City Council Agenda Page 1 July 3, 2018

NOTICE OF MEETING OF THECITY COUNCIL

OF BUDA, TX

6:00 PM - Tuesday, July 3, 2018Council Chambers - 121 S. Main Street

Buda, TX 78610

This notice is posted pursuant to the Texas Open Meetings Act. Notice is hereby given that a Regular City CouncilMeeting of the City of Buda, TX, will be held at which time the following subjects will be discussed and may be actedupon.

A. CALL TO ORDER Please turn off your cell phone when you approach the podium.

B. INVOCATION Pastor Daniel Strandlund, St. Elizabeth Episcopal Church of the Buda Ministerial

C. PLEDGE OF ALLEGIANCE

D. ROLL CALL

E. RECOGNITIONS

E.1. Recipient of the Distinguished Budget Presentation Award, the City of Buda, for the Fiscal Year2017-2018 Budget from Government Finance Offi cers Association (GFOA)

GFOA City.pdf

E.2. Certificate of Recognition for Budget Preparation to be presented to June Ellis, Finance Director, and theFinance Department

GFOA Finance.pdf

E.3. Recipient of the 2018 Texas Masonry Council Sustainable Award, Assistant City Manager Chance Sparks,for showing leadership with best practices and exemplary public policy in sustainable design throughthe City of Buda's Unified Development Code (UDC)

BUDA-SUS.PDF

F. PUBLIC COMMENTS At this time, comments will be taken from the audience on non-agenda related topics for a length of time not toexceed three minutes per person. To address the City Council, please submit a Citizen’s Comment form to theCity Clerk prior to the start of the meeting. No action may be taken by the City Council during Public Comments.

G. CONSENT AGENDA All matters listed under this item are considered to be routine by the City Council and will be enacted by onemotion. There will not be separate discussion of these items. If discussion is desired by any Council Member onany item, that item will be removed from the consent agenda and will be considered separately.

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City Council Agenda Page 2 July 3, 2018

G.1. Approval of the June 19, 2018 City Council Meeting Minutes (City Clerk Alicia Ramirez)

2018-0619 DRAFT Minutes.pdf

G.2. Adoption of a Resolution on the second reading authorizing a Performance Agreement between theBuda Economic Development Corporation and Project ACE (EDC Director Ann Miller)

G.3. Adoption of the second reading of an Ordinance pertaining to updates of the City's adoptedInternational Code Council Codes to the 2015 Edition, amending Chapter 6, Articles 6.01, 6.02 and 6.03and Chapter 10, Article 10.03; adopting certain international codes and making amendments thereto;providing for severability; repealing conflicting ordinances; establishing penalties; and providing aneffective date (Assistant City Manager Chance Sparks)

2018.05.30 ORD -___-__ - ICC 2015 Building Codes Update.pdf

2015 Building Codes Update Memo (Commercial Code Only) 052318.pdf

2015 Building Codes Update Memo (Residential Code Only) 052118.pdf

G.4. Adoption of the second reading of an Ordinance amending Chapter 14, Article 14.05; amendingregulations related to junked vehicles; providing for severability; repealing conflicting ordinances;establishing a penalty; and providing an effective date (Assistant City Manager Chance Sparks)

2018.06.01 ORD -___-__ - ICC 2015 Junked Vehicle Ord.pdf

H. PUBLIC HEARINGS

H.1. Hold a public hearing regarding an ordinance to change the zoning from Interstate 35 Business (B-3) toLight Industrial (LI) for approximately 2.008 acres being Lots 3 and 4 of Capital Area Industrial ParkSubdivision, Hays County, Texas and generally located on the south side of Industrial Way Drivebetween Interstate 35 and Dupree Drive (Z 18-01) (Senior Planner David Fowler)

H.2. Hold a public hearing regarding an ordinance to change the zoning from Form Zone 4H (F4H) to LightIndustrial (LI) for approximately 5.92 acres being Lots 1 and 2 of Block A, Loop 4 Addition, Hays County,Texas and generally located on the west side of South Loop 4 (South RM 967) approximately 1,200 feetsouth of West Goforth Road (Z 18-02) (Senior Planner David Fowler)

I. PRESENTATIONS

I.1. Presentation and update by Graham Moore, Executive Director, regarding the Alliance Regional WaterAuthority (ARWA) and Guadalupe-Blanco River Authority (GBRA) joint groundwater project in GonzalesCounty

GBRA Alliance Water Project Press Release Final.pdf

Buda Council - GBRA Agreement Overview 2018-07-03.pdf

I.2. Presentation on the 2019-2022 Capitol Area Metropolitan Area Transportation Improvement ProgramProject Call Recommendations and Hays County Road Improvement Projects (City Engineer John Nett;Hays County Precinct 2 Commissioner Mark Jones)

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City Council Agenda Page 3 July 3, 2018

2019-2022 CAMPO Project Call Recommendations.pdf

I.3. Presentation on the City of Buda Wastewater Treatment Plant Phase III Expansion Project (City EngineerJohn Nett; Marty Rumbaugh, AECOM; Joe Jenkins, Walker Partners)

AECOM_WWTP_Update_Council_070318.pdf

WP Assistance Buda WWTP Project.pdf

I.4. Presentation and possible action on the Aquifer Storage and Recovery (ASR) Pilot Study Project (WaterResources Coordinator Blake Neffendorf)

ASR_Site_Selection.pdf

J. REGULAR AGENDA

J.1. Deliberation and possible action to enter into Supplement #3 to the professional service agreementwith AECOM for the Buda Wastewater Treatment Plant Phase III Expansion Project (City Engineer JohnNett; Marty Rumbaugh, AECOM)

Draft scope and fee proposal SA 3 signed 062918.pdf

J.2. Deliberation and possible action to enter into a professional service agreement with Doucet + Chan todevelop a Letter of Map Revision (LOMR) within the FEMA Regulatory Flood Hazard Area of Onion Creekassociated with the Buda City Park Improvements Project (City Engineer John Nett; Duke Altman,Doucet + Chan)

Buda Park LOMR Proposal.pdf

Buda City Park - Hays Co, TX Preliminary DFIRM (Issue Date 4-7-17).pdf

Buda City Park FEMA Firmette (Current Regulatory Effective SFHA Boundaries).pdf

J.3. Deliberation and possible action regarding the first reading of an ordinance to change the zoning fromInterstate 35 Business (B-3) to Light Industrial (LI) for approximately 2.008 acres being Lots 3 and 4 ofCapital Area Industrial Park Subdivision, Hays County, Texas and generally located on the south side ofIndustrial Way Drive between Interstate 35 and Dupree Drive (Z 18-01) (Senior Planner David Fowler)

ORD 2.008 ac freightliner z 18-01.pdf

Exhibit A CAPITAL AREA INDUSTRIAL PARK VOL 3 PG 261.pdf

G1a Z_18_01_Notification Map with boundary.pdf

G1b Land Use Chart.pdf

G1c Comprehensive Plan Future Land Development Excerpt including Map.pdf

G1d Comprehensive Plan Excerpt Plan-UDC Integration Appendix B.pdf

J.4. Deliberation and possible action regarding the first reading of an ordinance to change the zoning fromForm Zone 4H (F4H) to Light Industrial (LI) for approximately 5.92 acres being Lots 1 and 2 of Block A,

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City Council Agenda Page 4 July 3, 2018

Loop 4 Addition, Hays County, Texas and generally located on the west side of South Loop 4 (South RM967) approximately 1,200 feet south of West Goforth Road (Z 18-02) (Senior Planner David Fowler)

ORD 5.92 ac Loop 4 Addition z 18-02.pdf

Exhibit A Loop 4 Addition.pdf

G2a Z_18_02_Notification Map.pdf

G2b ZONING REQUEST CHANGE - KNIGHT.PDF

G2c ZONING REQUEST CHANGE -SCHULTZ.PDF

G2d Land Use Chart.pdf

G2e Form Districts Descriptions.pdf

G2f Form Districts Descriptions F4H.pdf

G2g Form Districts General Building Type.pdf

G2h Gateway Corridor Overlay District Excerpt.pdf

G2i Comprehensive Plan Future Land Development Excerpt including Map.pdf

G2j Comprehensive Plan Excerpt Plan-UDC Integration Appendix B.pdf

J.5. Deliberation and possible action on an ordinance on first reading amending Chapter 18; providing rulesand regulations related to special events, block parties, parades and film production; amendingAppendix A of the Code of Ordinance schedule of fees related to same; providing for severability;repealing conflicting ordinances and resolutions; providing a penalty; and providing an effective date(Assistant City Manager Chance Sparks)

2018.06.28 ORD -___-__ - Special Events Block Parties Parades Film Industry Production (all changesaccepted 062818) updated.pdf

APPENDIX_A__FEE_SCHEDULE.pdf

J.6. Deliberation and possible action on a petition request by the Hays Community YMCA Camp Moody toconnect to the City of Buda's public water system (Assistant City Managers Chance Sparks and MicahGrau)

Section 3.01.06. Buda UDC effective 10022017.pdf

YMCA Camp Moody water wastewater service location0001.pdf

City of Austin ETJ Policy.pdf

YMCA_Camp_Moody.pdf

J.7. Discussion and possible action to adopt a Resolution of the City of Buda amending the Rotation WreckerService Policy (Police Chief Bo Kidd)

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City Council Agenda Page 5 July 3, 2018

BPD Wrecker Service Amdmt RES.pdf

BPD Wrecker Service Policy Amended.pdf

K. EXECUTIVE SESSION

K.1. Council will recess its open session and convene in executive session pursuant to Government CodeChapter §551.071 and §551.072 to deliberate upon the acquisition of real property and seek legal advicefrom the City Attorney regarding acquisition of property interests to carry out Proposition 3 - Streets:Main Street Project; Proposition 4 - Drainage, Project Area 2; and, to deliberate upon the status of anoperation and maintenance contract related to Proposition 5 - Parks.

L. RECONVENE INTO REGULAR SESSION AND TAKE ACTION, IF ANY, ON MATTERS DISCUSSED IN EXECUTIVESESSION.

L.1. Discuss and consider approving the City Manager to execute a contract of sale, executed by 1115C MainBuda, LLC, to sell to the City of Buda, Texas, and close on an approximate 0.045-acre of land, being aportion of Lot 2A, Re-subdivision of Lot 2, Section 4, Bradfield Village, a subdivision in Hays County,Texas, according to the plat or map recorded in Book 14, Page 251 of the offi cial public records of HaysCounty, Texas, for the acquisition of 0.014 acre of right-of-way, 0.028 acre of permanent easement, and0.003 acre of temporary easement, all in support of Proposition 3 Main Street Improvements Projects,within the said tract of land addressed as 1115C Main Street (City Attorney George Hyde; Allen Crozier,HDR)

M. STAFF REPORT

M.1. Update on November 6, 2018 Election and related matters (City Clerk Alicia Ramirez)

SOS Calendar - November 6.pdf

M.2. Update on 2014 Buda Bond Propositions (Project Manager Ray Creswell; City Engineer John Nett;Assistant City Manager Chance Sparks; Director of Parks & Recreation Greg Olmer)

Bond Proposition 4 Program Schedule (Rev 6-19-18).pdf

Prop 4 Total Project Costs (Rev 06-20-2018).pdf

N. CITY MANAGER’S REPORT 2014 Bond Program, Capital Improvement Projects, Developments, Drainage Projects, Engineering Department,Finance Department, General/Special Election, Grant Related Projects, Human Resources, Law Enforcement,Legislative Update, Library Projects, Main Street Program, Parks & Recreation Department, PlanningDepartment, Road Projects, Status-Future Agenda Request, Special Projects, Tourism Projects, Transportation,Wastewater Projects, and Water Projects (City Manager Kenneth Williams)

O. CITY COUNCIL’S BOARD AND COMMITTEE REPORTS

P. ITEMS OF COMMUNITY INTEREST - July 4, 2018 Red, White, & Buda: Patriotic Parade on Main Street and Fireworks at Buda Sportsplex- July 12, 2018 City Council Special Budget Meeting

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City Council Agenda Page 6 July 3, 2018

Q. CITY COUNCIL REQUESTS FOR FUTURE AGENDA ITEMS

Q.1. Update on Pending Items requested by City Council

Pending Items.pdf

R. ADJOURNMENT Requests for accommodations must be made 48 hours prior to the meeting. Please contact the City Clerk at(512) 312-0084, or FAX (512) 312-1889 for information or assistance.

I, the undersigned authority, do hereby certify that the above Notice of Meeting of the Governing Body of theCity of Buda, was posted on the bulletin board in front of Buda City Hall, which is readily accessible to the publicat all times, by 5:00 pm on June 29, 2018.

/s/____________________________Alicia RamirezCity Clerk

Meetings scheduled in the Council Chambers are set up to publicly broadcast meetings. You may be audio and video recorded while in this facility.Meetings scheduled in other City Facilities are set up to publicly audio record meetings. You may be audio recorded in the other City Facilities.

In accordance with Article III, Section 3.10, of the Official Code of the City of Buda, the minutes of this meeting consist of the preceding MinuteRecord and the Supplemental Minute Record. Details on Council meetings may be obtained from the City Clerk’s Office, or video of the entiremeeting may be downloaded from the website. (Portions of the Supplemental Minute Record video tape recording may be distorted due toequipment malfunction or other uncontrollable factors.)

The City Council may retire to executive session any time between the meeting’s opening and adjournment for the purpose of consultation withlegal counsel pursuant to Chapter 551.071 of the Texas Government Code; discussion of personnel matters pursuant to Chapter 551.074 of theTexas Government Code; deliberation regarding real property pursuant to Chapter 551.072 of the Texas Government Code; deliberation regardingeconomic development negotiations pursuant to Chapter 551.087 of the Texas Government Code; and/or deliberation regarding the deployment,or specific occasions for implementation of security personnel or devices pursuant to Chapter 551.076 of the Texas Government Code. Action, ifany, will be taken in open session.

This agenda has been reviewed and approved by the City’s legal counsel and the presence of any subject in any Executive Session portion of theagenda constitutes a written interpretation of Texas Government Code Chapter 551 by legal counsel for the governmental body and constitutesan opinion by the attorney that the items discussed therein may be legally discussed in the closed portion of the meeting considering availableopinions of a court of record and opinions of the Texas Attorney General known to the attorney. This provision has been added to this agenda withthe intent to meet all elements necessary to satisfy Texas Government Code Chapter 551.144(c) and the meeting is conducted by all participantsin reliance on this opinion.

Attendance by Other Elected or Appointed Officials: It is anticipated that members of other governmental bodies, and/or city boards,commissions and/or committees may attend the meeting in numbers that may constitute a quorum of the body, board, commission and/orcommittee. Notice is hereby given that the meeting, to the extent required by law, is also noticed as a possible meeting of the other body, board,commission and/or committee, whose members may be in attendance, if such numbers constitute a quorum. The members of the boards,commissions and/or committees may be permitted to participate in discussions on the same items listed on the agenda, which occur at themeeting, but no action will be taken by such in attendance unless such item and action is specifically provided for on an agenda for that body,board, commission or committee subject to the Texas Open Meetings Act.

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Government Finance Officers Association

203 North LaSalle Street, Suite 2700Chicago, Illinois 60601-1210312.977.9700 /ax; 312.977.4806

FOR IMMEDIATE RELEASE

May 7, 2018 For more information, contact:

Technical Services Center

Phone: (312)977-9700Fax: (312)977-4806E-mail: budgetawards@gfoa.org

(Chicago, Illinois)~Govemment Finance Officers Association is pleased to announce that City ofBuda, Texas, has received GFOA's Distinguished Budget Presentation Award for its budget.

The award represents a significant achievement by the entity. It reflects the commitment of thegoverning body and staff to meeting the highest principles of governmental budgeting. In order toreceive the budget award, the entity had to satisfy nationally recognized guidelines for effectivebudget presentation. These guidelines are designed to assess how well an entity's budget serves as:

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

Budget documents must be rated "proficient" in all four categories, and in the fourteen mandatorycriteria within those categories, to receive the award.

Whena Distinguished Budget Presentation Award is granted to an entity, a Certificate of Recognitionfor Budget Presentation is also presented to the individual(s) or department designated as beingprimarily responsible for having achieved the award. This has been presented to June Ellis, FinanceDirector.

There are over 1,600 participants in the Budget Awards Program. The most recent Budget Awardrecipients, along with their corresponding budget documents, are posted quarterly on GFOA'swebsite. Award recipients have pioneered efforts to improvethe quality of budgeting and provide anexcellent example for other governments throughout North America.

Government Finance Officers Association is a major professional association servicing the needsofmore than 19,000appointedand electedlocal, state, and provincial-level government officials andother finance practitioners. It provides top quality publications, training programs, services, andproducts designedto enhance theskillsand performance of those responsiblefor governmentfinancepolicy and management. The association is headquartered in Chicago, Illinois, with offices inWashington D. C.

Washington, DC OfficeFederal Liaison Center, 660 North Capitol Street, NW, Suite 410 • Washington, DC 20001 • 202.393.8020 fax: 202.393.0780

www.gfoa.org

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GOVERNMENT FINANCE OFFICERS ASSOCIATION

DistinguishedBudget Presentation

AwardPRESENTED TO

City of Buda

Texas

For the Fiscal Year Beginning

October 1, 2017

Executive Director

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The Government Finance Officers Association

of the United States and Canada

presents this

CERTIFICATE OF RECOGNITION FOR BUDGET PREPARATIONto

UWTEO STATES

CANADACOLORATIONSEAl

June Ellis, Finance DirectorCity of Buda, Texas

The Certificate ofRecognition for Budget Preparation is presented by the GovernmentFinance Officers Association to those individuals who have been instrumental in theirgovernment unit achieving a Distinguished Budget Presentation Award TheDistinguished Budget Presentation Award, which is the highest award in governmentalbudgeting, is presented to those government units whose budgets are judged to adhereto program standards.

Executive Director

Date May 07,2018

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You’re Building A Legacy

P.O. Box 4278 • Waco, TX 76708 • (254) 300-45 44 www.texasmasonrycouncil.org

Wednesday, May 9, 2018

Chance Sparks Asst. City Manager – City of Buda 100 Houston St., Suite A Buda, TX 778610 RE: 2018 Texas Masonry Council Sustainable City Award Dear Mr. Sparks:

The Texas Masonry Council is a non-profit trade association comprised of masonry contractors and suppliers in the State of Texas. We know that construction today will affect the aesthetic appeal, safety, resiliency, and sustainability of cities in this great state for generations. For over 50 years, we have given Golden Trowel awards at the conclusion of our annual convention to honor great examples of buildings constructed out of the oldest material known to man. The TMC is a passionate organization dedicated to helping cities build a legacy.

This year, in collaboration with our local contractor associations, we are recognizing and honoring cities that have shown leadership with best practices and exemplary public policy in sustainable design. The Sustainable City Awards Program was established in 2016 as a thank you to cities who adopt thoughtful masonry design guidelines that will add value, beauty, durability, and sustainability to their communities for years to come.

We are excited to announce the City of Buda has been chosen to receive the first TMC Sustainable City Award for the Central Texas region! This award will be presented to the City at the Central Texas Masonry Contractors Association Golden Trowel Awards Banquet held on June 22nd at the Archer Hotel. We cordially invite you and other city officials to join us as we celebrate and honor the long-standing masonry tradition.

Thank you for all you do to make your city wonderful.

Sincerely,

Tony Topping TMC, Dir. of Public Policy

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CITY COUNCIL MINUTE RECORD Page 567 The City of Buda, Texas Volume 138 Tuesday, June 19, 2018

CALL TO ORDER

Mayor Haehn called the meeting to order at 6:33 p.m.

ROLL CALL

City Clerk Alicia Ramirez certified a quorum with the following Councilmembers present:

Mayor George Haehn Mayor Pro Tem Wiley Hopkins

Councilmember David Nuckels Councilmember Paul Daugereau Councilmember Remy Fallon

Councilmember Evan Ture

City Manager Kenneth Williams

Councilmember Lee Urbanovsky was absent and excused from the meeting. City Staff in attendance: Assistant City Manager/Development Chance Sparks, Assistant City Manager/Administration Micah Grau, City Clerk Alicia Ramirez, Chief of Police Bo Kidd, Library Director Melinda Hodges, Tourism Director Lysa Gonzalez, Parks & Recreation Director Greg Olmer, Public Works Director Mike Beggs, Finance Director June Ellis, Public Information Officer David Marino, and Human Resources Director Vicki Fuchs

PRESENTATIONS

PRESENTATION OF A $20,000 CHECK TO THE BUDA FIRE DEPARTMENT (HAYS COUNTY EMERGENCY SERVICES DISTRICT #8) TO SUPPORT THE PURCHASE OF A LADDER TRUCK

POST-EVENT REPORT REGARDING THE 21ST ANNUAL BUDA LIONS CLUB COUNTRY FAIR AND WIENER DOG RACES

Tourism Director Lysa Gonzales presented background information.

Allen Robinson, 1911 Ranches Road in Lockhart, member of the Buda Lions Club, reported that this event was a very successful event and informed a total of $33,500 was donated to the various volunteer organizations.

General discussion was held on the location for next year. Mr. Greg Olmer, Parks & Recreation Director informed staff is considering different locations within the community.

PUBLIC COMMENTS

No public comments were made.

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Page 568 Minutes Volume 138 June 19, 2018 CONSENT AGENDA

APPROVAL OF THE JUNE 5, 2018 CITY COUNCIL MEETING MINUTES

APPROVAL OF THE CITY OF BUDA JULY 4TH CELEBRATION: THE RED, WHITE ‘N BUDA COMMUNITY WALK AND BIKE PARADE AND CITY STAFF'S REQUEST FOR TEMPORARY CLOSURE OF MAIN STREET, AUSTIN STREET, ELM STREET AND ASH STREET, PEACH STREET AND CHINA STREET

ADOPTION OF THE SECOND READING OF ORDINANCE #2018-09 ANNEXING APPROXIMATELY 61.19+/- ACRES OF LAND TO THE CITY OF BUDA, TEXAS, ADOPTING A SERVICE PLAN FOR THE ANNEXED AREA, PROVIDING FOR A SEVERABILITY CLAUSE AND PROVIDING AN EFFECTIVE DATE, PROVIDING FOR A SAVINGS CLAUSE AND REPEALING CONFLICTING ORDINANCES OR RESOLUTIONS FOR PROPERTY GENERALLY LOCATED ON THE NORTH SIDE OF R.M. 967 IMMEDIATELY WEST OF CARPENTER HILL ELEMENTARY SCHOOL (KALI-KATE ANNEXATION)

ADOPTION OF THE SECOND READING OF ORDINANCE #2018-10 ANNEXING APPROXIMATELY 6.685+/- ACRES OF LAND AND 64.737+/- ACRES OF LAND TO THE CITY OF BUDA, TEXAS, ADOPTING A SERVICE PLAN FOR THE ANNEXED AREA, PROVIDING FOR A SEVERABILITY CLAUSE AND PROVIDING AN EFFECTIVE DATE, PROVIDING FOR A SAVINGS CLAUSE AND REPEALING CONFLICTING ORDINANCES OR RESOLUTIONS FOR PROPERTY GENERALLY LOCATED ON THE NORTH SIDE OF R.M. 967 IMMEDIATELY WEST OF DAHLSTROM MIDDLE SCHOOL AND SOUTHERN HILLS CHURCH (CARPENTER HILL SUBDIVISION ANNEXATION)

ADOPTION OF THE SECOND READING OF ORDINANCE #2018-11 ANNEXING APPROXIMATELY 18.511+/- ACRES OF LAND, 119.559+/- ACRES OF LAND AND 17.015+/- ACRES OF LAND TO THE CITY OF BUDA, TEXAS, ADOPTING A SERVICE PLAN FOR THE ANNEXED AREA, PROVIDING FOR A SEVERABILITY CLAUSE AND PROVIDING AN EFFECTIVE DATE, PROVIDING FOR A SAVINGS CLAUSE AND REPEALING CONFLICTING ORDINANCES OR RESOLUTIONS FOR PROPERTY GENERALLY LOCATED ON THE NORTH SIDE OF R.M. 967 CONTAINING CARPENTER HILL ELEMENTARY SCHOOL AND FUTURE JOHNSON HIGH SCHOOL (CARPENTER HILL ELEMENTARY SCHOOL AND JOHNSON HIGH SCHOOL ANNEXATION)

ADOPTION OF THE SECOND READING OF ORDINANCE #2018-12 ANNEXING APPROXIMATELY 5.97+/- ACRES OF LAND TO THE CITY OF BUDA, TEXAS, ADOPTING A SERVICE PLAN FOR THE ANNEXED AREA, PROVIDING FOR A SEVERABILITY CLAUSE AND PROVIDING AN EFFECTIVE DATE, PROVIDING FOR A SAVINGS CLAUSE AND REPEALING CONFLICTING ORDINANCES OR RESOLUTIONS FOR PROPERTY GENERALLY LOCATED AT THE NORTHEAST CORNER OF CANYON WREN AND F.M. 967 (CANYON WREN ANNEXATION)

City Manager Kenneth Williams suggested pulling the Smoking Ordinance.

Motion, to approve the Consent Agenda, as presented, with the exception of the Smoking Prohibition Ordinance, was made by Mayor Pro Tem Hopkins and seconded by Councilmember Ture. Motion carried unanimously.

ADOPTION ON SECOND READING OF ORDINANCE #2018-13 OF THE CITY OF BUDA, TEXAS, AMENDING THE BUDA CODE OF ORDINANCES BY ADDING A NEW ARTICLE 12.04 OF CHAPTER 12; PROVIDING REGULATIONS PROHIBITING THE USE OF TOBACCO AND SMOKING IN AND NEAR CITY FACILITIES, IN 12

Minutes Page 569 June 19, 2018 Volume 138

CITY VEHICLES AND ON CITY EQUIPMENT; PROVIDING FOR SEVERABILITY; REPEALING CONFLICTING ORDINANCES OR RESOLUTIONS; PROVIDING A PENALTY AND PROVIDING AN EFFECTIVE DATE

Mr. Williams reviewed the penalty section of the ordinance and stated concerns had been raised by staff. City Attorney George Hyde informed the language has been modified to state that only the offender would be held responsible for violating the ordinance.

Motion, to adopt the ordinance, as presented, and to amend the penalty provision, was made by Mayor Haehn and seconded by Councilmember Daugereau. Motion carried unanimously.

PUBLIC HEARINGS

PUBLIC HEARING HELD TO CONSIDER ADOPTION OF LAND USE ASSUMPTIONS AND A TRANSPORTATION CAPITAL IMPROVEMENTS PLAN UNDER WHICH IMPACT FEES MAY BE IMPOSED FOR ROADWAYS WITHIN THE CITY OF BUDA

Assistant City Manager Chance Sparks provided a brief on the item and introduced Mr. Eddie Haas of Freese & Nichols, Inc. Mr. Haas presented background information. A copy of the presentation is part of the permanent supplemental record.

General discussion was held on imposing the fees within and outside of the City Limits which will be part of the development agreement process, and the process when applying impact fees directly to the developer or project.

CIP Councilmember Ture commented on the short and mid-term studies. Mr. Sparks informed the City Council has discretion

Mayor Haehn how fast can we begin annexation proceedings, Mr. Sparks informed one way is to issue ag exemptions to some properties; aggressive development agreements,

Mayor Haehn formally opened the public hearing period to accept comments at 7:29 p.m. No comments were made. Mayor Haehn closed the public comment period at 7:30 p.m.

Motion, to approve the land use assumptions and capital improvements plan related to the roadway impact fee, was made by Councilmember Ture and seconded by Mayor Pro Tem Hopkins. Motion carried unanimously.

REGULAR AGENDA

APPROVAL FOR DESIGN WORKSHOP TO MOVE TO 100% CONSTRUCTION DOCUMENTS FOR THE CITY PARK PROJECT

Parks & Recreation Director Greg Olmer provided a brief on the project process and introduced Claire Hempel of Design Workshop. Ms. Hemphill presented background information. A copy of the presentation is part of the permanent supplemental record.

General discussion was held on the alternates, bond language and recent legislative changes related to Hotel Occupancy Revenue Tax. City Attorney George Hyde noted additional research will be required and Assistant City Manager Chance Sparks informed staff is also seeking sponsorships, private/public partnerships, as well as naming rights.

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Page 570 Minutes Volume 138 June 19, 2018 Further discussion was held on the cost estimates, the add alternates, and the internal work being completed by City Departments. What other work can be included in the add alternates.

City Manager Kenneth Williams informed this presentation clarifies the project and outlines the estimated budget, and related add-alternates. Also consideration will be made regarding the bond language and possibility utilizing Hotel Occupancy Revenue (HOT) funds to help pay for the project.

Responding to Council Member Nuckels, staff clarified the bond amount of the Park Project and further clarified that other park projects were funded from the original bond monies.

Mayor Pro Tem Hopkins suggested moving forward and approve the 100% design.

Motion, to approve, as presented, was made by Mayor Pro Tem Hopkins and seconded by Council Member Nuckels. Motion carried unanimously.

ADOPTION OF RESOLUTION #2018-R-28 APPROVING THE CITY OF BUDA'S INVESTMENT POLICY

Finance Director June Ellis presented background information. A copy of the presentation is part of the permanent supplemental record.

General discussion was held on the previous version, the investments opportunities, and investment yields.

Motion, to adopt the Resolution, as presented, was made by Mayor Haehn and seconded by Council Member Nuckels. Motion carried unanimously.

ACCEPTANCE OF THE CITY'S INVESTMENT REPORT FOR THE QUARTER ENDING MARCH 2018

Finance Director June Ellis and Greg Warner of First Southwest Asset Management, LLC presented background information. A copy of the presentation is part of the permanent supplemental record.

Motion, to accept the report, as presented, was made by Mayor Haehn and seconded by Council Member Daugereau. Motion carried unanimously.

RECESS

At 8:30 P.M., Mayor Haehn called a recess.

RECONVENE

At 8:37 P.M., Council reconvened, and the following business was transacted:

FIRST READING OF A RESOLUTION AUTHORIZING A PERFORMANCE AGREEMENT BETWEEN THE BUDA ECONOMIC DEVELOPMENT CORPORATION AND PROJECT ACE

EDC Director Ann Miller presented background information.

Motion, to introduce the Ordinance, as presented, was made by Mayor Pro Tem Hopkins and seconded by Councilmember Ture. Motion carried unanimously.

Ms. Miller announced Project Ace is WAMSFTX, LLC a.k.a. Sunset Station. She informed the WAMSFTX proposes to construct a multi-use community sports, complex building of approximately 30,000 square feet on eight acres of land WAMSFTX is acquiring within the Sunfield development. 14

Minutes Page 571 June 19, 2018 Volume 138

FIRST AND FINAL READING OF ORDINANCE #2018-14 AMENDING THE ESTABLISHED BOUNDARIES OF SINGLE-MEMBER DISTRICT C FOR THE PURPOSE OF INCORPORATING NEWLY ANNEXED AREAS INTO SAID DISTRICT, AND ALL OTHER NECESSARY ACTIONS; AND PROVIDING FOR AN EFFECTIVE DATE

Assistant City Manager Chance Sparks presented background information.

City Attorney George Hyde informed moving forward, during annexations proceedings, the public hearing process will include the designation of proposed annexed areas within the proposed designated district.

Motion, to consider the Ordinance on first and final reading, was made by Mayor Haehn and seconded by Mayor Pro Tem Hopkins. Motion carried unanimously.

Motion, to adopt the Ordinance, as presented, was made by Council Member Daugereau and seconded by Councilmember Fallon. Motion carried unanimously.

INTRODUCTION OF AN ORDINANCE PERTAINING TO UPDATES OF THE CITY'S ADOPTED INTERNATIONAL CODE COUNCIL CODES TO THE 2015 EDITION, AMENDING CHAPTER 6, ARTICLES 6.01, 6.02 AND 6.03 AND CHAPTER 10, ARTICLE 10.03; ADOPTING CERTAIN INTERNATIONAL CODES AND MAKING AMENDMENTS THERETO; PROVIDING FOR SEVERABILITY; REPEALING CONFLICTING ORDINANCES; ESTABLISHING PENALTIES; AND PROVIDING AN EFFECTIVE DATE

Assistant City Manager Chance Sparks and Building Official Michael Gleason presented background information.

Motion, to introduce the Ordinance, as presented, was made by Mayor Haehn and seconded by Council Member Daugereau. Motion carried unanimously.

INTRODUCTION OF AN ORDINANCE AMENDING CHAPTER 14, ARTICLE 14.05; AMENDING REGULATIONS

RELATED TO JUNKED VEHICLES; PROVIDING FOR SEVERABILITY; REPEALING CONFLICTING ORDINANCES;

ESTABLISHING A PENALTY; AND PROVIDING AN EFFECTIVE DATE

Assistant City Manager Chance Sparks presented background information.

Motion, to introduce the Ordinance, as presented, was made by Council Member Daugereau and

seconded by Mayor Pro Tem Hopkins. Motion carried unanimously.

RECESS

At 8:50 P.M., Mayor Haehn called a recess.

JOINT MEETING WITH THE DUPRE LOCAL GOVERNMENT CORPORATION (DLGC)

Mayor Haehn called the joint meeting to order at 8:51 p.m.

City Clerk Alicia Ramirez certified a quorum with the following DLGC Members present:

Remy Fallon George Haehn

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Page 572 Minutes Volume 138 June 19, 2018

Wiley Hopkins Ann Miller (Vice Chair)

Lee Urbanovsky was absent and excused from the meeting.

At 8:51 P.M., Council and DLGC convened in Executive Session under the provision of Government Code, Title 5. Open Government; Ethics, Subtitle A. Open Government, Chapter 551. Open Meetings, Subchapter D. Exceptions to Requirement that Meetings be Open, §Council and the Dupre Local Government Corporation will recess its open session and convene in executive session pursuant to Government Code Chapter §551.071 Consultations with Attorney to deliberate and seek legal advice regarding contractual obligations related to Cabela’s land sales, bond payments, incentive payments and related obligations contained within the economic development agreements associated therewith.

At 9:47 P.M., Council and DLGC reconvened, and the following business was transacted and action taken, if any, on matters discussed in executive session.

No action.

ADJOURNMENT OF JOINT MEETING WITH DUPRE LOCAL GOVERNMENT CORPORATION

There being no further business, the joint meeting was adjourned at 9:51 p.m.

RECONVENE

At 9:52 P.M., Council reconvened, and the following business was transacted:

EXECUTIVE SESSION

At 9:53 P.M., Council convened in Executive Session under the provision of Government Code, Title 5. Open Government; Ethics, Subtitle A. Open Government, Chapter 551. Open Meetings, Subchapter D. Exceptions to Requirement that Meetings be Open, §551.071 and §551.072 to deliberate upon the acquisition of real property and seek legal advice from the City Attorney regarding acquisition of property interests to carry out Proposition 3 - Streets: Main Street Project, and the City Hall and Library properties.

At 10:02, Council reconvened, and the following business was transacted and action taken, if any, on matters discussed in executive session.

No action.

APPROVAL FOR THE CITY MANAGER TO EXECUTE A CONTRACT OF SALE, EXECUTED BY FAITH ASSEMBLY OF GOD CHURCH, TO SELL TO THE CITY OF BUDA, TEXAS, AND CLOSE ON AN APPROXIMATE 0.158-ACRE OF LAND, BEING A PORTION THAT CERTAIN 3.5288 ACRE TRACT CONVEYED TO FAITH ASSEMBLIES OF GOD OUT OF THE S.V.R. EGGLESTON SURVEY, HAYS COUNTY, TEXAS, IN A WARRANTY DEED DATED AUGUST 24, 2017, RECORDED IN INSTRUMENT NUMBER 17030356 OF THE OFFICIAL PUBLIC RECORDS OF HAYS COUNTY, TEXAS, FOR THE ACQUISITION OF 0.15 ACRE OF RIGHT-OF-WAY AND 0.008 ACRE OF TEMPORARY EASEMENT, ALL IN SUPPORT OF PROPOSITION 3 MAIN STREET IMPROVEMENTS PROJECTS, WITHIN THE SAID TRACT OF LAND ADDRESSED AS 1030 MAIN STREET

City Attorney George Hyde; Allen Crozier, HDR presented background information.

Motion, to approve the City Manager to execute said contract of sale, as presented, was made by Mayor Haehn and seconded by Councilmember Ture. Motion carried unanimously. 16

Minutes Page 573 June 19, 2018 Volume 138

APPROVAL OF THE PURCHASE OF A QUITCLAIM AND RELINQUISHMENT DEED FROM UNION PACIFIC RAILROAD, TO REMOVE A TITLE RESERVATION AUTHORIZING UNION PACIFIC CERTAIN SUPERIOR USE RIGHTS OVER THE CURRENT CITY HALL AND LIBRARY PROPERTY AND AUTHORIZATION FOR THE CITY MANAGER AND CITY ATTORNEY TO PERFORM ALL STEPS AND EXECUTE ALL DOCUMENTS NECESSARY TO CLOSE THE TRANSACTION

City Attorney George Hyde presented background information.

City Manager Kenneth Williams confirmed the monies would be paid from fund balance.

Motion, to approve the purchase of said quitclaim, as presented, was made by Mayor Haehn and seconded by Council Member Daugereau. Motion carried unanimously.

STAFF REPORT

UPDATE ON THE NATIONAL CIVIC LEAGUE ALL-AMERICAN CITY AWARD COMMITTEE AND RELATED MATTERS

City Clerk Alicia Ramirez presented background information.

CITY MANAGER’S REPORT

• 2014 Bond Program • Capital Improvement projects • Developments • Drainage Projects • Engineering Department • Finance Department • Grant-related Projects • Law Enforcement • Legislative Update

• Library Projects • Parks & Recreation Department • Planning Department • Road Projects • Special Projects • Status on Requested Future Items • Tourism Projects • Wastewater Projects • Water Projects

City Manager Kenneth Williams provided an update on the following:

• July 3rd, staff is preparing an update by Commissioner Jones regarding the Capital Area Metropolitan Planning Organization (CAMPO) report, specifically the Robert S Light road project.

• The Consumer Report regarding Water System is available on the City’s website. • Fire Chief Huckaby mentioned the ISO Rating of 1 earlier in the meeting. Mr. Williams explained the

City’s water system played a key role in achieving the rating. He commended Public Works for their efforts.

• Creating the Legislative Agenda and consider hiring a Lobbyist.

CITY COUNCIL’S BOARD AND COMMITTEE REPORTS

Councilmember Nuckels reported on the IT Committee Meeting. He suggest considering various request at the next budget retreat.

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Page 574 Minutes Volume 138 June 19, 2018 Councilmember Ture reported on his meeting with Anton Cox of the Capital Area Council of Governments (CAPCOG) Clean Air Coalition, representative. He noted Mr. Cox provided information regarding Buda’s air quality conditions and offered information on grant opportunities.

Mayor Haehn reported he met with the CAPCOG Board of Directors.

ITEMS OF COMMUNITY INTEREST

July 4 Parade 9:00 – noon; fireworks at 9:30 pm at Sportsplex

Mayor Haehn and City Manager Kenneth Williams meet with the Dr. Rhodes of Austin Community College (ACC). He noted the Masonry Council will present the City an award for the continued use of masonry materials in development projects. He noted the requirements are included in the Unified Development Code (UDC).

CITY COUNCIL REQUESTS FOR FUTURE AGENDA ITEMS

None.

ADJOURNMENT

Motion, to adjourn the meeting, was made by Council Member Daugereau and seconded by Councilmember Ture. Motion carried unanimously.

There being no further business, the meeting was adjourned at 10:32 p.m.

THE CITY OF BUDA, TEXAS ___________________________ George Haehn, Mayor ATTEST: _______________________________ Alicia Ramirez, TRMC DATE City Clerk

In accordance with Article III, Section 3.10, of the Official Code of the City of Buda, the minutes of this meeting consist of the preceding Minute Record and the Supplemental Minute Record. Details on Council meetings may be obtained from the City Clerk’s Office, or audio or video of the entire meeting may be downloaded from the website. (Portions of the Supplemental Minute Record audio or videotape recording may be distorted due to equipment malfunction or other uncontrollable factors.)

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City Council Agenda Item ReportDate: Tuesday, July 3, 2018

Agenda Item No. 2018-382-Contact: Ann Miller

Subject: Adoption of a Resolution on the second reading authorizing a PerformanceAgreement between the Buda Economic Development Corporation andProject ACE (EDC Director Ann Miller)

1. Executive Summary

2. Background/History

3. Staff's review and analysis

4. Financial Impact

5. Summary/Conclusion

6. Pros and Cons

7. Alternatives

8. Recommendation

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City Council Agenda Item ReportDate: Tuesday, July 3, 2018

Agenda Item No. 2018-385-Contact: Chance Sparks

Subject: Adoption of the second reading of an Ordinance pertaining to updates of theCity's adopted International Code Council Codes to the 2015 Edition,amending Chapter 6, Articles 6.01, 6.02 and 6.03 and Chapter 10, Article 10.03;adopting certain international codes and making amendments thereto;providing for severability; repealing conflicting ordinances; establishingpenalties; and providing an effective date (Assistant City Manager ChanceSparks)

1. Executive SummaryThis an action item to consider updates to the City's building codes following the workshop that tookplace on June 5th. The City of Buda is currently under the 2012 edition of the International CodeCouncil (ICC) family of building codes with the exception of the Energy Conservation Code, which isalready updated to the 2015 edition. Building codes are adopted by reference, with localamendments as needed.

The update of the codes also affects the City's nuisance ordinances, as for efficiency many of thoseprovisions are consolidated into the Property Maintenance Code portion of the ICC Codes. Inaddition, staff will be processing an amending to the junked vehicle regulations (part of thenuisance regulations) to reflect changes in state & case law under a separate related ordinance andagenda item.

City Council approved the first reading unanimously on June 19th.

2. Background/HistoryBuilding-related codes are enabled through a variety of state laws and rules, including:34 Texas Administrative Code Chapter 1928 Texas Administrative Code Chapter 3422 Texas Administrative Code Chapter 36716 Texas Administrative Code Chapter 7016 Texas Administrative Code Chapter 7316 Texas Administrative Code Chapter 9Texas Local Government Code Chapter 233Texas Local Government Code Chapter 214 20

Texas Health & Safety Code Chapter 242 Texas Health & Safety Code Chapter 252Texas Health & Safety Code Chapter 388Texas Natural Resources Code Chapter 91Texas Occupations Code Chapter 1202Texas Occupations Code Chapter 1302Texas Occupations Code Chapter 1301Texas Insurance Code Chapter 2210

Cities in Texas typically adopt the International Code Council (ICC) family of codes. Much like theUnified Development Code, the ICC codes are designed to work together as a package. Cities typicallyadopt local amendments to these codes with adoption. These local amendments often "fill in blanks"in administrative processes, tailor the ICC to fit state laws & state case law, and make certain codemodifications based on local issues. Smaller cities, like Buda, typically refrain from being on thebleeding edge of ICC code releases. This is because larger jurisdictions have the capacity toessentially "beta test" the codes and develop amendments based on their experiences. Likewise,these larger cities have the most diverse array of building types going through permitting, affordingthem the exposure to identify amendment needs. For example, some larger cities are adopting the2018 edition of the ICC. Buda is selecting the 2015 edition. This decision is also based on someissues identified by others that the City anticipates being corrected in a future 2021 edition. Mostcities in the central Texas region are using the 2015 ICC codes.

