase emergency light systems for vehicles and portable radios. The remaining $25,929 will be utilized by the Police Department to purchase mobile transportation units, digital cameras, and a camcorder. There is no match requirement for this grant. Related Vision Item (if applicable): N/A Other Information/Recommendation: Staff recommends approval Attachments: Grant Agreement and Resolution Presentation: None Publication: N/A Reviewed by Director: Chief Tim Vasquez, Police Department, August 26, 2011
  • 26. A RESOLUTION BY THE SAN ANGELO CITY COUNCIL ACCEPTING THE U.S. DEPARTMENT OF JUSTICE FY 2011 JUSTICE ASSISTANCE GRANT IN THE SUM OF THIRTY-THREE THOUSAND SIX HUNDRED TWENTY- NINE AND NO/100 DOLLARS ($33,629.00), AND AUTHORIZING THE CITY MANAGER OR HIS DESIGNEE TO EXECUTE SUCH GRANT AWARD AND RELATED DOCUMENTS AS MAY BE NECESSARY OR CONVENIENT FOR ACCEPTANCE OF THE GRANT WHEREAS, the City of San Angelo applied for and has been awarded jointly withTom Green County a U.S. Department of Justice FY 2011 Edward Byrne Memorial JusticeAssistance Grant (JAG) in the amount of Thirty-Three Thousand Six Hundred Twenty-Nineand No/100 Dollars ($33,629.00) for purposes of funding local initiatives, technicalassistance, training, personnel, equipment, supplies, and contractual support; and, WHEREAS, the portion of the award to be received by the City of San Angelo isTwenty-Five Thousand Nine Hundred Twenty-Nine and No/100 Dollars ($25,929.00); and, WHEREAS, the grant application and award is recurring and has been accepted andso utilized in the past: NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF SANANGELO, TEXAS THAT: That the award of the U.S. Department of Justice FY 2011 Justice Assistance Grantjointly to the City of San Angelo and Tom Green County in the sum of Thirty-ThreeThousand Six Hundred Twenty-Nine and No/100 Dollars ($33,629.00), Twenty-FiveThousand Nine Hundred Twenty-Nine and No/100 Dollars ($25,929.00) of which will bereceived by the San Angelo Police Department, is hereby accepted. The City Manager orhis designee is hereby authorized to execute such grant award and related documents asmay be necessary or convenient to accept the grant funds and provide for their applicationfor the purposes stated. PASSED and APPROVED THIS DAY OF , 2011. CITY OF SAN ANGELO, TEXASATTEST: Alvin New, MayorAlicia Ramirez, City ClerkAPPROVED AS TO CONTENT APPROVED AS TO FORMTim Vasquez Lysia H. BowlingChief, San Angelo Police Department City Attorney
  • 27. Department of Justice Office of Justice Programs Bureau of Justice AssistanceOffice of Justice Programs Washington, D.C. 20531August 24, 2011Mr. Harold DominguezCity of San Angelo115 W 1st StreetP.O. Box 1751San Angelo, TX 76903Dear Mr. Dominguez:On behalf of Attorney General Eric Holder, it is my pleasure to inform you that the Office of Justice Programs has approvedyour application for funding under the FY 11 Edward Byrne Memorial Justice Assistance Grant (JAG) Program LocalSolicitation in the amount of $33,629 for City of San Angelo.Enclosed you will find the Grant Award and Special Conditions documents. This award is subject to all administrative andfinancial requirements, including the timely submission of all financial and programmatic reports, resolution of all interimaudit findings, and the maintenance of a minimum level of cash-on-hand. Should you not adhere to these requirements, youwill be in violation of the terms of this agreement and the award will be subject to termination for cause or other administrativeaction as appropriate.If you have questions regarding this award, please contact: - Program Questions, Carrie Booth, Program Manager at (202) 305-7426; and - Financial Questions, the Office of the Chief Financial Officer, Customer Service Center (CSC) at (800) 458-0786, or you may contact the CSC at ask.ocfo@usdoj.gov.Congratulations, and we look forward to working with you.Sincerely,Denise ODonnellDirectorEnclosures
  • 28. Department of Justice Office of Justice Programs Office for Civil Rights Washington, D.C. 20531August 24, 2011Mr. Harold DominguezCity of San Angelo115 W 1st StreetP.O. Box 1751San Angelo, TX 76903Dear Mr. Dominguez:Congratulations on your recent award. In establishing financial assistance programs, Congress linked the receipt of Federal funding tocompliance with Federal civil rights laws. The Office for Civil Rights (OCR), Office of Justice Programs (OJP), U.S. Department of Justiceis responsible for ensuring that recipients of financial aid from OJP, its component offices and bureaus, the Office on Violence AgainstWomen (OVW), and the Office of Community Oriented Policing Services (COPS) comply with applicable Federal civil rights statutes andregulations. We at OCR are available to help you and your organization meet the civil rights requirements that come with JusticeDepartment funding.Ensuring Access to Federally Assisted ProgramsAs you know, Federal laws prohibit recipients of financial assistance from discriminating on the basis of race, color, national origin,religion, sex, or disability in funded programs or activities, not only in respect to employment practices but also in the delivery of services orbenefits. Federal law also prohibits funded programs or activities from discriminating on the basis of age in the delivery of services orbenefits.Providing Services to Limited English Proficiency (LEP) IndividualsIn accordance with Department of Justice Guidance pertaining to Title VI of the Civil Rights Act of 1964, 42 U.S.C. § 2000d, recipients ofFederal financial assistance must take reasonable steps to provide meaningful access to their programs and activities for persons with limitedEnglish proficiency (LEP). For more information on the civil rights responsibilities that recipients have in providing language services toLEP individuals, please see the website at http://www.lep.gov.Ensuring Equal Treatment for Faith-Based OrganizationsThe Department of Justice has published a regulation specifically pertaining to the funding of faith-based organizations. In general, theregulation, Participation in Justice Department Programs by Religious Organizations; Providing for Equal Treatment of all JusticeDepartment Program Participants, and known as the Equal Treatment Regulation 28 C.F.R. part 38, requires State Administering Agenciesto treat these organizations the same as any other applicant or recipient. The regulation prohibits State Administering Agencies from makingaward or grant administration decisions on the basis of an organizations religious character or affiliation, religious name, or the religiouscomposition of its board of directors.The regulation also prohibits faith-based organizations from using financial assistance from the Department of Justice to fund inherentlyreligious activities. While faith-based organizations can engage in non-funded inherently religious activities, they must be held separatelyfrom the Department of Justice funded program, and customers or beneficiaries cannot be compelled to participate in them. The EqualTreatment Regulation also makes clear that organizations participating in programs funded by the Department of Justice are not permitted todiscriminate in the provision of services on the basis of a beneficiarys religion. For more information on the regulation, please see OCRswebsite at http://www.ojp.usdoj.gov/ocr/etfbo.htm.State Administering Agencies and faith-based organizations should also note that the Safe Streets Act, as amended; the Victims of CrimeAct, as amended; and the Juvenile Justice and Delinquency Prevention Act, as amended, contain prohibitions against discrimination on thebasis of religion in employment. Despite these nondiscrimination provisions, the Justice Department has concluded that the ReligiousFreedom Restoration Act (RFRA) is reasonably construed, on a case-by-case basis, to require that its funding agencies permit faith-basedorganizations applying for funding under the applicable program statutes both to receive DOJ funds and to continue considering religionwhen hiring staff, even if the statute that authorizes the funding program generally forbids considering of religion in employment decisionsby grantees.Questions about the regulation or the application of RFRA to the statutes that prohibit discrimination in employment may be directed to thisOffice.
  • 29. Enforcing Civil Rights LawsAll recipients of Federal financial assistance, regardless of the particular funding source, the amount of the grant award, or the number ofemployees in the workforce, are subject to the prohibitions against unlawful discrimination. Accordingly, OCR investigates recipients thatare the subject of discrimination complaints from both individuals and groups. In addition, based on regulatory criteria, OCR selects anumber of recipients each year for compliance reviews, audits that require recipients to submit data showing that they are providing servicesequitably to all segments of their service population and that their employment practices meet equal employment opportunity standards.Complying with the Safe Streets Act or Program RequirementsIn addition to these general prohibitions, an organization which is a recipient of financial assistance subject to the nondiscriminationprovisions of the Omnibus Crime Control and Safe Streets Act (Safe Streets Act) of 1968, 42 U.S.C. § 3789d(c), or other Federal grantprogram requirements, must meet two additional requirements:(1) complying with Federal regulations pertaining to the development of anEqual Employment Opportunity Plan (EEOP), 28 C.F.R. § 42.301-.308, and (2) submitting to OCR Findings of Discrimination (see 28C.F.R. §§ 42.205(5) or 31.202(5)). 1) Meeting the EEOP RequirementIn accordance with Federal regulations, Assurance No. 6 in the Standard Assurances, COPS Assurance No. 8.B, or certain Federal grantprogram requirements, your organization must comply with the following EEOP reporting requirements:If your organization has received an award for $500,000 or more and has 50 or more employees (counting both full- and part-timeemployees but excluding political appointees), then it has to prepare an EEOP and submit it to OCR for review within 60 days from thedate of this letter. For assistance in developing an EEOP, please consult OCRs website at http://www.ojp.usdoj.gov/ocr/eeop.htm. Youmay also request technical assistance from an EEOP specialist at OCR by dialing (202) 616-3208.If your organization received an award between $25,000 and $500,000 and has 50 or more employees, your organization still has to preparean EEOP, but it does not have to submit the EEOP to OCR for review. Instead, your organization has to maintain the EEOP on file andmake it available for review on request. In addition, your organization has to complete Section B of the Certification Form and return it toOCR. The Certification Form can be found at http://www.ojp.usdoj.gov/ocr/eeop.htm.If your organization received an award for less than $25,000; or if your organization has less than 50 employees, regardless of the amount ofthe award; or if your organization is a medical institution, educational institution, nonprofit organization or Indian tribe, then yourorganization is exempt from the EEOP requirement. However, your organization must complete Section A of the Certification Form andreturn it to OCR. The Certification Form can be found at http://www.ojp.usdoj.gov/ocr/eeop.htm. 2) Submitting Findings of DiscriminationIn the event a Federal or State court or Federal or State administrative agency makes an adverse finding of discrimination against yourorganization after a due process hearing, on the ground of race, color, religion, national origin, or sex, your organization must submit a copyof the finding to OCR for review.Ensuring the Compliance of SubrecipientsIf your organization makes subawards to other agencies, you are responsible for assuring that subrecipients also comply with all of theapplicable Federal civil rights laws, including the requirements pertaining to developing and submitting an EEOP, reporting Findings ofDiscrimination, and providing language services to LEP persons. State agencies that make subawards must have in place standard grantassurances and review procedures to demonstrate that they are effectively monitoring the civil rights compliance of subrecipients.If we can assist you in any way in fulfilling your civil rights responsibilities as a recipient of Federal funding, please call OCR at (202) 307-0690 or visit our website at http://www.ojp.usdoj.gov/ocr/. Sincerely, Michael L. Alston Director cc: Grant Manager Financial Analyst
  • 30. Department of Justice Office of Justice Programs PAGE 1 OF 6 Bureau of Justice Assistance Grant 1. RECIPIENT NAME AND ADDRESS (Including Zip Code) 4. AWARD NUMBER: 2011-DJ-BX-3006 City of San Angelo 115 W 1st Street P.O. Box 1751 5. PROJECT PERIOD: FROM 10/01/2010 TO 09/30/2014 San Angelo, TX 76903 BUDGET PERIOD: FROM 10/01/2010 TO 09/30/2014 6. AWARD DATE 08/24/2011 7. ACTION 1A. GRANTEE IRS/VENDOR NO. 8. SUPPLEMENT NUMBER Initial 756000659 00 9. PREVIOUS AWARD AMOUNT $0 3. PROJECT TITLE 10. AMOUNT OF THIS AWARD $ 33,629 Public Safety Equipment Project 11. TOTAL AWARD $ 33,629 12. SPECIAL CONDITIONS THE ABOVE GRANT PROJECT IS APPROVED SUBJECT TO SUCH CONDITIONS OR LIMITATIONS AS ARE SET FORTH ON THE ATTACHED PAGE(S). 13. STATUTORY AUTHORITY FOR GRANT This project is supported under FY11(BJA - JAG) 42 USC 3750, et seq. 15. METHOD OF PAYMENT GPRS AGENCY APPROVAL GRANTEE ACCEPTANCE 16. TYPED NAME AND TITLE OF APPROVING OFFICIAL 18. TYPED NAME AND TITLE OF AUTHORIZED GRANTEE OFFICIAL Denise ODonnell Harold Dominguez City Manager Director 17. SIGNATURE OF APPROVING OFFICIAL 19. SIGNATURE OF AUTHORIZED RECIPIENT OFFICIAL 19A. DATE AGENCY USE ONLY 20. ACCOUNTING CLASSIFICATION CODES 21. KDJUGT1232 FISCAL FUND BUD. DIV. YEAR CODE ACT. OFC. REG. SUB. POMS AMOUNT X B DJ 80 00 00 33629OJP FORM 4000/2 (REV. 5-87) PREVIOUS EDITIONS ARE OBSOLETE.OJP FORM 4000/2 (REV. 4-88)
  • 31. Department of Justice Office of Justice Programs AWARD CONTINUATION Bureau of Justice Assistance SHEET PAGE 2 OF 6 Grant PROJECT NUMBER 2011-DJ-BX-3006 AWARD DATE 08/24/2011 SPECIAL CONDITIONS 1. The recipient agrees to comply with the financial and administrative requirements set forth in the current edition of the Office of Justice Programs (OJP) Financial Guide. 2. The recipient acknowledges that failure to submit an acceptable Equal Employment Opportunity Plan (if recipient is required to submit one pursuant to 28 C.F.R. Section 42.302), that is approved by the Office for Civil Rights, is a violation of its Certified Assurances and may result in suspension or termination of funding, until such time as the recipient is in compliance. 3. The recipient agrees to comply with the organizational audit requirements of OMB Circular A-133, Audits of States, Local Governments, and Non-Profit Organizations, and further understands and agrees that funds may be withheld, or other related requirements may be imposed, if outstanding audit issues (if any) from OMB Circular A-133 audits (and any other audits of OJP grant funds) are not satisfactorily and promptly addressed, as further described in the current edition of the OJP Financial Guide. 4. Recipient understands and agrees that it cannot use any federal funds, either directly or indirectly, in support of the enactment, repeal, modification or adoption of any law, regulation or policy, at any level of government, without the express prior written approval of OJP. 5. The recipient must promptly refer to the DOJ OIG any credible evidence that a principal, employee, agent, contractor, subgrantee, subcontractor, or other person has either 1) submitted a false claim for grant funds under the False Claims Act; or 2) committed a criminal or civil violation of laws pertaining to fraud, conflict of interest, bribery, gratuity, or similar misconduct involving grant funds. This condition also applies to any subrecipients. Potential fraud, waste, abuse, or misconduct should be reported to the OIG by - mail: Office of the Inspector General U.S. Department of Justice Investigations Division 950 Pennsylvania Avenue, N.W. Room 4706 Washington, DC 20530 e-mail: oig.hotline@usdoj.gov hotline: (contact information in English and Spanish): (800) 869-4499 or hotline fax: (202) 616-9881 Additional information is available from the DOJ OIG website at www.usdoj.gov/oig. 6. Recipient understands and agrees that it cannot use any federal funds, either directly or indirectly, in support of any contract or subaward to either the Association of Community Organizations for Reform Now (ACORN) or its subsidiaries, without the express prior written approval of OJP. 7. The recipient agrees to comply with any additional requirements that may be imposed during the grant performance period if the agency determines that the recipient is a high-risk grantee. Cf. 28 C.F.R. parts 66, 70.OJP FORM 4000/2 (REV. 4-88)
  • 32. Department of Justice Office of Justice Programs AWARD CONTINUATION Bureau of Justice Assistance SHEET PAGE 3 OF 6 Grant PROJECT NUMBER 2011-DJ-BX-3006 AWARD DATE 08/24/2011 SPECIAL CONDITIONS 8. Pursuant to Executive Order 13513, "Federal Leadership on Reducing Text Messaging While Driving," 74 Fed. Reg. 51225 (October 1, 2009), the Department encourages recipients and sub recipients to adopt and enforce policies banning employees from text messaging while driving any vehicle during the course of performing work funded by this grant, and to establish workplace safety policies and conduct education, awareness, and other outreach to decrease crashes caused by distracted drivers. 9. The recipient agrees to comply with applicable requirements regarding Central Contractor Registration (CCR) and applicable restrictions on subawards to first-tier subrecipients that do not acquire and provide a Data Universal Numbering System (DUNS) number. The details of recipient obligations are posted on the Office of Justice Programs web site at http://www.ojp.gov/funding/ccr.htm (Award condition: Central Contractor Registration and Universal Identifier Requirements), and are incorporated by reference here. This special condition does not apply to an award to an individual who received the award as a natural person (i.e., unrelated to any business or non-profit organization that he or she may own or operate in his or her name). 10. The recipient agrees to comply with applicable requirements to report first-tier subawards of $25,000 or more and, in certain circumstances, to report the names and total compensation of the five most highly compensated executives of the recipient and first-tier subrecipients of award funds. Such data will be submitted to the FFATA Subaward Reporting System (FSRS). The details of recipient obligations, which derive from the Federal Funding Accountability and Transparency Act of 2006 (FFATA), are posted on the Office of Justice Programs web site at http://www.ojp.gov/funding/ffata.htm (Award condition: Reporting Subawards and Executive Compensation), and are incorporated by reference here. This condition, and its reporting requirement does not apply to grant awards made to an individual who received the award as a natural person (i.e., unrelated to any business or non-profit organization that he or she may own operate in his or her name). 11. The recipient is required to establish a trust fund account. (The trust fund may or may not be an interest-bearing account.) The fund, including any interest, may not be used to pay debts or expenses incurred by other activities beyond the scope of the Edward Byrne Memorial Justice Assistance Grant Program (JAG). The recipient also agrees to obligate and expend the grant funds in the trust fund (including any interest earned) during the period of the grant. Grant funds (including any interest earned) not expended by the end of the grant period must be returned to the Bureau of Justice Assistance no later than 90 days after the end of the grant period, along with the final submission of the Federal Financial Report (SF-425). 12. To avoid duplicating existing networks or IT systems in any initiatives funded by BJA for law enforcement information sharing systems which involve interstate connectivity between jurisdictions, such systems shall employ, to the extent possible, existing networks as the communication backbone to achieve interstate connectivity, unless the grantee can demonstrate to the satisfaction of BJA that this requirement would not be cost effective or would impair the functionality of an existing or proposed IT system. 13. To support public safety and justice information sharing, OJP requires the grantee to use the National Information Exchange Model (NIEM) specifications and guidelines for this particular grant. Grantee shall publish and make available without restriction all schemas generated as a result of this grant to the component registry as specified in the guidelines. For more information on compliance with this special condition, visit http://www.niem.gov/implementationguide.php.OJP FORM 4000/2 (REV. 4-88)
  • 33. Department of Justice Office of Justice Programs AWARD CONTINUATION Bureau of Justice Assistance SHEET PAGE 4 OF 6 Grant PROJECT NUMBER 2011-DJ-BX-3006 AWARD DATE 08/24/2011 SPECIAL CONDITIONS 14. The grantee agrees to assist BJA in complying with the National Environmental Policy Act (NEPA), the National Historic Preservation Act, and other related federal environmental impact analyses requirements in the use of these grant funds, either directly by the grantee or by a subgrantee. Accordingly, the grantee agrees to first determine if any of the following activities will be funded by the grant, prior to obligating funds for any of these purposes. If it is determined that any of the following activities will be funded by the grant, the grantee agrees to contact BJA. The grantee understands that this special condition applies to its following new activities whether or not they are being specifically funded with these grant funds. That is, as long as the activity is being conducted by the grantee, a subgrantee, or any third party and the activity needs to be undertaken in order to use these grant funds, this special condition must first be met. The activities covered by this special condition are: a. New construction; b. Minor renovation or remodeling of a property located in an environmentally or historically sensitive area, including properties located within a 100-year flood plain, a wetland, or habitat for endangered species, or a property listed on or eligible for listing on the National Register of Historic Places; c. A renovation, lease, or any proposed use of a building or facility that will either (a) result in a change in its basic prior use or (b) significantly change its size; d. Implementation of a new program involving the use of chemicals other than chemicals that are (a) purchased as an incidental component of a funded activity and (b) traditionally used, for example, in office, household, recreational, or education environments; and e. Implementation of a program relating to clandestine methamphetamine laboratory operations, including the identification, seizure, or closure of clandestine methamphetamine laboratories. The grantee understands and agrees that complying with NEPA may require the preparation of an Environmental Assessment and/or an Environmental Impact Statement, as directed by BJA. The grantee further understands and agrees to the requirements for implementation of a Mitigation Plan, as detailed at http://www.ojp.usdoj.gov/BJA/resource/nepa.html, for programs relating to methamphetamine laboratory operations. Application of This Special Condition to Grantees Existing Programs or Activities: For any of the grantees or its subgrantees existing programs or activities that will be funded by these grant funds, the grantee, upon specific request from BJA, agrees to cooperate with BJA in any preparation by BJA of a national or program environmental assessment of that funded program or activity. 15. The recipient agrees that any information technology system funded or supported by OJP funds will comply with 28 C.F.R. Part 23, Criminal Intelligence Systems Operating Policies, if OJP determines this regulation to be applicable. Should OJP determine 28 C.F.R. Part 23 to be applicable, OJP may, at its discretion, perform audits of the system, as per the regulation. Should any violation of 28 C.F.R. Part 23 occur, the recipient may be fined as per 42 U.S.C. 3789g(c)-(d). Recipient may not satisfy such a fine with federal funds. 16. The recipient agrees to ensure that the State Information Technology Point of Contact receives written notification regarding any information technology project funded by this grant during the obligation and expenditure period. This is to facilitate communication among local and state governmental entities regarding various information technology projects being conducted with these grant funds. In addition, the recipient agrees to maintain an administrative file documenting the meeting of this requirement. For a list of State Information Technology Points of Contact, go to http://www.it.ojp.gov/default.aspx?area=policyAndPractice&page=1046.OJP FORM 4000/2 (REV. 4-88)
  • 34. Department of Justice Office of Justice Programs AWARD CONTINUATION Bureau of Justice Assistance SHEET PAGE 5 OF 6 Grant PROJECT NUMBER 2011-DJ-BX-3006 AWARD DATE 08/24/2011 SPECIAL CONDITIONS 17. The grantee agrees to comply with the applicable requirements of 28 C.F.R. Part 38, the Department of Justice regulation governing "Equal Treatment for Faith Based Organizations" (the "Equal Treatment Regulation"). The Equal Treatment Regulation provides in part that Department of Justice grant awards of direct funding may not be used to fund any inherently religious activities, such as worship, religious instruction, or proselytization. Recipients of direct grants may still engage in inherently religious activities, but such activities must be separate in time or place from the Department of Justice funded program, and participation in such activities by individuals receiving services from the grantee or a sub-grantee must be voluntary. The Equal Treatment Regulation also makes clear that organizations participating in programs directly funded by the Department of Justice are not permitted to discriminate in the provision of services on the basis of a beneficiarys religion. Notwithstanding any other special condition of this award, faith- based organizations may, in some circumstances, consider religion as a basis for employment. See http://www.ojp.gov/about/ocr/equal_fbo.htm. 18. The recipient acknowledges that all programs funded through subawards, whether at the state or local levels, must conform to the grant program requirements as stated in BJA program guidance. 19. Grantee agrees to comply with the requirements of 28 C.F.R. Part 46 and all Office of Justice Programs policies and procedures regarding the protection of human research subjects, including obtainment of Institutional Review Board approval, if appropriate, and subject informed consent. 20. Grantee agrees to comply with all confidentiality requirements of 42 U.S.C. section 3789g and 28 C.F.R. Part 22 that are applicable to collection, use, and revelation of data or information. Grantee further agrees, as a condition of grant approval, to submit a Privacy Certificate that is in accord with requirements of 28 C.F.R. Part 22 and, in particular, section 22.23. 21. The recipient agrees that funds received under this award will not be used to supplant State or local funds, but will be used to increase the amounts of such funds that would, in the absence of Federal funds, be made available for law enforcement activities. 22. Award recipients must submit quarterly a Federal Financial Report (SF-425) and annual performance reports through GMS (https://grants.ojp.usdoj.gov). Consistent with the Departments responsibilities under the Government Performance and Results Act (GPRA), P.L. 103-62, applicants who receive funding under this solicitation must provide data that measure the results of their work. Therefore, quarterly performance metrics reports must be submitted through BJAs Performance Measurement Tool (PMT) website (www.bjaperformancetools.org). For more detailed information on reporting and other JAG requirements, refer to the JAG reporting requirements webpage. Failure to submit required JAG reports by established deadlines may result in the freezing of grant funds and future High Risk designation. 23. The recipient agrees to monitor subawards under this JAG award in accordance with all applicable statutes, regulations, OMB circulars, and guidelines, including the OJP Financial Guide, and to include the applicable conditions of this award in any subaward. The recipient is responsible for oversight of subrecipient spending and monitoring of specific outcomes and benefits attributable to use of JAG funds by subrecipients. The recipient agrees to submit, upon request, documentation of its policies and procedures for monitoring of subawards under this award. 24. Award recipients must verify Point of Contact(POC), Financial Point of Contact (FPOC), and Authorized Representative contact information in GMS, including telephone number and e-mail address. If any information is incorrect or has changed, a Grant Adjustment Notice (GAN) must be submitted via the Grants Management System (GMS) to document changes.OJP FORM 4000/2 (REV. 4-88)
  • 35. Department of Justice Office of Justice Programs AWARD CONTINUATION Bureau of Justice Assistance SHEET PAGE 6 OF 6 Grant PROJECT NUMBER 2011-DJ-BX-3006 AWARD DATE 08/24/2011 SPECIAL CONDITIONS 25. The grantee agrees that within 120 days of award acceptance, each member of a law enforcement task force funded with these funds who is a task force commander, agency executive, task force officer, or other task force member of equivalent rank, will complete required online (internet-based) task force training. The training is provided free of charge online through BJAs Center for Task Force Integrity and Leadership (www.ctfli.org). All current and new task force members are required to complete this training once during the life of the award, or once every four years if multiple awards include this requirement. This training addresses task force effectiveness as well as other key issues including privacy and civil liberties/rights, task force performance measurement, personnel selection, and task force oversight and accountability. Additional information is available regarding this required training and access methods via BJAs web site and the Center for Task Force Integrity and Leadership (www.ctfli.org). 26. Recipient may not expend or drawdown funds until the Bureau of Justice Assistance, Office of Justice Programs has reviewed and approved the Abstract portion of the application and has issued a Grant Adjustment Notice (GAN) informing the recipient of the approval.OJP FORM 4000/2 (REV. 4-88)
  • 36. Department of Justice Office of Justice Programs Bureau of Justice Assistance Washington, D.C. 20531Memorandum To: Official Grant FileFrom: Orbin Terry, NEPA CoordinatorSubject: Incorporates NEPA Compliance in Further Developmental Stages for City of San AngeloThe Edward Byrne Memorial Justice Assistance Grant Program (JAG) allows states and local governments tosupport a broad range of activities to prevent and control crime and to improve the criminal justice system, some ofwhich could have environmental impacts. All recipients of JAG funding must assist BJA in complying with NEPAand other related federal environmental impact analyses requirements in the use of grant funds, whether the fundsare used directly by the grantee or by a subgrantee or third party. Accordingly, prior to obligating funds for any ofthe specified activities, the grantee must first determine if any of the specified activities will be funded by thegrant.The specified activities requiring environmental analysis are:a. New construction;b. Any renovation or remodeling of a property located in an environmentally or historically sensitive area,including properties located within a 100-year flood plain, a wetland, or habitat for endangered species, or aproperty listed on or eligible for listing on the National Register of Historic Places;c. A renovation, lease, or any proposed use of a building or facility that will either (a) result in a change in its basicprior use or (b) significantly change its size;d. Implementation of a new program involving the use of chemicals other than chemicals that are (a) purchased asan incidental component of a funded activity and (b) traditionally used, for example, in office, household,recreational, or education environments; ande. Implementation of a program relating to clandestine methamphetamine laboratory operations, including theidentification, seizure, or closure of clandestine methamphetamine laboratories.Complying with NEPA may require the preparation of an Environmental Assessment and/or an EnvironmentalImpact Statement, as directed by BJA. Further, for programs relating to methamphetamine laboratory operations,the preparation of a detailed Mitigation Plan will be required. For more information about Mitigation Planrequirements, please see http://www.ojp.usdoj.gov/BJA/resource/nepa.html.Please be sure to carefully review the grant conditions on your award document, as it may contain more specificinformation about environmental compliance.
  • 37. Department of Justice GRANT MANAGERS MEMORANDUM, PT. I: Office of Justice Programs PROJECT SUMMARY Bureau of Justice Assistance Grant PROJECT NUMBER PAGE 1 OF 1 2011-DJ-BX-3006This project is supported under FY11(BJA - JAG) 42 USC 3750, et seq.1. STAFF CONTACT (Name & telephone number) 2. PROJECT DIRECTOR (Name, address & telephone number) Carrie Booth Tim Vasquez (202) 305-7426 Chief of Police 401 E. Beauregard San Angelo, TX 76904-5503 (325) 657-43363a. TITLE OF THE PROGRAM 3b. POMS CODE (SEE INSTRUCTIONS ON REVERSE)FY 2011 Justice Assistance Grant Program4. TITLE OF PROJECT Public Safety Equipment Project5. NAME & ADDRESS OF GRANTEE 6. NAME & ADRESS OF SUBGRANTEE City of San Angelo 115 W 1st Street P.O. Box 1751 San Angelo, TX 769037. PROGRAM PERIOD 8. BUDGET PERIOD FROM: 10/01/2010 TO: 09/30/2014 FROM: 10/01/2010 TO: 09/30/20149. AMOUNT OF AWARD 10. DATE OF AWARD $ 33,629 08/24/201111. SECOND YEARS BUDGET 12. SECOND YEARS BUDGET AMOUNT13. THIRD YEARS BUDGET PERIOD 14. THIRD YEARS BUDGET AMOUNT15. SUMMARY DESCRIPTION OF PROJECT (See instruction on reverse) The Edward Byrne Memorial Justice Assistance Grant Program (JAG) allows states and units of local government, including tribes, to support a broad range of activities to prevent and control crime based on their own state and local needs and conditions. Grant funds can be used for state and local initiatives, technical assistance, training, personnel, equipment, supplies, contractual support, and information systems for criminal justice, including for any one or more of the following purpose areas: 1) law enforcement programs; 2) prosecution and court programs; 3) prevention and education programs; 4) corrections and community corrections programs; 5) drug treatment and enforcement programs; 6) planning, evaluation, and technology improvement programs; and 7) crime victim and witness programs (other than compensation). The City of San Angelo and Tom Green County will receive grant funds under the Bureau of Justice Assistance FY 2011 JAG Local Program. As disparate jurisdictions, the city will serve as the fiscal agent to administer the JAG funds. The City of San Angelo will use their allocated share of funds to purchase mobileOJP FORM 4000/2 (REV. 4-88)
  • 38. transportation units, digital cameras, and a camcorder. The mobile transportation units will be utilized by law enforcement officers to patrol the downtown area andspecial events where foot patrol is not viable. This equipment will be used as a tool for crime prevention and to show the presence of law enforcement in the area.The digital cameras and camcorder are general equipment needs which will be used by the CSI and Narcotics division, replacing those currently being used. GreenCounty will use their allocated share of grant funds to purchase emergency light systems and portable radios to be utilized by law forcement patrols.NCA/NCF
  • 39. City of San AngeloMemo Date: September 16, 2011 To: Mayor and Councilmembers From: Shawn Lewis, Director of Community & Economic Development Subject: Agenda Item for September 20, 2011 Council Meeting Contact: City Manager Harold Dominguez Caption: Consent Item Consideration of ratifying a Resolution of the City of San Angelo Development Corporation acknowledging the critical water supply and water quality needs of the state of Texas and of the communities of West Texas, the infrastructure required to meet those needs, the necessity for cost effective programs to assist local government in financing water related projects, the effectiveness of financing opportunities offered by the Texas Water Development Board, and supporting proposition 2, a proposed Texas constitutional amendment providing for water financial assistance bonds Summary: Proposition 2 would amend the constitution to authorize the Texas Water Development Board to issue additional general obligation bonds on a continuing basis for one or more accounts of the Texas Water Development Fund II, with the restriction that the total amount of bonds outstanding at any time does not exceed $6 billion. The proposed amendment would appear on the ballot as follows: “The constitutional amendment providing for the issuance of additional general obligation bonds by the Texas Water Development Board in an amount not to exceed $6 billion at any time outstanding.” The City of San Angelo Development Corporation also voted unanimously to support the proposed resolution at their meeting September 15, 2011. History: Texas Water Development Board has been instrumental to the City’s water development plan, specifically in securing funding for the Hickory Pipeline project. The Board issues and sell general obligation bonds to support financial assistance programs for the planning, design, and construction of water supply, wastewater treatment, stormwater and nonpoint source pollution control, flood control, and agricultural water conservation projects. Financial Impact: Proposition 2 is designed to be self supporting, meaning that repayment of the bonds will not require State of Texas general revenue. The TWDB will use this bond authority to operate a self-supporting loan program, which means that repayments on loans will pay for the bonds. Entities that choose to use this funding opportunity to address their future water and wastewater needs will repay the principal and interest on the loans they receive from the TWDB. Those principal and interest payments will be used to repay the bonds. Because the cost of water-related infrastructure can be significant, an entity can use the TWDB funding to pay for construction and then pay the principal and interest on the loan with revenue received through use of the facility over time. Those persons benefiting from the projects will repay the loans, and thus the bonds Related Vision Item Securing long term water supply.
  • 40. (if applicable):Other Information/ Staff recommends approval of the ResolutionRecommendation:Attachments: Proposition 2 Fact Sheet, FAQ and ResolutionPresentation: N/APublication: NoneReviewed by Shawn LewisDirector:Approved by Legal: September 1, 2011
  • 41. A RESOLUTION OF THE CITY OF SAN ANGELO DEVELOPMENT CORPORATION ACKNOWLEDGING THE CRITICAL WATER SUPPLY AND WATER QUALITY NEEDS OF THE STATE OF TEXAS AND OF THE COMMUNITIES OF WEST TEXAS, THE INFRASTRUCTURE REQUIRED TO MEET THOSE NEEDS, THE NECESSITY FOR COST EFFECTIVE PROGRAMS TO ASSIST LOCAL GOVERNMENT IN FINANCING WATER RELATED PROJECTS, THE EFFECTIVENESS OF FINANCING OPPORTUNITIES OFFERED BY THE TEXAS WATER DEVELOPMENT BOARD, AND SUPPORTING PROPOSITION 2, A PROPOSED TEXAS CONSTITUTIONAL AMENDMENT PROVIDING FOR WATER FINANCIAL ASSISTANCE BONDS. WHEREAS, the City of San Angelo Development Corporation acknowledges the criticalwater supply and water quality needs of the State of Texas, and of the communities of WestTexas; and, WHEREAS, municipalities and local government entities in West Texas are addressingcritical water supply and quality needs through water related projects that require effective andefficient means of financing the infrastructure for those projects; and, WHEREAS, the Texas Water Development Board (TWDB) has been a resource utilizedby municipalities and local government entities in West Texas for the financing of water projects,and has been instrumental to the City of San Angelo’s water development plan and HickoryPipeline Project in particular; and, WHEREAS, Proposition 2 would amend the Texas State Constitution to authorize theTWDB to issue additional general obligation bonds on a continuing basis for one or moreaccounts of the Texas Water Development Fund II; NOW THEREFORE BE IT RESOLVED BY THE CITY OF SAN ANGELODEVELOPMENT CORPORATION THAT: SECTION 1 The City of San Angelo Development Corporation hereby declares itssupport of Proposition 2, a proposed Texas Constitutional amendment providing for waterfinancial assistance bonds. SECTION 2 This Resolution shall take effect immediately from and after its passage. PASSED and APPROVED THIS DAY OF , 2011. CITY OF SAN ANGELO DEVELOPMENT CORPORATION Larry Teague, PresidentATTEST:Alicia Ramirez, City ClerkApproved As to Form: Approved as to Content:______________________________ _______________________________Lysia H. Bowling, City Attorney Shawn Lewis, Executive Director
  • 42. PROPOSED CONSTITUTIONAL AMENDMENT FOR WATER FINANCIAL ASSISTANCE BONDS Texas Water Development Board Proposition 2The constitutional amendment allowing for the issuance of additional general obligation bondsby the Texas Water Development Board in an amount not to exceed $6 billion outstanding atany time.As the population of Texas continues to grow, so does its need for cost-effective water andwastewater infrastructure. Through its funding programs, the Texas Water Development Board(TWDB) provides financial assistance to communities for water and wastewater infrastructureprojects.On November 8, 2011, Texans can vote on a constitutional amendment, Proposition 2, that willhelp ensure the public health, water quality, and economic viability of Texas for years to come.WHAT IS PROPOSITION 2?Proposition 2 authorizes the TWDB to issue additional general obligation bonds in an amountnot to exceed $6 billion outstanding at any time for water-related projects. The TWDB will usethe bond proceeds to make loans to political subdivisions in Texas for a variety of water,wastewater, and flood control projects.Since 1957, the legislature and voters have approved constitutional amendments authorizingthe TWDB to issue up to $4.23 billion in bonds for financing water-related projects, of which$3.29 billion has been issued. Of the amount issued, over $1 billion has been issued just in thelast three years. Without additional bonding authority, the TWDB will not be able to provideadequate financing to meet the water and wastewater infrastructure needs of Texas. TheTWDB estimates that its existing bond authority will be exhausted within the next one to twoyears. This proposition will provide the TWDB with the necessary constitutional authority tomeet the water and wastewater infrastructure needs of Texas.WHAT IS THE TWDB?The TWDB was created in 1957 in response to the severe drought of the 1950s. The TWDB isthe state agency authorized to issue and sell general obligation bonds to support financialassistance programs for the planning, design, and construction of water supply, wastewatertreatment, stormwater and nonpoint source pollution control, flood control, and agriculturalwater conservation projects. 1
  • 43. WILL PROPOSITION 2 COST TAXPAYERS?The only cost to the state will be the cost of the election. Repayment of the bonds will notrequire State of Texas general revenue. The TWDB will use this bond authority to operate aself-supporting loan program, which means that repayments on loans will pay for the bonds.Entities that choose to use this funding opportunity to address their future water andwastewater needs will repay the principal and interest on the loans they receive from theTWDB. Those principal and interest payments will be used to repay the bonds. Because thecost of water-related infrastructure can be significant, an entity can use the TWDB funding topay for construction and then pay the principal and interest on the loan with revenue receivedthrough use of the facility over time. Those persons benefiting from the projects will repay theloans, and thus the bonds.HOW WILL THESE BONDS BE USED?The TWDB issues general obligation bonds and uses the proceeds to make water-related loansto political subdivisions in Texas. The majority of TWDB loans are made for water andwastewater projects, and funds may also be used for flood control projects. The loans providefinancial assistance needed to make facility repairs, improvements, and expansions, which mayinclude water towers, transmission lines and water wells. The loans also provide funds forbuilding new water supply and water and wastewater treatment facilities, as well as floodcontrol projects.In addition, the TWDB uses bond proceeds to meet the states match requirements for federalgrants each year for the TWDB’s two State Revolving Fund Loan Programs—the Drinking Waterand Clean Water State Revolving Funds. The state revolving funds provide loans at interestrates lower than those offered by traditional markets for financing water and wastewaterprojects. In 2010, these grants totaled $179,380,000. If the TWDB is unable to provide therequired matches, it will be ineligible for the federal grants, and future federal grants will bedisbursed to other states.WHO CAN RECEIVE FINANCIAL ASSISTANCE FROM THE TWDB’S PROGRAMS?The TWDB primarily provides loans to political subdivisions, such as cities, counties, districts,river authorities, and also to nonprofit water supply corporations. Due to the state’s strongcredit rating, the TWDB can often issue debt at more cost-effective rates and then lend tocommunity borrowers who benefit from the lower interest rates available on the state’s bonds.Borrowers who may be unable to access funds from traditional markets particularly benefitfrom the TWDB’s financial assistance programs.RESTRICTIONS ON USE OF BOND PROCEEDSThe use of the bond proceeds authorized by this constitutional amendment is limited tofinancial assistance to political subdivisions for water, wastewater, and flood control projects. 2
  • 44. The additional bond authority cannot be used for other purposes such as TWDB administrativeexpenses or grants. 3
  • 45. Proposed Constitutional Amendment For Water Financial Assistance Bonds Texas Water Development Board Proposition 2 Frequently Asked QuestionsQ: What is the Texas Water Development Board?A: The TWDB is a constitutionally created agency authorized to issue and sell general obligation bonds to support financial assistance programs for the planning, design, and construction of water supply, wastewater treatment, stormwater and nonpoint source pollution control, flood control, and agricultural water conservation projects.Q: Will Proposition 2 cost taxpayers?A: The only cost to the state will be the cost of the election. Repayment of the bonds will not require State of Texas general revenue. The TWDB will use this bond authority to operate a self-supporting loan program, which means that repayments on loans will pay for the bonds. Entities that choose to use this funding opportunity to address their future water and wastewater needs will repay the principal and interest on the loans they receive from the TWDB. Those principal and interest payments will be used to repay the bonds. Because the cost of water-related infrastructure can be significant, an entity can use the TWDB funding to pay for construction and then pay the principal and interest on the loan with revenue received through use of the facility over time. Those persons benefiting from the projects will repay the loans, and thus the bonds.Q. How does the bond process work? Simply put, a bond is a loan. It is a contract to repay borrowed money with interest. Local entities request a loan from the Texas Water Development Board (TWDB), who, on behalf of the state, then issues bonds and loans the proceeds to the local entity for water-related projects. The local entities repay their loans with interest, and the TWDB then uses those funds to pay the scheduled payments on the TWDB-issued bonds. As a result, these bonds do not draw from state general revenue.Q. What will Proposition 2 be used for?A: Proposition 2 gives the TWDB the ability to partner with local entities by providing loans to fund water, wastewater, and flood control projects in Texas. Local entities use the loans they receive from TWDB to repair, improve, or expand existing facilities, such as water towers, transmission lines, water wells and sewer collection lines. The loans may also be used to build new infrastructure. 1
  • 46. Q. Why do we need Proposition 2?A: The water and wastewater infrastructure in Texas is aging and needs repair. Additionally, more infrastructure is needed to deliver and/or ensure continuous delivery of water to all Texans. The population in Texas is projected to double over the next 50 years while its water supplies decrease. If additional water supplies and infrastructure are not created, Texas businesses and workers could lose an estimated $115.7 billion in income, and the creation of 1.1 million new jobs is potentially jeopardized. The 2011 Regional Water Plans identified $27 billion needed from state financial assistance programs in order to meet water supply needs over the next 50 years. This amount, however, does not include funds for repair and rehabilitation of water infrastructure necessary for meeting state and federal standards, nor additional wastewater treatment and disposal capacity and additional flood control capacity.Q: What is the state’s role?A: The TWDB is the state agency that provides low-interest loans to local government entities for water, wastewater and flood control projects. The TWDB can issue loans at more cost- effective rates than are available in traditional markets due to the state’s high credit rating.Q: Who benefits from Proposition 2?A: Texas. Cities, counties, water districts, river authorities, and nonprofit water supply corporations are all eligible to use TWDB’s financial assistance programs in order to address water and wastewater infrastructure needs.Q: What will happen if Proposition 2 fails?A: Because of the economy, many local entities need to partner with the state to access funds for water-related infrastructure. Without the funds provided through Proposition 2, most local entities will not be able to get financing for water-related infrastructure.Q: Is this the first time the state has asked for water bonds?A: No. Since 1957, the legislature and voters have approved constitutional amendments authorizing the TWDB to issue up to $4.23 billion in bonds for financing water-related projects, of which $3.29 billion has been issued. Of the amount issued, over $1 billion has been issued just in the last three years. Once the remaining funds are depleted, the TWDB will not be able to assist local entities with water infrastructure needs. 2
  • 47. Q: Is this a blank check?A: No. Bonds are issued based on requests for funds from local entities. In addition, the Bond Review Board, chaired by the Governor and composed of state leadership, oversees issuance of all state bonds, including the TWDB’s bonds. At any time, the state can deny TWDB’s request to issue bonds.Q: Will the bonds be used to build reservoirs?A: Since reservoirs are very expensive to build, they typically need a specific appropriation from the legislature. These bonds may be used for reservoir construction, but a legislative appropriation would likely be necessary.Q: Who should we contact for more information?A: Contact Melanie Callahan, Interim Executive Administrator of the Texas Water Development Board, at 512-463-7850 or Melanie.Callahan@twdb.state.tx.us. 3
  • 48. City of San AngeloMemo Meeting Date: September 6, 2011 To: Mayor and City Council members From: Jesus Vazquez, Planner Subject: Z 11-11 - City of San Angelo, otherwise known as PD 11-01, a request for approval of a zone change from Neighborhood Commercial (CN) district zone to Planned Development (PD) district zone, on the following property: Location: 1730 North Main Street, an approximately 2.6 acre tract of property formed by segments of surveys, bordered by North Emerick Street on the west, East 18th Street on the north, North Main Street on the east, and East 14th Street on the south, in north central San Angelo. Purpose: Approving the zone change to Planned Development (PD) to allow office use, industrial service use, and warehouse and freight movement. Contacts: Shelley Burnett, ATMOS Energy (325) 245-5862 AJ Fawver, Planning Manager (325) 657-4210 Caption: Public Hearing and consideration of an Ordinance amending Chapter 12, Exhibit “A” (Zoning Ordinance) of the Code of Ordinances, City of San Angelo Z 11-11: ATMOS Energy 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: 1730 North Main Street, an approximately 2.6 acre tract of property
  • 49. formed by segments of surveys, bordered by North Emerick Street on the west, East 18th Street on the north, North Main Street on the east, and East 14th Street on the south, in north central San Angelo, changing the zoning classification from Neighborhood Commercial (CN) to Planned Development (PD) District for a combination of office, aggregate and materials storage, accessory parking, and contractor usage; PROVIDING FOR SEVERABILITY AND PROVIDING A PENALTYSummary: The City Council may:(1) recommend approving the proposed zone change;(2) modify the application to some alternative zoning classification believed to be more appropriate; or(3) recommend denying the proposed zone change.Recommendation: City staff recommends approving, subject to conditions as listedbelow for the proposed zone change. The Planning Commission voted 7-0 to approvethis request on August 15, 2011.History and Background:General Information Existing Zoning: Neighborhood Commercial (CN) Existing Land Use: The subject property is currently used as office use, industrial service use, and warehouse and freight movement. However, under the classifications above the subject property is limited in outdoor storage and cannot continue these combined uses under CN zoning. Therefore, the proponent is requesting a zone change to PD zoning to allow the above uses on the subject property. Surrounding Zoning/Land Use: North: CN, CG, CO, RS-1 Single Family Housing West: CN Single Family & Commercial (Bruton Trailers on 19th St and N. Main.) South: CG/CH Single Family Housing East: CN Single Family Housing & Vacant Lot
  • 50. Thoroughfares/Streets: On the north and east sides, East 18th Street and North Emerick Street, of the subject property the existing streets are “major collector”. On the south end, East 14th Street, of the subject property the street is “minor collector”. The west side, North Main Street, of the subject property is a “major arterial”. Zoning History: The subject property holds a Special Permit, SP 28, which allows the westernmost lot of the subject property to have a service building and warehouse. Applicable Regulations: All CN regulations apply, with the exemption for the westernmost lot of the subject property, which may have a service building and warehouse. Development Standards: If the PD is granted there are conditions recommended below Vision Plan Map: Neighborhood Center Related Comp Plan Excerpts: “Neighborhood centers should individually have a primary use, but should allow for a mix of uses allowing for increased activity, interest, and long- term viability (Page 38 of 2009 Comprehensive Plan)”.Special Information Traffic Concerns: The traffic generated by permitting the zone change is expected to be minimal and shouldn’t change, since the use is already in place. Parking Requirements: Based on the Zoning Ordinance, the current parking is sufficient, since the subject property is not undergoing a change of occupancy, 25% increase in size or 50% increase in value. Parking Provided: N/A Related Specific Use Standards: N/A Density: N/A Notification Required?: Yes Notifications Sent: 12
  • 51. Responses in Favor: 2 Responses in Opposition: 1Analysis: In order to approve this request, the Planning Commission members are first required to find that: 1. Compatible with Plans and Policies. Whether the proposed amendment is compatible with the Comprehensive Plan and any other land use policies adopted by the Planning Commission or City Council. 2. Consistent with Zoning Ordinance. Whether and the extent to which the proposed amendment would conflict with any portion of this Zoning Ordinance. 3. Compatible with Surrounding Area. Whether and the extent to which the proposed amendment is compatible with existing and proposed uses surrounding the subject land and is the appropriate zoning district for the land. 4. Changed Conditions. Whether and the extent to which there are changed conditions that require an amendment. 5. Effect on Natural Environment. Whether and the extent to which the proposed amendment would result in significant adverse impacts on the natural environment, including but not limited to water and air quality, noise, storm water management, wildlife, vegetation, wetlands and the practical functioning of the natural environment. 6. Community Need. Whether and the extent to which the proposed amendment addresses a demonstrated community need. 7. Development Patterns. Whether and the extent to which the proposed amendment would result in a logical and orderly pattern of urban development in the community. The staff recommendation is based upon the statements listed below. Changing the zoning from CN to PD will be consistent with the zoning ordinance and will also be compatible with the City of San Angelo’s Comprehensive Plan. This Plan calls for “Neighborhood Center” for the subject property. The “Neighborhood Center” classification is meant to facilitate a mix of uses, allowing for increased activity, interest, and long-term viability. Comprehensive Plan continues, including an intent to revitalize aged commercial corridors and blend commercial areas into neighborhoods. Also the
  • 52. Comprehensive Plan calls for the development of commercial nodes, a change fromcommercial corridor. Since, the subject property is currently zoned CN and is notconnecting to a commercial corridor, the zone change will not be contributing to thecreation of a major commercial belt and thus meets an objective of the Vision Plan’sNeighborhood Center.The proposed zone change will allow diversification of uses that can be compatible withexisting land uses on adjacent properties by placing development standards, which thesite will comply with. The purpose of the Zoning Ordinance is promoting the publichealth, safety, and general welfare of the citizens of San Angelo. As such, with thedevelopment standards in place, the zone change will conform to the objectives of thezoning ordinance. In addition the zone change will not adversely affect the naturalenvironment. Also, the PD zoning will allow the city to place standards on the subjectproperty which will increase the subject property’s compatibility with the surroundingareas.Proposed ConditionsThe staff recommendation the following conditions for the Planned Development:1. Required Privacy Fence. A privacy fence shall be required, which screens all out- door uses. a. The fence shall be an opaque wood fence b. If security features are added to the fence, they must be screened from the public right-of-way and the fence may not exceed the height of 8’, based on the approved variance granted earlier this year (re: ZBA 11-16).2. Off-Street Parking. If the parking area is expanded beyond the center ownership parcel, more specifically, the 1.00 acre of the Rode Survey, the expansion must be paved and meet all standards of Section 511 of the Zoning Ordinance.3. Visual Clearance. The vision clearance triangle will be met as outlined in Section 510 of the City of San Angelo’s Zoning Ordinance.Attachments: excerpt from zoning map, highlighting subject property; aerial photo, highlighting subject property; excerpt from 2009 Vision Map;
  • 53. excerpt from draft minute record of August 15, 2011 meeting; and draft ordinance.Presentation: Jesus Vazquez, PlannerReviewed by: AJ Fawver, Planning Manager (8/15/2011)
  • 54. Excerpt from August 15, 2011 Planning Commission meeting - DRAFTA. Z 11-11: Atmos Energy a request for approval of a zone change from Neighborhood Commercial (CN) district zone to Planned Development (PD) district zone, on the following property: 1730 North Main Street, an approximately 2.6 acre tract of property formed by segments of surveys, bordered by North Emerick Street on the west, East 18th Street on the north, North Main Street on the east, and East 14th Street on the south, in north central San Angelo. Jesus Vazquez, Planner, came forward to present this request, consistent with the recommendation of approval. 12 notifications were sent out, with 2 received in favor and 0 received in opposition. The subject property is surrounded by residential areas and commercial areas. The current zoning districts that would allow such an intensive use are not appropriate for the area, due to the residential character of the established neighborhoods to the north and the south. Mr. Vazquez and Ms. Fawver explained the issue and purpose(s) behind the Planned Development district. Such a rezoning would alleviate the current issue of an unlawful expansion outside of the original special permit allowing this use at this location. In addition, it combines features which are not all currently encompassed within a single zoning district. That is, it would allow unlimited outside storage, provide opaque screening to provide mitigation for the surrounding areas, and allow the use categories of “industrial services”, “office”, and “warehouse and freight movement.” Ron Beard, a citizen, came forward to speak on this request. He spoke to the traffic control devices that are in place. Sam Tambunga also asked about the traffic control measures, and the chairman Ben Jenkins made the motion to approve, subject to the conditions outlined in the staff report, with Joe Grimes seconding the motion. The motion was passed unanimously, 7-0.