The International Organization for Standardization (ISO) is involved with building codes as part ofits rating systems, using the Building Code Effectiveness Grading Schedule (BCEGS). It assesses thebuilding codes in effect in a particular community and how the community enforces its buildingcodes, with special emphasis on mitigation of losses from natural hazards. The concept is simple:municipalities with well-enforced, up-to-date codes should demonstrate better loss experience, andinsurance rates can reflect that. The prospect of lessening catastrophe-related damage andultimately lowering insurance costs provides an incentive for communities to enforce their buildingcodes rigorously — especially as they relate to windstorm and earthquake damage. The anticipatedupshot: safer buildings, less damage, and lower insured losses from catastrophes.

The BCEGS program assigns each municipality a BCEGS grade of 1 (exemplary commitment tobuilding code enforcement) to 10. ISO develops advisory rating credits that apply to ranges of BCEGSclassifications (1-3, 4-7, 8-9, 10). ISO gives insurers BCEGS classifications, BCEGS advisory credits,and related underwriting information.

Buda is currently has a conditioned assessment from ISO based upon Buda updating its buildingcodes to the 2015 edition.

3. Staff's review and analysisStaff developed the code adoption language and amendments through direct research with theBuilding Officials Association of Texas, National Association of Home Builders, NationalMultifamily Housing Council, National Apartment Association and the Building Owners andManagers Association. In addition, direct local outreach was conducted with the Greater AustinHome Builders Association as well as area building departments. Finally, the city attorney's officewas consulted in order to draft new language to properly reflect Buda's practices, best practices forenforcement and due process. Involvement of the city attorney's office throughout the developmentof the amendment is important, as this creates a stronger foundation for future amendments.

For ease of review, two memos are attached discussing residential codes and commercial codes,respectively. The memos are structured in similar fashion, providing an overview of high-levelchanges between the 2012 and 2015 ICC editions, outline of local amendments, cost analysis of the 21

changes (relying on 3rd party data), and then a detailed listing of changes.

It is notable that the 2015 edition of the ICC codes represents the first time in history that theNational Association of Home Builders, National Multifamily Housing Council, National ApartmentAssociation and the Building Owners and Managers Association encouraged state and localjurisdictions to consider adoption. This indicates that the changes are perceived positively from thebuilding construction industry in addition to the building regulatory industry.

4. Financial ImpactStaff does not anticipate substantial financial impact to the City resulting from this transition. Thesteps & effort required of building permit review & inspections remains substantially unaltered,with the only changes being application of regulations. Most building code trainings have alreadytransitioned to the 2015 codes. Most constructors and architects have already transitioned to the2015 codes due to their prevalence elsewhere in the region.

5. Summary/ConclusionThis ordinance, if adopted, updates all codes related to building construction, building operationsand property maintenance to the 2015 edition of the ICC Codes, consistent with other regionaljurisdictions. It achieves greater efficiencies in code organization as well as changed businesspractices of the City, and addresses a number of local, regional and national issues. It has beenextensively reviewed by the city attorney in coordination with city building staff.

6. Pros and ConsN/A - discussed within the attached memos

7. AlternativesUpdate of the ICC Codes affecting building construction, operation and property maintenance inBuda is a discretionary action of City Council. The City Council may consider approval as presented,approval with modifications, tabling pending receipt of additional information specified, ordeclining to approve by failure of motion or no motion.

8. RecommendationStaff recommends the City Council consider approval of the ordinance.

City Council approved the first reading unanimously on June 19th.

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ORDINANCE NO. _____-___

AN ORDINANCE OF THE CITY OF BUDA, TEXAS, AMENDING CHAPTER SIX, ARTICLES 6.01, 6.02 AND 6.03 AND CHAPTER 10, ARTICLE 10.03; ADOPTING CERTAIN INTERNATIONAL CODES AND MAKING AMENDMENTS THERETO; PROVIDING FOR SEVERABILITY; REPEALING CONFLICTING ORDINANCES; ESTABLISHING PENALTIES; AND PROVIDING AN EFFECTIVE DATE.

WHEREAS, the Texas Local Governmental Code empowers the City to enact building codes and regulations and provide for their administration, enforcement, and amendment; and, WHEREAS, the regulation of building and building construction by the City of Buda is necessary to protect the public health and welfare; and, WHEREAS, the City of Buda deems it necessary to adopt such codes and regulations; NOW THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF BUDA, TEXAS: Section 1: The facts and recitations set forth in the preamble of this ordinance are hereby found to be true and correct. Section 2: The City of Buda Code of Ordinances is hereby amended by deleting article 6.01 of chapter 6 thereof and substituting therefor new article 6.01 of chapter 6 to provide as follows:

CHAPTER 6 BUILDING REGULATIONS

ARTICLE 6.01 GENERAL PROVISIONS

DIVISION 1. GENERALLY

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Sec. 6.01.001 Enforcement and Orders

(a) City manager authority. The city manager or his designee shall be charged with enforcing the provisions of this chapter.

(b) Building and code officials. When the terms "building official" or "code official" are used in this chapter or any technical code as adopted and amended herein, such terms shall mean the building official, except when used in the Property Maintenance Code of the City of Buda, Texas, such terms shall mean the code official.

(c) Unauthorized tampering. Signs, tags or seals posted or affixed by the building official or code official shall not be mutilated, destroyed or tampered with, or removed without authorization from the building official or code official, as applicable.

(d) It shall be unlawful for the owner of any building, dwelling unit or structure who has received a compliance order or upon whom a notice of violation has been served to sell, transfer, mortgage lease or otherwise dispose of such building, dwelling unit or structure to another until the provisions of the compliance order or notice of violation have been complied with, or until such owner shall first furnish the grantee, transferee, mortgagee or lessee a true copy of any compliance order or notice of violation issued by the building or code official and shall furnish to the building or code official a signed and notarized statement from the grantee, transferee, mortgagee or lessee, acknowledging the receipt of such compliance order or notice of violation.

Sec. 6.01.002 Appointments

(a) The building official shall be appointed by the city manager. The city manager or his/her designee shall have the sole discretion without cause to reconfigure, reassign re-delegate or dissolve the position of the building official.

(b) The city manager shall have the authority to appoint technical officers, inspectors, plan examiners and other employees as may be necessary to enforce the provisions of this chapter. Such employees shall have powers as delegated by the city manager.

Sec. 6.01.003 Fees

The amount of any fee created in this chapter or referenced in the technical codes shall be in the amount specified in the schedule of fees adopted by the city council and attached to this code as appendix A.

Sec. 6.01.004 Violation and penalty

(a) Any person who violates any provision of this chapter, including any technical code or any amendment thereto as adopted herein, or who fails to comply with any order, decision or determination of the city manager, the building official, the code official or the construction board of appeals, or any person who owns, occupies or operates, as applicable, any real or personal property, or improvement, fixture or appurtenance thereto, in or on which a violation of this chapter exists, or any architect, builder, contractor, vendor or agent of such owner, occupier, or operator who may have committed or assisted in the commission of any violation of this chapter, shall be deemed guilty of a misdemeanor, and upon conviction thereof, shall be subject to a fine in an amount as set forth in section 1.01.009(b), and each day in which any violation shall occur, or each occurrence of any violation, shall constitute a separate offense.

(b) Except as provided in section 6.01.004(c), an offense under this chapter is punishable by a fine of not less than:

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(1) $250.00 for a first conviction;

(2) $500.00 for a second conviction of the same violation within any 12-month period;

(3) $1,000.00 for a third or subsequent conviction of the same violation within any 12-month period.

(c) Any person who shall perform any work regulated by this chapter after having been served with a stop work order to discontinue such work, excluding work the person is directed to perform by the building official to remove a violation or unsafe condition, shall be deemed guilty of a misdemeanor, and upon conviction thereof, shall be subject to a fine of not less than $500.00.

Sec. 6.01.005 Stop work orders

If the building official determines that any work regulated by this chapter is performed in violation of the provisions of this chapter or in a dangerous or unsafe manner, the building official may issue a stop work order to the owner of the property involved, to the owner’s agent, or to the person doing the work. Any such stop work order shall be in writing and shall state the conditions under which work is authorized to resume. Where an emergency exists, the building official may issue a verbal stop work order. Upon delivery of a stop work order to the owner of the property subject to the stop work order, to such owner's agent or to a person performing work subject to the stop work order, work covered by the order shall immediately cease. No person shall perform any work subject to a stop work order, except to cure a violation or to correct an unsafe condition.

Sec 6.01.006 Restrictions on employees In addition to the restrictions contained in the City Code of Ethics and employee handbook, employees of the building inspection division may not have a financial interest in any construction activity within the city limits or the city's extraterritorial jurisdiction. The term "construction activity" includes:

(1) The preparation of plans, specifications or cost estimates for any construction work;

(2) The furnishing of labor, materials or supplies for any construction work;

(3) The provision of maintenance or repair services, or replacement parts, supplies, equipment or appliances for any existing structure;

(4) The provision of construction consulting or project management services; and

(5) The provision of real estate inspection services. This restriction will not extend to an employee's interest in a residence owned and occupied by the employee as a homestead. An employee may not be involved in the plan review, permit issuance or inspections of any construction work on the employee's homestead. Sec 6.01.007 Certificate of insurance required for contractors A licensed contractor performing construction work in the city shall provide the City a copy of his or her State of Texas license, where applicable, along with a certificate of insurance that meets the requirements

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of this subsection. The City will not issue the applicable permit(s), until it receives the certificate of insurance. A certificate of insurance shall:

(1) be written by a company licensed to do business in the State of Texas;

(2) provide for commercial general liability insurance coverage for the builder for claims for property damage or bodily injury; and

(3) be in a coverage amount of not less than $300,000 for all claims arising in anyone (1) year period. This subsection of this ordinance does not alter the responsibility of any person performing any construction activity for damages to anyone or for performance of a contract. Neither the City nor any city officer or employee assumes any liability on the basis of an inspection activity or a license, certificate or permit issued pursuant to this ordinance. Sec 6.01.008 Building Accessibility Building accessibility standards and requirements are governed by the Americans with Disabilities Act (ADA), the Texas Accessibility Standards (TAS), and any provisions set forth in the codes as adopted herein. Unless otherwise noted herein, the minimum building accessibility standards shall be as provided in the ADA and/or TAS. Before a contractor applies for a permit for a building or structure subject to section 469.101 of the state Architectural Barriers Act, the contractor shall provide proof that he has registered the construction documents with the state Department of Licensing and Regulation. Proof of registration consists of the project registration number from the state Department of Licensing and Regulation.

DIVISION 2. APPEAL

Sec. 6.01.050. Appeal right and procedures

A person shall have the right to make an appeal of orders, decisions or determinations made pursuant to this chapter, except as otherwise provided herein. Such appeals shall be made to the construction board of appeals created pursuant to division 5 of chapter 1 of this Code in accordance with the procedures set forth therein.

Sec. 6.01.051. Administration

The building official shall take immediate action in accordance with the decision of the construction board of appeals. Section 3: The City of Buda Code of Ordinances is hereby amended by deleting article 6.02 of chapter 6 thereof and substituting therefore new article 6.02 of chapter 6 to provide as follows:

CHAPTER 6 BUILDING REGULATIONS

. . . .

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ARTICLE 6.02 TECHNICAL AND CONSTRUCTION CODES AND STANDARDS

Division 1. Generally Sec. 6.02.001 References to electrical code Any reference in any of the technical or construction codes adopted and amended by the city that refers to or mentions an electrical code other than the National Electrical Code is hereby amended to refer to the National Electrical Code adopted and amended by the city. Sec. 6.02.002 Adoption of codes by reference All of the regulations, provisions, penalties, conditions and terms of the codes adopted by this article, as revised and amended herein, are hereby referred to, adopted, and made a part hereof, as if fully set out in this article. Sec. 6.02.003 Public availability of adopted codes The city manager shall purchase one copy of the codes adopted by this article, which he/she shall keep on file in the city hall and make available to the public for inspection and copying, subject to all applicable copyright laws. Sec. 6.02.004 Conflict Unless otherwise noted, any adopted technical and construction codes and amendments thereto shall be subordinated to any City of Buda Code of Ordinance(s), state and/or federal law(s). Should any area or provision come under conflict, the stricter shall prevail. Should any City of Buda Code of Ordinance be silent on any area or provision related to designing, building, constructing, or maintaining of any and all applicable structures, the technical and construction codes shall prevail. Sec 6.02.009 Applicability Nothing within this code shall be construed as limiting the application and enforcement of this code in areas such as the city limits and extra-territorial jurisdiction (ETJ) as may be allowed by local, state, or federal laws, ordinances, or codes.

Division 2. Building Code Sec. 6.02.051 Adopted The International Building Code, 2015 edition, and Appendices A, C, D, G, H, I, J and K as published by the International Code Council, Inc. are hereby adopted and made a part of this chapter, except as amended in Section 6.02.052. Sec. 6.02.052 Amendments The International Building Code, 2015 edition and appendices as adopted in section 6.02.051 are hereby amended as follows:

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(1) Subsection 101.1 is hereby deleted and replaced with the following:

101.1 Title. These regulations shall be known as the Building Code of the City of Buda, Texas, hereinafter referred to as "this code."

(2) Subsection 101.4.3 is hereby deleted and replaced with the following:

101.4.3 Plumbing. The provisions of the Plumbing Code of the City of Buda, Texas, shall apply to the installation, alteration, repair and replacement of plumbing systems, including equipment, appliances, fixtures, fittings and appurtenances, and where connected to a water or sewage system and all aspects of a medical gas system.

(3) Section 103 is hereby deleted.

(4) Subsection 105.1 is hereby deleted and replaced with the following:

105.1 Required. Any owner or authorized agent who intends to construct, enlarge, alter, repair, move, demolish, or change the occupancy classification of a building or structure, or to erect, install, enlarge, alter, repair, remove, convert or replace any electrical, gas, mechanical or plumbing system, the installation of which is regulated by this code, or to cause any such work to be done, shall first make application to the building official and obtain the required permit. If the owner is to do the work him or herself, then the owner shall provide proof to the building official stating that he or she owns and presently occupies the building as his or her homestead.

An application for a building permit is required for property within the City limits, for property located in the City's extraterritorial jurisdiction that is part of a development agreement, or for property connected to the City’s water or wastewater system, prior to placement, construction or alteration of a building or structure. Approval of an application for a building permit authorizes the property owner to construct, alter or place a structure on the lot, tract or parcel. Approval of an application for a building permit also authorizes the property owner, upon completion of a structure intended for human occupancy, to make application for a certificate of occupancy.

(5) Subsection 105.2 is hereby deleted and replaced with the following:

105.2 Work exempt from permit. Exemptions from permit requirements of this code shall not be deemed to grant authorization for any work to be done in any manner in violation of the provisions of this code or any other laws or ordinances of this jurisdiction. Permits shall not be required for the following:

Building: 1. One-story detached accessory structures used as tool and storage sheds, play houses and

similar uses, provided the floor area does not exceed 251 square feet. 2. Fences not over 7 feet (2134mm) high. 3. Oil derricks. 4. Retaining walls that are not over 4 feet 91219mm) in height measured from the bottom of the

footing to the top of the wall, unless supporting a surcharge or impounding Class I, II or IIIA liquids.

5. Water tanks supported directly on grade if the capacity is not greater than 5,000 gallons (18 925 L) and the ration of height to diameter or width is not greater than 2:1.

6. Sidewalks and driveways not more than 30 inches (762 mm) above adjacent grade, and not over any basement or story below and are not part of an accessible route.

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7. Painting, papering, tiling, carpeting, cabinets, counter tops and similar finish work. 8. Temporary motion picture, television and theater stage sets and scenery. 9. Prefabricated swimming pools accessory to a Group R-3 occupancy that are less than 24

inches (610 mm) deep, are not greater than 5,000 gallons (18 925L) and are installed entirely above ground.

10. Shade cloth structures constructed for nursery or agricultural purposes, not including service systems.

11. Swings and other playground equipment accessory to detached one- and two-family dwellings.

12. Window awnings in Group R-3 and U occupancies, supported by an exterior wall that do not project more than 54 inches (1372 mm) from the exterior wall and do not require additional support.

13. Nonfixed and movable fixtures, cases, racks, counters and partitions not over 5 feet 9 inches (1753 mm) in height.

Electrical:

Repairs and maintenance: Minor repair work, including the replacement of lamps or the connection of approved portable electrical equipment to approved permanently installed receptacles.

Radio and television transmitting stations: The provisions of this code shall not apply to electrical equipment used for radio and television transmissions but do apply to equipment and wiring for a power supply and to the installation of towers and antennas.

Temporary testing systems: The installation of any temporary system required for the testing or servicing of electrical equipment or apparatus.

Gas:

1. Portable heating appliance.

2. Replacement of any minor part that does not alter approval of equipment or make such equipment unsafe.

Mechanical:

1. Portable heating appliance.

2. Portable ventilation equipment.

3. Portable cooling unit.

4. Steam, hot or chilled water piping within any heating or cooling equipment regulated by this code.

5. Replacement of any part which does not alter its approval or make it unsafe.

6. Portable evaporative cooler.

7. Self-contained refrigeration system containing ten pounds (4.54 kg) or less of refrigerant and actuated by motors of one horsepower (0.75 kW) or less.

Plumbing:

1. The stopping of leaks in drains, water, soil, waste or vent pipe, provided, however, that if any concealed trap, drain pipe, water, soil, waste or vent pipe becomes defective and it becomes

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necessary to remove and replace the same with new material, such work shall be considered as new work and a permit shall be obtained and inspection made as provided in this code.

2. The clearing of stoppages in pipes, valves or fixtures, provided such repairs do not involve or require the replacement or rearrangement of valves, pipes, or fixtures.

3. The replacement of lavatory or kitchen faucets, provided the plumbing fixture is not relocated or will require additional plumbing to be added to the existing system.

4. The replacement of ballcocks or water control valves, unless said control valves are required for water protection against cross contamination or back siphon-age such as atmospheric pressure breakers, vacuum pressure breakers, double check assemblies, or reduced pressure zone devices.

5. The replacement of garbage disposals.

6. The replacement of water closets.

105.2.1 Emergency repairs. Where equipment replacements and repairs must be performed in an emergency situation, the permit application shall be submitted within the next working business day to the building official.

105.2.2 Repairs. Application or notice to the building official is not required for ordinary repairs to structures, replacement of lamps or the connection of approved portable electrical equipment to approved permanently installed receptacles. Such repairs shall not include the cutting away of any wall, partition or portion thereof, the removal or cutting of any structural beam or load-bearing support, or the removal or change of any required means of egress, or rearrangement of parts of a structure affecting the egress requirements; nor shall ordinary repairs include addition to, alteration of, replacement or relocation of any standpipe, water supply, sewer, drainage, drain leader, gas, soil, waste, vent or similar piping, electric wiring or mechanical or other work affecting public health or general safety.

105.2.3 Public service agencies. A permit shall not be required for the installation, alteration or repair of generation, transmission, distribution or metering or other related equipment that is under the ownership and control of public service agencies by established right.

(6) New Subsection 105.8 is hereby added to read as follows:

105.8 Homestead. A permit shall not be required for work on a homestead, provided the owner provides proof to the building official stating that he/she owns and presently occupies the existing building as his/her homestead and certifies he/she will do the work with his/her own hands; however, in no circumstance shall work create or constitute a danger to life or safety.

(7) New Subsection 107.2.1.1 is hereby added to read as follows:

107.2.1.1 Any documents prepared by or required to be prepared by a licensed or registered design professional shall bear the professional's seal. The seal shall bear the professional's name and the legend "Licensed Professional Engineer," "Registered Professional Engineer." "Registered Architect" or “Certified Professional Building Designer.”

(8) New Subsections 107.3.4.2, 107.3.4.3, and 107.3.4.4 are hereby added to read as follows:

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107.3.4.2 The design professional shall be an architect or engineer legally licensed or registered under the Texas statutes that regulate the practice of architecture or engineering, as applicable.

107.3.4.3 In addition to the state law that requires certain types of buildings to be designed by a registered design professional, privately owned buildings with classifications A, B, F, S, E, H, M, R-1, R-2, R-4, I and U occupancies shall be designed by registered design professionals. Where special conditions exist, the building official is authorized to require additional construction documents to be prepared by a registered design professional or waive requirements.

Exceptions. The following shall not require design by a registered design professional: 1. A new application for a certificate of occupancy, provided the new occupancy is remaining in the same risk category of the previous use or changing to lower risk category from the previous use. 2. A finish-out occupancy with an occupant load under 50 persons for any classification except S-1, F-1, H-1, H-2, H-3, H-4 and H-5. 3. Any occupancy under 750 square feet except S-1, F-1, H-1, H-2, H-3, H-4 and H-5. 4. A low hazard building classification of S-2 or F-2 under 2,000 square feet.

The above exceptions to the requirements for professionally prepared and sealed plans do not apply to projects which have been rejected by the building official three times. The fourth and all subsequent submittals for such projects shall be designed by registered design professionals and shall bear such registered professional’s seal.

107.3.4.4 The building official may accept a sworn affidavit from a registered architect or engineer stating that the plans submitted conform to the technical codes. For buildings and structures, the affidavit shall state that the plans conform to the laws as to egress, type of construction and general arrangement and, if accompanied by drawings, show the structural design and that the plans and design conform to the requirements of the technical codes as to strength, stresses, strains, loads and stability. The building official may without any examination or inspection accept such affidavit, provided the architect or engineer who made such affidavit agrees to submit to the building official copies of inspection reports as inspections are performed, and upon completion of the structure, electrical, gas, mechanical, and plumbing systems, a certification that the structure, electrical, gas, mechanical, and plumbing system has been erected in accordance with the requirements of the city's adopted codes. Where the building official relies upon such affidavit, the architect or engineer assures and assumes full responsibility for the compliance with all provisions of the technical codes and other pertinent laws or ordinances.

(9) Subsection 108.2 is hereby deleted and replaced with the following:

108.2 Conformance. Temporary structures and uses shall conform to the structural strength, fire safety, means of egress, accessibility, light, ventilation and sanitary requirements of this code and any and all applicable ordinances, regulations and technical codes adopted by the city, as necessary to ensure the public health, safety and general welfare.

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(10) Subsection 109.6 is hereby deleted and replaced with the following: 109.6 Fee refunds. The code official shall authorize the refunding of fees as follows:

1. The full amount of any fee paid hereunder that was erroneously paid or collected. 2. Fifty percent (50%) of the permit fee paid where work has not been done under a permit

issued in accordance with this code. 3. Fifty percent (50%) of the plan review fee paid where an application for a permit for which

a plan review fee has been paid is withdrawn or canceled before any plan review effort has been expended.

(11) Subsection 111.1 is hereby deleted and replaced with the following:

111.1 Use and occupancy. A building or structure shall not be used or occupied, and a change in the existing use or occupancy classification of a building or structure or portion thereof shall not be made, until the building official has issued a certificate of occupancy therefor as provided herein. Issuance of a certificate of occupancy shall not be construed as an approval of a violation of the provisions of this code or of other ordinances of the jurisdiction. Exception: Certificates of occupancy are not required for work exempt from permits in accordance with Section 105.2.

111.1.1. No certificate of occupancy will be issued until the city has been fully paid all fees and costs that are related to the building or structure. The fees and costs include those related to the infrastructure of the building, such as impact fees and fees for the installation of water meter and water and wastewater connections. 111.1.2. Before utility service to a non-residential building is initiated for a new owner, occupant or tenant, the owner, occupant or tenant shall apply for and obtain a new certificate of occupancy from the building inspection division. 111.1.3 It is unlawful for a builder, building contractor, or building owner to allow any person to occupy a building until a certificate of occupancy is issued. Occupancy without an active certificate of occupancy will be subject to the penalty provisions of this charter.

(12) New Subsection 112.1.1 is hereby added:

112.1.1 It is unlawful for a building owner or occupant to institute utility service to any non- residential structure or transfer utility service from one account holder to another occupant or tenant until the utility service provider has received a utility release from the City based upon the issuance of a certificate of occupancy for the structure, occupancy or use.

(13) Section 113 is hereby deleted.

(14) Subsections 114.2, 114.3, and 114.4 are hereby deleted. 32

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(15) Section 115 is hereby deleted. (16) Section 116 is hereby deleted.

(17) Subsection 905.8 is hereby deleted and replaced with the following:

905.8 Dry standpipes. Dry standpipes are prohibited unless approved by the fire code official. The fire code official is authorized to approve dry standpipes where access to a portion of a single-story building at grade level is limited by the location on property, topography, waterways, nonnegotiable grades or other similar conditions and the dry standpipe hose connections are to be installed on the exterior only and at grade level adjacent to an access door.

(18) New Subsection 907.5.3 is hereby added to provide as follows:

907.5.3 Evacuation. Upon activation of a fire alarm notification system, all occupants of the structure for which such activation occurred shall evacuate and shall remain outside the structure until the appropriate fire official has determined that no fire or danger exists.

(19) Section 1612.3 is hereby deleted and replaced with the following:

1612.3 Establishment of flood hazard areas. To establish flood hazard areas, the applicable governing authority shall adopt a flood hazard map and supporting data. The flood hazard map shall include, at a minimum, areas of special flood hazard as identified by the Federal Emergency Management Agency in an engineering report entitled “The Flood Insurance Study for City of Buda, Texas,” dated October 5, 2004, as amended or revised with the accompanying Flood Insurance Rate Map (FIRM) and Flood Boundary and Floodway Map (FBFM) and related supporting data along with any revisions thereto. The adopted flood hazard map and supporting data are hereby adopted by refence and declared to be part of this section.

1612.3.1 Design flood elevations. Where design flood elevations are not included in the flood hazard areas established in Section 1612.3, or where floodways are not designated, the building official is authorized to require the applicant to:

1. Obtain and reasonably utilize any design flood elevation and floodway data available

from a federal, state or other source; or 2. Determine the design flood elevation and/or floodway in accordance with accepted

hydrologic and hydraulic engineering practices used to define special flood hazard areas. Determinations shall be undertaken by a registered design professional who shall document that the technical methods used reflect currently accepted engineering practice.

1612.3.2 Determination of impacts. In riverine flood hazard areas where design flood elevations are specified but floodways have not been designated, the applicant shall provide a floodway analysis that demonstrates that the proposed work will not increase the design flood elevation more than 1 foot (305 mm) at any point within the jurisdiction of the applicable governing authority.

(20) Sections G104 and G105 of Appendix G are hereby deleted.

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Division 3. Energy Conservation Code

Sec. 6.02.101 Adopted The International Energy Conservation Code, 2015 edition, and all Appendices thereto as published by the International Code Council, Inc. are hereby adopted and made a part of this chapter, except as amended in Section 6.02.102. Sec. 6.02.102 Amendments The International Energy Conservation Code, 2015 edition and appendices as adopted in section 6.02.101 are hereby amended as follows: (1) Subsection C101.1 is hereby deleted and replaced with the following:

C101.1 Title. The commercial provisions of the International Energy Conservation Code shall be known as the Commercial Energy Conservation Code of the City of Buda, Texas, hereinafter referred to as “this code.”

(2) Subsection C101.5 is hereby deleted and replaced with the following:

C101.5 Compliance. Residential buildings, except single-family residential construction, shall meet the provisions of the Residential Energy Conservation Code of the City of Buda, Texas. The energy efficiency chapter of the Residential Code for One- and Two-family Dwellings of the City of Buda, Texas applies to single-family residential construction. Commercial buildings shall meet the provisions of the Commercial Energy Conservation Code of the City of Buda, Texas.

C101.5.1 Compliance materials. The code official shall be permitted to approve specific computer software, worksheets, compliance manuals and other similar materials that meet the intent of this code.

(3) Subsection C104.2 is hereby deleted and replaced with the following:

C104.2 Required approvals. Work shall not be done beyond the point indicated in each successive inspection as set forth in Sections C104.2.1 through C104.2.6 without first obtaining the approval of the code official. The holder of the permit shall obtain an inspection of such work by a person qualified to inspect such work. Such person qualified to inspect such work shall prepare a report that shall indicate the portion of the construction that is satisfactory as completed or shall indicate wherein the same fails to comply with this code. Such report shall be submitted to the code official. The code official shall notify the permit holder or his agent of such satisfactory construction or of such construction that fails to comply with this code. Any portions of the work that do not comply with this code shall be corrected, and such portions shall not be covered or concealed until authorized by the code official.

C104.2.1 Footing and foundation inspection. Inspections associated with footing and foundations shall verify compliance with the code as to R-value, location, thickness, depth of burial and protection of insulation as required by the code and approved plans and specifications.

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C104.2.2 Framing and rough-in inspection. Inspections at framing and rough-in shall be made before application of interior finish and shall verify compliance with the code as to types of insulation and corresponding R-values and their correct location and proper installation; fenestration properties (U-factor, SHGC and VT) and proper installation; and air leakage controls as required by the code and approved plans and specifications. C104.2.3 Plumbing rough-in inspection. Inspections at plumbing rough-in shall verify compliance as required by the code and approved plans and specifications as to types of insulation and corresponding R-values and protection; required controls; and required heat traps. C104.2.4 Mechanical rough-in inspection. Inspections at mechanical rough-in shall verify compliance as required by the code and approved plans and specifications as to installed HVAC equipment type and size; required controls, system insulation and corresponding R-value; system and damper air leakage; and required energy recovery and economizers. C104.2.5 Electrical rough-in inspection. Inspections at electrical rough-in shall verify compliance as required by the code and approved plans and specifications as to installed lighting systems, components and controls; and installation of an electric meter for each dwelling unit. C104.2.6 Final inspection. The building shall have a final inspection and shall not be occupied until approved. The final inspection shall include verification of the installation and proper operation of all required building controls, and documentation verifying activities associated with required building commissioning have been conducted and findings of noncompliance corrected. Buildings, or portions thereof, shall not be considered for a final inspection until the code official has received a letter of transmittal from the building owner acknowledging that the building owner has received the Preliminary Commissioning Report as required by Section C408.2.4.

(4) Subsection 107.5 is hereby deleted and replaced with the following:

107.5 Fee refunds. The code official shall authorize the refunding of fees as follows:

1. The full amount of any fee paid hereunder that was erroneously paid or collected. 2. Fifty percent (50%) of the permit fee paid where work has not been done under a permit

issued in accordance with this code. 3. Fifty percent (50%) of the plan review fee paid where an application for a permit for which

a plan review fee has been paid is withdrawn or canceled before any plan review effort has been expended.

(5) Sections C108 and C109 are hereby deleted.

(6) New Subsection C407.4.1.1 is hereby added:

C407.4.1.1. Such reports shall be prepared by the following qualified individuals:

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1. ICC Certified Individual with certificate designation 78 (Commercial Energy Plans Examiner) or 77 (Commercial Energy Inspector) 2. Registered Design Professional bearing a seal applicable to the State where the project will be constructed.

a. Reports will be required to bear a digital seal and signature or wet seal and signature.

3. RESNET or BPI certified individual. 4. Any other representative approved by the AHJ or Code Official.

(7) Subsection C501.6 is hereby deleted and replaced with the following:

C501.6 Historic buildings. No provisions of this code relating to the construction, repair, alteration, restoration and movement of structures, and change of occupancy shall be mandatory for historic buildings provided a report has been submitted to the code official and signed by a registered design professional, a representative of the State Historic Preservation Office or of the historic preservation authority having jurisdiction, or the City of Buda Historic Preservation Officer, demonstrating that compliance with that provision would threaten, degrade or destroy the historic form, fabric or function of the building.

(8) Subsection R101.1 is hereby deleted and replaced with the following:

R101.1 Title. The residential provisions of the International Energy Conservation Code shall be known as the Residential Energy Conservation Code of the City of Buda, Texas, hereinafter referred to as "this code."

(9) Subsection R101.2 is hereby deleted and replaced with the following:

R101.2 Scope. This code applies to residential buildings, except for single-family residential construction, and their building sites and associated systems and equipment. The energy efficiency chapter of the Residential Code for One- and Two-family Dwellings of the City of Buda, Texas applies to single-family residential construction.

(10) Subsection R101.5 is hereby deleted and replaced with the following:

R101.5 Compliance. Residential buildings, except single-family residential construction, shall meet the provisions of the Residential Energy Conservation Code of the City of Buda, Texas. The energy efficiency chapter of the Residential Code for One- and Two-family Dwellings of the City of Buda, Texas applies to single-family residential construction. Commercial buildings shall meet the provisions of the Commercial Energy Conservation Code of the City of Buda, Texas.

(11) Subsection R104.2 is hereby deleted and replaced with the following:

R104.2 Required approvals. Work shall not be done beyond the point indicated in each successive inspection without first obtaining the approval of the code official. The holder of the permit shall obtain an inspection of such work by a person qualified to inspect such work. Such person qualified to inspect such work shall prepare a report that shall indicate the portion of the construction that is satisfactory as completed or shall indicate wherein the same fails to comply with this code. Such

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report shall be submitted to the code official. The code official shall notify the permit holder or his agent of such satisfactory construction or of such construction that fails to comply with this code. Any portions of the work that do not comply with this code shall be corrected and such portions shall not be covered or concealed until authorized by the code official.

(12) Sections R108 and R109 are hereby deleted.

Division 4. Fuel Gas Code Sec. 6.02.151 Adopted The International Fuel Gas Code, 2015 edition, and Appendices A, B, C and D thereto as published by the International Code Council, Inc. are hereby adopted and made a part of this chapter, except as amended in Section 6.02.152. Sec. 6.02.152 Amendments The International Fuel Gas Code, 2015 edition and appendices as adopted in section 6.02.151 are hereby amended as follows: (1) Subsection 101.1 is hereby deleted and replaced with the following:

101.1 Title. These regulations shall be known as the Fuel Gas Code of the City of Buda, Texas, hereinafter referred to as "this code."

(2) Section 103 is hereby deleted.

(3) New Subsection 106.3.3 is hereby added:

106.3.3 Permits; licensing

(a) A person applying for a plumbing permit shall be:

(1) A State of Texas licensed master plumber; or (2) Exempt under state law from the licensing requirement.

(b) If applicable, a state licensed master plumber shall register with the City in accordance with the city’s registration policy and shall show proof of the license before any work is performed within the City.

If a building owner is claiming an exemption under state law because he or she is planning to do the work him or herself, then the owner shall provide proof to the building official stating he or she owns the building as his or her homestead.

(4) Subsection 106.6.2 is hereby deleted and replaced with the following:

106.6.2 Fee schedule. The fees for work shall be as indicated the schedule of fees adopted by the city council and attached to the Code of Ordinances as appendix A.

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(5) Subsection 106.6.3 is hereby deleted and replaced with the following:

106.6.3 Fee refunds. The code official shall authorize the refunding of fees as follows:

1. The full amount of any fee paid hereunder that was erroneously paid or collected. 2. Fifty percent (50%) of the permit fee paid where work has not been done under a permit

issued in accordance with this code. 3. Fifty percent (50%) of the plan review fee paid where an application for a permit for which

a plan review fee has been paid is withdrawn or canceled before any plan review effort has been expended.

The code official shall not authorize the refunding of any fee paid, except upon written application filed by the original permittee not later than 180 days after the date of fee payment.

(6) Subsections 108.2, 108.3, 108.4 and 108.5 are hereby deleted. (7) Section 109 is hereby deleted.

Division 5. Mechanical Code

Sec. 6.02.201 Adopted The International Mechanical Code, 2015 edition, and Appendix A thereto as published by the International Code Council, Inc. are hereby adopted and made a part of this chapter, except as amended in Section 6.02.202. Sec. 6.02.202 Amendments The International Mechanical Code, 2015 edition and appendices as adopted in section 6.02.201 are hereby amended as follows: (1) Subsection 101.1 is hereby deleted and replaced with the following:

101.1 Title. These regulations shall be known as the Mechanical Code of the City of Buda, Texas, hereinafter referred to as "this code."

(2) Section 103 is hereby deleted.

(3) New Subsection 106.3.4 is hereby added:

106.3.4 Permits; licensing

(a) A person applying for a mechanical permit shall be: (1) A State of Texas licensed air conditioning and refrigeration contractor; or (2) Exempt under state law from the licensing requirement.

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(b) A state licensed air conditioning and refrigeration contractor shall register with the City in

accordance with the city’s registration policy and shall show proof of the license before any work is performed within the City.

(c) If a building owner is claiming an exemption under state law because he or she is planning

to do the work him or herself, then the owner shall provide proof to the building official stating he or she owns the building as his or her homestead.

(4) Subsection 106.5.2 is hereby deleted and replaced with the following:

106.5.2 Fee schedule. The fees for work shall be as indicated the schedule of fees adopted by the city council and attached to the Code of Ordinances as appendix A.

(5) Subsection 106.5.3 is hereby deleted and replaced with the following:

106.5.3 Fee refunds. The code official shall authorize the refunding of fees as follows:

1. The full amount of any fee paid hereunder which was erroneously paid or collected. 2. Fifty percent (50 %) of the permit fee paid where work has not been done under a permit

issued in accordance with this code. 3. Fifty percent (50 %) of the plan review fee paid where an application for a permit for which

a plan review fee has been paid is withdrawn or canceled before any plan review effort has been expended.

The code official shall not authorize the refunding of any fee paid, except upon written application filed by the original permittee no later than 180 days after the date of fee payment.

(6) Subsections 108.2, 108.3, 108.4 and 108.5 are hereby deleted.

(7) Section 109 is hereby deleted.

(8) Subsection 507.2 is hereby deleted and replaced with the following:

507.2 Type I hoods. Type I hoods shall be installed where cooking appliances produce grease vapors. In addition, the following specified locations shall require a Type I hood:

1. Group E and I occupancies where commercial cooking appliances are used for any purpose; and

2. Group A occupancies, with an occupant load over 49 persons, where commercial cooking appliances are used for any purpose.

Exceptions:

1. A Type I hood shall not be required for an electric cooking appliance where an approved testing agency provides documentation that the appliance effluent contains five mg/m 3 or less of grease when tested at an exhaust flow rate of 500 cfm (0.236 m 3 /s) in accordance with UL 710B.

2. A Type I hood shall not be required where domestic or residential cooking appliances are installed and not used for commercial purposes.

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(9) Subsections 507.2.1 through 507.2.9 are retained and included in the Mechanical Code of the City of Buda, Texas.

Division 6. Plumbing Code

Sec. 6.02.281 Adopted The International Plumbing Code, 2015 edition, and Appendices B, C, D, and E thereto as published by the International Code Council, Inc. are hereby adopted and made a part of this chapter, except as amended in Section 6.02.282. Sec. 6.02.282 Amendments The International Plumbing Code, 2015 edition and appendices as adopted in section 6.02.281 are hereby amended as follows: (1) Subsection 101.1 is hereby deleted and replaced with the following:

101.1 Title. These regulations shall be known as the Plumbing Code of the City of Buda, Texas, hereinafter referred to as "this code."

(2) Section 103 is hereby deleted.

(3) New Subsection 106.3.4 is hereby added:

106.3.4 Permits; licensing

(a) A person applying for a plumbing permit shall be:

(1) A State of Texas licensed master plumber; or (2) Exempt under state law from the licensing requirement.

(b) If applicable, a state licensed master plumber shall register with the City in accordance with

the city’s registration policy and shall show proof of the license before any work is performed within the City.

(c) If a building owner is claiming an exemption under state law because he or she is planning

to do the work him or herself, then the owner shall provide proof to the building official stating he or she owns the building as his or her homestead.

(4) Subsection 106.6.2 is hereby deleted and replaced with the following:

106.6.2 Fee schedule. The fees for work shall be as indicated the schedule of fees adopted by the city council and attached to the Code of Ordinances as appendix A.

(5) Subsection 106.6.3 is hereby deleted and replaced with the following:

106.6.3 Fee refunds. The code official shall authorize the refunding of fees as follows:

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1. The full amount of any fee paid hereunder which was erroneously paid or collected. 2. Fifty percent (50%) of the permit fee paid where work has not been done under a permit

issued in accordance with this code. 3. Fifty percent (50%) of the plan review fee paid where an application for a permit for which

a plan review fee has been paid is withdrawn or canceled before any plan review effort has been expended.

The code official shall not authorize the refunding of any fee paid, except upon written application filed by the original permittee no later than 180 days after the date of fee payment.

(6) Subsections 108.2, 108.3, 108.4 and 108.5 are hereby deleted.

(7) Section 109 is hereby deleted.

(8) Subsection 305.4.1 is hereby deleted and replaced with the following:

305.4.1 Sewer depth. Building sewers that connect to private sewage disposal systems shall be installed not less than 12 inches below finished grade at the point of septic tank connection. Building sewers shall be installed not less than 12 inches below grade.

(9) Subsection 312.2 is hereby deleted and replaced with the following:

312.2 Rough plumbing. DWV systems shall be tested on completion of the rough piping installation by water or air with no evidence of leakage. Either test shall be applied to the drainage system in its entirety or in sections after rough piping has been installed, as follows:

1. Water test. Each section shall be filled with water to a point not less than 5 feet above the

highest fitting connection in that section, or to the highest point in the completed system. Water shall be held in the section under test for a period of 15 minutes. The system shall prove leak free by visual inspection.

2. Hydrostatic test. The portion under test shall be maintained at a gauge pressure of 3 pounds

per square inch (psi) using a 0–15 psi air test gauge assembly with 1/10th lb. increments. This pressure shall be held without introduction of additional air for a period of 15 minutes. The pipes shall be filled with water and the air portion is only used to achieve test pressure.

(10) Subsection 903.1 is hereby deleted and replaced with the following:

903.1 Roof extension. Open vent pipes that extend through a roof shall be terminated at least six inches above the roof. Where a roof is to be used for assembly or as a promenade, observation deck, sunbathing deck or similar purposes, open vent pipes shall terminate not less than seven feet above the roof.

(11) Chapter 13 is hereby deleted.

(12) Chapter 14 is hereby deleted.

Sec. 6.02.283 Fire sprinkler and irrigation system installation

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(a) It shall be unlawful for a person to perform any service as a fire sprinkler installer or irrigation

system installer without first registering and obtaining the necessary permits prior to installation.

(b) Backflow prevention assembly shall be installed on all irrigation systems and in accordance with the specifications as set forth by the Building Department.

Division 7. Property Maintenance Code

Sec. 6.02.331 Adopted The International Property Maintenance Code, 2015 edition, and Appendix A thereto as published by the International Code Council, Inc. are hereby adopted and made a part of this chapter, except as amended in Section 6.02.332. Sec. 6.02.332 Amendments The International Property Maintenance Code, 2015 edition and appendix as adopted in section 6.02.331 are hereby amended as follows: (1) Subsection 101.1 is hereby deleted and replaced with the following:

101.1 Title. These regulations shall be known as the Property Maintenance Code of the City of Buda, Texas, hereinafter referred to as "this code."

(2) Subsection 102.2 is hereby deleted and replaced with the following:

102.2 Maintenance. Equipment, systems, devices and safeguards required by this code or a previous regulation or code under which the structure or premises was constructed, altered or repaired shall be maintained in good working order. No owner, owner's authorized agent, operator or occupant shall cause any service, facility, equipment, or utility that is required under this section to be removed from, shut off from or discontinued for any occupied dwelling, except for such temporary interruption as necessary while repairs or alterations are in progress. The requirements of this code are not intended to provide the basis for removal or abrogation of fire protection and safety systems and devices in existing structures.

(3) Subsection 102.3 is hereby deleted and replaced with the following:

102.3 Application of other codes. Repairs, additions or alterations to a structure, or changes of occupancy, shall be done in accordance with the procedures and provisions of all codes adopted by the City of Buda, Texas.

(4) Section 103 is hereby deleted.

(5) Subsections 106.2, 106.3, and 106.4 are hereby deleted.

(6) Sections 107, 108, 109, 110, 111, and 112 are hereby deleted.

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(7) Section 202 is hereby amended by deleting the definition of "inoperable motor vehicle."

(8) Subsection 301.2 is hereby deleted and replaced with the following:

301.2 Responsibility. The owner and occupant are each responsible for maintaining the structures and exterior property in compliance with these requirements except as otherwise provide for in this code. The owner and occupant are each responsible for keeping in a clean sanitary and safe condition the interior of any dwelling unit, rooming unit, housekeeping unit or premises.

(9) Subsection 302.4 is hereby deleted. (10) A new Subsection 302.7.1 is hereby added to read as follows:

302.7.1 Fences. All fences shall be maintained structurally sound and in good repair. Any of the following conditions shall be constitute a violation of this Code: 1. Any fence, or any portion thereof, out of vertical alignment by more than fifteen (15)

degrees. 2. Rotted, fire damaged or broken wooden support posts or cross members. 3. Broken, fire damaged or missing wooden slats. 4. Broken or bent metal posts or torn, cut or ripped metal fencing materials. 5. Any fence, or any portion thereof, having loose bricks, stones, rocks, mortar, masonry, or

similar materials. (11) Subsection 302.8 is hereby deleted and replaced with the following:

302.8 Motor vehicles. Painting of vehicles is prohibited unless conducted inside an approved spray booth.

(12) Subsection 303.1 is hereby deleted and replaced with the following:

303.1 Swimming pools, spas and hot tubs. Swimming pools, spas and hot tubs shall be maintained in a clean and sanitary condition, and in good repair.

(13) Subsection 304.14 is hereby deleted and replaced with the following:

304.14 Insect screens. Outside openings, including, but not limited to, doors and windows, required for the ventilation of habitable rooms, food preparation areas, food service areas, or areas where products to be included or utilized in food for human consumption are processed, manufactured, packaged or stored shall be supplied with approved tightly fitting screens of not less than 16 mesh per inch (16 mesh per 25 mm), and every screen door used for insect control shall have a self-closing device in good working condition.

Exception: Screens shall not be required where other approved means, such as air curtains or insect repellent fans, are employed.

(14) Section 308 is hereby deleted and replaced with the following:

SECTION 308 UNSANITARY OR UNSIGHTLY CONDITIONS

308.1 Declaration of nuisance. Each condition prohibited by this section 308 is specifically declared to be a public nuisance, and as such, may be abated.

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308.2 Places where water may accumulate. It shall be unlawful for any person who shall own or occupy any lot or parcel of real property in the city to permit or allow holes or places on said lots or parcels of real property where water may accumulate and become stagnant, or to permit same to remain. 308.3 Accumulations of stagnant water. It shall be unlawful for any person who shall own or occupy any lot or parcel of real property in the city to permit or allow the accumulation of stagnant water thereon, or to permit same to remain. 308.4 Carrion, filth and other impure or unwholesome matter. It shall be unlawful for any person who shall own or occupy any house, building, establishment, lot, yard or parcel of real property in the city to permit or allow any carrion, filth, or other impure or unwholesome matter to accumulate or remain thereon. 308.5 Rubbish. It shall be unlawful for any person who shall own or occupy any lot or parcel of real property in the city to permit or allow the accumulation of rubbish unless such rubbish in completely enclosed in a building or not visible from a public street.

308.6 Weeds. Premises and exterior property shall be maintained free from weeds or plant growth in excess of 12 inches. Noxious weeks shall be prohibited. Weeds shall be defined as all grasses, annual plants and vegetation, other than trees or shrubs; provided, however, this term shall not include cultivated flowers and gardens.

308.7 Notice; removal or correction by city. (a) Should any owner of a lot or parcel of real property that has places thereon where stagnant

water may accumulate or which are not properly drained, or should any owner of any premises upon or building in which carrion, filth or other impure, or unwholesome matter may be, fail to drain or fill such hole or place in which water may accumulate or fail to remove such carrion, filth, or other impure or unwholesome matter, or fail to remove such rubbish, as the case may be, within ten (10) days after notice to said owner to do so, the city may do such draining, filling or removal, or cause the same to done and may pay therefor, and charge the expenses incurred in doing such work or having such work done to the owner of such lot or other parcel of real property or real estate, and if such work is done or improvements made at the expense of the city, such expense or expenses shall be assessed on such real property upon which such expense was incurred.

(b) Should any owner of any lot or parcel of real property within the city, who shall allow weeds to grow or accumulate thereon, fail to cut down and/or remove such weeds, within ten (10) days after notice to said owner to do so, the city may do such cutting down and/or removing of such weeds, or cause the same to be done and may pay therefor, and charge the expenses incurred in doing such work or having such work done to the owner of such lot or parcel of real property or real estate, and if such work is done or improvements made at the expense of the city then such expense shall be assessed on such real property upon which such expense was incurred.

(c) Such notice referenced above shall be given: (1) Personally to the owner in writing; (2) By letter addressed to the owner at the owner’s address as recorded in the appraisal

district’s records; or (3) If personal service cannot be obtained, notice may be given by:

(A) Publication at least once;

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(B) Posting the notice on or near the front door of each building on the property to which the violation relates; or

(C) Posting the notice on a placard attached to a stake driven into the ground on the property to which the violation relates, if the property contains no buildings.

(4) If a municipality mails a notice to a property owner in accordance with this subsection (b) and the United States Postal Service returns the notice as “refused” or “unclaimed”, the validity of the notice is not affected, and the notice is considered as delivered.

(d) Annual notice. After a property owner has been given one (1) notice of violation on a lot, tract, or parcel of land, annual notice may be given to the property owner. If the city opts to provide annual notice, such notice shall be mailed to the owner at the address recorded with the appraisal district and posted on the property. Once the city has given such annual notice, no further notice shall be required prior to abatement for that lot, tract, or parcel of land for a one-year period. If the city does not receive notice in a change of ownership, the city may abate any nuisance contained on the property covered by this article without further notice and assess expenses to the owner.

(e) Contents of notice. The notice of violation shall at a minimum contain the following: (1) The name of the owner, if known, of the premises proposed to be entered upon by the

city; (2) The address or legal description of the premises proposed to be entered upon by the city; (3) The offending conditions existing on the lot, tract or parcel of land; (4) A statement that the recipient has ten (10) days from the date of notice to correct the

violation, that if he/she fails to do so, the city will enter the premises and remedy the same, and that the city is entitled to attach a lien to the property to secure payment for services rendered; and

(5) A statement that the recipient is entitled to a hearing. (f) If annual notice is given, it shall state, in addition to the foregoing, that the city may enter upon

the premises to remedy any violation at thirty-day intervals during the year. (g) Owner requested work. In the event the owner of any such property requests that the city do

such work as is necessary in order to abate or prevent a violation of this article, then such request will negate the requirement for notification of violation by the city, and the city will have the same remedies as hereinafter set forth.

(h) Exception. Notwithstanding the foregoing provisions, the city may abate, without prior notice, any weeds that have grown to a height of forty-eight (48) inches and are an immediate danger to health, life, or safety of any person. In the event that the city abates weeds pursuant to this subsection, the requirements set forth in the Texas Health and Safety Code for such abatement shall govern.

308.8 Filing of statement of city’s expenses; lien. The mayor or building official of the city shall file a statement of such expenses incurred under this section, giving the amount of such expenses, and the date on which said work was done or improvements made, with the county clerk, and the city shall have a privileged lien on such lot or other parcel of real property or real estate upon which said work was done or improvements made to secure the expenditures so made, in accordance with the provisions of V.T.C.A., Health and Safety Code, chapter 342, which lien shall be second only to tax liens and liens for street improvements; and said amount shall bear ten percent (10%) interest from the date said statement was filed. It is further provided that for any such expenditures, and interest, as aforesaid, suit may be instituted and recovery and foreclosure of said lien may be had in the name of the city; and the statement of expenses so made, as aforesaid, or a certified copy thereof, shall be prima facie proof of the amount expended for such work or improvements.

(15) Subsections 309.3, 309.4, and 309.5 are hereby deleted.

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(16) Section 309.2 is hereby deleted and replaced with the following:

309.2 Extermination Prior to Occupancy. Where an insect or rodent infestation exists in a structure or on a premises, the owner of such structure or premises shall be responsible for the extermination of the infestation prior to renting or leasing the structure.

(17) New Section 310 is hereby added to provide as follows:

SECTION 310 PROHIBITED LIVING AND RESIDENTIAL USES

Section 310.1 Prohibited use of recreational vehicles and utility equipment. No recreational vehicle or utility equipment shall be used for living, sleeping, or housekeeping purposes. For purposes of this section, a recreational vehicle is defined as a motorized dwelling, travel trailer, boat, or similar vehicle. For purposes of this section, utility equipment is defined as a horse trailer, portable storage unit, or similar equipment. Section 310.2 Prohibited Conversion of structure into residence. It shall be unlawful for a person to convert a structure into a residence, or use a non-residential structure for residential purposes, without first meeting the requirements of the International Residential Code for One and Two-Family Dwellings.

(18) Subsection 401.2 is hereby deleted and replaced with the following:

401.2 Responsibility. A person shall not occupy, or permit another person to occupy, any premises that does not comply with the requirements of this chapter.

(18) Subsection 501.2 is hereby deleted and replaced with the following:

501.2 Responsibility. A person shall not occupy, or permit another person to occupy, any premises that does not comply with the requirements of this chapter.

(20) Subsection 601.2 is hereby deleted and replaced with the following:

601.2 Responsibility. A person shall not occupy, or permit another person to occupy, any premises that does not comply with the requirements of this chapter.

(21) Subsection 602.3 is hereby deleted and replaced with the following:

602.3 Heat supply. Every owner and operator of any building who rents, leases or lets one or more dwelling units or sleeping units on terms, either expressed or implied, to furnish heat to the occupants thereof shall supply heat to maintain a temperature of not less than 68 degrees Fahrenheit (20 degrees Celsius) in all habitable rooms, bathrooms, and toilet rooms.

Exceptions:

1. When the outdoor temperature is below the winter outdoor design temperature for the locality, maintenance of the minimum room temperature shall not be required provided that the heating system is operating at its full design capacity. The winter outdoor design temperature for the locality shall be as indicated in Appendix D of the Plumbing Code of the City of Buda, Texas.

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2. In areas where the average monthly temperature is above 30 degrees Fahrenheit (-1 degree Celsius) a minimum temperature of 65 degrees Fahrenheit (18 degrees Celsius) shall be maintained.

(22) Subsection 602.4 is hereby deleted and replaced with the following:

602.4 Occupiable work spaces. Indoor occupiable work spaces shall be supplied with heat during to maintain a minimum temperature of 65 degrees Fahrenheit (18 degrees Celsius) during the period the spaces are occupied.

Exceptions:

1. Processing, storage and operation areas that require cooling or special temperature conditions.

2. Areas in which persons are primarily engaged in vigorous physical activities.

(23) Subsection 701.2 is hereby deleted and replaced with the following:

701.2 Responsibility. A person shall not occupy, or permit another person to occupy, any premises that does not comply with the requirements of this chapter.

Division 8. Residential Code

Sec. 6.02.381 Adopted The International Residential Code, 2015 edition, and Appendices A, C, D, E G, H, I, J, M, N, P, and T as published by the International Code Council, Inc. are hereby adopted and made a part of this chapter, except as amended in Section 6.02.382. Sec. 6.02.382 Amendments The International Residential Code, 2015 edition and appendices as adopted in section 6.02.381 are hereby amended as follows: (1) Subsection R101.1 is hereby deleted and replaced with the following:

R101.1 Title. These regulations shall be known as the Residential Code for One- and Two-family Dwellings of the City of Buda, Texas, hereinafter referred to as "this code."

(2) Section R103 is hereby deleted. (3) Subsection R105.1 is hereby deleted and replaced with the following:

R105.1 Required. Any owner or authorized agent who intends to construct, enlarge, alter, repair, move, demolish, or change the occupancy classification of a building or structure, or to erect, install, enlarge, alter, repair, remove, convert or replace any electrical, gas, mechanical or plumbing system, the installation of which is regulated by this code, or to cause any such work to be done, shall first make application to the building official and obtain the required permit. If the owner is to do the work him or herself, then the owner shall provide proof to the building official stating that he or she owns and presently occupies the building as his homestead.

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(4) Subsection R105.2 is hereby deleted and replaced with the following:

R105.2. Work exempt from permit. Exemption from permit requirements of this code shall not be deemed to grant authorization for any work to be done in any manner in violation of the provisions of this code or any other laws or ordinances of this jurisdiction. Permits shall not be required for the following:

Building:

1. One-story detached accessory structures used as tool and storage sheds, play houses and similar uses, provided the floor area does not exceed 251 square feet.

2. Fences not over six feet high. 3. Retaining walls that are not over four feet (1,219 mm) in height measured from the bottom of the

footing to the top of the wall, unless supporting a surcharge. 4. Water tanks supported directly upon grade if the capacity does not exceed 5,000 gallons and the

ratio of height to diameter or width does not exceed 2 to 1. 5. Sidewalks and driveways not more than 30 inches (762 mm) above adjacent grade, not over any

basement or story below and not containing four or more risers. 6. Painting, papering, tiling, carpeting, cabinets, counter tops and similar finish work. 7. Prefabricated swimming pools that are less than 24 inches deep. 8. Swings and other playground equipment. 9. Window awnings supported by an exterior wall that do not project more than 54 inches (1,372

mm) from the exterior wall and do not require additional support. 10. Decks not exceeding 251 square feet in area, that are not more than 30 inches above grade at any

point, are not attached to a dwelling and do not serve the exit door required by Section R311.4.

Electrical:

1. Listed cord-and-plug connected temporary decorative lighting. 2. Reinstallation of attachment plug receptacles but not the outlets therefor. 3. Replacement of branch circuit overcurrent devices of the required capacity in the same location. 4. Electrical wiring, devices, appliances, apparatus or equipment operating at less than 25 volts and

not capable of supplying more than 50 watts of energy. 5. Minor repair work, including the replacement of lamps or the connection of approved portable

electrical equipment to approved permanently installed receptacles.

Gas:

1. Portable heating, cooking or clothes drying appliances. 2. Replacement of any minor part that does not alter approval of equipment or make such equipment

unsafe. 3. Portable-fuel-cell appliances that are not connected to a fixed piping system and are not

interconnected to a power grid.

Mechanical:

1. Portable heating appliances. 2. Portable ventilation appliances. 3. Portable cooling units. 4. Steam, hot- or chilled-water piping within any heating or cooling equipment regulated by this

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5. Replacement of any minor part that does not alter approval of equipment or make such equipment unsafe.

6. Portable evaporative coolers. 7. Self-contained refrigeration systems containing ten pounds (4.54 kg) or less of refrigerant or that

are actuated by motors of one horsepower (746 W) or less. 8. Portable-fuel-cell appliances that are not connected to a fixed piping system and are not

interconnected to a power grid.

Plumbing:

1. The stopping of leaks in drains, water, soil, waste or vent pipe; provided, however, that if any concealed trap, drain pipe, water, soil, waste or vent pipe becomes defective and it becomes necessary to remove and replace the same with new material, such work shall be considered as new work and a permit shall be obtained and inspection made as provided in this code.

2. The clearing of stoppages or the repairing of leaks in pipes, valves or fixtures, provided such repairs do not involve or require the replacement or rearrangement of pipes, valves or fixtures.

3. The replacement of lavatory or kitchen faucets, provided the plumbing fixture is not relocated or will require additional plumbing to be added to the existing system.

4. The replacement of ballcocks or water control valves, unless said control valves are required for water protection against cross contamination or back siphon-age such as atmospheric pressure breakers, vacuum pressure breakers, double check assemblies, or reduced pressure zone devices.

5. The replacement of garbage disposals. 6. The replacement of water closets.

R105.2.1 Emergency repairs. Where equipment replacements and repairs must be performed in an emergency situation, the permit application shall be submitted within the next working business day to the building official.

R105.2.2 Repairs. Application or notice to the building official is not required for ordinary repairs to structures, replacement of lamps or the connection of approved portable electrical equipment to approved permanently installed receptacles. Such repairs shall not include the cutting away of any wall, partition or portion thereof, the removal or cutting of any structural beam or load-bearing support, or the removal or change of any required means of egress, or rearrangement of parts of a structure affecting the egress requirements; nor shall ordinary repairs include addition to, alteration of, replacement or relocation of any water supply, sewer, drainage, drain leader, gas, soil, waste, vent or similar piping, electric wiring or mechanical or other work affecting public health or general safety.

R105.2.3 Public service agencies. A permit shall not be required for the installation, alteration or repair of generation, transmission, distribution, metering or other related equipment that is under the ownership and control of public service agencies by established right.

(5) New Subsection R105.10 is hereby added:

R105.10 Homestead. A permit shall not be required for work on a homestead, provided the owner provides proof to the building official stating that he/she owns and presently occupies the existing building as his/her homestead and certifies he/she will do the work with his/her own hands; however, in no circumstance shall work create or constitute a danger to life or safety.

(6) New Subsection R106.1.5 is hereby added:

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R106.1.5. Any documents prepared by or required to be prepared by a licensed or registered design professional shall bear the professional's seal. The seal shall bear the professional's name and the legend "Licensed Professional Engineer," "Registered Professional Engineer" or "Registered Architect". The design professional shall be an architect or engineer legally licensed or registered under the Texas statutes that regulate the practice of architecture or engineering.

(7) New Subsection R106.6 is hereby added:

R106.6. The building official may accept a sworn affidavit from a registered architect or engineer stating that the plans submitted conform to the technical codes. For buildings and structures, the affidavit shall state that the plans conform to the laws as to egress, type of construction and general arrangement and, if accompanied by drawings, show the structural design and that the plans and design conform to the requirements of the technical codes as to strength, stresses, strains, loads and stability. The building official may without any examination or inspection accept such affidavit, provided the architect or engineer who made such affidavit agrees to submit to the building official copies of inspection reports as inspections are performed, and upon completion of the structure, electrical, gas, mechanical, and plumbing systems, a certification that the structure, electrical, gas, mechanical, and plumbing system has been erected in accordance with the requirements of the city's adopted codes. Where the building official relies upon such affidavit, the architect or engineer assures and assumes full responsibility for the compliance with all provisions of the technical codes and other pertinent laws or ordinances.

(8) Subsection 108.5 is hereby deleted and replaced with the following:

108.5 Fee refunds. The code official shall authorize the refunding of fees as follows:

1. The full amount of any fee paid hereunder that was erroneously paid or collected. 2. Fifty percent (50%) of the permit fee paid where work has not been done under a permit

issued in accordance with this code. 3. Fifty percent (50%) of the plan review fee paid where an application for a permit for which

a plan review fee has been paid is withdrawn or canceled before any plan review effort has been expended.

(9) New Subsections R110.1.1 and R110.1.2 are hereby added:

R110.1.1. No certificate of occupancy will be issued until the city has been fully paid all fees and costs that are related to the building or structure. The fees and costs include those related to the infrastructure of the building, such as impact fees and fees for the installation of water meter and water and wastewater connections. R110.1.2. It is unlawful for a builder, building contractor, or building owner to allow any person to occupy a building until a certificate of occupancy is issued. Occupancy without an active certificate of occupancy will be subject to the penalty provisions of this charter.

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(10) Section R112 is hereby deleted.

(11) Subsections R113.2, R113.3, R113.4, R113.4 are hereby deleted. (12) Section 114 is hereby deleted. (13) New Subsection R1004.6 hereby added:

R1004.6 Factory-built fireplace air spaces and chases. No electrical, mechanical, or plumbing, except for the combustion air vent and gas line feed associated with the firebox, shall intrude into the airspace enclosing the firebox or any chase for chimney components associated with the fireplace.

(14) Subsection N1103.3.4 is hereby deleted and replaced with the following: N1103.3.4 (R403.3.4) Duct leakage (Mandatory). The total leakage of the ducts, where measured in accordance with Section R403.3.3, shall be as follows:

1. Rough-in test: The total leakage shall be less than or equal to 4 cubic feet per minute

(113.3 L/min) per 100 square feet (9.29 m2) of conditioned floor area where the air handler is installed at the time of the test. Where the air handler is not installed at the time of the test, the total leakage shall be less than or equal to 3 cubic feet per minute (85 L/min) per 100 square feet (9.29 m2) of conditioned floor area.

2. Postconstruction test: Total leakage shall be less than or equal to 4 cubic feet per minute (113.3 L/min) per 100 square feet (9.29 m2) of conditioned floor area.

3. The ERI or Performance Path will not be utilized as a basis to reduce the stringency of

duct testing provisions. (15) Subsection N1105.4.2 hereby deleted and replaced with the following:

N1105.4.2 (R405.4.2) Compliance report. Compliance software tools shall generate a report that documents that the proposed design complies with Section N1105.3. A compliance report on the proposed design shall be submitted with the application for the building permit. Upon completion of the building, a compliance report based on the as-built condition of the building shall be submitted to the code official before a certificate of occupancy is issued. Batch sampling of buildings to determine energy code compliance for all buildings in the batch shall be prohibited. Compliance reports shall include information in accordance with Sections N1105.4.2.1 and N1105.4.2.2. Where the proposed design of a building could be built on different sites where the cardinal orientation of the building on each site is different, compliance of the proposed design for the purposes of the application for the building permit shall be based on the worst-case orientation,

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worst-case configuration, worst-case building air leakage and worst-case duct leakage. Such worst-case parameters shall be used as inputs to the compliance software for energy analysis. Such reports shall be prepared by the following qualified individuals:

1. ICC Certified Individual with certificate designation 78 (Commercial Energy Plans

Examiner), 77 (Commercial Energy Inspector), or 79 (Residential Energy Inspector / Plans Examiner)

2. Registered Design Professional bearing a seal applicable to the State where the project will be constructed.

a. Reports will be required to bear a digital seal and signature or wet seal and

signature.

3. RESNET or BPI certified individual.

4. Any other representative approved by the AHJ or Code Official.

N1105.4.2.1 (R405.4.2.1) Compliance report for permit application. A compliance report submitted with the application for building permit shall include the following: 1. Building street address, or other building site identification. 2. A statement indicating that the proposed design complies with Section N1105.3. 3. An inspection checklist documenting the building component characteristics of the proposed

design as indicated in Table N1105.5.2(1). The inspection checklist shall show results for both the standard reference design and the proposed design with user inputs to the compliance software to generate the results.

4. A site-specific energy analysis report that is in compliance with Section N1105.3. 5. The name of the individual performing the analysis and generating the report. 6. The name and version of the compliance software tool.

N1105.4.2.2 (R405.4.2.2) Compliance report for certificate of occupancy. A compliance report submitted for obtaining the certificate of occupancy shall include the following: 1. Building street address, or other building site identification. 2. A statement indicating that the as-built building complies with Section N1105.3. 3. A certificate indicating that the building passes the performance matrix for code compliance

and listing the energy saving features of the buildings. 4. A site-specific energy analysis report that is in compliance with Section N1105.3. 5. The name of the individual performing the analysis and generating the report. 6. The name and version of the compliance software tool.

(16) Subsection G2408.2.1 is hereby deleted and replaced with the following:

G2408.2.1 (305.3.1) Installation in residential garages. In residential garages where appliances are installed in a separate, enclosed space having access only from outside of the garage, such appliances shall be permitted to be installed at floor level, provided that the required combustion air

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is taken from the exterior of the garage. Gas fired appliances installed in open spaces in garages shall pull combustion air directly from the outside per G2407.6.1 (304.6.1). Two-permanent-openings method direct attic openings will not be permitted.

(17) Subsection G2408.3 is hereby deleted and replaced with the following:

G2408.3 (305.5) Private garages. Appliances located in private garages shall be installed with a minimum clearance of 6 feet (1829 mm) above the floor. Exception: The requirements of this section shall not apply where the appliances are protected by curbs, tires, bump stops or concrete bollards from motor vehicle impact and installed in accordance with Section G2408.2.

(18) Subsection P2503.5.1 hereby deleted and replaced with the following:

P2503.5.1 Rough plumbing. DWV systems shall be tested on completion of the rough piping installation by water or hydrostatic with no evidence of leakage. Either test shall be applied to the drainage system in its entirety or in sections after rough piping has been installed, as follows:

1. Water test. Each section shall be filled with water to a point not less than 5 feet above the

highest fitting connection in that section, or to the highest point in the completed system. Water shall be held in the section under test for a period of 15 minutes. The system shall prove leak free by visual inspection.

2. Hydrostatic test. The portion under test shall be maintained at a gauge pressure of 3 pounds per square inch (psi) using a 0–15 psi air test gauge assembly with 1/10th lb. increments. This pressure shall be held without introduction of additional air for a period of 15 minutes. The pipes shall be filled with water and the air portion is only used to achieve test pressure.

(19) Subsection P2603.5.1 is hereby deleted and replaced with the following:

P2603.5.1 Sewer depth. Building sewers that connect to private sewage disposal systems shall be installed not less than 12 inches below finished grade at the point of septic tank connection. Building sewers shall be not less than 12 inches below grade.

(20) Subsection P2903.10 is hereby deleted. (21) Subsection P2904.1.1 is hereby deleted and replaced with the following:

P2904.1.1 Sprinklers not required. Fire sprinklers are not required in Group R-3, One and Two-Family Dwellings. When sprinklers are installed in Group R-3 dwellings, they shall be installed in accordance with IRC Section P2904 and all applicable referenced standards.

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(22) Subsection P3008.1 is hereby deleted and replaced with the following.:

P3008.1 General. Fixtures on the first floor of a foundation where the foundation is located at or below the flood level rim of the next upstream manhole cover of the public sewer shall be protected from backflow of sewage by installing an approved backwater valve. Fixtures located on elevated floors of a building above the flood level rim of the next upstream manhole shall not discharge through the backwater valve. Backwater valves shall be provided with access.

(23) Subsection P3104.1 is hereby deleted and replaced with the following:

P3104.1 Connection. All individual branch and circuit vents shall connect to a vent stack, stack vent or extend to the open air. Exception: Individual, branch and circuit vents shall be permitted to terminate to an air admittance valve upon approval by the building official.

(24) Subsection P3201.6 hereby deleted and replaced with the following:

P3201.6 Number of fixtures per trap. Each plumbing fixture shall be separately trapped by a water seal trap placed as close as possible to the fixture outlet. The vertical distance from the fixture outlet to the trap weir shall not exceed 24 inches. The height of a clothes washer standpipe above a trap shall conform to section P2706.1.2. Fixtures shall not be double trapped.

(25) Table E3702.14 is hereby deleted and replaced with the following:

TABLE E3702.14 BRANCH-CIRCUIT REQUIREMENTS-SUMMARY a, b

a. These gages are for copper conductors. b. N/A means not allowed.

CIRCUIT RATING 15 amp 20 amp 30 amp

Conductors: Minimum size (AWG) circuit conductors

12 12 10

Maximum overcurrent- protection device rating Ampere rating

15 20 30

Outlet devices: Lampholders permitted Receptacle rating (amperes)

Any type 15 maximum

Any type 15 or 20

N/A 30

Maximum load (amperes) 15 20 30

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(26) Sections AE302, AE303, AE304, and AE402 of Appendix E are hereby deleted.

Division 9. Electrical Code Sec. 6.02.461 Adopted The National Electrical Code, 2014 edition, and all annexes thereto, as published by the National Fire Protection Association, Inc. is hereby adopted and made a part of this chapter, except as amended in Section 6.02.462. Sec. 6.02.462 Amendments The National Electrical Code, 2014 edition as adopted in section 6.02.461 is hereby amended as follows:

(1) Sec 90.4 is amended to add the following:

Permits; licensing

(a) A person applying for an electrical permit shall be:

(1) A State of Texas licensed master electrician; or

(2) Exempt under state law from the licensing requirement.

(b) If applicable, a state licensed master electrician shall register with the City in accordance with the city’s registration policy and shall show proof of the license before any work is performed within the City.

(c) If a building owner is claiming an exemption under state law because he or she is planning to do

the work him or herself, then the owner shall provide proof to the building official stating he or she owns the building as his or her homestead.

Certificate of Occupancy Permanent power shall not be released until a certificate of occupancy or temporary certificate of occupancy has been issued under the conditions as set forth in the City’s Unified Development Code. Violations of State and Local Laws will be subject to the established fines of the State as outlined in section 1305 Texas Electrical Safety and Licensing Act.

a. Insert: Misdemeanor, $2,000 per offense maximum fine. 30 days

b. Insert: $500 to $2,000. Per offense.

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(2) Section 230.41 of the National Electrical Code, 2014 edition adopted by the city, is hereby amended to read as follows:

230.41 Insulation of service-entrance conductors. Service-entrance conductors entering or on the exterior of buildings or other structures shall be insulated.

(3) The exceptions set forth in 230.41 the National Electrical Code, 2014 edition adopted by the city,

are hereby deleted. (4) Section 230.43 of the National Electrical Code, 2014 edition adopted by the city, is hereby

amended to read as follows:

230.43 Wiring methods for 600 volts, nominal, or less. Service-entrance conductors shall be installed in accordance with the applicable requirements of this code covering the type of wiring method used and shall be limited to the following methods:

a. Rigid Metallic Conduit (RMC)

b. Intermediate Metal Conduit (IMC)

c. Electrical Metallic Tubing (EMT), or

d. Rigid Nonmetallic Conduit (RNC) will be approved.

A service mast supporting the service drop must be a minimum of 2" diameter and shall be either rigid metallic conduit (RMC) or intermediate metal conduit (IMC). No couplings are to be installed above the roofline. The mast must penetrate a minimum of 18" above the high side of the roof deck. Any mast over 3' in length, measured from the high side of the roof deck, must be properly guyed so as to relieve the strain of the service drop.

(5) Section 230.70(A)(1) of the National Electrical Code, 2014 edition adopted by the city, is hereby

amended to read as follows:

230.70(A)(1) Readily accessible location. The service disconnecting means shall be installed at a readily accessible location outside of a building or structure. Exception: Services disconnecting means over 1200 amps shall be located a maximum of 25 ft. travel distance from the exterior entrance inside a commercial building. Disconnecting means shall be accessible to the exterior of the building at all times and shall not be located above the first floor of a multi-level building.

(6) Section 310.106 of the National Electrical Code, 2014 edition adopted by the city, is hereby

amended to read as follows:

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310.106 Minimum size of conductors. Solid and stranded conductors may not be smaller than No. 12 copper or No. 6 aluminum or copper-clad aluminum. Exception No. 1: Small conductor sizes 18 and 16 AWG as permitted by section 240.4(D)(1) and (2). Exception No. 2: For flexible cords, as permitted by table 400.4. Exception No. 3: For fixture wire as permitted by section 402.6. Exception No. 4: For motors rated 1 hp or less, as permitted by section 430.22(F). Exception No. 5: For cranes and hoists, as permitted by section 610.14. Exception No. 6: For elevator control and signaling circuits, as permitted by section 620.12. Exception No. 7: For class 1, class 2, and class 3 circuits, as permitted by article 725.49(A) and 725.127, exception. Exception No. 8: For fire alarm circuits as permitted by section 760.49(A); 760.127, exception; and 760.179(B). Exception No. 9: For motor-control circuits, as permitted by section 430.72. Exception No. 10: For control and instrumentation circuits, as permitted by section 727.6. Exception No. 11: For electrical signs and outline lighting as permitted in section 600.31(B) and 600.32(B).

(7) Section 320.108 of the National Electrical Code, 2014 edition adopted by the city, is hereby

amended to read as follows:

320.108 Equipment grounding conductor. Type AC cable shall provide an adequate path for fault current as required by 250.4(A)(5) or (B)(4) to act as an equipment grounding conductor. In addition, only type AC cable containing an insulated grounding conductor is authorized.

(8) Section 408.36, exception 1, of the National Electrical Code, 2014 edition adopted by the city, is

hereby amended to read as follows:

408.36 Overcurrent protection. Exception No. 1: A main circuit breaker shall be required in all panelboards used as service equipment. This overcurrent protective device shall be located within or adjacent to the panelboard.

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(9) Section 410.36(B) of the National Electrical Code, 2014 edition adopted by the city, is hereby

amended to read as follows:

410.36(B) Suspended ceilings. Framing members of suspended ceilings shall not be used to support luminaries (fixtures). A fixture shall have a minimum of two support wires on opposite corners from each other. Support wires shall be the same gage as the ceiling support wire. Support wire shall be secured at both ends and shall be identified from any other support wires in ceilings. All electrical equipment installed to the suspended ceiling shall require additional support wires. Luminaries in fire rated ceilings shall be supported on all four corners.

(10) Section 422.16(B) of the National Electrical Code, 2014 edition adopted by the city, is hereby

amended to read as follows:

422.16(B)(1) Electrically operated in-sink waste disposers. Electrically operated in-sink waste disposers shall be cord-and-plug connected with a flexible cord identified as suitable for the purpose in the installation instructions of the appliance manufacturer, where all of the following conditions are met:

i. The flexible cord shall be terminated with a grounding-type attachment plug.

Exception: A listed kitchen waste disposer distinctly marked to identify it as protected by a system of double insulation, or its equivalent, shall not be required to be terminated with a grounding-type attachment plug.

ii. The length of the cord shall not be less than 18" and not over 36".

iii. Receptacles shall be located to avoid physical damage to the flexible cord.

iv. The receptacle shall be accessible.

422.16(B)(2) Built-in dishwashers and trash compactors. Built-in dishwashers and trash compactors shall be cord-and-plug connected with a flexible cord identified as suitable for the purpose in the installation instructions of the appliance manufacturer, where all of the following conditions are met:

1. The flexible cord shall be terminated with a grounding-type attachment plug.

Exception: A listed kitchen dishwasher or trash compactor distinctly marked to identify it as protected by a system of double insulation, or its equivalent, shall not be required to be terminated with a grounding-type attachment plug.

1. The length of the cord shall be 36" minimum and 48" maximum measured from the face

of the attachment plug to the plane of the rear of the appliance.

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2. Receptacles shall be located to avoid physical damage to the flexible cord.

3. The receptacle shall be accessible without having to remove the appliance served.

422.16(B)(3) Wall-Mounted Ovens and Counter-Mounted Cooking Units. Wall-mounted ovens and counter-mounted cooking units complete with provisions for mounting and for making electrical connections shall be permitted to be permanently connected or, only for ease in servicing or for installation, cord-and-plug-connected. A separable connector or a plug and receptacle combination in the supply line to an oven or cooking unit shall be approved for the temperature of the space in which it is located. 422.16(B)(4) Range hoods. Range hoods shall be cord-and-plug connected with a flexible cord identified as suitable for use on range hoods in the installation instructions of the appliance manufacturer, where all of the following conditions are met:

1. The flexible cord shall be terminated with a grounding-type attachment plug.

Exception: A listed kitchen waste disposer distinctly marked to identify it as protected by a system of double insulation, or its equivalent, shall not be required to be terminated with a grounding-type attachment plug.

2. The length of the cord shall not be less than 18" nor over 36".

3. Receptacles shall be located to avoid physical damage to the flexible cord.

4. The receptacle shall be accessible without removal of the range hood.

5. The receptacle is supplied by an individual branch circuit.

Division 10. Existing Building Code Sec. 6.02.501 Adopted The International Existing Building Code, 2015 edition, and Appendices A and B as published by the International Code Council, Inc. are hereby adopted and made a part of this chapter, except as amended in Section 6.02.502. Sec. 6.02.502 Amendments The International Existing Building Code, 2015 edition and appendices as adopted in section 6.02.501 are hereby amended as follows: (1) Subsection 101.1 is hereby deleted and replaced with the following:

101.1 Title. These regulations shall be known as the Existing Building Code of the City of Buda, Texas, hereinafter referred to as "this code."

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(3) Section 103 is hereby deleted. (4) Subsection 108.6 is hereby deleted and replaced with the following:

108.6 Fee refunds. The code official shall authorize the refunding of fees as follows: 1. The full amount of any fee paid hereunder that was erroneously paid or collected. 2. Fifty percent (50%) of the permit fee paid where work has not been done under a permit issued in accordance with this code. 3. Fifty percent (50%) of the plan review fee paid where an application for a permit for which a plan review fee has been paid is withdrawn or canceled before any plan review effort has been expended.

(5) Subsection 110.1 is hereby deleted and replaced with the following:

110.1 Altered use and occupancy classification change. Altered areas of a building and relocated buildings shall not be used or occupied, and a change in the existing use or occupancy classification of a building or portion thereof shall not be made until the code official has issued a certificate of occupancy therefor as provided herein. Issuance of a certificate of occupancy shall not be construed as an approval of a violation of the provisions of this code or of other ordinances of the jurisdiction.

110.1.1. Before utility service to a non-residential building is initiated for a new owner, occupant or tenant, the owner, occupant or tenant shall apply for and obtain a new certificate of occupancy from the building inspection division.

(6) New Subsection 111.1.1 is hereby added:

111.1.1 It is unlawful for a building owner or occupant to institute utility service to any non- residential structure or transfer utility service from one account holder to another occupant or tenant until the utility service provider has received a utility release from the City based upon the issuance of a certificate of occupancy for the structure, occupancy or use.

(7) Section 112 is hereby deleted. (8) Subsection 113.2, 113.3 and 113.4 are hereby deleted. (9) Section 114 is hereby deleted.

Division 11. Swimming Pool and Spa Code Sec. 6.02.551 Adopted The International Swimming Pool and Spa Code, 2015 edition, as published by the International Code Council, Inc. is hereby adopted a made a part of this chapter, except as amended in Section 6.02.552.

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Sec. 6.02.552 Amended The International Swimming Pool and Spa Code, 2015 edition as adopted in section 6.02.551 is hereby amended as follows: (1) Subsection 101.1 is hereby deleted and replaced with the following:

101.1 Title. These regulations shall be known as the Swimming Pool and Spa Code of the City of Buda, Texas, hereinafter referred to as "this code."

(2) Section 103 is hereby deleted. (3) Subsection 105.6.2 is hereby deleted and replaced with the following: (4) 105.6.2 Fee schedule. The fees for work shall be as indicated the schedule of fees adopted by the

city council and attached to the Code of Ordinances as appendix A. (5) Subsection 105.6.3 is hereby deleted and replaced with the following:

105.6.3 Fee refunds. The code official shall authorize the refunding of fees as follows: 1. The full amount of any fee paid hereunder that was erroneously paid or collected. 2. Fifty percent (50%) of the permit fee paid where work has not been done under a permit

issued in accordance with this code. 3. Fifty percent (50%) of the plan review fee paid where an application for a permit for which

a plan review fee has been paid is withdrawn or canceled before any plan review effort has been expended.

(10) Subsection 107.2, 107.3 107.4 and 107.5 are hereby deleted. (7) Section 108 is hereby deleted. Section 4: The City of Buda Code of Ordinances is hereby amended by deleting article 10.03 of chapter 10 thereof and substituting therefor new article 10.03 of chapter 10 to provide as follows:

CHAPTER 10 FIRE PREVENTION AND PROTECTION

. . . .

ARTICLE 10.03 FIRE CODE

Division 1. Generally

Sec. 10.03.001 Adopted

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The International Fire Code, 2015 edition, as published by the International Code Council, Inc. and the Appendices adopted in Section 10.03.002 are hereby adopted and made a part of this article, except as amended in Section 10.03.003. Sec. 10.03.002 Appendices The city adopts the appendices to the International Fire Code, 2015 edition, that are adopted by the Hays County Emergency Services District No. 8 in its Order No. 11-15-17-01. Sec. 10.03.003 Amendments adopted by district (a) The International Fire Code, 2015 edition, as adopted in Section 10.03.001 and the appendices to

the International Fire Code, 2015 edition, as adopted in Section 10.03.002 are hereby amended in the same manner as the amendments provided in Order No. 11-15-17-01 of the Hays County Emergency Services District No. 8, and additionally shall be amended in the future in the same manner as any future amendments adopted by the Hays County Emergency Services District No. 8 , provided the following are hereby amended by the city:

(1) Subsection 101.1 is hereby deleted and replaced with the following:

101.1 Title. These regulations shall be known as the Fire Code of the City of Buda, Texas, hereinafter referred to as "this code."

(2) Subsection 110.4 is hereby deleted and replaced with the following: 110.4 Violation penalties. Persons who shall violate a provision of this code or shall fail to comply with any of the requirements thereof or who shall erect, install, alter, repair or do work in violation of the approved construction documents or directives of the fire code official, or of a permit or certificate used under provisions of this code, shall be guilty of a misdemeanor, punishable as set forth in section 1.01.009(b) of this Code. Each day that a violation continues after due notice has been serviced shall be deemed a separate offense.

110.4.1 Abatement of violation. In addition to the imposition of penalties therein described, the fire code official is authorized to institute appropriate action to prevent unlawful construction or to restrain, correct or abate a violation; or to prevent illegal occupancy of a structure or premises; or to stop an illegal act, conduct of business or occupancy of a structure on or about any premises.

(3) Subsection 112.4 is hereby deleted. (b) Furthermore, all references in the order to the district shall be limited for purposes of this article to

the city limits of the City of Buda, Texas.

Sec. 10.03.004 Applicability This article and the code adopted by this article are applicable and in full force and effect within the corporate limits of the city. Sec. 10.03.005 Public availability of adopted codes The city manager shall purchase one copy of the code adopted by this article, which he/she shall keep on file in the city hall and make available to the public for inspection and copying, subject to all applicable copyright laws.

Sec. 10.03.006 Adoption of code by reference

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Each and all of the regulations, provisions, penalties, conditions and terms of said code are hereby referred to, adopted, and made a part hereof as if fully set out in this article, with the additions, insertions, deletions and changes, if any, prescribed in this article. Sec. 10.03.007 References to electrical code Any reference in the code adopted by this article that refers to or mentions an electrical code other than the National Electrical Code that is adopted by the city is hereby amended to refer to the National Electrical Code adopted by the city.

Division 2. Administration and Enforcement

Sec. 10.03.031 Definitions The following definitions are adopted as follows. When used in this division or in the International Fire Code, the following terms have the meaning indicated: District. Hays County Emergency Services District No. 8. Fire code. The International Fire Code, 2015 edition, published by the International Code Council, as appended and as amended by this article. Fire chief. The fire chief of Hays County Emergency Services District No. 8, the city volunteer fire department, or his or her authorized designees. Fire marshal. The fire chief of Hays County Emergency Services District No. 8, the city volunteer fire department, or his or her authorized designees.

Sec. 10.03.032 Authority of fire chief The fire chief or the district’s contracted service provider, together with such assistants and agents as the fire chief may designate, are authorized to enforce this article, to take all actions required or authorized in provisions incorporated in this article by reference, and to conduct all inspections, review all plans, and accept all applications for a permit or approval authorized or required by the terms of this article. Sec. 10.03.033 Interpretation; conflicts with fire code This article will, to the extent reasonable, be construed in a manner consistent with the fire. If there is a conflict between this article and the fire code, this article will prevail. Sec. 10.03.034 Enforcement actions The fire marshal shall be able to enforce criminal violations of this article in the municipal court of the city through the city attorney. Any civil violations of this article may be enforced by the city or the district by the city attorney in a court of competent jurisdiction. Sec. 10.03.035 Violation and penalty

(a) Any person who violates any provision of this article, including the fire code or any amendment thereto as adopted herein, or who fails to comply with any order, decision or determination of the city manager, the building official, the code official, the fire chief, the fire marshal or any applicable appellate authority, or any person who owns or operates any real or personal property, or improvement, fixture or appurtenance thereto, in or on which a violation of this article exists shall be deemed guilty of a misdemeanor, and upon conviction thereof, shall be subject to a fine in an

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amount as set forth in section 1.01.009(b) of this Code, and each day in which any violation shall occur, or each occurrence of any violation, shall constitute a separate offense.

(b) Any person who shall perform any work regulated by this chapter after having been served with a stop work order to discontinue such work, excluding work the person is directed to perform by the building official to remove a violation or unsafe condition, shall be deemed guilty of a misdemeanor, and upon conviction thereof, shall be subject to a fine of not less than $500.00.