  • 55. 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: 1730 North Main Street, an approximately 2.6 acre tract of property formed by segments of surveys, bordered by North Emerick Street on the west, East 18th Street on the north, North Main Street on the east, and East 14th Street on the south, in north central San Angelo, changing the zoning classification from Neighborhood Commercial (CN) to Planned Development (PD) District; PROVIDING FOR SEVERABILITY AND PROVIDING A PENALTYRE: PD 11-01; also known as Z 11-11: ATMOS Energy WHEREAS, the Planning Commission for the City of San Angelo and the governingbody for the City of San Angelo, in compliance with the charter and the state law withreference to zoning regulations and a zoning map, have given requisite notice bypublication and otherwise, and after holding hearings and affording a full and fairhearing to all property owners and persons interested, generally, and to personssituated in the affected area and in the vicinity thereof, is of the opinion that zoningchanges should be made as set out herein; NOW THEREFORE,BE IT ORDAINED BY THE CITY OF SAN ANGELO: SECTION 1: That the basic zoning ordinance for the City of San Angelo, asenacted by the governing body for the City of San Angelo on January 4, 2000 andincluded within Chapter 12 of the Code of Ordinances for the City of San Angelo, beand the same is hereby amended insofar as the property hereinafter set forth, and saidordinance generally and the zoning map shall be amended insofar as the propertyhereinafter described: 1730 North Main Street, an approximately 2.6 acre tract ofproperty formed by segments of surveys, bordered by North Emerick Streeton the west, East 18th Street on the north, North Main Street on the east, andEast 14th Street on the south, in north central San Angelo shall henceforth bepermanently zoned as follows: Planned Development (PD) District to allow acombination of office, aggregate and materials storage, accessory parking, andcontractor usage.The Director of Planning is hereby directed to correct zoning district maps in the officeof the Director of Planning, to reflect the herein described changes in zoning. SECTION 2: That in all other respects, the use of the hereinabove describedproperty shall be subject to all applicable regulations contained in Chapter 12 of theCode of Ordinances for the City of San Angelo, as amended.
  • 56. SECTION 3: That the following severability clause is adopted with thisamendment:SEVERABILITY:The terms and provisions of this Ordinance shall be deemed to be severable in that, ifany portion of this Ordinance shall be declared to be invalid, the same shall not affectthe validity of the other provisions of this Ordinance. SECTION 4: That the following penalty clause is adopted with this amendment:PENALTY:Any person who violates any provisions of this article shall be guilty of a misdemeanorand, upon conviction, shall be subject to a fine as provided for in Section 1.106 of theCode of Ordinances for the City of San Angelo. Each day of such violation shallconstitute a separate offense. SECTION 5: Except as otherwise specified or limited below, the use anddevelopment of the subject property shall generally conform to a NeighborhoodCommercial (CN) zoning district.A. An opaque privacy fence that meets all standards of Section 804 of the Zoning Ordinance, shall be required, to screen all outdoor uses and storage.B. If security features are added to the fence, they must be screened from the public right-of-way and the fence may not exceed the height of 8’, based on the approved variance granted earlier this year (re: ZBA 11-16).C. If the parking area is expanded beyond the center ownership parcel, more specifically, the 1.0 acre tract of the Rode Survey, the expansion must be paved and meet all standards of Section 511 of the Zoning Ordinance.D. The vision clearance triangle will be met as outlined in Section 510 of the City of San Angelo’s Zoning Ordinance.INTRODUCED on the 6th day of September, 2011 and finally PASSED, APPROVEDAND ADOPTED on this the 20th day of September, 2011. THE CITY OF SAN ANGELO
  • 57. by:____________________________________ Alvin New, MayorATTEST:by:________________________________Alicia Ramirez, City Clerk
  • 58. City of San AngeloMemo Meeting Date: September 6, 2011 To: Mayor and City Council members From: Jeff Hintz, Planner Subject: Z 11-13 City of San Angelo otherwise known as PD 11-02, a request for approval of a Zone Change from Single Family Residential (RS-1) to a Planned Development (PD). Location: 501 Rio Concho Drive, a roughly 9.1-acre tract at the northwest corner of Rio Concho & Surber Drives, specifically occupying Lots 17 & 18 (except the south 357’) and a segment of the north part (a portion of River Drive) of the Fort Concho River Lots Addition in central San Angelo. Purpose: Approving this zone change will allow for a Planned Development (PD) zoning designation for the San Angelo Convention Center. Contacts: Anthony Wilson 325-653-3528 AJ Fawver, Planning Manager 325-657-4210 Caption: Public Hearing and consideration of an Ordinance amending Chapter 12, Exhibit “A” (Zoning Ordinance) of the Code of Ordinances, City of San Angelo Z 11-13: City of San Angelo AN ORDINANCE AMENDING CHAPTER 12, EXHIBIT “A” OF THE CODE OF ORDINANCES, CITY OF SAN ANGELO, TEXAS, WHICH SAID EXHIBIT “A” OF CHAPTER 12 ADOPTS ZONING REGULATIONS, USE DISTRICTS AND A ZONING MAP, IN ACCORDANCE WITH A COMPREHENSIVE PLAN, BY CHANGING THE ZONING AND CLASSIFICATION OF THE FOLLOWING PROPERTY, TO WIT: 501 Rio Concho Drive, a roughly 9.1-acre tract at the northwest corner of Rio Concho & Surber Drives, specifically occupying Lots 17 & 18 (except the south 357’) and a segment of the north part (a portion of River Drive) of the Fort Concho River Lots Addition, changing the zoning
  • 59. classification from Single Family Residential (RS-1) to Planned Development (PD) District; PROVIDING FOR SEVERABILITY AND PROVIDING A PENALTYSummary: The City Council may:(1) approve the proposed zone change;(2) modify the application to some alternative zoning classification believed to be more appropriate; or(3) deny the proposed zone change.Recommendation: City staff recommends approving the proposed zone change.The Planning Commission voted 7-0 to approve this request on August 15, 2011. TheRiver Corridor Commission voted 5-0 to approve this request on August 23, 2011.History and Background:It was brought to the attention of Planning staff that the Convention Center isoperating in a Single-Family Residential district with a special use permit, whenbeing approached about some signage question. At the request of the CivicEvents Manager, and as part of the Planning staff’s pursuit to ensure all City-owned properties are zoned properly, the possibility of a zoning designation thatwould be more appropriate for the convention center’s operations wasexamined.General Information Existing Zoning: Single-Family Residential (RS-1) Existing Land Use: City of San Angelo Convention Center Surrounding Zoning/Land Use: North: RS-1 Park West: CG Hotel & Conference Center South: ML & RS-1 Single Family Housing & Vacant Lot East: RM-1 Senior Living Thoroughfares/Streets: Rio Concho Drive is defined as a “parkway”. Surber Drive is a “local street”. Zoning History: Special Permit 392 was approved for an apartment development in April of 1971. Special
  • 60. Permit 544 was approved in November of 1976 and allowed the use of a convention center. Applicable Regulations: N/A Development Standards: N/A Vision Plan Map: Campus/Institutional Related Comp Plan Excerpts: The convention center is described in the Comprehensive Plan as Catalyst #1. The Plan states, “…the convention center should be the focal point of a multi- purpose area of mixed-use, maximizing the amount of activity in and around it.”Special Information Traffic Concerns: No additional traffic is expected to be generated from this zone change. Parking Requirements: N/A Parking Provided: N/A Related Specific Use Standards: N/A Density: N/A Notification Required: Yes Notifications Sent: 9 Responses in Favor: 0 Responses in Opposition: 0Analysis:In order to approve this request, the Planning Commission members are first required toconsider the following Amendment Criteria:1. Compatible with Plans and Policies. Whether the proposed amendment is compatible with the Comprehensive Plan and any other land use policies adopted by the Planning Commission or City Council.2. Consistent with Zoning Ordinance. Whether and the extent to which the proposed amendment would conflict with any portion of this Zoning Ordinance.
  • 61. 3. Compatible with Surrounding Area. Whether and the extent to which the proposed amendment is compatible with existing and proposed uses surrounding the subject land and is the appropriate zoning district for the land.4. Changed Conditions. Whether and the extent to which there are changed conditions that require an amendment.5. Effect on Natural Environment. Whether and the extent to which the proposed amendment would result in significant adverse impacts on the natural environment, including but not limited to water and air quality, noise, storm water management, wildlife, vegetation, wetlands and the practical functioning of the natural environment.6. Community Need. Whether and the extent to which the proposed amendment addresses a demonstrated community need.7. Development Patterns. Whether and the extent to which the proposed amendment would result in a logical and orderly pattern of urban development in the community.The staff recommendation is based upon the statements listed below.Changing the zoning from RS-1 to a Planned Development (PD) will be consistent withthe zoning ordinance and compatible with the 2009 Comprehensive Plan for SanAngelo. The Comprehensive Plan Map calls for a “Civic/Institutional” use for this parceland a PD will allow for exactly that. The parcels near and surrounding the conventioncenter will not be affected by the zone change and development patterns in the area willnot be affected by a zoning change.The PD will generally conform to that of a General Commercial (CG) district in terms ofsetbacks, floor area ratio, and lot size. The uses allowed at the convention centertypically follow what would be classified in Section 310 of the Zoning Ordinance as:special event type one and two, major entertainment events, offices, and communityservices. Additional conditions for the Planned Development on the convention centersite can be found in the next section of this report.As the property owner of the convention center site, the City should be proactive infollowing the Comprehensive Plan and setting a good precedent in following what thefuture calls for. An RS-1 zoning designation is not the most appropriate for a parcel thatdraws large numbers of people for events and civic functions; staff believes a PlannedDevelopment zoning would be the most beneficial for the convention center and thecommunity.
  • 62. Proposed Conditions 1. No signage allowed on the southernmost and westernmost boundaries of the property, which are adjacent to developed residential areas; 2. If parking areas are increased, drought-resistant landscaping or xeriscaping shall be provided. Landscaping will be subject to administrative approval by the Planning Manager, with appeals directed to the Planning Commission; 3. A maximum of 1000 square feet of the site will be permitted for outdoor storage; 4. New signage shall not exceed fifteen feet in length, five feet in height, and a depth of two feet; 5. Allowed events include: conferences and conventions, meetings, banquets, performances (music, dance, comedy, speaking engagements), trade shows, private events (weddings, parties, family gatherings, dinners), job training, and educational seminars; 6. Must follow Section 12.612 of the Sign Ordinance regarding illumination; and 7. City Council shall authorize, with this approval, the removal of any special permit(s) on the site from the official zoning map.Attachments: excerpt from zoning map, highlighting subject property; aerial photo, highlighting subject property; excerpt from 2009 Vision Map; excerpt from draft minute record of August 15th meeting; and draft ordinance.Presentation: Jeff Hintz, PlannerReviewed by: AJ Fawver, Planning Manager (8/15/2011)
  • 63. C. Z 11-13: City of San Angelo a request for approval of a zone change from Single Family Residential (RS-1) to Planned Development (PD) on the following property: 501 Rio Concho Drive, a roughly 9.1-acre tract at the northwest corner of Rio Concho & Surber Drives, specifically occupying Lots 17 & 18 (except the south 357’) and a segment of the north part (a portion of River Drive) of the Fort Concho River Lots Addition in central San Angelo.Jeff Hintz, Planner, came forward to present this request, consistent with therecommendation of approval. This request is originated by the city for the currentMcNease Convention Center. Nine notifications were sent out, with zero returned infavor or in opposition to the request. This was an item that was brought to staffwhen it was discovered that the current site is actually zoned for residential use,which is inconsistent with the current (and expected long-term) use of the location.Mr. Hintz reviewed the conditions staff recommends for approval. He also reviewedthe Comprehensive Plan excerpts that are relevant to the location and this request.Sam Tambunga asked if the reason for the change was entirely based upon thesignage or if there were other reasons. Mr. Hintz explained that the signage wassomething had really brought this issue to light.Anthony Wilson, Civic Events manager, came forward to speak in favor of thisrequest. He explained that he had been working with the Planning Division staff toput together a request that would better fit in with the area and would be better forthe uses, as they are projected to be in place long-term. The City’s investment inthis facility is considerable.Ben Jenkins made the motion to approve, which Sam Tambunga seconded, subjectto all conditions as outlined in the staff report. The motion passed unanimously, 7-0.
  • 64. 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: 501 Rio Concho Drive, a roughly 9.1-acre tract at the northwest corner of Rio Concho & Surber Drives, specifically occupying Lots 17 & 18 (except the south 357’) and a segment of the north part (a portion of River Drive) of the Fort Concho River Lots Addition, changing the zoning classification from Single-Family Residential (RS-1) to Planned Development (PD) District; PROVIDING FOR SEVERABILITY AND PROVIDING A PENALTYRE: PD 11-02: City of San Angelo WHEREAS, the Planning Commission for the City of San Angelo and the governingbody for the City of San Angelo, in compliance with the charter and the state law withreference to zoning regulations and a zoning map, have given requisite notice by publicationand otherwise, and after holding hearings and affording a full and fair hearing to all propertyowners and persons interested, generally, and to persons situated in the affected area andin the vicinity thereof, is of the opinion that zoning changes should be made as set outherein; 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 enactedby the governing body for the City of San Angelo on January 4, 2000 and included withinChapter 12 of the Code of Ordinances for the City of San Angelo, be and the same ishereby amended insofar as the property hereinafter set forth, and said ordinance generallyand the zoning map shall be amended insofar as the property hereinafter described: 501Rio Concho Drive, a roughly 9.1-acre tract at the northwest corner of Rio Concho &Surber Drives, specifically occupying Lots 17 & 18 (except the south 357’) and a segmentof the north part (a portion of River Drive) of the Fort Concho River Lots Addition shallhenceforth be permanently zoned as follows: Planned Development (PD) District for a fullservice the Convention Center.The Director of Planning is hereby directed to correct zoning district maps in the office of theDirector of Planning, to reflect the herein described changes in zoning. SECTION 2: That in all other respects, the use of the hereinabove describedproperty shall be subject to all applicable regulations contained in Chapter 12 of the Code ofOrdinances for the City of San Angelo, as amended. SECTION 3: That the following severability clause is adopted with this amendment:
  • 65. SEVERABILITY:The terms and provisions of this Ordinance shall be deemed to be severable in that,if any portion of this Ordinance shall be declared to be invalid, the same shall notaffect the validity of the other provisions of this Ordinance.SECTION 4: That the following penalty clause is adopted with this amendment:PENALTY:Any person who violates any provisions of this article shall be guilty of amisdemeanor and, upon conviction, shall be subject to a fine as provided for inSection 1.106 of the Code of Ordinances for the City of San Angelo. Each day ofsuch violation shall constitute a separate offense.SECTION 5: Except as otherwise specified or limited below, the use anddevelopment of the subject property shall generally conform to a GeneralCommercial (CG) zoning district.A. No signage allowed on the southernmost and westernmost boundaries of the property, which are adjacent to developed residential areas;B. If parking areas are increased, drought-resistant landscaping or xeriscaping shall be provided. Landscaping will be subject to administrative approval by the Planning Manager, with appeals directed to the Planning Commission;C. A maximum of 1000 square feet of the site will be permitted for outdoor storage;D. Outdoor storage shall be setback 100 feet from the south and west boundaries of the site;E. New signage shall not exceed fifteen feet in length, five feet in height, and a depth of two feet;F. Allowed events include: conferences and conventions, meetings, banquets, performances (music, dance, comedy, speaking engagements), trade shows, private events (weddings, parties, family gatherings, dinners), job training, and educational seminars;G. Must follow Section 12.612 of the Sign Ordinance regarding illumination; andI. Planning Commission shall authorize, with this approval, the removal of any special permit(s) on the site from the official zoning map.
  • 66. INTRODUCED on the 6th day of September, 2011 and finally PASSED, APPROVED ANDADOPTED on this the 20th day of September, 2011. THE CITY OF SAN ANGELO by:____________________________________ Alvin New, MayorATTEST:by:________________________________ Alicia Ramirez, City Clerk
  • 67. City of San AngeloMemo Meeting Date: September 6, 2011 To: Mayor and City Council members From: Jeff Hintz, Planner Subject: Z 11-14 COSA Planning Commission requesting a zone change on a combination of Multi-Family Residence (RM-1) and General Commercial/Heavy Commercial (CG/CH) to the Central Business (CB) district, for the following properties. Location: Area generally bounded by North Oakes Street on the west, East/West 3rd Street on the north, Gillis Street on the west, and East/West College Avenue on the south, in addition to one block generally bounded by Gillis Street on the west, West 2nd Street on the north, North Irving Street on the west, and West 1st Street on the south in central San Angelo Purpose: Approving this zone change will allow for the aforementioned properties to have a CBD zoning designation Contacts: COSA Planning Commission Jeff Hintz, Planner 325-657-4210 Caption: Public Hearing and consideration of an Ordinance amending Chapter 12, Exhibit “A” (Zoning Ordinance) of the Code of Ordinances, City of San Angelo Z 11-14: City of San Angelo Planning Commission 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: Area generally bounded by North Oakes Street on the west, East/West 3rd Street on the north, Gillis Street on the west, and East/West College Avenue on the south, in addition to one block generally bounded by
  • 68. Gillis Street on the west, West 2nd Street on the north, North Irving Street on the west, and West 1st Street on the south, changing the zoning classification from Multi-Familiy Residence and General Commercial/Heavy Commercial, (RM-1 and CG/CH) to Central Business District (CB) District; PROVIDING FOR SEVERABILITY AND PROVIDING A PENALTYSummary: The City Council may:(1) approve the proposed zone change;(2) modify the application to some alternative zoning classification believed to be more appropriate; or(3) deny the proposed zone change.Recommendation: City staff recommends approving the proposed zone change.The Planning Commission voted 7-0 to approve this request on August 15, 2011History and Background:The proposed CBD expansion area encompasses zoning categories of CG/CH,CG, and RM-1. CG/CH is the dominant zoning category being replaced in thisgrouping of properties for CBD expansion. The proposed CBD expansion isbounded to the south by the CBD zoning district. To the east of this expansionarea are the zoning categories of CG and RM-1. North of the expansion area iszoned ML and to the west the zoning categories of CN and RM-1 are present.Downtown San Angelo was also notified via email of this zone changepreceding; a map and description of the areas affected was also included in thisemail. On February 28, of 2011 a special meeting was conducted with thePlanning Commission to discuss expansion of the CBD. On April 18th at thePlanning Commission meeting, it was determined that the CBD would beexpanded to the east and south as Planning staff had recommended. Thisrequest was presented and approved on May 16 of 2011by a unanimous vote ofthe Plan Commission. At the May 16th meeting, staff was directed to look intoadditional expansion of the CBD to the north; specifically, the areas included inthis zoning case.General Information Zoning History: The proposed expansion includes two approved zoning cases; SP 365 allowing for a light machine shop. SP 95-22 allows offices for a social service agency.
  • 69. Applicable Regulations: Alcohol sales will be allowed by right in the CBD; Off-street parking requirements are also waived. In addition, no setbacks are required in the CBD zoning designation. Development Standards: N/A Vision Plan Map: Downtown Related Comp Plan Excerpts:The downtown portion of the Comprehensive Plan calls for development of an entertainment district and civic activity district in conjunction with, catalyst projects that would all be possible with the CBD zoning designation.Special Information Traffic Concerns: This proposed zone change is not expected to change traffic patterns Parking Requirements: N/A Parking Provided: N/A Related Specific Use Standards: N/A Density: The CBD is one of the more densely developed areas within San Angelo Notification Required?: Yes Notifications Sent: 51 Responses in Favor: 0 Responses in Opposition: 0Analysis:In order to approve this request, the Planning Commission members are first required toconsider the following Amendment Criteria:1. Compatible with Plans and Policies. Whether the proposed amendment is compatible with the Comprehensive Plan and any other land use policies adopted by the Planning Commission or City Council.
  • 70. 2. Consistent with Zoning Ordinance. Whether and the extent to which the proposed amendment would conflict with any portion of this Zoning Ordinance.3. Compatible with Surrounding Area. Whether and the extent to which the proposed amendment is compatible with existing and proposed uses surrounding the subject land and is the appropriate zoning district for the land.4. Changed Conditions. Whether and the extent to which there are changed conditions that require an amendment.5. Effect on Natural Environment. Whether and the extent to which the proposed amendment would result in significant adverse impacts on the natural environment, including but not limited to water and air quality, noise, storm water management, wildlife, vegetation, wetlands and the practical functioning of the natural environment.6. Community Need. Whether and the extent to which the proposed amendment addresses a demonstrated community need.7. Development Patterns. Whether and the extent to which the proposed amendment would result in a logical and orderly pattern of urban development in the community.The staff recommendation is based upon the statements listed below.Staff believes that a zoning change to CBD will be consistent with the 2009Comprehensive Plan which calls for the properties previously mentioned to be classifiedas “Downtown.” CBD fits this vision and is consistent with the Zoning Ordinance for thecity. This designation of CBD is compatible with the development patterns of the cityand will fit within the context of the surrounding area.Staff believes that the CBD zone will generally conform to existing businesses and landuses in the area. The CBD is an appropriate designation for the types of activities andevents that occur in the area. In the event that a business in existence is not allowed byright in the CBD, that business would be allowed to continue; the business would belegally non-conforming. Trying to describe every business in this proposed zone changearea would not do justice to the area or local businesses; it is however, believed by staffthat the businesses currently in operation would be allowed by the CBD zoning categoryanyhow. This zone change should not have a detrimental effect on the naturalenvironment and is not expected to alter the character of the community. Staff alsobelieves this zone change will be beneficial to the community.Changing the zoning designation will allow for the growth of the CBD into a vibrantgrowing, commercial area. Currently this area of San Angelo is under-utilized as acommercial area; staff believes a zone change would revitalize this area and allow forgreater development of the central commercial area of the city.Proposed Conditions
  • 71. N/AAttachments: excerpt from zoning map, highlighting subject property; aerial photo, highlighting subject property; excerpt from draft minute record of August 15th Meeting; and draft ordinance.Presentation: Jeff Hintz, PlannerReviewed by: AJ Fawver, Planning Manager (8/8/2011)
  • 72. D. Z 11-14: COSA Planning Commission a request for approval of a zone change from combination of Multi-Family Residence (RM-1) and General Commercial/Heavy Commercial (CG/CH) to the Central Business (CB) district, in an area generally bounded by: North Oakes Street on the west, East/West 3rd Street on the north, Gillis Street on the west, and East/West College Avenue on the south, in addition to one block generally bounded by Gillis Street on the west, West 2nd Street on the north, North Irving Street on the west, and West 1st Street on the south, in central San Angelo.Jeff Hintz, Planner, came forward to present this request, consistent with the staffrecommendation of approval. There were fifty-six (56) notifications sent out, withone received in favor and zero received in opposition. This is the third of threephases of a CBD expansion that the Planning Commission instructed staff to carryout earlier this year. One of the predominant features in this area is vacantproperties. Mr. Hintz described the zoning around the area in question. Mr. Hintzdescribed the multiple zoning designations and uses within the subject area. TheComprehensive Plan for the city calls for “downtown” for this area. The uses inplace will be allowed to continue, even if they are not allowed by right in the CBD; solong as they do not fall vacant for a period of one year, they are considered legallynon-conforming. Mr. Hintz also reviewed the unique characteristics of the CBDzoning category and reminded the Commission that a public school is within 300’ ofa good portion of this expansion, and that City ordinance does not allow alcoholicbeverage sales this close.Sam Tambunga asked about the parking – Mr. Hintz answered that businessescould provide parking if they wanted to, but was not required to.No one came forward to speak in favor or opposition.Joe Grimes made the motion to approve as presented, which Bill Wynne seconded.The motion passed unanimously, 7-0.
  • 73. 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: Area generally bounded by North Oakes Street on the west, East/West 3rd Street on the north, Gillis Street on the west, and East/West College Avenue on the south, in addition to one block generally bounded by Gillis Street on the west, West 2nd Street on the north, North Irving Street on the west, and West 1st Street on the south, changing the zoning classification from Multi-Family Residential and General Commercial/Heavy Commercial (RM-1 and CG/CH) to Central Business (CB) District; PROVIDING FOR SEVERABILITY AND PROVIDING A PENALTYRE: Z 11-14: COSA Planning Commission WHEREAS, the Planning Commission for the City of San Angelo and the governingbody for the City of San Angelo, in compliance with the charter and the state law withreference to zoning regulations and a zoning map, have given requisite notice by publicationand otherwise, and after holding hearings and affording a full and fair hearing to all propertyowners and persons interested, generally, and to persons situated in the affected area andin the vicinity thereof, is of the opinion that zoning changes should be made as set outherein; 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 enactedby the governing body for the City of San Angelo on January 4, 2000 and included withinChapter 12 of the Code of Ordinances for the City of San Angelo, be and the same ishereby amended insofar as the property hereinafter set forth, and said ordinance generallyand the zoning map shall be amended insofar as the property hereinafter described: Areagenerally bounded by North Oakes Street on the west, East/West 3rd Street on the north,Gillis Street on the west, and East/West College Avenue on the south, in addition to oneblock generally bounded by Gillis Street on the west, West 2nd Street on the north, NorthIrving Street on the west, and West 1st Street on the south shall henceforth be permanentlyzoned as follows: Central Business (CB) District.The Director of Planning is hereby directed to correct zoning district maps in the office of theDirector of Planning, to reflect the herein described changes in zoning. SECTION 2: That in all other respects, the use of the hereinabove describedproperty shall be subject to all applicable regulations contained in Chapter 12 of the Code ofOrdinances for the City of San Angelo, as amended. SECTION 3: That the following severability clause is adopted with this amendment:
  • 74. SEVERABILITY: The terms and provisions of this Ordinance shall be deemed to be severable in that, if any portion of this Ordinance shall be declared to be invalid, the same shall not affect the validity of the other provisions of this Ordinance. SECTION 4: That the following penalty clause is adopted with this amendment: PENALTY: Any person who violates any provisions of this article shall be guilty of a misdemeanor and, upon conviction, shall be subject to a fine as provided for in Section 1.106 of the Code of Ordinances for the City of San Angelo. Each day of such violation shall constitute a separate offense.INTRODUCED on the 6th day of September, 2011 and finally PASSED, APPROVED ANDADOPTED on this the 20th day of September, 2011. THE CITY OF SAN ANGELO by:____________________________________ Alvin New, MayorATTEST:by:________________________________ Alicia Ramirez, City Clerk
  • 75. City of San AngeloMemo Meeting Date: September 6, 2011 To: Mayor and City Council members From: Jesus Vazquez, Planner Subject: Z 11-16, a request for approval of a zoning change from Two-Family Residence (RS-2) district to Office Commercial (CO) district zone, on the following property: Location: 1814 Ward Street, about 122’ southeast from the intersection of Ward Street and Pecos Street. An approximately 0.0845 acre tract (specifically Lot 14 and a 36’ section out of the abutting Lots of 15 and 13, Dawson- Eddiemann subdivision), in central San Angelo. Purpose: Approving the zone change to allow office use. Contacts: Joann Jones, First National Bank (325) 387-3861 AJ Fawver, Planning Manager (325) 657-4210 Caption: Public Hearing and consideration of an Ordinance amending Chapter 12, Exhibit “A” (Zoning Ordinance) of the Code of Ordinances, City of San Angelo Z 11-16: First National Bank 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: 1814 Ward Street, about 122’ southeast from the intersection of Ward Street and Pecos Street. An approximately 0.0845 acre tract (specifically Lot 14 and a 36’ section out of the abutting Lots of 15 and 13, Dawson-
  • 76. Eddiemann subdivision), in central San Angelo, changing the zoning classification from Two-Family Residence (RS-2) to Office Commercial (CO) District; PROVIDING FOR SEVERABILITY AND PROVIDING A PENALTYSummary: The City Council may:(1) recommend approving the proposed zone change;(2) modify the application to some alternative zoning classification believed to be more appropriate; or(3) recommend denying the proposed zone change.Recommendation: City staff recommends approving the proposed zonechange. The Planning Commission voted 7-0 to approve this request on August15, 2011.History and Background:General Information Existing Zoning: Two-Family Residential (RS-2) Existing Land Use: Office building, the building is currently vacant Surrounding Zoning/Land Use: North: RS-2 Residences West: CO Office Use South: RS-2 Commercial Use East: RS-2 Residences Thoroughfares/Streets: Ward Street is defined as a “local street” Zoning History: The subject property holds a Special Permit, SP 336, which allows the existing building on the subject property to be used as an office building. Applicable Regulations: All RS-2 regulations, including those for setbacks, minimum lot size, floor area ratio, and use regulations.
  • 77. Development Standards: N/A Vision Plan Map: Neighborhood Center Related Comp Plan Excerpts: N/ASpecial Information Traffic Concerns: No change in traffic is expected, as location is already functional as an office. Parking Requirements: The ratio for office use is 1:300 sq ft of gross floor area. However, the current parking is sufficient, since the subject property is not undergoing a change of occupancy, 25% increase in size or 50% increase in value. Parking Provided: Four parking spaces are provided on-site. Related Specific Use Standards: N/A Density: N/A Notification Required?: Yes Notifications Sent: 18 Responses in Favor: 0 Responses in Opposition: 0Analysis:In order to approve this request, the Planning Commission members arefirst required to find that: 1. Compatible with Plans and Policies. Whether the proposed amendment is compatible with the Comprehensive Plan and any other land use policies adopted by the Planning Commission or City Council. 2. Consistent with Zoning Ordinance. Whether and the extent to which the proposed amendment would conflict with any portion of this Zoning Ordinance.
  • 78. 3. Compatible with Surrounding Area. Whether and the extent to which the proposed amendment is compatible with existing and proposed uses surrounding the subject land and is the appropriate zoning district for the land. 4. Changed Conditions. Whether and the extent to which there are changed conditions that require an amendment. 5. Effect on Natural Environment. Whether and the extent to which the proposed amendment would result in significant adverse impacts on the natural environment, including but not limited to water and air quality, noise, storm water management, wildlife, vegetation, wetlands and the practical functioning of the natural environment. 6. Community Need. Whether and the extent to which the proposed amendment addresses a demonstrated community need. 7. Development Patterns. Whether and the extent to which the proposed amendment would result in a logical and orderly pattern of urban development in the community.The staff recommendation is based upon the statements listed below.Changing the zoning from RS-2 to CO will be consistent with the zoningordinance and will also be compatible with the City of San Angelo’sComprehensive Plan. The map within this Plan calls for “NeighborhoodCenter” for the subject property. The Office Commercial zoning will beconsistent in that the intent of the Comprehensive Plan’s “NeighborhoodCenter” is to facilitate a mix of uses, allowing for increased activity,interest, and long-term viability. Since, the subject property is locatedprimarily within an area dominated by RS-2, the site will not contribute tocreating a major commercial belt and thus meets the primary intent tocreate nodes or centers of commercial activities.The CO zoning classification is one of the least intensive of thecommercial district classifications and therefore would not be extremelyintrusive to the surrounding residential areas. The intensity and use of aCO zone would have little, if any, adverse impact on the surroundingneighborhoods, especially since this location is one of the few sitesfronting Ward Street, and it does not share the front of the block with anyresidential use. Also, CO zoning uses do not generate major traffic andonly allow outdoor display for outside use. A higher commercial zoningclassification would be detrimental to this established neighborhood.
  • 79. Proposed Conditions Authorization for staff to remove the unneeded Special Permit from the official Zoning Map.Attachments: excerpt from zoning map, highlighting subject property; aerial photo, highlighting subject property; excerpt from 2009 Vision Map; excerpt from draft minute record of August 15, 2011; and draft ordinance.Presentation: Jesus Vazquez, PlannerReviewed by: AJ Fawver, Planning Manager (8/15/2011)
  • 80. Excerpt from August 15, 2011 Planning Commission Meeting - DRAFTE. Z 11-16: First National Bank a request for approval of a zone change from Two-Family Residence (RS-2) zoning to Office Commercial (CO) zoning, on the following property: 1814 Ward Street, about 122’ southeast from the intersection of Ward Street and Pecos Street. An approximately 0.0845 acre tract, specifically Lot 14 and a 36’ section out of the abutting Lots of 15 and 13, Dawson-Eddiemann subdivision, in central San Angelo.Jesus Vazquez, Planner, came forward to present this request, consistent with the staffrecommendation of approval, subject to conditions outlined in the staff report. Eighteen notificationswere sent out, with no notifications returned in favor or in opposition. The Comprehensive Plan forthe city calls for this area to be a “neighborhood center”. The subject property holds a special permit,which allows an office use to be put in place. Mr. Vazquez explained that the CO zoning is intendedto blend well with the surrounding residential neighborhood.JoAnn Jones, vice-president of the First National Bank of Sonora, came forward to speak in favor ofthe request. The bank is currently trying to market the property and just realized that the area iszoned residential.The Chairman asked how many units were in place, and the proponent explained that there werethree units.Ben Jenkins made the motion to approve the request as presented, which Brad Fly seconded. TheCommission approved this unanimously, 7-0.
  • 81. AN ORDINANCE AMENDING CHAPTER 12, EXHIBIT “A” OF THE CODE OF ORDINANCES,CITY OF SAN ANGELO, TEXAS, WHICH SAID EXHIBIT “A” OF CHAPTER 12 ADOPTSZONING REGULATIONS, USE DISTRICTS AND A ZONING MAP, IN ACCORDANCE WITH ACOMPREHENSIVE PLAN, BY CHANGING THE ZONING AND CLASSIFICATION OF THEFOLLOWING PROPERTY, TO WIT: 1814 Ward Street, about 122’ southeast from theintersection of Ward Street and Pecos Street. An approximately 0.0845 acre tract(specifically Lot 14 and a 36’ section out of the abutting Lots of 15 and 13, Dawson-Eddiemann subdivision), in central San Angelo, changing the zoning classificationfrom Two-Family Residence (RS-2) to Office Commercial (CO) District; PROVIDINGFOR SEVERABILITY AND PROVIDING A PENALTYRE: Z 11-16: First National Bank WHEREAS, the Planning Commission for the City of San Angelo and the governingbody for the City of San Angelo, in compliance with the charter and the state law withreference to zoning regulations and a zoning map, have given requisite notice by publicationand otherwise, and after holding hearings and affording a full and fair hearing to all propertyowners and persons interested, generally, and to persons situated in the affected area andin the vicinity thereof, is of the opinion that zoning changes should be made as set outherein; 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 enactedby the governing body for the City of San Angelo on January 4, 2000 and included withinChapter 12 of the Code of Ordinances for the City of San Angelo, be and the same ishereby amended insofar as the property hereinafter set forth, and said ordinance generallyand the zoning map shall be amended insofar as the property hereinafter described: 1814Ward Street, about 122’ southeast from the intersection of Ward Street and PecosStreet. An approximately 0.0845 acre tract (specifically Lot 14 and a 36’ sectionout of the abutting Lots of 15 and 13, Dawson- Eddiemann subdivision), in centralSan Angelo shall henceforth be permanently zoned as follows: Office Commercial (CO)District.The Director of Planning is hereby directed to correct zoning district maps in the office of theDirector of Planning, to reflect the herein described changes in zoning. SECTION 2: That in all other respects, the use of the hereinabove describedproperty shall be subject to all applicable regulations contained in Chapter 12 of the Code ofOrdinances for the City of San Angelo, as amended. SECTION 3: That the following severability clause is adopted with this amendment: SEVERABILITY:
  • 82. The terms and provisions of this Ordinance shall be deemed to be severable in that, if anyportion of this Ordinance shall be declared to be invalid, the same shall not affect the validityof the other provisions of this Ordinance.SECTION 4: That the following penalty clause is adopted with this amendment:PENALTY:Any person who violates any provisions of this article shall be guilty of a misdemeanor and,upon conviction, shall be subject to a fine as provided for in Section 1.106 of the Code ofOrdinances for the City of San Angelo. Each day of such violation shall constitute aseparate offense.INTRODUCED on the 6th day of September, 2011 and finally PASSED, APPROVED ANDADOPTED on this the 20th day of September, 2011. THE CITY OF SAN ANGELO by:____________________________________ Alvin New, MayorATTEST:by:________________________________ Alicia Ramirez, City Clerk
  • 83. City of San AngeloMemoDATE: September 7, 2011TO: Mayor and Council MembersFROM: Robert Salas, Director Neighborhood & Family Services DeptSUBJECT: Agenda Item for Sep 20, 2011 Council MeetingCONTACT: Robert Salas 657-4274CAPTION: Consent Consideration and approval of recommended changes to the Community & Housing Support Guidelines for the CDBG & HOME Housing Programs ------------------------------------------------------------------------------------------------------------------------------------------------Summary: Staff recommends changing the current housing guidelines to clarify the recapture provisionsin case of foreclosure or default on home mortgages and to clarify contractor eligibility to participate in theprogram.History: HUD has identified recapture language that must be present in our guidelines in order to ensurethat the city is protected in cases of foreclosure or default on mortgages. The following language hasbeen added to the guidelines: In the event of a sale, short sale and/or foreclosure, the amount recaptured will be limited to the amount of ‘net proceeds’ available at the time of such occurrence.Additionally, staff is recommending that the guidelines specifically states that main contractors wanting toparticipate in the housing programs must be vetted on their own construction experience even if theypartner with an experienced contractor. This provision ensures that the main contractor has theexperience required to participate in the program effectively.Financial Impact: Changes will protect the city financially in case of foreclosure or mortgagedefault.Related Vision Item: Neighborhood Revitalization.Other Information/Recommendations: Staff requests approval to the changes to the HousingGuidelines.Attachments: Draft Housing Program GuidelinesPresentation: NonePublication: NoneReviewed by Department Director: N/A.