Sec. 10.03.036 Interlocal agreement for fire marshal and fire code enforcement services The city and the district have entered into an interlocal agreement for the provision of fire marshal and fire code enforcement services. Sec. 10.03.037 Conflicts with article 10.02 It is intended that this article shall supplement and amend article 10.02 of this chapter and that the two ordinances shall be read in harmony with one another. Should there be a conflict that cannot be reconciled between the two ordinances, this article shall take precedence and shall prevail over any inconsistent provision in article 10.02.

[REMAINDER OF PAGE INTENTIONALLY BLANK]

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Section 5: Order No. 11-15-17-01 of the Hays County Emergency Services District is hereby attached hereto as Exhibit A and as stated in and for the purposes set forth in Section 4 of this Ordinance. Section 6: The City of Buda Code of Ordinances is hereby amended by deleting article 12.02 of chapter 12 thereof. Section 7: This ordinance shall be cumulative of all other ordinances of the City of Buda, and this ordinance shall not operate to repeal or affect any other ordinances of the City of Buda except insofar as the provisions thereof might be inconsistent or in conflict with the provisions of this ordinance, in which event such conflicting provisions, if any, are hereby repealed. Section 8: If any clause or provision of this Ordinance shall be deemed to be unenforceable for any reason, such unenforceable clause or provision shall be severed from the remaining portion of the Ordinance, which shall continue to have full force and effect. Section 9: Passage. Pursuant to Section 3.12(A) of the City Charter, the Council determined that the first reading of this ordinance is sufficient for adequate consideration by an affirmative vote of five or more members of the City Council during the first reading and the Ordinance was passed by the affirmative vote of four or more members of the City council; therefore, this Ordinance is adopted and enacted without further readings. In the event a second reading is necessary, this Ordinance is adopted and enacted upon the affirmative vote of four or more members of the City Council upon second reading. Section 10: Penalty. Any person who violates, or any person who causes or allows another person to violate, any provision of this Ordinance shall be deemed guilty of a misdemeanor and, upon conviction thereof, shall be punished by a fine of not more than Two Thousand Dollars ($2000.00). Each occurrence of any violation of this Ordinance shall constitute a separate offense. Each day in which any violation of this Ordinance occurs shall constitute a separate offense. Section 11: Effective Date. This Ordinance shall take effect ninety (90) days immediately from and after its final passage and any publication in accordance with the requirements of the City of Buda and the laws of the State of Texas. PASSED, APPROVED AND ADOPTED by the City Council of the City of Buda, on this the ____ day of ________, 2018.

APPROVED:

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George Haehn, Mayor ATTEST:

(CITY SEAL) __________________________ Alicia Ramirez, City Secretary City of Buda, Texas

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MEMORANDUM

Planning Department Date: May 23, 2018 Subject: Update of City Building Codes to ICC 2015 Editions (Commercial Codes) To: The Honorable Mayor and City Council Through: Kenneth Williams, City Manager From: Chance Sparks, Assistant City Manager and Michael Gleason, Building Official This memo provides an overview of changes between the 2012 and 2015 editions of the ICC Building Codes, which are the adopted building codes for the City of Buda. This memo addresses the codes as they relate to apartments and commercial occupancies, as the prior memo discusses the International Residential Code for 1 & 2 Family Dwellings. This is a restatement of an assessment performed by the National Association of Home Builders, National Multifamily Housing Council, National Apartment Association and the Building Owners and Managers Association. It is notable that the 2015 ICC Codes are the first time that this group of organizations encouraged state and local jurisdictions to consider adoption. This is not a comprehensive collection of all of the changes—only those that these industry groups identified as most impactful. As a note, many of the most impactful changes already apply to Buda, as Buda adopted the 2015 International Energy Conservation Code in 2016 as a result of state law changes dictating its application and also had local amendments in place to the 2012 that accomplished similar changes. In addition, the 2015 Codes seek to correct/clarify a number of items that were confused in the 2009 to 2012 ICC updates. As this memo is significantly longer and more detailed, the major changes are summarized as: Cost-Saving Changes:

1. Removal of the height restriction on the pedestal/podium portion of buildings 2. Removal of the limitation on occupancies permitted in the pedestal/podium portion of the building with the

exception of not permitting Type H occupancies (high hazard) 3. Redefine how private garages can be used in multifamily buildings 4. Determination of building heights, area and setbacks (for building code; does not affect UDC) 5. Separation of the apartment building from garages in donut-type construction (not present in Buda) 6. Application of the NFPA 13R sprinkler system (integrated into building plumbing rather than separate) 7. Design and use assembly occupancies on building roofs (rooftop restaurants, etc.)

Changes Resulting in Cost Increases:

1. Requirements for a secondary sprinkler water supply in Seismic Design Category C, D, E, or F (not applicable to Buda)

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2. New requirements for opening protective glazing (shatter resistance) 3. Use of limited area sprinkler systems 4. Requirements for alarm systems in college and university buildings (not applicable in Buda)

Changes Having No Cost Implication but Requiring Special Attention:

1. Revision to requirements on dampers protecting ceiling membrane 2. Use of cross-laminated and fire resistant lumber 3. Location of smoke alarms near kitchens and bathrooms 4. Use of smoke detections systems as alternative to providing smoke alarms 5. Measurement of exit and exit access configuration

The City’s proposed local amendments reflect primarily administrative items such as timing of certain report submissions, providing specificity to the permit exemptions, etc. These are not generally discussed within this memo due to their minor nature and limited impact. There are some notable substantive amendments:

• Added requirement for use of a registered design professional (architect, professional engineer, certified professional building designer) to prepare plans. This is to address the common denominator for all commercial projects that have experienced substantial delays, though there is a built-in exemption for some common low-risk occupancy types (buildings with an occupant load under 50 persons, etc.) to provide relief for small businesses.

• Within the energy code (in place since 2016), there is some clarification regarding who submits certain documents, and a provision allowing the Historic Preservation Officer ability to evaluate energy improvements for potential impact on historic qualities (so the code is not used to force removal of historic features for energy code compliance).

• Within the plumbing code, relaxed restriction of 10’ tall water head test to prevent damage to piping in high wind situations, adding provisions for a hydrostatic test (air & water mixture). This is a savings to builders without jeopardizing the integrity of the plumbing system for testing effectiveness.

• Within the mechanical code, revised code to more clearly define required use of Type I ventilation hoods to applicants. Also, for restaurants the requirements were slightly increased to include buildings with less than 50 occupants (was a recommendation from the NFPA and IFEA, as smaller format restaurants/bistros have grown more common).

• Within the electrical code, several local amendments are included to eliminate unprotected service wire or aluminum conductors. In addition, the number of supports for suspended ceilings and items suspended from ceiling is increased.

• Within swimming pool and spa code, require window alarms in addition to door alarms. These local amendments were drafted in consultation with the Austin Home Builders Association, other jurisdictions in the region (for consistency), review of national recommending bodies, and with full engagement of the city attorney’s office for a comprehensive review of the entire group of codes beyond simply approving to form. The tables following describe changes between the 2012 and 2015 editions of the International Code Council family of codes.

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Section(s) and Issue(s) Type of Change Cost

Implication Comment/Description

International Building Code IBC 202 Definition of “Private Garage,” 406.3.1 “Classification,” 406.3.2 “Clear Height”

Major Change Decrease Private garages are no longer limited to a maximum of 3,000 sq. ft. in a building. Multiple private garages, each a maximum of 1,000 sq. ft., each separated by one-hour fire barriers or horizontal assemblies are now permitted based on their U occupancy classification. Also, a minimum of 7’ clear height will be required in private garages.

IBC 202 Definition of “Fire Retardant Treated Wood”

Major Change Decrease Revised definition to permit other treatment methods by other than the pressure process. See also IBC Sections 2303.2.2 and 2303.2.3 for further explanation.

IBC 503 through 506 Building Heights and Area Requirements

Makes Code More User Friendly

Decrease 2012 IBC Table 503 was replaced with the 2015 IBC Tables 504.3, 504.4 and 506.2 with NO changes in the technical application, making the code more user-friendly. The maximum allowable height and number of stories can now be determined directly from Tables 504.3 and 504.4. The maximum allowable sprinkler area increase can also now be determined directly from Table 506.2.

IBC 510.2 “Horizontal Building Separation” (i.e., Podium/Pedestal Structures)

Major Change Decrease 2012 IBC Section 510.2(2) that limited the Type IA portion of the podium/pedestal building below the horizontal separation to a maximum of one story above grade plane has been deleted in the 2015 IBC, allowing the podium portion of the building to be of any height without any restriction on the number of floors. Also, 2015 IBC Section 510.2(5) permits any occupancy, except Group H, below the horizontal separation. (See also the table entry under IBC Section 903.3.1.2 for further information on podium design)

IBC 705.3 Exception #2 “Buildings on the Same Lot”

New Provision Decrease Permits a parking garage of Construction Type I or IIA to abut a Group R-2 building with 1½- hour- protected openings (fire doors) in the abutting exterior wall of the garage and no required opening protective(s) in the abutting wall of a sprinklered R-2 building. Previous editions of the Code did not permit any openings in these abutting exterior walls that are at a “0” fire separation distance apart and required a fire wall design between such buildings to be permitted to have openings between the abutting buildings.

IBC 705.6 “Exterior Wall- Structural Stability”

Major Change Decrease Exterior fire-rated walls that are braced by floor or roof assemblies that have a lesser fire resistance rating are now permitted. Previous editions of the IBC Code required Construction Type III buildings with two -hour fire-rated exterior walls to have floors that support the two-hour fire-rated exterior walls to be upgraded to the two-hour fire rating. This is a major cost since apartment buildings built of Construction Type III under the legacy codes only required one-hour floor and roof assemblies to support the two-hour fire-rated exterior walls.

IBC 707.5 Exception 2 “Fire Barriers–Continuity”

New: Clarification

Decrease Clarifies that the walls of an interior exit stairway do not need to extend through the attic space to the underside of the roof deck if the ceiling of the stairway terminates with a fire-rated top enclosure complying with Section 713.12.

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Section(s) and Issue(s) Type of Change Cost

Implication Comment/Description

IBC 714.4.2 Exception 7 “Membrane Penetration”

Revision Decrease This exception was new in the 2012 IBC (Section 714.4.1.2 Exception #7) and allowed for a practical application of the code in circumstances where wood-framed walls extend up to and attach directly to the underside of joist/trusses floor and roof fire-rated assemblies. It was further modified to permit the wood framed walls to be sheathed solely with Type X gypsum wallboard in lieu of being a fire resistance rated wall assembly.

IBC 717.1.1 “Ducts and Air Transfer Openings”

New Provision Decrease Duct will be allowed to leave a fire-rated shaft enclosure, transition horizontally, and then enter another fire-rated shaft if the duct penetrations on each side of the shafts are protected with fire dampers. Note that this is not permitted for clothes dryer exhaust ducts or any other ducts that the ICC Codes require to be continuous and uninterrupted.

IBC 903.2.1.6 “Assembly Occupancies on Roof”

New Provision Decrease Code now addresses how to deal with assembly occupancies on the roof of a building. When the occupant load > 100 for Group A-2 (i.e., restaurant), or > 300 for other Group A (i.e., meeting rooms, swimming pools) all floors to, and including, level of exit discharge are required to be sprinklered per NFPA 13 or NFPA 13R, as applicable. Since all new Group R occupancies are already required to be sprinklered, this new requirement is a good clarification of the Code for such common assembly occupancies that are to be located on the roofs of new apartment projects. Note that there is an exception to this sprinkler requirement for open parking garages of Construction Type I or Type II.

IBC 903.2.11.3 “Automatic Sprinkler Systems – Where Required- Buildings 55’ or More in Height”

Revision Decrease This revision clarified that the 55’ is measured from the lowest level of fire department vehicle access to the finished floor level of the highest floor with an occupant load of ≥ 30. Exceptions are provided for open parking garages and F-2 occupancies.

903.3.1.1.2 Exception “NFPA 13 Exempt Bathroom Sprinklers”

New Provision Decrease The 2015 IBC references the 2013 NFPA 13. In the 2013 NFPA 13 Section 8.15.8.1, the small bathroom (≤ 55 sq. ft.) sprinkler exception was deleted for apartment dwelling units. Since the NFPA 13 Committee deleted this reasonable, long-standing, sprinkler exception out of its Code, the NFPA 101 Committee, as well as the ICC Membership, decided to place it back into the 2015 NFPA 101 and 2015 IBC. The NFPA 13 Committee is in the process of attempting to place the bathroom exception for dwelling units back into its 2015 edition of NFPA 13.

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Section(s) and Issue(s) Type of Change Cost

Implication Comment/Description

903.3.1.2 “Installation Requirements NFPA 13R Sprinkler Systems”

Clarification Decrease Section was revised to correlate with the scope of the 2013 NFPA 13R Standard. This should help prevent any misapplication of the sprinkler standards that apply to “…Group R occupancies up to and including four stories in height in buildings not exceeding 60 feet in height above grade plane…”. The new second paragraph in this section clarifies that the number of stories of Group R occupancies above a podium or pedestal designed structure (see Section 510.4) is measured from the fire-rated horizontal separation that creates separate buildings. By default, this new second paragraph under the NFPA 13R requirements is also applicable to the number of stories of Group R occupancies above a podium structure when the entire structure is sprinklered per NFPA 13. For example, an R-2 occupancy of Construction Type IIIA, sprinklered per NFPA 13, can be five stories above the Type IA pedestal below as long as the overall building height from grade plane does not exceed 85 feet (IBC Table 504.3)

IBC 1011.12 Exception “Stairway to Roof”

New Exception

Decrease For stairways in buildings ≥ four stories above grade plane that do not have an occupied roof or elevator equipment on the roof, access to the roof does not need to be by one of the stairways in the building. It can be provided by an alternating tread device, a ship’s ladder or a permanent ladder.

IBC 1011.16 “Ladders” New Provision Decrease New section with specific requirements for permanent ladders. Such ladders cannot serve as a part of the means of egress from occupied spaces within a building.

IBC 1016.2(1) “Egress through Intervening Spaces,” 3006.4 Means of Egress”

New Provision Decrease Exit access is permitted through an enclosed elevator lobby that leads to at least one of the required exits. Exit access to not less than one of the other required exits shall be provided without travel through the enclosed elevator lobby.

IBC 1023.3.1 Exception 2 “Interior Exit Stairway Extension”

New Provision Decrease An exit stairway does not require a door at the stairway opening into an exit passageway if the exit passageway has no other openings into it from the building.

IBC 1107.4 Exceptions 3 and 4 “Accessible Route”

New Provision Decrease Exceptions added to exempt, in certain cases, accessible stories and mezzanines in buildings with Group R-2 units or dormitories if accessibility is provided to other facilities.

Previous 2012 IBC Section 3004 “Hoistway Venting”

Deleted Decrease The hoistway venting requirements have been deleted from the 2015 IBC since they were antiquated and wasted building energy. Only Section 3004.3.1, “Plumbing and Mechanical Systems,” was retained, and it was relocated to Section 3002.9

IBC 101.4.7 “Existing Buildings,” Previous 2012 IBC Chapter 34 “Existing Buildings”

Deleted 2012 IBC Chapter 34

None The requirements (Chapter 34) for existing structures have been removed from the 2015 IBC. All existing construction requirements are now in the 2015 International Existing Building Code (IEBC).

IBC 104.11 “Alternative Materials, Design, and Methods of Construction and Equipment”

Revision None Last sentence was added that requires the code official to provide in writing the reasons why the alternative was not approved if he/she rejects the application for an alternative design under this section of the Code.

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Section(s) and Issue(s) Type of Change Cost

Implication Comment/Description

903.3.1.2.2 “Open-Ended Corridors”

New Provision – Correlation

None This new section was added to the sprinkler requirements just to clarify that when applying the open-ended corridor (i.e., open breezeway) sprinkler requirements of Section 1027.6 Exception 3.1 to a building sprinklered in accordance with NFPA 13R, it is the intent of the IBC Code to also require the open-ended corridors and its associated exterior stairs to be sprinklered when using Exception 3 of Section 1027.6.

903.3.5 “Water Supplies” Revision None New last sentence in section was added to clarify that the fire flow test for the design of the sprinkler system needs to be adjusted for seasonal and daily pressure fluctuations.

IBC 907.2.11.4 “Smoke Alarms Near Bathrooms”

New Provision None Smoke alarms are to be located a minimum of three feet from the bathroom door when the bathroom contains a bathtub or shower.

IBC 907.2.11.3 and 907.2.11.4 “Single and Multiple-Station Smoke Alarms Near Cooking Appliances”

New Provision - Correlation

None These new sections were added to the alarm requirements to correlate with the requirements in NFPA 72 on the placement of smoke alarms. When ionization smoke alarms are to be installed, they shall be placed a minimum of 20 feet from cooking devices, or a minimum of 10 feet if they have an alarm-silencing switch. If photoelectric smoke alarms are to be installed, they shall be placed a minimum of six feet from cooking devices.

IBC Table 1006.2.1 “Spaces with One Exit or Exit Access Doorway”

New Provision None Combined 2012 IBC Tables 1014.3 and 1015.1 into a single table for user-friendliness. Note that Table 1006.2.1 covers the maximum common path of egress travel distance to that point where the occupants have separate access to two exits (or are already outside the building), whereas Table 1017.2 covers the total exit access travel distance to an exit.

IBC 1006.2.1, Exception 1, Table 1006.3.2(1) and 1006.3.2 Single Exits in Buildings

Revised None It is permitted for multiple dwelling units, in groups of four units or less per floor, to have access to a single means of egress. The change also reflects the revised travel distance for single exit design allowing a maximum common path of egress travel distance of 125 feet. This better enables small/incremental development scales involving multifamily.

IBC Section 915 “Carbon Monoxide (CO) Detection”

Relocated to its Own Section in Chapter 9, Reformatted and Revised

None The CO alarm requirements that were new in the 2012 IBC and located in Section 908.7 have been relocated and extensively revised and clarified in the 2015 IBC. A CO alarm is to be installed outside of each separate sleeping area in the immediate vicinity of the bedrooms in R-2 occupancies that have fuel-burning appliances/fireplaces and/or attached private garages. Buildings with open parking garages complying with Section 406.5 or enclosed parking garages complying with Section 406.6 are not considered private garages.

IBC 1010.1.7, Exception #2 “Thresholds at Doorways”

New Provision None In Type B dwelling units that permit a four-inch elevation change at the door, the threshold height on the exterior side of the door shall not exceed 4¾” in height above the exterior deck, patio or balcony for sliding doors and not more than 4½” for other doors.

IBC 1210.2.3 “Shower Compartments”

Revised None The height of the required nonabsorbent surface has been raised from 70 inches to 72 inches.

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Section(s) and Issue(s) Type of Change Cost

Implication Comment/Description

IBC 1405.3 “Vapor Retarders”

Revised None Requirements for vapor retarders have been modified. In Climate Zones 1 and 2 (where Buda is located), Class I and II vapor retarders are not permitted on the interior side of frame walls. In Climate Zones 3 and 4, Class I vapor retarders are not permitted on the interior of frame walls. Class III vapor retarders are required in specific locations.

IBC 3104.5 Connections of Pedestrian Walkway to Buildings”

Makes Code More User Friendly

None Revised, reformatted section with no intended changes to the existing requirements.

IBC Section 3006 “Elevator Lobbies and Hoistway Opening Protection

New Section with Relocated Requirements

None The elevator lobby requirements that were located in 2012 IBC Section 713.14.1 were reformatted and relocated into newly created Sections 3006.2 and 3006.3 in the 2015 IBC.

IBC 403.3.3 “Sprinkler Secondary Water Supply”

Relocated None Sprinkler systems in high-rise buildings in Seismic Design Category C, D, E or F are required to have a secondary water supply.

IBC 202 Definition of “Corridor Damper,” 717.3.2.4 “Corridor Damper Rating,” 717.3.3.5 “Corridor Damper Actuation,” 717.5.4.1 Exception #1 “Where Required-Corridors”

New Provision Unknown New design option protecting the ceiling membrane’s HVAC penetrations for a fire-rated exit access corridor where the ceiling of the corridor is constructed using a fire-rated corridor wall assembly placed horizontally.

IBC 602.4 Cross-Laminated Timber Use in Construction Type IV

New Provision Unknown Revisions allow the use of fire-retardant-treated lumber, cross-laminated timber and glued-laminated plank in specific applications.

IBC 703.2.4 Fire-Resistance Ratings and Fire Tests: Supplemental Features”

New Provision Unknown When a listed fire resistance assembly is modified, sufficient data shall be made available to the code official to show that the required fire resistance rating is not reduced.

IBC 705.2 “Projections,” 705.2.3 “Combustible Projections”

Major Change Unknown Table 705.2, “Minimum Distance of Projections,” was modified and simplified and now requires an increase in the separation required between the leading edge of a building’s projection and the property line (or fire separation distance line). Section 705.2.3 was simplified and requires added protection where a combustible projection is within 5’ of a property line (or FSD).

907.2.11.7 “Smoke Detection System”

New Provision Unknown Clarifies that an acceptable alternative to providing single and multiple-station smoke alarms is to use smoke detectors, listed per UL 268, that are part of the building’s fire alarm system.

913.2.2 “Circuits Supplying Fire Pumps”

New Provision Unknown New section requires that the power supply cables shall be listed and installed in accordance with UL 2196.

IBC 1019 Exception 3, “Exit Access Stairways and Ramps”

New Provision Unknown New provisions for exit stairways and ramps require enclosed stairways and ramps with exception for interior of dwelling units.

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Section(s) and Issue(s) Type of Change Cost

Implication Comment/Description

IBC 308.3 “Group I-1,” 308.3.1 “Condition 1, 308.3.2 “Condition 2,” 404.5 Exception “Smoke Control,” 420.4. “Smoke Barriers in Group I-1, Condition 2,” 420.5 “Automatic Sprinkler System,” 420.6 “Fire Alarm Systems and Smoke Alarms,” 709.5 Exceptions “Openings,” 903.2.6 Exception 1 “Group I,” 903.3.2(3) “Quick- response and Residential Sprinklers,” 904.13 “Domes- tic Cooking Systems in Group I-2 Condition 1,” 907.2.6 “Group I Manual Fire Alarm,” 907.2.11.2 “Smoke Alarms,” 907.2.11.5 “Interconnection of Smoke Alarms,” 907.2.13 Exception 6 “High-Rise Buildings,” 907.5.2.2 Exception “Emergency Voice/Alarm Communications,” 907.5.2.3.2 “Group I-1 Visible Alarms,” 909.5.3 Exception 3 and 909.5.3.1 “Smoke Barrier Opening Protection,” 915.1.1 “CO Detection,” 1010.1.9.6 “Controlled Egress Doors in Group I-1 and I-2,” 1010.1.9.8 “Sensor Release of Electrically Locked Egress Doors,” 1010.1.9.9 “Electro- magnetically Locked Egress Doors,” 1020.1 Exception 2 “Corridor Construction,” Table 1020.1 “Corridor Fire- Resistance Rating,” 3006.2(2) “Hoistway Opening Protection Required”

Major Changes for I-1 Occupancies

Unknown There have been a number of requests for conversions of existing R-2 multifamily projects into assisted living facilities as the baby boomers are now in their 60s. To provide some general guidance to firms that may be considering either the construction of new projects or conversion of existing buildings to such occupancies, the two rows on I-1 and R-4 occupancies are provided showing the revised requirements in the 2015 IBC for these occupancies.

Also be aware that there may be modifications to the requirements in the 2015 IBC that relate to an existing building’s conversion to another occupancy. See the requirements in the 2015 International Existing Building Code (IEBC), Chapter 10, “Change of Occupancy”.

Assisted living facilities (≥ 17 persons) are now divided into two conditions with different requirements throughout the Code. I-1 Condition 1 only applies to occupants who are capable of responding to an emergency without any assistance to leave the building. I-1 Condition 2 applies to occupants who will require limited verbal or physical assistance to respond to an emergency and safely egress from the building.

Chapter 10 “Means of Egress”

Major Revisions, Re- locations and Clarifications

Unknown 2012 IBC Sections 1015 and 1021 requirements were relocated and revised into the general provisions of Sections 1006 and 1007. All the section numbers that were in the 2012 IBC have been changed in the 2015 IBC because of the extensive reorganization and revisions during this code cycle. Users of the Code are cautioned to do an extensive review of Chapter 10 before designing a project under this new edition of the Code.

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Section(s) and Issue(s) Type of Change Cost

Implication Comment/Description

IBC 1007 “Exit and Exit Access Doorway Configuration”

New Provision Unknown New section with specific requirements on how to measure the separation distance between exits, exit access doorways/stairways and ramps.

IBC 1015.7 Exception “Roof Access”

New Exception

Unknown Exception eliminates the guards required for roof access where the roof hatch opening is located with- in 10’ of the roof edge or the open side is located > 30” above the floor, roof or grade above, where permanent fall arrest/restraint anchorage connector devices complying with ANSI/ASSE Z 359.1 are provided.

IBC 2406.4.7 “Safety Glazing Adjacent to the Bottom Stairway Landing”

Revision Unknown Requires safety glazing if glazing is located < 60” above the bottom of a stair, or within a 60” horizontal arc if < 180 degrees from the bottom tread nosing.

IBC 111.1 “Use and Occupancy”

Revision Increase A change in a building use, or portion thereof, with no change in its occupancy classification will now require a new Certificate of Occupancy (this has been a common local amendment for decades nationwide).

IBC 716.5.8.4 “Opening Protectives–Safety Glazing”

Revision Increase Previous editions of the Code only required safety glazing for “fire protection-rated” glazing in fire door assemblies, now it will be required also for “fire resistance-rated” glazing in fire door assemblies. Note that Section 716.5.8.1.1 provides the locations where “fire resistance-rated” glazing in fire door assemblies can be used, and Section 716.5.8.1.2 provides the requirements where “fire protection-rated” glazing in fire door assemblies can be used.

903.3.8 “Limited Area Sprinkler Systems”

Major Revisions

Increase In existing, non-sprinklered apartment buildings, limited area sprinkler systems were mostly provided in basements where storage rooms, boiler rooms and similar spaces were located. Revisions reduced the number of sprinklers from 20 to six that can be used on a “limited area sprinkler system” in any single fire area. In addition, it now requires hydraulic calculations to be done to show that these sprinklers that are piped off the domestic water supply can control a fire.

IBC 907.2.9.3 “Alarm Systems - Group R-2 College and University Buildings”

Clarification Increase In the previous edition of the IBC, the alarm requirements of this section appeared to apply to buildings that are owned by a college or university. For the 2015 IBC it was clarified that this requirement was for Group R-2 occupancies that are “…operated by a college or university for student or staff housing…” Requires an automatic smoke detection system in the common corridors/spaces, laundry, mechanical equipment and storage rooms. It also requires the smoke alarms in the dwelling/sleeping units to be interconnected with the fire alarm system

IBC 1015.8 “Window Opening Guard Protection”

New Provision Increase Window openings more than 72” above grade that are less than 36” above the floor must be protected with guards or fixed openings that will not allow the passage of a four-inch-diameter sphere.

IBC 1107.6.2.1 “Live/Work Units”

New Provision Increase The nonresidential portion of a live/work unit is required to be accessible. The entire live/work unit is required to be accessible if the residential portion of the live/work unit is required to be a Type B dwelling unit.

IBC 1107.7.2 Multistory Type B Dwelling Units

New Provision Increase The primary entry level in a multistory Type B dwelling unit that is served by an elevator must have a living area, kitchen and toilet facility.

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Section(s) and Issue(s) Type of Change Cost

Implication Comment/Description

IBC 1110.2.2, 1110.2.3 and 1110.4.13, Exception 3. “Accessible Recreational Facilities”

New Provision Increase New requirement that apartment properties comply with ANSI A117.1 recreational facility requirements. Accessible means of entry into a swimming pool, spa or similar water feature is not required in R-2, R-3 and R-4 occupancies.

IBC 1203.2 “Attic Ventilation”

New Provision Increase The ventilation requirements for attics have been upgraded to reflect the new code requirements for energy conservation. Specific requirements have been added for enclosed attics and a new section (IBC 1203.3) has been added for unvented attic and unvented enclosed rated assemblies.

IBC Chapter 17 “Special Inspections and Tests”

New Provision and Revised

Increase New requirements for special testing have been added detailing specific requirements that must be complied with when special inspection is required. Requirements for inspection of specific materials have been modified or added.

International Fire Code IFC 1103.3.2 Elevator Emergency Operation

New Provision Decrease New exception to requirements for updating elevators to latest standard which include installation of protective doors, sprinkler protection, and for freight elevators sprinkler protection provided at least one elevator complies with A 17.3.

IFC 1104.22(4) “Means of Egress for Existing Buildings–Exterior Stairway Protection”

Deletion of 2012 IFC Section 1104.21(4.1)

Decrease Remainder of Section 1104.21 was moved to 1104.22. The requirement to retroactively sprinkler existing, open-ended corridor (i.e., open breezeway) buildings was deleted.

IFC 1103.7.6 Exception 4 “Manual Fire Alarm System in Existing Group R-2 Occupancies”

New Exception

Decrease Exception 4 eliminates the requirement for a manual fire alarm system in an existing R-2 occupancy where all four requirements are met:

1. Building is ≤ three stories in height above grade plane.

2. Dwelling units are not served by interior corridors. 3. Dwelling units are separated from each other by 3/4

hour fire barriers. 4. Dwelling units are provided with smoke alarms

per Section 907.2.11. IFC Appendix B B105 “Fire Flow Requirements for Buildings”

Revisions Unknown If a jurisdiction adopts the IFC and makes Appendix B mandatory in the adopting ordinance, then fire flows for townhouses and other buildings can be reduced based on the construction type and sprinkler system installed (NFPA 13, NFPA 13R or NFPA 13D).

IFC Appendix C “Fire Hydrant Locations and Distribution”

Revisions Unknown If a jurisdiction adopts the IFC and makes Appendix C mandatory in the adopting ordinance, then the revisions to Sections C103.2 Exception and C104.1 provide increased spacing for existing fire hydrants and credit for existing fire hydrants on adjacent properties that can be used. Also new footnotes “f” and “g” permit fire hydrant spacing increases based on the type of sprinkler system installed in the building.

IFC Appendix L “Fire Fighter Air Replenishment Systems (FARS)”

New Provision Increase If a jurisdiction adopts the IFC and makes Appendix L mandatory in the adopting ordinance, then buildings required by the local adopting ordinance to have FARS would be required to comply with Appendix L’s design, installation, testing and maintenance requirements.

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Section(s) and Issue(s) Type of Change Cost

Implication Comment/Description

IFC Appendix M “High- Rise – Retroactive Automatic Sprinkler Requirement”

New Provision Increase If a jurisdiction adopts the IFC and makes Appendix M mandatory in the adopting ordinance, then all existing high-rise buildings in that jurisdiction will be required to be sprinklered.

International Existing Building Code IEBC 406.3 and 702.5 – “Replacement Window Emergency Escape and Rescue Openings”

New Provision Decrease Under the Prescriptive Compliance Method or Level 1 Alterations, the replacement window must be the largest standard size that will fit within the existing frame.

IEBC 803.6 “Fire- Resistance Rating”

New Provision Decrease Under Level 2 Alterations, in buildings where an automatic sprinkler system is installed throughout, the required fire resistance rating of building elements and materials can be reduced to meet the requirements of the current building code.

IEBC 706 “Reroofing” New Provision Unknown Under Level 1 Alterations, requirements from 2015 IBC Section 1511 were also placed in the IEBC.

2012 IBC Chapter 34 has been deleted and all of the requirements for existing buildings are now found in the 2015 IEBC

Editorial None The 2015 IEBC applies to repair, alteration, and change of occupancy, additions, and relocations of existing buildings.

IEBC 906.2 Alterations Level III

New Provision - Clarification

None Revised to clarify that where four or more Group I-1, I-2, R-1, R-2, R-3 or R-4 dwelling or sleeping units are be altered, the requirements of Section 1107 of the IBC for Type B units and Chapter 9 of the IBC for visible alarms apply only to the spaces being altered. Exception: Group I-1, I-2, R-1, R-2, R-3 and R-4 dwelling or sleeping units where the first certificate of occupancy was issued before March 15, 1991 are not required to provide Type B dwelling or sleeping units.

IEBC 406.2 and 702.4 - Replacement Window Fall Protection

New Provision Increase Under the Prescriptive Compliance Method or Level 1 Alterations, requirements for limits on window openings, similar to those for new construction, are required for replacement windows. Window openings more than 72 inches above the exterior grade and less than 36 inches above the finished floor are required to have control devices that limit the opening so that a four-inch sphere will not pass.

IEBC 904.2 Fire Alarm Sys- tem – Alteration Level 3

New Provision Increase Install fire alarm and detection system with any Level 3 alteration.

International Plumbing Code IPC 106.1.1 “Annual Permit”

New Provision Decrease An annual permit for plumbing repairs can be issued to a person, firm or corporation to perform plumbing work on individual plumbing items that have already been approved when they employ a qualified tradesperson.

International Energy Conservation Code IECC C402 and Chapter 5 Performance Compliance Options

Revision Decrease Allow component performance design options for wall, floor, roof and other systems using overall building insulation values to reduce insulation values in individual components.

IECC C504.2.3 Roof Covering Air Barrier

Revision Decrease Exemption for repair/replacement of roof recovering from the requirement for an air barrier.

IECC C406 and Chapter 5 Energy Efficiency Packages

Revision Unknown Additional choices for required additional energy efficiency packages that can be more cost-effective for new and existing buildings.

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Section(s) and Issue(s) Type of Change Cost

Implication Comment/Description

IECC Tables C402.1, C402.4, R402.1.2 and R402.1.4–R-values and U- values

No Change from the 2012 IECC

Increase from the 2009 IECC

The R-value and corresponding U-value tables for the commercial and residential requirements have not been changed (except roof insulation), and are the same as in the 2012 versions of the IECC which are not cost effective. See separate document, Recommended Amendments to the 2015 International Energy Conservation Code (IECC), for more information.

IECC R402.4.1.2–Thermal Envelope Air Barrier Testing

No Change from the 2012 IECC

Increase from the 2009 IECC

The residential Section R402.1.2 requires that the air barrier be pressure tested in accordance with a test method for one- and two-family dwellings that is not appropriate for R-2 occupancies. See separate document, Recommended Amendments to the 2015 International Energy Conservation Code (IECC), for more information.

IECC Commercial and Residential Provisions

Revisions and Editorial

Increase The Commercial portions, which apply to R-2 occupancies four-or-more stories in height; and the Residential portions, which apply to R-2 occupancies three-or-less stories in height, have major revisions to text which need to be considered during the design process.

IECC C403.3.2.1 and Chapter 5

Revision Increase Increased hot water piping insulation levels with limits on lengths of hot water piping.

IECC Table C403.2.3(9) Minimum Efficiency Air Conditioners and Condensing Units Serving Computer Rooms

Revision Increase Increased stringency of computer room HVAC minimum efficiency levels.

IECC C403.2.4.7 Fault Detection

New Provision Increase Required inclusion of a fault detection and diagnostics reporting system on all 4.5 ton or larger air-cooled, HVAC systems.

IECC C403.2.6.2 Garage Ventilation Controls

New Provision Increase Mandatory installation of automatic garage controls.

IECC C405 and Chapter 5 Lighting Controls

New Provision Increase Additional more stringent requirements for day-lighting, lighting controls and allowed lighting power densities in new and existing buildings.

IECC C408.2.5.2.6 Lighting Operation and Maintenance Manuals

New Provision Increase Lighting contractor required to provide operations and maintenance manuals for lighting and lighting controls.

IECC C408.3.1 Occupant Sensor Controls

Revision Increase Requirement for functional testing of occupant sensor controls and time-switch controls.

IECC Chapter 5 Existing Buildings

New Provision Increase New Chapter 5, Existing Structures with provisions for existing buildings in addition to those contained in the IEBC. Amended to allow HPO to review and approve modifications.

International Mechanical Code IMC 106.1.1 “Annual Permit”

New Provision Decrease An annual permit for mechanical repairs can be issued to a person, firm or corporation to perform mechanical work on individual mechanical system or equipment that has already been approved when they employ a qualified tradesperson.

IMC 403.3.2 Mechanical Ventilation

New Provision Increase Ventilation requirements for R-2 occupancies three stories or less in height have been completely revised to include requirements for inclusion of mechanical exhaust and supply for each dwelling unit. 78

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Section(s) and Issue(s) Type of Change Cost

Implication Comment/Description

International Fuel & Gas Code IFGC 307.6 A/C Condensation Pumps

New Provision Increase Condensation pumps located in attics, crawl spaces and other uninhabited spaces must have controls that shut down the appliance upon failure of the pumping system.

IFGC 404.7 ”Protection Against Physical Damage”

New Provision Increase Provisions added to protect concealed piping from penetration by nails, screws and other fasteners.

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MEMORANDUM

Planning Department Date: May 21, 2018 Subject: Update of City Building Codes to ICC 2015 Editions (Residential 1 & 2 Family Only) To: The Honorable Mayor and City Council Through: Kenneth Williams, City Manager From: Chance Sparks, Assistant City Manager and Michael Gleason, Building Official This memo provides an overview of changes between the 2012 and 2015 editions of the ICC Building Codes, which are the adopted building codes for the City of Buda. For ease of consumption, this memo is limited to the International Residential Code (IRC), which is the building code for 1 & 2 family dwellings. This is a restatement of an assessment performed by the National Association of Home Builders, National Multifamily Housing Council as well as others engaged in multifamily/light commercial construction and development using the IRC. This is not a comprehensive collection of all of the changes—only those that these industry groups identified as most impactful. As a note, many of the most impactful changes already apply to Buda, as Buda adopted the 2015 International Energy Conservation Code in 2015 as a result of state law changes dictating its application and also had local amendments in place to the 2012 that accomplished similar changes. In addition, the 2015 Codes seek to correct/clarify a number of items that were confused in the 2009 to 2012 ICC updates. The City’s proposed local amendments reflect primarily administrative items such as timing of certain report submissions, providing specificity to the permit exemptions, etc. These local amendments were drafted in consultation with the Austin Home Builders Association, other jurisdictions in the region (for consistency), review of national recommending bodies, and with full engagement of the city attorney’s office for a comprehensive review of the entire group of codes beyond simply approving to form. Substantive local amendments include:

• Revised 15 amp wiring to 12 gauge wire to prevent against potential overloading and fire hazard for unapproved use of 14 gauge wire (this is a future-proofing provision)

• Made 4% duct leakage mandatory for all residential across the board as opposed to a movable leakage target per Energy Rating Index, resulting in improved HVAC performance, fewer complaints from homeowners and greater duct resilience against pests

• Added provision to require combustion air for natural gas water heaters in garage to prevent against snuffing out pilot lights due to lack of air exchange to address a common issue with homeowners and common report from Centerpoint Energy

Additionally, a summary of the Home Innovation Research labs Estimated Costs of the 2015 IRC Code Changes prepared for the National Association of Home Builders is attached. Buda is located in climate zone 2. Based on this study, the cost difference of the 2012 IRC versus the 2015 IRC ranges from a $507 savings to a $1,961 increase. Based on staff

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knowledge of local market, the cost implication in Buda should be nearly break-even. In addition, many regional builders already comply with the 2015 edition of the IRC in order to achieve consistency throughout their products in the region. As such, costs of the code changes are already factored in home costs. Topical Area Description Impact Building Planning & Construction

Section 301.2.1.2 Protection of openings. This change replaces 2-story limit on use of wood structural panels for wind-borne debris protection with limit based on 33-foot mean roof height.

Of Benefit to Consumers and Builders

Building Planning & Construction

Section R308.4.7 Glazing adjacent to bottom stair landing. This change will limit the requirement for glazing at the bottom of a landing by excluding windows greater than 180 degrees from the bottom face of the landing.

Of Benefit to Consumers and Builders

Building Planning & Construction

R310.6 Alterations or repairs of existing basements. This change includes clarification when an Emergency Escape and Rescue Opening is required in existing dwellings and for additions

Of Benefit to Consumers and Builders

Building Planning & Construction

Section R315 Carbon Monoxide Alarms. This change is a complete rewrite of the section on carbon monoxide alarms to match the format for smoke alarms. It also introduces exceptions from requiring Carbon Monoxide Detectors, based on the same exceptions found under smoke alarms.

Of Benefit to Consumers and Builders

Building Planning & Construction

Section R316.4 Thermal Barrier. This change adds 23/32 wood structural panels as an acceptable alternative for thermal barrier protection.

Of Benefit to Consumers and Builders

Building Planning & Construction

R403.1.1 Minimum size. The existing table of minimum footing widths, Table R403.1, is replaced with a new expanded, engineering-based table that reduces the minimum footing width for many common one- and two-story dwelling foundations.

Of Benefit to Consumers and Builders

Building Planning & Construction

Section R404.1.1 Design required. Revises retaining wall definition and provision and requires a foundation wall to be supported at both the top and bottom prior to backfilling.

Of Benefit to Consumers and Builders

Building Planning & Construction

Section R507.1 Decks. Changes include new floor joist and beam span tables, allowable post sizes and other construction details.

Of Benefit to Consumers and Builders

Building Planning & Construction

Section R507.2.4 Deck lateral load connection. Adds alternative to deck lateral connection.

Of Benefit to Consumers and Builders

Building Planning & Construction

Table R602.3(1) Fastening schedule for structural members. Changes the minimum fastener schedule, is significantly revised, including the addition of common nails and other nail types. In most cases, the minimum number of box nails previously required is increased by one.

Of Benefit to Consumers and Builders

Building Planning & Construction

Table R602.10.3(1) Bracing requirements based on wind speed. Allows using the average of the two spaces between a braced wall line and the next adjacent braced wall line on each side as the spacing used to enter the wind table.

Of Benefit to Consumers and Builders

Building Planning & Construction

Table R602.10.5 Minimum length of braced wall panels. Allows segments of continuously-sheathed portal frames to contribute more towards required bracing.

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Topical Area Description Impact Building Planning & Construction

Section R602.10.8.2 Connections to roof framing. Adds option to use wood structural panel sheathing to provide high-heel blocking and allows truss supplier to provide truss blocks without requiring engineer's stamp.

Of Benefit to Consumers and Builders

Building Planning & Construction

Section R703.3 Nominal thickness and attachments. Limits use of prescriptive siding attachment table based on wind speed, exposure category and mean roof height. Adds provisions for attachment of siding through foam sheathing over coldformed steel framing. Adds provisions for attachment of siding through foam sheathing over concrete and masonry walls.

Of Benefit to Consumers and Builders

Building Planning & Construction

Section R703.6 Wood Shakes and Shingles. Updates requirements for attachment of wood shakes and shingles as exterior wall and roof cladding.

Of Benefit to Consumers and Builders

Building Planning & Construction

R905.1.1 Underlayment. Provides a new table summarizing underlayment requirements, including high-wind requirements. Adds alternative for using 4" strips of self-adhered membrane at panel joints.

Of Benefit to Consumers and Builders

Building Planning & Construction

Section R322.1 General. The section is revised to recognize Coastal A Zones where established by FEMA or the jurisdiction and require foundations of dwellings in Coastal A Zones to be constructed using pier and pile foundations similar to Zone V structures, with the exception that backfilled stem walls are permitted.

Of Benefit to Consumers, but Builders Need to be Aware

Building Planning & Construction

Section R322.2.1 Elevation requirements. The section is revised to require a minimum one foot of freeboard for dwellings in Zone A flood hazard areas. Note: Local ordinance (UDC) requires 2 feet of freeboard and some other additional requirements

Of Benefit to Consumers, but Builders Need to be Aware

Building Planning & Construction

New Section R322.3.5.1 Protection of building envelope. A new section is added requiring an exterior door be provided at the top of stairs enclosed with breakaway walls and providing access to the dwelling.

Of Benefit to Consumers, but Builders Need to be Aware

Building Planning & Construction

Section 602.7.5 Supports for headers. The Section is revised to require at least one king stud is needed each end of a header in addition to required jack studs. A table is added providing the minimum number of king studs based on the opening size.

Of Benefit to Consumers, but Builders Need to be Aware

Energy Conservation Table N1102.1.4 Equivalent U-Factors. U-Factor wall corrections for walls in all climate zones.

Of Benefit to Consumers and Builders

Energy Conservation Section N1102.2.4 Access hatches and doors. Vertical doors allowed to meet exterior door requirements.

Of Benefit to Consumers and Builders

Energy Conservation Section N1102.2.8 Floors. Adds option to have floor insulation NOT against the underside of floor.

Of Benefit to Consumers and Builders

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Topical Area Description Impact Energy Conservation Section N1103.5.3 Hot water pipe insulation. Eliminates pipe

insulation to kitchen and eliminates table. It also limits insulation to all pipe 3/4 inch or larger.

Of Benefit to Consumers and Builders

Energy Conservation New Appendix T Recommended procedure for Worst-case testing of atmospheric venting systems. Introduces new definitions for Combustion Appliance Zone and additional requirements for the required testing of combustion appliances.

Of Benefit to Consumers and Builders

Energy Conservation New Appendix U Solar Ready Provision. Adds an appendix that contains requirements for areas on the roof to be dedicated for future installations.

Of Benefit to Consumers and Builders

Energy Conservation Table N1102.4.1.1 Air Barrier and Insulation installation. Cavities within corners and headers shall be insulated by completely filling the cavity with a material having a thermal resistance of R3 per inch minimum.

Of Benefit to Consumers, but Builders Need to be Aware

Energy Conservation Section N1103.5.1 Heated water circulation and Temperature maintenance systems. Requires limited water temperature increase to 10F and adds a pointer in a new IRC Plumbing section back to section N1103.4.1

Of Benefit to Consumers, but Builders Need to be Aware

Energy Conservation Section N1105.4.2Compliance Report. Details compliance report requirements.

Of Benefit to Consumers, but Builders Need to be Aware

Energy Conservation Section N1106 Energy Rating Index Compliance Alternative. Introduces a HERS-like alternate compliance path.

Of Benefit to Consumers, but Builders Need to be Aware

Mechanical & Plumbing

Section M1503.4 Makeup air required. The section was revised to explicitly permit the use of gravity dampers for the kitchen makeup air system and clarify that natural ventilation (rather than fans) can be used to provide the required makeup air.

Of Benefit to Consumers and Builders

Mechanical & Plumbing

M1601.4.1 Joints, seams and connections. The section is revised to require longitudinal joints to be sealed or gasketed on snap-lock and button-lock type ducts.

Of Benefit to Consumers and Builders

Mechanical & Plumbing

P2603.2.1 Protection against physical damage. The section is revised to reduce the dimension for requiring strike plates from 1-1/2" to 1-1/4", thus reducing the number of strike plates required.

Of Benefit to Consumers and Builders

Mechanical & Plumbing

Table P2903.1 Required capacities at point of outlet discharge. The table was revised to reduce the required minimum flow rate capacities for lavatory, sink and shower fixtures, thus effectively reducing the required size of piping.

Of Benefit to Consumers and Builders

Mechanical & Plumbing

Section R3201.2 Trap seals. Revises section to allow more options for traps subject to evaporation, such as barrier-type trap seal protection devices

Of Benefit to Consumers and Builders

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Topical Area Description Impact Mechanical & Plumbing

New Section M1411.4 Condensate pumps. Added a new section requiring an automatic shut-off be provided on condensate lines serving appliances in attics and crawl spaces in case the condensate pump fails.

Of Benefit to Consumers, but Builders Need to be Aware

Mechanical & Plumbing

Section M1506.2 Duct length. The section was revised to incorporate a new exhaust duct length table based on ASHRAE 62.2 that specifies very stringent maximum limits on duct lengths.

Of Benefit to Consumers, but Builders Need to be Aware

84

ESTIMATED COSTS OF THE

2015 IRC CODE CHANGES

Prepared For

National Association of Home Builders

December 2014

Report No. 5946-002_11192014

400 Prince George’s Blvd. | Upper Marlboro, MD 20774 | 800.638.8556 | HomeInnovation.com

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Disclaimer

Neither Home Innovation Research Labs, Inc., nor any person acting on

its behalf, makes any warranty, expressed or implied, with respect to

the use of any information, apparatus, method, or process disclosed in

this publication or that such use may not infringe privately owned

rights, or assumes any liabilities with respect to the use of, or for

damages resulting from the use of, any information, apparatus, method,

or process disclosed in this publication, or is responsible for statements

made or opinions expressed by individual authors.

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Home Innovation Research Labs December 2014

i Estimated Costs of the 2015 IRC Code Changes

TABLE OF CONTENTS

Acronyms, Abbreviations, and Definitions ..................................................................................... iii

Background ...................................................................................................................................... 1

Methodology .................................................................................................................................... 1

National Construction Cost .......................................................................................................... 1

Reference House Configurations ................................................................................................. 2

House Size, Cost, and Features .................................................................................................... 2

Reference House Definition ......................................................................................................... 3

Results .............................................................................................................................................. 4

Estimated Cost of 2015 Code Compliance for Reference Houses by Location ............................ 4

Appendix A: Description and Cost Impact of 2015 IRC Code CHanges ............................................ 6

Appendix A-AA: CAZ Testing Appendix ........................................................................................ 6

Appendix A-FEA: Features ............................................................................................................ 7

Appendix A-FDN: Foundation .................................................................................................... 14

Appendix A-FR: Framing............................................................................................................. 16

Appendix A-HVAC: HVAC Systems ............................................................................................. 23

Appendix A-LOC: Location ......................................................................................................... 28

Appendix A-MAT: Materials ....................................................................................................... 33

Appendix A-METH: Method ....................................................................................................... 38

Appendix A-PL: Plumbing Systems ............................................................................................. 40

APPENDIX B: Location Adjustment Factors .................................................................................... 43

APPENDIX C: One-Story House with Slab Foundation ................................................................... 44

APPENDIX D: Two-story House with Slab Foundation ................................................................... 45

APPENDIX E: One-Story House with Basement Foundation .......................................................... 46

APPENDIX F: Two-Story House with Basement Foundation .......................................................... 47

Appendix H: References ................................................................................................................. 48

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TABLES

Table 1. New Construction Foundation Types .............................................................................................. 2

Table 2. New Construction Number of Stories ............................................................................................. 2

Table 3. Typical HVAC Systems Supplied with New Houses ......................................................................... 3

Table 4. Features of the Reference Houses .................................................................................................. 3

Table 5. Estimated Cost of 2015 Code Compliance ...................................................................................... 4

Table 6. Additional Costs of 2015 Code Compliance not Attributed to the Reference Houses ................... 5

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iii Estimated Costs of the 2015 IRC Code Changes

ACRONYMS, ABBREVIATIONS, AND DEFINITIONS

AHS American Housing Survey—national survey conducted biennially by the U.S. Census

Bureau in odd years

A Zone A coastal area defined by breaking waves and erosion during base flood1

BFE Base flood elevation

BPS Builder Practices Survey—national survey conducted annually by Home Innovation

Research Labs

CAZ Combustion appliance zone

CDD Cooling degree days—in the IECC 2012, sum of the differences of mean daily

temperature above 50° F

CFM Cubic feet per minute (a measure of flow)

CFS Cold-formed steel

CS-PF Continuous sheathed portal frame—a term for the frame around a two-car garage door

opening in the IRC

C.Y. Cubic yards

CZ Climate zone, as defined by the International Code Council (ICC)

EE Energy efficiency

EERO Emergency escape and rescue opening

ERI Energy rating index

FG Fiberglass (batt insulation)

FIRM Flood Insurance Rate Map (Developed by FEMA to denote flood risk areas)

HDD Heating degree days—sum of the differences of mean daily temperature below 65°F

HVAC Heating, ventilation, and cooling

IBC International Building Code

ICC International Code Council

IECC International Energy Conservation Code

1 https://www.fema.gov/pdf/rebuild/mat/coastal_a_zones.pdf

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iv Estimated Costs of the 2015 IRC Code Changes

IRC International Residential Code

LiMWA Limit of Moderate Wave Action, defined as the landward extent of a coastal area

expected to experience breaking waves 1.5 feet or greater in height. The LiMWA

typically defines the landward limit of the Coastal A Zone.

LF Linear feet

NAHB National Association of Home Builders

O&P Overhead and profit

PSF Pounds per square foot

SF Square feet

SYP Southern yellow pine

XPS Extruded polystyrene (rigid foam sheathing)

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BACKGROUND

The National Association of Home Builders (NAHB) provided a list of 47 code changes to the 2012

International Residential Code (2012 IRC) which were approved for incorporation into the 2015 IRC.

Home Innovation Research Labs estimated the expected cost impact of these code changes on

construction practices and materials. In the process, a number of the selected code changes were found

to be inconsequential (e.g. no cost increase or savings). NAHB opted not to include these changes in this

report.

Reported as cost variance to the builder, the results are also aggregated in cost estimate ranges in an

effort to estimate a cumulative cost impact on an average house in selected climate zones.

METHODOLOGY

Baseline metrics for four single family houses built to the 2012 IRC and 2012 International Energy

Conservation Code (2012 IECC) building codes2 were defined in order to determine the cost impact

resulting from the revisions approved for the 2015 codes. The houses were selected for their similarity

to new home offerings in the six metropolitan area(s) that were deemed representative locations for

this study by the NAHB. The metros identified were Miami, Dallas, Los Angeles, Seattle, New York, and

Chicago. Elevations and floor plans for these reference houses are provided in Appendices C through F.

The reference houses defined a starting point for the analysis of the cost impact to a newly-constructed

home resulting from adoption of the 2015 IRC and IECC building codes (relative to a 2012 IRC/IECC

baseline).

National Construction Cost

Cost impacts in this analysis have been developed primarily with data adapted from the following

sources: (1) RSMeans’ Residential Cost Data 2014,3 (2) ASHRAE 1481 RP4 and similar reports by the

Home Innovation Research Labs (Home Innovation), (3) distributors’ or big box retailers’ websites, and

(4) U.S. government reporting from the Census5 and the Bureau of Labor Statistics6. Other cost sources

are cited in Appendix A of this report as applicable to a specific code change. Costs are reported at the

national level and can be modified for a region using builders’ known bid prices or by applying a location

factor adjustment shown in Appendix B. Costs reported are the cost to the builder and do not include

the builder’s gross margin, reported as ranging between 17 to 20% of construction cost per 2012 Cost of

2 International Code Council, www.iccsafe.org/Pages/default.aspx

3 http://rsmeans.reedconstructiondata.com

4 NAHB Research Center, 2009. Economic Database in Support of ASHRAE 90.2 1481 RP.

https://www.google.com/#q=ashrae+1481+rp 5 http://factfinder2.census.gov/faces/tableservices/jsf/pages/productview.xhtml?src=bkmk 6 http://www.bls.gov/oes/current/oes_nat.htm#47-0000

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Doing Business7 and 2013 Construction Cost Survey for Single-Family Homes8. Therefore, the compiled

costs do not reflect the consumer price.

Reference House Configurations

The four single-family detached building designs (see Appendices C-F) used in this analysis are based on

the data contained in the Census Bureau report, Characteristics of New Single Family Construction

Completed.9 The report provides information as to building foundation type (Table 1) and number of

stories for new single family detached construction over the previous nine year period. (Table 2).

Table 1. New Construction Foundation Types

Slab 54%

Crawlspace 17%

Basement 30%

Table 2. New Construction Number of Stories

One-story 53%

Two-story 43%

Three-story 3%

The Census data supports defining the four reference houses as follows to encompass approximately

85% of the last decade’s new single-family construction:

• One-story on slab foundation

• Two-story on slab foundation

• One-story on basement foundation

• Two-story on basement foundation

House Size, Cost, and Features

A reference house and lot size have been defined based on a report by Heather Taylor, The Cost of

Constructing a Home, for the NAHB Housing Economics division, January, 201410. The report covers

results from a 2013 survey using national averages and indicates that the average 2,607 SF house cost

the builder $246,453 to construct on a lot that cost $74,509, for a sales price of $399,352.

Based on the data compiled by Home Innovation from the Builder Practices Survey 2013 (BPS)11, a

nationwide annual survey, the typical Heating, Ventilation, and Cooling (HVAC) systems used with new

houses are summarized in Table 3. According to the BPS, 44% of new homes are cooled with a central air

conditioner. These results influenced the selection of a gas furnace with central (electric) air conditioner

for each of the reference houses.

7 NAHB Business Management & Information Technology, 2009.

http://secure.builderbooks.com/cgi-bin/builderbooks/965?id=hGY9PfM8&mv_pc=22

8 Taylor, H. for NAHB, 2014. www.nahb.org/generic.aspx?sectionID=734&genericContentID=221388&channelID=311

9 www.census.gov/construction/chars/completed.html 10 Taylor, H. for NAHB, 2014. www.nahb.org/generic.aspx?sectionID=734&genericContentID=221388&channelID=311

11 www.homeinnovation.com/trends_and_reports/data/new_construction 92

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3 Estimated Costs of the 2015 IRC Code Changes

Table 3. Typical HVAC Systems Supplied with New Houses

Feature Quantity or % of Stock Furnace or Boiler, natural gas or propane 48% Central Air Conditioner, electric 44% Standard Heat Pump with Backup Heat 41% Geothermal Heat Pump 4% Electric furnace, baseboard, or radiant 4% Furnace or Boiler, oil 2%

Reference House Definition

The statistics presented in the foregoing tables support reference house features that are enumerated

in Table 4. These four houses, in compliance with the minimum requirements of the 2012 IRC, will serve

as the baseline(s) for adding or subtracting costs to estimate the impact of the code changes approved

for the 2015 IRC.

Table 4. Features of the Reference Houses

Reference House 1 2 3 4 Square Feet 2,607 2,607 2,607 2,607 Foundation Slab Slab Basement Basement Number of Stories 1 2 1 2 Number of Bedrooms 3 4 3 4 Number of Bathrooms 2 2.5 2 3 Garage, attached 2-car 2-car 2-car 2-car Heat, Gas Furnace Yes Yes Yes Yes Cooling, (Electric) central air Yes Yes Yes Yes Hot Water, Gas 50 gallon tank Yes Yes Yes Yes 9 ft. Ceilings, 1st Yes Yes Yes Yes 8 ft. Ceilings, 2nd n/a n/a Yes Yes Energy Star appliances Yes Yes Yes Yes

Laundry Room Yes -

Mudroom Yes

Yes - Mudroom

Yes - Closet

Walls, 2x4 (Zones 1&2) Yes Yes n/a n/a Walls, 2x6 (Zones 3 thru 8) Yes Yes Yes Yes Bsmt., Conditioned, Unfinished n/a n/a Yes Yes Furnace Location Attic Attic Basement Basement Water Heater Location Interior Garage Basement Basement Window SF/% gross wall 360/18% 315/12% 360/18% 330/12% Cladding Brick, 4 sides Brick, 4 sides Brick, 4 sides Stucco

The furnace location has been designated as a platform in the attic for both slab reference houses, a

practice that is common in Florida and Texas, where the weather is temperate year round, and thus, the

location is practical. A house built on a slab foundation in a cold climate zone would have the HVAC and

water heating equipment located within conditioned space, therefore, some additional costs might be

incurred to build that house to the 2015 code. For example, if the HVAC equipment were naturally

drafted, a special sealed room with combustion air supply would have to house the equipment,

whereas, having defined the reference slab houses as having the equipment outside of conditioned

space within the attic eliminates the need (and cost) to specially seal the equipment space. Likewise, if a

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4 Estimated Costs of the 2015 IRC Code Changes

house contained all electric equipment, then any expense associated with combustion equipment within

the conditioned space would be eliminated.

It was also assumed that the path to compliance with the 2012 IRC required that the reference houses in

climate zones 3 through 8 be constructed of 2x6 to accommodate appropriate thickness of cavity

insulation.

RESULTS

Estimated Cost of 2015 Code Compliance for Reference Houses by Location

Table 5 summarizes the estimated cumulative impact of the 2015 code changes on the cost of

constructing the reference houses. For the purpose of cost aggregation, it was assumed that reference

houses were not built in coastal zones or subject to flooding. The aggregated costs are reported in

ranges of “High” and “Low” impact based on the applicability of the changes to the features of the

reference houses. The results are also grouped into two climate zones categories (CZ 1&2 and CZ3-8) to

illustrate the degree of climatic effects on the aggregated costs. Table 6 summarizes the cost estimates

of the code changes that do not directly apply to the selected reference houses and are not included in

the aggregated summary. Those costs can be added or subtracted from the aggregated costs in Table 5

if applicable to a particular location or a specific building. A detailed analysis of each individual code

change is provided in Appendix A.

Table 5. Estimated Cost of 2015 Code Compliance

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Table 6. Additional Costs of 2015 Code Compliance not Attributed to the Reference Houses

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City Council Agenda Item ReportDate: Tuesday, July 3, 2018

Agenda Item No. 2018-386-Contact: Chance Sparks

Subject: Adoption of the second reading of an Ordinance amending Chapter 14,Article 14.05; amending regulations related to junked vehicles; providing forseverability; repealing conflicting ordinances; establishing a penalty; andproviding an effective date (Assistant City Manager Chance Sparks)

1. Executive SummaryWhile updating the ICC codes to the 2015 edition, staff and attorneys identified deficiencies in thejunked vehicle regulations within the nuisance provisions of City Code. Elements of the currentordinance are not consistent with state law, though city staff already follows state law. Thisordinance brings the city junked vehicle regulations back into alignment with state laws and caselaw. The changes involve modernization of definitions and adjustments to enforcement procedures.

City Council approved the first reading unanimously on June 19th.

2. Background/HistoryIn the course of preparing the ICC code updates and merging elements of the nuisance ordinance intothe Property Maintenance Code, city staff and the city attorney observed that the junked vehicleordinance was substantially out-of-date with updates in state laws and case law.

A city may adopt an ordinance under Chapter 683 of the Transportation Code for the abatement andremoval from private or public property or a public right-of-way of a junked vehicle as a publicnuisance. In 2003 the Texas Legislature passed a bill that “would authorize a municipality or countyto adopt an ordinance that imposes additional requirements that exceed the minimum standards forjunked vehicles as defined in Section 683.072.

A city’s procedures must provide for appropriate notice under Section 683.075 to possibleowners of the vehicle and then allow for a public hearing on request of the individual givennotice. The procedures for abatement and removal of the junked vehicle must be administered bya regularly salaried, full-time employee of the city, but the actual removal of the nuisance can bemade by any person designated. The administrator of the junked vehicle ordinance may “enterprivate property to examine a public nuisance, to obtain information to identify the nuisance, andto remove or direct the removal of the nuisance.”

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Once a vehicle is found that may be a public nuisance, the city must provide for no less than tendays notice to the last known registered owner, each lienholder, and the owner of the property, ifthe vehicle is located on private property, or the adjacent property owner, if the vehicle is locatedon public right-of-way. The notice must state that the nuisance must be abated or removed withinten days and any request for a hearing must be made before the ten-day period expires.

The notice must be personally delivered, sent by certified mail with a five-day return requested, ordelivered by the United States Postal Service with signature confirmation service to: (1) the lastregistered owner; (2) each lienholder; and (3) the property owner or occupant of the property onwhich the nuisance is located or the nuisance is adjacent to. If a person who receives notice underSection 683.075 requests a hearing, the governing body of the city must conduct a public hearingbefore removing the vehicle. If the city needs to remove or abate the junked vehicle after notice and apossible hearing, the junked vehicle may be sent to a scrapyard or demolisher. An offense under anordinance adopted under Chapter 683 is a misdemeanor punishable by a fine of up to $200. Themunicipal court can issue the necessary orders to enforce the law, including the removal of thenuisance on conviction.

A city’s junked vehicle ordinance and procedures do not apply to vehicles that are completelyenclosed in a building and not visible from the street or other properties. Also, special interestvehicles owned by a hobbyist can be kept outside on private property as long as the vehicle ismaintained in an orderly manner, does not pose a health hazard, and is screened from public viewby a fence, trees, or shrubs.

3. Staff's review and analysisThe attached ordinance updates the definition of a junked vehicle to include aircraft or watercraftand removes the requirement for self-propulsion to address circumstances like junked trailers,junked travel trailers and junked boats. The definition of demolisher is updated to reflect state lawlanguage. The declaration of nuisance statement is updated and clarified. It also eliminates therequirement for "double stickers" that resulted from elimination of the state inspection sticker.

More substantial changes appear in the procedure for removal of junked vehicles from privateproperty and public property, creating significantly more specificity in the actions that must betaken by the City in accordance with changes in state law and case law. Much of this has to do withnotification requirements, content of notifications, method of notice and other steps required. Thepublic hearing process is shifted from City Council to the Construction Board of Appeals due to thesimilarities in due process, de novo hearings, burden of proof and the quasi-judicial nature of theBoard.

State law items are also clarified in that the abatement or removal of a public nuisance must beadministered by salaried full-time city employees, and that said employees have right to enterproperty. The ordinance also clarifies that relocation of a junked vehicle to another local in the cityhas no effect on the proceedings if the junked vehicle continues to constitute a nuisance at its newlocation. Certain exemptions, such as collector vehicles, are provided in state law and reflected inthe ordinance.

The result of the ordinance is improved compliance with state law and more effectiveenforcement/prosecution of junked vehicles.

4. Financial ImpactThe financial impact is minimal. Staff has already begun following notification & proceduralrequirements that result from state law to maintain compliance. Changing the local ordinance tomatch does not increase the burden or costs of enforcement. 97

5. Summary/ConclusionUpdating of the ordinance as depicted in the draft results in improved conformance with state lawand case law related to junked vehicle regulation. It creates an ordinance that is more enforceable &defensible. Changes are primarily related to definitions and procedures, many of which are alreadybeing followed due to requirements for code enforcement to act in a manner consistent with statelaw.

6. Pros and ConsThis is an ordinance update to match state & case law. Staff is not able to identify cons to thisaction.

7. AlternativesUpdate of the Junked Vehicle Ordinance is a discretionary action of City Council. The City Councilmay consider approval as presented, approval with modifications, tabling pending receipt ofadditional information specified, or declining to approve by failure of motion or no motion.

8. RecommendationStaff recommends the City Council consider approval.

City Council approved the first reading unanimously on June 19th.

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ORDINANCE NO. _____-___

AN ORDINANCE OF THE CITY OF BUDA, TEXAS, AMENDING

CHAPTER 14, ARTICLE 14.05; AMENDING REGULATIONS RELATED

TO JUNKED VEHICLES; PROVIDING FOR SEVERABILITY;

REPEALING CONFLICTING ORDINANCES; ESTABLISHING A

PENALTY; AND PROVIDING AN EFFECTIVE DATE.

WHEREAS, the City Council of the City of Buda declares that junked vehicles are detrimental

to the safety and welfare of the general public, reduce the value of private property, invite

vandalism, create fire hazards, constitute an attractive nuisance that creates a hazard to the health

and safety of minors, produces urban blight adverse to the maintenance and continuing

development of the city; and such vehicles are, therefore, declared to be public nuisances; and,

WHEREAS, statutory changes relating to junked vehicles has necessitated changes in the City’s

junked vehicle ordinance; and,

WHEREAS, the City Council desires to assess costs against the owners of the nuisances, when

the City abates such nuisances; and

WHEREAS, the City desires to provide that appeals to junked vehicle notices be heard by the

City’s construction board of appeals; and

WHEREAS, the City of Buda deems it necessary and appropriate to amend its junked vehicle

ordinance;

NOW THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF

BUDA, TEXAS:

Section 1: The facts and recitations set forth in the preamble of this ordinance are hereby

found to be true and correct.

Section 2: The City of Buda Code of Ordinances is hereby amended by deleting article 14.05

of chapter 14 thereof and substituting therefor new article 14.05 of chapter 14 to provide as

follows:

“ARTICLE 14.05 JUNKED VEHICLES

Sec. 14.05.001 Definitions

When used herein:

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Motor vehicle demolisher. A person whose business is to convert a motor vehicle into processed

scrap or scrap metal or to otherwise wreck or dismantle a motor vehicle.

Junked vehicle. A motor vehicle, aircraft or watercraft that:

(1) is self-propelled; and

(2) is:

(A) wrecked, dismantled or partially dismantled, or discarded; or

(B) inoperable and has remained inoperable for more than:

(i) 72 consecutive hours, if the vehicle is on public property; or

(ii) 30 consecutive days, if the vehicle is on private property.

Sec. 14.05.002 Declaration of nuisance

A junked vehicle, including a part of a junked vehicle, that is visible at any time of the year from

a public place or public right-of-way is detrimental to the safety and welfare of the public, tends

to reduce the value of private property, invites vandalism, creates a fire hazard, is an attractive

nuisance creating a hazard to the health and safety of minors, produces urban blight adverse to

the maintenance and continuing development of the city and is a public nuisance.

Sec. 14.05.003 Offense

A person commits an offense if the person maintains a public nuisance described by section

14.05.002.

Sec. 14.05.004 Penalty

(a) Upon conviction for violation of any provisions of this article relating to the maintaining

of a public nuisance as described herein or in permitting or allowing such public nuisance

to exist, such violator shall be punished by a fine not exceeding $200.00, and each day

that such nuisance exists shall constitute a separate offense.

(b) On conviction, the court shall order abatement and removal of the nuisance.

Sec. 14.05.005 Notice to abate

(a) Vehicles and vehicle parts on private property. For a public nuisance under this article on

private property within the city, notice to abate and remove the nuisance shall be provided to the

last known registered owner of the nuisance, any lienholder of record of the nuisance and the

owner or occupant of the private premises on which the nuisance is located. The notice must

state the nature of the nuisance, must provide that the nuisance be abated and removed not later

than the tenth day after the date on which the notice was personally delivered or mailed, and that

any request for a hearing must be made before that ten-day period expires. Additionally, the

notice must include a statement that if the city abates and removes or causes the abatement and

removal of the nuisance, costs associated with the abatement and removal may be assessed

against the registered owner of the nuisance or the owner or occupant of the private premises on

which the nuisance is located. The notice must be personally delivered, sent by certified mail 100

Page 3 of 6

with a five-day return requested or delivered by the United States Postal Service with signature

confirmation to the persons listed above. If the address of the last known registered owner of the

nuisance is unknown, notice may be placed on the nuisance or, if the owner is located, personally

delivered. If any notice is returned undelivered, action to abate and remove the nuisance shall be

continued to a date not earlier than the eleventh day after the date of return.

(b) Vehicles and vehicle parts on public right-of-way. For a public nuisance under this article

on a public right-of-way within the city, notice to abate and remove the nuisance shall be

provided to the last known registered owner of the nuisance, any lienholder of record of the

nuisance and the owner or occupant of the property adjacent to the right-of-way. The notice must

state the nature of the nuisance and must provide that the nuisance be abated and removed not

later than the tenth day after the date on which the notice was personally delivered or mailed, and

that any request for a hearing must be made before that ten-day period expires. Additionally, the

notice must include a statement that if the city abates and removes or causes the abatement and

removal of the nuisance, costs of such abatement and removal may be assessed against the

registered owner of the nuisance. The notice must be personally delivered, sent by certified mail

with a five-day return requested or delivered by the United States Postal Service with signature

confirmation to the persons listed above. If the address of the last known registered owner of the

nuisance is unknown, notice may be placed on the nuisance or, if the owner is located, personally

delivered. If any notice is returned undelivered, action to abate and remove the nuisance shall be

continued to a date not earlier than the eleventh day after the date of return.

Sec. 14.05.006 Public hearing

If requested within the ten days after service of the notice to abate and remove the public

nuisance by a person for whom notice is required under subsection 14.05.005(a) or subsection

14.05.005(b), as applicable, a public hearing must be held prior to the abatement and removal of

the vehicle or vehicle part constituting the nuisance. The hearing shall be held before the

construction board of appeals not earlier than the eleventh day after the date of the service of

notice. Any order requiring the removal of a vehicle or part thereof shall include a description of

the vehicle, vehicle identification number and license plate number of the vehicle, if such

information is available.

Sec. 14.05.007 Procedures

(a) Procedures for the abatement and removal of a public nuisance described by section

14.05.002 shall be administered by regularly salaried, full-time employees of the city,

except that any authorized person may remove the nuisance.

(b) A person authorized to administer the procedures may enter private property to examine

a public nuisance, to obtain information to identify the nuisance, and to remove or

direct the removal of the nuisance.

(c) The relocation of a junked vehicle that is a public nuisance to another location in the

city after a proceeding for the abatement and removal of the public nuisance has

commenced has no effect on the proceeding if the junked vehicle constitutes a public

nuisance at the new location. 101

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Sec. 14.05.008 Notice to state highway department

Not later than the fifth day after the date of removal, notice shall be sent to the state department

of transportation that the junked vehicle or junked vehicle part has been declared a public

nuisance and removed. The notice must identify the vehicle or vehicle part in question.

Sec. 14.05.009 Reconstruction of removed vehicle

After a junked vehicle has been abated and removed under this article, it shall not be

reconstructed or made operable.

Sec. 14.05.010 Disposal of removed vehicle

If the public nuisance is not removed and abated after notice as required herein and official

action results in a resolution or order requiring removal of vehicle or vehicle part, said vehicle or

part may be disposed of by removal to a scrapyard, a motor vehicle demolisher, or any suitable

site operated by the city or Hays County.

Sec. 14.05.011 Costs

The city may assess the costs of abating, removing, storing, handling and demolishing the public

nuisance, the costs of notice associated with the nuisance, and any other costs incurred by the

city in abating the nuisance against the last known registered owner of the nuisance and the

owner or occupant of the private premises on which the nuisance is located, if located on private

property.

Sec. 14.05.012 Exemptions

Nothing herein shall authorize the city to declare a vehicle or vehicle part that is completely

enclosed within a building in a lawful manner where it is not visible from the street or other

public or private property, that is stored or parked in a lawful manner on private property in

connection with the business of a licensed vehicle dealer or junkyard, or that is an antique or

special interest vehicle stored by a motor vehicle collector on the collector’s property, if the

vehicle or part and the outdoor storage area are maintained in an orderly manner, not a health

hazard and screened from ordinary public view by means of a fence, rapidly growing trees,

shrubbery, or other appropriate means.

Sec. 14.05.013 Immediate removal of vehicles obstructing traffic

Nothing herein shall prohibit the immediate removal of a vehicle on public property or a public

right-of-way which constitutes an obstruction to traffic.”

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Section 3: Repeal. This ordinance shall be cumulative of all other ordinances of the City of

Buda, and this ordinance shall not operate to repeal or affect any other ordinances of the City of

Buda except insofar as the provisions thereof might be inconsistent or in conflict with the

provisions of this ordinance, in which event such conflicting provisions, if any, are hereby

repealed.

Section 4: Severability. If any clause or provision of this Ordinance shall be deemed to be

unenforceable for any reason, such unenforceable clause or provision shall be severed from the

remaining portion of the Ordinance, which shall continue to have full force and effect.

Section 5: Passage. Pursuant to Section 3.12(A) of the City Charter, the Council determined

that the first reading of this ordinance is sufficient for adequate consideration by an affirmative

vote of five or more members of the City Council during the first reading and the Ordinance was

passed by the affirmative vote of four or more members of the City council; therefore, this

Ordinance is adopted and enacted without further readings. In the event a second reading is

necessary, this Ordinance is adopted and enacted upon the affirmative vote of four or more

members of the City Council upon second reading.

Section 6: Penalty. Any person who violates, or any person who causes or allows another

person to violate, any provision of this Ordinance shall be deemed guilty of a misdemeanor and,

upon conviction thereof, shall be punished by a fine of not more than Two Hundred Dollars

($200.00). Each occurrence of any violation of this Ordinance shall constitute a separate offense.

Each day in which any violation of this Ordinance occurs shall constitute a separate offense.

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Section 7: Effective Date. This Ordinance shall take effect immediately from and after its

final passage and any publication in accordance with the requirements of the City of Buda and

the laws of the State of Texas.

PASSED, APPROVED AND ADOPTED by the City Council of the City of Buda, on this the

____ day of ________, 2018.

APPROVED:

__________________________

George Haehn, Mayor

ATTEST:

(CITY SEAL)

__________________________

Alicia Ramirez, City Secretary

City of Buda, Texas

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City Council Agenda Item ReportDate: Tuesday, July 3, 2018

Agenda Item No. 2018-388-Contact: Chance Sparks

Subject: Hold a public hearing regarding an ordinance to change the zoning fromInterstate 35 Business (B-3) to Light Industrial (LI) for approximately 2.008acres being Lots 3 and 4 of Capital Area Industrial Park Subdivision, HaysCounty, Texas and generally located on the south side of Industrial Way Drivebetween Interstate 35 and Dupree Drive (Z 18-01) (Senior Planner DavidFowler)

1. Executive SummaryThis is the statutory public hearing for this zoning change request. Staff has made the requiredpublic notifications in advance of this hearing, pursuant to the requirements of the city’s UnifiedDevelopment Code and state law. This hearing is being held in accordance with applicable state andlocal laws as they pertain to public hearings. The Planning & Zoning Commission conducted a publichearing on May 22, 2018, receiving no comments.

2. Background/HistoryN/A

3. Staff's review and analysisThis is the public hearing aspect of a zoning change request. Detailed analyses are found with theregular agenda item.

4. Financial ImpactN/A

5. Summary/ConclusionN/A

6. Pros and ConsN/A

7. Alternatives 105

N/A

8. RecommendationThis is the public hearing to hear public comments, but not take any action. Action on this item canbe considered under the associated regular agenda item. The Chair shall open the public hearingand state the time, receive public comments, then close the public hearing and state the time.

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City Council Agenda Item ReportDate: Tuesday, July 3, 2018

Agenda Item No. 2018-390-Contact: Chance Sparks

Subject: Hold a public hearing regarding an ordinance to change the zoning from FormZone 4H (F4H) to Light Industrial (LI) for approximately 5.92 acres being Lots 1and 2 of Block A, Loop 4 Addition, Hays County, Texas and generally locatedon the west side of South Loop 4 (South RM 967) approximately 1,200 feetsouth of West Goforth Road (Z 18-02) (Senior Planner David Fowler)

1. Executive SummaryThis is the statutory public hearing for this zoning change request. Staff has made the requiredpublic notifications in advance of this hearing, pursuant to the requirements of the city’s UnifiedDevelopment Code and state law. This hearing is being held in accordance with applicable state andlocal laws as they pertain to public hearings. The Planning & Zoning Commission conducted a publichearing on May 22, 2018, receiving no comments.

2. Background/HistoryN/A

3. Staff's review and analysisThis is the public hearing aspect of a zoning change request. Detailed analyses are found with theregular agenda item.

4. Financial ImpactN/A

5. Summary/ConclusionN/A

6. Pros and ConsN/A

7. AlternativesN/A 107

8. RecommendationThis is the public hearing to hear public comments, but not take any action. Action on this item canbe considered under the associated regular agenda item. The Chair shall open the public hearingand state the time, receive public comments, then close the public hearing and state the time.

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June 27, 2018

For Immediate Release

GBRA Aligns with Alliance Water to Develop Groundwater Project in Gonzales County

GBRA Contact: Ja'Nise Solitaire, (830) 379-5822, jsolitaire@gbra.org

Alliance Water Contact: Kara Bishop Buffington, (512) 663-1719, kara@gapstrategies.com

The Guadalupe-Blanco River Authority (GBRA) and Alliance Regional Water Authority (Alliance Water) have reached an agreement to collaboratively develop a 26.8 million gallon-per-day groundwater project in Caldwell and Gonzales counties. The partnership will save over $60 million and will have a smaller environmental footprint as compared to the previous independent projects they were pursuing. The GBRA Board of Directors approved the project at its monthly meeting on June 20 and the Alliance Water Board of Directors finalized the deal today at their monthly meeting.

“This project resolves a water supply issue in the region in the interest of stakeholders and our respective organizations alike,” said Alliance Water’s Executive Director Graham Moore. “We are excited to have an excellent partner in GBRA and look forward to adding their water supply and customers into the project.”

“This agreement with Alliance Water is a major step forward for GBRA in our efforts to supply high-quality water to growing cities along the I-35 corridor,” said GBRA General Manager/CEO Kevin Patteson. “We are very appreciative of Alliance Water’s willingness to work with us to produce a win-win project that benefits thousands of water users in South Texas.”

GBRA and Alliance Water will each produce about 15,000 acre feet per year of permitted Carrizo Aquifer groundwater in Caldwell and Gonzales counties, treat it to drinking water standards and then deliver it to customers in Caldwell, Hays, Guadalupe and Comal Counties. GBRA’s customers include the City of Lockhart, New Braunfels Utilities and Goforth Special Utility District in Niederwald. Alliance Water is developing the water for its Sponsors, the cities of Buda, Kyle, and San Marcos, as well as the Canyon Regional Water Authority.

While each organization will independently develop their own well fields, Alliance Water will work with GBRA to construct a single treatment plant and transmission system. That collaboration of

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Page 2 - GBRA Aligns with Alliance Water to Develop Groundwater Project

construction and operation of key project infrastructure components will produce major cost savings for both organizations throughout the life of the system. The water agencies are planning to utilize the Texas Water Development Board’s low-interest SWIFT Loan Program to finance the $236 million project which is anticipated to be completed in 2023.

###

About the Guadalupe Blanco River AuthorityGBRA was established by the Texas Legislature in 1933 as a water conservation and reclamation district. GBRA provides stewardship for the water resources in its 10-county statutory district, which begins near the headwaters of the Guadalupe and Blanco rivers, ends at San Antonio Bay, and includes Kendall, Comal, Hays, Caldwell, Guadalupe, Gonzales, DeWitt, Victoria, Calhoun, and Refugio counties. GBRA provides services that include hydroelectric generation; water and wastewater treatment; municipal, industrial, and agricultural raw water supply; and recreational operations.

About Alliance Regional Water AuthorityAlliance Water (formerly the Hays Caldwell Public Utility Agency) is a regional water authority that was formed in January 2007 for the purpose of resolving the long-term water needs for its Sponsors. Alliance Water is comprised of the cities of Kyle, San Marcos and Buda, along with the Canyon Regional Water Authority which represents County Line Special Utility District (SUD), Crystal Clear SUD, Martindale WSC, and Green Valley SUD.

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UPDATE ON WATER DELIVERY&

OVERVIEW OF WATER TREATMENT ANDDELIVERY AGREEMENT WITH GBRA

BUDA CITY COUNCILJULY 3, 2018

ARWA GBRA AGREEMENT OVERVIEW

OVERALL CARRIZO PROJECT

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ARWA GBRA AGREEMENT OVERVIEW

UPDATES ON PHASE 1A

• Segment A (Red Line) – Substantially complete in next week; Finally complete by mid August

• Pump Station (Blue Trapezoid) – Bidding now; expectContractor to mobilize in October

ALLIANCE REGIONAL WATER AUTHORITY

• Segment B (Yellow Line) –Expect to Bid by end of summer

• All Phase 1A projects expected to be complete by 12/2019

ARWA GBRA AGREEMENT OVERVIEW

UPDATES ON PHASE 1B

• Closed on TWDB SWIFT Loans totaling $32 million in November 2017

• Purchased 568 acres of property in eastern Caldwell County for Water Treatment Plant and 4 Wells

ALLIANCE REGIONAL WATER AUTHORITY112

ARWA GBRA AGREEMENT OVERVIEW

UPDATES ON PHASE 1B

ALLIANCE REGIONAL WATER AUTHORITY

• Selecting and contracting with all necessaryconsultants

• Preliminary engineering and environmental for pipelines recently kicked off

Goal Remains:Delivery Carrizo Waterto Sponsors in 2023

OVERVIEW OF WATER TREATMENT ANDDELIVERY AGREEMENT WITH GBRA

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ARWA GBRA AGREEMENT OVERVIEW

WHY AN AGREEMENT NOW?

• GBRA closed on the purchase of a 15,000 acre-foot Carrizo project in late 2017 (water rights are immediately adjacent to ours)

• GBRA executed customer agreements for all of the Carrizo water with Goforth SUD, Lockhart & New Braunfels in early 2018

• Most Importantly: GBRA’s new leadership waswilling to work WITH us

ARWA GBRA AGREEMENT OVERVIEW

PROJECT FACILITIES

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ARWA GBRA AGREEMENT OVERVIEW

WHAT’S NOT INCLUDED?

• Raw Water Facilities (leases, permits, wells & raw water lines)

• Pipeline Segment C – north from Maxwell to deliveries in Kyle and Buda

• Customer Delivery Facilities (pipelines, meters, etc. that are needed to connect the transmission pipeline with the customer’s tanks)

ARWA GBRA AGREEMENT OVERVIEW

BENEFITS OF AN AGREEMENT

• Alliance Water saves over $30 million in capital costs (GBRA saves a similar amount)

• Additional operational savings that have not been calculated

• Expands the regional nature of the project without adding significant pipelines

• Reduces environmental impact in lieu of having two separate projects

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ARWA GBRA AGREEMENT OVERVIEW

KEY DETAILS

• Alliance owns the Project Property and Project Facilities (treatment plant, booster pump station, initial pipeline & all related appurtenances and improvements)

• GBRA owns a specific capacity amount in the Project Facilities and has the ability to add a pipeline in the future.

• Alliance Water is responsible for design, property acquisition, construction and operation of the entire system. Can get GBRA assistance if requested.

ARWA GBRA AGREEMENT OVERVIEW

EASEMENTS FOR PIPELINES• Easements acquired will

provide for a total of three pipelines:

Project Facility (i.e. the initial facility)

Future Alliance Water pipeline

Future GBRA pipeline

• Alliance Water will assign to GBRA a portion of the easement for their future pipeline (hatched area)

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ARWA GBRA AGREEMENT OVERVIEW

COST SHARING

• Each party pays one-half the costs of design of the common facilities and for the acquisition of all property.

• Construction costs will be split based on the proportionate share of capacity as determined at the end of final design of each component.

• Alliance Water and GBRA will continue to separately issue bonds to fund their respective shares of the program capital cost.

ARWA GBRA AGREEMENT OVERVIEW

AGREEMENT TERM

• Agreement is effective until the end of 2058 (40-year initial term).

• The agreement automatically renews for two additional 10-year periods unless notice is provided at least three years prior to the expiration.

• If all debt supported by the project is not paid off by the termination date of the agreement, then the agreement will automatically extend.

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ARWA GBRA AGREEMENT OVERVIEW

QUESTIONS

www.alliancewater.org

Graham Moore, P.E.Executive Director

(512) 294-3214gmoore@alliancewater.org

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City Council Agenda Item ReportDate: Tuesday, July 3, 2018

Agenda Item No. 2018-354-Contact: John Nett

Subject: Presentation on the 2019-2022 Capitol Area Metropolitan AreaTransportation Improvement Program Project Call Recommendations andHays County Road Improvement Projects (City Engineer John Nett; HaysCounty Precinct 2 Commissioner Mark Jones)

1. Executive SummaryOn May 7, 2018, the Capital Area Metropolitan Planning Organization (CAMPO) TransportationPolicy Board approved the 2019-2022 Transportation Improvement Program (TIP). The CAMPO2019-2022 TIP is 4-year, $400 million program of transportation funding. CAMPO has beendelegated authority to administer several federal transportation funding sources, including Category2, 7 and 9 of the Texas Department of Transportation Unified Transportation Program.