  • 84. Community & Housing Division Housing Guidelines Community & Housing Division City of San Angelo, Texas September, 2011
  • 85. TABLE OF CONTENTSCHAPTER TITLE PAGE Intro INTRODUCTION 4 1 REQUIREMENTS FOR EMERGENCY REPAIRS AND 8 REHABILITATION PROGRAMS 2 REQUIREMENTS FOR NEW/RECONSTRUCTION 17 3 DEMOLITION PROGRAM 27 4 HOMEBUYER’S ASSISTANCE PROGRAM (HAP) 31 5 LEAD-BASED PAINT HAZARDS 39 6 LOAN TERMS AND CONDITIONS 49 7 APPLICATION PROCESS AND WORK PROCEDURES 55APPENDIX A GLOSSARY OF KEY TERMS 69APPENDIX B HOUSING QUALITY STANDARDS 73APPENDIX C TEXAS HISTORICAL COMMISSION REVIEW 77APPENDIX D PUBLIC INFORMATION AND PRIVACY ACTS STATEMENTS 79APPENDIX E ASSURANCES AND CERTIFICATIONS 88APPENDIX F VOLUNTARY TEMPORARY RELOCATION ASSISTANCE 90 POLICYAPPENDIX G APPLICATIONS, VERIFICATION FORMS AND WORK 93 PROCEDURE FORMSAPPENDIX H COLLECTIONS POLICY 96APPENDIX I MONITORING PLAN 106APPENDIX J ANNUAL INCOME CALCULATIONS GUIDELINES 110 2
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  • 87. INTRODUCTION COMMUNITY AND HOUSING SUPPORT BLOCK GRANT (CDBG) AND HOME INVESTMENT PARTNERSHIPS PROGRAM (HOME)CDBG - PURPOSE AND PRIMARY OBJECTIVESThe primary objective of the Community and Housing Support (CHS) program is the development ofviable urban communities by providing decent housing, suitable living environment, and expandingeconomic opportunities, principally for persons of low and moderate income. 1 Consistent with thisprimary objective, at least 70 percent of the aggregate of the Federal assistance provided to States andunits of general local government shall be used for the support of activities that benefit persons of low andmoderate income and are directed toward the following specific objectives:1. the elimination of slums and blight, the prevention of blighting influences and the deterioration of property, neighborhood, and community facilities of importance to the welfare of the community;2. the elimination of conditions which are detrimental to the health, safety, and public welfare through code enforcement, demolition, interim rehabilitation assistance, and related activities;3. the conservation and expansion of the nations housing stock in order to provide a decent home and a suitable living environment for all persons, but principally those of low and moderate income;4. the expansion and improvement of the quantity and quality of community services, which are essential for sound Community and Housing Support and for the development of viable urban communities;5. a more rational utilization of land and other natural resources and the better arrangement of residential, commercial, industrial, recreational, and other needed activity centers;6. the reduction of the isolation of income groups within communities and geographical areas, the promotion of an increase in the diversity and vitality of neighborhoods through the spatial de- concentration of housing opportunities for persons of lower income, and the revitalization of deteriorating or deteriorated neighborhoods;7. the restoration and preservation of properties of special value for historic, architectural, or aesthetic reasons;8. the alleviation of physical and economic distress through the stimulation of private investment and community revitalization in areas with population out-migration or a stagnating or declining tax base; and9. the conservation of the nation’s scarce energy resources, improvement of energy efficiency, and the provision of alternative and renewable energy sources of supply.1 42 U.S.C. 5301(c) §101(c); 24 CFR 570.1(c). 4
  • 88. HOME - PURPOSE AND PRIMARY OBJECTIVESIn general, under the HOME Investment Partnerships Program (HOME), HUD allocates funds by formulaamong eligible State and local governments to strengthen public-private partnerships and to expand thesupply of decent, safe, sanitary and affordable housing for low/moderate income families.2Generally, HOME funds must be matched by nonfederal resources. State and local governments thatbecome participating jurisdictions may use HOME funds to carry out multi-year housing strategiesthrough acquisition, rehabilitation, and the new construction of housing, and tenant based rentalassistance.Participating jurisdictions may provide assistance in a number of eligible forms, including grants, loans,advances, equity investments, interest subsidies and other forms of investment that HUD approves.CITY OF SAN ANGELO - OBJECTIVESThe CHS Rehab Program consists of emergency repairs and housing rehabilitation. The EmergencyRepair 100% Grant Program provides grants up to $5,000. Emergency repairs are provided to alleviateconditions which pose threats to the life, health or safety of the applicant and the neighborhood, such as agas or sewage problems.The Community and Housing Support Rehabilitation Program (CHS Rehab Program) is aLoan/Deferred Loan program undertaken through the Community Development Block Grant (CDBG)and is designed to improve neighborhoods by rehabilitating homes and to prevent the reduction ofexisting suitable low/moderate income houses. Further, the program seeks to make substandard homesdecent, safe, and sanitary as required by HUD Housing Quality Standards. Rehabilitation projects areundertaken to address conditions such as roof, water, gas, sewer, and electrical problems that haveoccurred over time, deterioration caused by aging, weather conditions, or water leaks, and pose a futurethreat to the life, health and/or safety of the occupants. The maximum amount that can be expended onrehabilitation is $24,999.00. If the total rehab costs exceed the maximum, CDBG funded projects can bescoped down as necessary to bring the cost under the cap.As part of the Rehab Program, the city council authorized an annual Neighborhood Blitz where cityemployees and citizen volunteers perform clean-up, painting, and minor repairs in selectedneighborhoods. CDBG and local funds are used as leverage to support the effort for both homeownersand renters.The Demolition Program, funded through CDBG, is designed to assist in the removal of structures thatare substandard and not suitable for rehabilitation, thus helping eliminate slum and blighting influenceswhile improving the appearance and safety of the neighborhoods. The Demolition program provides100% grants to all citizens below the moderate income limit. Citizens who are over the moderate incomelevel will be offered a two-year 2% interest loan covering the total cost for demolition.2 42 U.S.C. 12701 et seq., 24 CFR 92.1. 5
  • 89. The Neighborhood Revitalization/Enhancement Program, funded through CDBG and the HOMEInvestment Partnerships Program (HOME) is a Loan/Deferred Loan program designed to preserve andincrease the number of suitable residences available to low/moderate income families in target areasselected by the City Council through reconstruction of owner-occupied units, new construction, andhomebuyer assistance, leading to overall neighborhood enhancement. Programs include homeownershipand well as rental properties.The Homebuyer’s Assistance Program (HAP), funded through HOME is designed to assist low andmoderate income families in becoming homeowners by providing a No-interest Deferred Payment Loanused for down payment and closing costs not to exceed $12,000.00 for homes located in one of fourneighborhoods targeted for revitalization based on 15% of the appraised value of the property and$9,000.00 for homes located outside of the target areas based on 10% of the appraised value of theproperty. HOME funds provided for HAP assistance toward purchasing a home carry the restriction thatthe homebuyer must live in the home a minimum of five years.The implementation and operation of the Rehabilitation, Emergency Repair, Demolition, NeighborhoodRevitalization/Enhancement, and Homebuyer’s Assistance Programs will conform to the policies andguidelines established by the United States Department of Housing and Urban Development (HUD) andthe City of San Angelo’s City Council.INQUIRY LISTAll inquiries into assistance will be placed on an Inquiry List and will be considered on a first-come, first-served, funding availability basis. When an individual comes up on the list, they will be notified when hisor her name is near the top of the inquiry list so that the application process may begin.Critical Need. On August 21, 2007 City Council approved earmarking $100K per year to addresssituations presenting a critical need where a case moves to the top of the inquiry list based on critical needvs first-come, first-served basis. Cases require City Council approval and must be of such extraordinarycircumstances that they warrant special attention. For example: a situation where the house has beencondemned by City’s Fire Marshall and the client has become homeless due to the condition of the home. 6
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  • 91. CHAPTER 1 REQUIREMENTS FORREHABILITATION, NEIGHBORHOOD BLITZ and EMERGENCY REPAIR PROGRAMS 8
  • 92. CHAPTER 1 ELIGIBILITY REQUIREMENTS FOR EMERGENCY REPAIRS AND HOUSING REHABILITATION PROGRAMS1. GENERAL In general, the eligibility guidelines apply for both the CHS Housing Rehab Program and the HOME Revitalization Program except where differences are specifically noted. Emergency Repairs: Whenever possible, emergency repairs are undertaken under the CHS Emergency Repair 100% Grant Program, not to exceed $5,000 to address conditions such as water, gas, sewer, and electrical problems. These conditions occurred without warning and within two (2) weeks of first contact with CHS about the condition, and are detrimental to the life, health and/or safety of the occupants. Emergency repairs require immediate action which is defined as 24-72 hours. Pre-qualified contractors will be used on a rotating basis to complete the emergency repair(s). Trades will be required to be licensed by the state for their respective trade. Generals may be used in circumstances that require several trades to complete the project. Generals must have the required city insurance to include commercial general liability and worker compensation as outlined by the city’s Risk Management Division. If the cost of repairs exceeds $5,000, CHS staff will seek a second estimate from the next contractor on the rotation list. If both estimates are over $5000, the client will be placed on the Inquiry List. Staff may also attempt to reduce the scope of work by reducing the cosmetic repairs. To qualify for an emergency repair grant, the property must be in need of immediate correction of a code violation(s), which constitutes: (a) a serious and urgent, life threatening hazard that comes about suddenly and unexpectedly; and/or (b) an emerging health and safety hazard (i.e., a code violation that, if not repaired, will cause serious structural damage to the property). Eligible repairs include but are not limited to a substandard condition(s) of one or more of the following: Plumbing systems • Lack of hot and cold running water • Defective sewage system • Leaking waterlines and gas lines or dangerous conditions in plumbing and gas systems • Leaking or inoperable water heaters Electrical systems • Lack of electricity due to electrical hazards • Exposed or dangerous electrical wiring Air conditioning/heating units • Must be elderly (age 62 or older) or disabled and lack of air conditioning/heating must present a health hazard as identified by a physician • New central air/heat systems will not be installed, but repairs to an existing unit is authorized • If new heat/air are required wall units will be installed (air conditioning units will not be installed in windows) 9
  • 93. Roofing• Leaking systems due to recent events such as tree damage, high winds, etc• Long term deterioration is not eligible for emergency repairs• Will only perform patch work to arrest the conditionCarpentry• Structural deficiencies posing an immediate safety issue• Will only perform necessary work to arrest the conditionOther activities necessary to ensure the health and safety of the occupants. Items which aretypically considered general maintenance (e.g. simple clogged drain) or weatherizationimprovements are not eligible under this program.The emergency repair work may only stabilize the property until a more substantial rehabilitationcan be performed. Owner-occupied dwellings requiring substantial rehabilitation will beencouraged to apply for assistance under the city’s CHS Rehab Program.Eligibility Period between emergency repairs for a single household will be 24 months unlessotherwise determined by the CHS Director for extraordinary cases.Note: All emergency repairs are exempt from HUD’s lead-based paint requirements, but must bedocumented in the file as to the exemption.Housing Rehabilitations are undertaken to address conditions such as roof, water, gas, sewer,and electrical problems that have occurred over time, deterioration caused by aging, weatherconditions, or water leaks. The maximum expenditure for rehabs is $24,999.00 which does notinclude the cost for lead-base paint (LBP) abatement. All LBP related costs will be over andabove the cost of the rehab and will not be included in the loan-to-deferred loan ratio.Assistance under the Rehab program will consist of a 2% loan and no-interest deferred loanbased on a sliding scale determined by family/household income and can only be given to low tomoderate income families residing within the city limits of San Angelo.Eligibility Period between Rehabs for a single household will be 10 years unless otherwisedetermined by the CHS Director for extraordinary cases.Neighborhood Blitzes are conducted annually as approved by city council. Certainneighborhoods are selected based on need and located in one of four areas targeted forrevitalization. Housing units are selected based on need and household must be income eligible.Homeowners will be required to prove ownership. Rentals will be eligible if the renters’household income meets income limits and the owner/landlord agrees to rent to low to moderateincome tenants for five (5) years. Landlords will need to approve repairs and must proveownership.Work on housing units eligible for the Blitz will be for exterior repairs only (siding, windows,paint, etc). CDBG funds will be used as a grant and will be used as leverage funding along withlocal funds and donations from partnerships. 10
  • 94. 2. LEGAL AUTHORITY The legal authority for rehab loans is found in HUD statutes and regulations. Rehab loans to rehabilitate residential structures are authorized under Section 115 of Title I of the Housing and Community and Housing Support Act of 1974 as amended (the Act) and Section 312 of the Act.3. ELIGIBILITY REQUIREMENTS Eligible applicants for Emergency and Rehabilitation programs (including the Blitz program) must meet the City of San Angelo’s eligibility requirements generally described as follows: • Owner-occupant of residential property or low to moderate income renters in case of the Blitz program • For emergency repairs, must have lived in the home within 2 weeks from onset of emergency condition • Reside within the city limits of San Angelo, Texas • Meet the Department of Housing & Urban Development’s definition of moderate income households based on verified gross household income and household size. • Dwelling must be a single family structure • Dwelling must be household’s principal residence • Must not have been convicted of a felony within five (5) years of application for assistance a. Owner-Occupant Status. To be eligible for emergency repairs or rehabs an applicant must be an owner-occupant of residential property located within the city limits and have fee simple title to the property. Types of acceptable deeds include: • General Warranty Deed • Assumption Deed • Foreclosure Deed • Trustees Deed • Deed Incident to Divorce (note: a Divorce Decree is not sufficient) A Deed to the property must be on file in the Tom Green County Clerk Real Property Records. A Deed for Life Estate may be used in lieu of the Warranty Deed if the grantee on the Warranty Deed agrees to sign a RELEASE IN FULL OF ALL CLAIMS and also co-signs all of the grant/loan documents. A Contract for Deed will be acceptable only for Emergency Repairs. The grantee on the Warranty Deed must agree to sign a RELEASE IN FULL OF ALL CLAIMS and also co-sign all of the grant documents. In such instances the applicant (and in the case of a Contract for Deed, the grantee on the Warranty Deed) must cooperate with staff to locate and submit all information that might be needed to establish ownership or occupancy of the residence. An applicant with a Contract for Deed will not be eligible for rehab. If any deviation from the guidelines is requested or needed, the Department Director must approve any added expenditure up to $15,000, the City Manager must approve any expenditure over $15,000. 11
  • 95. In the event an applicant vacated his or her home within 18 months prior to the date of initialapplication due to the house not being suitable for occupancy because of condition(s) detrimentalto the health, safety, or welfare of the owner-occupant, the house will be eligible for emergencyand rehab so long as the applicant provides adequate evidence of occupancy within the past 18months and that the move from the house was caused by the detrimental condition(s).For both the CDBG and HOME Programs, the income guidelines set forth in this Chapter must bemet. In the event that more than one person is an owner-occupant (for example, spouses, siblings,etc.), each person’s income will be considered and the total adjusted household income would beused to determine if the household meets the income requirements.b. Annual Income. As required by HUD regulations, an applicant must not exceed the incomelimits according to family size as set by HUD. These figures are updated periodically by HUDand the new income limits automatically replace the previous limits when the revisions arereceived. These figures will be shared with the applicant upon his or her initial visit. SEEAPPENDIX J for details.c. Capacity To Repay. Applicants must be able and willing to make monthly loan payments in atleast the minimum amount of $25. For loans of $1,000 or more, the applicant must agree toreceive counseling through an accredited non-profit credit counseling agency in San Angelo andobtain a favorable report as to their ability to make the proposed monthly payments. Thisrequirement may be waived by the Community and Housing Support Director if the applicant isagreeable to the proposed monthly payments and the Housing Program Administrator hasdetermined that the applicant would be able to make the proposed monthly payment.d. Taxes. Any property that will undergo emergency repairs or rehab under either program musthave all property taxes current unless the applicant has an over-65 Homestead Tax DeferralAffidavit on record. Additionally, an exception may be made for emergency or rehab if there areback taxes owed on the property providing the applicant is making regular monthly payments asagreed upon with the tax appraisal district.e. Existing City Loans. An applicant with a current rehab loan is eligible for emergency grantassistance provided that the loan is in good standing. This may apply to an applicant who hasreceived a rehab within the past 10 years and now needs emergency repairs.f. Location. Assistance can only be provided for properties located within the city limits of SanAngelo.g. One Hundred Year Flood Plain. Homes located in the one hundred year flood plain are noteligible for rehab nor emergency repair unless flood insurance is obtained and carried through thelife of the structure. Properties located within the 500 Year Flood Plain are eligible forassistance.h. Required Inspections. The property must pass the HUD-required environmental Site SpecificReview Checklist inspection and, if necessary, receive clearance from the Texas HistoricalCommission following submission of a request for historical evaluation by Community andHousing Support. If the house was constructed prior to 1978, or if otherwise necessary, the house 12
  • 96. will be tested for lead-based paint in accordance with HUD regulations as explained in Chapter 4, “Lead-Based Paint Hazards” of these Guidelines. i. Condition of the Home. Substandard Condition but Suitable for Rehabilitation are dwelling units that do not meet standard conditions but are both financially and structurally feasible for rehabilitation. This does not include units that require only cosmetic work, correction of minor livability problems, or maintenance work. For the CHS Rehab program, the rehabilitated house must be free of any structural defects which will lead to the premature failure of the work put into it (i.e., bad foundation, weak structural framing problems, etc.). j. Rehab-10 Year Limitation. Houses that have received rehab assistance in the past ten (10) years are not eligible for additional rehab. Once the ten year period has expired, the house will again be eligible. Items of an emergency nature, such as water, gas, sewer, and electrical problems are eligible without regard to the ten year period. k. Manufactured and Mobile Homes. Under the CHS Rehab Program, manufactured homes are eligible projects for rehab if the manufactured or mobile home has been placed on a permanent concrete or pier and beam foundation, permitted, inspected, and passed by the building permit office. 3 Manufactured and mobile homes are eligible for emergency repairs even if not placed on a permanent foundation. For both programs, the land must be owned by the occupant. l. Property Condition/Code Enforcement Standards. Applicant’s property must be clear and free of junk vehicles, debris, and tall weeds prior to commencement of rehab work. The property must also be in compliance with all other city, state, and federal requirements. For emergency repairs, the applicant will be notified of property conditions that maybe a violation of City Code. The Housing Programs Administrator will work with the applicant and, if necessary, Code Enforcement to develop a plan to ensure compliance with this provision is met. m. Debts owed to the City. Applicants who owe money to the City of San Angelo will not be eligible for assistance under any program (includes overdue water bills, code violation fines, loans, etc.). n. Existing Liens/Mortgages. In the case of rehabilitation, an existing lien or mortgage is acceptable if the following criteria are met: • Applicant must have lived in the house for at least five (5) years • Must be in good standing with the mortgage company (mortgage payments up to date) • Must receive a favorable Consumer Credit Counseling Report • Contract for Deed will not be eligible Existing liens/mortgages will not prohibit assistance under the Emergency Repair program. o. Code Compliance. No work will begin for any of the housing programs to include CDBG and HOME funded projects if there is an active case with the Code Compliance Division. Code violation must be cleared before work begins. Violators will be provided no more than a month to comply after which, the project will be closed and the client will be placed at the end of the waiting list.3 City Council Minutes, 6-19-79, vol 53, p.306 13
  • 97. 4. MAXIMUM AMOUNT OF EXPENDITURES a. Emergency Repairs. The maximum amount of expenditures for emergency repairs is $5,000. In the event that the cost for emergency repairs exceeds $5,000, the staff will obtain a second estimate. If both estimates exceed $5000, the applicant will be placed on the Inquiry List for assistance at a later date. b. Rehabilitation. The maximum amount of expenditures for rehabilitation will exceed $24,999 which includes any amount provided for emergency repairs. The after-rehab value must not exceed 95% of the median purchase price for the area as published by FHA for its 203(b) program. c. Neighborhood Blitz. Expenditures for the Blitz will be kept to a minimum and will focus on exterior siding and paint. The maximum will be $5,000 per unit. Units that exceed the $5,000 limit will be reviewed by the Director, NFS and approve the overage on a case by case basis.5. LIMITATIONS ON COSTS For the CHS Rehab Program, costs necessary to meet applicable Housing Quality Standards, City Building Codes, and the correction of incipient violations will be included in the rehab. An incipient violation exists if, at the time of inspection, it is thought that the physical condition of an element in the structure will deteriorate into an actual violation in one to two years. An example of an incipient violation would be a 20-year old non-leaking roof that will likely fail in one to two years as the shingles are starting to curl. The costs of reduction of lead-based paint hazards through interim controls or abatement, when required, will not be included as part of the rehabilitation project. Costs will be identified and recorded separately from the project costs. Rehab expenditures will not be provided for materials, fixtures, equipment, or landscaping of a type or quality which, in the opinion of the Housing Program Administrator, exceeds that customarily used in the locality for properties of the same general type as the property to be rehabilitated. Construction of additions to the main house, and the finishing of unfinished spaces such as an attic, basement, porch, or carport will not be included under the CHS Rehab program. Work on existing structures not connected to the house such as detached secondary residences, garages, carports, or storage buildings normally will not be included in the CHS Rehab Program. An exception might be the need for repairing or replacing wiring going from the main house to a detached structure(s) in order for the electrical work to pass the City’s electrical inspection. Major foundation work normally will not be included in the CHS Rehab unless it is financially more feasible to repair the foundation than to demolish and rebuild a new home. Minor foundation work may also be completed in conjunction with replacing plumbing or kitchen base 14
  • 98. cabinets. Work on existing driveways will not be included in the rehab program unless required to preserve and protect the house from serious drainage problems. Emergency repairs do not include routine maintenance activities such as the occasional unstopping/cleaning of sewer lines (toilets or drains), the pumping of septic tanks, replacing faucet washers, repairing broken doors or locks, replacing broken windows or broken/missing screens, repairing lighting pilots, cleaning of furnaces, repairing or replacing of non-working light fixtures or electrical wall receptacles, or repairing holes knocked in walls or ceilings. Such activities may be considered, as necessary, when undertaken in conjunction with rehab work. Costs for land acquisition are only allowable under the new construction component of the Revitalization Program.6. VOLUNTARY TEMPORARY RELOCATION ASSISTANCE Voluntary temporary relocation assistance will be provided to assist eligible program participants who must temporarily relocate to facilitate the rehabilitation activities on their home. HUD Guidelines and the Voluntary Temporary Relocation Assistance Policy adopted by the City of San Angelo, Appendix F, will be followed when providing voluntary temporary relocation assistance. Relocation will only be considered under extreme circumstances when it is determined that it would be an undue hardship on occupants of the home for them to remain at the dwelling during the rehab, if their presence at the home would impede the work process, or if required due to lead- based paint abatement activities.7. APPLICATION SELECTION AND APPEAL PROCESS Under normal circumstances, if available funding exists, the eligibility criteria and limitations set forth above will determine if an applicant will receive emergency repair or rehab assistance. A review of the application will be performed by Community and Housing Support staff. Only those eligible applications that meet the minimum criteria as set forth in these Guidelines will be considered for final approval. Each project site will be reviewed by the Housing Program Administrator. Determinations will be based on the present condition of the house and the condition of the house after any repairs or rehab is performed. In general, the house should be free from any structural defects that will lead to premature failure of the repair or rehab. Additional consideration will be given to health and safety risks to CHS staff, contractors, subcontractors and occupants. Chapter 7, “Application Process and Work Procedures,” provides detailed step by step procedures for submitting and processing applications for rehab work. Also, specific steps to be followed when undertaking emergency repairs and rehab work are given. Generally, applications for rehab assistance will be approved by the Community and Housing Support Director provided that all activity related to an application for assistance falls within the limitations and restrictions of these Guidelines. Once approved, the applicant must cooperate with Community and Housing Support staff and follow all applicable requirements of Chapter 8 15
  • 99. of these Guidelines including signing all specified grant and loan documents before emergency repairs (if applicable) or rehab work can begin. Applicants not approved under the CHS Rehab will be referred to other services in the City that may be able to help them. If an application for rehab assistance is denied because the house is substandard and not suitable for rehab, the applicant will be informed of the CHS Demolition Program and new/reconstruction under the Revitalization Program if the house is in a City Council designated target area. Also, if an application is denied, the applicant will be informed of his or her right to present an appeal and the time frame to do so. Appeal. An appeal must be made in writing and submitted to the Community and Housing Support Department within 30 calendar days of the date the applicant is informed of the denial. The appeal will be presented first to the Service Area Director and may then be forwarded to the City Manager whose decision is final.8. AFFORDABILITY REQUIREMENTS The affordability period for Rehab assistance will be five (5) years which requires the household to continue to occupy the home as their primary residence for five years after completion of the rehab assistance.9. RECAPTURE PROVISIONS In the event of a sale, short sale and/or foreclosure, the amount recaptured will be limited to the amount of ‘net proceeds’ available at the time of such occurrence.10. CONTRACTOR PROVISIONS In addition to the City of San Angelo’s Purchasing policies and procedures, the following provisions apply to contractors participating in the City’s New/Reconstruction Program. • Contractor must be currently registered with the City of San Angelo Permits office • Contractors cannot owe money to the City of San Angelo (including but not limited to overdue water bills, code violation fines, outstanding fees, etc.) • Contractor shall obtain and be responsible for the obtaining of all necessary permits for the work to be performed, and agrees that the job being done or any part thereof shall not be deemed as finished until accepted by Owner and passed by the authorized inspector of the City of San Angelo. • Contractor shall ensure that all subcontractors have secured the necessary liability insurance to be licensed by the State of Texas. • Contractor shall ensure and provide proof of insurance. If contract is between contractor and the city, all city insurance requirements set by Risk Management must be met prior to commencing work. If contract is between homeowner and contractor, a builder’s risk 16
  • 100. policy with adequate coverage of reconstruction. Adequate coverage is further defined by being either the bid amount or a sum greater than the bid amount.• Contractor shall be responsible for all damages to persons or property that occur as a result of his fault or negligence in connection with the prosecution of the work and shall be responsible for the proper care and protection of all work performed until completion and final acceptance, whether or not payments may have been made by the City of San Angelo for all or part of the work to be done hereunder.• Contractor shall indemnify and save harmless the City of San Angelo and Owner from any and all liability for injury or death to persons or damages to property resulting from Contractors work.• Contractor shall keep the premises clean and orderly during the course of the work, remove all debris at the completion of the work, and provide a competent supervisor to be on the job site at all times during the progress of the work.• Contractor shall perform all work in conformance with applicable local codes and requirements whether or not covered by the Specifications and drawings for such work.• Contractor shall not discriminate against any employee or applicant for employment because of race, color, religion, disability, sex, familial status or national origin and shall take affirmative action to see that applicants for employment are employed and employees are treated during employment without regard to their race, color, religion, disabilities, sex, familial status or national origin. Such affirmative action shall further include but not be limited to the following: employment, upgrading, demotion, or transfer; recruitment or recruitment advertising; lay-off or termination; rates of pay or other forms of compensation; and selection for training, including apprenticeship.• Contractor will pay all costs of construction, including labor, materials, and subcontractors, and will furnish the City with releases from these costs. If any other lien claims are filed, Contractor will pay for their removal or else provide a statutory bond.• Contractor will neither make nor charge for any alterations in the construction described in the plans and specifications unless Contractor, City of San Angelo, and Owner agree otherwise in writing. All extra work done and extra material so agreed to and furnished shall be paid for in cash upon completion, and such sum shall be a part of the indebted- ness hereby secured. Any alteration made without a written agreement will be considered performed under the original contract at no additional charge.• Contractor certifies and warrants to City of San Angelo and Owner that all materials, fixtures and equipment furnished are new, of good quality, and of good title. Should any defects appear within one year from the date of final acceptance and should such defects be caused by faulty materials, fixtures, equipment, or workmanship, Contractor shall promptly remedy these defects and pay for any damage to other work resulting there from. Notice of observed defects shall be given with reasonable promptness. All industry standard warranties are in effect.• Contractor shall not borrow, lend, or otherwise use Owner’s property to include but not limited to the use of trailers, hand tools, and other equipment. 17
  • 101. 11. AWARD OF NEW/RECONSTRUCTION BID In addition to the City of San Angelo’s Purchasing Policy and Procedures the following provisions apply to awarding new/reconstruction bids. • Bid will be awarded to the lowest responsible bidder. • In the event that the lowest bidder has not previously been awarded a contract by the City of San Angelo, the contractor will be required to show proof of capacity prior to being awarded a contract. • Proof of capacity includes but is not limited to: Previous rehabilitation projects successfully completed and within budget, quality of workmanship, proof of financial responsibility. • Three references must be provided. References must be three of the following: Credit reference, a subcontractor, a client, or a professional reference (realtor, appraiser, etc.) • The contractor who wins the project contract will be the entity vetted for experience and capacity as outlined above regardless if a partner is involved. 18
  • 102. CHAPTER 2 REQUIREMENTS FOR NEW/RECONSTRUCTION(HOMEOWNERSHIP AND RENTAL) 19
  • 103. CHAPTER 2 ELIGIBILITY AND HOUSING REQUIREMENTS FOR NEW/RECONSTRUCTION1. PURPOSE The purpose of the Revitalization Program New/Reconstruction component is to provide assistance to low/moderate income families residing within the city limits of San Angelo for building a new home when it is determined that the homeowner’s existing house is substandard and not suitable for rehabilitation, or when an income eligible family is willing to relocate into a target area. New or reconstruction would occur when the cost to rehabilitate an existing house exceeds the maximum expenditure cap, or in the case of a household moving into a City Council designated target area through the Neighborhood Revitalization Program. In case of reconstruction, the existing house must be demolished. Consistent with the program objectives which aim to prevent the reduction of existing suitable low to moderate income houses and to expand the supply of decent, safe, sanitary, and affordable housing for low to moderate income families, the housing reconstruction component is voluntary. New homes will be limited to three (3) bedrooms.2. DEFINITIONS New Construction: New construction is defined as the building of a new home in a target area. New Construction will only occur when it is not feasible to build on the existing lot as determined by the Community and Housing Support staff (i.e. the lot is too small for required additions to the house), or in the case of a household moving into a target area through the homebuyer’s assistance component of the Revitalization Program. Reconstruction: Reconstruction is defined as the rebuilding of a new home or in limited cases, the majority of a new home, on the same lot of an existing home. The number of housing units on the lot may not be increased as part of a reconstruction project, but the number of rooms per unit may be increased or decreased subject to maximum funding limitations, the City of San Angelo’s Code of Ordinances, and family size. Reconstruction also includes replacing an existing substandard manufactured or mobile home with a conventionally constructed single family housing unit. For both new construction and reconstruction, the Model Energy Code will be followed to ensure that the new unit is energy efficient. All such houses will be free of all architectural barriers for physically handicapped residents. Substandard Condition and not Suitable for Rehabilitation: Dwelling units that are in such poor condition as to be neither structurally nor financially feasible for rehabilitation. Substandard Condition but Suitable for Rehabilitation: Dwelling units that do not meet standard conditions but are both financially and structurally feasible for rehabilitation. This does not include units that require only cosmetic work, correction of minor livability problems, or maintenance work. 20
  • 104. Standard Condition: Dwelling units that meet the minimum requirements as prescribed by the various codes adopted by the City of San Angelo and are in good condition requiring only cosmetic work, correction of minor livability problems, or maintenance work.3. FUNDING The funding for new construction will be through the Revitalization Program and special federal grants. Funding for reconstruction will be through the CHS Demolition Program and the Revitalization Program, CDBG, and special federal grants. The maximum amount that will be spent towards a new construction or reconstruction project will be based on the HUD Per Unit Subsidy limit. Demolition and temporary relocation expenses are excluded from this limitation, but are included in the total project cost. Total amount of change orders are not to exceed twenty-five percent (25%) of the bid amount. Change orders exceeding twenty-five percent (25%) of the bid amount must be approved by the City Manager or designee. The City will not reimburse homeowners or pay contractors for expenditures not approved.4. ELIGIBILITY REQUIREMENTS a. General. To be eligible for new construction, an applicant must apply for housing assistance through the homebuyer’s assistance component of the Revitalization Program. To be eligible for reconstruction, a homeowner must first apply for housing rehabilitation through the CHS Rehab Program. Applicants will be selected from existing rehab applications that have been denied because the existing home is substandard and not suitable for rehabilitation. All eligibility requirements set forth in Chapter 1 for an applicant to the rehabilitation component of the CHS Rehab Program apply, except where noted below, including: owner-occupant status; annual income; taxes; location; value of the home; existing loans; and property condition. In addition, a reconstruction applicant must agree to temporarily relocate during demolition and reconstruction and, if a participant in the Revitalization Program, agree to the requisite period of affordability upon occupying the house. • Owner-occupant of residential property in the case of reconstruction • Reside within the city limits of San Angelo, Texas • Meet the Department of Housing & Urban Development’s definition of moderate income households based on verified gross household income and household size. • Dwelling must be a single family structure • Dwelling must be household’s principal residence • Must not have been convicted of a felony within five years of application for assistance b. Title Check. Because of the cost and nature of reconstruction, a title check for outstanding liens must be performed before approval can be given for reconstruction. Title problems will remain with the owner as no acquisition is involved. Owners with complicated title problems and judgments will not be accepted. 21
  • 105. c. Existing Liens. In the case for reconstruction, the house should be paid for, but if not, there can be an existing lien as long as the lender is willing to subordinate the lien to the City of San Angelo’s lien. When appropriate, a local title company will examine the title for proof of ownership, title problems, pre-existing liens, and judgments. d. Capacity to Repay. The applicant must be able and willing to make monthly loan payments. In no case, will the loan payment exceed thirty percent (31%) of the anticipated adjusted household income. e. 15 Year Limitation. New homes constructed in the past fifteen (15) years are not eligible for rehab. Once the fifteen year period has expired, the house will be eligible.5. ADDITIONAL LOAN TERMS AND CONDITIONS FOR NEW/RECONSTRUCTION The City will provide assistance in the form of a grant for the demolition, a No-interest Deferred Payment Loan (DPL), and a 2% Housing New/Reconstruction Loan (HRL) for replacing the substandard unit or building a new structure on a separate lot. The DPL & HRL portions will be determined by the Grant-To-Loan Ratio Chart shown in Chapter 7, “Loan Terms and Conditions,” of these Guidelines. The HRL will be for a period of fifteen (15) years with 2% interest if funded through the Revitalization Program. The DPL will also be a fifteen (15) year note written off at 1/120th per month, unless the total amount of assistance is less than $40,000 in the case of new construction, in which case the DPL will be a ten (10) year note written off at 1/180th per month. Recapture Provisions: In the event of a sale, short sale and/or foreclosure, the amount recaptured will be limited to the amount of ‘net proceeds’ available at the time of such occurrence. Community and Housing Support has the right to review and assess special circumstances where recapture will cause homelessness and take appropriate action to avoid harm to include forgiving the HRL. Legal instruments, forms, and notices will include the following as applicable: o Application forms o Release in Full of All Claims o Housing Rehabilitation Agreement o Real Estate Lien Note(s) o Deed of Trust o Work write-up for Reconstruction o Notice to Proceed Form o Change Order form o Affidavit of Completion of Work (Work Performed by Contractor) o All Bills Paid Affidavit and Certificate of Warranty and Release o Waiver of Lien6. AFFORDABILITY PROVISIONS FOR NEW CONSTRUCTION 22
  • 106. Affordability requirements of 24 CFR § 92.254 of the Regulations for the following period (the “Affordability Period”) shall be met beginning after project completion for new construction or for the homebuyer’s assistance component of the Revitalization Program. CHS shall be responsible for screening applicants for assistance and maintaining affordability in accordance with those requirements. CHS will ensure that no application for new construction or homebuyer’s assistance is approved unless (i) the applicant and the home to be purchased will meet the affordability requirements of 24 CFR § 92.254, and (ii) the affordability requirements are enforced by means of a subordinate lien on the purchased property ensuring resale as set forth in 24 CFR § 92.254 (a)(5)(ii). The affordability period, occupancy requirements and the term of the DPL is based on the amount of HOME assistance that is provided. The DPL will be forgiven in equal amounts each month during the period of affordability. The following table indicates the term of the note and the number of years the household is required to occupy the home as their principal residence: Homeownership Assistance HOME Amount Per-Unit Amount of Assistance Up to $15,000 $15,000 to $40,000 More than $40,000 Affordability Period 5 Years 10 Years 15 Years (Occupancy Requirement) Verification of Loan Provisions: During the affordability period, CHS will verify the principal- residence requirement annually. Confirmation of residency will be accomplished through a review of tax and water department records. In addition, CHS staff will conduct on-site monitoring of approximately 10% of the HOME assisted properties annually to verify residency. A requirement of the program is that the home buyer will allow CHS staff to conduct on-site monitoring of the property.7. ADDITIONAL POINTS OF AGREEMENT The following are additional points of agreement that the applicant must agree to, as required, in order to participate in new/reconstruction, and by which the applicant is to abide:  VOLUNTARY RELEASE FOR DEMOLITION. If the existing house must be demolished for reconstruction or construction to occur, the applicant will first be required to sign a voluntary release giving the City of San Angelo permission to demolish their existing home using the CHS Demolition Program. In the case of new construction on a different lot, the home will be demolished and the lot will revert to the City of San Angelo in exchange for building on the new lot.  PRESERVATION OF THE SECURITY. Maintain the property and all improvements and permit the Community and Housing Support staff to inspect the property during the term of the loan. 23
  • 107.  HAZARD INSURANCE & PROPERTY TAXES. The owner(s) shall maintain hazard insurance and pay property taxes during the term of the loan. Failure to do so may result in foreclosure and resale of the property.  TRANSFER OF THE PROPERTY. Owner(s) agrees not to sell, transfer, or move out of the house without repaying the remaining portions of both loans, unless prior written consent from the Community and Housing Support Department is sought and received.8. PLANS, SPECIFICATIONS, AND CHANGE ORDERS Work write-ups, specifications, and plans will be prepared by or obtained by the Community and Housing Support staff. Such plans will provide decent, safe, and sanitary housing for the applicant’s existing family. The plans will be reviewed with the applicant before bids are requested. If the applicant does not approve the plans and adjustments cannot be made, then the project will not proceed. The Community and Housing Support Department reserves the right to either bid the project out turnkey to a General Contractor or to act as its’ own General Contractor, using in-house labor as feasible and bidding required trades to subcontractors. General or subcontractors will be required to adhere to the plans and specifications and to obtain all applicable permits. Change orders may not be negotiated between the applicant and either the general contractor or subcontractors, but may be negotiated between the applicant or the general contractor and Community and Housing Support.9. VOLUNTARY TEMPORARY RELOCATION ASSISTANCE Temporary relocation grant assistance may be provided to assist persons who must temporarily vacate their residence due to the reconstruction activities on their home. This grant and guidelines will be administered under the City of San Angelo’s Voluntary Temporary Relocation Assistance Policy, Appendix F, adopted by the City of San Angelo. Any applicant may choose alternative living arrangements paid for by the applicant with no assistance from the City. No eligible applicant will be required to accept the assistance offered to them.10. TIME FRAME FOR COMPLETION The City’s goal is to keep the family’s temporary relocation period to a minimum. The project start date is the date when demolition begins and the project end date will be the date when the house passes inspection and is issued a Certificate of Occupancy by the Building Inspection Department. The actual time frame for completing the project will be set forth in the Contract between the City and the contractor performing the work. The applicant will be given sufficient time as determined by Community and Housing Support to relocate from the home prior to demolition and to return to the home following reconstruction. In some cases, such as bad weather, this period may be extended by an amendment to the building Contract. A request for extension must be submitted by the contractor in writing to the Community and Housing Support Director, listing the exact days work could not be performed and the reasons. Extensions will be granted on a day per day basis only. 24
  • 108. 11. CONTRACTOR PROVISIONS In addition to the City of San Angelo’s Purchasing policies and procedures, the following provisions apply to contractors participating in the City’s New/Reconstruction Program. • Contractor must be currently registered with the City of San Angelo Permits office • Contractors cannot owe money to the City of San Angelo (including but not limited to overdue water bills, code violation fines, outstanding fees, etc.) • Contractor will not be awarded more than one new construction/reconstruction contract at the same time. One project must be 100% completed prior to getting awarded a new project. • Contractor shall obtain and be responsible for the obtaining of all necessary permits for the work to be performed, and agrees that the job being done or any part thereof shall not be deemed as finished until accepted by Owner and passed by the authorized inspector of the City of San Angelo. • Contractor shall ensure that all subcontractors have secured the necessary liability insurance to be licensed by the State of Texas. • Contractor shall ensure and provide proof of a builder’s risk policy with adequate coverage of reconstruction. Adequate coverage if further defined by being either the bid amount or a sum greater than the bid amount. • Contractor shall be responsible for all damages to persons or property that occur as a result of his fault or negligence in connection with the prosecution of the work and shall be responsible for the proper care and protection of all work performed until completion and final acceptance, whether or not payments may have been made by the City of San Angelo for all or part of the work to be done hereunder. • Contractor shall indemnify and save harmless the City of San Angelo and Owner from any and all liability for injury or death to persons or damages to property resulting from Contractors work. • Contractor shall keep the premises clean and orderly during the course of the work, remove all debris at the completion of the work, and provide a competent supervisor to be on the job site at all times during the progress of the work. • Contractor shall perform all work in conformance with applicable local codes and requirements whether or not covered by the Specifications and drawings for such work. • Contractor shall not discriminate against any employee or applicant for employment because of race, color, religion, disability, sex, familial status or national origin and shall take affirmative action to see that applicants for employment are employed and employees are treated during employment without regard to their race, color, religion, disabilities, sex, familial status or national origin. Such affirmative action shall further include but not be limited to the following: employment, upgrading, demotion, or 25
  • 109. transfer; recruitment or recruitment advertising; lay-off or termination; rates of pay or other forms of compensation; and selection for training, including apprenticeship. • Contractor will pay all costs of construction, including labor, materials, and subcontractors, and will furnish the City with releases from these costs. If any other lien claims are filed, Contractor will pay for their removal or else provide a statutory bond. • Contractor will neither make, nor charge for any alterations in the construction described in the plans and specifications unless Contractor, City of San Angelo, and Owner agree otherwise in writing. All extra work done and extra material so agreed to and furnished shall be paid for in cash upon completion, and such sum shall be a part of the indebted- ness hereby secured. Any alteration made without a written agreement will be considered performed under the original contract at no additional charge. • Contractor certifies and warrants to City of San Angelo and Owner that all materials, fixtures and equipment furnished are new, of good quality, and of good title. Should any defects appear within one year from the date of final acceptance and should such defects be caused by faulty materials, fixtures, equipment, or workmanship, Contractor shall promptly remedy these defects and pay for any damage to other work resulting there from. Notice of observed defects shall be given with reasonable promptness. All industry standard warranties are in effect. • Contractor shall not borrow, lend, or otherwise use Owner’s property to include but not limited to the use of trailers, hand tools, and other equipment.12. AWARD OF NEW/RECONSTRUCTION BID 26
  • 110. In addition to the City of San Angelo’s Purchasing Policy and Procedures the followingprovisions apply to awarding new/reconstruction bids. • Any contractor awarded a bid must adhere to all Contractor Provisions identified above in Section 11 of the Housing guidelines. • A bid can not be over 10% of the estimated cost of construction. If all bids received are higher than 10% of the estimated cost of construction then the project must be re-bid. • Bid will be awarded to the lowest responsible bidder. In the event that the lowest bidder has not previously been awarded a new/reconstruction contract by the City of San Angelo, the contractor will be required to show proof of capacity prior to being awarded a contract. • Proof of capacity includes but is not limited to: Previous new/reconstruction projects successfully completed and within budget, quality of workmanship, proof of financial responsibility. • Three references must be provided. References must be three of the following: Credit reference, a subcontractor, a client, or a professional reference (realtor, appraiser, etc.) • The contractor who wins the project contract will be the entity vetted for experience and capacity as outlined above regardless if a partner is involved. PAGE INTENTIONALLY LEFT BLANK 27
  • 111. CHAPTER 3DEMOLITION PROGRAM 28
  • 112. CHAPTER 3 DEMOLITION PROGRAM1. PURPOSE The Demolition Program is designed to assist in the removal of structures that are substandard and not suitable for rehab, thus eliminating slum and blight influences while improving the appearance and safety of the neighborhoods. Most structures demolished under the CHS Demolition Program will be vacant. In some cases, however, demolition assistance may be provided for an owner-occupied house so long as the demolition is performed in accordance with CDBG objectives, the City Codes regarding Dangerous or Substandard Buildings, and the City’s Voluntary Temporary Relocation Assistance policy. The demolition policy for occupied houses is discussed below under Eligible Project Sites.2. ELIGIBLE APPLICANTS In order to receive assistance under the Demolition Program, the applicant must generally meet the minimum requirements set forth for applicants for rehabilitation in Chapter 1 of these Guidelines; however, applicants whose adjusted annual income exceeds the moderate income limit, but is not more than 200% of the moderate income limit can qualify for a partial demolition grant. However, funds will be used primarily for those who meet the low to moderate income limits.3. ELIGIBLE PROJECT SITESa. The project site must be within City limits; b. Vacant structures such as houses, sheds, storage buildings, and detached garages or carports that are determined dangerous or substandard as set forth in the City of San Angelo Code of Ordinances (Article 4.12000 and Article 4.13000) and determined to be substandard and not suitable for rehabilitation as defined in Chapter 2 of these guidelines by the Housing Program Administrator; c. Occupied substandard, but suitable for rehab houses are eligible project sites provided that there will be proper documentation that a new house will be constructed and that the occupants have acquired temporary housing; d. Occupied substandard and not suitable for rehab are eligible project sites provided that appropriate alternative housing arrangements are made under one of the other programs described in these guidelines.4. SALVAGE RIGHTS/SALVAGABLE ITEMS In general, the applicant must remove all items that they wish to salvage prior to the undertaking of the demolition project. Once the Demolition Authorization form has been executed, the entire house and all items not removed will be part of the demolition.5. STEPS FOR DEMOLITION GRANT 29
  • 113. Detailed steps for submitting and processing demolition applications as well as specific steps to be followed when undertaking approved demolition work are included at the end of Chapter 8, “Application Process and Work Procedures.”6. ONE FOR ONE REPLACEMENT OF LOWER INCOME DWELLING UNITS 4 Federal regulations require that all occupied and vacant substandard but suitable for rehab lower income homes demolished in a federally assisted project must be replaced with comparable lower income homes. Though Federal Regulations grant some exceptions to this requirement at the discretion of the HUD field office, the City of San Angelo will not demolish an occupied substandard but suitable for rehab home without documentation that a comparable dwelling unit will be built. Further, the City of San Angelo will not demolish any vacant substandard but suitable for rehabilitation home.7. VOLUNTARY TEMPORARY RELOCATION ASSISTANCE POLICY Voluntary temporary relocation assistance may be provided to assist persons who must temporarily relocate due to the demolition work and reconstruction activities on their home. HUD Guidelines and the City’s Voluntary Temporary Relocation Assistance Policy adopted by the City of San Angelo, Appendix F, will be followed when providing voluntary temporary relocation assistance. Under no circumstances will permanent relocation assistance be provided in conjunction with activities assisted under this program, unless made under one of the other programs in these guidelines.4 24 CFR Subtitle A 42.375 30
  • 114. PAGE INTENTIONALLY LEFT BLANK 31
  • 115. CHAPTER 4HOMEBUYER’S ASSISTANCE PROGRAM 32
  • 116. Chapter 4 Homebuyer’s Assistance Program1. PURPOSE The purpose of the Homebuyer’s Assistance Program (HAP) is to assist low to moderate income families with the purchase of a home, thus expanding the supply of decent, safe, sanitary and affordable housing for low to moderate income families. Assistance for HAP will be provided as down payment and closing cost assistance in the form of a forgivable, no-interest, deferred payment loan (i.e. grant) to income qualified homebuyers on a first-come, first-served basis. The Community and Housing Support Department shall establish the amount of down payment and/or closing cost assistance for each qualified applicant who is eligible to receive assistance in accordance with the guidelines set forth in this chapter.2. LEGAL AUTHORITY Grants are available to the City of San Angelo from HUD through the HOME Investment Partnerships Program (HOME) pursuant to regulations 24 CFR Part 92 (the “Regulations”) promulgated under the Cranston-Gonzales National Affordable Housing Act.3. ELIGIBLE APPLICANTS To be eligible for the HAP, families or single individuals must be low/moderate income at the time the household initially occupies the property or at the time the HOME funds are invested, whichever is later. All income information must be verified. Income verification is valid for a six-month period following determination of income. If the home buyer does not close on the loan within six months of the income determination, income information must be provided and verified again. The family’s income will be calculated based upon the “Annual Income” definition adopted by the City Council for the HOME program as set forth in Section 3b of Chapter 1 and must not exceed the HUD established income limits for San Angelo, Texas, then in effect. In addition, the low/moderate income family may have no more than $5,000.00 consistently in their checking/savings account for a period of six months or more. In addition to the income eligibility requirements, the applicant must be approved by a lending institution; and the applicant must not owe debts to the City of San Angelo or any other local taxing entities.4. ELIGIBLE PROPERTIES Eligible properties include existing single-family dwellings or single-family homes yet to be constructed. Newly constructed homes, including those developed by Community Housing Development Organizations (CHDO) or their partners, must have a Certificate of Occupancy issued prior to final assistance payment. One Hundred Year Flood Plain: Homes located in the one hundred year flood plain are not eligible for HAP funding. Properties located within the 500 Year Flood Plain are eligible for assistance. 33