2. Background/HistoryIn response to the CAMPO 2019-2022 Project Call, both Hays County and the City of Buda submittedproposed project funding applications. In Hays County Precinct 2, several projects directlybenefiting the City of Buda were approved for TIP funding. FM 2001 will be upgraded to a four-lanedivided road with new traffic signals and pedestrian crossings from Sunbright Boulevard to FM2001. CAMPO will fund $5.808 million of the $8.818 million project cost. RM 967 will have a centerturn lane added from FM 1626 to Oak Forest Drive. CAMPO will fund $4.252 million of the $5.824million project cost.

Within the Buda City Limits, RM 967 at Main Street will receive intersections improvements fromAustin to China/Ash Streets with CAMPO picking up $1.384 Million of the $1.730 Million projectcost. On FM 2001, the 10-foot-wide multi-use path for pedestrians and bicyclists will be constructedon the east side of FM 2001 from Overpass Road to Old Goforth with CAMPO funding $400,000 of the$500,000 project cost. At the FM 1626 and RM 967 intersection CAMPO will fund $160,000 of the$200,000 project cost for a land use and transportation analysis. A connectivity study will analyzetravel patterns and demands to determine optimal connectivity between RM 967 and futureeast-west connections to SH 45 SW and IH-35, with CAMPO funding $280,000 of the $350,000 projectcost.

3. Staff's review and analysisThe CAMPO 2019-2022 TIP projects awarded funding, as well as other Hays County transportation

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improvement projects will be discussed with the City Council. Key project activities will behighlighted.

4. Financial ImpactFunding for the City of Buda sponsored projects is available in the General Obligation Bonds, Series2016 funds designated from the 2014 Bond Proposition 3 – Streets for the RM 967 at Main StreetIntersection Improvements Project. The City's adopted 2018-2022 Capital Improvement Planproposes use of operating funds for sidewalk connections between neighborhoods based upon theTransportation Master Plan and the Parks, Recreation, Trails, and Open Space Master Plan. Suchfunds are proposed for the Overpass Road/FM 2001 Multi-Use Path Project. City Council Resolution2018-R-08 includes a future 20% local match commitment for the two awarded planning studies.However, the combined $110,000 local match would not be submitted to CAMPO until the periodrecommended (i.e., FY 2021). CAMPO reserves the right to negotiate final budget amount for eachstudy based on the negotiated project study scope.

5. Summary/ConclusionStaff wants to ensure that the City Council and the citizens of Buda are kept informed of the progressof transportation improvement projects within Hays County. Accordingly, information will bepresented through many venues.

6. Pros and ConsThis agenda item allows for the timely exchange of information with the City Council and providesan open forum to address questions and concerns on the CAMPO 2019-2022 TIP.

7. AlternativesAt this time, there are no proposed changes to the scope of the projects applications that wereapproved by CAMPO.

8. RecommendationThere are no staff recommendations at this time; the agenda item is for briefing purposes only.

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2019-2022 CAMPO Project Call RecommendationsPresenter: Commissioner Precinct 2 Mark Jones

Hays County Precinct 1• FM 621 - Project Description: Widening and addition of a center turn

lane from De Zavala Dr. to CR 266/ Old Bastrop Hwy.- Total Project Cost: $5.144 Million- CAMPO Funding Request: $4.080 Million• FM 110- Project Description: Construction of a grade separated

overpass at SH 123- Total Project Cost: $7.279 Million- CAMPO Funding Request: $5.217 Million

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Hays County Precinct 1• FM 110- Project Description: Construction of a two-lane roadway

from east of SH 123 to east of I-35 at Yarrington Rd.- Total Project Cost: $118.380 Million- CAMPO Funding Request: $30.00 Million

Hays County Precinct 2• FM 2001- Project Description: Upgrade to a four-lane divided with new

traffic signals and pedestrian crossings from Sunbright Blvd. to FM 2001

- Total Project Cost: $8.818 Million- CAMPO Funding Request: $5.808 Million• RM 967- Project Description: Construction of a widened roadway with

center turn lane from FM 1626 to Oak Forest Dr.- Total Project Cost: $5.824 Million- CAMPO Funding Request: $4.252 Million

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Hays County Precinct 4• Lime Kiln Rd.- Project Description: Construction of realignment and

intersection improvements of Lime Kiln Rd. from Post Rd. to Hilliard Rd.

- Total Project Cost: $5.786 Million- CAMPO Funding Request: $4.178 Million• US 290 - Project Description: Construction of intersection improvements

at US 290 and Trautwein Rd.- Total Project Cost: $1.508 Million- CAMPO Funding Request: $1.049 Million

City of Buda• RM 967 at Main St.- Project Description: Construction of intersection improvements

from Austin St. to China/Ash St.- Total Project Cost: $1.73 Million - CAMPO Funding Request: $1.384 Million• FM 2001- Project Description: Plans, estimates, and construction of a 10’

wide multi-use path for pedestrian and bicycle traffic on the east side of FM 2001 from Overpass Rd. to Old Goforth Rd.

- Total Project Cost: $500,000- CAMPO Funding Request: $400,000

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City of Buda• FM 1626 at RM 967 Intersection- Project Description: Construction of land Use and

transportation nodal analysis- Total Project Cost: $200,000- CAMPO Funding Request: $160,000• Garlic Creek Parkway- Project Description: Construction of a corridor and connectivity

analysis.- Total Project Cost: $350,000- CAMPO Funding Request: $280,000

City of Kyle• Center Street Rail Siding - Project Description: Plans, estimates, right-of-way

acquisition, and construction of rail siding relocation from Burleson St. to Kohlers Crossing.

- Total Project Cost: $15.209 Million- CAMPO Funding Request: $15.209 Million

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City of San Marcos• Wonder World Dr.- Project Description: Construction of intersection improvements

at Wonder World Dr. and Hunter Rd.- Total Project Cost: $700,000- CAMPO Funding Request: $450,000• San Marcos-Southwestern Hays Sub-Regional Study- Project Description: Construction of land use, corridor and

node analysis.- Total Project Cost: $1 Million- CAMPO Funding Request: $800,000

Travis County• FM 1626- Project Description: Construction of a widening from two-lane

to five-lane with a continuous turn lane from Brodie Ln. to Manchaca Rd.

- Total Project Cost: $16.812 Million- CAMPO Funding Request: $11.200 Million• RM 1826- Project Description: Plans and estimates for the improvement

of current facility to a four-lane, divided arterial, with bicycle and pedestrian facilities from US 290 to the Travis County Line.

- Total Project Cost: $49.24 Million- CAMPO Funding Request: $4.320 Million

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City Council Agenda Item ReportDate: Tuesday, July 3, 2018

Agenda Item No. 2018-356-Contact: John Nett

Subject: Presentation on the City of Buda Wastewater Treatment Plant Phase IIIExpansion Project (City Engineer John Nett; Marty Rumbaugh, AECOM; JoeJenkins, Walker Partners)

1. Executive SummaryThe City's consultants on the Wastewater Treatment Plant Phase III Expansion Project will providean update to the City Council on the project design, the Texas Commission on Environmental Quality(TCEQ) plan review process, and the next steps leading up to project bidding and construction start.

2. Background/HistoryThe City of Buda contracted with AECOM in June 2014 to begin the design of the wastewatertreatment plant phase III improvements, an effluent wastewater discharge line, and up-sizing of theinfluent sewer main. AECOM will provide an update to the City Council on the 100% constructionplans, the permit status with TCEQ, and the schedule for bidding and construction. Conditionspotentially affecting bidding and project costs will also be covered.

3. Staff's review and analysisNot applicable.

4. Financial ImpactFunding is available in Wastewater Capital Improvement Account 625.4662.560.5609 designated forthe City of Buda WWTP Phase III Expansion Capital Improvement Project and are included as part ofthe 2017 Certificates of Obligation.

5. Summary/ConclusionThe presentation is for informational purposes and no action is required by the City Council at thistime.

6. Pros and ConsNot applicable.

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7. AlternativesNot applicable.

8. RecommendationNot applicable. No action is required at this time.

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1

Presentations

Buda Wastewater Treatment Plant Phase III Expansion

AECOM

Marty Rumbaugh, P.E., BCEE

WWTP Expansion Update

Agenda:

• Project Scope, Milestones and Progress

• Update of Estimated Costs

• Next Steps and Schedule

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2

WWTP Expansion Update

WWTP Expansion Background:

• Existing WWTP permitted capacity = 1.5 MGD

• Evaluate potential to re-rate for increased capacity

• Design symmetrical WWTP expansion

• Double existing treatment capacity

• Maintain compatibility with existing treatment process

• Maintain O&M consistency with existing equipment

WWTP Expansion Update

WWTP Expansion Project Scope:

• Rerating – Successful: Rerated by TCEQ to 1.75 MGD

• Amended TPDES Permit – Final/Issued: 3.5 MGD

• WWTP Expansion Design – at 100% Completion Stage

– Constructability review at 90% by Walker Partners

– Currently under Plans and Specs review by TCEQ

• Effluent force main – design in progress

• Influent gravity sewer – Design Complete, pending construction

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3

WWTP Expansion Update

Milestone Schedule Dependencies - WWTP:

Re-rating WWTP Design

PermitWWTP Construction

TCEQ Plans &

Specs Review

Sunfield

Outfall

Agreement

WWTP Expansion Update

Milestone Schedule Dependencies – Effluent Force Main:

Sunfield

Outfall

Agreement

Effluent

Force Main

Design

Permit

Easements

Acquisition

TCEQ Plans &

Specs Review

Effluent

Force Main

Construction

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4

WWTP Expansion Update

TPDES Permit:

• Permit Application (1.75 MGD Interim Phase and 3.5 MGD Final Phase) submitted by GBRA January 2016

• Draft Amended Permit Issued by TCEQ November 2016

• Public Meeting held in March, 2017

• Sunfield Outfall Agreement Executed and Force Main Easements from Sunfield Recorded in July, 2017

• Final Amended Permit Issued March, 2018

WWTP Expansion Update

WWTP Expansion Design Milestones and Progress:

• 90% Submittal reviewed for constructability by Walker Partners on behalf of City

• AECOM incorporated Walker/City/GBRA comments

• TCEQ Plans and Specifications Review Approval is Critical Path to Bid/Construction

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5

WWTP Expansion Update

WWTP Expansion Path Forward:

• If TCEQ Plans and Specs Approval is quick, advertise for Bid in July 2018, Contract Award August/September

• Estimated Construction duration 24 Months

• AECOM - Construction Contract Administrator, Walker Partners to provide Resident Engineer/Inspection

• 1.75 MGD (Rerating/Interim Permit Phase) milestone prioritized early in the project schedule

WWTP Expansion Update

Cost Estimate Update:

• In 2nd half of 2017, Water/Wastewater Facilities Projects in the $10M+ Cost Range in Central Texas have attracted 1-2 Bidders and come in ~ 10% above OPCC

• Complete-In-Place Unit Costs for Concrete structures in particular have escalated by 40% - 50%

• Cost Escalation is a function of pass-through increased labor costs (due to labor scarcity) and Contractors’ high backlog/workload

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6

WWTP Expansion Update

Cost Estimate Update:

• AECOM has notified our clients of 2017 cost escalation and has adjusted cost estimates to reflect changes.

• Adjusted Unit Costs for Concrete and Contingency to reflect recent bids

• WWTP Expansion Cost Estimate with increased Concrete Unit Costs and 25% Contingency: $19,846,000.

• Anticipate maintaining this cost estimate while adjusting contingency downward as 100% take-off estimate finalized.

WWTP Expansion Update

Cost Estimate Update:

• No adjustment to effluent force main cost at this time, but monitor but PVC pipe material costs as design is completed and project approaches bid and construction

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7

WWTP Expansion Update

Next Steps and Schedule – WWTP Expansion:

• Dependent on TCEQ Issuance of Final Permit – assume 30-60 days minimum if no contested case hearing granted, however TCEQ may take longer to make the determination

• TCEQ Plan Review - Submit Summary Transmittal Letter -30 days to construction authorization if no review required

• 60 days minimum estimated for bid advertisement, receipt of bids, and construction Contract Award

• Total of 4-6 months minimum to NTP

WWTP Expansion Update

Next Steps and Schedule – Force Main:

• Next Steps – Final Design Completion and Easements

• Critical Path is through Easement Acquisitions

• Requires end-to-end completion with WWTP Project

• Shorter construction schedule (estimated 1 year) and easier to accelerate vs. WWTP expansion

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Questions?

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1

Walker Partners Design Phase Support

Quality Assurance and Constructability Review 

Team of design and construction experts held detailed review workshop

Identified potential conflicts in the design documents

Provided recommendations to improve clarity and constructability

Developed 102 comments for consideration in a Technical Memorandum

Quality Assurance and Constructability Review A few main comments:

Highlighted importance of coordination with Pedernales Electrical Cooperative (PEC) as a critical path item – City staff has developed approach to address this item

Highlighted need for embankment stabilization adjacent to plant storm water pond because of limited site and potential changes in creek channel

Consider more detailed boundaries and description of by‐pass pumping around existing plant structures as needed

Walker Partners Design Phase Support

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Bidder Outreach

Contacted 8 qualified contractors experienced in construction of wastewater treatment plants to encourage interest in the project 

Discussed general project components and schedule

Five contractors expressed interest and are tracking the project 

Walker Partners Bid Phase Support

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City Council Agenda Item ReportDate: Tuesday, July 3, 2018

Agenda Item No. 2018-393-Contact: Blake Neffendorf

Subject: Presentation and possible action on the Aquifer Storage and Recovery (ASR)Pilot Study Project (Water Resources Coordinator Blake Neffendorf)

1. Executive SummaryThe City of Buda currently relies upon an even balance of surface water and groundwater supply tomeet its potable water needs. In the future, the City will increasingly rely upon groundwater to meetits expanding needs. The City has historically maintained adequate water supplies; however,extended drought conditions would result in the curtailment of permitted groundwater from theEdwards Aquifer. Even with the addition of water supplies from the Alliance Regional WaterAuthority, flexible water management strategies will be necessary to meet ultimate peak demands.ASR can help to reduce or eliminate seasonal peak shortages through water banking and potentiallyprovide enough storage to lessen or remove the impacts of supply curtailments during drought. Theassociated presentation will review the process for choosing a viable site to perform the ASR PilotStudy.

2. Background/HistoryFindings from the City's ASR feasibility study were presented to Council in May 2017. The studyindicated that an ASR project using the Middle Trinity Aquifer as a storage component can be a costeffective method for the City to manage seasonal peak demands and potentially as a mechanism tokeep water in strategic reserve as preparation for a long term drought event. From the study, threepotential ASR sites were recommended as options should the City pursue an ASR project. InDecember 2017 Council approved a professional services agreement with HDR to conductengineering design for the ASR pilot study project. Selecting the location of the pilot well is the fistphase of the project.

3. Staff's review and analysisStaff will brief the enclosed presentation at the City Council meeting.

4. Financial ImpactThe current fiscal year budget includes $1,896,000 in funding for the pilot well study needed toevaluate ASR as a water management strategy.

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5. Summary/ConclusionThe three sites reviewed for the pilot well portion of the study meet the criteria developed forchoosing the optimal site. All three sites could eventually include an ASR well depending on theresults of the pilot well study, dependent upon future funding availability. Key components inchoosing the optimal site include long-term availability of surplus Edwards and other watersources, site acquisition and development, isolation of Edwards Aquifer water for cycle testing, anda location safely within the City limits and a Certificate of Convenience and Necessity (CCN)boundary to minimize influence from outside threats. Site 5 was determined to be the most optimalsite using the criteria presented.

6. Pros and ConsSite 5 Pros: Easy isolation with Well 5 and ample supply to not interrupt routine daily operations.Drilling of an additional Edwards well would not be needed at this site. The property is alreadyowned by the City and is located outside of the Edwards Aquifer Recharge Zone. The last phase ofWhite Oak Preserve has not been built, which minimizes potential construction impacts to residents.The site offers protection of stored water from a more centralized location within City boundaries.

Site 5 Cons: Houses nearby, tree removal.

7. AlternativesSite 4: City owned property with potential title issues. YMCA community garden currently occupyingthe space. No space confinement issues or nearby houses. Recent annexation of properties to thewest provides some well protection. Cannot guarantee Edwards Aquifer only water, and nearby Well4 can't provide the needed amount of water for ASR operations.

Triangle Site: Requires purchase from HOA. Houses nearby and space is somewhat limited with theaddition of other needed water facilities and an electric easement through the property. Cannotguarantee Edwards Aquifer water only. Future Alliance Regional Water Authority (ARWA) deliverypoint creates ample supply if legislation is passed to change Edwards Aquifer only rule.

8. RecommendationStaff recommends approval of Site 5 for the Aquifer Storage and Recovery Pilot Well location

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1

Aquifer Storage and Recovery Site Selection Update

Background

• 2016 - 2017 ASR Feasibility Study– Middle Trinity viable option– Outlined the process to achieve a production ASR well

• 2017 - 2018 ASR Pilot Study Well – Approved in the FY18 Budget– Cost $1,896,000– Confirm rate and recovered water quality– Investigate potential for use of Trinity Aquifer; ASR and production

permits; Class D Edwards Aquifer permit– Establish basis of design of remaining infrastructure

• Currently only two active ASR systems in Texas

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2

ASR Review

2017 Water Production

0

10

20

30

40

50

60

Jan‐17 Feb‐17 Mar‐17 Apr‐17 May‐17 Jun‐17 Jul‐17 Aug‐17 Sep‐17 Oct‐17 Nov‐17 Dec‐17

Miilions of Gallons

2017 Monthly Water Production

• Total Production: ~453 million gallons• Winter Average Monthly Production: ~28 million gallons• July Production: 57 million gallons• July was more than double our winter average monthly production

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3

Selection Process

Triangle Site

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4

Triangle Site

Site 4

143

5

Site 4

Site 5

144

6

Site 5

Well 5

Site 5

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7

Site Location Scoring

Attribute WeightingRating Comments

Site 4 Site 5 Triangle Site 4 Site 5 Triangle

Long-term availability of surplus Edwards and other supplies for storage

5 4 4 5 Close to existing 12” waterline

Close to existing 12” waterline

Close to existing 12” waterline, future ARWA delivery point

Site Acquisition (cost and duration) 4 3 5 2

City-owned, clouded title, YMCA activity

Require negotiation with Parks

Purchase required

Site Development Issues 4 3 3 3 No trees, site on Recharge Zone

Tree removal,Transition Zone

No trees, site on Recharge Zone

Proximity to existing low pressure zone 3 3 3 3 Adequate pressure Adequate pressure Adequate pressure

Space Constraints 3 5 5 3 Surplus space Surplus space Minimal additional

Near-term availability of surplus Edwards for cycle testing

3 4 5 3 Near Well 4, near 12” line

Easy isolation of Well 5

Moderately difficult to isolate Well only

Proximity of residences 2 5 2 2 750 ft to closestresidence

7 residences within300 ft

6 residences within 300 ft

Proximity to BSEACD Antioch monitoring well 2 2 4 4 2.2 miles 1.2 miles 1.1 miles

Distance from CCN and City Limits Boundary 1 1 5 1 Approx. 500 ft Over 1,500 ft Less than 300 ft

Total Score 95 108 85

Recommendation

– Staff recommends Site 5 for the ASR Pilot Well

– Site 5 Advantages• Excellent long term availability of surplus water• City owned• Easy isolation with Well 5• Protected within City limits and CCN boundary• Completion before final phase of White Oak Preserve

– Site 5 Disadvantages• Tree removal• Nearby houses

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Next Steps

– Permitting from BSEACD and TCEQ

– Well design and surface facility design

– Well Drilling early 2019

– Cycle testing Summer 2019 through Summer 2020

Questions?

Blake Neffendorf, Water Resource Coordinatorbneffendorf@ci.buda.tx.us

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City Council Agenda Item ReportDate: Tuesday, July 3, 2018

Agenda Item No. 2018-355-Contact: John Nett

Subject: Deliberation and possible action to enter into Supplement #3 to theprofessional service agreement with AECOM for the Buda WastewaterTreatment Plant Phase III Expansion Project (City Engineer John Nett; MartyRumbaugh, AECOM)

1. Executive SummaryThe City of Buda engaged AECOM Technical Services, Inc., (AECOM) under a Professional ServicesAgreement executed on June 10, 2014, to provide professional services for expansion of the City’sWastewater Treatment Plant (WWTP). The contracted project scope has included a majoramendment of the WWTP Texas Pollutant Discharge Elimination System (TPDES) permit, a plantre-rating study, and engineering services for a new offsite effluent force main. Successfulacquisition of TCEQ’s approval of the re-rating study and TCEQ’s issuance of a final amended TPDESpermit has confirmed the proposed WWTP expansion capacity as 3.5 MGD.

2. Background/HistoryThe City modified AECOM’s contract in Supplemental Amendment No. 1, executed in May 2015 toinclude preparation of the Technical Report for a TPDES permit amendment application attachmentsrelated to an additional proposed outfall location east of IH-35, within the Plum Creek Watershed. Supplemental Amendment No. 1 additionally modified AECOM’s services for engineering design forthe proposed effluent pumping facilities and force main to deliver effluent to this second outfalllocation, and for design of an influent gravity sewer from Main Street to the WWTP headworks.

The City further modified AECOM’s contract in Supplemental Amendment No. 2, executed in April2016, to include survey services for the City’s acquisition of a land tract located immediately northof the existing WWTP site; additional surveying for the proposed influent gravity sewer; design of aproposed de-chlorination basin; design of new plant roads and piping improvements; constructionphasing to define a 1.75 MGD milestone in the WWTP expansion project; design of miscellaneousrepairs to the existing WWTP facilities; slope stability analysis for a proposed storm water pond;and updated Process and Control and Electrical Engineering services for WWTP scale-up to 3.5 MGDcapacity, as well as additional surveying services, geotechnical investigations, wetlandsdelineation, environmental assessment, ultural resources investigations and coordination toaddress data gaps for the proposed effluent force main.

148

3. Staff's review and analysisAECOM's attached proposed Supplemental Amendment No. 3 addresses additional servicesrequested by the City, or anticipated to be required for completion of the project based on additionalinformation developed during the permitting or design of the project since April 2016. ThisSupplemental Amendment does not modify the base contract or prior supplemental amendmentsexcept as specifically stated within the proposal.

4. Financial ImpactOn July 18, 2017, the City Council authorized the obligation of $225,183 for Right-of-Way (ROW)negotiation services for the new effluent force main from the WWTP and approved execution of aWork Order with Contract Land Staff (CLS) for performance on an indefinite quantity time andmaterials basis. The Work Order with CLS was executed on August 9, 2017. To date, only $15,711.01or 7% of the ROW negotiation services budget has been expended.

Based upon the fact that acquisition of the required easements for the new effluent force mainthrough the Sunfield MUD did not require the services of a ROW agent, a significant portion of the$209,471.99 remaining for ROW negotiation services can be re-obligated for the supplementalservices proposed by AECOM. Funding is available in Wastewater Utility Fund Account600.4660.540.5404 - Professional Services for Effluent Force Main ROW Services.

5. Summary/ConclusionThe proposed Scope of Work and Fee Estimate for the additional services for the City of BudaWastewater Treatment Plant Phase III Expansion Project are attached to this memorandum.

6. Pros and ConsNot applicable.

7. AlternativesIf the City Council desires that staff pursue alternate direction related to the proposed scope ofprofessional services, staff could negotiate further with the consultant. Because time is of theessence for the WWTP Phase III expansion project, staff would request clear direction from the CityCouncil at this time.

8. RecommendationStaff recommends that City Council accept the attached scope of work and fee proposal, andauthorize the City Manager to execute Supplemental Amendment Number 3 to AECOM's professionalservices agreement for the City of Buda Wastewater Treatment Plant Phase III Expansion Project andfurther, that the City Manager be expressly authorized to approve any and all change orders to theseagreements within the limits set by state and local law.

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AECOM

9400 Amberglen Drive

Building E

Austin, Texas 78729

www.aecom.com

512 454 4797 tel

512 454 8807 fax

May 30, 2018

Mr. Kenneth Williams

City Manager

City of Buda

P.O. Box 1218

Buda, Texas 78610

Re: Buda WWTP Phase III Expansion

Supplemental Amendment No. 3

Dear Mr. Williams:

AECOM Technical Services, Inc., (AECOM) is pleased to submit this proposal for supplemental

professional engineering services. If acceptable, this proposal will form the basis for a Supplemental

Amendment to the existing Professional Services Agreement executed on June 10, 2014.

PROJECT DESCRIPTION

The City of Buda (City) engaged AECOM under a Professional Services Agreement executed on

June 10, 2014 to provide professional engineering services for expansion of the City’s Wastewater

Treatment Plant to provide at least 3 MGD capacity. The project scope additionally includes

AECOM’s services in support of an application for amendment of the WWTP’s TPDES permit; a re-

rating study; and engineering services for a new offsite effluent force main. Successful acquisition of

TCEQ’s approval of the re-rating study and TCEQ’s issuance of a final amended TPDES permit has

confirmed the proposed WWTP expansion capacity as 3.5 MGD.

The City modified AECOM’s contract in Supplemental Amendment No. 1, executed in May, 2015 to

include preparation of the Technical Report for a TPDES permit amendment application attachments

related to an additional proposed outfall location east of IH-35, within the Plum Creek watershed.

Supplemental Amendment No. 1 additionally modified AECOM’s services for engineering design for

the proposed effluent pumping facilities and force main to deliver effluent to this second outfall

location, and for design of an influent gravity sewer from Main Street to the WWTP headworks.

The City modified AECOM’s contract in Supplemental Amendment No. 2, executed in April, 2016, to

include survey services for the City’s acquisition of a 0.1109 acre tract located immediately north of

the existing WWTP site; additional surveying for the proposed influent gravity sewer; design of a

proposed dechlorination basin; design of plant roads and piping improvements on the 0.1109 acre

tract acquired by the City; construction phasing to define a 1.75 MGD milestone in the WWTP

expansion project; design of miscellaneous repairs to the existing WWTP facilities; slope stability

analysis for a proposed stormwater pond; and updated Process and Control Summary Tables and

coordination with Electrical Engineering subconsultant to define scope of increased SCADA

integration suitable for operation of the WWTP at 3.5 MGD capacity, as well as additional surveying

services, geotechnical investigations, and wetlands/environmental/cultural resources investigations

and co-ordination to address data gaps for the proposed effluent force main.

This Scope and Fee Proposal includes additional services requested by the City, or anticipated to be

required for completion of the project based on additional information developed during the permitting

or design of the project since April, 2016. 150

May 30, 2018 Buda WWTP Phase III Expansion SA No. 3 Page 2 of 7

Scope of Services

Services which are required for the project completion but which are already included in the existing

Professional Services Agreement executed on June 10, 2014; in Supplemental Amendment No. 1

executed in May, 2015; or in Supplemental Amendment No. 2 executed in April, 2016, remain in

effect and are not repeated in this scope and fee proposal. This Supplemental Amendment does not

modify the base contract or prior Supplemental Amendments except as specifically stated herein.

SCOPE OF BASIC SERVICES

The following Scope of Basic Services has been divided into Preliminary Engineering; Final Design;

and Bid and Construction phase services. Special services that fall outside this scope of work are

described later in this document. Proposed fees for the tasks identified for each phase are

summarized in Exhibit No. 1.

Preliminary Engineering Phase

The Preliminary Engineering phase scope of work consists of the following tasks. Exhibit No. 1A summarizes the labor and expenses associated with these Preliminary Engineering Phase Tasks.

WWTP Expansion TPDES Permitting Support

1. The Professional Services Agreement executed on June 10, 2014 included one (1) initial

Public Meeting in the scope of AECOM’s TPDES Permitting Support services. Supplemental

Amendment No. 1 executed in May, 2015 defined one (1) additional meeting with the City to

discuss the proposed second outfall location. Three (3) additional meetings related to permit

acquisition support were defined in separate projects (IDIQ 1, executed July 25, 2016 and

IDIQ 2, executed September 29. 2016), for a total of five (5) permitting-related meetings as

defined by contract. Due to the complexity of permitting issues, and level of effort required for

the City’s acquisition of a second effluent outfall location, AECOM attended twenty two (22)

permit-related meetings or City Council updates (excluding WWTP expansion progress

meetings), for a net increase of seventeen (17) added meetings. The dates and purpose of

these meetings are detailed in Exhibit 2. AECOM’s engineering support at these meetings

was beneficial in the City’s successful acquisition of the second effluent outfall location, and

in the City’s successful acquisition of an amended TPDES permit authorizing discharge of up

to 3.5 MGD.

Final Design Phase

The Final Design phase scope of work consists of the following tasks. Exhibit Nos. 1B and 1C summarize the labor and expenses associated with these Final Design Phase Tasks.

WWTP Expansion Final Design

1. The Professional Services Agreement executed on June 10, 2014 defined a project schedule

of sixteen (16) months for preliminary engineering and final design of the WWTP expansion,

including TPDES permitting support services. Supplemental Amendment No. 1 executed in

May, 2015 defined an additional three (3) months extension of the schedule for these phases

of work. The TPDES permit amendment application was submitted to TCEQ on January 26,

2016; however the final amended TPDES permit was not issued by TCEQ until March 12, 151

May 30, 2018 Buda WWTP Phase III Expansion SA No. 3 Page 3 of 7

Scope of Services

2018. As a result of this delayed processing of the TPDES permit by TCEQ, the schedule for

preliminary engineering and final design of the WWTP expansion, including TPDES

permitting support services, has extended from the nineteen (19) months contract schedule

to forty eight (48) months pending bid advertisement of the WWTP expansion in July, 2018.

During this period, the WWTP expansion design progress was also delayed pending

confirmation of a successfully amended TPDES permit which would allow the project to

proceed to construction. During this delay period, AECOM’s services to the City were focused

primarily on supporting the City’s acquisition of the amended TPDES permit and negotiations

to acquire a second effluent outfall location.

A total of seventeen (17) scheduled progress meetings (including one kickoff meeting and

two design review meetings) related to the WWTP expansion preliminary engineering and

final design were included in the Professional Services Agreement executed on June 10,

2014. As a result of the delay in TCEQ issuing a final amended TPDES permit, a total of

twenty five (25) scheduled progress meetings have been conducted for the WWTP expansion

(including kickoff and design reviews), for a net increase of eight (8) WWTP expansion

progress meetings. The dates of all WWTP progress meetings are detailed in Exhibit 2.

2. The Professional Services Agreement executed on June 10 2014 includes AECOM’s

preparation of front end documents (Division 0 construction contract documents) based on

AECOM standard construction contract documents edited for project-specific requirements.

The City of Buda has directed that City of Buda’s standard construction contract will be used

for the WWTP project, to be edited by AECOM for project-specific requirements.

This task includes additional services for preparation of front-end documents for the WWTWP

expansion using the City of Buda’s standard construction contract documents. AECOM will

review the City’s Division 0 construction contract documents and provide suggested edits for

bidding and construction as a lump-sum contract.

The City of Buda has elected to engage a third-party resident engineer to provide on-site Owner’s Representative services and inspection during construction. AECOM will also review the City’s Division 0 construction contract documents and provide suggested edits (if needed) to clarify the role of AECOM as Engineer/Construction Contract Administrator vs. the role of the third party Resident Project Representative/Inspector during construction of the WWTP expansion.

3. With concurrence by the City at design Progress Meetings Nos. 11-24, at the request of GBRA, additional instrumentation and control design scope has been performed for the WWTP Expansion:

a. Design of flow-plus-residual paced control for alum feed system dosing (flow paced alum dosing equal to the existing system is assumed in AECOM’s contract scope). This additional instrumentation/control design is intended to benefit the City by assisting in compliance with reduced effluent phosphorus limits while economizing on alum chemical costs. The proposed flow-plus-residual paced alum feed system improvements are defined as a deductive bid alternate, allowing the City to decide their inclusion in the construction contract based on the bid prices received.

b. Design of enhanced motor status and run time monitoring provisions at the Operations Building and related enhanced remote monitoring for existing and proposed pumping equipment and treatment equipment. This additional remote monitoring capability is intended to facilitate predictive maintenance for increased 152

May 30, 2018 Buda WWTP Phase III Expansion SA No. 3 Page 4 of 7

Scope of Services

reliability of operations at 3.5 MGD capacity. The proposed remote monitoring improvements are defined as a deductive bid alternate allowing the City to determine their inclusion in the construction contract based on the bid prices received.

4. With concurrence by the City at design Progress Meetings Nos. 11-24, the electrical power

design scope for the WWTP Expansion is revised to provide emergency power for the entire WWTP firm capacity during a sustained power outage. The design requires separate electrical power services with three 1000 kW generators due to limitations imposed on transformer size by Pedernales Electric Cooperative. This task includes AECOM’s coordination with electrical engineer to accommodate site constraints and to define loads.

5. Design of slope stability improvements is proposed for an existing steep and potentially unstable slope at the southwest corner of the WWTP site to the west of the proposed stormwater pond. The unstable slope should be remedied prior to construction of the proposed on-site stormwater pond to ensure the constructability and long-term integrity of the stormwater pond. This task anticipates design of 180 LF of driven piles or drilled and concreted columns with lagging, or a concrete retaining wall, with varying height up to approximately 12 feet. This task assumes that the proposed improvements will be designed not to modify or encroach in the existing flood plain. Coordination with the local floodplain administrator to confirm this assumption is included in this task. This task does not include any tasks associated with preparation or submittal of letters of map revision to the effective Flood Insurance Rate Map.

Exhibit No. 1B provides an itemization of the labor and expenses for these Tasks associated with the WWTP Expansion Final Design.

Effluent Force Main Final Design

1. Supplemental Amendment No. 1 executed in May, 2015 included preparation of three (3)

easement acquisition legal exhibits. Supplemental Amendment No. 2 executed in April, 2016

included preparation of an additional (25) easement acquisition legal exhibits, for a total of

twenty eight (28) easement acquisition legal exhibits. Fourteen properties were anticipated to

require easement acquisition exhibits, with one permanent easement and one temporary

easement anticipated to be required on each tract.

Acquisition of temporary and permanent easements for effluent force main construction

through Sunfield-controlled properties was subsequently determined to require a total of 18

easement acquisition exhibits, due to the routing of the force main parallel to the future East

Main Street alignment resulting in multiple intersections with the property boundaries. This

total includes the surveyed legal exhibits provided for the City’s acquisition of a 0.1109 acre

tract located immediately north of the existing WWTP site.

Eleven (11) remaining properties are anticipated to require surveyed easement acquisition

legal exhibits for the proposed effluent force main construction. A total of twenty two (22)

additional easement acquisition legal exhibits are anticipated to be required, including one

temporary construction easement and one permanent utility easement on each property.

This task includes co-ordination with surveyor for preparation of 12 additional metes and

bounds exhibits and legal descriptions for acquisition of temporary construction easements

and permanent utility easements. AECOM will define easements required in each property;

153

May 30, 2018 Buda WWTP Phase III Expansion SA No. 3 Page 5 of 7

Scope of Services

prepare sketches for surveyor’s use in developing legal exhibits; and QC review draft and

final metes and bounds exhibits.

This number of exhibits included in this task assumes that surveyed legal exhibits and metes

and bounds descriptions will be required for easement acquisition on private properties only.

Legal easement exhibits are assumed not to be required for routing pipelines through City of

Buda ROW or park properties; other public ROW, or for acquisition of public or private ROW

utility installation permits (e.g., TXDOT/Hays County/UPRR).

Surveyor’s fees for preparation of easement acquisition legal exhibits will be invoiced on a

per-easement basis at $2,500 per easement, as shown in Exhibit 1C. Surveyor’s fee estimate

includes up to 12 additional temporary and/or permanent easements exhibits that may be

required for the project (not including the 28 easement exhibits previously authorized under

Supplemental Amendment No.1 and Supplemental Amendment No.2).

Exhibit No. 1C provides an itemization of the labor and expenses for these Tasks associated with the Effluent Force Main Final Design.

Bid and Construction Phases (Deductive Scope Change)

The Bid and Construction phase deductive scope of work consists of the following tasks. Exhibit No. 1D summarizes the labor and expenses associated with these deductive Bid and Construction Phase Tasks. Influent Gravity Sewer Bid and Construction Phase Services (Deductive Scope Change)

1. AECOM has prepared construction plans and specifications for the proposed influent gravity

sewer along the Garison Road ROW from Main Street to the WWTP. The City of Buda has

determined that this gravity sewer will be bid and constructed as a component of another City

of Buda CIP project unrelated to the proposed Buda WWTP expansion. Supplemental

Amendment No. 1 executed in May, 2015 includes AECOM’s scope and fee for bid support

and construction phase services for the proposed influent gravity sewer. Based on the

understanding that these services will not be required, this task deducts the scope of Influent

Gravity Sewer Bid and Construction Phase services from AECOM’s contract scope, and

authorizes application of the fees authorized under Supplemental Amendment No. 1 for these

services to reduce the requested fees for the additional services proposed herein.

ASSUMPTIONS

This Scope and Fee proposal is based upon the following assumptions:

Effluent force main alignment is approved to proceed with final design and easement

acquisition.

If any of these assumptions is determined to be invalid, a separate scope and fee proposal for

additional services may be required as a result of these changed assumptions.

SPECIAL SERVICES

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May 30, 2018 Buda WWTP Phase III Expansion SA No. 3 Page 6 of 7

Scope of Services

The above Scope of Services and the budget presented herein does not include the following

services. If and when it is determined that these services may be required, AECOM will obtain

authorization from the City of Buda before performing any of these additional services.

1. Design of landscaping or visual screening to reduce aesthetic impacts of the WWTP.

2. Significant revisions requested by the City of Buda or GBRA after receiving initial direction by

the City of Buda or after obtaining approvals from the TCEQ.

3. Travel and subsistence required of AECOM and authorized by the City of Buda to points other than the project site or City of Buda offices.

4. Filing, review, permit, inspection and other fees assessed by the City, County or State.

5. The publication of the “Advertisement for Bid” and the fees associated with this publication.

6. Services of a resident project representative and other field personnel for on-site observation of construction.

7. Construction phase survey control staking or verifications.

8. Preparation of an environmental assessment of the project site or pipeline alignments, permit applications, field investigations, or mitigation that may be required by regulatory agencies except for studies, reports and outside Agency coordination as defined by contract and prior amendments.

9. Assistance to the City of Buda as an expert witness in any litigation with third parties arising from the development or construction of the project.

10. Any warranty phase engineering services.

11. Public involvement meetings.

12. Easement acquisition services, with the exception of identification of required easements and preparation of metes and bounds exhibits and legal descriptions as defined herein.

13. Services related to preparation, submittal, and processing of permit applications, other than as defined by contract and prior amendments.

Should the City of Buda and AECOM agree that any of the above Special Services or any other

additional services are required AECOM will prepare a cost proposal for such services and obtain

authorization from the City of Buda prior to performing any special services.

SCHEDULE

Final Design for the proposed WWTP Expansion improvements is anticipated to be completed within

30 days of Notice to Proceed. Final Design for proposed Effluent Pipeline and Outfall will be

concurrent with bidding and construction of the proposed WWTP Expansion, with durations as

defined in the Base Contract and Supplemental Amendment No. 1.

Start of construction of the proposed effluent force main is contingent upon acquisition by City of any

required easements.

DELIVERABLES

Deliverables to be submitted to the City of Buda are as stipulated in the base contract and prior

Supplemental Amendments No. 1 and No. 2, and as defined herein:

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May 30, 2018 Buda WWTP Phase III Expansion SA No. 3 Page 7 of 7

Scope of Services

COMPENSATION

The total maximum compensation requested in this proposal is summarized in Exhibit No. 1 and

itemized in Exhibits Nos. 1A-!D attached to this proposal. Electrical engineering and survey

subconsultant fees are included and are identified in the Exhibits.

All compensation will be on a lump sum basis with the exception of preparation of metes and bounds

exhibits by survey subconsultant for proposed easements, which will be invoiced based on the

number of easements actually required for the project.

Basic Services

Preliminary Engineering Phase $14,060

Final Design Phase $156,820

Bid and Construction Phase ($16,385)

Total Basic Services $154,495

If acceptable, this proposal will form the basis of a Supplemental Amendment to the existing

Professional Services Agreement executed June 10, 2014. We would appreciate receiving one

signed original for our files.

Very truly yours,

Shelby G. Eckols, PE

Senior Vice President

AECOM

Attachments

cc: file

Accepted:

Kenneth Williams

City Manager

City of Buda, Texas

156

CITY OF BUDA EXHIBIT No. 1

WASTEWATER TREATMENT PLANT PHASE III EXPANSION PROJECT

SUPPLEMENTAL AMENDMENT No. 3

SUMMARY

BASIC SERVICES

Component AECOM Subcontracted

Engineering Phase Subtotals Services Services Total

Preliminary Engineering 14,060$

TPDES Permitting Support 14,060$ 14,060$ -$ 14,060$

Final Design 156,820$

WWTP Expansion Final Design 117,820$ 72,820$ 45,000$ 117,820$

Force Main Final Design 39,000$ 9,000$ 30,000$ 39,000$

Bid and Construction (16,385)$

Influent Gravity Sewer Prelim Design (16,385)$ (16,385)$ -$ (16,385)$

Subtotals $79,495 75,000$

$154,495Total Estimated Fee - Basic Services

157

CITY OF BUDA EXHIBIT No. 1A

WASTEWATER TREATMENT PLANT PHASE III EXPANSION PROJECT

PRELIMINARY ENGINEERING

TPDES PERMITTING SUPPORT

Direct Labor Rates and Multipliers

PRINCIPAL/

TECH. DIR.

PROJ.

MGR.

PROJ.

ENGR.

GRAD.

ENGR. TECH. CLER.

FRINGE

and G&A

MULT.

90 65 50 35 30 25 2.00

TASK LISTING PRINCIPAL P. MGR. P. ENGR. ENGR. TECH. CLER. TOTAL

1. Additional TPDES Support-Related Meetings (17) 4 64 68

TOTAL HOURS 4 64 0 0 0 0 68

DIRECT LABOR TOTALS $360 $4,160 $0 $0 $0 $0 $4,520

FRINGE & GENERAL/ADMIN. COSTS $720 $8,320 $0 $0 $0 $0 $9,040

TOTAL LABOR COSTS $1,080 $12,480 $0 $0 $0 $0 $13,560

NON-LABOR ESTIMATE

ITEM QTY. RATE TOTAL

Internal Printing LS 0 $10 $0

Mileage LS 1 $300 $500

CADD Hrs. 0 $15 $0

TOTAL NON-LABOR COSTS $500

SUBCONSULTANT SERVICES ESTIMATE

TOTAL SUBCONTRACTOR COSTS $0

TOTAL FEE ESTIMATE: $14,060

LABOR ESTIMATE

158

CITY OF BUDA EXHIBIT No. 1B

WASTEWATER TREATMENT PLANT PHASE III EXPANSION PROJECT

FINAL DESIGN

WWTP EXPANSION FINAL DESIGN

Direct Labor Rates and Multipliers

PRINCIPAL/

TECH. DIR.

PROJ.

MGR.

PROJ.

ENGR. ENGR. TECH. CLER.

FRINGE

and G&A

MULT.

90 65 50 35 30 25 2.00

TASK LISTING PRINCIPAL P. MGR. P. ENGR. ENGR. TECH. CLER. TOTAL

1. Additional Construction Progress Meetings (8) 32 32

2. Review/Adapt City of Buda Contract Documents 12 8 20

3. Coordinate Additional I&C Design Scope

a. PCST, plans and specs - flow/residual alum feed 40 24 64

b. PCST, plans and specs - enhanced remote monitoring 40 24 64

4. Coordinate Additional Electrical/Emergency Power 16 24 40

5. Design of Slope Stabilization (W Side of WWTP Site) 40 60 120 220

TOTAL HOURS 52 196 0 0 192 0 440

DIRECT LABOR TOTALS $4,680 $12,740 $0 $0 $5,760 $0 $23,180

FRINGE & GENERAL/ADMIN. COSTS $9,360 $25,480 $0 $0 $11,520 $0 $46,360

TOTAL LABOR COSTS $14,040 $38,220 $0 $0 $17,280 $0 $69,540

NON-LABOR ESTIMATE

ITEM QTY. RATE TOTAL

Mileage LS 1 $400 $400

CADD Hrs. 192 $15 $2,880

TOTAL NON-LABOR COSTS $3,280

SUBCONSULTANT SERVICES ESTIMATE

Electrical/I&C - HEI (Task 3.a) $15,000

Electrical/I&C - HEI (Task 3.b) $20,000

Electrical/I&C - HEI (Task 4) $10,000

TOTAL SUBCONTRACTOR COSTS $45,000

TOTAL FEE ESTIMATE: $117,820

LABOR ESTIMATE

159

CITY OF BUDA EXHIBIT No. 1C

WASTEWATER TREATMENT PLANT PHASE III EXPANSION PROJECT

FINAL DESIGN

EFFLUENT FORCE MAIN FINAL DESIGN

Direct Labor Rates and Multipliers

PRINCIPAL/

TECH. DIR.

PROJ.

MGR.

PROJ.

ENGR. ENGR. TECH. CLER.

FRINGE

and G&A

MULT.

90 65 50 35 30 25 2.00

TASK LISTING PRINCIPAL P. MGR. P. ENGR. ENGR. TECH. CLER. TOTAL

1. Easements legal descriptions / exhibits (up to12) 24 48 72

TOTAL HOURS 0 24 0 0 48 0 72

DIRECT LABOR TOTALS $0 $1,560 $0 $0 $1,440 $0 $3,000

FRINGE & GENERAL/ADMIN. COSTS $0 $3,120 $0 $0 $2,880 $0 $6,000

TOTAL LABOR COSTS $0 $4,680 $0 $0 $4,320 $0 $9,000

NON-LABOR ESTIMATE

ITEM QTY. RATE TOTAL

TOTAL NON-LABOR COSTS $0

SUBCONSULTANT SERVICES ESTIMATE

Survey - McKim&Creed

Metes and bounds exhibits / legal descriptions $2,500 per easement, up to a maximum of $30,000

TOTAL SUBCONTRACTOR COSTS $30,000

TOTAL FEE ESTIMATE: $39,000

LABOR ESTIMATE

160

CITY OF BUDA EXHIBIT No. 1D

WASTEWATER TREATMENT PLANT PHASE III EXPANSION PROJECT

INFLUENT GRAVITY SEWER REPLACEMENT

Bid and Construction Phases - Deductive Scope Change

Direct Labor Rates and Multipliers

PRINCIPAL/

TECH. DIR.

PROJ.

MGR.

PROJ.

ENGR.

GRAD.

ENGR. TECH. CLER.

FRINGE

and G&A

MULT.

90 65 50 35 30 25 2.00

TASK LISTING PRINCIPAL P. MGR. P. ENGR. ENGR. TECH. CLER. TOTAL

Influent Gravity Sewer Bid and Construction Phases

1. Remove Bid Phase Services from Scope 2 10 5 0 6 2 25

2. Remove Construction Phase Services from Scope 3 20 9 24 16 23 95

TOTAL HOURS 5 30 14 24 22 25 120

DIRECT LABOR TOTALS $450 $1,950 $700 $840 $660 $625 $5,225

FRINGE & GENERAL/ADMIN. COSTS $900 $3,900 $1,400 $1,680 $1,320 $1,250 $10,450

TOTAL LABOR COSTS $1,350 $5,850 $2,100 $2,520 $1,980 $1,875 ($15,675)

NON-LABOR ESTIMATE

ITEM QTY. RATE TOTAL

Internal Printing (8.5 x 11 photocopies) LS 1 $120 $120

Outside Printing (Full Size Record Dwgs - Paper) Ea. 1 $180 $180

Courier Ea. 10 $8 $80

CADD Hrs. 22 $15 $330

TOTAL NON-LABOR COSTS ($710)

SUBCONSULTANT SERVICES ESTIMATE

TOTAL SUBCONTRACTOR COSTS $0

TOTAL DEDUCTIVE FEE ESTIMATE: ($16,385)

LABOR ESTIMATE (FROM SUPPLEMENTAL AMENDMENT NO. 1)

161

Attachment 1 - Summary of Project Meetings

WWTP Expansion Progress Meetings

Date N Description

6/19/2014 1 Kickoff Meeting

7/10/2014 1 Progress Meeting 001

7/31/2014 1 Progress Meeting 002

8/26/2014 1 Progress Meeting 003

9/18/2014 1 Progress Meeting 004

10/22/2014 1 Progress Meeting 005

11/12/2014 1 Progress Meeting 006

12/3/2014 1 Progress Meeting 007

1/14/2015 1 Progress Meeting 008

2/11/2015 1 Progress Meeting 009

3/11/2015 1 Progress Meeting 010

5/12/2015 1 Progress Meeting 011

8/13/2015 1 Progress Meeting 012

9/15/2015 1 Progress Meeting 013

11/10/2015 1 Progress Meeting 014

1/21/2016 1 Progress Meeting 015

7/10/2017 1 Progress Meeting 016

8/14/2017 1 Progress Meeting 017

9/18/2017 1 Progress Meeting 018

10/30/2017 1 Progress Meeting 019

11/20/2017 1 Progress Meeting 020

12/18/2017 1 Progress Meeting 021

3/12/2018 1 Progress Meeting 022

4/16/2018 1 Progress Meeting 023

5/21/2018 1 Progress Meeting 024

Other Meetings

9/25/2014 1 WWTP Re-Rating: Stress Testing Planning Meeting with GBRA

Oct-14 1 Meeting week after 10/17/14 to discuss stress test results - noted in Progress Meeting 4 Minutes

Nov-15 1 AECOM met with Dennis Guerra and Kimley-Horn - Noted in Progress Mtg 8 minutes

2/19/2015 1 AECOM met with Dennis Guerra and David Malish (Murfee) - Noted in Progress Mtg 10 minutes

6/25/2015 1 Presentation to City Council - Outfall location and permitting impacts

7/28/2015 1 Council Water/WW Workshop - WW Projections and Capacities Evaluation

10/20/2015 1 Presentation to City Council - Tech Memo 3 Capacity and Costs

6/7/2016 1 Mtg city hall conference room at Brian LaBorde request - re: downstream flooding Rose Byrd

9/22/2016 1 Meet with City re: Meckel Agreement and Permit Status of Outfall agreement

2/16/2017 1 Meeting with Sunfield and Murfee at Murfee Eng

3/16/2017 1 Meet to reviewdraft Sunfield Terms Sheet

3/21/2017 1 Strategy Call/TCEQ Public Mtg / Attend Council Mtg at Staff Request (TPDES permit support)

4/6/2017 1 Discuss WW Permit Next Steps with City and GBRA

4/27/2017 1 Meeting w/ City/Sunfield and GBRA re: Outfall (Shelby Attended)

5/23/2017 1 Meeting w/ City/Sunfield re: Outfall - discuss modeling requested by Jack Tate

5/17/2016 1 WWTP Expansion Update to Council

6/8/2017 1 Meeting w/ City/Sunfield and GBRA re: Outfall

1/11/2018 1 W/WW Steering Committee Meeting

1/18/2018 1 WWTP Expansion/Permit Update to Council

2/6/2018 1 Meckel Agreement/Permit - planning meeting for possible contested case hearing/Council Executive Session

2/20/2018 1 Permit - planning meeting for possible contested case hearing

2/27/2018 1 Permit - planning meeting for possible contested case hearing (call)

3/7/2018 1 TCEQ Commission - Permit Amendment Approval

5/8/2018 1 Constructibility Review Mtg w/ Walker Partners

Progress 25

Other 24

S To Date 49162

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ADDITIONAL SERVICES Buda WWTP 3 MGD Expansion

ELECTRICAL/I&C SCOPE OF SERVICES Electrical and I&C Design Phase Services

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HARUTUNIAN ENGINEERING INCORPORATED

ADDITIONAL AND SPECIAL SERVICES ITEMS to

BASIC SCOPE OF SERVICES FINAL DESIGN PHASE

ELECTRICAL POWER SYSTEM AND INSTRUMENTATION & CONTROL SYSTEM ENGINEERING SERVICES

for

BUDA WASTEWATER TREATMENT PLANT

3 MGD EXPANSION

CITY OF BUDA

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ADDITIONAL SERVICES Buda WWTP 3 MGD Expansion

ELECTRICAL/I&C SCOPE OF SERVICES Electrical and I&C Design Phase Services

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≡ Additional Services - Task 10A ≡

Alum System

Alum Feed Dosing System Flow-Plus-Residual Paced Control

Objective of Additional Scope requested by Client: Design of flow-plus-residual paced control for alum feed system dosing (flow paced alum dosing equal to the existing system is assumed in based contract scope). This additional instrumentation/control design is intended to benefit the City by assisting in compliance with reduced effluent phosphorus limits while economizing on alum chemical costs. The proposed flow-plus-residual paced alum feed system improvements are defined as a deductive bid alternate, allowing the City to decide their inclusion in the construction contract based on the bid prices received.

This task included the additional effort necessary to develop power, instrumentation and control design documents for the proposed alum feed flow-plus-residual paced control dosing system improvements within the Buda Wastewater Treatment Plant.

≡ Additional Services - Task 20A ≡

SCADA System

Network Architecture System, Monitoring of Status and Signal Points from Existing as well as Proposed Pumping and Treatment Equipment Control Systems

Objective of Additional Scope requested by Client: Design of enhanced motor status and run time monitoring provisions at the Operations Building and related enhanced remote monitoring for existing and proposed pumping equipment and treatment equipment. This additional remote monitoring capability is intended to facilitate predictive maintenance for increased reliability of operations at 3.5

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ELECTRICAL/I&C SCOPE OF SERVICES Electrical and I&C Design Phase Services

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MGD capacity. The proposed remote monitoring improvements are defined as a deductive bid alternate allowing the City to determine their inclusion in the construction contract based on the bid prices received.

This task included instrumentation and control design of providing monitoring provisions at the existing operations building to monitor motor status, run time, speed, common alarms, fail alarms, instrumentation analog signals, status switches, etc. for existing and proposed pumping and treatment equipment instrumentation and control systems.

≡ Additional Services - Task 30A ≡

Emergency Power System

Emergency Power Distribution System Modifications

Objective of Additional Scope requested by Client: Electrical power design scope for the WWTP Expansion is revised to provide emergency power for the entire WWTP firm capacity during a sustained power outage. The design iteration of this effort required separate electrical power services with three 1000 kW generators due to limitations imposed on transformer size by Pedernales Electric Cooperative. This task includes coordination with AECOM to accommodate site constraints and to define loads and diversification.

This task includes the effort required to provide emergency power for the entire Buda WWTP firm capacity during a sustained power outage. The design iteration requires separate electrical power services with three 1000 kW generators due to limitations imposed on transformer size by Pedernales Electric Cooperative.

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ADDITIONAL SERVICES Buda WWTP 3 MGD Expansion

ELECTRICAL/I&C SCOPE OF SERVICES Electrical and I&C Design Phase Services

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WORK AREA PE-5 EA-6 ET-3DESCRIPTION HRS. HRS. HRS. TOTAL

≡ Additional Services - Task 10A ≡ 4 57 44 $15,257.72

≡ Additional Services - Task 20A ≡ 5 73 64 $20,338.74

≡ Additional Services - Task 30A ≡ 4 38 28 $10,312.52

4 57 44 $45,908.98

Expenses $0.00

$45,908.98

Emergency Power Distribution System Modifications

Additional Construction Phase Services

Subtotal Labor & Expenses -Design Phase Services

Manhour and Cost TabulationDesign Phase Engineering Services

Alum SystemAlum Feed Dosing System Flow-Plus-Residual Paced Control

SCADA SystemNetwork Architecture System, Monitoring of Status and Signal Points from Existing as well as Proposed Pumping and Treatment Equipment Control Systems

TABLE - I

Buda WWTP - 3 MGD ExpansionAdditional ServicesCity of Buda, Texas

Electrical System Engineering

HEI Task Summary

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City Council Agenda Item ReportDate: Tuesday, July 3, 2018

Agenda Item No. 2018-156-Contact: John Nett

Subject: Deliberation and possible action to enter into a professional serviceagreement with Doucet + Chan to develop a Letter of Map Revision (LOMR)within the FEMA Regulatory Flood Hazard Area of Onion Creek associatedwith the Buda City Park Improvements Project (City Engineer John Nett;Duke Altman, Doucet + Chan)

1. Executive SummaryThe Legislature of the State of Texas has in the Flood Control Insurance Act, Texas Water Code,Section 16.315, delegated the responsibility of local governmental units to adopt regulationsdesigned to minimize flood losses. The City of Buda has been an active participant community in theNational Flood Insurance Program (NFIP) since June 28, 2002. Under the City of Buda's adoptedFlood Damage Prevention Regulations (found at UDC Subsection 4.06), the City is required to ensurefull conformance with the provisions of the NFIP. This includes reviewing all applicable data todetermine whether a proposed development, including the placement of fill, will be reasonably safefrom flooding and, that the cumulative effect of the proposed development, when combined with allother existing and anticipated development, will not increase the water surface elevation of the baseflood more than one foot at any point within the community.

2. Background/HistoryThe City of Buda has completed the planning and design of improvements for City Park, anapproximate 50-acre tract of land located northwest of the intersection of Main Street and GarisonRoad. A significant portion of this property is within the floodplain of Onion Creek for whichdevelopment within is regulated the Federal Emergency Management Agency (FEMA).

FEMA has established administrative procedures for changing an effective Flood Insurance RateMap (FIRM) and Flood Insurance Study (FIS) based on new or revised scientific or technical data. ALetter of Map Revision (LOMR) is a formal technical application that upon approval by FEMAofficially revises current effective regulatory special flood hazards depicted on FEMA maps. A LOMRis used to change flood zones; floodplain and floodway delineations; flood elevations; and mapplanimetric features (e.g., land contours). LOMR requests are submitted through the chief executiveofficer of the NFIP community, because it is the community that must adopt any changes andrevisions to the FEMA maps.

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It should be noted that a preceding Conditional Letter of Map Revision (CLOMR) application is notrequired for the City Park improvements. Under the NFIP regulations, obtaining conditionalapproval from FEMA is required only for those developments that will result in aone-percent-annual-chance water surface elevation increase of greater than 1.0 foot for streamswith established BFEs, but no floodway designated, or any one-percent-annual-chance water surfaceelevation increase for proposed construction within a regulatory floodway. Neither conditionapplies for City Park.

3. Staff's review and analysisIn general, the proposed scope of work outlined in the letter proposal attached to this memoranduminvolves floodplain modeling and mapping to define the required a balance between earthen cut andfill such that the regulatory Base Flood Elevation (BFE) and regulatory floodplain extent will not beincreased upon completion of the City Park Improvements Project. To achieve this requirement,Onion Creek’s overall conveyance will be maintained or improved slightly.

4. Financial ImpactThe total value of the proposed professional services is $59,445. Funding for the proposedprofessional services is available in General Fund balance.

5. Summary/ConclusionAs part of their agreement to participate in the NFIP, communities must enforce these ordinances,including defending FEMA FIS data. If communities do not adhere to the NFIP, they risk being placedon probation or suspended from the program.

6. Pros and ConsWhile Doucet + Chan is currently part of the consultant team under contract for the BondProposition 5 - Parks projects, FEMA LOMR support services are not part of the scope of work of anyof the 2014 Bond Propositions. Doucet + Chan is qualified to perform the FEMA floodplain mappingservices required services. The firm has been working with the current effective FEMA FIS (datedSeptember 2, 2005) and the preliminary Hays County FIS Update modeling data (released in 2017) forvarious development projects in and adjoining the City of Buda. These FEMA hazard data aredepicted on the attached exhibits.

7. AlternativesIf the City Council desires that staff pursue additional negotiation related to the desired scope ofprofessional services, staff could pursue further negotiation with the desired consultant. Staffwould request clear direction from the City Council at this time.

8. RecommendationStaff recommends that City Council accept the attached scope of work and fee proposal, andauthorize the City Manager to execute a professional services agreement with Doucet + Chan, subjectto approval to form by the City Attorney, to develop a Letter of Map Revision within the FEMARegulatory Special Flood Hazard Area of Onion Creek associated with the Buda City ParkImprovements Project and, further, that the City Manager be expressly authorized to approve anyand all change orders or supplemental agreements within the limits set by state and local law.

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7401B Hwy 71 West, Suite 160

Austin, TX 78735 Office: 512.583-2600

Fax: 512.583-2601 Doucetengineers.com

A Division of Doucet & Associates, Inc.

COMMITMENT YOU EXPECT.

EXPERIENCE YOU NEED. PEOPLE YOU TRUST.

March 9, 2018 Mr. John Nett, P.E. City of Buda 121 Main Street P.O. Box 1380 Buda, Texas 78610-1218 RE: Buda Park Floodplain Modifications, Modeling/Mapping, and LOMR – BUDA, TEXAS PROPOSAL NO.: DA 818-030 Dear Mr. Nett, Doucet + Chan, a division of Doucet & Associates, Inc., (D+C), is pleased to submit this engineering services proposal to the City of Buda related to developing a Letter of Map Revision (LOMR) associated with Buda park improvements adjacent to Onion Creek. Please review this proposal and its attachments and, if acceptable to you, let us know how contracting should be handled for the work effort required. PROJECT DESCRIPTION The City of Buda is in the process of planning and designing park and trail improvements as identified in a Park and Trail Master Plan completed in 2012. Most of the identified improvements are proposed within City Park, which is an approximate 50-acre tract of land located on the north side of Main Street, just west of the Union Pacific Railroad crossing. A significant portion of this property is within the floodplain of Onion Creek, which is a regulated floodplain by the Federal Emergency Management Agency (FEMA). In general, the scope of work proposed herein involves floodplain modeling and mapping to determine a balance between property cut and fill such that the regulatory 100-year flood elevations and floodplain extent will not be increased. To achieve this requirement, Onion Creek’s overall conveyance will be maintained or improved slightly. The paragraphs below provide the specifics of our proposal. Our scope of services, assumptions/special conditions, compensation, schedule, and approval statements are presented below. SCOPE OF SERVICES

I. Task 1 – Kickoff Meeting, including Preparations

A kick-off meeting will be held between D+C and the City to overview the proposed scope of work, the schedule, access, and other project-related activities that are anticipated.

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II. Task 2 – Obtain/Review Data and Information, including a Site Reconnaissance Trip

D+C will request and obtain data from FEMA related to the presently pending FEMA floodplain update for Onion Creek in the Buda vicinity. This information will primarily consist of the HEC-RAS modeling performed for the update as well as the topography that the modeling and mapping is based on. A site reconnaissance trip will also be taken to better familiarize our technical team with the project area. City of Buda personnel may also join in the site visit as that would be beneficial for all to view the project area together. III. Task 3 – Establish/Model Proposed Pre-Development Conditions

This task will primarily involve establishing proposed pre-development conditions utilizing the pending HEC-RAS Current Effective HEC-RAS model that FEMA will provide as part of Task 2 along with the topographic conditions that prevailed when the FEMA update models were developed. The proposed pre-development conditions and the matching model is considered “proposed” since the currently pending FEMA update hasn’t been finalized, approved, and adopted. To develop a pending Duplicate Effective model that depicts proposed pre-development conditions, it is anticipated that this pending Current Effective model will be slightly modified by adding a few appropriately located cross sections to ultimately (in Task 4 below) better define proposed cut and fill as well as conveyance conditions. Onion Creek peak discharges for all FEMA flood frequencies (10-, 50-, 100-, and 500-year) will be modeled for proposed pre-development conditions with the 100-year conditions receiving the primary focus. The proposed pre-development modeling will establish conditions for conveyance, flood elevations, and floodplain limits that proposed post-development conditions will be measured against.

IV. Task 4 – Establish/Model Proposed Post-Development Conditions Proposed post-development floodplain conditions will be developed and modeled based on the proposed topography to be established with planned cut and fill operations at the project site. The same cross section locations as used in the proposed pre-development modeling will be used to assure a good basis for comparison. An iterative process will be followed to balance cut and fill while providing the modifications needed to develop topographic and cross section conditions that would preserve or improve proposed pre-development (Task 3) conveyance, flood elevations, and floodplain limits. The pending Duplicate Effective HEC-RAS model will be modified at all applicable cross sections to depict proposed post-development conditions. Onion Creek peak discharges for FEMA flood frequencies (10-, 50-, 100-, and 500-year) will be modeled for proposed post-development conditions with the 100-year conditions receiving the primary focus.

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V. Task 5 – Provide Proposed Post-Development Topography Based on the results from Task 4 above, proposed post-development topography will be established spatially in terms of elevation contours showing the ground surface needed to preserve or improve on proposed pre-development conveyance, flood elevations, and floodplain limits. This topographic information will represent the ground surface elevations the site contractor and/or developer will need to establish in order to meet FEMA and City requirements. It will be critical that the contractor establish a ground surface that is very close to the proposed grades. VI. Task 6 – Develop Proposed Post-Development Floodplains and Flood Profiles

Utilizing the results from Tasks 4 and 5 described above, proposed post-development flood profiles will be developed for all FEMA flood frequencies (10-, 50-, 100-, and 500-year events). Floodplains will also be developed for the 100-year, especially, and 500-year events per FEMA requirements. This task primarily involves developing pertinent floodplain products using the results from previous tasks. VII. Task 7 – Provide Summary Report: Pre- Versus Proposed Post-Development Conditions

A summary report will be developed and provided that outlines the work performed in Tasks 1 through 6. Although this report will not necessarily reflect as-built conditions, it will provide the City assurances that FEMA requirements will be met if the site is graded to the proposed topographic conditions developed in Task 5. VIII. Task 8 – Compare As-Built Versus Proposed Topography After site improvements have been made and FEMA has approved and adopted a regulatory floodplain update, the City will need to provide D+C with an as-built survey of the resulting site topographic conditions. After receiving the as-built conditions topography, a comparison will be made to the proposed post-development conditions that were used in earlier modeling and mapping efforts (Tasks 4 – 6). Any significant discrepancies will be brought to the City’s attention as this could cause problems if the resulting site grading causes any floodplain impacts. At this stage, the City may require any grading deficiencies be remedied by the contractor prior to proceeding with the LOMR application. IX. Task 9 – Develop/Model Actual Pre- and Post-Development Conditions for LOMR After it is established that site topography following site improvements are made is acceptable by the City, actual pre- (Duplicate Effective model) and post-development (LOMR) floodplain conditions will be developed and modeled. This modeling will be based on the approved FEMA update for pre-development (Duplicate Effective model) conditions as well as for post-development (LOMR) conditions based on as-built topography that was established with final constructed cut and fill operations. The same cross section locations as used in the proposed pre- and post-development modeling will be used to assure a good basis for comparison. Onion Creek peak discharges for all FEMA flood frequencies (10-, 50-, 100-, and 500-year) will be modeled for actual pre- and post-development conditions with the 100-year conditions receiving the primary focus.

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X. Task 10 - Complete/Submit LOMR Package Following completion of Tasks 8 and 9, a LOMR submittal package will be developed and submitted to FEMA for review and approval. All applicable forms (Form 1 - Overview and Concurrence), (Form 2 -Riverine Hydrology and Hydraulics), (Form 3 - Riverine Structures), and the payment form) will be completed and submitted along with modeling and mapping attachments and the City’s assistance. Although assistance will be provided to the City in submitting the Payment Form, the City will pay for all reviews separately from this proposed work. If digital mapping is to be provided, the as-built surveying provided by the City will need to meet FEMA specifications.

XI. Task 11 - FEMA Coordination D+C will coordinate with FEMA during their review and approval process to answer questions and provide clarifications on the modeling and mapping performed as well as the completion of the applicable forms. Certain portions of the forms will have to be completed by the City (also see assumptions/special conditions below). XII. Task 12 - Project Meetings

It is anticipated that there will be two meetings with the City of Buda to discuss procedures and/or results. Any additional meetings will be considered additional services. XIII. Quality Assurance and Quality Control

Doucet will utilize our quality assurance and quality control processes as part of our work effort to ensure that quality results and products will be developed. ASSUMPTIONS/SPECIAL CONDITIONS 1. This proposal only includes those items specifically identified in the scope of services above.

Additional services required by the Client that are not outlined above, will be billed to Client based on written amendments to this contract.

2. Any required surveying is not included in our scope of work. Any surveying work will be provided by the City unless incorporated into this agreement as an add service.

3. Should the City approved improvements change, or budget is revised in order to accomplish the proposed improvements, D+C may submit an engineering services proposal so that the scope of work and the engineering fees can be adjusted as needed.

4. Off-site improvements are not included in this proposal. Should off-site improvements be required to support this project, D+C can provide a proposal for these additional services once identified.

5. Analysis and/or design of on-site detention and/or stormwater quality facilities are not included in

the scope of work.

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6. Modification to the Site Plan after D+C initiates project work may require a change in our scope of work and associated fee.

7. Environmental (including endangered species and/or habitat conservation evaluations, judgements,

or permitting) or geologic assessments, landscaping and irrigation, geotechnical investigations, surveying, as well as structural, transportation, mechanical, and electrical engineering services are not included in this proposal.

8. Jurisdictional/agency fees for review, permitting, inspection fees, FEMA LOMR submittals etc. are the

responsibility of the Owner and are not included in our scope of work.

9. Preparation or processing of easement instruments, licenses, developer agreements, or variance to jurisdictional regulations are not included within this scope of work.

10. Engineering efforts shall be invoiced monthly based on percentage completion of each phase of the

project.

11. D+C will not be responsible for delays caused by City and/or other jurisdictional staff or processes, delays caused by the Owner or other consultants, addressing additional comments requested by reviewer(s), or changes in owner program.

12. If work is suspended for any reason for more than two months, the fee for remaining work may be re-negotiated.

13. Exclusions related to floodplain modelling/mapping and FEMA LOMR:

• FEMA peak flood discharges associated with the “Current Effective” HEC-RAS models will be used

in our analyses since work associated with the Buda Park improvements shouldn’t change these peak flows.

• The project’s LOMR-specific work will be based on the floodplain modeling/mapping and resulting regulatory products that are ultimately approved in association with the presently pending update to Onion Creek’s FEMA floodplains. The LOMR-specific submittal work will not be initiated until the pending FEMA floodplain work is adopted.

• No new pre-development topo surveying or mapping will be provided by D+C. • The proposed City site modifications including cut and fill will not require a change in the Onion

Creek floodway. • Pre-development conditions will be the same as FEMA’s Duplicate Effective HEC-RAS model. • No fill compaction evaluations, judgements, approvals, or certifications are included. • No maintenance evaluations, judgements, or considerations are included. • As-Built surveying is not included and will be provided by the City. • No FEMA LOMR or LOMR-related fee payments are included to be paid by D+C. • It will be assumed that local officials will submit the LOMR application and will provide a “no

opposition” statement(s). • Appropriate City officials and/or representatives will provide their approval by signature that all

local floodplain ordinances are being met by project development activities. • Although none are anticipated, property owner notifications are not included and, if required for

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any reason, will be an additional service.

COMPENSATION

D+C’s engineering services shall be performed based on a lump sum amount of $59,445 that includes $395 in reimbursable expenses. Monthly invoices will be provided based on work performed. A labor hour projection for each task is presented in Attachment 1.

Reimbursable Expenses Direct non-salary expenses incurred and not applicable to general overhead are billed at cost plus five percent (5%) for administrative and handling charges.

SCHEDULE Upon your authorization to proceed, it is anticipated that it will take eight (8) weeks to complete Tasks 1 through 7 including submitting a summary report for those tasks. However, additional time could be required to discuss our findings with the City of Buda and any other interested parties. Although we can’t provide an exact time requirement, it is anticipated that Tasks 8 through 12 will require approximately twenty six (26) weeks due to the unknown time to obtain FEMA’s review and approval. APPROVAL Attached to this letter proposal are a fee schedule (Schedule A) and our general terms and conditions. If you agree to the terms set forth in the proposal and the attachments, please sign the proposal below and return one copy to D+C for our files. If you have any questions regarding this proposal and the attachments or would prefer to use another contracting process, please feel free to contact me (512-583-2604 / daltman@doucetengineers.com) or Tom Curran (512-583-2623 / tcurran@doucetengineers.com). We appreciate the opportunity to provide this proposal and look forward to working with you and others at the City of Buda. Sincerely, Doucet + Chan

Duke G. Altman, P.E., CFM Director of Water Resources O: (512-583-2604) Email: daltman@doucetengineers.com TBPE# 3937 State of Texas Surveying Firm Certification #10105800

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Terms and Conditions of Letter Proposal and Attachments Agreed to this ______ day of ________________, 2018. City of Buda, Texas By: Name: Title:

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General Terms and Conditions

These General Terms and Conditions are a part of the letter proposal “Buda Park Floodplain Modifications, Modeling/Mapping, and LOMR – BUDA, TEXAS - PROPOSAL NO.: 818-030” dated March 8, 2018 from Doucet + Chan, a division of Doucet & Associates, Inc. (“DOUCET”) to the City of Buda (“Client”) and shall govern all services described in the above referenced letter proposal. Article 1. Compensation 1.1 Agreement to Hire. Client hires DOUCET to perform the Services on the Property described in the Letter Proposal (the “Property”) pursuant to the terms of this Agreement. This Agreement is comprised of the Letter Proposal, Fee Schedule and these General Terms and Conditions. The term of the Agreement shall commence on the date Client signs the Letter Proposal and terminate on the date the Services are completed or the date this Agreement is otherwise terminated in accordance with its terms. 1.2 Agreement to Pay. Client agrees to pay DOUCET for the Basic Services, Additional Services and Reimbursable Expenses in accordance with this Agreement. The charge for Additional Services shall be based on actual hours expended and quantities used. The amounts set forth in the Letter Proposal are estimates only and actual charges may vary. DOUCET reserves the right to periodically adjust our fee schedule. In addition to all fees for services, Client agrees to pay all collection charges if DOUCET is compelled to seek collection of the fees charged for Basic and Additional Services and Reimbursable Expenses through a collection agency or through an attorney. Collection charges includes all fees paid to any professional for collection of delinquent Fees, all court costs, travel expenses, and other costs incurred by DOUCET in collection of delinquent fees and expenses due to DOUCET under this Agreement. 1.3 Change Orders. Client, without invalidating this Agreement, may request changes to the scope of Services by altering or adding to the Services to be performed and any such changes shall be performed subject to this Agreement. Unless DOUCET specifies otherwise, the charges for such changed Services shall be based on actual hours expended and quantities used in accordance with the Fee Schedule. Client, by requesting a change order, agrees to pay such additional or changed charges. 1.4 Invoices. DOUCET will submit invoices to Client on a monthly basis or upon completion of the Services. Client agrees to pay DOUCET upon receipt of invoice. Client agrees to pay a charge of 1.5% per month on all invoiced amounts after thirty days, retroactive to the date of invoice. Interest on unpaid invoices shall not exceed the maximum amount of interest allowed by law and any interest in excess of this amount shall be credited to unpaid invoices or, if they have been paid, refunded. 1.5 Suspension of Work. If Client does not pay any invoiced amount within thirty days from the date of invoice, or otherwise fails to perform any obligation under this Agreement, DOUCET shall have the right, upon three days written notice to Client, to stop performance of the Services. Article 2. Duties 2.1 Access. Client will provide DOUCET with access to the Property or to any other site as required by Client for performance of the Services. 2.2 Client-furnished Data. Client will provide to DOUCET all plans and other information in Client’s possession that relates to DOUCET’s performance of the Services. This information will include known site hazards, location of utilities, prior surveys, plats, any hazardous materials in or around the site, location of underground structures or storage tanks. Client acknowledges that DOUCET will rely on the accuracy, timeliness and completeness of the information provided by the Client or any of Client’s contractors or consultants. Client agrees, to the fullest extent permitted by law, to waive all claims and causes of action against DOUCET and to indemnify, and hold harmless DOUCET, its directors, partners, employees and subcontractors from any damages, liabilities or costs, including attorneys’ fees, experts’ fees and defense costs, for any property damage, injury or economic loss arising or allegedly arising from inaccuracy of information provided to DOUCET by the Client. 2.3 Other Information. DOUCET will rely upon commonly used sources of data, including database searches and agency contacts. DOUCET does not warranty the accuracy of the information obtained from those sources and has not been requested to independently verify such information.

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2.4 Permits. Except as expressly provided in the Letter Proposal, Client is responsible for obtaining and complying with all required permits or other approvals of, and for giving any required notices to, all governmental and quasi-governmental authorities having jurisdiction over the Services or the Property. Upon request, Client will provide DOUCET evidence satisfactory to DOUCET that all required permits or other approvals have been obtained and that all required notices have been given, including copies of such permits or notices. 2.5 Ownership of Documents. All designs, drawings, engineering reports, specifications and other documents generated or produced during the term of this Agreement, whether in electronic form, print, or any other fixed media, are work product of DOUCET and are the sole and exclusive property of DOUCET. The work product of DOUCET described in the preceding sentence is licensed to Client for the sole purposes of the Project, and may not be used by any third party for any purpose, nor by Client for any purpose other than as set out in this Agreement. Client may not modify, amend, change or alter any of DOUCET’s work product. If Client makes any modification, alteration, addition or change to DOUCET’s work product without the specific agreement of DOUCET, any warranty issued by DOUCET for work completed with the altered documents is withdrawn by DOUCET. Client acknowledges and agrees that if it modifies, alters, or changes the DOUCET work product without the consultation and written consent of DOUCET that DOUCET is relieved of any liability caused by that modification, change or alteration, and that Client will indemnify and hold DOUCET harmless from any claims, lawsuits, damages, losses and causes of action asserted by any third party against DOUCET, including costs of defense and attorney’s fees. 2.6 Lender Certificates. In the event a third party, such as a lender or subsequent purchaser of the Property, seeks assignment of any instruments of service prepared by DOUCET, or requests that DOUCET make independent certifications in favor of such third party, then DOUCET, as a condition to such assignment or certification may require: (a) payment in full of all outstanding charges then due from Client, (b) reimbursement for all costs and fees incurred by DOUCET (including attorney’s fees) in reviewing associated documents, (c) a reasonable administrative fee in an amount determined by DOUCET, (d) reasonable time to review any associated documents, but no less than seven (7) days, (e) DOUCET may limit its certification to such third party to a statement confirming that all certifications made on the instruments of service, if any, remain true and correct and (f) any other assurances reasonably determined by DOUCET. 2.7 Reporting Obligations. Client has responsibility for complying with all legal reporting obligations, including but not limited to spill reporting. Nothing in the Agreement precludes DOUCET from providing any notices or reports that it may be required by law to give to governmental entities. 2.8 Environmental and Compliance with Laws. Client represents to DOUCET that the Property is and will remain in compliance with all-environmental, health and safety laws, regulations and ordinances (“Laws”). Client is solely responsible for all matters relating to soils testing, other subsurface investigations, the presence and disposal of any hazardous materials in, under or around the Property, and any other environmental conditions of the Property and any structures located on the Property. Client is the owner of and has responsibility for any waste materials on the Property or generated in the performance of the Services, including samples collected for testing. Client agrees to indemnify and hold harmless DOUCET, its officers, partners, employees, and subcontractors from all claims, damages, losses, and costs, including, but not limited to, litigation expenses and attorney’s fees, arising out of or related to the presence of any hazardous materials, petroleum, asbestos or contaminants on the Property or the failure of the Property to comply with all Laws. 2.9 Cooperation. Client will fully cooperate with DOUCET in the performance of this Agreement. Client is responsible for assuring that other contractors of Client cooperate with and do not interfere with DOUCET’s performance of the Services. 2.10 Surveying. Client understands that surveying, vehicles and other equipment may unavoidably cause some damage to the Property, including destruction of vegetation, the correction of which is not part of the Agreement. 2.11 Changed Conditions. The Client shall rely on DOUCET’s judgment as to the continued adequacy of the Agreement in light of occurrences or discoveries that were not originally contemplated by or known to DOUCET. Should DOUCET call for contract renegotiation, DOUCET shall identify the changed conditions necessitating renegotiation and DOUCET and the Client shall promptly and in good faith enter into renegotiation of this Agreement. If terms cannot be agreed to, the parties agree that either party has the right to terminate the Agreement. 2.12 Opinions of Cost. Should DOUCET provide any cost opinions, it is understood that those opinions are based on the experience and judgment of DOUCET and are merely opinions. DOUCET does not warrant that actual costs will not vary from those opinions because, among other things, DOUCET has no control over market conditions.

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PAGE | 10 818-030

Article 3. Termination of Services 3.1 Termination. The Agreement may be terminated without cause at any time prior to completion of the Service by Client or DOUCET upon seven (7) days written notice to the other party. 3.2 Compensation in Event of Termination. If the Agreement is terminated in accordance with Paragraph 3.1, DOUCET shall be compensated for all Services performed prior to the termination date in accordance with the rates established in this Agreement, together with Reimbursable Expenses then due or incurred. Article 4. Relationship of Parties 4.1 Independent Contractor. It is understood that the relationship of DOUCET to Client shall be that of an independent contractor. Neither DOUCET or employees of DOUCET shall be deemed to be employees of Client. There are no third party beneficiaries to this Agreement. Article 5. Limitation on Warranties and Liability 5.1 DOUCET represents and warrants that the Services will be performed using that degree of care and skill customarily provided by an experienced professional organization providing similar services in the area during the same time period. DOUCET makes no other warranties or representations, whether express or implied, whether in this Agreement or any subsequent reports provided by DOUCET. 5.2 Limitation of Liability. TO THE FULLEST EXTENT PERMITTED BY LAW, THE TOTAL LIABILITY OF DOUCET AND ITS SUBCONSULTANTS AND SUBCONTRACTORS TO CLIENT FOR ANY AND ALL INJURIES, CLAIMS, LOSSES, EXPENSES OR DAMAGES WHATSOEVER FROM ANY CAUSE OR CAUSES, INCLUDING, BUT NOT LIMITED TO, STRICT LIABILITY, BREACH OF CONTRACT, BREACH OF WARRANTY, NEGLIGENCE, OR ERRORS OR OMISSIONS (COLLECTIVELY “CLAIMS”) SHALL NOT EXCEED $50,000 OR DOUCET’S TOTAL FEE, WHICHEVER IS GREATER. IN NO EVENT WILL DOUCET, ITS SUBCONSULTANTS OR SUBCONTRACTORS BE LIABLE FOR PUNITIVE, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES. CLIENT, AS A MATERIAL INDUCEMENT TO DOUCET TO ENTER THIS AGREEMENT, WAIVES ALL CLAIMS AGAINST, FOREVER DISCHARGES AND PROMISES NOT TO SUE THE EMPLOYEES, OFFICERS AND DIRECTORS OF DOUCET FOR ALL CLAIMS, EXCEPT INTENTIONAL TORTS OCCURRING OUTSIDE THE COURSE AND SCOPE OF THEIR EMPLOYMENT. CLIENT AGREES TO LOOK SOLELY TO DOUCET FOR THE SATISFACTION OF ANY CLAIMS ARISING FROM OR RELATING TO THIS AGREEMENT THAT CLIENT WOULD OTHERWISE HAVE AGAINST THE EMPLOYEES, OFFICERS AND DIRECTORS OF DOUCET ABSENT THE WAIVER SET FORTH ABOVE. Article 6. Miscellaneous 6.1 Entire Agreement. The Agreement (including any exhibits) contains the entire agreement between DOUCET and Client, and no oral statements or prior written matter shall be of any force or effect. The Agreement may be modified only by a written document executed by both parties. 6.2 Governing Law. The Agreement shall be governed by and construed in accordance with the laws of the State of Texas. 6.3 Arbitration. Any controversy or claim arising from or relating to this Agreement, the Services or any other agreement between the parties shall be settled by binding arbitration administered by the American Arbitration Association (AAA) under its commercial arbitration rules and judgment on the award rendered by the arbitrator may be entered in any court having jurisdiction thereof. The arbitration, and all hearings in relation thereto, shall be held in Travis County, Texas. The arbitration panel shall consist of a single arbitrator who is either a licensed engineer or has extensive experience in the field of engineering. All aspects of the arbitration shall be confidential. The arbitrator shall have no authority to award punitive damages. Notwithstanding the foregoing, in the event DOUCET has a claim against Client for the collection of invoiced amounts then DOUCET may bring such claim in the courts of Travis County, Texas and Client hereby irrevocably consents to venue and jurisdiction of the courts of Travis County for such claims. In the event Client asserts a counterclaim against DOUCET, then DOUCET shall have thirty (30) days from receipt of such counterclaim to commence arbitration, in which case the entire cause of action shall be stayed in the Courts and arbitrated in accordance with this paragraph, or if DOUCET fails to commence arbitration within such thirty day period, the entire cause of action shall be litigated in the Courts of Travis County. Client acknowledges that all payments for the Services are due and payable in Travis County, Texas.

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PAGE | 11 818-030

6.4 Acceptance of Agreement. If this Agreement is not executed by Client within 30 days of the date tendered, it shall become invalid unless: (1) DOUCET extends the time in writing; or (2) Client orally authorizes DOUCET to proceed with the work, in which event the terms of the oral authorization shall be presumed to include all the terms of this Agreement. DOUCET’s performance of work under the oral authorization shall be in reliance on the inclusion of all the terms of this Agreement in the oral authorization. A facsimile signature shall be effective to bind either party to this Agreement. 6.5 Engineer Not Supervisor. Unless specifically stated in the letter proposal defining the basic Services provided in this Agreement, Engineer has no responsibility or authority for the supervision of any phase of the work at the site of the Project, and no responsibility for the means, methods, techniques, sequences, and procedures used by the contractors and no responsibility for site safety. DOUCET shall have no responsibility to assure or certify that construction on the Property or any activity not supervised by DOUCET shall comply with applicable laws. DOUCET shall have no responsibility for or liability in relation to any employees of Client or other contractors of Client on the Property. 6.6 Indemnity. Client shall indemnify, defend and hold harmless DOUCET from and against any and all lawsuits, claims, liabilities, actions, causes of action, demands, losses, damages, forfeitures, penalties, fines, costs and expenses, including but not limited to, reasonable attorney’s fees and expenses, by whomever asserted, including but not limited to, any government entity, agency or branch, any third party, an employee, contractor employed or retained by DOUCET, any third party or employee employed or retained by DOUCET, to the extent that such claim, property damage, injury or death resulted from (i) the negligence or willful misconduct of Client or an agent or contractor of Client, (ii) violation of federal, state or local statute, rule, regulation or ordinance by Client or an agent or contractor of Client, (iii) Client’s alleged involvement or status as an owner, operator, arranger, generator or transporter of hazardous substances or constituents at the Property, (iv) any matter outside of DOUCET’s scope of Services or (v) inaccurate information provided by Client to DOUCET. 6.7 Suspension of Work/Force Majeure. Client may require DOUCET to temporarily suspend work by delivery of written notice to DOUCET. DOUCET may also be required to suspend work due to circumstances beyond the control of DOUCET, including but not limited to strike, fire, inclement weather (including excessive rain or heat), act of God, governmental action, third party actions, casualty or acts of Client. Client understands that the suspension of work by DOUCET will cause DOUCET to incur additional costs to suspend and resume work and Client agrees to reimburse DOUCET for such additional costs and to extend DOUCET’s deadline for completion. 6.8 No Assignment. Client may not assign this Agreement without consent by DOUCET. 6.9 Interpretation. The parties acknowledge that each party, and if it so chooses, its counsel have reviewed and revised the Agreement and that the normal rule or construction that any ambiguities are to be resolved against the drafting party shall not be employed in the interpretation of the Agreement. 6.10 Survival. Termination of the Services for any reason whatsoever shall not affect the right or obligation of any party that is accrued or vested prior to such termination, and any provision of the Agreement relating to such right or obligation shall be deemed to survive such termination of the Services or any continuing obligation, liability or responsibility of DOUCET or Client which would otherwise survive termination of the Services. 6.11 Contractual Lien to Secure Payment: Client hereby grants to DOUCET a contractual lien in addition to all constitutional, statutory and equitable liens that may exist on the Property and all improvements thereon, to secure payment for all debts owed, now or in the future, to DOUCET by Client including those arising as a result of DOUCET’s services provided in accordance with this Agreement or any other agreement between Client and DOUCET. Client grants DOUCET the authority and right to file a copy of this Agreement in the Deed Records of the county or counties where the above project is located to give notice of DOUCET’s lien rights.