  • 117. A. Amount of Funds per Unit The amount of HOME funds invested on a per-unit subsidy basis in affordable housing may not exceed the per-unit dollar amounts established under Section 221(d)(3)(ii) of the National Affordable Housing Act, then in effect. The total amount of HOME assistance provided, including assistance provided under the HAP, Revitalization Program housing rehab component or any other HOME funded program, must not exceed the maximum per-unit subsidy established by HUD for San Angelo, Texas, then in effect. B. Property Inspection and Environmental Review Following the receipt and approval of the completed application and initial qualification, CHS will conduct an inspection of the property to determine property condition, compliance with property and environmental standards, Lead-Based Paint Inspection Standards (Refer to Chapter 6, “Lead Based Paint Hazards”), and local codes. The property must meet International Building Code Standards to insure all health and safety violations are corrected prior to closing. If the structure is determined to be a health or safety risk, the applicant and the lending institution will be notified in writing of the property’s deficiencies. CHS will make the first two HOME program required property inspections at no cost to the participating lending institution or buyer. All inspections thereafter of the same property will cost $25.00 each. It should be noted that this does not include FHA or VA inspections, but these costs may be included in closing costs. CHS will perform a limited environmental inspection of the property. Activities to assist home buyers are categorically excluded, not subject to 24 CFR §58.5. However, CHS must review the property for compliance with 24 CFR §58.6. (Flood Disaster Act, Coastal Barrier Resource Act, Runway Clear Zone) C. Property Appraisal A full appraisal of the property by a qualified third-party is necessary. A signed copy of the full appraisal must be provided to CHS before disbursement of HOME funds is approved. The appraised property value must be equal to or less than the published FHA 203(b) mortgage limits adjusted for size and type of housing. In no case will the sales price exceed the maximum FHA 203(b) mortgage limits established by HUD for San Angelo, Texas, then in effect.5. FORMS OF ASSISTANCE AND COST REQUIREMENTS A. Amount of Assistance For income qualified applicants, down payment assistance will be a minimum of $1,000 up to an amount that will keep the monthly housing cost (principal, interest, property taxes, and insurance, “PITI”) at or below the FHA Standard and up to 100% of all eligible closing costs with the total amount of all assistance being a maximum of $12,000 for properties located inside one of four neighborhoods targeted for revitalization, and $9,000 for properties located outside the target areas. Subject to the maximum allocations, closing cost assistance may also include $750.00 for the purchase of a City tax lot in a designated area of the City’s Urban Redevelopment Program. 34
  • 118. Amount of assistance will be calculated as such: • 15% of the appraised value of the home not to exceed $12,000 for homes located in target areas • 10% of the appraised value of the home not to exceed $9,000 for homes located outside the target areas but still in the city limitsApplicant’s personal funds, if any, that can be contributed towards the down payment may beused toward reducing the monthly payment if applicant so chooses.B. Forms of AssistanceHomebuyer’s assistance will be provided in the form of a forgivable, no-interest, deferredpayment loan (DPL). The DPL will be forgiven at a rate of 1/60th per month for 60 monthssubject to the affordability provisions of Section 8B of this chapter. If the program participantoccupies the home as set forth in Section 8B, no portion of the loan will have to be repaid. TheDPL will be reflected in a Second Subordinate Deed of Trust as a second lien.C. Eligible Costs.Eligible down payment and closing costs may be paid in an amount up to 100% of the maximumassistance of $12,000 or $9,000 and may include: • the amount of the down payment, • no more than 1% origination fee, • no more than 1% discount fee, • the full appraisal fee, • credit report, • 50% of the escrow/closing fee, • note and deed of trust preparation fee, • mortgagee title policy, • recording fees, • survey, • pest inspection, • flood certification, • required prepaid hazard insurance, taxes, and MIP, • document preparation fees, • and $750.00 for the purchase of a city tax lot in a designated area of the City’s Urban Redevelopment Program.Designated areas of the Urban Redevelopment Program are areas of the City that have beenidentified for infill development and are listed as Exhibit A to an Interlocal Agreement, datedNovember 17, 1998, among Tom Green County, San Angelo Independent School District, TomGreen County Appraisal District, and the City of San Angelo.D. Qualifying Ratios.Housing (front end) and debt-to-income (back end) ratios will be set to FHA standards and 35
  • 119. adjusted accordingly. The 2008 approved FHA qualifying ratios are 31% and 43%. Therefore, in order to receive assistance through the HAP program, the loan offered by an approved lending institution cannot exceed 31% of an applicant’s gross monthly income and the debt-to-income ratio cannot exceed 43% of the applicant’s gross monthly income. This change will allow a larger number of deserving families to purchase their first home while not increasing the risk of default. As always, if either or both ratios are exceeded on a manually underwritten or FHA mortgage, the lender must describe the compensating factors used to justify mortgage approval. If the ratios are higher and the loan is going FHA, then our department would be able to approve assistance. For those borrowers who qualify under FHA’s Energy Efficient Homes (EEH), as described in handbook HUD-4155.1 REV-5, paragraph 2-19, the “stretch ratios” are increased to 33% and 45%. At the time of closing, any earnest or option fee money collected for the transaction WILL NOT be paid back to the buyer. NO funds go back to the buyer at closing.6. APPLICATION PROCESS Applicants for the HAP may apply through a participating lending institution, a participating mortgage broker, or CHS. Applicants applying through a participating lending institution or mortgage broker will be referred to CHS. Applicants applying through CHS, who meet the income guidelines, will be referred to a participating lending institution or mortgage broker on a rotating basis. The lending institution or mortgage broker must qualify the applicant according to the lending institution’s requirements for mortgage loans. In order to participate in this program, applicants must meet the lending institution and HAP requirements. Applicants must also sign a Confidential Release of Information Form. Assistance will only be provided when the prospective program participant has been approved for a mortgage loan with a participating lending institution and either the participating lending institution or mortgage broker has signed a Letter of Understanding with CHS for HAP. CHS, the participating lending institution or the participating mortgage broker will explain the basic program requirements to give the applicant a fundamental understanding of the application process and approximate time frames involved, including, but not limited to, the following: 1. Assistance provided by the HAP; 2. Basic conditions of the deferred payment loan; 3. Income verification requirements; 4. Need for property inspection by CHS; 5. How HQS and local codes affect property eligibility; 6. Basic resale provisions; and 7. Lead based paint notice. The lending institution or mortgage broker must provide CHS with a copy of the mortgage application containing such information as borrower’s name and income, property address, sales price, loan approval amount, down payment and closing costs required, and total monthly housing costs including principal, interest, estimated taxes and insurance. CHS must also be provided a copy of the good faith estimate containing such information as itemized closing costs, a 36
  • 120. breakdown of prepaid items, and a total of settlement charges. All these items must be provided prior to approval of assistance. During the application process, the applicant must cooperate with CHS staff by completing the HAP application, providing all specified information and documentation to determine eligibility or any other applicable information necessary to determine eligibility and amount of assistance and, if approved, must sign all specified documents before HAP assistance can be provided. Failure to cooperate with CHS may result in a delay or denial of the applicant’s approval for HAP assistance. The Program Forms prepared by the CHS Department are the forms which must be used for the approval of an applicant’s participation in HAP. Upon closing, a copy of the signed closing statement, recorded deed, recorded first lien deed of trust, and original second lien deed of trust must be provided to CHS.7. RESPONSIBILITIES A. CHS’s Responsibilities. CHS will process applications for HAP, counsel applicants concerning HAP, answer their questions, and give other assistance to applicants as needed. CHS will also determine eligibility and amount of assistance in accordance with these Guidelines and otherwise act as servicing agent for the applications. CHS will provide the Written Notice prescribed by HUD to sellers that states the City will not enact its eminent domain to acquire the property its applicant is trying to acquire. CHS will notify the lending institutions and/or applicants promptly of any changes in the HAP. B. Applicant’s Responsibilities. During the application process, the applicant must cooperate with CHS staff by completing the HAP application, providing all specified information and documentation to determine eligibility or any other applicable information necessary to determine eligibility and amount of assistance and, if approved, must sign all specified documents before HAP assistance can be provided. Failure to cooperate with CHS may result in a delay or denial in the applicant’s approval for HAP assistance. HAP funds can only be provided under certain provisions. These include: • The buyer(s) must occupy the property as their principal residence. • The buyer(s) must occupy the property in accordance with the affordability period determined by the amount of HOME assistance invested in the home. • Property cannot be rented or subleased during the period of affordability. • The buyer(s) must hold the property in fee-simple title. • The ownership interest must be subject only to the first mortgage and Deed of Trust prior to the Second Deed of Trust. HOME BUYERS EDUCATION CLASS: Participants must attend Home Buyers Education programs or seminars sponsored by a participating lending institution or the City of San Angelo. The education programs must focus on home ownership and meet Fannie Mae or HUD guidelines for homebuyer education. A copy of the certificate of completion of the Home Buyers Education 37
  • 121. program must be provided to CHS. For online programs, participants must pass the end of course exam and provide proof to CHS. C. Lending Institution/Mortgage Broker Responsibilities The lending institution or mortgage broker will pre-approve potential homebuyers based on an affordable fixed rate mortgage for eligibility in the HAP and refer eligible homebuyers accepted into the lending institution or mortgage broker’s Community Home Buyers Program or equivalent program, to CHS. Referral of homebuyers will not be made until a determination is made that other financial resources are generally unavailable to the homebuyer. The lending institution or mortgage broker will conduct or refer home buyers to a Home Buyers Education Program or equivalent training seminar and maintain a record of attendance by home buyers referred to the CHS’s HAP program. Homebuyers must complete the seminars to be eligible for the program. The lending institution or mortgage broker will ensure that the applicant completes a Confidential Release of Information form so that CHS, the lending institution and the mortgage broker can share such information and provide a copy of the Confidential Release of Information form to CHS. The lending institution or mortgage broker will provide CHS with copies of the homebuyer’s loan application, income verifications, and other pertinent information, upon referral of the homebuyer for the HAP. The lending institution or mortgage broker will originate the mortgage loans made under this program. Sale of the mortgage loans and servicing is at the discretion of the lending institution; however, the lending institution or mortgage broker must notify CHS when loans are sold on a secondary market. The lending institution or mortgage broker must notify CHS prior to any foreclosure proceedings on any of the loans funded through this program. The credit-worthiness of each homebuyer and the suitability of the property as collateral for the mortgage loan will be determined by the lending institution or mortgage broker. The risk of nonpayment or other event of default by the homebuyer of the first mortgage lien is solely that of the lending institution or mortgage broker. The lending institution or mortgage broker acknowledges the only financial obligation of CHS is to pay, out of available HAP funds, down payment and approved closing costs as set forth in a Letter of Understanding between CHS and the lending institution and/or mortgage broker.8. PAYMENT AND LOAN PROVISIONS a. Payment Process HAP funds will be paid to the appropriate closing agency on behalf of the program participants after eligible amounts have been determined by CHS in accordance with these Guidelines. Closing agents must provide CHS adequate time to review and confirm the assistance amount, which is based on the final HUD-1 settlement statement. Incomplete or inaccurate information 38
  • 122. will delay the process. Charges left out or incorrectly reported on the settlement statement are notCHS’s responsibility. If changes are necessary due to errors or the date of the closing after CHSapproves the funding amount, the HAP assistance amount may be changed accordingly, up to themaximum amount of assistance. If such changes affect the 31% monthly payment rule, otherfunds must be provided to ensure that the 31% rule is met.b. Affordability RequirementsThe housing shall meet the affordability requirements of 24 CFR § 92.254 of the Regulations forthe appropriate period determined by the amount of HOME investment (the “AffordabilityPeriod”), beginning at the time HOME assistance is provided for down payment and closing costassistance or at completion of rehabilitation or construction with HOME assistance.CHS shall be responsible for screening applicants for down payment and closing cost assistanceand maintaining affordability in accordance with those requirements. CHS will ensure that noapplication for HAP is approved unless (i) the applicant and the home to be purchased will meetthe affordability requirements of 24 CFR § 92.254 of the Regulations, and (ii) the affordabilityrequirements are enforced by means of a subordinate lien on the purchased property ensuringresale as set forth in 24 CFR § 92.254 (a)(5)(ii).The affordability period, occupancy requirements, and the term of the DPL is based on theamount of HOME assistance that is provided. The DPL will be forgiven in equal amounts eachmonth during the period of affordability. The following table indicates the term of the note andthe number of years the household is required to occupy the home as their principal residence tofully comply with the HAP.Homeownership Assistance HOME Amount Per-UnitAmount of Assistance Up to $15,000 $15,000 to $40,000 More than $40,000Affordability Period 5 Years 10 Years 15 Years(OccupancyRequirement)c. Recapture ProvisionsIn the event of a sale, short sale and/or foreclosure, the amount recaptured will be limited to theamount of ‘net proceeds’ available at the time of such occurrence.d. Verification of Loan ProvisionsDuring the five affordability period, CHS will verify the principal-residence requirementannually. Confirmation of residency will be accomplished through a review of tax and waterdepartment records. In addition, CHS staff will conduct on-site monitoring of approximately10% of the HOME assisted properties annually to verify residency. A requirement of theprogram is that the home buyer will allow CHS staff to conduct on-site monitoring of theproperty. 39
  • 123. CHAPTER 5LEAD-BASED PAINT HAZARDS 40
  • 124. CHAPTER 5 LEAD-BASED PAINT HAZARDS1. GENERAL The CDBG and HOME Programs must adhere to title 24 of the Code of Federal Regulations as part 35, subpart J (24 CFR 35 Subpart J-Rehabilitation). Lead Hazard Reduction activities complying with the regulation, which took effect on September 15, 2000, will be done in order to safely reduce lead-based paint hazards in and around homes built prior to 1978, when lead-based paint was banned for residential use, for low/moderate income owner-occupied homes that receive housing rehabilitation assistance under any of the programs described in these guidelines. This chapter summarizes requirements and serves as an overview for the main objectives of the regulations. It will be used as a guide for carrying out lead hazard reduction activities in the CDBG and HOME programs. Also, any lead hazard reduction activities during housing rehabilitation will adhere to the Texas Department of Health’s Texas Environmental Lead Reduction Rules, as applicable.2. LEAD POISONING PREVENTION The primary reason for the reduction of lead-based paint hazards in homes built prior to 1978 is to protect children and families in these homes from the health risks of lead poisoning. Lead poisoning can cause permanent damage to the brain and other organs and can result in reduced intelligence and behavioral problems. Lead can also harm the developing fetus in an expectant mother. At greatest risk are children younger than 6 years old. Although special emphasis will be placed on homes with children younger than 6 years old, all homes receiving rehabilitation services will be evaluated and assessed for lead hazards and appropriate lead reduction activities will be carried out in a safe manner for the protection of both the household occupants and the workers according to the new regulations.3. LEGISLATIVE BACKGROUND The regulation falls under sections 1012 and 1013 of the Residential Lead-Based Paint Hazard Reduction Act of 1992, Title X of the Housing and Community and Housing Support Act of 1992. Sections 1012 and 1013 of Title X amended the Lead-Based Paint Poisoning Prevention Act of 1971, which is the basic law covering lead-based paint in federally assisted housing. The regulation for housing rehabilitation activities appears at title 24 of the Code of Federal Regulations as part 35, subpart J (24 CFR 35 Subpart J-Rehabilitation).4. TYPES OF HOUSING COVERED/NOT COVERED COVERED  All owner-occupied residential homes that have been approved for rehabilitation work and were built prior to 1978 (includes Emergency Repair Program projects).  Any post-1978 constructed home where a child or person resides who has been identified with an Elevated Blood Lead Level (EBLL). A Lead Inspection and or Risk Assessment will be done on these homes to determine if there is any lead-based paint in the home or 41
  • 125. in the soil around the home. If lead is found, a determination of the lead-based paint hazards associated with the presence of the detected lead will be conducted.  Outbuildings and fences are covered under subpart J. Under that subpart, treatment (paint stabilization, if the federal rehab assistance is up to $5,000 per housing unit; or interim controls, over $5,000 and up to $25,000; or LBP hazard abatement, over $25,000) is required only if the paint is deteriorated (up to $5,000) or the paint is deteriorated paint and, as is required for a risk assessment for over $5,000, found to be LBP. Note: For outbuildings and fences - If the paint is in good condition, it doesn’t need to be treated, even if it is tested and found to be LBP. NOT COVERED  Owner-occupied residential homes built after January 1, 1978, except for the above noted exception  Property that has already been found to be free of lead-based paint by a certified lead inspector  Property where all lead-based paint has been removed by abatement  Unoccupied residential homes that will remain vacant until demolished  Non-residential properties  Homes receiving rehabilitation or housing improvements that do not disturb a painted surface5. OVERVIEW OF REQUIREMENTS The “Lead-Safe Housing Rule - Applicability Form” and the “Lead-Safe Housing Rule Checklist for General Compliance Documentation” must be completed to insure all lead requirements are met as applicable for each project. APPROACH TO LEAD HAZARD EVALUATION AND REDUCTION The requirements for rehabilitation will correspond to the three approaches of lead hazard evaluation and reduction. Complete rehabilitation work must meet more stringent requirements than emergency repairs. The three approaches and the levels of rehabilitation assistance (costs) are: 1) Do No Harm (<$5,000) - Perform the rehabilitation in a way that does not create additional lead hazards. Clearance of work site. 2) Identify and Control Lead Hazards ($5,000 to $25,000) - Identify lead-based paint and hazards and use a range of interim control and abatement methods to address the hazards. Clearance of unit. 3) Identify and Abate Lead Hazards (>$25,000) - Identify lead-based paint hazards and remove them permanently by abatement. Clearance of unit.For the Homebuyer’s Assistance Program: 4) Identify and Stabilize deteriorated paint – Identify lead-based paint hazards and repair any physical defects causing paint deterioration, removing loose paint, and applying a new protective coating or paint. Assistance will be provided through the CHS Housing Rehabilitation Program. 42
  • 126. 6. NOTIFICATION REQUIREMENTS The following lead-based paint notification requirements apply to all homes receiving homebuyer’s or rehabilitation assistance: 1. Lead Hazard Information Pamphlet (24 CFR 35.910 & 35.130) “Protect Your Family From Lead In Your Home” pamphlet must be given to each rehab applicant at time of application, with applicant signing an acknowledgment of receipt. 2. Notice of Hazard Evaluation or Presumption. (24 CFR 35.910 & 35.125). Applicant must be given notification of any lead hazard evaluation results (or the presumption of lead-based paint/hazards) within 15 days of completion. 3. Notice of Hazard Reduction and Clearance. (24 CFR 35.125). Applicant must be given a summary of the nature and scope of the completed hazard reduction activities. Also results of the final clearance testing must be given within 15 days of completion.The following chart summarizes the requirements of the regulation: REQUIRED ACTIVITIES TO ADDRESS LEAD-BASED PAINT Rehabilitation HomebuyerCost of Rehab $5,000 $5,000 to $25,000 >$25,000 N/AApproach to 1. Do no harm. 2. Identify and 3. Identify and abate 4. Identify andLead Hazard control lead lead hazards stabilizeEvaluation and hazards deteriorated paint.ReductionNotification All 3 types All 3 types All 3 types All 3 types.Lead Hazard • Paint testing of • Paint testing of • Paint testing of • Visual AssessmentEvaluation surfaces to be surfaces to be surfaces to be disturbed by disturbed by disturbed by rehabilitation rehabilitation rehabilitation • Risk Assessment • Risk AssessmentLead Hazard • Repair surfaces • Interim Controls • Abatement • Paint StabilizationReduction disturbed during • Safe work • Safe work practices • Clearance of unit rehabilitation practices • Clearance of unit • Safe work • Clearance of unit practices • Clearance of work siteOptions • Presume lead- • Presume lead- • Presume lead-based • Test deteriorated based paint based paint and/or paint and/or paint. • Use safe work hazards hazards • Use safe work practices on all • Use standard • Abate all applicable practices only on surfaces treatments surfaces lead-based paint surfaces. 43
  • 127. As shown in the preceding chart, the lead hazard evaluation and reduction activities required for rehabilitation projects depends on the dollar amount of rehabilitation assistance committed to the project. This level of assistance is determined by the rehabilitation project hard costs. The rehabilitation hard costs exclude the following soft costs when calculating the level of assistance: • Administrative costs • Inspections and specification preparation fees • Environmental reviews • Temporary relocation costs • Lead hazard evaluation and reduction work7. Lead-Based Paint Reduction Activities During Property Inspection The property inspection for complete rehabilitation on types of housing covered will also include a lead hazard evaluation and paint testing. The lead hazard evaluation will be carried out either by a Community and Housing Support staff member who is a State Certified Lead Inspector/Risk Assessor or by a private Certified Lead Inspector/Risk Assessor. A post-1978 constructed home that is being inspected for complete rehabilitation, in which a child having an identified (EBLL) resides requires an interior and exterior risk assessment to determine if there are any lead-based paint hazards in the home or lead in the exterior soil that is causing the child to be poisoned. If any lead is found, then lead reduction activities will be included as part of the project. Based on the inspection, CHS Housing Programs staff will prepare a work write-up and cost estimates for the project, keeping in mind that only the hard cost estimate will be used to determine the appropriate approach and lead hazard reduction activities to be carried out. The approach to “Identify and Control Lead Hazards” which involves interim controls will be followed. Property inspection for emergency rehab work, less than $5,000 in hard costs, on pre-1978 constructed homes will automatically use the presumption of lead in the home and follow the “Do No Harm” approach with required activities as outlined in the preceding chart.8. Planning the Work Once the location and nature of lead hazards have been determined, the rehab staff and Lead Inspector/Risk Assessor will determine how these hazards can be best addressed in conjunction with the regular rehabilitation work. Key issues to consider will be: • What interim controls and what abatement work will be accomplished • What methods will be used to reduce lead-based paint hazards (i.e. paint stabilization or component removal) • How lead reduction work will be coordinated with the regular rehabilitation work • If occupants need to be temporarily relocated to protect them and/or will household contents need to be removed from the home to speed the work 44
  • 128. 9. Coordinating Rehabilitation and Lead Hazard Reduction Work For most projects on pre-1978 constructed homes, the CHS Department will use Certified Lead Abatement workers to perform both the carpentry work and lead-based paint reduction work. When financially feasible, and when Certified Lead Firms are available, entire rehab projects involving lead reduction activities may be bid out on a turn-key basis (Details of lead-based paint requirements must be incorporated into bid specifications). In conjunction with the carpentry work and lead reduction work, contractors will be used to perform the plumbing, electrical, roofing, and painting work. Close attention to detail will be necessary to safely coordinate the lead reduction work with the regular rehabilitation work and to prevent exposure of both the home’s occupants and the workers to lead contaminated dust during the rehabilitation process. In any project requiring lead reduction work, a pre-construction conference will be held. The pre- construction conference will be used as an opportunity for program staff/workers, contractor(s), and the homeowner(s) to meet in person and review key aspects of the rehabilitation work and any related lead hazard reduction activities. It also will be an opportunity to establish open lines of communication, make expectations and roles clear, and to bring up concerns. The following persons will attend pre-construction conferences when called for: • All Community and Housing Support staff and workers involved with the project • The general contractor and subcontractors as applicable • Homeowner(s) and owner‘s representative (Usually a Son or Daughter) • Building Permit staff as applicable The Housing Program Administrator will coordinate the work without creating additional hazards to either the home or the persons working on the project. Some possible scenarios include: • Abate all lead-based paint before any other work is performed; or • If feasible and safe, have some or all of the plumbing and electrical work done first; OR • Perform lead hazard reduction work and rehabilitation in stages; • Painting will be performed as the next to last stage; and • Carpeting and other required flooring will be done as the last stage.10. Voluntary Temporary Relocation Occupants of homes with lead-based paint hazards must voluntarily temporarily relocate if necessary to facilitate the lead reduction activities. Temporary relocation assistance is available under the City’s Voluntary Temporary Relocation Assistance Policy. Not all lead reduction activities or related rehabilitation work will require temporary relocation. The Lead Inspector/Risk Assessor will determine this need based on the extent of the rehabilitation and hazards associated with the lead hazard reduction work. 45
  • 129. Some situations requiring temporary relocation in connection with lead reduction activities are as follows: • A child under the age of six occupies the home; • Occupants cannot enter the work site due to containment measures; • Situations in which lead contaminated debris and dust cannot be contained in the work site and may be spread to other areas of the home.11. Supervising Lead Hazard Reduction Activities The Certified Lead Supervisor will oversee the lead hazard reduction work by making site visits as required to ensure that the proper safe work practices are being carried out. The safe work practices that will be adhered to are as follows: • Occupant Protection. Eliminating risks of exposing occupant(s) to lead contamination by restricting access to the work site, containing debris and dust during work, using safe work practices, and cleaning the work site frequently. Also, it may mean temporarily relocating occupants. • Work Site Preparation. Taking the following measures to reduce the spread of debris and dust to other parts of the home: sealing doorways with poly sheeting; sealing off AC vents; covering floors, furniture, ground, and shrubs with poly sheeting; wrapping removed debris/building components with poly sheeting before disposal; removing lead contaminated protective clothing before leaving the work site; and by posting warning signs at entrances to the work site that are visible up to 20 feet from the work site. • Worker Protection. Following the Texas Department of Health (TDH) safety regulations applicable to workers who come into contact with lead, such as using safe work practices, wearing NIOSH-approved respirators; and wearing disposable gloves, work suits, booties, and head coverings. • Daily Cleanup. Performing daily cleanup to rid job site of debris consisting of removed components, paint chips, and dust in an effort to reduce occupant and worker exposure to lead hazards. A good daily cleanup will also reduce the chance that lead dust will be tracked to other parts of the dwelling and it will also facilitate the final cleanup for clearance. Daily cleanup will be monitored closely by the Housing Program Administrator or onsite Lead Supervisor. • Safe Work Practices (Treatment Methods). Safe work practices will minimize dust and the spread of lead contamination. Safe work practices will be required when disturbing more than 20 sq ft of exterior surfaces, 2 sq ft of interior surfaces, or more than ten percent (10%) of the total surface area of deteriorated paint on the exterior component. 46
  • 130. The following chart summarizes safe work practices for treating lead-based paint. HUD STANDARDS FOR SAFE AND PROHIBITED METHODS FOR TREATING LEAD-BASED PAINTExamples of Safe Treatment MethodsRemoval of defective paint by:  Wet scraping;  Wet sanding;  Chemical stripping off site;  Replacing painted components;  Scraping with infrared or coil-type heat gun with temperatures below 1,100 F;  HEPA vacuum sanding;  HEPA vacuum needle gun; and  Abrasive sanding with HEPA vacuum.Covering of defective paint with:  Durable materials (such as, wallboard, or vinyl siding) with joints sealed and caulked.Prohibited Treatment Methods (24 CFR 35.140)  Open flame burning or torching;  Machine sanding or grinding without HEPA local exhaust;  Abrasive blasting or sandblasting without HEPA local dust;  Heat guns operating above 1,100 F or charring paint;  Dry scraping or dry sanding except in conjunction with heat guns or within one foot of electrical outlets; and  Paint stripping in a poorly ventilated space using a volatile stripper that is a hazardous substance.12. Final Inspection and Clearance When all rehabilitation work and lead reduction activities are completed, the Housing Program Administrator and the Lead Abatement Supervisor will perform checks to ensure that all work is complete and proper cleanup procedures have been done. The following procedures are necessary in order to clear a house that has undergone lead reduction activities: • Final Inspection. The final inspection includes ensuring that all lead hazard reduction work has been completed properly and that proper cleanup has been performed. As part of the inspection process, the inspector will complete the Housing Quality Standards Inspection Form and check for completion of all work against the work write-up(s) and specifications. 47
  • 131. • Clearance. The purpose of clearance is to make sure that the home is safe for occupants to return. Occupants will not be permitted to return to the home or contained work area until it has passed clearance. It is crucial that the work site is thoroughly cleaned before the clearance examiner arrives to take samples. If the home does not pass clearance, additional cleaning and another clearance inspection will be required. If the lead reduction activities are being done by a contracted Lead Firm, then it will be the responsibility of the firm to do the additional cleaning and testing at its cost and with no additional charge to Community and Housing Support Department.• Occupant Notification. Community and Housing Support staff will notify applicant of the results of the hazard reduction and clearance testing within 15 days of receiving the results.• Documentation. The Community and Housing Support staff will properly document key activities and retain the following records for the life of the structure;  all Lead Inspection/Risk Assessment reports;  all work write-ups;  specifications,  any warrantees/guarantees;  results of all lab tests before and after work;  copies of all notices given to homeowner; and  before and after photographs of home. 48
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  • 133. CHAPTER 6LOAN TERMS AND CONDITIONS 50
  • 134. CHAPTER 6 LOAN TERMS AND CONDITIONS1. CHS REHAB AND HOME REVITALIZATION PROGRAMS GRANT-TO-LOAN RATIO CHART Once annual income has been determined, eligibility established, and program participation agreed upon, emergency repairs not funded under the Emergency Repair 100% Grant Program, rehabs, reconstructions, and new constructions* will be funded with a combination deferred loan and no-interest loan using the ratios based on the following sliding scale: Income as a % of 80% of the median for % Grant % Loan family size: 0% to 30% 75 25 31% to 50% 65 35 51% to 60% 50 50 61% to 80% 40 60 2. DEMOLITION PROGRAM GRANT-TO-LOAN RATIO CHART Once annual income has been determined, eligibility established, and program participation agreed upon, the cost of demolition will be funded with a combination of grant and 2% interest loan using ratios based on the following sliding scale: Income as a % of 80% of the median for family % Grant % Loan size 0% to 100% 100 0 100% to 110% 90 10 111% to 120% 80 20 121% to 130% 70 30 131% to 140% 60 40 141% to 150% 50 50 151% 49 51 For every 1% For every 1% 152% to 200% increase over 150% increase over 150% decrease the grant increase the loan 51
  • 135. percent by 1. percent by 1. Example #1: Extremely Low Income Family a. As of February 2005, the moderate income limit for a family of four (4) is $36,100 b. If a family of four (4) has an annual income of $9,295, divide $9,295 by $36,100 (annual income divided by moderate income limit for a family of four) which is equal to 0.257 or 26%. c. According to the Demolition Grant-to-Loan Ratio Chart, this family falls in the 0% to 100% category and would have a Grant to Loan Ratio of 100% grant and 0% loan. d. If the total bid cost to demolish the home was $5,000, then the grant would cover all costs to demolish the house. Example #2: a. As of February 2005, the moderate income limit for a family of three (3) is $32,450. b. If a family of three (3) has an annual income of $40,000, divide $40,000 by $32,450 which is 1.232or 123% c. According to the Demolition Grant-to-Loan Ratio Chart, this family falls in the 121% to 130% category and would have a grant-to-loan ratio of 70% grant, 30% loan d. If the total bid cost to demolish the house/building was $5,000, then the loan portion would be $1,500 ($5,000 x .30 ((30%)) = $1,500) and the grant portion would be $3,500 ($5,000 x .70 ((70%)) = $3,500) e. Their monthly payments would be $25 a month for 60 months. Example # 3: a. As of February 2005, the moderate income limit for a family of three (3) is $32,450. b. If a family of three (3) has an annual income of $60,000, divide $60,000 by $32,450 which is 1.848 or 185% c. According to the Demolition Grant-to-Loan Ratio Chart, this family falls above 150% income at 185% and would have a grant-to-loan ratio of 15% grant (185% - 150% = 35%, thus 50% - 35% = 15%) and a 85% loan (185% - 150% = 35%, thus 50% + 35% = 85%) d. If the total cost to demolish the home/building is $5,000, then the loan portion would be $4,250 ($5,000 x .85 ((85%)) = $4,250) and the grant ratio would be $750 ($5,000 x .15 ((15%)) = $750). e. Their monthly payments would be $35 for 119 months and a final payment of $85.3. MAXIMUM LOAN AMOUNT In accordance with Chapter 1 of these guidelines, the maximum loan amount for the CHS Rehab Program will be $24,999. The maximum time to pay off the loan will be ten years (120 months). The maximum time to pay a new/reconstruction loan is 15 years (180 months), unless the loan amount exceeds $30,000, in which case, the loan may be up to fifteen years (180 months). New construction will be financed under terms applicant selects after all amounts of assistance have been determined. 52
  • 136. For both Programs, the minimum monthly payment for any loan is $25, except the final payment could be less than $25 to pay the remaining balance. Generally, the monthly payment should not exceed 30% of total adjusted household income. Emergency repairs not covered by the 100% Grant Program or minor repair loans will be set in amount and duration in accordance with these guidelines. In most complete rehab loans, the monthly payment amount will be determined by dividing the amount of the loan by 120; however, the CHS Department may reduce the number of months if the loan will be affordable to the homeowner. New/reconstruction loans will be calculated by dividing the amount of the loan by 120 or 180 months for the monthly payment as applicable. All loan payments will be in whole dollar amounts except for the last payment which will be used for any adjustments. Example #1: $500 loan = 20 monthly payments @ $25.Example #2: $10,000 loan for 10 years = 119 monthly payments @ $84 and 1 @ $4.Example #3: $4,000 loan = 117 monthly payments @ $34 and 1 @ $22. Example #4: $12,500 loan for 10 years = 119 monthly payments @ $104 and 1 @ $124. Example #5: $15,000 loan for 10 years = 120 monthly payments @ $125. Example #6: $32,000 loan for 15 years = 179 monthly payments @ $178 and 1 @ $138. The actual terms of the loan will be set forth in the Real Estate Lien Note. Under no circumstances will an applicant be forced to sign a Real Estate Lien Note; however, no rehabilitation or reconstruction work can begin without a signed Real Estate Lien Note.4. PAYMENTS AND PAST DUE ACCOUNTS Payments shall be due on the 5th day of every month and are late if paid after the 15th of the month, unless the 15th falls on a weekend or holiday, in which case payment is due on the next business day. A Late Payment Fee in the amount of $5.00 will be charged for each and every month for which payment is not received by the 15th of the month in which payment was due, with appropriate exceptions made for those instances when the 15th falls on a weekend or holiday. Late Payment Fees for past due accounts will be noted on the next month’s statement with the total amount due being the amount of the current month’s payment, all past due monthly payments, and all Late Payment Fees. Semi-annually, all loan accounts will be reviewed for payment status. All delinquent account holders will be sent a letter requesting the account holder to contact the CHS Department for a counseling session. If appropriate, the account holder will be referred to an approved non-profit credit counseling agency to work out a plan to pay the amount past due, including Late Payment Fees, and resume monthly payments. 53
  • 137. If the account holder fails to contact the CHS Department or fails to meet the plan worked outwith the credit counseling agency, a letter will be sent notifying the account holder that until theloan is made current they will not be eligible for further assistance under either the CHS RehabProgram or the Revitalization Program. Accounts will be turned over to the City Attorney if nopayments are made during a 12-month period. 54
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  • 139. CHAPTER 7 APPLICATION PROCESS ANDPROGRAM WORK PROCEDURES 56
  • 140. CHAPTER 7 APPLICATION PROCESS AND PROGRAM WORK PROCEDURESThis chapter sets forth the application process and program work procedures for all programs outlined inthese guidelines. For all programs, interested residents’ of San Angelo are placed on an inquiry list bydate and time. Interested residents are responsible for contacting CHS with any change to their phonenumber or address. When the resident reaches the top five on the inquiry list and CHS staff is ready toproceed with work on their home, CHS staff will schedule an application appointment with the resident.If the applicant is physically unable to make the appointment, arrangements will be made for an on-siteapplication interview. The applicant will need to bring to their appointment: • Photo ID card(s) for all adults living in the household • Social Security Cards for all individuals living in the household • Birth Certificate(s) or Social Security Card(s) for all children staying in the household • Verification of all income for anyone that is working or receiving income and living in the house including: Social Security, child support, TANF, unemployment, worker’s comp, retirement income, and/or job earnings, with the names, addresses and phone numbers needed for verification purposes. Each individual’s last 3 months of paycheck stubs must also be provided and if necessary, previous years’ tax returns • Payments of any outstanding debts or credit cards • Two most recent statements of checking and/or saving accounts and account numbers • Copy of Divorce Decree if applicable (i.e. Child Support, property settlement purposes, name change, etc) • Copy of the Warranty Deed on their property (not applicable for new construction or the Homebuyer’s Assistance Program)For all programs except emergency repairs, applicants must complete Part 1 (Initial Application)and Part 2 (Income Verification). All necessary forms can be found in Appendix G.1. Initial Application. Fill out as much of application as possible upon initial office visit by applicant. Complete all applicable parts of the following forms and get required signatures/dates. As applications are received, date and stamp all documents.  Application Forms  Supplemental Application for Additional Household Members (if necessary)  Acknowledgment Form  Income Inclusion And Exclusion Form  Eligibility Release Form  Give Applicant EPA pamphlet, “Protect Your Family From Lead In Your Home,” and have them sign/date acknowledgment of receipt at bottom of form. 57
  • 141.  Verify ownership. Make copy of: Warranty Deed, Deed for Life Estate, Contract for Deed, Affidavit of Heirship or Probated Will, or Quitclaim Deeds as appropriate. Verify Valid Photo I.D. Make copies of Driver’s License or TX DPS Photo I.D. with correct address for all adults staying in the house. Make copies of Social Security Cards for all individuals who may be staying in home. Verify correct names, birth dates, address, and social security numbers on the application. Verify minor children in home by making copy of official Birth Certificates or Social Security Cards. Verify income from employment by making copies of last two check stubs, if available, and complete Verification of Employment Income Form, which will be mailed or faxed to Employer(s). This will be done for each employed adult household member. Verify child support by making copy of Divorce Decree or statement from Attorney General’s Office if amount of support is different from Divorce Decree. Verify Social Security benefits received by completing Social Security Benefits Verification Form & send by mail or fax to Social Security Office. Applicants may bring in current statements of social security benefits to speed up the verification process. Verify VA benefits by either having applicant bring in current statement from VA or by completing VA verification form and mailing to County VA office. Verify any unemployment or worker’s compensation benefits by having applicant bring in current statement from appropriate office. Verify Retirement benefits by having applicant bring in current statement from retirement provider and completing “Verification of Pension and Annuities Form.” Verify Self Employment income by having applicant bring in copy of previous year’s tax return and record of current year’s income. Verify income from military service by having applicant complete applicable form. Verify any miscellaneous income with appropriate documentation, (e.g., Statement from Department of Human Services on any TANF received from the state). Verify recurring cash by having applicant bring in a notarized statement listing the monthly income received (Not Applicable for HAP) Verify PHA and make copy of PHA card (Only applicable for applicants applying to the Elderly Duplexes). Verify assets by having applicant complete “Verification of Assets on Deposit Form” 58
  • 142. 3. Steps for Emergency Repairs.  Verify income eligibility by initially examining all income documents for all occupants of the household. Copies of the income documents must be placed in the file within one week of initial examination. Complete the “Form for Calculation of Annual Income” upon examination of the income documents. Immediately complete the “Income Eligibility Verification” form to determine if the household is income eligible. Have applicant sign a Release In Full Of All Claims form (Notarization Required).  Verify ownership. Visually examine the Warranty Deed, Deed for Life Estate, Contract for Deed, Affidavit of Heirship or Probated Will, or Quitclaim Deeds as appropriate. Copies of the ownership documents must be placed in the file within one week of initial examination.  Verify Valid Photo I.D. Copies of Driver’s License or TX DPS Photo I.D. with correct address for all adults staying in the house must be placed in the file within one week of initial examination.  Copies of Social Security Cards for all individuals who may be staying in the home must be placed in the file within one week of initial examination.  Inspect home to determine if an emergency condition exists and complete Preliminary Inspection notes.  Take photos of items in need of emergency repair and also exterior front and rear shots of house. Process photos.  Complete Certification of Categorical Exclusion and the Lead-Safe Housing Rule- Applicability Form.  Call the pre-approved contractors on a rotating basis for a quote to complete the repair(s) needed.  The Housing Program Administrator will make recommendations based on the quote received. Community and Housing Support Director must approve emergency repairs.  CHS staff must verify all contractor(s)/subcontractor(s) to work on the emergency repair are not debarred by the Federal government prior to commencement of the work.  CHS staff will call the contractor to have work begin immediately.  Housing Program Administrator or other designated inspector will inspect all work to ensure that it is performed and completed in a proper manner, and will also confer with contractor(s) as necessary regarding the work performed.  Meet with applicant(s) to sign documents and acquire any documents not previously provided. 59
  • 143.  Double check forms for completeness. Give case folder to Assistant Program Administrator to set up the folder, requisition the quote for the emergency repair.  Contractors will turn in invoices for completed work for payment.  Invoice Processing: Stamp received, enter date, enter case number and address if necessary, and enter budget account number(s). Obtain appropriate approvals as required and give to Assistant Program Administrator for payment processing through HTE system. NOTE: All work must be completed or inspected before processing invoices. Turn original invoices in to Finance for payment. Copies of completed invoices will be filed in appropriate case folder and amount entered on Expenditure Ledger by Assistant Program Administrator.  Housing Program Administrator will insure all Inspection Reports are completed and placed in project folder.  Complete check list and ensure that all required documents are in folder.4. Steps for Rehabs. Eligibility Verification Verify income eligibility by completing “Form for Calculation of Annual Income” once all income verification forms have been obtained.  Send Notification Letter to applicant if calculation of adjusted income is over current income limits. Case Number Assignment If applicant is income eligible, Assistant Program Administrator will assign case number and prepare case folder in specified format with appropriate entries:  Enter applicant’s name, address, and case number into Paradox Database for cross- referencing purposes.  Check file to determine if any existing loans are current. If not, send a collection letter stating project will proceed once existing loans are current. Verify household composition.  Look up Tom Green County Appraisal District to determine ownership of the property and order title search from abstract company.  Inspect home and complete Preliminary Inspection notes as applicable.  Complete Site Specific Check List and the Lead-Safe Housing Rule-Applicability Form.  Take photos of items in need of minor repair and also exterior front and rear shots of house. Process photos. 60
  • 144.  For houses built prior to 1978, perform lead hazard evaluation and paint testing on all surfaces to be disturbed by minor repairs and if necessary design steps to reduce lead hazards (Refer to Chapter 5 “Lead-Based Paint Hazards” for further requirements). Using inspection notes and photos, prepare preliminary cost estimate and grant-to-loan ratio amounts along with estimated monthly loan payment. Contact applicant by phone to discuss and determine if applicant is agreeable to loan amount. If applicant is agreeable, using inspection notes and photos, prepare written bid documents for rehab work including specifications, insurance requirements, notice of City’s policy for lowest responsible bidder. Mail or fax out finished minor repair specifications to approved contractors for bids. Depending on the urgency of the job, give a due date for the bids ranging from 2 to 10 working days. On due date/time, open bids and record results on a Bid Tabulation form. Also on Bid Tabulation form, record name of persons present at bid opening. At least two must be present. Under comments section, the Housing Program Administrator will make recommendations based on the low bid submitted. Figure total cost of rehab work based on low bid, recording fees. Compute amount of grant and amount of loan that can be offered to applicant based on adjusted income from “Form for Calculation of Annual Income” and figuring percentages using the Grant-To-Loan Ratio Worksheet. Discuss the estimated total cost for rehab and estimated grant-to-loan ratio with the Community and Housing Support Director before the offer is discussed with the applicant. Check files to determine if income is current within 6 months. If not, call the applicant, update the application and reverify all sources of income. Contact applicant to inform him or her of the total cost of the project with a breakdown on the amount of grant and the amount of loan available to them and an estimate on their monthly payment. After completion of the budget analysis by the credit counseling agency, if required, make any adjustments as necessary to the monthly payment amount to fit the household budget with minimum payment of no less than $25. (If applicant is unable to pay the $25 minimum, approval from the Community and Housing Support Director is required). Prepare request for approval to Community and Housing Support Director, giving all pertinent details, costs involved, and with the breakdown amounts for the grant-to-loan ratio. Present request to Community and Housing Support Director for approval. Inform applicant of approval and set up appointment for signing of all loan documents. 61
  • 145.  Prepare all loan documents: 1. RELEASE IN FULL OF ALL CLAIMS; 2. Real Estate Lien Note; 3. Deed of Trust; and 4. Housing Rehab Agreement.  Meet with applicant(s) at appointed time to sign documents and any incomplete application forms, e.g., Income Eligibility Verifications, Grant-to-Loan Worksheets, etc.  Explain and have applicant sign: 1. RELEASE IN FULL OF ALL CLAIMS; 2. Real Estate Lien Note; 3. Deed of Trust; and 4. Housing Rehab Agreement. NOTE: Notary Acknowledgment must be included on RELEASE IN FULL OF ALL CLAIMS and Deed of Trust.  Provide the applicant with copies of all four above documents.  Explain monthly statements, payment procedures, and policy on late payment fees.  Have contractor sign Housing Rehab Agreement and set Notice to Proceed date to start project.  Double check all application forms and loan documents for completeness. Give case folder to Assistant Program Administrator to set up new loan and to requisition purchase orders on bids.  File Deed of Trust with County Clerk prior to commencement of work.  Housing Program Administrator or other designated inspector will inspect all work to ensure it is performed and completed in a proper manner, and will also confer with contractor(s) as necessary regarding the work performed.  Carpenters and contractors will turn in invoices for completed work for payment.  Invoice Processing: Stamp received and enter date, enter case number and address if necessary, and enter budget account number(s). Obtain appropriate approvals as required and give to Assistant Program Administrator for payment processing through HTE system. NOTE: All work must be completed and inspected before processing final invoices. Turn original invoices in to Finance for payment. Copies of completed invoices will be filed in appropriate case folder and amount entered on Expenditure Ledger by Assistant Program Administrator.  Housing Program Administrator will insure all Inspection Reports are completed and placed in project folder. Amount of CHS labor expended will be entered on Expenditure Ledger by Assistant Program Administrator.5. Steps for New/Reconstruction. The following steps are to be taken for new/reconstruction under the Revitalization Program except when specific to either program. Part 1 (Initial Application) and Part 2 (Income Verification) must be completed before proceeding 62
  • 146. Eligibility Verification  Verify income eligibility by completing appropriate “Form for Calculation of Annual Income” once all income verification forms have been obtained.  Send Notification Letter to applicant if they qualify or if the adjusted income is over current income limits.Case Number Assignment.If applicant is income eligible, Home Program Administrator will assign case number and preparecase folder in specified format with appropriate entries:  Enter applicant’s name, address, and case number into Paradox Database for cross- referencing purposes.  Determine if location of structure is in a City Council designated Target Area.  Check for any existing rehab loans.Verify Household Composition.  Look up Tom Green County Appraisal District to determine homeownership and Value of Building and order title search from abstract company.  Inspect home: conduct complete survey of house and completely fill out Preliminary Inspection Notes. o Complete Certification of Categorical Exclusion and the Lead-Safe Housing Rule- Applicability Form. Complete Site Specific Review Checklist if applicable. o Make sketches as appropriate for new cabinets or for new layouts for kitchen or bath. o Take all necessary measurements and notes on Preliminary Inspection Notes. o On all homes built prior to 1978, perform lead hazard evaluation and paint testing on all surfaces to be disturbed by rehabilitation work and if necessary, design steps to reduce lead hazards (Refer to Chapter 6 “Lead-Based Paint” for further requirements). o Take photos of the house obtaining front, rear, and side photos of exterior; interior photos as required including photos of both exterior/interior items that will depict the existing conditions of home. o Before leaving the home, discuss with owner the work that needs to be accomplished to bring house into compliance with applicable City Building Codes and Housing Quality Standards. 63
  • 147. o Ask owner about any special requests such as handrails, ramps, etc. that have not already been discussed. Process photos of house, making extra copies of exterior front/rear/side shots to send to Texas Historical Commission for historical clearance. For homes eligible for reconstruction, have applicants choose from a set of floor plans suitable for household size and lot. Once bids are opened, review the low bids to ensure they are within budget and that the contractor meets the required insurance requirements as set forth by the City of San Angelo’s Risk Management Office and has signed a Drug Free and Debarment forms within the last 12 months. Using the low bids and in-house estimates from the CHS carpenter or the complete turn-key bids from the general contractors, revise the total job estimate and enter on the Work Write- up application form as the Total Estimate Based On Bids. Based on calculations from the “Grant-To-Loan Ratio Worksheet,” determine the amounts for the grant and loan and the monthly loan payment. Schedule meeting with applicant to discuss the amount of the loan/grant that can be offered and the monthly payment. If applicant agrees to the offer and if loan is over $3,000, refer them to an accredited non-profit credit counseling agency for a monthly Budget Analysis. Minimum monthly payment is $25. If applicant is not agreeable, then discuss possible minor repairs to address the most urgent problems. For applicants who agree with the proposed terms, prepare memo including either the Work Write-up application form, or the Bid Tabulation sheet from Purchasing (when using general contractors) for approval by the Community and Housing Support Director. If the project deviates from the Guidelines, appropriate approvals must be obtained from the City Manager up to $25,000 or from the City Council if over $25,000. Arrange for voluntary temporary relocation, if applicable. Have applicant complete “Agreement for Voluntary Temporary Relocation Assistance.” For CHS Rehab, Housing Program Administrator will then allocate project costs to grant and loan funds and prepare the loan documents and the Revitalization Agreement for signatures as set out above in Section 5 for new construction. Housing Program Administrator will schedule work to proceed as soon as feasible coordinating start of job with all parties concerned, i.e. applicant, general contractors, CHS carpenters, sub-contractors, suppliers, etc. If lead-based paint abatement is involved, then a lead abatement plan will be completed along with an Owner/Worker Occupant Protection Plan. Notify Texas Department of Health of start/stop dates at least 10 working days prior to start of job. 64
  • 148.  Housing Program Administrator will closely monitor and supervise work while in progress with on-site inspections to ensure that it is performed and completed in a proper manner. Housing Program Administrator will confer daily with CHS’s lead carpenter and sub- contractors, if applicable, or with the general contractor as necessary regarding the work performed.  After all work is completed, a final inspection will be made by the CHS Staff accompanied by the applicant. A CDBG Rehab or HOME Revitalization “Acknowledgment Form” will be signed by both the applicant and the CHS Staff. Also, the CHS Staff will take final “After Pictures” of house using the same views as the original pictures to show a comparison of the rehab improvements and file in case folder.  The Housing Program Administrator, CHS Lead Carpenter, if applicable, and the general contractor, as well as the homeowner will complete the Final Punch List Inspection Form. Amount of CHS labor expended will be entered on Expenditure Ledger by Assistant Program Administrator and a copy the time card will be filed in the Inspections section of case folder for documentation.  Upon completion of all items on the Final Inspection Punch List, carpenters and contractors will turn in invoices as soon as possible for payment for completed work and supplies purchased.  Invoice Processing: Stamp received and enter date, enter case number and address if necessary, and enter budget account number (s). Obtain appropriate approvals as required and give to Assistant Program Administrator for payment processing through HTE system. NOTE: All work must be completed and inspected before processing final invoices. Turn original invoices in to Finance Department for payment. Copies of completed invoices will be filed in appropriate case folder and amount entered on Expenditure Ledger by Assistant Program Administrator.  After case folder is completed, it will remain filed in accordance with HUD Requirements.6. Steps for Demolition Grant The steps for demolition must be completed before reconstruction occurs; however, in the case of new construction, the demolition process may occur after the completion of new construction. The following steps for demolition will also be taken for individuals wishing only to demolish a structure that is substandard and not suitable for rehabilitation. Complete Part 1 (Initial Application) and Part 2 (Income Verification) before proceeding. 65
  • 149. Eligibility Verification Verify income eligibility by completing appropriate “Form for Calculation of Annual Income” once all income verification forms have been obtained. Send Notification Letter to applicant if calculation of adjusted income is over current income limits. NOTE: Applicants qualify income-wise for the Demolition Grant if there income is less than 200% of the median income limits. Inspection of Structure. If applicant is income eligible, inspect structure proposed for demolition for determination of eligibility. o Inspect for determination that structure is substandard and not suitable for rehabilitation. Complete “Determination of Dangerous Building” and/or “Determination of Substandard Building or Structures” form(s). If structure is not eligible for demolition, send Notification Letter to applicant.Property Ownership Verification Verify ownership of the property through ordering a title search from abstract company or by making a copy of the Warranty Deed, Deed for Life Estate, Contract for Deed, Affidavit of Heirship or Probated Will, or Quitclaim Deeds as appropriate.Case Number Assignment. If eligible, Assistant Program Administrator will assign Demo case number and prepare case folder in specified format with appropriate entries: Enter applicant’s name, address and case number into Paradox Database for cross-referencing purposes.Required Reviews and Necessary Clearances. Environmental Assessment must be performed to identify any hazardous materials such as asbestos or high concentrations of lead based paint. Take necessary photographs and prepare request for demolition clearance to be sent to Texas Historical Commission. Clearance must be received from Historical Commission before demolition can begin. (See Appendix C) If the proposed demolition project fails environmental assessment or if work can not proceed because the structure is eligible for the National Register of Historic Places, send Notification Letter to applicant. 66
  • 150. Approval, Authorization, and Order to Demolish.  Prepare request for approval to Community and Housing Support Director, summarizing pertinent details, and obtain approval.  Prepare DEMOLITION AUTHORIZATION FORM.  Double check all application forms and demolition documents for completeness.  Meet with applicant(s) at appointed time to sign DEMOLITION AUTHORIZATION FORM and any incomplete forms.  Insure all utilities have been removed or disconnected; and also insure all beehives have been eradicated, if applicable.  Spray an “X” on all structures to be removed on the property.  After all paperwork has been completed, prepare memo for Street and Bridge Department ordering demolition to proceed. Billing, Final Inspection, and Payment. After demolition is complete the following steps will be taken:  Street and Bridge Department will send an Interfund Billing and Payment Authorization for the demolition cost and the Inspections and Permits Department will send an Interfund for the permit cost for Reimbursement by the CHS Department.  Conduct final site inspection to insure structure is removed and lot is clean.  Present billing and authorization form to Community and Housing Support Director for payment authorization and file copy of form in case folder.  After case folder is completed, it will remain filed in accordance with HUD Requirements.7. Steps for the Homebuyer’s Assistance Program (HAP)  Complete Part 1 (Initial Application) and Part 2 (Income Verification) before proceeding.  Have applicant sign “Confidential Release of Information” form so that the applicant’s information can be shared between CHS and the Lending Institution and/or Broker Eligibility Verification  Verify income eligibility by completing appropriate “Form for Calculation of Annual Income” once all income verification forms have been obtained. Also determine the estimated affordable monthly housing cost. Monthly housing cost (including Principal, Interest, Property Taxes, and Insurance, “PITI”) cannot exceed 30% of the applicant’s 67
  • 151. gross monthly household income. Send Notification Letter to applicant if calculation of adjusted income is over current income limits. For Income Eligible Applicants prepare a referral letter to the appropriate Lending Institution and assist the applicant in scheduling an appointment with a representative from a Lending Institution.Approval Process Once applicant is approved for a mortgage loan by a lending institution, have the lending institution or realtor fax a “Good Faith Estimate” to the CHS Department. Send a “Letter of Understanding” to the lending institution for necessary signatures. The “Letter of Understanding” lists the responsibilities of the Community and Housing Support Department and the lending institution. If the lending institution refuses to sign the letter, send a second “Letter of Understanding” listing responsibilities for the CHS Department, the lending institution and the broker. If the lending institution still refuses to sign the letter, send a third “Letter of Understanding” to the broker listing the responsibilities of the CHS Department and the broker. Complete the “Down Payment and Closing Cost Calculation Worksheet” to determine the amount of eligible assistance. Ensure that the proposed monthly payment does not exceed the applicant’s monthly affordable housing payment (i.e. 30% of the gross monthly income). If the proposed monthly payment exceeds the affordable monthly housing payment, contact the bank to determine if a greater amount of assistance will bring the monthly payment to an affordable amount (Amount of assistance cannot exceed $12,000). If the proposed monthly payment is determined to be affordable, proceed with the following inspections: o Initial inspection of property including HQS inspection for health and safety risks and Lead-Based paint. o The required Environmental Review Record Form, if the property is existing or currently under construction, OR the Site Specific Review for new construction. If the property has deficiencies, or if environmental conditions exist, inform applicant and the Lending Institution. If not, proceed with processing application. o Take photos of all four sides of the house and each room If the Certification of Homebuyer Education has not been received, coordinate with the Lending Institution and the applicant to find an appropriate course. Upon notification of a closing date and a HUD-1 settlement from the title company, confirm actual down payment and closing costs. Obtain the full appraisal from the lender/realtor. Prepare a memo to be approved by CHS Director. Once approved, request a check from Finance in the appropriate amount. Any deviation from these guidelines for HAP must be 68
  • 152. approved by City Council.Final Authorization Prepare the HOME Program Set-Up and Completion Reports. Prepare Second Lien Note and Deed of Trust Request copies of the First Lien Holder’s Deed of Trust. Confirm that all documents are recorded at the County Clerk’s office. Meet with applicant to have them sign Second Lien Note, and to receive the check for assistance. Complete the HOME Program Summary Sheet with the following required information: 69
  • 153. APPENDIX A GLOSSARY OF KEY TERMSAbandonment: When all of the following have occurred in the duplexes: (1) everybody appears to havemoved out in the City’s reasonable judgment; (2) clothes, furniture, and personal belongings have beensubstantially removed in the City’s reasonable judgment; (3) resident has been in default for non-paymentof rent for 5 consecutive days, or water, gas or electric service for the apartment not connected in theCity’s name has been terminated; (4) resident has not responded for 2 days to the City’s notice left on theinside of the main entry door, stating the City considers the apartment abandoned.Affordable: Monthly payment may not exceed 30% of adjusted household incomeApplicant: An individual of lowmoderate income as defined by HUD, or the legal guardian orconservator of such individual(s) acting on his/her behalf, who completes an application for assistance.City: The City of San Angelo.City Council: (the Council) The City’s elected governing body.Community and Housing Support Block Grant Program: (CDBG) A Federal Community and HousingSupport block grant program authorized under title I of the Housing and Community and HousingSupport Act of 1974 as amended, 42 U.S.C. 5301-5320, 24 CFR 570.Complete Rehabilitation: Complete rehabilitation (complete rehab) is when all the necessary repairs tobring the house up to applicable Codes and HUD Housing Quality Standards are undertaken, in additionto all necessary emergency repairs. Cosmetic repairs of a non-luxury nature will be considered as part ofcomplete rehab within maximum cost limitations.Contract for Deed: (Installment contract) A contract for the sale of real estate wherein the purchase priceis paid in installments over an extended period of time by the purchaser who is in possession and title isretained by the seller until final payment. Purchaser’s payments usually will be forfeited upon default.Deed: The legal document conveying title to or an interest in a property.Deed of Trust: (Also called Trust Deed) An instrument used to create a mortgage lien by which themortgagor conveys her/his title to a trustee who holds it as security for the benefit of the note holder (thelender).Demolition: The removal of an existing dwelling unit that is substandard and not suitable forrehabilitation or an accessory structure that has been determined to be dangerous or substandard inaccordance with Articles 4.12000 and 4.13000 of the City of San Angelo Code of Ordinances.Minor Repairs: Repairs to alleviate conditions which pose threats (not of an emergency nature), to thelife, health or safety of the applicant and the neighborhood, such as a gas or sewage problem. Assistanceis in the form of a combination grant and loan providing up to $12,500. 70
  • 154. Emergency Repairs: Repairs that are of an emergency nature. An emergency is a situation or conditionthat occurred without warning (within two (2) weeks), is detrimental to life, health, or safety and requiresimmediate action. Immediate action is defined as 24-72 hours.Fee Simple: An ownership interest under which the owner has unrestricted powers to dispose of theproperty.Half-Cent Sales Tax Affordable Housing Program: The housing program to be implemented followingthe implementation of the Half-Cent Sales Tax authorized at a special election held September 11, 2004to be conducted in accordance with 42 USC., Section 12745 as determined by the City of San AngeloDevelopment Corporation and the City of San Angelo City Council.HOME Investment Partnerships Program : (HOME) A Federal affordable housing program created bytitle II of the Cranston-Gonzalez National Affordable Housing Act as amended, 42 U.S.C. 12701 et seq.,24 CFR Part 92.Homebuyer’s Assistance: Funding up to $12,000 for the down payment and closing costs for thepurchase of a home for eligible first-time homebuyers.Housing Conditions:1. Standard Condition: Dwelling units that meet the minimum requirements as prescribed by the various codes adopted by the City of San Angelo and are in good condition requiring only cosmetic work, correction of minor livability problems, or maintenance work.2. Substandard Condition but Suitable for Rehabilitation: Dwelling units that do not meet standard conditions but are both financially and structurally feasible for rehabilitation. This does not include units that require only cosmetic work, correction of minor livability problems or maintenance work.3. Substandard Condition and not Suitable for Rehabilitation: Dwelling units that are in such poor condition as to be neither structurally nor financially feasible for rehabilitation.Housing Quality Standards (HQS): The requirements set forth by HUD in determining whether housesused in its Section 8, Housing Choice Voucher Program, meet minimum standards for safe, healthy, andsanitary living. The City has elected to use the Housing Quality Standards in addition to City BuildingCodes as applicable.Incipient Violation: Conditions in a project which have not yet become an actual violation but that showsigns of or have the potential for becoming a violation of serious nature within the next one to two years.Income Limits. Income limits are received from HUD and are subject to change annually. ExtremelyLow, or L-30, means the family’s annual income falls at or below 30% of the median income level forfamily size. Low, or L-50, would fall at or below 50% of the median income level, and Moderate, or L-80, would fall at or below 80% of the median income level.Interim Rehabilitation: All rehabilitation performed under this program is interim work, meaning that itis not on going. Ongoing work, maintenance, etc. is not to be performed under this program. 71
  • 155. Lead-Based Paint: A paint surface, whether or not defective, identified as having a lead content greaterthan or equal to 1 milligram per centimeter squared. The presence of lead based paint does notnecessarily mean a lead hazard exists.Lead-Based Paint Abatement: The term “abatement” means any set of measures designed to permanentlyeliminate lead-based paint hazards in accordance with standards established by appropriate Federalagencies. Such term includes: (A) the removal of paint and dust, the permanent enclosure or encapsulation of lead-based paint, the replacement of painted surfaces or fixtures, or the removal or permanent covering of soil; and (B) all preparation, cleanup, disposal, and post abatement clearance testing activities associated with such measures.Lead-Based Paint Hazard: The term “lead-based paint hazard” means any condition that causes exposureto lead from lead-contaminated dust, lead-contaminated soil, lead-contaminated paint that is deterioratedor present in accessible surfaces, friction surfaces, or impact surfaces that would result in adverse humanhealth effects.Lead-Based Paint Interim Controls: The term “interim controls” means a set of measures designed totemporarily reduce human exposure or likely exposure to lead-based paint hazards, including specializedcleaning, repairs, maintenance, painting, temporary containment, ongoing monitoring of lead-based painthazards or potential hazards, and the establishment and operation of management and resident educationprograms.Life Estate: A right to use land and/or structures on land only for the life of the tenant (the beneficiary).New Construction: This involves construction on a site where there was no existing house at the time ofproject commencement.Owner-Occupant: A person who has a legal interest in real property and is currently occupying the sameproperty.Permanent Housing: A residential dwelling unit that is not intended to be mobile. Unless otherwisenoted, all uses of the terms “house”, “home” or “housing” means permanent housing.Project: A single undertaking where construction work will be performed under the housing programsdescribed in these guidelines with the consent of the owner.Quitclaim Deed: A deed that transfers without warranty whatever interest or title a grantor may have atthe time the conveyance is made.Rehabilitation: Performing all the necessary repairs in order to bring the house up to Housing QualityStandards.Reconstruction: This involves rebuilding a house on the same site where housing exists at the time ofproject commencement. Reconstruction is the most extreme form of rehabilitation.Special Federal Grant: Congressional appropriations for the City of San Angelo for designated housinginitiatives. 72
  • 156. Specifications: The requirements of how the rehabilitation/reconstruction and emergency work is to beperformed and the quality of materials to be used.Surrender: The move-out date for the duplexes has passed and no one is living in the apartment in theCity’s reasonable judgment; or all apartment keys/access devices have been turned in to the City.Target Area: An area within the City limits in which a majority of the residents are low/moderate incomeaccording to the U.S. Census Bureau data designated by the City Council as an area eligible for theHOME funded Revitalization program.Warranty Deed: A conveyance or transfer of real property in which the person granting the deed agreesto defend the title from claims of others. In general, the seller is representing that they fully own theproperty and will stand behind this promise.ACROYNYMSADA Americans with Disabilities ActCHS Community and Housing SupportCDBG Community and Housing Support Block GrantCHDO Community Housing Development OrganizationEBLL Elevated Blood Lead LevelFHA Federal Housing AdministrationHAP Homebuyer’s Assistance ProgramHOME Home Investment Partnerships ProgramHQS Housing Quality StandardsHRL Housing New/Reconstruction LoanHUD U.S. Department of Housing and Urban DevelopmentL-30 Applicant’s household income is at or below 30% of the median household income.L-50 Applicant’s household income is at or below 50% of the median household income.L-80 Applicant’s household income is at or below 80% of the median household income.MIP Monitoring of Monthly Mortgage Insurance PremiumNIDPL No-Interest Deferred Payment LoanPHA Public Housing Authority 73
  • 157. APPENDIX B HOUSING STANDARDS The City of San Angelo requires that all rehabilitation work performed under either theCHS Rehab Program or the HOME Revitalization Program meet applicable City Building Codes.In addition, the City of San Angelo has elected to use the local standards that are compatible withthe International Building Code, to supplement the City Building Codes, as applicable to therehab work, to meet the health, safety, and sanitation standards for houses assisted under theseprograms. Houses assisted under these programs must meet or exceed these standards. Housesreceiving emergency assistance do not specifically have to meet standards but should not poseserious health or safety threats to the occupants of the home. Routine maintenance will not beperformed as part of the Rehab or Revitalization Programs. The occupants of the house shouldtake reasonable action to ensure that the house continues to meet set housing standards. Housing Standards are the performance requirements set forth by HUD in determiningwhether houses meet minimum standards for safe, healthy and sanitary living. In addition, thesestandards are often adopted and applied for other Federal programs (such as HUD’s HOMEProgram). One of the primary objectives of the CDBG program described in the previous sectionis “the elimination of conditions which are detrimental to the health, safety, and public welfarethrough code enforcement, demolition, interim rehabilitation assistance, and related activities.” The Housing Standards set forth a performance requirement and acceptability criteria forcategories such as general sanitation, food preparation facilities, air quality, water supply, andlead-based paint. The performance requirement is the desired condition (ex. the housing unitmust include sanitary facilities), while the acceptability criteria is used to determine if the househas met or exceeds the desired condition (ex. the unit includes a bathroom in a private room witha flush toilet, the unit must have a fixed basin in operating condition with hot and cold water,etc.). Below is a standard checklist questions used for CHS programs: 74
  • 158. General Health and SafetyCan the unit be accessed without having to enter another unit?Is there an adequate fire exit from this building that is not blocked?Do all rooms that are used for living have fire exits?Is the unit free from rats or severe infestations of mice or vermin?Is there any kind of insect infestation apparent?Is there evidence of termite infestation?Is the unit free from heavy accumulation of garbage or debris inside and outside?(include all enclosed areas, porches, out buildings, and yards)Are there adequate covered facilities for temporary storage of food waste (i.e.garbage cans) and is there a regular method of removal?Are all stairs and walkways free from hazards to the occupant because of loose,broken or missing steps on stairways, absent or insecure railing, inadequatelighting or other hazards?Is the unit free from abnormally high levels of air pollution from vehicular exhaust,sewer gas, fuel gas, dust, or other pollutants?Is the site and the immediate neighborhood free from conditions which wouldseriously and continuously affect the health and/or safety of the residents?If the owner of the unit is required to treat or cover any interior or exteriorsurfaces for lead-based paint, has the certification of compliance been obtained?If no lead treatment is required, indicate N/A.Is the unit free from any exterior hazards not specifically identified in this list?Building ExteriorAre the roof, gutters and down spouts sound and free from hazards?Are all vent jacks, leads, turbines, skylights and caps in good condition?Is there any buckling or sagging evident in the roof surface? 75
  • 159. Is roof free from incipient deficiencies?Check all soffits, look-outs and fascia for damage.Are all gutters free from debris and in working order?Are exterior surfaces sound and free from hazards?Is any rot or termite damage evident? Check all surfaces including soffit, fascia,eaves, siding, water tables, decks, porch floors, etc.?Check exterior trim including all window sills and door jambs for damage andproper sealing.Are windows in working order, free from rot, and sealed? Replace any cracked ormissing panes and re-caulk any areas with dry, cracked or missing caulk.Are screens present on all operable windows, are they in good repair and easilyremovable? Repair or replace as needed. Note location and measured size ofrepair.Is the chimney sound and free from hazards?Are all exterior surfaces free from cracking, scaling, peeling, chipping, and loosepaint or adequately treated or covered to prevent exposure to lead-based painthazards?Electric service should be of three-wire type with weather-head located at least10’ from grade.Electric service should be adequate to properly distribute loads.All exterior entrances must include a light fixture controllable from the interior.Check for exposed wiring including knob-and-tube, and replace. All wiring shouldbe shielded or conduited. All connections should be in approved j-boxes.What type of foundation is apparent?Condition of stairs, rails, and porches should be free from hazards and structuraldefects.If more than two steps are present, a hand rail is required. If more than two stepsare present, is a hand rail installed?Are there any other evident hazards?Living RoomIs there a living room present? 76
  • 160. Is there at least two working outlets or at least one working outlet and one lightfixture present?Are the outlets properly grounded and in working order? If not then at least oneGFCI must be installed in place of an ungrounded outlet.Are any shorts, overloaded circuits, or frayed wires present?Are all outlet covers and switch plate covers properly installed and free fromcracks or gaps?Are all switches and outlets in working order?Are there any other conditions not mentioned which would constitute an electricalhazard?Are all windows in operable and lockable condition?Are all doors in operable and lockable (where required) condition?Are all exterior doors equipped with workable deadbolts?Are all exterior doors solid core?Are all doors and windows properly weather-stripped and sealed?Is the ceiling sound and free from hazardous defectsAre all walls sound and free from hazardous defects?Is there any evidence of sub-floor rot or termite damage?Is the floor sound and free from hazardous defects?Is there evidence of lead-based paint?Is there a smoke alarm for this room? There should be a smoke alarm adjacentto every sleeping area.Is there adequate direct or indirect heating or cooling in this room?Are there any other unusual features present? (i.e. low ceilings, angled or narrowspaces, cantilevered loads, etc.)KitchenIs there a kitchen present?Do any outlets which are six feet or less measurable to the nearest source ofstanding (sinks or tubs) or running water have properly installed and functioningGFCI outlets? 77
  • 161. Is there at least one working outlet and at least one working and permanentlyinstalled light fixture present.Are the outlets properly grounded and in working order? If not then at least oneGFCI must be installed in place of an ungrounded outlet.Are any shorts, overloaded circuits, or frayed wires present?Are all outlet covers and switch plate covers properly installed and free fromcracks or gaps?Are all switches and outlets in working order?Are there any other conditions not mentioned which would constitute an electricalhazard?Are all windows in operable and lockable condition?Are all doors in operable and lockable (where required) condition?Are all exterior doors equipped with workable deadbolts?Are all exterior doors solid core or metal?Are all doors and windows properly weather-stripped and sealed?Is there at least one window and is it free from severe deterioration or brokenpanes?Is the ceiling sound and free from hazardous defectsAre all walls sound and free from hazardous defects?Is there any evidence of sub-floor rot or termite damage?Is the floor sound and free from hazardous defects?Is there evidence of lead-based paint?Is there a working oven and a stove (or range) with working top burners?Is there a working refrigerator that maintains a temperature low enough so thatfood does not spoil over a reasonable period of time?Is there a sink that works and provides hot and cold running water?Is the sink attached and sealed properly to prevent movement or leaks? Is it freefrom holes, rust, or cracks? 78
  • 162. Do the faucets work properly? Check for leaks, free operation, proper watermixing, and complete shut off.Are the drain lines properly installed with working, un-deteriorated p-traps (checkfor leaks and proper rate of draining)?Are supply lines properly installed and not leaking?Are hot and cold water shut off valves present and working properly?Is there a space to store and prepare food?Are all counter surfaces level, properly fastened, free from delamination,washable and free from deterioration?In general, are the cabinets properly fastened to the walls and in good usablecondition?Is there smoke alarm coverage for this room?Is there adequate direct or indirect heating and cooling in this room?Are there any other unusual features present? (i.e. low ceilings, angled or narrowspaces, cantilevered loads, etc.)BathroomIs there a bathroom present?Is there at least one permanently installed and working light fixture present?All outlets must have properly installed and functioning GFCI outlets?Are any shorts, overloaded circuits, or frayed wires present?Are all outlet covers and switch plate covers properly installed and free fromcracks or gaps?Are all switches and outlets in working order?Are there any other conditions not mentioned which would constitute an electricalhazard?Are all doors in operable and lockable (where required) condition?Is the ceiling sound and free from hazardous defectsAre all walls sound and free from hazardous defects?Is there any evidence of sub-floor rot or termite damage?Is the floor sound and free from hazardous defects? 79
  • 163. Is there evidence of lead-based paint?Is there a working toilet in the unit in an enclosed room to be used exclusively bythe resident? Check the toilet for operation. Does it flush freely and completely?Is the supply line working properly and is it free from leaks? Check the floatsystem operation.Is there a working shut off valve? (drain toilet and check operation)Is the toilet properly secured to the floor?Is there a working and permanently installed wash basin with hot and coldrunning water?Is the basin attached and sealed properly to prevent movement or leaks? Is itfree from holes, rust, or cracks?Do the faucets work properly? Check for leaks, free operation, proper watermixing, and complete shut off.Are the drain lines properly installed with working, un-deteriorated p-traps (checkfor leaks and proper rate of draining)?Are supply lines properly installed and not leaking? 80
  • 164. Are hot and cold water shut off valves present and working properly?Is there a working tub or shower with hot and cold running water in the unit?Is the tub/shower attached and sealed properly to prevent movement or leaks? Is it freefrom holes, rust or cracks?Do the bath faucets work properly? Check for leaks, free operation, proper water mixingand complete shut off.Are there operable windows or a working ventilation system?Is there smoke alarm coverage for this room?Are there any other unusual features present? (i.e. low ceilings, angled or narrowspaces, cantilevered loads, etc.)BedroomIs there at least two working outlets or at least one working outlet and one light fixturepresent?Are the outlets properly grounded and in working order? If not then at least one GFCImust be installed in place of an ungrounded outlet.Are any shorts, overloaded circuits, or frayed wires present?Are all outlet covers and switch plate covers properly installed and free from cracks orgaps?Are all switches and outlets in working order?Are there any other conditions not mentioned which would constitute an electricalhazard?Are all windows in operable and lockable condition?Are all doors in operable and lockable (where required) condition?Are all exterior doors equipped with workable deadbolts?Are all exterior doors solid core or metal?Are all doors and windows properly weather-stripped and sealed?Is the ceiling sound and free from hazardous defectsAre all walls sound and free from hazardous defects?Is there any evidence of sub-floor rot or termite damage?
  • 165. Is the floor sound and free from hazardous defects?Is there evidence of lead-based paint?Is there smoke alarm coverage for this room?Is there adequate direct or indirect heating and cooling in this room?Are there any other unusual features present? (i.e. low ceilings, angled or narrowspaces, cantilevered loads, etc.)Other Rooms Not Used for Sleeping (including all enclosed areas)Is there a safe means of illumination?Are the outlets properly grounded and in working order? If not then at least one GFCImust be installed in place of an ungrounded outlet.Are any shorts, overloaded circuits, or frayed wires present?Are all outlet covers and switch plate covers properly installed and free from cracks orgaps?Are all switches and outlets in working order?Are there any other conditions not mentioned which would constitute an electricalhazard?Are all windows in operable and lockable condition?Are all doors in operable and lockable (where required) condition?Are all exterior doors equipped with workable deadbolts?Are all exterior doors solid core or metal?Are all doors and windows properly weather-stripped and sealed?Is the ceiling sound and free from hazardous defectsAre all walls sound and free from hazardous defects?Is there any evidence of sub-floor rot or termite damage?Is the floor sound and free from hazardous defects?Is there evidence of lead-based paint?Secondary RoomsAre all windows and doors that are accessible from the outside lockable in each room?Are all rooms free from electrical hazards?
  • 166. Are the outlets properly grounded and in working order? If not then at least one GFCImust be installed in place of an ungrounded outlet.Are all outlet covers and switch plate covers properly installed and free from cracks orgaps?Are all switches and outlets in working order?Are there any other conditions not mentioned which would constitute an electricalhazard?Are all rooms free from any other potentially hazardous feature? Explain any hazard.HeatingIs the heating equipment capable of providing adequate heat (either directly or indirectly)to all rooms used for living?Are fuel supply tanks an adequate distance from the house and are all supply mainsburied or concealed and properly attached under a properly vented crawl space? Isthere an exterior shut off?Are all unused interior shut offs removed and capped beneath the floor?Are all working shut off valves updated to include no “Texas Trees” and does everyappliance have an accessible shut off?If an un-vented heater is used, it must have and ODS system and a U.I. tag indicatingsame. Does it?Are all heat exchangers, burners, and plenums free from rust or corrosion and inserviceable and safe condition?Is the heater too large for the space in which it is used, thus creating a hazard? Is itinstalled near combustible material thus creating a hazard?Does the unit have adequate ventilation and cooling by means of operable windows or aworking cooling system.Water HeaterA TPL valve should be properly installed and flowing water to the exterior of the building.Is the water heater providing adequate hot water to the unit?If the water heater is gas, propane or oil fired, is combustion air supplied from theexterior?If the water heater is located in an exterior closet, is it sealed to prevent freezing oflines?Is a working water shut-off valve installed?
  • 167. Is a working gas shut-off installed?Are leaks evident at the floor? Is the placement solid? Can you shake the water heater?PlumbingIs the plumbing free from major leaks or corrosion that causes serious or persistentlevels of rust or contamination of the drinking water?Sewer ConnectionIs the plumbing connected to an approvable public or private waste disposal system andis it free from sewer back-up?Is there any evidence of sewage leakage?
  • 168. APPENDIX C TEXAS HISTORICAL COMMISSION REVIEW1. General In accordance with the National Historic Preservation Act and the Antiquities Code of Texas, the Texas State Historical Commission is responsible for reviewing site eligibility for the National Register of Historic Places. The National Registers standards for evaluating the significance of properties were developed to recognize the accomplishments of all peoples who have made a significant contribution to our countrys history and heritage. The criteria are designed to guide State and local governments, Federal agencies, and others in evaluating potential entries in the National Register. Properties generally must be at least 50 years of age. The Community and Housing Support Department will take all steps to determine if a site is eligible for the National Register; and if a site is eligible, all rehab work will be performed in a manner which will not disturb the historical integrity of the project site. Further, any rehab work performed on sites that are eligible for the National Register will be performed in consultation with the Texas State Historical Commission. No demolition work will be undertaken without first consulting with the Texas State Historical Commission regardless of whether the structure is 50 years of age or not.2. Criteria for Evaluation The quality of significance in American history, architecture, archeology, engineering, and culture is present in districts, sites, buildings, structures, and objects that possess integrity of location, design, setting, materials, workmanship, feeling, and association, and: a. That are associated with events that have made a significant contribution to the broad patterns of our history; or b. That are associated with the lives of significant persons in or past; or c. That embody the distinctive characteristics of a type, period, or method of construction, or that represent the work of a master, or that possess high artistic values, or that represent a significant and distinguishable entity whose components may lack individual distinction; or d. That have yielded or may be likely to yield, information important in history or prehistory.3. Criteria Considerations Ordinarily cemeteries, birthplaces, graves of historical figures, properties owned by religious institutions or used for religious purposes, structures that have been moved from their original locations, reconstructed historic buildings, properties primarily commemorative in nature, and properties that have achieved significance within the past 50 years shall not be considered eligible for the National Register. However, such properties will qualify if they are integral parts of districts that do meet the criteria or if they fall within the following categories: a. A religious property deriving primary significance from architectural or artistic distinction or historical importance; or b. A building or structure removed from its original location but which is primarily significant for architectural value, or which is the surviving structure most importantly associated with a historic person or event; or
  • 169. c. A birthplace or grave of a historical figure of outstanding importance if there is no appropriate site or building associated with his or her productive life; ord. A cemetery that derives its primary importance from graves of persons of transcendent importance, from age, from distinctive design features, or from association with historic events; ore. A reconstructed building when accurately executed in a suitable environment and presented in a dignified manner as part of a restoration master plan, and when no other building or structure with the same association has survived; orf. A property primarily commemorative in intent if design, age, tradition, or symbolic value has invested it with its own exceptional significance; org. A property achieving significance within the past 50 years if it is of exceptional importance.
  • 170. APPENDIX D PUBLIC INFORMATION AND PRIVACY ACTS STATEMENTS Generally, City records regarding CDBG and HOME activities are subject to inspection by HUDand are open to the public as required by Federal and State Law. 5 Such information includes: theprogram participant’s name, location of rehab properties, amount of assistance provided, and theapplicant’s income category. However, certain information deemed private and confidential by lawregarding program participants will not be disclosed by any means of communication to any person, or toany other agency without the prior consent of the program participant. Examples of such confidentialinformation would include: applicant’s social security number, the applicant’s exact household income,and debt and assets information. A person or a person’s authorized representative has a special right of access, beyond the right ofthe general public, to information held by the City that relates to the person and that is protected frompublic disclosure by laws intended to protect that person’s privacy. The City will process such requestsfor information in a manner consistent with Federal and State Law. Further, an applicant has the right torequest an amendment to a record pertaining to him or her and the City will abide by Federal and StateLaw when processing such requests.5 Chapter 552, Texas Government Code; 5 U.S.C. Section 552a.
  • 171. PRIVACY ACT 5 U.S.C. SECTION 552Sec. 552. Public information; agency rules, opinions, orders, records, and proceedingsEach agency shall make available to the public information as follows:(1) Each agency shall separately state and currently publish in the Federal Register for the guidance of the public - • (A) descriptions of its central and field organization and the established places at which, the employees (and in the case of a uniformed service, the members) from whom, and the methods whereby, the public may obtain information, make submittals or requests, or obtain decisions; • (B) statements of the general course and method by which its functions are channeled and determined, including the nature and requirements of all formal and informal procedures available; • (C) rules of procedure, descriptions of forms available or the places at which forms may be obtained, and instructions as to the scope and contents of all papers, reports, or examinations; • (D) substantive rules of general applicability adopted as authorized by law, and statements of general policy or interpretations of general applicability formulated and adopted by the agency; and (E) each amendment, revision, or repeal of the foregoing. Except to the extent that a person has actual and timely notice of the terms thereof, a person may not in any manner be required to resort to, or be adversely affected by, a matter required to be published in the Federal Register and not so published. For the purpose of this paragraph, matter reasonably available to the class of persons affected thereby is deemed published in the Federal Register when incorporated by reference therein with the approval of the Director of the Federal Register.(2) Each agency, in accordance with published rules, shall make available for public inspection and copying • (A) final opinions, including concurring and dissenting opinions, as well as orders, made in the adjudication of cases; • (B) those statements of policy and interpretations which have been adopted by the agency and are not published in the Federal Register; • (C) administrative staff manuals and instructions to staff that affect a member of the public; • (D) copies of all records, regardless of form or format, which have been released to any person under paragraph (3) and which, because of the nature of their subject matter, the agency determines have become or are likely to become the subject of subsequent requests for substantially the same records; and • (E) a general index of the records referred to under subparagraph (D); unless the materials are promptly published and copies offered for sale. For records created on or after November 1, 1996, within one year after such date, each agency shall make such records available, including by computer telecommunications or, if computer telecommunications means have not been established by the agency, by other electronic means. To the extent required to prevent a clearly unwarranted invasion of personal privacy, an agency may delete identifying details when it makes available or publishes an opinion, statement of policy, interpretation, staff manual, instruction, or copies of records referred to in subparagraph (D). However, in each case the justification for the deletion shall be explained fully in writing, and the extent of such deletion shall be indicated on the portion of the record which is made available or published, unless including that indication would harm an interest protected by the exemption in subsection (b) under which the deletion is made. If technically feasible, the extent of the deletion shall be indicated at the place in the record where the deletion was made. Each agency shall also maintain and make available for public
  • 172. inspection and copying current indexes providing identifying information for the public as to any matter issued, adopted, or promulgated after July 4, 1967, and required by this paragraph to be made available or published. Each agency shall promptly publish, quarterly or more frequently, and distribute (by sale or otherwise) copies of each index or supplements thereto unless it determines by order published in the Federal Register that the publication would be unnecessary and impracticable, in which case the agency shall nonetheless provide copies of such index on request at a cost not to exceed the direct cost of duplication. Each agency shall make the index referred to in subparagraph (E) available by computer telecommunications by December 31, 1999. A final order, opinion, statement of policy, interpretation, or staff manual or instruction that affects a member of the public may be relied on, used, or cited as precedent by an agency against a party other than an agency only if – • (i) it has been indexed and either made available or published as provided by this paragraph; or • (ii) the party has actual and timely notice of the terms thereof.(3) • (A) Except with respect to the records made available under paragraphs (1) and (2) of this subsection, each agency, upon any request for records which (i) reasonably describes such records and (ii) is made in accordance with published rules stating the time, place, fees (if any), and procedures to be followed, shall make the records promptly available to any person. • (B) In making any record available to a person under this paragraph, an agency shall provide the record in any form or format requested by the person if the record is readily reproducible by the agency in that form or format. Each agency shall make reasonable efforts to maintain its records in forms or formats that are reproducible for purposes of this section. • (C) In responding under this paragraph to a request for records, an agency shall make reasonable efforts to search for the records in electronic form or format, except when such efforts would significantly interfere with the operation of the agencys automated information system. • (D) For purposes of this paragraph, the term search means to review, manually or by automated means, agency records for the purpose of locating those records which are responsive to a request.(4)  (A) • (i) In order to carry out the provisions of this section, each agency shall promulgate regulations, pursuant to notice and receipt of public comment, specifying the schedule of fees applicable to the processing of requests under this section and establishing procedures and guidelines for determining when such fees should be waived or reduced. Such schedule shall conform to the guidelines which shall be promulgated, pursuant to notice and receipt of public comment, by the Director of the Office of Management and Budget and which shall provide for a uniform schedule of fees for all agencies. • ii) Such agency regulations shall provide that - • (I) fees shall be limited to reasonable standard charges for document search, duplication, and review, when records are requested for commercial use; • (II) fees shall be limited to reasonable standard charges for document duplication when records are not sought for commercial use and the request is made by an educational or noncommercial scientific institution, whose purpose is scholarly or scientific research; or a representative of the news media; and (III) for any request not described in (I) or (II), fees shall be limited to reasonable standard charges for document search and duplication. • (iii) Documents shall be furnished without any charge or at a charge reduced below the fees established under clause (ii) if disclosure of the information is in the public interest
  • 173. because it is likely to contribute significantly to public understanding of the operations or activities of the government and is not primarily in the commercial interest of the requester. • (iv) Fee schedules shall provide for the recovery of only the direct costs of search, duplication, or review. Review costs shall include only the direct costs incurred during the initial examination of a document for the purposes of determining whether the documents must be disclosed under this section and for the purposes of withholding any portions exempt from disclosure under this section. Review costs may not include any costs incurred in resolving issues of law or policy that may be raised in the course of processing a request under this section. No fee may be charged by any agency under this section - • (I) if the costs of routine collection and processing of the fee are likely to equal or exceed the amount of the fee; or • (II) for any request described in clause (ii) (II) or (III) of this subparagraph for the first two hours of search time or for the first one hundred pages of duplication. • (v) No agency may require advance payment of any fee unless the requester has previously failed to pay fees in a timely fashion, or the agency has determined that the fee will exceed $250. • (vi) Nothing in this subparagraph shall supersede fees chargeable under a statute specifically providing for setting the level of fees for particular types of records. • (vii) In any action by a requester regarding the waiver of fees under this section, the court shall determine the matter de novo: Provided, That the courts review of the matter shall be limited to the record before the agency.• (B) On complaint, the district court of the United States in the district in which the complainant resides, or has his principal place of business, or in which the agency records are situated, or in the District of Columbia, has jurisdiction to enjoin the agency from withholding agency records and to order the production of any agency records improperly withheld from the complainant. In such a case the court shall determine the matter de novo, and may examine the contents of such agency records in camera to determine whether such records or any part thereof shall be withheld under any of the exemptions set forth in subsection (b) of this section, and the burden is on the agency to sustain its action. In addition to any other matters to which a court accords substantial weight, a court shall accord substantial weight to an affidavit of an agency concerning the agencys determination as to technical feasibility under paragraph (2)(C) and subsection (b) and reproducibility under paragraph (3)(B).• (C) Notwithstanding any other provision of law, the defendant shall serve an answer or otherwise plead to any complaint made under this subsection within thirty days after service upon the defendant of the pleading in which such complaint is made, unless the court otherwise directs for good cause shown.• (D) Repealed. Pub. L. 98-620, title IV, Sec. 402(2), Nov. 8, 1984, 98 Stat. 3357.)• (E) The court may assess against the United States reasonable attorney fees and other litigation costs reasonably incurred in any case under this section in which the complainant has substantially prevailed.• (F) Whenever the court orders the production of any agency records improperly withheld from the complainant and assesses against the United States reasonable attorney fees and other litigation costs, and the court additionally issues a written finding that the circumstances surrounding the withholding raise questions whether agency personnel acted arbitrarily or capriciously with respect to the withholding, the Special Counsel shall promptly initiate a proceeding to determine whether disciplinary action is warranted against the officer or employee who was primarily responsible for the withholding. The Special Counsel, after investigation and consideration of the evidence submitted, shall submit his findings and recommendations to the administrative authority of the agency concerned and shall send copies of the findings and
  • 174. recommendations to the officer or employee or his representative. The administrative authority shall take the corrective action that the Special Counsel recommends. • (G) In the event of noncompliance with the order of the court, the district court may punish for contempt the responsible employee, and in the case of a uniformed service, the responsible member.(5) Each agency having more than one member shall maintain and make available for public inspection a record of the final votes of each member in every agency proceeding.(6) • (A) Each agency, upon any request for records made under paragraph (1), (2), or (3) of this subsection, shall - • (i) determine within 20 days (excepting Saturdays, Sundays, and legal public holidays) after the receipt of any such request whether to comply with such request and shall immediately notify the person making such request of such determination and the reasons therefore, and of the right of such person to appeal to the head of the agency any adverse determination; and (ii) make a determination with respect to any appeal within twenty days (excepting Saturdays, Sundays, and legal public holidays) after the receipt of such appeal. If on appeal the denial of the request for records is in whole or in part upheld, the agency shall notify the person making such request of the provisions for judicial review of that determination under paragraph (4) of this subsection. • (B) • i) In unusual circumstances as specified in this subparagraph, the time limits prescribed in either clause (i) or clause (ii) of subparagraph (A) may be extended by written notice to the person making such request setting forth the unusual circumstances for such extension and the date on which a determination is expected to be dispatched. No such notice shall specify a date that would result in an extension for more than ten working days, except as provided in clause (ii) of this subparagraph. • (ii) With respect to a request for which a written notice under clause (i) extends the time limits prescribed under clause (i) of subparagraph (A), the agency shall notify the person making the request if the request cannot be processed within the time limit specified in that clause and shall provide the person an opportunity to limit the scope of the request so that it may be processed within that time limit or an opportunity to arrange with the agency an alternative time frame for processing the request or a modified request. Refusal by the person to reasonably modify the request or arrange such an alternative time frame shall be considered as a factor in determining whether exceptional circumstances exist for purposes of subparagraph (C). • (iii) As used in this subparagraph, unusual circumstances means, but only to the extent reasonably necessary to the proper processing of the particular requests - • (I) the need to search for and collect the requested records from field facilities or other establishments that are separate from the office processing the request; • (II) the need to search for, collect, and appropriately examine a voluminous amount of separate and distinct records which are demanded in a single request; or • (III) the need for consultation, which shall be conducted with all practicable speed, with another agency having a substantial interest in the determination of the request or among two or more components of the agency having substantial subject-matter interest therein. • (iv) Each agency may promulgate regulations, pursuant to notice and receipt of public comment, providing for the aggregation of certain requests by the same requestor, or by a group of requestors acting in concert, if the agency reasonably believes that such requests actually constitute a single request, which would otherwise satisfy the unusual circumstances
  • 175. specified in this subparagraph, and the requests involve clearly related matters. Multiple requests involving unrelated matters shall not be aggregated.• (C) • (i) Any person making a request to any agency for records under paragraph (1), (2), or (3) of this subsection shall be deemed to have exhausted his administrative remedies with respect to such request if the agency fails to comply with the applicable time limit provisions of this paragraph. If the Government can show exceptional circumstances exist and that the agency is exercising due diligence in responding to the request, the court may retain jurisdiction and allow the agency additional time to complete its review of the records. Upon any determination by an agency to comply with a request for records, the records shall be made promptly available to such person making such request. Any notification of denial of any request for records under this subsection shall set forth the names and titles or positions of each person responsible for the denial of such request. • (ii) For purposes of this subparagraph, the term exceptional circumstances does not include a delay that results from a predictable agency workload of requests under this section, unless the agency demonstrates reasonable progress in reducing its backlog of pending requests. • (iii) Refusal by a person to reasonably modify the scope of a request or arrange an alternative time frame for processing a request (or a modified request) under clause (ii) after being given an opportunity to do so by the agency to whom the person made the request shall be considered as a factor in determining whether exceptional circumstances exist for purposes of this subparagraph.• (D) • (i) Each agency may promulgate regulations, pursuant to notice and receipt of public comment, providing for multitrack processing of requests for records based on the amount of work or time (or both) involved in processing requests. • (ii) Regulations under this subparagraph may provide a person making a request that does not qualify for the fastest multitrack processing an opportunity to limit the scope of the request in order to qualify for faster processing. • (iii) This subparagraph shall not be considered to affect the requirement under subparagraph (C) to exercise due diligence.• (E) • (i) Each agency shall promulgate regulations, pursuant to notice and receipt of public comment, providing for expedited processing of requests for records - • (I) in cases in which the person requesting the records demonstrates a compelling need; and • (II) in other cases determined by the agency. • (ii) Notwithstanding clause (i), regulations under this subparagraph must ensure - • (I) that a determination of whether to provide expedited processing shall be made, and notice of the determination shall be provided to the person making the request, within 10 days after the date of the request; and • (II) expeditious consideration of administrative appeals of such determinations of whether to provide expedited processing. • (iii) An agency shall process as soon as practicable any request for records to which the agency has granted expedited processing under this subparagraph. Agency action to deny or affirm denial of a request for expedited processing pursuant to this subparagraph, and failure by an agency to respond in a timely manner to such a request shall be subject to judicial review under paragraph (4), except that the judicial review shall be based on the record before the agency at the time of the determination.
  • 176. • (iv) A district court of the United States shall not have jurisdiction to review an agency denial of expedited processing of a request for records after the agency has provided a complete response to the request. • (v) For purposes of this subparagraph, the term compelling need means - • (I) that a failure to obtain requested records on an expedited basis under this paragraph could reasonably be expected to pose an imminent threat to the life or physical safety of an individual; or • (II) with respect to a request made by a person primarily engaged in disseminating information, urgency to inform the public concerning actual or alleged Federal Government activity. • (vi) A demonstration of a compelling need by a person making a request for expedited processing shall be made by a statement certified by such person to be true and correct to the best of such persons knowledge and belief.• (F) In denying a request for records, in whole or in part, an agency shall make a reasonable effort to estimate the volume of any requested matter the provision of which is denied, and shall provide any such estimate to the person making the request, unless providing such estimate would harm an interest protected by the exemption in subsection (b) pursuant to which the denial is made. • (b) This section does not apply to matters that are - • (1) • (A) specifically authorized under criteria established by an Executive order to be kept secret in the interest of national defense or foreign policy and (B) are in fact properly classified pursuant to such Executive order; • (2) related solely to the internal personnel rules and practices of an agency; • (3) specifically exempted from disclosure by statute (other than section 552b of this title), provided that such statute (A) requires that the matters be withheld from the public in such a manner as to leave no discretion on the issue, or (B) establishes particular criteria for withholding or refers to particular types of matters to be withheld; • (4) trade secrets and commercial or financial information obtained from a person and privileged or confidential; • (5) inter-agency or intra-agency memorandums or letters which would not be available by law to a party other than an agency in litigation with the agency; • (6) personnel and medical files and similar files the disclosure of which would constitute a clearly unwarranted invasion of personal privacy; • (7) records or information compiled for law enforcement purposes, but only to the extent that the production of such law enforcement records or information (A) could reasonably be expected to interfere with enforcement proceedings, (B) would deprive a person of a right to a fair trial or an impartial adjudication, (C) could reasonably be expected to constitute an unwarranted invasion of personal privacy, (D) could reasonably be expected to disclose the identity of a confidential source, including a State, local, or foreign agency or authority or any private institution which furnished information on a confidential basis, and, in the case of a record or information compiled by criminal law enforcement authority in the course of a criminal investigation or by an agency conducting a lawful national security intelligence investigation, information furnished by a confidential source, (E) would disclose techniques and procedures for law enforcement investigations or prosecutions, or would disclose guidelines for law enforcement investigations or prosecutions if such disclosure could reasonably be expected to risk circumvention of the law, or (F) could reasonably be expected to endanger the life or physical safety of any individual;
  • 177. • (8) contained in or related to examination, operating, or condition reports prepared by, on behalf of, or for the use of an agency responsible for the regulation or supervision of financial institutions; or • (9) geological and geophysical information and data, including maps, concerning wells. Any reasonably segregable portion of a record shall be provided to any person requesting such record after deletion of the portions which are exempt under this subsection. The amount of information deleted shall be indicated on the released portion of the record, unless including that indication would harm an interest protected by the exemption in this subsection under which the deletion is made. If technically feasible, the amount of the information deleted shall be indicated at the place in the record where such deletion is made.• (c) • (1) Whenever a request is made which involves access to records described in subsection (b)(7)(A) and - • (A) the investigation or proceeding involves a possible violation of criminal law; and • (B) there is reason to believe that (i) the subject of the investigation or proceeding is not aware of its pendency, and (ii) disclosure of the existence of the records could reasonably be expected to interfere with enforcement proceedings, the agency may, during only such time as that circumstance continues, treat the records as not subject to the requirements of this section. • (2) Whenever informant records maintained by a criminal law enforcement agency under an informants name or personal identifier are requested by a third party according to the informants name or personal identifier, the agency may treat the records as not subject to the requirements of this section unless the informants status as an informant has been officially confirmed. • (3) Whenever a request is made which involves access to records maintained by the Federal Bureau of Investigation pertaining to foreign intelligence or counterintelligence, or international terrorism, and the existence of the records is classified information as provided in subsection (b)(1), the Bureau may, as long as the existence of the records remains classified information, treat the records as not subject to the requirements of this section.• (d) This section does not authorize withholding of information or limit the availability of records to the public, except as specifically stated in this section. This section is not authority to withhold information from Congress.• (e) • (1) On or before February 1 of each year, each agency shall submit to the Attorney General of the United States a report which shall cover the preceding fiscal year and which shall include - • (A) the number of determinations made by the agency not to comply with requests for records made to such agency under subsection (a) and the reasons for each such determination;
  • 178. • (B) • (i) the number of appeals made by persons under subsection (a)(6), the result of such appeals, and the reason for the action upon each appeal that results in a denial of information; and (ii) a complete list of all statutes that the agency relies upon to authorize the agency to withhold information under subsection (b)(3), a description of whether a court has upheld the decision of the agency to withhold information under each such statute, and a concise description of the scope of any information withheld; • (C) the number of requests for records pending before the agency as of September 30 of the preceding year, and the median number of days that such requests had been pending before the agency as of that date; • (D) the number of requests for records received by the agency and the number of requests which the agency processed; • (E) the median number of days taken by the agency to process different types of requests; • (F) the total amount of fees collected by the agency for processing requests; and • (G) the number of full-time staff of the agency devoted to processing requests for records under this section, and the total amount expended by the agency for processing such requests. • (2) Each agency shall make each such report available to the public including by computer telecommunications, or if computer telecommunications means have not been established by the agency, by other electronic means. • (3) The Attorney General of the United States shall make each report which has been made available by electronic means available at a single electronic access point. The Attorney General of the United States shall notify the Chairman and ranking minority member of the Committee on Government Reform and Oversight of the House of Representatives and the Chairman and ranking minority member of the Committees on Governmental Affairs and the Judiciary of the Senate, no later than April 1 of the year in which each such report is issued, that such reports are available by electronic means. • (4) The Attorney General of the United States, in consultation with the Director of the Office of Management and Budget, shall develop reporting and performance guidelines in connection with reports required by this subsection by October 1, 1997, and may establish additional requirements for such reports as the Attorney General determines may be useful. • (5) The Attorney General of the United States shall submit an annual report on or before April 1 of each calendar year which shall include for the prior calendar year a listing of the number of cases arising under this section, the exemption involved in each case, the disposition of such case, and the cost, fees, and penalties assessed under subparagraphs (E), (F), and (G) of subsection (a)(4). Such report shall also include a description of the efforts undertaken by the Department of Justice to encourage agency compliance with this section.• (f) For purposes of this section, the term - • (1) agency as defined in section 551(1) of this title includes any executive department, military department, Government corporation, Government controlled corporation, or other establishment in the executive branch of the Government (including the Executive Office of the President), or any independent regulatory agency; and
  • 179. • (2) record and any other term used in this section in reference to information includes any information that would be an agency record subject to the requirements of this section when maintained by an agency in any format, including an electronic format.• (g) The head of each agency shall prepare and make publicly available upon request, reference material or a guide for requesting records or information from the agency, subject to the exemptions in subsection (b), including - • (1) an index of all major information systems of the agency; • (2) a description of major information and record locator systems maintained by the agency; and • (3) a handbook for obtaining various types and categories of public information from the agency pursuant to chapter 35 of title 44, and under this section.
  • 180. APPENDIX E ASSURANCES AND CERTIFICATIONSThe City of San Angelo hereby assures and certifies that:1. It will comply with Title VI of the Civil Rights Act of 1964 (42 USC 2000d) and regulations pursuant thereto (Title 24 CFR Part 1) which state that no person in the United States shall, on the grounds of race, color, national origin, religion, sex, or disability be excluded from participation in, be denied the benefits of, or be otherwise subjected to discrimination under any program or activity for which the applicant receives financial assistance and will immediately take any measures necessary to effectuate this agreement. With reference to the real property and structure(s) thereon which are provided or improved with the aid of Federal financial assistance extended to the City, this assurance shall obligate the City of San Angelo, or in the case of any transfer of property, the transferee, for the period during which the real property and structure(s) are used for a purpose for which the Federal financial assistance is extended or for another purpose involving the provision of similar services or benefits.2. It will affirmatively further fair housing, taking appropriate actions to overcome any impediments to fair housing choice within the City and will maintain records reflecting the actions taken in this regard.3. It will comply with the Fair Housing Act (42 USC 3601-5619) regarding equal opportunity in housing and nondiscrimination in the sale and rental of housing provided with Federal financial assistance.4. No person shall be discriminated against on the basis of race, color, religion, sex, disability, or national origin in all phases of employment during the performance of Federal or federally assisted contracts and shall take affirmative action to insure equal employment opportunity.5. It will comply with the National Housing Act as amended (12 U.S.C. 1701(u)) which requires that, to the greatest extent feasible, opportunities for training and employment be given to lower- income residents of the project area and contracts for work in connection with the project be awarded to business concerns which are located in, or owned in substantial part by persons residing in the area of the project.6 It is in full compliance and is adhering to the procedures described on the Citizen Participation Plan as required by 24 CFR 91.105.7. It has developed its Action Plan so as to give maximum feasible priority to activities that benefit low and moderate income families or aid in the elimination of slums or blight.8. It has developed its Action Plan to ensure that the aggregate use of CDBG funds shall principally benefit persons of low and moderate income in a manner that ensures that at least 70 percent of the amount is expended for activities that benefit such persons during the designated period.9. It will comply with the all Federal notification, inspection, testing, and abatement procedures concerning lead-based paint set forth in 24 CFR 570.608 and 24 CFR part 35. It will also comply with the lead-based paint procedures as set forth in the Texas Environmental Lead Reduction Rules (TELRR 295).
  • 181. 10. It will or will continue to provide a drug-free workplace by publishing a statement notifying employees that the unlawful manufacture, distribution, dispensing, possession, or use of a controlled substance is prohibited in the grantee’s workplace and specifying the actions that will be taken against employees for violation of such prohibition.11. It has adopted and is enforcing a policy prohibiting the use of excessive force by law enforcement agencies within its jurisdiction and against any individuals engaged in non-violent demonstrations and has adopted and is enforcing a policy enforcing applicable state and local laws against barring entrance to or exit from a facility or location in which is the subject of such non-violent civil rights demonstrations.12. It is using its HOME funds for eligible activities and costs, as described in 24 CFR §92.205 through 92.209 and that it is not using and will not use HOME funds for prohibited activities, as described in §92.214.13. Before committing any funds to a project, it will evaluate the project in accordance with these guidelines it adopts for this purpose and will not invest any more HOME funds in combination with other Federal assistance than is necessary to provide affordable housing.14. It will comply with applicable laws.
  • 182. APPENDIX F CITY OF SAN ANGELO A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN ANGELO AMENDING A RESOLUTION ESTABLISHING A POLICY FOR PROVIDING VOLUNTARY TEMPORARY RELOCATION ASSISTANCE TO VOLUNTARY PARTICIPANTS UNDER CDBG AND HOME PROGRAMS.WHEREAS, the City of San Angelo (the City) has received grants from the U.S. Department of Housingand Urban Development (HUD) under the Community and Housing Support Block Grant Program(CDBG) and HOME Investment Partnerships Program (HOME) for the benefit of low/moderate incomefamilies residing within the incorporated city limits;WHEREAS, the City has undertaken a Housing Rehabilitation Program through the Community andHousing Support Department to prevent the reduction of suitable low/moderate income houses;WHEREAS, the City has undertaken a Neighborhood Revitalization Program through HOME topreserve and increase the number of suitable residences available to low/moderate income families intarget areas selected by the City Council leading to overall neighborhood enhancement;WHEREAS, the City Council determines voluntary temporary relocation assistance to be appropriate tothe City’s CDBG Program in accordance with 24 CFR 570.201(i), the HOME Program in generalaccordance with 24 CFR 92.353(b)(1), and Section 105(a)(11) of the Housing and Community andHousing Support Act of 1974 as amended (the Act);WHEREAS, the City Council originally adopted a Resolution establishing a Policy for providingVoluntary Temporary Relocation Assistance to Voluntary Participants under CDBG and HOMEPrograms on August 7, 2001; andWHEREAS, the policy needs to be amended to provide for accommodating eligible participants at localhotels or motels for periods of occupancy of less than a month and to provide a meal per diem for eachfamily member.NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SANANGELO:That the City Council of the City of San Angelo, Texas, hereby adopts a Resolution establishing thefollowing amended policy for providing Voluntary Temporary Relocation Assistance to voluntaryeligible program participant homeowners under the Community and Housing Support RehabilitationProgram and the HOME Neighborhood Revitalization/Enhancement Program, as follows:1. Eligibility for voluntary temporary relocation assistance shall be established as follows: A. Owner-Occupant B. Be an eligible Housing Rehabilitation (Rehab) or Neighborhood Revitalization applicant having met all eligibility criteria of either the Rehab Program or Revitalization Program including current income limits as set forth by HUD; and (1.) Have been awarded or approved for a Rehab or Revitalization grant/loan under the City’s Programs; and
  • 183. (2.) Have completed and signed the Agreement for Voluntary Temporary Relocation Assistance attached hereto and incorporated herein for all purposes; and (3.) Have signed a Voluntary Rehabilitation or Reconstruction Agreement, agreeing to all assistance offered and the terms thereof; and (4.) In the case of reconstruction, have signed a release authorizing the City to demolish the homeowner’s currently occupied dwelling when it becomes vacant and releasing the City from all claims arising there for the purposes of constructing a new dwelling unit at the same site.2. The City will provide relocation assistance in the form of a grant to eligible applicants which will be used for the direct payment of eligible expenses and/or reimbursement of all reasonable out-of-pocket expenses incurred as follows: A. Expenses of renting a comparable, decent, safe, and sanitary temporary dwelling unit meeting HUD Housing Quality Standards available in the City with monthly rental not to exceed the applicable fair market rent established by HUD for the appropriate unit with the specified number of bedrooms; and B. In cases where the period for voluntary temporary relocation is anticipated to be less than one month, expenses for lodging at a local hotel or motel and if the family will not have access to adequate appliances for cooking meals during voluntary temporary relocation, a per diem of $15.00 per day for each family member to off set the cost of meals; and C. Expenses for moving the personal property in the applicant’s dwelling to and from the temporary dwelling, or, if approved, to and from storage; and D. Utility transfer fees and deposits; and E. Expense for the temporary storage of household furnishings that are required to be removed from the home in order for approved work to be accomplished.3. Direct payments or reimbursement payment will be made in accordance with the Community and Housing Support Department policy as set out in Chapter 4 of the Community and Housing Support Housing Rehabilitation and Demolition Programs Guidelines and HOME Neighborhood Revitalization/Enhancement Program Housing Rehabilitation and Reconstruction Guidelines, as approved by the City Council of San Angelo on June 19, 2001.PASSED, APPROVED and ADOPTED on this the 18th day of February, 2003. THE CITY OF SAN ANGELO _|s| Ruddy Izzard_________________ RUDY IZZARD, MAYORATTEST:
  • 184. _|s| Kathy Keane__________________KATHY KEANE, CITY CLERK
  • 185. APPENDIX G APPLICATION, INCOME VERIFICATION AND WORK PROCEDURE FORMSAPPLICATION PROCESS Forms CDBG and HOME Programs Application CDBG and HOME Programs Supplemental Application for Additional Household Members CDBG and HOME Programs Acknowledgement Form Home Buyers Assistance Program Participant Referral Sheet Home Buyers Assistance Program Confidential Release of InformationVERIFICATION PROCESS Verification forms are for all programs when applicable. All applicants must sign the Income Inclusion & Exclusion Form and the Eligibility Release Form Forms CDBG/HOME Programs: Income Inclusion & Exclusion CDBG and HOME Funded Programs Eligibility Release Form Verification of Employment Income Form Verification of Child Support Payments Verification of Social Security Benefits Verification of Veterans Administration (VA) Benefits Verification of Unemployment Benefits Verification of Pension and Annuities Verification of Income from Military Service Verification of Income from Business Verification of Recurring Cash Contributions Verification of Public Assistance
  • 186. Forms Verification of Assets on Deposit Calculation of Annual IncomeWORK PROCEDURESHomebuyer’s Assistance Program Forms Down Payment and Closing Cost Calculation Worksheet Summary Sheet Environmental Review Site Specific Review Checklist (if new construction) Inspection Form Letter of Understanding – CHS and Lending Institution Letters of Understanding – CHS, Lending Institution and Broker Letter of Understanding – CHS and BrokerEmergency Repair//Demolition/Rehabilitation and New/Reconstruction Forms CDBG and HOME Programs Grant-to-Loan Ratio Worksheet CDBG Emergency Repairs Agreement to Pay Loan Demolition Grant-to-Loan Ratio Worksheet Agreement for Voluntary Temporary Relocation Assistance Determination of Dangerous Building Determination of Substandard Building or Structures Demolition Authorization Form – Release in Full All Claims Inspection Form Preliminary Inspection Notes
  • 187. FormsAssignment Sheet for Housing Rehabilitation Inspection and SpecWriter ServicesSite Specific Review ChecklistBid Tabulation FormRelease in Full All ClaimsReal Estate Lien NoteDeed of TrustMemorandum of Understanding For Project Design,Specifications, and Change Orders Under the HousingRehabilitation and HOME Neighborhood RevitalizationProgramsNotice to Proceed FormCommunity and Housing Support Housing Rehab and HOMERevitalization Housing Rehab/Reconstruction Punch List InspectionFormCDBG Rehab and HOME Revitalization Acknowledgement FormHousing Rehab Specification Writer Certification FormContractor’s AffidavitHousing Rehab AgreementEPA Pamphlet, “Protect Your Family”EPA Pamphlet, “Proteje Su Familia”Lead – Safe Housing Rule Checklist For General ComplianceDocumentationLead – Safe Housing Rule – Applicability FormLead – Based Paint Risk Assessment Model Curriculum
  • 188. APPENDIX H COLLECTIONS POLICY Account Collection ProceduresIntroduction The City Council has directed the Community and Housing Support Department (CHS) to regularly service all loans for the CDBG and HOME programs. All programs relating to home repairs, home reconstruction and new construction require that up to 50% of the work be paid back through 2% interest loans. The Emergency Repair program allows for all costs up to $5,000 to be granted and loans are only written for amounts exceeding $5,000. The Homebuyers Assistance Program (HAP) provides up to $12,000 in the form of a no payment, 2% interest loan, with the stipulation that the homeowner live in the home for five (5) years. All loans are secured by lien on the property. The goals of the Community and Housing Support Programs are to provide decent, safe and sanitary housing and to provide homeownership opportunities to low and moderate income families and individuals, not to repossess homes. Therefore, a reasonable effort will be made to work-out a payment arrangement plan to keep the homeowners in their homes. However, with the servicing of loans comes the responsibility of collecting delinquencies & defaulted loans. This procedure outlines the collection steps for all loans for home repairs, home rehabilitation, reconstruction, new construction and homebuyer’s assistance program in delinquent or default status.Collection Procedure for Home Repairs, Reconstruction and New Home Loans Initial Monthly Billing: Each client will be mailed a monthly statement that reflects the amount due, monthly payment required and the due date. All loan payments are required to be received by the 15th of each month or a late fee of $5.00 is incurred. Note: Monthly statements are not sent for the HAP no-payment, 2% interest loans. Account Review: CDBG and HOME Program Loans will be reviewed monthly for payments received. Any account in which a payment has not been received by the 15th of each month will be sent a Reminder Notice. Homebuyers Assistance Loans (no payment, 2% interest) will be reviewed annually to ensure that the home is the primary residence of the client. 30 Day Reminder Notices: Reminder Notices by the Community and Housing Support Department will be mailed at thirty (30) day intervals. See Attachment 1. 60 Day Reminder Notices: A second Reminder Notice by the Community and Housing Support Department will be mailed at sixty (60) days. The reminder will state that the account is approaching default status and encourage the client to contact the department to make payment arrangements in order to avoid more serious collection efforts up to and including foreclosure and eviction. See Attachment 2. Payment Arrangements: The goal of the CHS Department will be to assist the customer on getting current on their loan by offering to make suitable payment
  • 189. arrangements for past due amounts (including late fees) on all accounts that are thirty (30) to ninety (90) days in arrears. 1. Extensions to the due dates may be granted but generally should not exceed the next billing cycle. 2. The CHS Department shall not entertain more than three requests for extensions within a one-year period. In the event that circumstances warrant a revision to the monthly payment date of the note, client shall be responsible for making amending the monthly payment date subject to the approval of the CHS Department. 3. When an account is ninety (90) days delinquent, the client’s may be required to have their debit-to-income reassessed by CHS staff and/or Consumer Credit Counseling. A. If the client has a surplus in their household budget, based on the debt-to-income analysis, payment arrangements on the past due amount, may not exceed the surplus. See attachment 3. B. If the client does not have a surplus and/or is unwilling to establish suitable payment arrangements, the account will be forwarded to the City Council to terminate the loan and to the Legal Department to begin foreclosure/eviction. 4. Clients that do not keep their revised payment arrangements will have their accounts forwarded to City’s Legal Department to initiate legal action, including, but not limited to, foreclosure and/or eviction. 5. If a client fails to make an appointment relating to the reassessment of their debit/income or call to reschedule the appointment, the case will be forwarded to City’s Legal Department to initiate legal action, including, but not limited to, foreclosure and/or eviction. 6. Once an account has exceeded 90 days and been forwarded to the Legal Department to begin foreclosure, CHS Department will not be able to negotiate directly with the client regarding any arrangements.Account Default Notice: An Account Default Notice will be sent via certified mail, by the Community and Housing Support Department at ninety (90) days informing the client that the account has been classified as being in default under the terms of the loan and demand immediate full payment on the past due amount or that payment arrangements agreeable to the Department must be established within thirty (30) days. The letter will also state that this is the final attempt to assist the client in avoiding the account being forwarded to the City’s legal department to begin foreclosure and eviction procedures. See Attachment 4.Legal Department Request: In the event a client does not respond to the Account Default Notice through immediate payment of the delinquency, or by making suitable payment arrangements as set forth above, the Community and Housing Support will request the Legal Department to begin foreclosure and eviction
  • 190. Initiation of Termination: In the event that the client does not make formal payment arrangements or pay the delinquent balance in full, the Legal and Community Department Departments will present the City Council with a resolution of adoption of termination proceedings against the client. Upon passing of the resolution to terminate, the Legal Department will begin the legal process of foreclosure and eviction. See Attachment 5. Legal Termination: The Legal Department will follow the necessary and proper legal procedures for foreclosure and eviction of the client.NOTE: The Director, Neighborhood and Family Services will review each case prior to forwardingto the Legal Department and will use discretion to ensure hardship on the families is kept to aminimum.Procedures for Property Ownership Transfers All Homebuyers Assistance Program no-payment, no-interest loans, CHDO constructed homes and CHS’s home constructed or rehabilitated with HOME funds require that the homeowner maintain the home as their primary place of residence for term of the contract. Normally, this affordability period is from five (5) years to fifteen (15) years depending on the level of assistance provided. The CHS and CHDO staff is required by HUD to verify residency on these loans annually until the affordability period expires. In addition, all accounts (CDBG & HOME) in default status should be reviewed to ensure ownership has not changed without the lien being satisfied. If the ownership at any time during the affordability period has changed, the CHS department will pursue payment as outlined below. Annual Ownership Verification Steps: 1. Annually, all HOME funded loans will be verified by comparing the name(s) on the loan documents to the name(s) listed on the Tom Green County Tax Appraisal District website http://www.tomgreencad.com. If the name (s) matches the loan documents and Deed of Trust on file, no further action is required and a copy of the webpage will be placed in the case file. 2. If the name on the account does not match the Tom Green County Tax Appraisal District website, current ownership will be verified by sending a written request to the Water Utility Billing Department for verification and/or a title search requested from a local title company. 3. Upon receipt of the verification and/or title search a certified letter will be sent to the current owner stating that the City of San Angelo holds a lien on the property that was not cleared before the property was transferred, request that they contact the Community and Housing Support department and inform them a formal request is being forwarded to Legal Department to pursue collection. See Attachment 6 4. If the client does not respond to the certified letter informing them of the lien on the property, CHS will complete a request for Legal Services to foreclose on the property and forward it to the Legal Department along with copies of the original Deed of Trust, Loan Documents, Account Ledger, Tom Green County Tax Appraisal District verification and Title Search. 5. Should the new owner of the property pay off the lien, the CHS Department will prepare a formal Release of Lien, have it recorded at the Tom Green County Court House, place a copy in the case file and mail the original to the property owner. 6. In the event that the client does not make formal payment arrangements or pay the lien in full, the Legal and Community Department Departments may present the City Council with a resolution of adoption of termination proceedings against the client. Upon passing of a resolution to terminate, the
  • 191. Legal Department will begin the legal process of foreclosure and eviction.
  • 192. 30 Day Reminder NoticesMr. Tom Jones123 Elm StreetSan Angelo, Texas 76900 Re: REMINDER NOTICE – Account: L-0000Dear Mr. Jones: According to our records, your home rehabilitation loan(s) is past due and has been charged with a $5.00late fee. In order to reduce your loan balance in a timely manner and avoid future late fees, it is critical that youhonor the loan agreement and repay the loan by making your regular payments before the 15th of each month. If you are unable to make your payment, please contact us immediately to establish a new paymentagreement (325) 655-0824. Sincerely, City of San Angelo, Community and Housing Support
  • 193. 60 Day Reminder NoticesMr. Tom Jones123 Elm StreetSan Angelo, Texas 76900 RE: REMINDER NOTICE-2: Account - L-0000Dear Mr. Jones: Please be advised that according to our records, your account now sixty (60) days past due in the paymentof your home rehabilitation loan and approaching loan default status. Pursuant to the terms of your loan, monthlypayments are required to be received by the 15th of each month. Each month that a payment is not received or notreceived by the 15th, your account incurs a late fee of $5.00. In addition, we hold a lien on your home as paymentsecurity that will not be released until the loan, including any late fees are paid. Your payment of $60.00 (including late fees) must be received by our office no later than October 15,2007 and payments must continue monthly to avoid further collection efforts, which may include requesting the CityCouncil to terminate the loan by foreclosure and eviction. If you are unable to make your payment, please contact us immediately to establish a new paymentagreement (325) 655-0824. Sincerely, Roger S. Banks Senior Program Administrator
  • 194. Payment ArrangementsMr. Tom Jones123 Elm StreetSan Angelo, Texas 76900 RE: Past Due Payment Arrangments-L-0001Dear Mr. Jones: This letter is to confirm your new payment schedule on the above account following our meeting on July10, 2007. Based on the reassessment of your current income and debits we agreed to revise your payment scheduleas reflected below: 1. $20.50 is to be received in Community and Housing Support on or before the 1st of each month until the past due amount of $1,200.00 is paid; and 2. $25.00 (regular monthly loan payment) is to be received by Community and Housing Support on or before the 15th of each month. Failure to make these payments, as mutually agreed, on both the past due amount and/or the loan balancemonthly may result in the termination your loan, foreclosure and eviction procedures. Please contact us immediately at (325) 655-0824 should you have any questions regarding your newpayment schedule. Sincerely, Roger S. Banks Senior Program Administrator
  • 195. Account Default NoticeMr. Tom Jones123 Elm StreetSan Angelo, Texas 76900 Original Loan Amount: $7,035.00 Current Balance: $7,080.00 Past Due Amount: $1,216.00 RE: NOTICE OF DEFAULT ACCOUNT – L-0000Dear Mr. Jones: Your account is currently ninety (90) days past due. The total amount past due on your loan is nowapproximately $1,216.00 including late fees. As of the date of this letter, no payments have been received orsuitable payments arrangements made. Your loan has now been classified as being in default and is subject toproperty foreclosure and eviction. Your payment on the past due amount of $1,216.00 must be received by our office no later than July30, 2007. Failure to pay this amount or make payment arrangements may generate a formal request to the CityCouncil requesting a vote to terminate your loan and the City of San Angelo’s Legal Department to beginforeclosure and your eviction from the property. This is our final attempt to help you avoid pending foreclosure and eviction. Please call our office at (325)655-0824 should you have any questions. Sincerely, Robert Salas Director of Community and Housing Support
  • 196. Loan Termination NoticeMr. Tom Jones123 Elm StreetSan Angelo, Texas 76900 Original Loan Amount: $7,035.00 Current Balance: $7,080.00 Past Due Amount: $1,216.00 RE: NOTICE OF LOAN TERMINATION – L-0000Dear Mr. Jones: No payments on the past due amount or regular payments have been received on the above account. Yourfailure to pay the past due amount (including late fees) and/or make regularly monthly payments constitutes a breachin the terms of the loan. Please be advised that the Community and Housing Support and the Legal Departments for the City of SanAngelo have requested that the City Council vote to terminate your loan and evict you from the property. Therequest that the loan be terminated and eviction has been requested for the December 3, 2007 San Angelo CityCouncil consent agenda. If you have any questions concerning these matters, please contact me at the above address or telephonenumber. Sincerely, Jane Smith Asst. City Attorney
  • 197. Notice of Property LienMr. Tom Jones123 Elm StreetSan Angelo, Texas 76900 Original Loan Amount: $7,035.00 Current Balance: $7,080.00 RE: NOTICE OF PROPERTY LIEN – 123 Elm Street-L-0000Dear Mr. Jones: A recent audit of property ownership records indicates that you are the current owner of the above property.Please be advised that the City of San Angelo holds a lien on the property that was not cleared at the time theproperty was transferred in the amount of $7,080.00 (including late fees). The lien was placed on the account tosecure a loan for home repairs through the Community and Housing Support Department and was recorded in theproperty records of Tom Green County on July 5, 2004, in Volume 10, Pages 1-5. In order to have the property lien released and avoid other collection efforts, up to and including propertyforeclosure, please send at check or money order in the amount of $7,080.00, by July 30, 2007 to: City of San Angelo Community and Housing Support P.O. Box 1752 San Angelo, Texas 76902 Upon receipt of your check, a Release of Lien will be recorded and mailed to you. Failure to pay thisamount will generate a request to the City Council and Legal Department to initiate foreclosure and evictionproceedings. Please call our office at (325) 655-0824 should you have any questions. Sincerely, Robert Salas Director of Community and Housing Support
  • 198. APPENDIX I MONITORING PLANIt is incumbent upon the City to require compliance with all applicable federal requirements and to assure theappropriate expenditure of funds. To ensure accountability for public funds and timely progress towardConsolidated Plan goals, the City of San Angelo employs and will continue to utilize a comprehensive monitoringplan. To assure adequate quality control and to demonstrate compliance with the applicable federal rules, theessential aspects of this monitoring plan include both quantitative and qualitative elements as follows: the establishment and clear communication of performance standards and goals through the Annual Action Plan and Subrecipient Agreements; consistent maintenance of accurate and complete records by both the Department and Subrecipients; verification of accountability throughout term of contract and documentation of same by monitoring and preparing a written report concerning each request for reimbursement, which will be shared with the respective Subrecipient; frequent communication with Subrecipients through written correspondence, telephone conversations, and meetings as appropriate; provision of technical assistance for assurance of compliance with federal regulations and contract requirements; and on-site monitoring visits as needed and documentation regarding same, which will be shared with the respective Subrecipient.These activities are within the Community and Housing Support Department’s staff capabilities, time, and financialcapacity and will provide a reasonable and accurate test for program and contract compliance.Compliance monitoring will occur on both projects implemented directly by the City and those operated bySubrecipients. For example, all housing rehabilitation activities must meet the Housing Quality Standardsprescribed by HUD and the City’s applicable minimum code requirements. The Housing Rehabilitation ProgramAdministrator will conduct periodic interim inspections and final inspections to verify correct methods and materialsas well as quality workmanship and timely completion of the specified work. All rehabilitation projects will includea quality control interview to ascertain owner satisfaction. Monitoring will also include an assessment of whetherthe owners are maintaining their residences in an acceptable condition, taking into account their ability to do so.Ultimately, the nature of each Subrecipient project will determine the exact scope and method of monitoringactivities for that project undertaken by the City. All Subrecipients receiving grant funding from the City Council toimplement certain Consolidated Plan activities and goals will be required to enter a written funding agreement withthe City. The agreement will define the responsibilities and scope of work related to each project or program. Eachcontract will provide for correction of deficiencies or continued non-compliance with requirements of the contract.All contractors will be required to carry the minimum levels of insurance prescribed by the City and Certificates ofInsurance must be provided before the project can be started.On-site monitoring of each Subrecipient will occur as needed to ensure compliance, maintenance of adequate andaccurate records, and proper use of funds. Subrecipients will be required to develop a system to verify clienteligibility as well as a system for maintaining grant-funded project files. Subrecipients will be required to provideperiodic reports supplying pertinent program information, which will be reviewed for compliance with contractterms and federal regulations. Technical assistance will be provided to each contractor and Subrecipient asappropriate to achieve compliance with the monitoring plan requirements.PUBLIC SERVICES1. Site visits of CDBG Subrecipients occurs as follows: • Conducted by CDBG Program Administrator and other staff members as needed
  • 199. • Meeting with CDBG recipient on site to review contract compliance, program and agency management • Reviewing clients’ files to ensure recipient’s compliance with HUD income eligibility requirements • Reviewing recipient’s capacity in collecting and reporting “client’s demographic data” as mandated per HUD guidelines; and providing technical assistance as needed • Reviewing the “proposed” number of unduplicated clients to be served by the program against the “actual” number reported by Subrecipients; and discussing the need to reassess these figures where discrepancies and/or inconsistencies are identified • Reviewing recipient’s “performance measure” process and providing technical assistance as needed • Identifying and addressing areas of concerns in order to ensure recipient’s compliance with all of HUD mandated rules/regulations • Observing program/s where applicable; and visiting facilities (for new recipient/program) • The CDBG Project Administrator prepares a final monitoring report that synthesizes the information gathered during the site visit; and forwards a copy of the report to each CDBG Subrecipient. The report includes a “Monitors’ Result/Summary” section that summarizes the monitor’s assessment of the site visit and identifies any issues/concerns to be addressed by each recipient, with the assistance of the monitor if necessary2. Financial monitoring of CDBG Subrecipients occurs as follows: • Reviewing CDBG Subrecipient’s monthly/quarterly invoices and supporting documentation to ensure that all costs correspond to project services as outlined in recipient’s contract budget; and conducting random review of invoices during site visits where applicable • Collecting and submitting to City Auditor for reviewing the following recipient’s documentation o Its most recent audited financial statements, together with all related reports on internal controls and compliance and Management Letter if applicable3. Ongoing review of monthly and annual reports submitted by CDBG Subrecipients • Monthly Reports o At the end of each month, CDBG Subrecipients submit a report indicating the “total number of unduplicated clients served” during this period by their CDBG-supported programs, as well as the corresponding clients’ demographic data as mandated per HUD guidelines • Follow-up o Upon review of the reports Subrecipients are contacted to clarify any discrepancies and/or incomplete data identified on their reports, if applicable • At the end of the contract year, the CHS staff compiles all the client demographic data reported by the CDBG Subrecipients; and prepares a comprehensive clients’ statistical report that becomes part of CAPERS (a mandated yearly HUD report)HOUSINGThe City of San Angelo intends to use the existing housing delivery system to achieve its production and servicegoals. While this will include managing some in-house programs, many programs and services will be contractedout to sub-grantees such as Community Housing Development Organizations (CHDO). For specific developmentprojects, funds will be allocated to eligible projects on a competitive basis.The City monitors housing rehabilitation, new construction, and tenant-based rental assistance activity and all otherCommunity and Housing Support activity carried out by sub-recipients on an annual monitoring schedule created toensure strict compliance with applicable HUD laws, regulations and program guidelines. The monitoring processalso includes an ongoing review of production levels as benchmarked in the Five-Year Consolidated Plan.On a regular basis, the City reviews applications for specific project funding, reviewing all available funds againstthe needs of projects in the pipeline. This is in addition to reviewing project feasibility, providing technicalassistance, and monitoring the progress of projects under construction on an on-going basis.On a monthly basis, the City reviews all sub-grantee operating expenses by examining bills and supportingdocumentation for monthly program expenditures, including administrative and construction costs.
  • 200. The City comprehensively reviews Subrecipient/Sub-grantee performance levels; reviews overall performanceagainst goals, as well as analyze consolidated budget statements. Annually, the City conducts regular ongoing sitevisits as well as program and tenant file monitoring of the Home Neighborhood Revitalization Programs that includeHomebuyers Assistance Program (HAP), Home Ownership Program, Tenant-based Rental Assistance, and CHDOhousing program to ensure compliance with program goals and federal regulations.Property inspections are built into our service delivery system and are conducted as prescribed by HUD. Propertiesare closely monitored beginning at the time funds are committed to the completion of construction or rehabilitation,with monitoring that follow in subsequent years.Pre-Inspection: Once a client is eligible for assistance, a pre-inspection of the residential structure will beconducted for: • Emergency repair • Rehabilitation • Homebuyers assistance (HAP) • Tenant-based rental assistance (TBRA)Pre-inspection is necessary to access the level of rehab assistance required and to confirm problems reported byclient in the case of rehab and emergency repair activity. Pre-inspection is also necessary to ensure homebuyer andTBRA dwelling meet minimum Housing Quality Standards (HQS) and are acceptable candidates for both HAP andTBRA programs. HUD form HUD-52580 is used for determining suitability for HAP & TBRA programs. Forrehab, a local CHS Construction Inspection form will be used to assess required assistance. For emergency repairs,a visual inspection accompanied by photo records will be conducted.Final Inspection: A final inspection is conducted to ensure all work identified in the specifications are competed forrehab, reconstruction, and new construction. The CHS Construction Inspection form will be used for the finalinspection in these cases. For emergency repairs, only a visual and photo record are conducted to ensure completionof work. In addition, the HUD-52580 form will be used for all complete rehabs, reconstructions, and newconstruction to ensure HQS are met.One-year Housing Quality Standards Inspection: For CDBG rehabs, reconstructions, and new homeconstruction a one-time HQS inspection will be conducted by the Housing Rehab Program Administrator at the oneyear anniversary of project completion to ensure all items under warranty are in compliance to local codes andquality standards. Contractors will be required to remedy findings by the Inspector per contract specifications.Affordability Periods: Annually, the HOME Program Administrator and Housing Rehab Program Administratorconduct inspections on HOME and CDBG funded units to include CHDO built units to ensure compliance to theaffordability period as stated in the legal documents. This will be accomplished by the following:1. Check the current water bill with the Water Billing Department to ensure the client is still the main recipient atthe appropriate address2. Check with the Tom Green County Appraisal District to ensure name on tax roles has not changed3. If the name listed in either the water bill or tax role does not match original client’s name, a title search will beconducted followed by a site visit.4. If non-compliance to the affordability period is discovered, action to recapture funds will be taken.
  • 201. APPENDIX J ANNUAL INCOME CALCULATION GUIDELINESPURPOSE. To provide guidance on the calculation of household or family income for purposes of determiningeligibility of potential CDBG program beneficiaries in order to meet the requirement of serving Low to ModerateIncome (LMI) households or families.BACKGROUND. Subpart F of Part 5 consolidates the requirements pertaining to income for many of HUD’sprograms, including Section 8 and the Community and Housing Support Block Grant Program.DISCUSSION.1. What income group households are eligible for CDBG assistance? Beneficiaries of CDBG assistance must be within the “Targeted Income Group”. The Targeted Income Group (TIG) is those households earning less than 80% of the median income for a family of similar size. Median incomes are calculated by HUD annually for each county and vary throughout the state. CHS provides a copy of these “Annual Income Limits" to all eligible Subrecipients. Subrecipients are required to use the most current median income limits when qualifying applicants.2. For what time period must household income be calculated? Household income eligibility must be based on the “annual income” definition for “adjusted income” which is defined at 24 CFR Subpart D §570.3 as follows: “Adjusted gross income defined for purposes of reporting under Internal Revenue Service (IRS) Form 1040 for individual Federal annual income tax purposes.” Estimate the annual income for a family or household by projecting the prevailing rate of income of each person at the time assistance is provided for the individual, family, or household (as applicable). Estimated annual income shall include income from all family or household members, as applicable. Income or asset enhancement derived from the CDBG-assisted activity shall not be considered in calculating estimated annual income.3. What 12-month period should be used to determine CDBG eligibility? Based on the above definition of "annual income," Subrecipients should do the following and use the online HUD Income Calculator or provided Excel spreadsheet: a. Start with the present and calculate for the next 12 months. Use current circumstances to anticipate income for the next 12 months, unless verification forms indicate an imminent change. For employed applicants and family/household members who did not file a 1040 (did not work last year), a minimum of three (3) consecutive pay stubs are required plus a 3rd party verification must be completed. Convert all income (weekly, monthly, etc.) to an annual figure to complete income eligibility calculations. This may be done by annualizing current income or averaging known sources of income that vary to compute an annual income. b. Permanently employed applicants. For all full-time permanently employed applicants, regardless of the length of time employed at the time of application for assistance, the income must be evaluated based on what the earnings are on an annual basis. This means that grantees should not count just what the applicant has earned so far in the year, but what the applicants income is projected to be over the next 12 months. This will be achieved by submitting the most recent year’s 1040 Form which was prepared by an established tax preparation service. If the family member does not
  • 202. have this form, it may be requested by calling 1-800-829-1040, or by mailing or faxing the IRS Form 4506-T. c. Applicants with special circumstances (e.g., guaranteed imminent layoff, seasonal or part-time employment). The grantee shall take those factors into consideration when calculating what the earnings would be on an annual basis. Notwithstanding the special circumstances, income for all applicants shall be calculated on an annual basis, not on the basis of what may have been earned so far in a given year at the time of application for assistance. For employed applicants and family/household members who did not file a 1040 (did not work last year), a minimum of three (3) consecutive pay stubs are required plus a 3rd party verification must be completed.4. What must be included as income and what may be excluded? Paragraphs b. and c. of the attached Part 5 income regulations contain detailed lists of what should be included in annual income and what may be excluded. These would be used if the 1040 is not available.5. Who are the applicants and should grantees calculate "household" or "family" income? Use Household income for activities that benefit the occupants of a housing unit, such as in housing rehabilitation, housing new construction, and public works projects that benefit specific housing units. When "household" is used as the basis for the calculation, "household" means "all the persons who occupy a housing unit. The occupants may be a single family, one person living alone, two or more families living together, or any group of related or unrelated persons who share living arrangements" (24 CFR 570.3). Therefore, the income of all persons residing in the residence must be included. This means Subrecipients must include the income from unrelated household members (e.g., a roommate of the applicant, someone who may be renting a room in the residence from the CDBG applicant, etc.) and persons who are living in the residence more than half time. Use Family income for activities where a family rather than a specific housing unit is the main beneficiary, such as in economic development/job creation activities, community facilities and public services that benefit individuals. When "family" is used as the basis for the calculation, "family" means "all persons living in the same household who are related by birth, marriage or adoption" (24 CFR Part 570.3.)[Code of Federal Regulations][Title 24, Volume 1][Revised as of April 1, 2003]From the U.S. Government Printing Office via GPO Access[CITE: 24CFR5.609][Page 80-82] TITLE 24--HOUSING AND URBAN DEVELOPMENTPART 5--GENERAL HUD PROGRAM REQUIREMENTS; WAIVERS--Table of ContentsSubpart F--Section 8 and Public Housing, and Other HUD Assisted Housing Serving Persons with Disabilities: Family Income and Family Payment; Occupancy Requirements for Section 8 Project-Based AssistanceSec. 5.609 Annual income. (a) Annual income means all amounts, monetary or not, which: (1) Go to, or on behalf of, the family head or spouse (even if temporarily absent) or to any other family member;or
  • 203. (2) Are anticipated to be received from a source outside the family during the 12-month period followingadmission or annual reexamination effective date; and (3) Which are not specifically excluded in paragraph (c) of this section. (4) Annual income also means amounts derived (during the 12-month period) from assets to which any memberof the family has access. (b) Annual income includes, but is not limited to: (1) The full amount, before any payroll deductions, of wages and salaries, overtime pay, commissions, fees, tipsand bonuses, and other compensation for personal services; (2) The net income from the operation of a business or profession. Expenditures for business expansion oramortization of capital indebtedness shall not be used as deductions in determining net income. An allowance fordepreciation of assets used in a business or profession may be deducted, based on straight line depreciation, asprovided in Internal Revenue Service regulations. Any withdrawal of cash or assets from the operation of a businessor profession will be included in income, except to the extent the withdrawal is reimbursement of cash or assetsinvested in the operation by the family; (3) Interest, dividends, and other net income of any kind from real or personal property. Expenditures foramortization of capital indebtedness shall not be used as deductions in determining net income. An allowance fordepreciation is permitted only as authorized inparagraph (b)(2) of this section. Any withdrawal of cash or assets from an investment will be included in income,except to the extent the withdrawal is reimbursement of cash or assets invested by the family. Where the family hasnet family assets in excess of $5,000, annual income shall include the greater of the actual income derived from allnet family assets or a percentage of the value of such assets based on the current passbook savings rate, asdetermined by HUD (currently 2%); (4) The full amount of periodic amounts received from Social Security, annuities, insurance policies, retirementfunds, pensions, disability or death benefits, and other similar types of periodic receipts, including a lump-sumamount or prospective monthly amounts for the delayed start of a periodic amount (except as provided in paragraph(c)(14) of this section); (5) Payments in lieu of earnings, such as unemployment and disability compensation, workers compensation andseverance pay (except as provided in paragraph (c)(3) of this section); (6) Welfare assistance payments. (i) Welfare assistance payments made under the Temporary Assistance forNeedy Families (TANF) program are included in annual income only to the extent such payments: (A) Qualify as assistance under the TANF program definition at 45 CFR 260.31; and (B) Are not otherwise excluded under paragraph (c) of this section. (ii) If the welfare assistance payment includes an amount specifically designated for shelter and utilities that issubject to adjustment by the welfare assistance agency in accordance with the actual cost of shelter and utilities, theamount of welfare assistance income to be included as income shall consist of:[[Page 81]] (A) The amount of the allowance or grant exclusive of the amount specifically designated for shelter or utilities;plus (B) The maximum amount that the welfare assistance agency could in fact allow the family for shelter andutilities. If the familys welfare assistance is ratably reduced from the standard of need by applying a percentage, theamount calculated under this paragraph shall be the amount resulting from one application of the percentage. (7) Periodic and determinable allowances, such as alimony and child support payments, and regular contributionsor gifts received from organizations or from persons not residing in the dwelling; (8) All regular pay, special pay and allowances of a member of the Armed Forces (except as provided inparagraph (c)(7) of this section). (c) Annual income does not include the following: (1) Income from employment of children (including foster children) under the age of 18 years; (2) Payments received for the care of foster children or foster adults (usually persons with disabilities, unrelated tothe tenant family, who are unable to live alone); (3) Lump-sum additions to family assets, such as inheritances, insurance payments (including payments underhealth and accident insurance and workers compensation), capital gains and settlement for personal or propertylosses (except as provided in paragraph (b)(5) of this section); (4) Amounts received by the family that are specifically for, or in reimbursement of, the cost of medical expensesfor any family member;
  • 204. (5) Income of a live-in aide, as defined in Sec. 5.403; (6) The full amount of student financial assistance paid directly to the student or to the educational institution; (7) The special pay to a family member serving in the Armed Forces who is exposed to hostile fire; (8)(i) Amounts received under training programs funded by HUD; (ii) Amounts received by a person with a disability that are disregarded for a limited time for purposes ofSupplemental Security Income eligibility and benefits because they are set aside for use under a Plan to Attain Self-Sufficiency (PASS); (iii) Amounts received by a participant in other publicly assisted programs which are specifically for or inreimbursement of out-of-pocket expenses incurred (special equipment, clothing, transportation, child care, etc.) andwhich are made solely to allow participation in aspecific program; (iv) Amounts received under a resident service stipend. A resident service stipend is a modest amount (not toexceed $200 per month) received by a resident for performing a service for the PHA or owner, on a part-time basis,that enhances the quality of life in the development. Such services may include, but are not limited to, fire patrol,hall monitoring, lawn maintenance, resident initiatives coordination, and serving as a member of the PHAsgoverning board. No resident may receive more than one such stipend during the same period of time; (v) Incremental earnings and benefits resulting to any family member from participation in qualifying State orlocal employment training programs (including training programs not affiliated with a local government) andtraining of a family member as resident management staff. Amounts excluded by this provision must be receivedunder employment training programs with clearly defined goals and objectives, and are excluded only for the periodduring which the family member participates in the employment training program; (9) Temporary, nonrecurring or sporadic income (including gifts); (10) Reparation payments paid by a foreign government pursuant to claims filed under the laws of thatgovernment by persons who were persecuted during the Nazi era; (11) Earnings in excess of $480 for each full-time student 18 years old or older (excluding the head of householdand spouse); (12) Adoption assistance payments in excess of $480 per adopted child; (13) [Reserved] (14) Deferred periodic amounts from supplemental security income and social security benefits that are received[[Page 82]]in a lump sum amount or in prospective monthly amounts. (15) Amounts received by the family in the form of refunds or rebates under State or local law for property taxespaid on the dwelling unit; (16) Amounts paid by a State agency to a family with a member who has a developmental disability and is livingat home to offset the cost of services and equipment needed to keep the developmentally disabled family member athome; or (17) Amounts specifically excluded by any other Federal statute from consideration as income for purposes ofdetermining eligibility or benefits under a category of assistance programs that includes assistance under anyprogram to which the exclusions set forth in 24 CFR 5.609(c) apply. A notice will be published in the FederalRegister and distributed to PHAs and housing owners identifying the benefits that qualify for this exclusion. Updateswill be published and distributed when necessary. (d) Annualization of income. If it is not feasible to anticipate a level of income over a 12-month period (e.g.,seasonal or cyclic income), or the PHA believes that past income is the best available indicator of expected futureincome, the PHA may annualize the income anticipated for a shorter period, subject to a redetermination at the endof the shorter period. Income LimitsA copy of the income limits to be used for the CDBG Program can be obtained on the internet at: 2007 CDBGIncome Limits or you may obtain a copy by contacting the Community and Housing Support Department.Links:
  • 205. 2007 CDBG Income Limits -http://www.huduser.org/datasets/il/il2007/2007summary.odb?inputname=METRO41660M41660*San+Angelo%2C+TX+MSA&selection_type=hmfa&year=2007IRS Form 4506-T - http://www.irs.gov/pub/irs-pdf/f4506t.pdfHUD Income Calculator - https://webapps1.hud.gov/hfc/calculator/
  • 206. Income Calculator Guide Select Short Form Method Will always be 0.2 (for 2%) (From Client Profile Form)Please see the definition of “Family” or “Household” to determinethe members in the household. For most public service, the“Family” definition will be used.
  • 207. Enter all family member’s namesWill always be “no” Always use IRS Form 1040 Adjusted Gross Income
  • 208. You will enter each family member’s income from form1040 here. If the member was not previously employed ordid not file last year, you must collect the last three (3)consecutive paystubs to determine the projected annualincome.
  • 209. Click here once all information is entered
  • 210. Print the summary for your files and submit a copy to me. You must keep backupdocumentation as required in the Calculation Procedures.
  • 211. City of San AngeloMemo Meeting Date: September 20, 2011 To: City Council members From: Jeff Hintz, Planner Subject: Request for permission to allow placement of free-standing sign in the public right-of-way on the following property: Location: 37 E. Harris Avenue, Catholic Church Block, Lots 10-14 in Downtown San Angelo Purpose: City Council’s permission will allow a sign to be permitted in the public right-of-way Contacts: Basil Jordan 653-1118 Jeff Hintz, Planner 325-657-4210 AJ Fawver, Planning Manager 325-657-4210 Summary: The City Council may: Approve the request to place signage in the public right-of-way; or Deny the request to place signage in the public right-of-way. Recommendation: City staff recommends denying the placement of the proposed signage in the right-of-way.
  • 212. History and Background:General Information In May of 2011 Basil Jordan, at the request of First Baptist Church, inquired with the Planning Division about placing a sign within the public right-of-way. City staff worked with Mr. Jordan to see if there were any provisions or ordinances which would allow placement of said signage. At that point, it was also determined that a planter present at the subject property also encroaches upon the public right-of-way. Neither the city nor the proponent could produce documentation as to how this planter was allowed placement within the right-of- way. Chapter 12, Section 12.617.1.E of the City of San Angelo’s Code of Ordinances strictly prohibits placing signs within the public right-of-way without the express permission of the City Council.Special Information Traffic Concerns: Potential conflicts between pedestrians and motorists may happen when signage is placed in the public right-of-way; views could be potentially blocked and accidents between pedestrians and vehicles could occur as a result. Past Cases: In July of 2007, the Planning Commission denied a request for signage that would encroach upon the right of way by a vote of 5 to 1 in SV 07-02.Analysis:The staff recommendation is based upon the statements listed below.In addition the prohibition in our city ordinance, signs placed within the public rights-of-way could potentially place the city and citizens of San Angelo at risk. Signage withinpublicly-dedicated land presents a visibility issue for both pedestrians and motorists.Both groups should have clear lines of sight, so that each may proceed safely without acollision.In addition, if the proposed signage were to become unlodged from its pole or bracket,the city would be potentially liable for any personal injury that occurred as a result. TheTort Claims Act leaves the sign owner liable for any property damage that may beincurred from any accidents regarding the signage. However, the risk of personal injuryand potential lawsuit alone should be enough of a liability to deny the request to placesignage within the public right-of-way.It should also be noted, that the planter and plantings do encroach upon the public right-of-way and that any personal injury incurred from the placement of said planter couldalso leave the City of San Angelo potentially liable for any personal injury that occursbecause of it.
  • 213. There are other locations that this proposed signage could be placed on the building atthis location. The campus feeling of the First Baptist Church fits well within thedowntown of San Angelo, and staff believes that signage directing citizens to thevarious buildings is helpful. However, the other signage present on the variousproperties is placed legally and lies outside the public rights-of-way. Staff feels thatadditional signage should be placed where it is legally allowed, just like the othersignage for the church facilities, and like signage for all private citizens and ownershipgroups throughout the city.Proposed Conditions N/AAttachments: excerpt from zoning map, showing the general location within the City of San Angelo; excerpt from zoning map, highlighting subject property; and aerial photo, highlighting subject property;Presentation: Shawn Lewis, Community and Economic Development DirectorReviewed by: AJ Fawver, Planning Manager (9/13/11)
  • 214. City of San AngeloMemo Meeting Date: Tuesday, September 20, 2011 To: City Council members From: Jeff Hintz, Planner Subject: City of San Angelo, a request for approval of an abandonment of Right-of-Way on the following property: Location: City Hall Plaza and adjacent areas, in downtown San Angelo Contacts: David Knapp 657-4279 Jeff Hintz, Planner 325-657-4210 Caption: First Public Hearing and consideration of introduction of an Ordinance authorizing abandonment of public right-of-way around City Hall in downtown San Angelo, AN ORDINANCE PROVIDING FOR THE ABANDONMENT AND CLOSING OF THE FOLLOWING STREET SEGMENT, TO WIT: A 201’ x 20’ alley segment extending NE from Farr Street, approximately 106’ NE from the intersection of Farr Street and West 1st Street; 199’ x 32’ strip of property immediately adjacent to and south of West 2nd Street, beginning at the SE corner of the intersection of West 2nd & Farr Streets, and extending NE; A 80’ x 218’ tract of property between the eastern and western segments of City Hall Plaza with West 1st Street and south of the intersection of North Irving and West 1st Streets, and including a 236’ segment of West 1st Street and an 83’ segment of City Hall Plaza; A 32’ x 215’ segment of City Hall Plaza, extending north from its intersection with West College Avenue, immediately east of City Hall; A 29’ x 70’ segment of Irving Street extending north from its intersection with West 1st Street, immediately north of City Hall; A 36’ x 93’ segment of West 1st Street, extending west from its intersection with Gillis Street, immediately north of City Hall; A 101’ x 56’ tract
  • 215. of property between the western segment of City Hall Plaza and Gillis Street 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 OWNERSSummary: The City Council may:(1) Approve the proposed abandonment;(2) Modify the abandonment conditions to those believed to be more appropriate; or(3) Deny the proposed abandonment.Recommendation: City staff recommends approving the proposed abandonment,subject to conditions outlined in this staff report.History and Background: When the City Hall renovation, parking reconfiguration, and restoration began to take place, the Planning Division noted that the proposed site plan for the addition to the basement portion of the building would require areas of the right- of-way to abandoned. During the research process, staff determined that there were portions of City facilities and parking located within rights-of-way and were unable to find property documents providing for this. In order to take care of all discrepancies and better organize the City Hall property, portions of rights-of- way need to be abandoned, just as if any other private property owner were in this situation. A portion of City Hall currently sits within right-of-way for West 1st Street, an existing alley is utilized for a dedicated drive-thru lane, parking exists in areas not considered part of the property, and the unification of this area in more of a ‘campus’ configuration is desired and has long been part of the Comprehensive Plan for the city. To accommodate parking for the newly designed City facilities, portions of North Irving Street, West 1st Street, and City Hall Plaza are proposed for abandonment.General Information Existing Zoning: Central Business District (CBD) Existing Land Use: City Hall, Permits Offices, Old Library, and Parking Areas
  • 216. Surrounding Zoning/Land Use: North: RM-1 Salvation Army West: RM-1 City Employee Health Clinic South: CBD Church East: CG/CH & RM-1 Commercial property and residences Conformance with Thoroughfare Plan: Streets around City Hall are defined as “local streets.” Development Standards: N/A Storm Water/Drainage: N/A Topography: Abandonment of the rights-of-way are not expected to generate any elevation problems or issues. Water/Sewer Utilities: Abandonment of the rights-of-way is not expected to create any problems or issues for water or utility service. Fire Protection: Open Areas around the building will allow for fire apparatus equipment to locate around all sides of the building. Access Management: N/A Notification Required?: Yes Notifications Sent: 24 Responses in Favor: 0 Responses in Opposition: 0Special Information Private Utilities: Allow access for open and unobstructed easements to maintain utilities in the abandonment area Traffic Concerns: Traffic patterns in the area will certainly be altered and changed if the proposed abandonment is approved. The majority of the area is intended to remain unobstructed by buildings, but will be used primarily for parking areas and internal drives. This will certainly allow for cars to pass through the site, but the parking lot should not be substituted as a way through for motorists in the area.
  • 217. Through traffic in the area will be directed towards 2nd Street to the north or College Avenue to the south for east- west travel via Gillis Street. The western portion of City Hall Plaza will remain open and will likely see an increase in traffic volume due to the closure of West 1st Street. The portion of North Irving Street to the north of City Hall begins at West 2nd Street and motorists are forced to go right or left at the intersection of North Irving and West 1st Street anyhow; this abandonment should not greatly affect traffic patterns in the area more than what currently exists at the present time. The T-shaped intersection of western City Hall Plaza and West 1st Street is, at times, hazardous for pedestrians and motorists alike. If anything, abandonment of this segment of West 1st Street will make this area safer for all who use it. Instead of a three-way intersection, a two-way intersection will be formed with clear visibility for travelers on West 1st Street and western City Hall Plaza.Proposed Conditions1. Reservation of an easement for installation, maintenance, repair and replacement of utilities, which, said easement shall: a. extend over the entire length and width of areas C, E, and F, which are otherwise abandoned rights-of-way; and b. remain open and unobstructed.Attachments: excerpt from zoning map, showing the general location within the City of San Angelo; excerpt from zoning map, highlighting subject property; aerial photo, highlighting subject property; and draft ordinance.Presentation: Shawn Lewis, Community & Economic Development CoordinatorReviewed by: AJ Fawver, Planning Manager (9/12/11)
  • 218. AN ORDINANCE PROVIDING FOR THE ABANDONMENT ANDCLOSING OF THE FOLLOWING STREET SEGMENT, TO WIT: A 201’ x20’ alley segment extending Northeast from Farr Street, approximately 106’Northeast from the intersection of Farr Street and West 1st Street; 199’ x 32’strip of property immediately adjacent to and south of West 2nd Street,beginning at the Southeast corner of the intersection of West 2nd & FarrStreets, and extending Northeast; A 80’ x 218’ tract of property between theeastern and western segments of City Hall Plaza with West 1st Street andsouth of the intersection of North Irving and West 1st Streets, and including a236’ segment of West 1st Street and an 83’ segment of City Hall Plaza; A 32’x 215’ segment of City Hall Plaza, extending north from its intersection withWest College Avenue, immediately east of City Hall; A 29’ x 70’ segment ofIrving Street extending north from its intersection with West 1st Street,immediately north of City Hall; A 36’ x 93’ segment of West 1st Street,extending west from its intersection with Gillis Street, immediately north of CityHall; A 101’ x 56’ tract of property between the western segment of City HallPlaza and Gillis Street in downtown San Angelo; AUTHORIZING THECONVEYANCE THEREOF TO ABUTTING PROPERTY OWNERS;PROVIDING FOR THE TERMS AND CONDITIONS OF ABANDONMENTAND CONVEYANCE; AND PROVIDING FOR THE MAYOR TO EXECUTEAND DELIVER A QUIT CLAIM DEED TO ABUTTING PROPERTYOWNERSRE: abandonment of public right-of-way around City Hall in downtown San AngeloWHEREAS, the City Council of the City of San Angelo, acting pursuant tolaw, deems it advisable to abandon and convey the herein described tractof land to the abutting property owner(s) and is of the opinion that said landis not needed for public use, and that same should be abandoned and quitclaimed to the abutting property owner(s) as hereinafter provided; andWHEREAS, the City Council of the City of San Angelo is of the opinion thatthe best interest and welfare of the public will be served by abandoning andconveying same to the abutting property owner(s), subject to the conditionsand restrictions contained herein; NOW, THEREFORE,BE IT ORDAINED BY THE CITY OF SAN ANGELO:1. That the following described tract in the City of San Angelo, TomGreen County, Texas be and the same is hereby abandoned, vacated andclosed insofar as the right, title and easement of the public are concerned;
  • 219. subject however, to the conditions and restrictions hereinafter more fullyset out:A 201’ x 20’ alley segment extending NE from Farr Street, approximately 106’NE from the intersection of Farr Street and West 1st Street; 199’ x 32’ strip ofproperty immediately adjacent to and south of West 2nd Street, beginning at theSE corner of the intersection of West 2nd & Farr Streets, and extending NE; A80’ x 218’ tract of property between the eastern and western segments of CityHall Plaza with West 1st Street and south of the intersection of North Irving andWest 1st Streets, and including a 236’ segment of West 1st Street and an 83’segment of City Hall Plaza; A 32’ x 215’ segment of City Hall Plaza, extendingnorth from its intersection with West College Avenue, immediately east of CityHall; A 29’ x 70’ segment of Irving Street extending north from its intersectionwith West 1st Street, immediately north of City Hall; A 36’ x 93’ segment ofWest 1st Street, extending west from its intersection with Gillis Street,immediately north of City Hall; A 101’ x 56’ tract of property between thewestern segment of City Hall Plaza and Gillis Street, more specificallydescribed as:BEGINNING at a point on the east line of right-of-way for Farr Street, 106 feetsoutheast from the intersection of the east line of right-of-way of Farr Streetand the north line of right-of-way of West 2nd street;THENCE in an eastward direction a distance of 201feet;THENCE in a northward direction a distance of 20 feet;THENCE in a westward direction a distance of 201 feet to the east line of right-of-way for Farr Street;THENCE in a southward direction a distance of 20 feet along the east line ofright-of-way for Farr Street to the POINT OF BEGINNING.AND, BEGINNING at a point at the intersection of the east line of right-of-wayfor Farr Street and the south line of right of way for West 2nd Street;THENCE in an eastward direction along the south line of right-of-way for West2nd Street a distance of 199 feet;THENCE in a northward direction 32 feet;THENCE in a westward direction a distance of 199 feet to the east line right-of-way for Farr Street;
  • 220. THENCE in a southward direction, 32 feet along the east line of right-of-wayfor Farr Street to the POINT OF BEGINNING.AND, BEGINNING at a point at the intersection of the west line of right-of-ofway for Gillis Street and the North Line of right-of-way for West 1st street;THENCE in a westward direction 220 feet along the north line of right-of-wayfor West 1st Street, to the eastern point at the intersection of West 1st Streetand the east line of right-of way for North Irving Street;THENCE in a northward direction along the east line of right-of-way for NorthIrving Street a distance of 50 feet;THENCE in a westward direction across the right-of-way of North Irving adistance of 29 feet;THENCE in a southward direction a distance of 56 feet along the west line ofright-of-way for North Irving Street to its intersection with the north line of right-of-way for West 1st Street.;THENCE in a westward direction along the north line of right-of way of NorthIrving Street a distance of 72 feet;THENCE in a southward direction across the right-of-way of West 1st Street adistance of 125 feet;THENCE in an eastward direction 215 feet along the south line of right-of-wayfor West 1st Street to its intersection with the west line of right-of-way for CityHall Plaza;THENCE in a southward direction along the west line of right-of-way of CityHall Plaza a distance of 215 feet to its intersection with the north line of right-of-way for West College Avenue;THENCE in an eastward direction 32 feet across the right-of-way for City HallPlaza;THENCE in a northward direction along the east line of right-of-way for CityHall Plaza a distance of 240 feet to its intersection with the south line of right-of-way for West 1st Street;THENCE in an eastward direction a distance of 100 feet to the intersection ofWest 1st Street and the west line of right-of-way for Gillis Street;
  • 221. THENCE in a northward direction 93 feet across right-of-way for GillisStreet to the POINT of BEGINNING.2. That the abandonment and conveyance provided for herein is madeand accepted subject to all present zoning and deed restrictions, if thelatter exist, and all existing easements, if any, whether apparent or non-apparent, aerial, surface, underground or otherwise.3. That the abandonment and conveyance provided for herein shallextend only to the public right, title, easement and interest and shall beconstrued to extend only to the interest which the governing body for theCity of San Angelo may legally and lawfully abandon and vacate.4. That the Mayor of the City of San Angelo is hereby authorized toexecute and deliver a quit claim deed conveying the above-described tractto the abutting property owner(s), which deed shall reserve an open andunobstructed easement for utilities.5. That the terms and conditions contained in this ordinance shall bebinding upon Grantee(s) and assigns.INTRODUCED on the 20th day of September, 2011 and finally PASSED,APPROVED AND ADOPTED on this the 4th day of October, 2011.THE CITY OF SAN ANGELOBy: ________________________________ Alvin New, MayorATTEST:By: ___________________________________ Alicia Ramirez, City Clerk
  • 222. City of San AngeloMemo Meeting Date: September 20, 2011 To: City Council members From: Kari LeBoeuf, Planner Subject: Sign Approval Request, a request for approval of an attached sign larger than the maximum 16 square feet as allowed in Section 12.604(b)(2)(C)(iv) of San Angelo’s Sign Ordinance, to permit an approximately 18 square foot attached sign on the following property: Location: 221 South Chadbourne Street, approximately 131 feet northwest of the intersection of South Chadbourne Street and Concho Avenue, specifically San Angelo Addition, Block 2, the north 42.1 feet of the south 60 feet of Lot 10, in central San Angelo. Purpose: To place an attached sign exceeding the maximum allowed square footage. Contacts: Stephen Stango, Owner 203-736-7141 Kari LeBoeuf, Planner 325-657-4210 AJ Fawver, Planning Manager 325-657-4210 Shawn Lewis, Community & Economic Development Director 325-657-4210 Summary: The City Council may: approve placement of this proposed attached sign, as presented; approve the placement of this proposed attached sign, with conditions deemed necessary to ensure the ability of neighboring businesses to be seen; or deny placement of this proposed attached sign altogether. Recommendation: City staff recommends approving the proposed attached sign.
  • 223. History and Background:General Information Existing Zoning: Central Business District (CBD) Existing Land Use: Vacant commercial property Surrounding Zoning/Land Use: North: CBD Chester Donner Jewelers West: CBD Parking Lot South: CBD The Glass Prism, Halloween Store East: CBD Vacant GTE Parking Thoroughfares/Streets: Concho Avenue is classified as a “parkway” street, which acts as a type of scenic street designed to funnel lighter traffic from “local” streets to the larger thoroughfares. Chadbourne Street is classified as an “arterial” street, designed to carry heavier traffic quickly between various destinations within the city. Zoning History: Prior to 2000, this lot was zoned C-3, which transitioned into CBD with the 2000 Zoning Ordinance. Applicable Regulations: Sign Ordinance Section 12.604(b)(2)(C)(iv) “Any projecting sign larger than sixteen (16) square feet must be approved by the city council after…to consider whether the proposed placement shall infringe upon neighboring business’ rights to be seen and to consider any other detrimental effect it may have…” Sign Ordinance Section 12.604(b)(2) “Attached on-site signs shall be allowed on any building, wall or canopy within any commercial or industrial zoning districts…” Sign Ordinance Section 12.604(b)(2)(A) “Total aggregate area of…signs attached to a structure shall not exceed twenty-five percent (25%) of the area of the wall on which the sign is attached…” Sign Ordinance Section 12.604(b)(2)(B) “Projection over the public right-of-way shall be permitted in the CBD zoning district, provided the leading edge of any sign shall maintain a distance of at least eighteen (18) inches from the curb line or street edge.”
  • 224. Sign Ordinance Section 12.604 (b)(2)(B) “Any sign which projects into the public right-of- way shall maintain a minimum height of nine (9) feet from the grade level to the bottom of the sign...”Special Information Year Building Constructed: 1969 Historically Overlaid? No River Corridor Area? No River Corridor Sign Area? No Downtown Development District? NoAnalysis:The staff recommendation is based upon the statements listed below.Section 12.604(b)(2)(C)(iv) of the Sign Ordinance requires that the City Council grantpermission for placement of any attached sign that is larger than 16 square feet. As thisproposed sign is approximately 18 square feet, the applicant has given a written requestfor permission to place the proposed attached sign. The ordinance does not treat thisas a sign variance but only a request for permission from Council.The total area of the face of the building is approximately 1,364 square feet. The 18square feet of the proposed sign equals 1.32% of the wall on which it is proposed to beattached. This is significantly less than the maximum 25% allowed in Section12.604(b)(2)(A) of the Sign Ordinance.The proposed attached sign will project over the public right-of-way approximately sixfeet. Thus, the leading edge of the proposed sign will be approximately eight feet backfrom the curb and street edge of South Chadbourne Street which is 6 ½ feet greaterthan the minimum 18 inches required in Section 12.604(b)(2)(B) of the Sign Ordinance.The bottom of the proposed sign attached to the wall will be approximately 20 feetabove the public right-of-way. This is much higher than the minimum 9 feet abovegrade that is required in Section 12.604(b)(2)(B) of the Sign Ordinance.The proposed attached sign is an authentic vintage sign and fits well with the style ofthe building. Though the building is not historically overlaid, it is within historicdowntown and as such contributes to the overall sense of place that the City of SanAngelo is striving for in its revitalization efforts.
  • 225. Attachments: excerpt from zoning map, showing the general location within the City of San Angelo; excerpt from zoning map, highlighting subject property; aerial photo, highlighting subject property;Presentation: Shawn Lewis, Community & Economic Development DirectorReviewed by: AJ Fawver, Planning Manager (09/12/11)
  • 226. City of San Angelo Finance DepartmentMemo Date: August 23, 2011 To: Mayor and Councilmembers From: Don Maynard, Budget Manager Subject: Agenda Item for September 6, 2011 Council Meeting Contact: Don Maynard, Budget Manager, 481-2757 Caption: Regular Item FIRST PUBLIC HEARING AND INTRODUCTION OF AN ORDINANCE LEVYING PROPERTY TAXES FOR THE CITY OF SAN ANGELO FOR THE 2011 TAX YEAR: AN ORDINANCE LEVYING TAXES AND PROVIDING FOR THE ASSESSMENT AND COLLECTION THEREOF AND PROVIDING FOR EXEMPTIONS, IN AND FOR THE CITY OF SAN ANGELO, TEXAS, FOR THE 2011-2012 BUDGET YEAR Summary: The proposed property tax rate will decrease from the prior year’s tax rate. The projected tax revenue will be less than the revenue received in the prior year by $163,572. Upon each one hundred dollar ($100) valuation of property subject to taxation in the City of San Angelo for the 2011-2012 fiscal year, the property tax will be applied as follows: (a) To pay annual interest and maturities and create a sinking fund to discharge outstanding bonded indebtedness of the City of San Angelo $0.08000 (b) For the purposes of maintenance and operations in the General Fund $0.70600 The total tax rate for the aforementioned purposes is: $0.78600 History: On August 2, 2011, City Council took a Record Vote to propose a tax levy of $0.7975/$100 valuation of property. Financial Impact: The tax rate as proposed above will generate the following revenues: Interest & Sink portion: $ 2,774,724 Maintenance & Operations portion: $24,486,941 Total: $27,261,665 Related Vision Item (if applicable): Financial Vision. Other Information/Recommendation: Staff recommends introduction of the ordinance. Attachments: Tax Levy Ordinance l Page 1
  • 227. Presentation: NoPublication: August 2, 2011 – Notice of Effective Tax RateReviewed by Service Area Director: Michael Dane, Financel Page 2
  • 228. 2011 Property Tax Rates in CITY OF SAN ANGELOThis notice concerns the 2011 property tax rates for CITY OF SAN ANGELO. It presentsinformation about three tax rates. Last years tax rate is the actual tax rate the taxing unit usedto determine property taxes last year. This years effective tax rate would impose the same totaltaxes as last year if you compare properties taxed in both years. This years rollback tax rate isthe highest tax rate the taxing unit can set before taxpayers start rollback procedures. In eachcase these rates are found by dividing the total amount of taxes by the tax base (the total valueof taxable property) with adjustments as required by state law. The rates are given per $100 ofproperty value.Last years tax rate: Last years operating taxes $25,442,428 Last years debt taxes $2,759,857 Last years total taxes $28,202,285 Last years tax base $3,449,820,795 Last years total tax rate $0.81750/$100This years effective tax rate: Last years adjusted taxes $27,825,787 (after subtracting taxes on lost property) ÷ This years adjusted tax base $2,765,360,753 (after subtracting value of new property) =This years effective tax rate $1.00622/$100This years rollback tax rate: Last years adjusted operating taxes (after subtracting taxes on lost property and adjusting for any $25,076,300transferred function, tax increment financing, state criminal justicemandate, and/or enhanced indigent healthcare expenditures) ÷ This years adjusted tax base $2,765,360,753 =This years effective operating rate $0.90680/$100 x 1.08=this years maximum operating rate $0.97934/$100 + This years debt rate $0.07808/$100 = This years total rollback rate $1.05742/$100 Statement of Increase/DecreaseIf CITY OF SAN ANGELO adopts a 2011 tax rate equal to the effective tax rate of $1.00622per $100 of value, taxes would increase compared to 2010 taxes by $4,659,143. Schedule A - Unencumbered Fund BalanceThe following estimated balances will be left in the units property tax accounts at the end ofthe fiscal year. These balances are not encumbered by a corresponding debt obligation.Type of Property Tax Fund BalanceMaintenance & Operating 4,566,864Interest & Sinking 146,740 Schedule B - 2011 Debt ServiceThe unit plans to pay the following amounts for long-term debts that are secured by propertytaxes. These amounts will be paid from property tax revenues (or additional sales tax revenues,if applicable). Principal or Contract Interest to be Other AmountsDescription of Debt Payment to be Paid Paid from Total Payment to be Paid from Property Taxes Property Taxes2005 Tax/Rev C.O. 1,055,000 502,568 0 1,557,568(19,750,000) Sales Tax2006 Tax/Rev C.O. 275,000 66,256 0 341,256(2,500,000) Landfill2007 Tax/Rev C.O. 1,325,000 99,063 0 1,424,063(6,970,000)2008 Tax/Rev C.O. 100,000 448,325 0 548,325(10,145,000) Sales Tax2009 Tax/Rev C.O. 55,000 632,801 0 687,801(14,600,000)2009 Tax/Rev G.O. 825,000 82,338 0 907,338Refunding (4,605,000)2011A Tax/Rec C.O. 155,000 590,675 0 745,675(13,780,000) Total required for 2011 debt service $6,212,026
  • 229. - Amount (if any) paid from Schedule A $0- Amount (if any) paid from other resources $3,691,860- Excess collections last year $20,934= Total to be paid from taxes in 2011 $2,499,232+ Amount added in anticipation that the unit will $51,005collect only 98.00% of its taxes in 2011= Total debt levy $2,550,237This notice contains a summary of actual effective and rollback tax rates calculations. You caninspect a copy of the full calculations at 2302 Pulliam St, San Angelo, TX 76905. Name of person preparing this notice: Bill Benson Title: Chief Appraiser Date Prepared: 07/27/2011
  • 230. AN ORDINANCE FIXING AND LEVYING AD VALOREM TAXES FOR THE USE AND SUPPORT OF THE MUNICIPAL GOVERNMENT OF THE CITY OF SAN ANGELO, TEXAS, FOR THE 2011-2012 BUDGET YEAR; PROVIDING FOR THE ASSESSMENT AND COLLECTION THEREOF; PROVIDING WHEN THE TAX SHALL BECOME DUE; PROVIDING WHEN THE TAX SHALL BECOME DELINQUENT; PROVIDING FOR EXEMPTIONS; PROVIDING FOR SEVERABILITY; PROVIDING FOR PUBLICATION ON THE CITY OPERATED WEB SITE; AND, PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the City Charter for the City of San Angelo provides that the City Council atits first meeting in September of each year, or as soon thereafter as practicable, shall levy theannual tax for such year; and, WHEREAS, Section 26.05 of the Texas Tax Code requires that the City of San Angelo,Texas, adopt a tax rate for the next fiscal year by September 30, 2011; and, WHEREAS, the City Council finds that all public notices have been given and publishedas required by law for fixing and levying the ad valorem taxes; and, WHEREAS, the City Council further finds that the taxes for the fiscal year beginningOctober 1, 2011, and ending September 30, 2012, hereinafter levied therefore are necessary topay interest and maturities and create a sinking fund to discharge outstanding bondedindebtedness of the City; and, WHEREAS, the City Council further finds that the tax for the fiscal year beginningOctober 1, 2011, and ending September 30, 2012, hereinafter levied for purposes of maintenanceand operations must be levied to provide for the revenue requirements of the budget for theensuing fiscal year: NOW THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OFSAN ANGELO, TEXAS THAT:Section One: The following taxes be and are hereby levied for the fiscal year 2011-2012, uponeach One Hundred Dollar ($100) valuation of property subject to taxation in the City of SanAngelo for said year: To pay annual interest and maturities and create a sinking fund to discharge outstanding bonded indebtedness of the City of San Angelo $0.08000 For the purposes of maintenance and operations in the General Fund $0.70600 The total tax rate for the aforementioned purposes is: $0.78600 THIS TAX RATE WILL RAISE LESS TAXES FOR MAINTENANCE AND OPERATIONS THAN LAST YEAR’S TAX RATE
  • 231. Section Two: The taxes levied herein shall be assessed and proper record made thereof, asrequired by law by the officers performing the duties of assessor and collector of taxes for theCity of San Angelo and their successors in office and said officers shall collect such taxes andremit the same required by law and this ordinance.Section Three: All taxes levied and due under this ordinance, plus penalties and interest thereon,shall become a lien upon the property against which the tax is assessed, as provided by CityCharter and State law, and the officers performing the duties of assessor and collector of taxesfor the City of San Angelo and their successors in office, or their designee, are hereby authorizedand empowered to enforce the collection of such taxes, penalties and interest according to theConstitution and laws of the State of Texas and the Charter and Ordinances of the City of SanAngelo. Penalties and interest collected shall be paid to and credited to the General Fund of theCity of San Angelo.Section Four: Taxes levied under this ordinance shall be due on October 1, 2011, and if not paidas provided by law, shall immediately become delinquent on February 1, 2012.Section Five: The City hereby affirms the adoption of the following exemptions from taxation ofreal property: An individual may claim an exemption from taxation equal to twenty percent (20%) of the appraised value of his/her residence homestead, but not less than five thousand dollars ($5,000) or the value of the homestead if said value is less than $5,000.Section Six: Should any part, portion, or section of this ordinance be declared invalid,inoperative, or void for any reason by a court of competent jurisdiction, such decision, opinion orjudgment shall in no way affect the remaining parts, portions or sections of this ordinance, whichprovisions shall be, remain and continue in full force and effect.Section Seven: The City Manager or his designee shall cause a copy of this Ordinance, in itsentirety, as passed, to be published on the web site operated by the City of San AngeloSection Eight: This ordinance shall become effective on the date Approved and Adopted. INTRODUCED on the 6th day of September, 2011, and APPROVED and ADOPTED onthis the 20th day of September, 2011. YES NO CITY OF SAN ANGELO, TEXAS Alvin New, Mayor Paul Alexander, SMD #1
  • 232. Dwain Morrison, SMD #2 Johnny Silvas, SMD #3 Fredd B. Adams II, SMD #4 Kendall Hirschfeld, SMD #5 Charlotte Farmer, SMD #6ATTEST:Alicia Ramirez, City ClerkApproved as to Content Approved as to FormMichael T. Dane, Finance Director Lysia H. Bowling, City Attorney
  • 233. City of San AngeloMemo Date: September 16, 2011 To: Mayor and Councilmembers From: Brian Dunn, Fire Department Subject: Agenda Item for September 20, 2011 Council Meeting Contact: Brian Dunn, Fire Department, (325) 657-4355 Caption: Regular Item Consideration of First Public hearing to Introduce an Ordinance Amending Fire Department Staffing Positions Summary: During the budget presentation we presented a restructuring of some positions. The proposal was to eliminate 2 firefighter positions and the assignment pay for 1 LT. and a Driver. The eliminations will be through attrition by retirement. We expect about 10 retirements this coming year. The assignment pay is eliminated because they return to shift duty. We will add 2 civilian positions one of them will be an Administrative Asst., Grade 11. Th classified positions are doing a lot of data entry and clerical work instead of performing technical or job related training. This position will relieve the clerical load off of the highe paid classified positions and allow them to do the training they need to do. The second civilian person will be a supply maintenance person, Grade 13. This will allo the higher cost classified position to return to fire suppression. The civilian won’t have to continually be doing EMS or Fire CE. Another component to the restructure is the upgrade of 2 drivers to LT. for EMS supervisors. This will help in the reduction of drivers. I have moved the EMS LT. from the training center to start performing some of these duties. We need 2 more so there will be one on each shift. We have been asking for these positions during budget for several years. The money hasn’t been available to pay for these positions. This restructure doesn’t require any new resources and should reduce some liability for the city as we will be doing more quality control that is required by the state. THIS RESTRUCTURE AND ELIMINATION OF POSITIONS WILL NOT EFFECT ANY CURRENT EMPLOYEES History: N/A Financial Impact: Restructure will save $23,568 in pay and benefits. Related Vision Item N/A (if applicable): Other Information/ Staff Recommends Approval Recommendation: Attachments: FD Personnel Budget Change Info.docx FD Lt letter.pdf FD Excerpt of 157 11.pdf Proposed Ordinance
  • 234. Presentation: NonePublication: NoneReviewed by Rick Weise, Assistant City ManagerDirector:Approved by Legal:
  • 235. SAN ANGELO FIRE DEPARTMENTRemove Firefighter II + Incentive 3,202Remove Firefighter II + Incentive 3,202Remove LT. from Assignment Pay 250Remove DR. from Assignment Pay 200 6,854 Savings per monthAdd One Administrative Asst. Grade 11 -1787 5,067 Savings per monthAdd One Supply/Maintenance Person Grade 13 -1,970 3,097 Savings per monthUpgrade 2 Driver to LT. for EMS Supervisors -1,514 1,583 Savings per monthThe saving will be $1964 per month if you include benefits. This will be $23,568 per year.
  • 236. AN ORDINANCE AMENDING CHAPTER 2 ENTITLED “ADMINISTRATION” OF THE CODE OF ORDINANCES OF THE CITY OF SAN ANGELO BY AMENDING ARTICLE 2.1500, ENTITLED “CLASSIFIED SERVICE,” SECTION 2.1502, ENTITLED “CLASSIFICATION PLAN,” PARAGRAPH (b), ENTITLED “STAFFING LEVELS,” SUBPARAGRAPH (1)(A), ENTITLED “FIRE DEPARTMENT,” TO CHANGE THE NUMBER OF AUTHORIZED POSITIONS FOR THE FIRE DEPARTMENT BY INCREASING THE NUMBER OF FIRE LIEUTENANT FROM EIGHTEEN (18) TO TWENTY (20), AND DECREASING THE NUMBER OF FIRE FIGHTER FROM NINETY-FIVE (95) TO NINETY-ONE (91), SAID CHANGE TO BE EFFECTIVE ON OCTOBER 4, 2011 AND; PROVIDING FOR SEVERABILITY, AND PROVIDING EFFECTIVE DATESBE IT ORDAINED BY THE CITY OF SAN ANGELO: 1) THAT, Chapter 2, Article 2.1500, Section 2.1502, Paragraph (b), Subparagraph(1)(A), of the Code of Ordinances of the City of San Angelo, Texas, is hereby amended toread as follows:Sec. 2.1502 Classification Plan(b) Staffing Levels – The following is the authorized number of positions for the Fire andPolice Departments: (1) (A) Fire Department -Fire Chief 1 -Assistant Chief 2 -Battalion Chief 4 -Fire Captain 12, effective 04-01-06 -Fire Lieutenant 20, effective 10-04-11 -Fire Engineer (or Driver) 33, effective 05-03-11 -Fire Fighter 91, effective 10-04-11 2) THAT, the following severability clause is adopted with this amendment: SEVERABILITY: That the terms and provisions of this Ordinance shall be deemed to be severable in that if any portion of this Ordinance shall be declared to be invalid, the same shall not affect the validity of the other provisions of this Ordinance.
  • 237. 3) THAT, this Ordinance shall be effective on, from and after the dates specifiedin Subparagraph (1) through attrition. INTRODUCED on the ___ day of _______________, 2011, and finally PASSED,APPROVED and ADOPTED on this the ____ day of _______________, 2011. CITY OF SAN ANGELOATTEST: BY: Alvin New, MayorAlicia Ramirez, City ClerkAPPROVED AS TO CONTENT: APPROVED AS TO FORM:Brian Dunn, Fire Chief Lysia H. Bowling, City Attorney
  • 238. City of San AngeloMemo Date: September 16, 2011 To: Mayor and Councilmembers From: Clinton Bailey, City Engineer Subject: Agenda Item for September 20, 2011 Council Meeting Contact: Clinton Bailey, 657-4203 Caption: Regular Item Discussion of stormwater quality data collected during August 13, 2011 storm event Summary: This item was requested by Harold Dominguez. History: As part of its stormwater management program, the City has contracted with the Upper Colorado River Authority (UCRA) to install ten stormwater quality monitoring stations at key points throughout major drainage ways in the City. These stations automatically collect stormwater samples during rainfall events. The UCRA has laboratory analyses performed on collected samples to determine what types and to what extent contaminants exist in different areas of the City’s drainage ways. This data is being logged for entry into the City’s stormwater quality model for determination of the types and locations of stormwater quality improvements projects to be installed in specific locations within the City’s drainage ways to address specific stormwater quality issues. To date data has been collected and analyzed for approximately 5 rainfall events ranging from very small events of less than one inch of total rainfall to significant events such as the one on August 13. Financial Impact: n/a Related Vision Item n/a (if applicable): Other Information/ n/a Recommendation: Attachments: None Presentation: By UCRA and City Staff Publication: n/a Reviewed by Shawn Lewis, September 8, 2011 Director: Approved by Legal: n/a
  • 239. City of San AngeloMemo Date: August 22, 2011 To: Mayor and Councilmembers From: Will Wilde, Water Utilities Director Subject: Agenda Item for August 30, 2011 and September 6, 2011 Council Meeting Contact: Will Wilde, Water Utilities Director, 657-4209 Caption: Consideration of an Ordinance amending the Water Conservation/Drought Contingency Plan and any action in connection thereto. Summary: The proposed ordinance will modify the existing Water Conservation/Drought Contingency Plan by reducing the waste of water runoff provision from 150 feet to 75 feet; establishing designated watering days based on the property address; lowering the allowable usage amount at which rate surcharges are applied; and by increasing surcharge rates. History: The Water Conservation/Drought Contingency Plan establishes practices that encourage conservation and provides a procedure for management of City water supplies during a drought. Financial Impact: Fees collected from surcharges go into the Water Operating Fund. Related Vision Item (if applicable): Long Term Water Supply Other Information/Recommendation: The proposed changes incorporate the items discussed at previous Council meetings. It is recommended the ordinance be amended. Attachments: Proposed Ordinance and Revised Ordinance based on 8/30/11 City Council meeting Presentation: None Publication: None Reviewed by Service Area Director: Will Wilde, Water Utilities Director, August 22, 2011.
  • 240. AN ORDINANCE AMENDING CHAPTER 11, ARTICLE 11.200 OF THE CODE OF ORDINANCES, CITY OF SAN ANGELO, TEXAS, ENTITLED “WATER CONSERVATION AND DROUGHT CONTINGENCY PLAN”, BY REPEALING ARTICLE 11.200 IN ITS ENTIRETLY, AND ADOPTING A NEW ARTICLE 11.200, PROVIDING FOR A DROUGHT CONTINGENCY PLAN AND FOR A PENALTY; PROVIDING FOR SEVERABLILITY, AND PROVIDING FOR AN EFFECTIVE DATEBE IT ORDANED BY THE CITY OF SAN ANGELO:Section 1. That Chapter 11, Article 11.200 of the Code of Ordinances of the City of SanAngelo, Texas, entitled “Water Conservation and Drought Contingency Plan” is hereby repealedand that a new Article 11.200 entitled “Water Conservation and Drought Contingency Plan” ishereby adopted to read as follows:ARTICLE 11.200 WATER CONSERVATION AND DROUGHT CONTINGENCY PLANSec. 11.201 PurposeThe purpose of the water conservation and drought contingency plan is to encourage waterconservation at all times and to establish a procedure for identifying, classifying and handling awater supply and/or a water demand emergency effectively and efficiently.Sec. 11.202 Water Conservation MeasuresThe city will utilize the following strategies to encourage, promote and require citizens toconserve water at all times. (1) Conservation Plan. The “City of San Angelo Water Conservation Plan,” dated March 2, 2009, which is on file in the office of the city clerk, and available for public inspection, is adopted and incorporated herein. (A) Implementation. The director of water utilities will act as the administrator of the water conservation plan. The administrator will oversee the execution and implementation of all elements of the program and will be responsible for supervising the promulgation and retention of records for program verification. (2) Plumbing Code. The city plumbing code has provision for water conserving plumbing devices. The city will enforce the requirements of the code to ensure the use of water saving devices. (3) Universal Metering. All users of municipal treated water, except for fire sprinkler lines, will be metered. (4) Water Supply Meters. The city metering devices will record water use with an accuracy of plus or minus 5.0% in order to measure and account for the amount of raw water diverted from the source of supply. Page 1 of 12
  • 241. (5) Restaurants. Restaurants shall not serve water to their customers except whenspecifically requested by the customer.(6) Waste of Water. As defined below shall be prohibited. (A) Allowing treated city water, raw city water, grey water, reclaimed water or well water to run off property to a gutter, street, alley, ditch 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 treated or raw city water for wateringlawns, gardens, landscape areas, trees, golf courses, shrubs or other plants beinggrown outdoors (not in a nursery) shall be prohibited between the hours of 12:00noon and 6:00 p.m. daily from April 1 through October 31.(8) Allowable Watering Frequency. The use of treated or raw city water forwatering lawns, landscape areas, trees, gardens, golf courses (except greens), shrubsor other plants being grown outdoors (not in a nursery) shall be allowed at afrequency of twice every seven days for each area being watered during the period ofApril 1 through October 31 and once every seven days for each area being wateredduring the period of November 1 through March 31. Golf course greens may bewatered once per day year round.(9) New Landscape. Watering of newly seeded or sodded lawns or newly plantedtrees, shrubs or landscape plants will be allowed at the following frequency providednotification is given to the city code compliance division or water conservationdivision of the watering schedule: (add written notification/ Councilmember Farmer) (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 waterapplied to established lawns, landscape plants, golf courses (except greens) or shrubsshould not exceed 1 inch per week.(11) Drip Irrigation. Landscape watering with a drip irrigation system shall bepermitted on any day and at any time of day provided that the total amount of waterapplied shall not exceed 1 inch per week. For the purpose of this article, dripirrigation shall mean a water saving irrigation system that uses buried drip pipe ortape. Page 2 of 12
  • 242. (12) Excessive Usage Fee. A fee shall be charged for water usage in the amountsset forth below. This fee shall be in addition to the standard fee charged for waterusage. (A) For single-family residential accounts, an additional fee of $2.50 per 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 landscape water meters, an additional fee of $2.50 per 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 all other landscape meters, except those at schools, colleges, parks, cemeteries, golf courses or athletic facilities, an additional fee of $2.50 per 1,000 gallons shall be charged for all usage between 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 with Other Political Subdivisions, Water Supply Corporations orWater Suppliers. Any political subdivision, water supply corporation, or watersupplier that contracts with the city for the purchase of water shall adopt applicableprovisions of the city’s water conservation and drought contingency plan. Contractsfor the sale of water that are already in effect will be revised to reflect the applicableprovisions of the city’s most current water conservation and drought contingency planwhen the contracts are renewed or extended. To the extent of the city’s legalauthority, the city shall require the city’s wholesale customers to issue a public noticeadvising their water customers of required drought management measures declared inthe city as follows in Section 11.203. (A) In the event that the triggering criteria specified in Section 11.203(e) of the Plan for Water Supply Stage – Drought Level III – have been met, the city manager is hereby authorized to initiate allocation of water supplies on a pro rata basis in accordance with Texas Water Code Section 11.039 and according to the following water allocation policies and procedures. (B) A wholesale customer’s monthly allocation shall be a percentage of the customer’s water usage baseline. The percentage will be set by resolution of the San Angelo City Council based on the administrator’s assessment of the severity of the water shortage condition and the need to curtail water diversions and/or deliveries and may be adjusted periodically by resolution of the city council as conditions warrant. Once pro rata allocation is in effect, water diversions by or deliveries to each wholesale customer shall be limited to the allocation established for each month. (C) Upon initiation of pro rata water allocation, water utility director shall provide notice, by certified mail, to each wholesale customer informing them of Page 3 of 12
  • 243. 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 thecity’s water distribution system reaches a level that exceeds the amount which may betreated or safely delivered through the system, the water utilities director shall notifythe city manager and the city council of such an occurrence. The city council shall beauthorized to limit the use of water by passage of a resolution outlining suchlimitations which shall remain in effect until the water demand emergency can bemet. Upon initiation of a water demand emergency, the water utility director shallprovide notice, by certified mail, to the executive director of the Texas Commissionon Environmental Quality and shall notify the news media.(15) Water Supply Emergency. In the event of a water system failure or emergency(i.e. pressure zone deficiencies, chemical spills, broken water mains, power outages,failures of storage tanks or other equipment, treatment plant breakdown and/or watercontamination) which limits the amount of water which may be treated or safelydelivered through the system, the water utilities director shall notify the city managerand city council of such occurrence. The city council shall be authorized to limit theuse of water by passage of a resolution outlining such limitations which shall remainin effect until the water supply emergency can be met. Upon initiation of a watersupply emergency, the water utility director shall provide notice, by certified mail, tothe executive director of the Texas Commission on Environmental Quality and shallnotify the news media.(16) Public Information. The water utilities director will provide regular publiceducation and information about the importance of year-round water efficiency asdelineated in the plan, and will provide general information about water supplyconditions and drought plan provisions on at least an annual basis. The purpose ofthis effort shall be to keep the citizenry informed about the drought and conservationplans and their importance to the city’s water supply.(17) Watering Days. The days upon which watering is allowed shall be asdetermined by the property address as set forth in this section for each frequency ofwatering. Watering on an allowable day may be done during the hours of 12:00midnight to 12:00 noon, and 6:00 p.m. to 12.00 midnight during the period of April 1to 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 daysshall be: Last Digit of Address Watering Days 0 or 1 Monday, Thursday, Saturday 2 or 3 Tuesday, Friday Sunday 4 or 5 Monday, Thursday Saturday Page 4 of 12
  • 244. 6 or 7 Tuesday, Friday, Sunday 8 or 9 Monday, Thursday, Saturday(B) Watering Frequency-Once every seven days. The designated watering day shallbe: Last Digit of Address Watering Day 0 or 1 Monday, Thursday 2 or 3 Tuesday, Friday 4 or 5 Monday, Thursday 6 or 7 Tuesday, Friday 8 or 9 Monday, Thursday(C) Watering Frequency-Once every fourteen days. The designated watering dayshall be: (1) Week One Last Digit of Address Watering Day 0 or 1 Monday 2 or 3 Tuesday 4 or 5 Monday 6 or 7 Friday 8 or 9 Thursday (2) Week Two. No watering allowed.(18) Residential Vehicle Watering. Washing of vehicles or other equipment isallowed only on a designated watering day. A hose with an automatic shut-off nozzleor bucket of five gallons or less may be used. Water should not be allowed to run offof the property more than 75 feet.(19) Charity Car Washes. Charity car washes are allowed on any day. A hose withan automatic shutoff nozzle or bucket of five gallons or less may be used. Watershould not be allowed to run off the property more than 75 feet. Page 5 of 12
  • 245. 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 tomeet its needs. Local surface water sources include Lake Nasworthy, Twin Buttes Reservoir,O.C. Fisher Reservoir and the South Concho River. Nonlocal surface water supplies are availableto the city from O.H. Ivie Reservoir and Spence Reservoir. The city also has the Hickorygroundwater source in the McCulloch county area.When local reservoirs are full, the city’s primary water supply will be from these reservoirsalong with nonlocal or groundwater sources as needed. When local reservoirs are below full butabove drought trigger points, the local sources may be utilized along with water brought in fromnonlocal sources or groundwater sources. During drought conditions, the primary source ofsupply will be nonlocal sources, subject to the maximum amount available from each source,with the remaining amount of water coming from the local sources or groundwater.(b) Drought Trigger Point. Whenever the total amount of water available to the city fallsbelow the minimum criteria established for each water supply stage level, the city shall bedeemed to have entered a drought stage for management of its water supplies.The water utilities director shall notify the city manager and city council upon entering thethreshold of a drought stage. The council shall implement each stage by resolution. Suchresolution shall be published one time in the local newspaper. The criteria for each stage and thewater 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 withinformation regarding current water supply conditions, projected water supply and demandconditions if the current drought conditions continue, and consumer information on waterconservation measures and practices. Information describing each water supply stage triggerpoint and drought level restrictions on water use shall be prepared and published on the city’swebsite.(d) Water Supply Stage – Drought Level I. (1) The minimum criteria for this drought stage shall be the following. The total amount of water available, as determined by the water utilities director, to the city from its developed water sources is less than a 24-month supply. (2) In addition to the conservation measures stated in Section 11.202 of this article, the following additional water conservation measures shall be in force during Water Supply Stage – Drought Level I. (A) The use of treated or raw city water for watering lawns, gardens, landscape areas, trees, shrubs, golf courses (except greens, tees and athletic fields) or other plants being grown outdoors (not in a nursery) shall be prohibited at all times provided however a person may do such watering which shall be once every seven days for each area being watered during the period of April 1 through October 31 and once every 14 days for each area being watered Page 6 of 12
  • 246. during the period of November 1 through March 31 except during the “prohibited watering hours” as stated in Section 11.202. (B) Golf courses greens may be watered daily. (C) Tees and athletic fields, except those used only for practice, 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 winter grass or that have been replanted, resodded or newly constructed shall be allowed 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). (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 single-family residential accounts, an additional fee of $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 gallons shall be charged for all usage between 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 all landscape meters, except those at schools, colleges, parks, cemeteries, golf courses or athletic facilities, an additional fee 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.(e) Water Supply Stage – Drought Level II. (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 an 18-month supply. Page 7 of 12
  • 247. (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 WaterSupply Stage – Drought Level II. (A) The use of treated or raw city water for watering lawns, gardens, landscape areas, trees, shrubs, golf courses (except greens, tees and athletic fields) or other plants being grown outdoors (not in a nursery) shall be prohibited at all times provided however a person may do such watering which shall be once every fourteen 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 the period of November 1 through March 31 except during the “prohibited watering hours” as stated in Section 11.202. (B) Golf course greens may be watered daily. (C) Tees and athletic fields, except those used only for practice, may be watered once every seven days except during the “prohibited watering hours” as stated in Section 11.202. (D) Hand watering, with a hose that has an automatic shut off nozzle 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 that have been over-seeded with winter grass may be watered in accordance with the provisions as stated in Section 11.202 for “new landscape”. (F) The days upon which watering may be done shall be as specified in Section 11.202(17).(3) A fee shall be charged for water usage in the amounts as set forth below. This fee shall be in addition to the standard fee charged for water usage and in lieuof the water usage fee set out in Section 11.203(d) (3) the “excessive usage fee” asdefined in Section 11.202. (A) For single-family residential accounts, an additional fee of $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 gallons shall be charged for all usage between 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 all landscape meters, an additional fee of $5.00 per 1,000 gallons shall be charged for all usage between 80,000 and 100,000 gallons during a Page 8 of 12
  • 248. 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. (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 12-month supply. (2) In addition to the water conservation measures stated in Section 11.202 of this article, the following water conservation measures shall be in force during Water Supply Stage - Drought Level III. (A) The use of treated or raw city water for watering of lawns, gardens, landscape areas, trees, golf courses (including greens 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 the water usage fee set out in Sections 11.203(d)(3) and 11.203(e)(3) and the “excessive usage fee” as defined in Section 11.202. (A) For single-family residential accounts, an additional fee of $6.00 per 1,000 gallons shall be charged for all usage over 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 other water users, an additional fee of $3.50 per 1,000 gallons shall be charged for all usage.Sec. 11.204 Exception and Variance(a) Exceptions. There shall be an exception to the prohibitions of this article regardingwatering restrictions, as follows: (1) Use of water for installing, testing and repairing sprinkler systems. Page 9 of 12
  • 249. (2) Watering days for public parks, athletic facilities, schools, colleges and cemeteries shall be as approved by the City Council.(b) Variance. (1) A person desiring an exemption from any provision of this article shall file a petition for variance with the city manager. All petitions for variances shall be reviewed and acted upon by the city council. The petition shall include at a minimum the following information: (A) Name and address of the petitioner(s). (B) Purpose and estimated amount of water use. (C) Specific provision(s) of the article from which the petitioner is requesting an exemption. (D) Detailed statement as to how the specific provision of the article adversely affects the petitioner or what damage or harm will occur to the petitioner or others if petitioner complies with this article. (E) Description of the relief requested. (F) Period of time for which the variance is sought. (G) Alternative water use restrictions or other measures the petitioner is taking or proposes to take to meet the intent of this article and the effective date of such other measures. (H) Other pertinent information. (I) Statement that petitioner has not within the last six months intentionally violated the current ordinance for which a variance is sought or, if such violations have occurred, a statement setting out all reasons why such ordinance was violated. (2) The city council may grant a variance from the requirements of this article after determining that because of special circumstances applicable to the applicant, compliance with this article: (A) Cannot be technically accomplished during the expected duration of the water supply shortage or other condition for which the article is in effect; or (B) Will cause undue hardship on a program or service offered by a public entity; or (C) Substantially threatens the applicant’s primary source of income. Page 10 of 12
  • 250. (3) Additionally, the city council may grant a variance from the requirements of this article if it determines that the applicant can implement alternative water use restrictions which meet or exceed the intent of this article. The city council shall approve specific alternative water use restrictions. (4) Any variance granted by the city council may be revoked after a determination by the city council that revocation is necessary for the public health and safety or upon a finding that the holder of a variance allowing alternative water use restrictions has not complied with such alternative restrictions.Sec. 11.205 Implementation and 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 implementation of all elements of the program. He will be responsible for supervising the promulgation and retention of adequate records for program verification. (2) The water conservation plan will be maintained for the duration of the city’s financial obligation to the state under the State Revolving Loan Fund program.(b) Contracts With Other Political Subdivisions, Water Supply Corporations or WaterSuppliers: Any political subdivision, water supply corporation, or water supplier that contractswith the city for the purchase of water shall adopt applicable provisions of the city’s waterconservation and drought contingency plan. Contracts for the sale of water that are already ineffect will be revised to reflect the applicable provisions of the city’s most current waterconservation and drought contingency plan when the contracts are renewed.(c) Enforcement: The water conservation and drought contingency plan will be enforced in thefollowing manner: (1) Water service taps will not be provided to customers not meeting the plan requirements. (2) The inclining block water rate structure should encourage retrofitting of old plumbing fixtures which use large quantities of water. (3) Customers who do not pay their water bills will have service discontinued (4) The building inspection department will not certify new construction which fails to meet the plan requirements. (5) Persons violating the prohibitions of this article will be subject to prosecution in municipal court. Page 11 of 12
  • 251. Sec. 11.206 PenaltyIt shall be unlawful to violate any of the prohibitions contained in this article. Any personviolating such prohibitions shall be guilty of a misdemeanor and upon conviction shall be finedin accordance with the general penalty provision found in Section 1.106 of this code.Section 2. That the terms and provisions of this Ordinance shall be deemed to be severablein that if any portion of this Ordinance shall be declared to be invalid, the same shall not affectthe validity of the other provisions of this Ordinance.Section 3. This Ordinance shall be effective on the 1st day of October, 2011, afterpublication as required by law.INTRODUCED on the ______ day of _______________, 2011, and finally PASSED,APPROVED and ADOPTED on this the _____ day of _______________2011. CITY OF SAN ANGELO, TEXAS Alvin New, MayorATTEST:Alicia Ramirez, City ClerkAPPROVED AS TO CONTENT APPROVED AS TO FORMWill Wilde, Director of Water Utilities Lysia H. Bowling, City Attorney Page 12 of 12
  • 252. AN ORDINANCE AMENDING CHAPTER 11, ARTICLE 11.200 OF THE CODE OF ORDINANCES, CITY OF SAN ANGELO, TEXAS, ENTITLED “WATER CONSERVATION AND DROUGHT CONTINGENCY PLAN”, BY REPEALING ARTICLE 11.200 IN ITS ENTIRETLY, AND ADOPTING A NEW ARTICLE 11.200, PROVIDING FOR A DROUGHT CONTINGENCY PLAN AND FOR A PENALTY; PROVIDING FOR SEVERABLILITY, AND PROVIDING FOR AN EFFECTIVE DATEBE IT ORDAINED BY THE CITY OF SAN ANGELO:Section 1. That Chapter 11, Article 11.200 of the Code of Ordinances of the City of SanAngelo, Texas, entitled “Water Conservation and Drought Contingency Plan” is hereby repealedand that a new Article 11.200 entitled “Water Conservation and Drought Contingency Plan” ishereby adopted to read as follows:ARTICLE 11.200 WATER CONSERVATION AND DROUGHT CONTINGENCY PLANSec. 11.201 PurposeThe purpose of the water conservation and drought contingency plan is to encourage waterconservation at all times and to establish a procedure for identifying, classifying and handling awater supply and/or a water demand emergency effectively and efficiently.Sec. 11.202 Water Conservation MeasuresThe City will utilize the following strategies to encourage, promote and require citizens toconserve 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, isadopted and incorporated herein. (A) Implementation. The Director of Water Utilities will act as the administrator of the water conservation plan. The administrator will oversee the execution and implementation of all elements of the program and will be responsible for supervising the promulgation and retention of records for program verification.(2) Plumbing Code. The City plumbing code has provision for water conserving plumbingdevices. The City will enforce the requirements of the code to ensure the use of water savingdevices.(3) Universal Metering. All users of municipal treated water, except for fire sprinkler lines,will be metered. Page 1 of 14
  • 253. (4) Water Supply Meters. The city metering devices will record water use with an accuracy ofplus or minus 5.0% in order to measure and account for the amount of raw water diverted fromthe source of supply.(5) Restaurants. Restaurants shall not serve water to their customers except when specificallyrequested by the customer.(6) Waste of Water. As defined below shall be prohibited. (A) Allowing treated city water, raw city water, grey water, reclaimed water or well water to run off property to a gutter, street, alley, ditch or drainage facility and drain for more than 100 feet downgrade of the point of entry into such gutter, street, alley, ditch or drainage facility. (B) Failure to repair a controllable leak.(7) Prohibited Watering Hours. The use of treated or raw city water for watering laws,gardens, landscape areas, trees, golf courses, shrubs or other plants being grown outdoors (not ina nursery) shall be prohibited between the hours of 12:00 noon and 6:00 p.m. daily from April 1through October 31.(8) Allowable Watering Frequency. The use of treated or raw city water for watering lawns,landscape areas, trees, gardens, golf courses (except greens), shrubs or other plants being grownoutdoors (not in a nursery) shall be allowed at a frequency of twice every seven days during theperiod of April 1 through October 31 and once every seven days during the period of November1 through March 31. Golf course greens may be watered once per day year round.(9) New Landscape. Watering of newly seeded or sodded lawns or newly planted trees, shrubsor landscape plants will be allowed at the following frequency provided written notification isgiven to the City Code Compliance Division or Water Conservation Division of the wateringschedule. (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 appliedto established lawns, landscape plants, golf courses (except greens) or shrubs shall not exceed 1inch per week.(11) Drip Irrigation. Landscape watering with a drip irrigation system shall be permitted onany day and at any time of day provided that the total amount of water applied shall not exceed 1 Page 2 of 14
  • 254. inch per week. For the purpose of this article, drip irrigation shall mean a water saving irrigationsystem that uses buried drip pipe or tape.(12) Excessive Usage Fee. A fee shall be charged for water usage in the amounts set forthbelow. This fee shall be in addition to the standard fee charged for water usage. (A) For single-family residential accounts, an additional fee of $1.50 per 1,000 gallons shall be charged for all usage between 30,000 and 39,000 gallons during a billing period; an additional fee of $2.50 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 $5.00 per 1,000 gallons shall be charged for all usage over 50,000 gallons during a billing period. (B) For residential landscape water meters, an additional fee of $1.50 per 1,000 gallons shall be charged for all usage between 20,000 and 29,000 gallons during a billing period; an additional fee of $2.50 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 $5.00 per 1,000 gallons shall be charged for all usage over 40,000 gallons during a billing period. (C) For all other landscape meters, except those at schools, colleges, parks, cemeteries, golf courses or athletic facilities, an additional fee of $1.50 per 1,000 gallons shall be charged for all usage between 90,000 and 109,000 gallons during a billing period; an additional fee of $2.50 per 1,000 gallons shall be charged for all usage between 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 with Other Political Subdivisions, Water Supply Corporations or WaterSuppliers. Any political subdivision, water supply corporation, or water supplier that contractswith the City for the purchase of water shall adopt applicable provisions of the City’s waterconservation and drought contingency plan. Contracts for the sale of water that are already ineffect will be revised to reflect the applicable provisions of the City’s most current waterconservation and drought contingency plan when the contracts are renewed or extended. To theextent of the City’s legal authority, the city shall require the city’s wholesale customers to issue apublic notice advising their water customers of required drought management measures declaredin the city as follows in Section 11.203. (A) In the event that the triggering criteria specified in Section 11.203(g) of the Plan for Water Supply Stage – Drought Level IV – have been met, the City Manager is hereby authorized to initiate allocation of water supplies on a pro rata basis in accordance with Texas Water Code Section 11.039 and according to the following water allocation policies and procedures. (B) A wholesale customer’s monthly allocation shall be a percentage of the customer’s water usage baseline. The percentage will be set by resolution of the San Angelo City Council based on the administrator’s assessment of the severity of the water shortage condition and the need to curtail water diversions and/or deliveries and may be adjusted Page 3 of 14
  • 255. periodically by resolution of the City Council as conditions warrant. Once pro rata allocation is in effect, water diversions by or deliveries to each wholesale customer shall be limited to the allocation established for each month. (C) Upon initiation of pro rata water allocation, the Water Utilities Director shall provide notice, by certified mail, to each wholesale customer informing them of their monthly water usage allocations and shall notify the news media and the Executive Director of the Texas Commission on Environmental Quality.(14) Water Demand Emergency. In the event the quantity of water usage from the City’s waterdistribution system reaches a level that exceeds the amount which may be treated or safelydelivered through the system, the Water Utilities Director shall notify the City Manager and theCity Council of such an occurrence. The City Council shall be authorized to limit the use ofwater by passage of a resolution outlining such limitations which shall remain in effect until thewater demand emergency can be met. Upon initiation of a water demand emergency, the WaterUtilities Director shall provide notice, by certified mail, to the Executive Director of the TexasCommission on Environmental Quality and shall notify the news media.(15) Water Supply Emergency. In the event of a water system failure or emergency (i.e.pressure zone deficiencies, chemical spills, broken water mains, power outages, failures ofstorage tanks or other equipment, treatment plant breakdown and/or water contamination) whichlimits the amount of water which may be treated or safely delivered through the system, theWater Utilities Director shall notify the City Manager and City Council of such occurrence. TheCity Council shall be authorized to limit the use of water by passage of a resolution outliningsuch limitations which shall remain in effect until the water supply emergency can be met. Uponinitiation of a water supply emergency, the Water utilities Director shall provide notice, bycertified mail, to the Executive Director of the Texas Commission on Environmental Quality andshall notify the news media.(16) Public Information. The Water Utilities Director will provide regular public educationand information about the importance of year-round water efficiency as delineated in the plan,and will provide general information about water supply conditions and drought plan provisionson at least an annual basis. The purpose of this effort shall be to keep the citizenry informedabout 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 determined by theproperty address as set forth in this section for each frequency of watering. Watering on anallowable day may be done during the hours of 12:00 midnight to 12:00 noon, and 6:00 p.m. to12:00 midnight during the period of April 1 to October 31 and any time of day during the periodof November 1 to March 31. (A) Watering Frequency as set forth under “Water Conservation Measures”, Section11.202(8). The designated watering days shall be: Page 4 of 14
  • 256. Last Digit of Address Watering Days Odd Number Monday, Thursday, Saturday Even Number Tuesday, Friday, Sunday (B) Watering Frequency as set forth under the various water supply stages of “DroughtStages and Water Management Measures”, Section 11.203. (1) Twice every seven days. The designated watering days shall be: Last Digit of Address Watering Days Odd Number Monday, Thursday, Saturday Even Number Tuesday, Friday, Sunday (2) Once every seven days. The designated watering days shall be: Last Digit of Address Watering Days Odd Number Monday, Thursday Even Number Tuesday, Friday (3) Once every fourteen days. The designated watering days shall be: (a) Week One Last Digit of Address Watering Days Odd Number Monday, Thursday Even Number Tuesday, Friday (b) Week Two. No watering allowed.(18) Hand Watering. Hand watering may be done on an allowable watering day provided it isdone utilizing a hose with an automatic shut-off nozzle or a bucket of five gallons or less exceptduring the “prohibited watering hours” as stated in Section 11.202.(19) Residential Vehicle Watering. Washing of vehicles or other equipment is allowed only onan allowable watering day. A hose with an automatic shut-off nozzle or bucket of five gallons orless may be used. Water should not be allowed to run off the property more than 100 feet. Page 5 of 14
  • 257. (20) Charity Car Washes. Charity car washes are allowed on any day. A hose with anautomatic shut-off nozzle or bucket of five gallons or less may be used. Water should not beallowed to run off the property more than 100 feet.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 tomeet its needs. Local surface water sources include Lake Nasworthy, Twin Buttes Reservoir,O.C. Fisher Reservoir and the South Concho River. Nonlocal surface water supplies are availableto the City from O.H. Ivie Reservoir and Spence Reservoir. The City also has the Hickorygroundwater source in the McCulloch county area.When local reservoirs are full, the City’s primary water supply will be from these reservoirsalong with nonlocal or groundwater sources as needed. When local reservoirs are below full butabove drought trigger points, the local sources may be utilized along with water brought in fromnonlocal sources or groundwater sources. During drought conditions, the primary source ofsupply will be nonlocal sources, subject to the maximum amount available from each source,with the remaining amount of water coming from the local sources or groundwater.(b) Drought Trigger Point. Whenever the total amount of water available to the City fallsbelow the minimum criteria established for each water supply stage level, the City shall bedeemed to have entered a drought stage for management of its water supplies.The Water Utilities Director shall notify the City Manager and City Council upon entering thethreshold of a drought stage. The council shall implement each stage by resolution. Suchresolution shall be published one time in the local newspaper. The criteria for each stage and thewater management measures which shall be enforced are as follows in subsections (d) to (g).(c) Public Information. The Water Utilities Director will provide reports to the news mediawith information regarding current water supply conditions, projected water supply and demandconditions if the current drought conditions continue, and consumer information on waterconservation measures and practices. Information describing each water supply stage triggerpoint and drought level restrictions on water use shall be prepared and published on the City’swebsite.(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 Cityfrom 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. Page 6 of 14
  • 258. (A) The use of treated or raw City water for watering lawns, gardens, landscape areas, trees, shrubs, golf courses (except greens, tees and athletic fields) or other plants being grown outdoors (not in a nursery) shall be prohibited at all times provided however a person may do such watering which shall be once every seven days during the period of April 1 through October 31 and once every 14 days during the period of November 1 through March 31 except during the “prohibited watering hours” as stated in Section 11.202. (B) Golf course greens may be watered daily. (C) Tees and athletic fields, except those used only for practice, 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 winter grass or that have been replanted, resodded or newly constructed shall be allowed 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 stated in Section 11.202(17). (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 ofthe “excessive usage fee” as set out in Section 11.202(12). (A) For single-family residential accounts, an additional fee of $2.00 per 1,000 gallons shall be charged for all usage between 25,000 and 34,000 gallons during a billing period; an additional fee of $3.50 per 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 $6.00 per 1,000 gallons shall be charged for all usage over 45,000 gallons during a billing period. (B) For residential landscape and raw water meters, an additional fee of $2.00 per 1,000 gallons shall be charged for all usage between 15,000 and 24,000 gallons during a billing period; an additional fee of $3.50 per 1,000 gallons shall be charged for all usage between 25,000 and 35,000 gallons during a billing period, and an additional fee of $6.00 per 1,000 gallons shall be charged for all usage over 35,000 gallons during a billing period. (C) For all other landscape meters, except those at schools, colleges, parks, cemeteries, golf courses or athletic facilities, an additional fee of $2.00 per 1,000 Page 7 of 14
  • 259. gallons shall be charged for all usage between 75,000 and 94,000 gallons during a billing period; an additional fee 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.(e) Water Supply Stage – Drought Level II. (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 Cityfrom its developed water sources is less than an 18-month supply. (2) In addition to the conservation measures stated in Section 11.202 of this article, the following additional water conservation measures shall be in force during Water Supply Stage – Drought Level II. (A) The use of treated or raw City water for watering lawns, gardens, landscape areas, trees, shrubs, golf courses (except greens, tees and athletic fields) or other plants being grown outdoors (not in a nursery) shall be prohibited at all times provided however a person may do such watering which shall be once every fourteen days except during the “prohibited watering hours” as stated in Section 11.202. (B) Golf course greens may be watered daily. (C) Tees and athletic fields, except those used only for practice, may be watered once every seven days except during the “prohibited watering hours” as stated in Section 11.202. (D) Hand watering, with a hose that has an automatic shut-off nozzle or a bucket of five gallons or less, of newly planted trees or shrubs may be done once every seven days for sixty days after planting. (E) Golf course greens that have been over-seeded with winter grass may be watered in accordance with the provisions as stated in Section 11.202 for “new landscape”. (F) Drip irrigation shall be allowed at a frequency of once every fourteen days on the allowable watering days. (G) The days upon which watering may be done shall be as stated in Section 11.202(17). (3) A fee shall be charged for water usage in the amounts as set forth below. Page 8 of 14
  • 260. This fee shall be in addition to the standard fee charged for water usage and in lieu of thewater usage fee set out in Section 11.203(d)(3) and Section 11.202(12) (A) For single-family residential accounts, an additional fee of $3.50 per 1,000 gallons shall be charged for all usage between 20,000 and 29,000 gallons during a billing period; an additional fee of $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 $3.50 per 1,000 gallons shall be charged for all usage between 10,000 and 19,000 gallons during a billing period; an additional fee of $5.00 per 1,000 gallons shall be charged for all usage between 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 all other landscape meters, an additional fee of $3.50 per 1,000 gallons shall be charged for all usage between 60,000 and 79,000 gallons during a billing period; an additional fee of $5.00 per 1,000 gallons shall be charged for all usage between 80,000 and 100,000 gallons during 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. (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 theCity from its developed water sources is less than a 15-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 III. (A) The use of treated or raw City water for watering lawns, gardens, landscape areas, trees, shrubs, golf courses or other plants being grown outdoors (not in a nursery) shall be prohibited except for the following: (1) Golf course greens may be watered daily. (2) Athletic fields, except those used only for practice, may be watered once every seven days except during the “prohibited watering hours” as stated in Section 11.202. Page 9 of 14
  • 261. (3) Hand watering of trees may be done once every fourteen days with a hose that has an automatic shut-off nozzle or a bucket of five gallons or less except during the “prohibited watering hours” as stated in Section 11.202. (B) The days upon which watering may be done shall be as stated in Section 11.202(17). (3) A fee shall be charged for water usage in the amounts as set forth below.This fee shall be in addition to the standard fee charged for water usage and in lieu of the waterusage fee set out in Sections 11.203(d)(3), 11.203(e)(3) and 11.202(12). (A) For single-family residential accounts, an additional fee of $3.50 per 1,000 gallons shall be charged for all usage between 15,000 and 24,000 gallons during a billing period; an additional fee of $6.00 per 1,000 gallons shall be charged for all usage between 25,000 and 35,000 gallons during a billing period, and an additional fee of $9.00 per 1,000 gallons shall be charged for all usage over 35,000 gallons during a billing period. (B) For residential landscape or raw water meters, an additional fee of $3.50 per 1,000 gallons shall be charged for all usage between 5,000 and 14,000 gallons during a billing period; an additional fee of $6.00 per 1,000 gallons shall be charged for all usage between 15,000 and 25,000 gallons during a billing period, and an additional fee of $9.00 per 1,000 gallons shall be charged for all usage over 25,000 gallons during a billing period. (C) For all other landscape meters, an additional fee of $3.50 per 1,000 gallons shall be charged for all usage between 60,000 and 79,000 gallons during a billing period; an additional fee of $6.00 per 1,000 gallons shall be charged for all usage between 80,000 and 100,000 gallons during a billing period, and an additional fee of $9.00 per 1,000 gallons shall be charged for all usage over 100,000 gallons during a billing period.(g) Water Supply Stage – Drought Level IV. (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 Cityfrom its developed water sources is less than a 12-month supply. (2) In addition to the water conservation measures stated in Section 11.202 of this article, the following water conservation measures shall be in force during Water Supply Stage - Drought Level IV. (A) The use of treated or raw City water for watering lawns, gardens, landscape areas, trees, golf courses (including greens and tee areas), shrubs or other plants being grown outdoors is prohibited. Page 10 of 14
  • 262. (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 are contingent upon vehicle cleaning, as determined by the Director of City Health Services; then the washing of such vehicles shall be allowed. (3) A fee shall be charged for water usage in the amounts as set forth below. This fee shall be in addition to the standard fee charged for water usage and shall be in lieu of the water usage fee set out in Sections 11.203(d)(3), 11.203(e)(3), 11.203(f)(3) and 11.202(12). (A) For single-family residential accounts, an additional fee of $6.00 per 1,000 gallons shall be charged for all usage over 10,000 gallons during a billing period. (B) For apartment unit accounts an additional fee of $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 other water users, an additional fee of $3.50 per 1,000 gallons shall be charged for all usage.Sec. 11.204 Exception and Variance(a) Exceptions. There shall be an exception to the prohibitions of this article regardingwatering restrictions, as follows: (1) Use of water for installing, testing and repairing sprinkler systems. (2) Watering days for public parks, athletic facilities, schools, colleges and cemeteries shall be as approved by the City Council.(b) Variance. (1) A person desiring an exemption from any provision of this article shall file a petition for variance with the City Manager. All petitions for variances shall be reviewed and acted upon by the City Council. The petition shall include at a minimum the following information: (A) Name and address of the petitioner(s). (B) Purpose and estimated amount of water use. Page 11 of 14
  • 263. (C) Specific provision(s) of the article from which the petitioner is requesting an exemption. (D) Detailed statement as to how the specific provision of the article adversely affects the petitioner or what damage or harm will occur to the petitioner or others if petitioner complies with this article. (E) Description of the relief requested. (F) Period of time for which the variance is sought. (G) Alternative water use restrictions or other measures the petitioner is taking or proposes to take to meet the intent of this article and the effective date of such other measures. (H) Other pertinent information. (I) Statement that petitioner has not within the last six months intentionally violated the current ordinance for which a variance is sought or, if such violations have occurred, a statement setting out all reasons why such ordinance was violated.(2) The City Council may grant a variance from the requirements of this article afterdetermining that because of special circumstances applicable to the applicant, compliancewith this article: (A) Cannot be technically accomplished during the expected duration of the water supply shortage or other condition for which the article is in effect; or (B) Will cause undue hardship on a program or service offered by a public entity; or (C) Substantially threatens the applicant’s primary source of income.(3) Additionally, the City Council may grant a variance from the requirements of thisarticle if it determines that the applicant can implement alternative water use restrictionswhich meet or exceed the intent of this article. The city council shall approve specificalternative water use restrictions.(4) Any variance granted by the City Council may be revoked after a determination bythe City Council that revocation is necessary for the public health and safety or upon afinding that the holder of a variance allowing alternative water use restrictions has notcomplied with such alternative restrictions. Page 12 of 14
  • 264. 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 implementation of all elements of the program. He will be responsible for supervising the promulgation and retention of adequate records for program verification. (2) The water conservation plan will be maintained for the duration of the city’s financial obligation to the state under the State Revolving Loan Fund program.(b) Contracts With Other Political Subdivisions, Water Supply Corporations or WaterSuppliers: Any political subdivision, water supply corporation, or water supplier that contractswith the City for the purchase of water shall adopt applicable provisions of the City’s waterconservation and drought contingency plan. Contracts for the sale of water that are already ineffect will be revised to reflect the applicable provisions of the City’s most current waterconservation and drought contingency plan when the contracts are renewed.(c) Enforcement: The water conservation and drought contingency plan will be enforced in thefollowing manner: (1) Water service taps will not be provided to customers not meeting the plan requirements. (2) The inclining block water rate structure should encourage retrofitting of old plumbing fixtures which use large quantities of water. (3) Customers who do not pay their water bills will have service discontinued (4) The Building Inspection Department will not certify new construction which 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 PenaltyIt shall be unlawful to violate any of the prohibitions contained in this article. Any personviolating such prohibitions shall be guilty of a misdemeanor and upon conviction shall be finedin accordance with the general penalty provision found in Section 1.106 of this code.Section 2. That the terms and provisions of this Ordinance shall be deemed to be severablein that if any portion of this Ordinance shall be declared to be invalid, the same shall not affectthe validity of the other provisions of this Ordinance. Page 13 of 14
  • 265. Section 3. This Ordinance shall be effective on the 1st day of October, 2011, afterpublication as required by law.INTRODUCED on the ______ day of _______________, 2011, and finally PASSED,APPROVED and ADOPTED on this the _____ day of _______________2011. CITY OF SAN ANGELO, TEXAS Alvin New, MayorATTEST:___________________________________Alicia Ramirez, City ClerkAPPROVED AS TO CONTENT APPROVED AS TO FORM_________________________________ _________________________________Will Wilde, Director of Water Utilities Lysia H. Bowling, City Attorney Page 14 of 14
  • 266. AN ORDINANCE AMENDING CHAPTER 11, ARTICLE 11.200 OF THE CODE OF ORDINANCES, CITY OF SAN ANGELO, TEXAS, ENTITLED “WATER CONSERVATION AND DROUGHT CONTINGENCY PLAN”, BY REPEALING ARTICLE 11.200 IN ITS ENTIRETLY, AND ADOPTING A NEW ARTICLE 11.200, PROVIDING FOR A DROUGHT CONTINGENCY PLAN AND FOR A PENALTY;PROVIDING FOR SEVERABLILITY, AND PROVIDING FOR AN EFFECTIVE DATEBE IT ORDAINED BY THE CITY OF SAN ANGELO:Section 1. That Chapter 11, Article 11.200 of the Code of Ordinances of the City of SanAngelo, Texas, entitled “Water Conservation and Drought Contingency Plan” is hereby repealedand that a new Article 11.200 entitled “Water Conservation and Drought Contingency Plan” ishereby adopted to read as follows:ARTICLE 11.200 WATER CONSERVATION AND DROUGHT CONTINGENCY PLANSec. 11.201 PurposeThe purpose of the water conservation and drought contingency plan is to encourage waterconservation at all times and to establish a procedure for identifying, classifying and handling awater supply and/or a water demand emergency effectively and efficiently.Sec. 11.202 Water Conservation MeasuresThe City will utilize the following strategies to encourage, promote and require citizens toconserve 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, isadopted and incorporated herein. (A) Implementation. The Director of Water Utilities will act as the administrator of the water conservation plan. The administrator will oversee the execution and implementation of all elements of the program and will be responsible for supervising the promulgation and retention of records for program verification.(2) Plumbing Code. The City plumbing code has provision for water conserving plumbingdevices. The City will enforce the requirements of the code to ensure the use of water savingdevices.(3) Universal Metering. All users of municipal treated water, except for fire sprinkler lines,will be metered. Page 1 of 14
  • 267. (4) Water Supply Meters. The city metering devices will record water use with an accuracy ofplus or minus 5.0% in order to measure and account for the amount of raw water diverted fromthe source of supply.(5) Restaurants. Restaurants shall not serve water to their customers except when specificallyrequested by the customer.(6) Waste of Water. As defined below shall be prohibited. (A) Allowing treated city water, raw city water, grey water, reclaimed water or well water to run off property to a gutter, street, alley, ditch or drainage facility and drain for more than 100 feet downgrade of the point of entry into such gutter, street, alley, ditch or drainage facility. (B) Failure to repair a controllable leak.(7) Prohibited Watering Hours. The use of treated or raw city water for watering laws,gardens, landscape areas, trees, golf courses, shrubs or other plants being grown outdoors (not ina nursery) shall be prohibited between the hours of 12:00 noon and 6:00 p.m. daily from April 1through October 31.(8) Allowable Watering Frequency. The use of treated or raw city water for watering lawns,landscape areas, trees, gardens, golf courses (except greens), shrubs or other plants being grownoutdoors (not in a nursery) shall be allowed at a frequency of twice every seven days for eacharea being watered during the period of April 1 through October 31 and once every seven daysfor each area being watered during the period of November 1 through March 31. Golf coursegreens may be watered once per day year round.(9) New Landscape. Watering of newly seeded or sodded lawns or newly planted trees, shrubsor landscape plants will be allowed at the following frequency provided written notification isgiven to the City Code Compliance Division or Water Conservation Division of the wateringschedule. (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 appliedto established lawns, landscape plants, golf courses (except greens) or shrubs shall not exceed 1inch per week.(11) Drip Irrigation. Landscape watering with a drip irrigation system shall be permitted onany day and at any time of day provided that the total amount of water applied shall not exceed 1 Page 2 of 14
  • 268. inch per week. For the purpose of this article, drip irrigation shall mean a water saving irrigationsystem that uses buried drip pipe or tape.(12) Excessive Usage Fee. A fee shall be charged for water usage in the amounts set forthbelow. This fee shall be in addition to the standard fee charged for water usage. (A) For single-family residential accounts, an additional fee of $1.50 per 1,000 gallons shall be charged for all usage between 30,000 and 39,000 gallons during a billing period; an additional fee of $2.50 per 1,000 gallons shall be charged for all usage between 405,000 and 505,000 gallons during a billing period, and an additional fee of $5.00 per 1,000 gallons shall be charged for all usage over 505,000 gallons during a billin