179

Principal Engineer

Sr. Project Manager

Project Engineer

Engineer Associate II

GIS Specialist

CAD Operator II / Civil Tech

Surveyor (RPLS)

Sr. Operations Assistant

Reimbursed Expenses

TOTALS

Task 1 2 3 3 2 50$ 1,705$

Task 2 1 3 12 8 2 3 3 225$ 4,715$

Task 3 1 8 12 18 2 6 2 20$ 6,605$

Task 4 1 4 24 20 2 1 $ 20 7,150$

Task 5 1 4 2 8 2 1 20$ 2,185$

Task 6 1 2 6 8 2 2 120$ 2,940$

Task 7 2 3 16 16 2 8 875$

6,925$

Task 8 1 3 3 2 4 220$ 1,770$

Task 9 1 4 40 48 8 28 820$ 16,525$

Task 10 1 2 8 12 2 4 2 50$ 3,985$

Task 11 1 1 8 2 1 2 2 25$ 2,310$

Task 12 2 4 8 2 50$ 2,630$

13 36 144 137 23 65 5 33 395$ 59,445$ 59,445.0$ check

Hourly Rates > 225.00$ 200.00$ 145.00$ 115.00$ 120.00$ 90.00$ 175.00$ 85.00$ 59,050$ Total minus Expenses

ATTACHMENT 1

Establish/Model Proposed Post-Development Conditions

LOMR SCOPE OF WORK OUTLINE AND BUDGET - ONION CREEK AT BUDA CITY PARK - BUDA, TEXAS

TASKS

Obtain/Review Data and Information, including site reconn. Trip

Kick-off Meeting, including preparations

Establish/Model Proposed Pre-Development Conditions

Provide Summary Report: Pre- vs Proposed Post-Development Conditions

Compare As-Built Versus Proposed Topography

Provide Proposed Post-Development Topography

Develop Proposed Post-Development Floodplains and Flood Profiles

FEMA Coordination

TOTALS

Develop/Model Actual Pre- and Post-Development Conditions for LOMR

Complete/Submit LOMR Package

Project Meetings

180

181

Source: Esri, DigitalGlobe, GeoEye, Earthstar Geographics, CNES/AirbusDS, USDA, USGS, AeroGRID, IGN, and the GIS User Community

National Flood Hazard Layer FIRMette

0 500 1,000 1,500 2,000250Feet

Ü

97°5

0'47.3

5"W 30°5'20.68"N

97°50'9.90"W

30°4'49.56"N

SEE FIS REPORT FOR DETAILED LEGEND AND INDEX MAP FOR FIRM PANEL LAYOUT

SPECIAL FLOODHAZARD AREAS

Without Base Flood Elevation (BFE)Zone A, V, A99

With BFE or DepthZone AE, AO, AH, VE, ARRegulatory Floodway

0.2% Annual Chance Flood Hazard, Areasof 1% annual chance flood with averagedepth less than one foot or with drainageareas of less than one square mile Zone XFuture Conditions 1% AnnualChance Flood Hazard Zone XArea with Reduced Flood Risk due toLevee. See Notes. Zone XArea with Flood Risk due to Levee Zone D

NO SCREEN Area of Minimal Flood Hazard Zone X

Area of Undetermined Flood Hazard Zone D

Channel, Culvert, or Storm SewerLevee, Dike, or Floodwall

Cross Sections with 1% Annual Chance17.5 Water Surface Elevation

Coastal Transect

Coastal Transect BaselineProfile BaselineHydrographic Feature

Base Flood Elevation Line (BFE)

Effective LOMRs

Limit of StudyJurisdiction Boundary

Digital Data AvailableNo Digital Data AvailableUnmapped

This map complies with FEMA's standards for the use of digital flood maps if it is not void as described below. The base map shown complies with FEMA's base map accuracy standardsThe flood hazard information is derived directly from theauthoritative NFHL web services provided by FEMA. This mapwas exported on 6/4/2018 at 8:46:29 AM and does notreflect changes or amendments subsequent to this date andtime. The NFHL and effective information may change orbecome superseded by new data over time.This map image is void if the one or more of the following mapelements do not appear: base map imagery, flood zone labels,legend, scale bar, map creation date, community identifiers,FIRM panel number, and FIRM effective date. Map images forunmapped and unmodernized areas cannot be used forregulatory purposes.

Legend

OTHER AREAS OFFLOOD HAZARD

OTHER AREAS

GENERALSTRUCTURES

OTHERFEATURES

MAP PANELS

8

1:6,000

B 20.2

182

City Council Agenda Item ReportDate: Tuesday, July 3, 2018

Agenda Item No. 2018-387-Contact: Chance Sparks

Subject: Deliberation and possible action regarding the first reading of an ordinanceto change the zoning from Interstate 35 Business (B-3) to Light Industrial (LI)for approximately 2.008 acres being Lots 3 and 4 of Capital Area IndustrialPark Subdivision, Hays County, Texas and generally located on the south sideof Industrial Way Drive between Interstate 35 and Dupree Drive (Z 18-01)(Senior Planner David Fowler)

1. Executive SummaryThis item is the action item pertaining to an application for a Zoning Map Amendment, or ZoningChange, for two lots totaling 2.008 acres located east of Interstate 35 on the south side of IndustrialWay Drive. The request is to change from the current zoning of B-3 to LI in order to create the samezoning for the four lots on which an Automobile Service Garage, Major would be located. Thepurpose of the zoning would be to make the four parcels under the applicant’s control the samezoning in order to make the desired use possible on all of the subject parcels without needing toapply for a Specific Use Permit for the portion of the assemblage that is in the B-3 district.

At the Planning and Zoning Commission meeting held May 22nd, The Commissioners votedunanimously in favor of the proposed zoning change. The commissioners found that the proposeduse would not be out-of-context with the existing and allowed uses in the area adjacent to the site ofthe proposed zoning change, consistent with the staff recommendation.

2. Background/HistoryThe request is affiliated with the recently opened Freightliner business. This request involves asecond area of property located behind the existing space, with the goal of placing a maintenancefacility on the property. The potential scope of services for the maintenance facility falls under thedefined land use of "automobile service garage, major."

Surrounding uses include:

East - LI Light Industrial (vacant)

North - B-3 Interstate 35 Business (electrical distributor company and vacant)183

West - B-3 Interstate 35 Business (automobile dealership)

South - B-3 Interstate 35 Business (metal supplier)

3. Staff's review and analysisFor the public hearing at Planning and Zoning Commission held May 22, 2018, 14 property ownerswere notified within 400’ of the subject property. Staff has not received any responses for or against.

The following constitutes an evaluation of the proposed zoning change:

The proposed zoning change is broadly in compliance with the Comprehensive Plan. In pertinentexcerpts from the Buda 2030 Comprehensive Plan as well as the Future Land Use Map, theseproperties are located on the border of the Emerging Growth District and Interstate Corridor Districtaccording to the Future Land Use Character Districts map. Industrial Parks are not consideredappropriate in the Emerging Growth District, but that is the closest the plan comes to weighing in onthe proposed use. The chart found in Appendix B of the Comprehensive Plan lists light industrialzoning as conditionally appropriate in the Interstate Corridor District. The future land use map wasdrawn in a fairly granular manner and was not intended to be a zoning map for individualproperties. In this case, the Emerging Growth Area was drawn in a manner that included the subjectexisting commercial industrial area, without implying that the area should change immediately. Thisis an opportunity for refinement in a future update of the Comprehensive Plan.

Based on information from the comprehensive plan and surrounding uses, approval of this zoningchange would NOT constitute spot zoning, as it could be considered consistent with surroundinguses. Spot zoning is the application of zoning to a specific parcel or parcels of land within a largerzoned area when the rezoning is usually at odds with a city's master plan and current zoningrestrictions, and appears wholly out-of-place in comparison to surrounding zoning.

Staff has not identified critical issues with the potential uses in the LI district that would negativelyaffect the health, safety or general welfare of the City and the safe, orderly and healthfuldevelopment of the City. Staff would be more hesitant if the subject property of the request hadInterstate 35 frontage, but the subject property is located on a side street with low traffic.

The surrounding properties are a mix of light industrial and heavy commercial uses such asautomobile dealerships, equipment sales, and automotive service garages. The adjacentneighborhood carries LI zoning to the east and B-3 zoning to the west. The property affected by thezoning change is suitable for uses permitted by the proposed amendment to the zoning map. Thesubject properties are mostly flat and are covered with mostly smaller trees. For any development onthis property, the applicant will be required to comply with applicable development standards suchas maximum impervious cover, water detention/quality, and site/building design, pursuant to theUnified Development Code.

The applicant intends to build an Automobile Service Garage for the purposes of repairing trucks. This will be a major facility serving only trucks from a single company. The applicant has appliedfor an amending plat to consolidate the existing lots, all of which are platted, in order to mitigatesetback issues that would be created if the building were proposed to be built across lot lines.

Infrastructure, including roadway adequacy, sewer, water and storm water facilities, is or iscommitted to be available that is generally suitable and adequate for the proposed use. This zoningchange does not negatively affect infrastructure capacity or adequacy. The property, throughprevious annexation, falls within the City of Buda water service area, though it is technically withinthe Goforth Water system boundary. This site will employ On-site sewage facilities (OSSF), whichwill require a permit from Hays County. The applicant, as with any developer, is responsible for 184

construction of their infrastructure improvements as well as any off-site improvements caused bythe project. Staff will review for any needed infrastructure improvements as part of the amendingplat and site plan review processes.

4. Financial ImpactThis project will result in payment of development fees. It will increase productivity of a vacantparcel, resulting in increased ad valorem tax revenue and sales and use tax revenue. Unlike vehiclesales, vehicle maintenance is subject to sales and use tax.

5. Summary/ConclusionThe requested zoning change appears to satisfy all criteria and maintains consistency with the Buda2030 Comprehensive Plan. It does not present compatibility challenges or risks to the health, safetyand general welfare. Approving the request allows the project to proceed through its pendingamending plat to combine the lots as well as submit it site development and building permits.

6. Pros and ConsStaff has evaluated pros and cons. Since this is a decision with multiple outcomes, the pros andcons have been consolidated with the discussion of alternatives below.

7. AlternativesApproval of a zoning change is entirely discretionary based on application of standards found in theUDC and consistency with the Comprehensive Plan. Three clear alternatives are available to addressthis rezoning. Staff has identified these alternatives and the primary implications of pursuing each.The list of implications is not exhaustive, as the Council may identify others. Though the number ofpros & cons varies by outcome, they are not necessarily equally weighted. For example, an outcomecould have two “pros” and one “con”, but that “con” could carry more weight.

Approve the rezoning – This alternative results in the rezoning being approved. This action appearsto result in development more consistent with the Buda 2030 Comprehensive Plan than the current.This action acknowledges that the criteria for rezoning have been satisfied. This action affirms therecommendation of the Planning & Zoning Commission.

Table the Rezoning – This alternative results in the rezoning being postponed for action pendingreceipt of additional information. For this alternative, it is important to provide direction to the staffand applicant regarding the information needed. If the City Council requires additional information,this action provides the opportunity for such information to be secured. This action can causeunnecessary delays, which may affect real estate transactions if any are pending.

Deny the Rezoning – This alternative results in the rezoning not occurring. This action is lessconsistent with the Buda 2030 Comprehensive Plan. It is not clear which rezoning criteria were notsatisfied or any inconsistencies with the Comprehensive Plan; the City Council will need to identifythis. This action conflicts with the recommendation of the Planning & Zoning Commission.

8. RecommendationThe Planning and Zoning Commission meeting held May 22nd, The Commissioners votedunanimously in favor of the proposed zoning change. Staff concurs with this recommendation, andrecommends the City Council consider approval.

185

ORDINANCE NO. _____-___

AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BUDA, TEXAS AMENDING THE OFFICIAL ZONING MAP OF THE CITY PERTAINING TO APPROXIMATELY 2.008+/- ACRES OF LAND BEING LOTS 3 AND 4 OF THE CAPITAL AREA INDUSTRIAL PARK SUBDIVISION RESULTING IN THE ZONING CHANGING FROM B-3 INTERSTATE 35 BUSINESS TO LI LIGHT INDUSTRIAL; PROVIDING A REPEALING CLAUSE; PROVIDING A SEVERABILITY CLAUSE; PROVIDING AN EFFECTIVE DATE AND PROVIDING A PENALTY CLAUSE.

WHEREAS, on May 22, 2018, the Planning and Zoning Commission of the City of Buda held a public hearing regarding a request to change zoning for the 2.008+/- acres of land being Lots 3 and 4 of the Capital Area Industrial Park Subdivision, Hays County, Texas, further depicted in Exhibit ‘A’, attached, and recommended that the request be approved by the City Council of the City of Buda; and WHEREAS, the City Council held a public hearing on July 17, 2018 regarding the request; and WHEREAS, all requirements of the City of Buda Unified Development Code pertaining to zoning map amendments have been met; and, WHEREAS, the City Council has determined that adoption of this ordinance is in the interest of the general health, safety, welfare and morals of the community; and WHEREAS, the City has determined that this ordinance was passed and approved at a meeting of the City Council of the City of Buda held in strict compliance with the Texas Open Meetings Act at which a quorum of the City Council Members were present and voting; NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF BUDA, TEXAS, THAT: Section 1. The base zoning of the aforementioned property, approximately 2.008+/- acres of land, Lots 3 and 4 of the Capital Area Industrial Park Subdivision, Hays County, Texas, further depicted in Exhibit ‘A’, attached, is hereby changed from B-3 Interstate 35 Business to LI Light Industrial. Section 2. The Zoning Map of the City of Buda, Texas is hereby amended to establish the zoning classification as set forth above. Section 3. All ordinances, parts of ordinances, or resolutions in conflict herewith are expressly repealed.

186

Section 4. If any clause or provision of this Ordinance shall be deemed to be unenforceable for any reason, such unenforceable clause or provision shall be severed from the remaining portion of the Ordinance, which shall continue to have full force and effect. Section 5. Effective Date. Pursuant to Section 3.11(D) of the City Charter, this ordinance is effective upon adoption, except that every ordinance imposing any penalty, fine or forfeiture shall become effective only after having been published once in its entirety, or a caption that summarizes the purpose of the ordinance and the penalty for violating the ordinance in a newspaper designated as the official newspaper of the City. An ordinance required by the Charter to be published shall take effect when the publication requirement is satisfied. PASSED, APPROVED AND ADOPTED on by an affirmative vote of the City Council of the City of Buda, this ___ day of __________, 2018.

APPROVED: __________________________ George Haehn, Mayor ATTEST: __________________________ Alicia Ramirez, City Secretary

187

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R17320R23125

R70651R70644

R17319

R70643

R70640R70639 R70641

R32748

R32749

R14421

R17313R17314

R132338

R70649

R70652R70646

R70647

R147902R147903

R70655R70656R70657R70658

R14423

R14423

R14423R14423

R70645

R23126R70648 R70650

R70653R70659R137836

R70654

R23123

R13030

R70642R23127R23124

F 0 200100Feet

400' RadiusSubject PropertyParcelBuda City Limits

Z-18-01 Location MapZ-18-01 Location Map

City of Buda GISMap Date: 5/1/2018

189

Adopted October 2, 2017

42 | Section 2. Zoning Regulations

2.06.05. Use Chart

Agr

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Residential Uses

Community Home or Group Home P-1 P-1 P-1 P-1 P-1 P-1 P-1 1 : bedroom

Dwelling, Accessory P-2 P-2 S-2 S-2 S-2 S-2 P P P P P P 1 : unit

Dwelling, Multi-Family (Apartment) P P P P Studio | 1 : unit

1-2 BR | 2 : unit

3+ BR | 0.5 : add’l BR over 2

Guest | 1 : 10 units

Dwelling, Multi-Family (3-Plex/4-Plex) P P P P P P P

Dwelling, Single Family (Attached – Duplex) P P P P P S P 2 : dwelling

Dwelling, Single Family (Attached – Townhouse) P P P P P P P 2 : dwelling

Dwelling, Single Family (Detached) P P P P P P P P P 2 : dwelling

Dwelling, Single Family (Patio Home) P P P P P 2 : dwelling

Halfway House P-3 P-3 P-3 P-3 P-3 P-3 P-3 1 : bedroom

Innovative Residential Development P-4 P-4 P-4 P-4 P-4 P-4 P-4 P-4 P-4 P-4 P-4 Based on dwelling type

Manufactured Home P-5 2 : dwelling

Modular Home P-6 P-6 P-6 P-6 P-6 P-6 P-6 P-6 P-6 P-6 2 : dwelling

Short-Term Residential Rental P-7 P-7 P-7 P-7 P-7 P-7 P-7 P-7 P-7 P-7 P-7 P-7 Based on dwelling type

Nonresidential Uses

Adult Day Services Center S S S P P S S S 1 : 2 guests

Adult Entertainment P-8 1 : 300

Agricultural Use P-10 P-10 P-10 P-10 P-10 P-10 P-10 P-10 P-10 P-10 P-10 P-10 P-10 P-10 P-10 P-10 P-10 P-10 P-10 1 : 1,000 of enclosed areas

Ambulance Service P P 1 : 400

Amusement, Commercial (Indoors) S S P P S S S 1 : 300

Amusement, Commercial (Outdoors) S S S S S S 1 : 3 patrons

Animal Shelter or Pet Boarding (with Outside Yard/Kennels)

S S S S 1 : 400

Animal Shelter or Pet Boarding (without Outside Yard/Kennels)

S S S S P P P P S S S 1 : 400

Animal Veterinary Office or Grooming (with Outside Yard/Kennels)

S S S 1 : 400

Animal Veterinary Office or Grooming (without Outside Yard/Kennels)

S S S P P P P S S S S S 1 : 400

Antique Shop P P P P P P P P 1 : 300

Art Gallery or Museum P P P P P P P P 1 : 300

Artisan’s Studio P P P P P S P P P P 1 : 300

Assisted Living/Nursing Home P P S P P P P P 1 : 2 beds 190

Adopted October 2, 2017

Subsection 2.06. Zoning Use Regulations | 43

Agr

icu

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ral (

AG

) D

istr

ict

Esta

te R

esid

enti

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R-1

) D

istr

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Sub

urb

an R

esid

enti

al (

R-2

)

Dis

tric

t

On

e &

Tw

o F

amily

Res

iden

tial

(R

-3)

Dis

tric

t

Tran

siti

on

al R

esid

enti

al (

R-4

) D

istr

ict

Urb

an R

esid

enti

al (

R-5

)

Dis

tric

t

Man

ufa

ctu

red

Ho

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ng

(R-

MH

) D

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ict

Nei

ghb

orh

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d B

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nes

s (B

-1

) D

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Art

eria

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sin

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(B-2

) D

istr

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Inte

rsta

te-3

5 B

usi

nes

s (B

-3)

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tric

t

Ligh

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du

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al (

LI)

Dis

tric

t

Hea

vy In

du

stri

al (

HI)

Dis

tric

t

Form

Dis

tric

t 1

(F1

)

Form

Dis

tric

t 3

(F3

)

Form

Dis

tric

t 3

H (

F3H

)

Form

Dis

tric

t 4

(F4

)

Form

Dis

tric

t 4

H (

F4H

)

Form

Dis

tric

t 5

(F5

)

Form

Dis

tric

t 5

H (

F5H

)

Par

kin

g R

equ

irem

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(sp

aces

: in

crem

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Automobile or Other Motorized Vehicle Sales S P 1 : 750

Automobile Parts Store S P P P P P P P 1 : 300

Automobile Service Garage (Major) S P P 3 : service bay

Automobile Service Garage (Minor) P P P P P 3 : service bay

Bank or Financial Institution S-11 P P S-11 S-11 S-11 S-11 S-11 1 : 300

Banquet Hall, Reception Facility, Wedding Chapel, or Other Special Events Center

S S S P P S S S S S S Non-Fixed Seats | 1 : 150 or

Fixed Seats | 1 : 4 seats

Bar/Tavern (≥75% Sales from Alcohol) P-12 1 : 200

Barber or Beauty Shop S S S P P P P P S P P P P 1 : 400

Bed & Breakfast Inn S S S S S S P P P S P S P P S S Residential requirement +

1 : guest room

Brewery, Macro S-9 P-9

Office | 1 : 400

Brewing | 1 : 1,000

Tasting Room | 1 : 200

Brewery, Micro S-9 S-9 S-9 S-9 P-9 P-9 S-9 S-9 S-9 S-9

Office | 1 : 400

Brewing | 1 : 1,000

Tasting Room | 1 : 200

Building Material Sales S S P Retail/Office | 1 : 300

Outdoor Storage | 1 : 2,000

Car Wash, Full Service P P Wash bays + 5 queue spaces

Car Wash, Self Service S P Wash bays + 2 queue spaces

Carpentry Shop P P 1 : 400

Catering Service S P P P 1 : 400

Ceramic, Pottery, or Glass Studio S S S P P S S S S Retail/Office | 1 : 400

Warehouse | 1 : 1,000

Child Care Home (≤6 Children) P P P S S S P P P S S S S Based on dwelling type

Child Care Home (6+ Children) S S S S S S Based on dwelling type

Child Care Facility (Daycare) S S S P P P S S S S S S 1 : 400 + 1 : employee

Child Care Facility (Children’s Home) S S S S S 1 : 7 children

Church or Other Place of Worship, including Parsonage/Rectory

P P P P P P P P P P P P P P P P P P P Non-Fixed Seats | 1 : 150 or

Fixed Seats | 1 : 4 seats

College or University S P P P P S S S 1 : 3 students +

1 : classroom

Contractors Yard or Storage Yard S P 1 : 1,000 GFA

Dance Hall, Night Club, or Live Music Venue, Indoors S S S S S S 1 : 300

Dance Hall, Night Club, or Live Music Venue, Outdoors S S S S S S S S 1 : 300 of assembly area

191

Adopted October 2, 2017

44 | Section 2. Zoning Regulations

Agr

icu

ltu

ral (

AG

) D

istr

ict

Esta

te R

esid

enti

al (

R-1

) D

istr

ict

Sub

urb

an R

esid

enti

al (

R-2

)

Dis

tric

t

On

e &

Tw

o F

amily

Res

iden

tial

(R

-3)

Dis

tric

t

Tran

siti

on

al R

esid

enti

al (

R-4

) D

istr

ict

Urb

an R

esid

enti

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R-5

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Dis

tric

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Man

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red

Ho

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(R-

MH

) D

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Nei

ghb

orh

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-1

) D

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Art

eria

l Bu

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(B-2

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Inte

rsta

te-3

5 B

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nes

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-3)

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Ligh

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LI)

Dis

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t

Hea

vy In

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stri

al (

HI)

Dis

tric

t

Form

Dis

tric

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(F1

)

Form

Dis

tric

t 3

(F3

)

Form

Dis

tric

t 3

H (

F3H

)

Form

Dis

tric

t 4

(F4

)

Form

Dis

tric

t 4

H (

F4H

)

Form

Dis

tric

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(F5

)

Form

Dis

tric

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H (

F5H

)

Par

kin

g R

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(sp

aces

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crem

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Dance, Music, or Drama Studio S S S P P P P S P S P P 1 : 400

Distillery, Macro S-9 P-9 P-9 Office | 1 : 400

Distilling | 1 : 1,000

Distillery, Micro S-9 S-9 P-9 P-9 S-9 S-9 S-9 S-9 Office | 1 : 400

Distilling | 1 : 1,000

Donation or Recycling Collection Point P-13 P-13 P-13 P-13 P-13 P-13 P-13 N/A

Electrical Power Substation P P P P P P P P P P P P P P P P P P P N/A

Equipment Sales S P 1 : 500 of building

Farmer’s Market P S S S S S S S S S S S P S S S S S S N/A

Feed Store S S P 1 : 300

Fix-It Shop, Bicycle Repair, Blade Sharpening, Small Engine Repair

S P P P P P P P 1 : 400

Food Truck Park S-14 S-14 S-14 S-14 S-14 S-14 S-14 S-14 S-14 N/A

Fuel Pumps (Accessory Use) S-15 P-15 P-15 P-15 P-15 S-15 S-15 S-15 N/A

Furniture Repair and Upholstering Shop S P P P P P P P 1 : 400

Gasoline Filling or Service Station/Car Wash P-15 P-15 P-15 P-15 P-15 P-15 P-15 Fueling bay spaces +

Grocery, Convenience Store requirement

Grocery, Convenience Store S S S P P P P S S S S S S 1 : 300

Grocery, Market P P P P P P S S S S S 1 : 300

Grocery, Supermarket P P P P P 1 : 200

Gym or Health/Fitness Center P P P P P P P 1 : 300

Heavy Industrial or Manufacturing Operations P-16 Office | 1 : 400

Warehouse | 1 : 1,000

Heliport or Helistop S-17 S-17 S-17 S-17 5 spaces for commercial

pads

Home-Based Business P-18 P-18 P-18 P-18 P-18 P-18 P-18 P-18 P-18 P-18 P-18 P-18 P-18 P-18 P-18 P-18 P-18 N/A

Hospital, Acute Care P P P 1.5 : bed

Hospital, Chronic Care P P P P 1.5 : bed

Hotel, Full Service S P P P S P S

1.1 : guest room +

1 : 8 seats for meeting room/restaurant

Hotel, Limited Service S S S S S S 1.1 : guest room

Hotel, Select Service S S P S S S S

1.1 : guest room +

1 : 8 seats for meeting room/restaurant

192

Adopted October 2, 2017

Subsection 2.06. Zoning Use Regulations | 45

Agr

icu

ltu

ral (

AG

) D

istr

ict

Esta

te R

esid

enti

al (

R-1

) D

istr

ict

Sub

urb

an R

esid

enti

al (

R-2

)

Dis

tric

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On

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Tw

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Res

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(R

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Dis

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Tran

siti

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Urb

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Dis

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Hea

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HI)

Dis

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Dis

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(F1

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Dis

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(F3

)

Form

Dis

tric

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H (

F3H

)

Form

Dis

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(F4

)

Form

Dis

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H (

F4H

)

Form

Dis

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(F5

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Form

Dis

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F5H

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Par

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Institution for the Care of Alcoholic, Psychiatric, or Narcotic Patients

S P 1 : 2 patients

Laundry, Commercial P P 1 : 800

Laundry, Dry Cleaning Drop-Off/Pick-Up P P P P S P P 1 : 400

Laundry, Self-Service S P P P S P P 1 : 400

Library P P P P P P P P P P P P P P P P P P P 1 : 500

Light Industrial and Assembly Processes S P P Office | 1 : 400

Warehouse | 1 : 1,000

Liquor Store P-12 P-12 1 : 300

Medical Clinic P P P P P P P P P 1 : 400

Mixed Use P-19 P-19 P-19 P-19 P-19 P P P P P Based on use type

Movie Theatre or Cinema S P P P S S S S 1 : 4 seats

Nondepository Financial Institution/Payday Lending Establishment

P-20 P-20 P-20 P-20 P-20 1 : 400

Office, Professional, Medical, or Business P P P P P S P S P P 1 : 400

Outside Display P-21 P-21 P-21 P-21 P-21 P-21 N/A

Outside Storage S-22 S-22 S-22 S-22 1 : 2,000 of Outside Storage

Park, Playground, or Community Center, Public P P P P P P P P P P P P P P P P P P P N/A

Parking Area, Public S S S S S S S S S S S N/A

Parking Structure S S S S S S S P S S S S S N/A

Pawn Shop P P 1 : 300

Plumbing or Heating/Cooling Store P P 1 : 400

Police, Fire, or Emergency Medical Services Station P P P P P P P P P P P P P P P P P P P N/A

Portable Building Sales S P 1 : 500 of building

Printing Press/Duplication Shop or Mailing Center S P P P P S S S S 1 : 400

Prisons or Detention Facilities S S 1 : employee +

1 : 15 cells

Public Facilities for Local, State, or Federal Government

P P P P P P P P P P P P P P P P P P P N/A

Radio or TV Station S P P P 1 : 400

Recreational Vehicle (RV) Park S 0.5 : RV bay

Research and Development Laboratory (Life Sciences) P P S S S S 1 : 500

Research and Development Laboratory (Technology) P P P P S S S S 1 : 500

Restaurant or Cafeteria, with Curb or Drive-Thru Service

S-12 S-12 P-12 P-12 S-12 S-12 1 : 200

193

Adopted October 2, 2017

46 | Section 2. Zoning Regulations

Agr

icu

ltu

ral (

AG

) D

istr

ict

Esta

te R

esid

enti

al (

R-1

) D

istr

ict

Sub

urb

an R

esid

enti

al (

R-2

)

Dis

tric

t

On

e &

Tw

o F

amily

Res

iden

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(R

-3)

Dis

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t

Tran

siti

on

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esid

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R-4

) D

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Urb

an R

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R-5

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Dis

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Man

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Ho

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(R-

MH

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Nei

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-1

) D

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Art

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(B-2

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Inte

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-3)

Dis

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Ligh

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LI)

Dis

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Hea

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HI)

Dis

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Dis

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(F1

)

Form

Dis

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(F3

)

Form

Dis

tric

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H (

F3H

)

Form

Dis

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t 4

(F4

)

Form

Dis

tric

t 4

H (

F4H

)

Form

Dis

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(F5

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Form

Dis

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F5H

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Par

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Restaurant or Cafeteria, without Curb or Drive-Thru Service

P-12 P-12 P-12 P-12 S-12 P-12 S-12 P-12 P-12 1 : 200

Retail Store, Big Box S P 1 : 300

Retail Store, Shop P P P P P P P P 1 : 300

Rodeo S Non-Fixed Seats | 1 : 300 or

Fixed Seats | 1 : 4 seats

School, Career S P P P P P P P 1 : 3 students +

1 : classroom

School, Private or Public P P P P P P P P P P P P P P P P P P P Ele./Middle | 2 : classroom

Senior High | 8 : classroom

Seamstress or Tailor Shop P P P P S P S P P 1 : 400

Seasonal Sales S S S S S N/A

Shoe Repair Shop P P P P P P P P P 1 : 400

Shooting Range, Indoor P P P 2 : shooting lane

Shooting Range, Outdoor S S 2 : shooting lane

Stable, Boarding S S S 1 : 2 stalls

Stable, Commercial S S S 1 : 2,000 of site area

Stadium or Play Field (with lighting) S S S S S S S S S S S S S S S S S S S N/A

Stadium or Play Field (without lighting) P P P P P P P P P P P P P P P P P P P N/A

Storage Units, Mini S S P 1 : 40 units

Tattoo Studio P P S S S S 1 : 400

Taxi Garage or Dispatch P P P S S S 1 : 400

Telephone Exchange (No Offices or Storage Facilities) P P P P P P P P P P P P P P P P P P P N/A

Temporary Building P-23 P-23 P-23 P-23 P-23 P-23 P-23 P-23 P-23 P-23 P-23 P-23 P-23 P-23 P-23 P-23 P-23 P-23 P-23 1 : 1,000

Warehouse P P Office | 1 : 400

Warehouse | 1 : 1,000

Wholesale Center S P Office | 1 : 400

Warehouse | 1 : 1,000

Winery, Macro S-9 P-9 P-9

Office | 1 : 400

Winery | 1 : 1,000

Tasting Room | 1 : 200

Winery, Micro S-9 S-9 P-9 P-9 S-9 S-9 S-9 S-9

Office | 1 : 400

Winery | 1 : 1,000

Tasting Room | 1 : 200

Woodworking and Planing Mill P 1 : 1,000

Wrecking or Auto Salvage Yard P Office | 1 : 400

Yard | 1 : 2,000

194

191BUDA 2030 COMPREHENSIVE PLANpreserving our heritage | sustaining our future

FUTU

RE LAN

D D

EVELO

PMEN

T PLAN

FUTURE LAND DEVELOPMENT PLAN FOR BUDAThe Future Land Development Plan (FLDP) provides a map indicating future land development preferences and guidance to City staff, elected offi cials, the public, and private developers on why and how land should be developed and used for certain areas of the community.

So how do the Vision, Guiding Values, and Goals of Buda 2030 infl uence the way Buda is developed? That’s what the FLDP works to accomplish. While the City of Buda can act, encourage, and make decisions about how it operates and the programs it provides, it has limited capacity to infl uence the private development community. The primary tool the City has to directly infl uence how Buda grows is through development regulations. The FLDP makes the leap from protecting character, environment, connectivity, livability, identity, culture, and so on to having that refl ected in the built environment.

The Future Land Development Plan does not constitute zoning regulations or establish zoning district boundaries. The FLDP is intended to provide guidance for making decisions on zoning regulations and zoning district boundaries.

How is the FLDP formed?The FLDP is different from the typical future land use plans/maps in that it is not based on use. Use-based land use planning tends to create isolated uses with little or no compatibility with the surrounding community, creating a segregated and disconnected pattern of development. This goes against every goal of Buda 2030 and of the Buda community.

Rather, the FLDP focuses on the attributes of different areas of Buda and lets that be the driving factor in how land is developed rather than how it is used. This results in a “character district” approach where existing conditions and environmental factors infl uence the appropriate development patterns and types, and sometimes uses for different areas of the city. This approach better relates the goals and guiding values of Buda 2030 to land use by involving urban design, compatibility standards, and connectivity.

So, what happened to use?Use hasn’t been dropped from the FLDP. Rather, development character or patterns are emphasized over use. So why is use not emphasized as much in the FLDP? Use is de-emphasized because in many cases it’s not as important as the character of development.

Buda 2030 uses a character district method to encourage a greater mixture of compatible uses in proximity to each other, but developed in a manner that enhances the overall community of Buda. Within these districts, Buda 2030 has identifi ed potentially compatible and incompatible land uses. For example, in the industrial area, business parks and related developments are compatible with industrial uses, but residential is not. Likewise, in mixed use districts, restaurants, coffee shops and professional offi ces may all mix with apartments and townhomes.

What are the components of the FLDP?The FLDP is comprised of three primary components:

General Land Development Policies refl ect the Guiding Values that were developed through public input and that represent the goals of the community (see Chapter 4). These are general statements meant to guide decisions in all areas of the city and to promote the overall vision of Buda.

The entire planning area is divided into one of six Character Districts. These districts are based on the existing environmental characteristics and existing use of the land.

Overlaying these Character Districts are fi ve types of Mixed Use Nodes. The type and location of each node is based on the Character District, the surrounding development. These nodes differ primarily in density, but also somewhat in appropriate uses within the nodes.

195

192 BUDA 2030 COMPREHENSIVE PLANpreserving our heritage | sustaining our future

FUTU

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AN

D D

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OPM

ENT

PLA

N |

gen

eral

land

deve

lopm

ent p

olici

es GENERAL LAND DEVELOPMENT POLICIESGeneral land development policies are general statements that refl ect the Vision, Guiding Values, Goals, Objectives, and Actions of Buda 2030. They apply to all land development decisions, regardless of what Character District or Mixed Use Node the property is located. They are intended to provide general guidance on decisions related to land development.

Growth Management1. New developments must be compatible with existing

development and community character.

2. New development must maintain the small-town character, look, and feel of Buda.

3. Construct infrastructure in appropriate corridors and growth areas as identifi ed in Buda 2030.

4. New development must occur in a fi scally responsible manner.

5. Direct development within the existing incorporated area and where infrastructure already exists.

Environmental Protection1. Preserve and protect creeks, rivers, waterways, and fl oodplains.

2. Preserve and protect the quality of surface water and ground water resources and other hydrologically-active areas.

3. Cooperate with area governmental entities to ensure suffi cient water quantity and quality.

4. Seek public acquisition of open space or develop conservation development options for areas of environmental sensitivity.

5. Preserve and protect air quality.

6. Protect agricultural and ranch lands. Work with land owners who are interested in conservation easements or transfer of development rights.

7. Promote and incentivize water conservation practices.

8. Promote dense, cluster development in order to protect natural features.

Economic Development1. Seize economic opportunity along IH 35 and along major

arterials.

2. Promote quality development that is compatible with neighboring areas.

3. Promote development that is consistent with community character.

4. Enhance downtown as economic development component for area residents and visitors.

5. Promote economic development consistent with other goals, objectives, and land use policies.

6. Promote sustainable and effi cient business practices.

7. Promote businesses that diversify the Buda economy.

Housing1. Provide housing options for all stages of life and all

income levels within Buda.

2. Improve existing housing stock.

3. Ensure safe housing construction.

4. Ensure housing is compatible with existing neighborhoods and land uses.

5. Promote sustainable and effi cient housing developments.

Parks and Recreation1. Connect existing and future parks.

2. Ensure maintenance and safety of parks and recreation resources

3. Provide open space, parkland, trails, and recreation opportunities in proximity to the maximum number of residents possible.

4. Use linear open space along creeks and fl oodplains for trails as a way to provide connectivity throughout Buda.

196

193BUDA 2030 COMPREHENSIVE PLANpreserving our heritage | sustaining our future

FUTU

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| general land development policies

Transportation1. The design of streets should refl ect the character of the

community and surrounding environment.

2. Provide more east-west connectivity.

3. Reduce truck traffi c through downtown and encourage alternative routes south of downtown.

4. Provide for safe and ample pedestrian connectivity throughout new and /or existing developments.

5. Provide for safe options in travel, including walking, bicycling, automobile, and mass transit.

6. Improve access across and under IH 35.

7. Ensure that streets and thoroughfare networks are designed with a focus on interconnectivity to provide ample, safe, and appropriately-scaled access throughout and between neighborhoods and to commercial areas.

8. Ensure that appropriate levels of parking are provided for commercial, offi ce, and retail developments in a way that does not deter ease of pedestrian access or compromise the character of the development and surrounding area. Don’t “overpark” if not necessary.

9. Utilize safe and integrated access management.

Urban Design1. Encourage and provide incentives for mixing land uses.

2. Establish neighborhoods as the primary organizing element, each including civic spaces, access to commercial districts, connectivity, and a variety of housing densities and types.

3. Develop compatibility standards for adjoining land uses (e.g., transition zones).

4. Develop streetscape design criteria to ensure safe and desirable pedestrian access and community attractiveness.

5. Utilize design criteria to regulate physical and aesthetic characteristics of the built environment to emphasize the visual integrity of the community.

6. Signage should not detract from the visual integrity of the community.

7. Lighting associated with signs, parking lots, or any development should not pose a safety, environmental, or aesthetic concern, particularly as it relates to the impact on existing or new residential development.

8. Neighborhoods should be designed with a high level of connectivity to provide options in transportation routes as well as promote alternative choices in modes of transportation such as walking or bicycling.

Civic Facilities1. Civic buildings and spaces should be given accessible,

prominent sites.

2. Schools - particularly elementary schools - should be the physical and social center of a neighborhood or group of neighborhoods and located within safe and easy walking distance from the maximum number of dwelling units possible.

3. Civic facilities should be accessible to the public.

Historic Preservation1. Preserve and enhance historic areas throughout the city.

2. Preserve the community character.

3. Use history to promote tourism and economic development.

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194 BUDA 2030 COMPREHENSIVE PLANpreserving our heritage | sustaining our future

198

195BUDA 2030 COMPREHENSIVE PLANpreserving our heritage | sustaining our future

FUTU

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D D

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PMEN

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| character districtsCHARACTER DISTRICTS

The following Character Districts provide specifi c principles of development patterns, urban design, and planning that supplement the General Land Use Policies. Every tract of land within the study area falls within a unique character district because of various cultural, environmental, land use, or infrastructure issues. Specifi c principles have been applied that refl ect the unique qualities of each district and protect and enhance their attributes. Six Character Districts have been identifi ed.

Green Growth DistrictThe goal of the Green Growth District is to balance growth and transportation pressures while protecting the environmental assets and maintaining the natural character of the district.

The Green Growth District is characterized primarily by the environmental sensitivity and natural features of this area. Large heritage trees dot the landscape, and Onion Creek and Garlic Creek meander through the district, carving hills and texture into the land and creating view points and vistas. Signifi cant portions of the district fall within the Edwards Aquifer Recharge and Transition Zones, and development and activity in these areas can impact water quality.

Development has historically been low-density and rural in character, with homes on very large lots. In recent years, agricultural land has transitioned into mid to high-priced single-family subdivisions on smaller lots, with prices refl ecting the challenge of developing in this district. The shallow Edwards Limestone formations make this area highly vulnerable to subsurface contamination from aggressive development and faulty sewer lines or on-site septic systems.

There is currently limited access to this part of Buda, with most traffi c coming from IH 35 and using one of two east/west arterials. These arterials are at capacity and no longer

In a conservation, or cluster, subdivision, development is clustered in order to preserve land.Image Sources: archone., http://archone.tamu.edu/college/news/newsletters/spring2008/stories/tabbSerenbe.html;

www.photobucket.com / danni123j

New developments should conform to the character of existing development.Image Sources: JSW/D Architects, William Helsel; Halff Associates, Inc.

Environmental and cultural resources of this area need to be protected.Image Sources: Halff Associates, Inc.

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tssuffi cient to carry the traffi c as they are currently designed. FM 1626 is emerging as a major gateway into Buda. As improvements to this roadway north toward Austin occur, it will only become more of a gateway.

Purpose The purpose of the Green Growth District is to establish protective measures for these environmental features and to protect the City’s drinking water supply. Development in this district should refl ect the goal of environmental protection. Cluster developments should be heavily encouraged, or possibly mandated in this district. Floodplains of Onion and Garlic Creek and their tributaries should be protected in perpetuity from development.

Appropriate Uses and Development TypesThe primary concern in the Green Growth District is the environmental impact of land uses and the pattern of development. Most land uses are permitted in this district, with the exception of those that could negatively impact the environment, such as manufacturing or other heavy industrial.

Environmental protection mechanisms will be instrumental for new developments in this district. Cluster developments should be heavily encouraged, or possibly mandated in this district. Allowing density bonuses in conjunction with cluster developments is appropriate for this area and will encourage use of the zoning district. Floodplains of Onion and Garlic Creeks and their tributaries should be protected in perpetuity from development. These will also create opportunities to develop trails and promote connectivity. Remaining agricultural uses should be supported. Explore community supported agriculture opportunities in this district.

New developments and roadway improvements should refl ect the rural character that is already established by existing and recent developments. The scale and design of commercial and mixed use developments should be sensitive to the rural skyline. High density residential uses should focus on clustering the footprint, rather than adding to height. Existing natural features such as trees, greenbelts,

and creeks should be protected when sites are developed to the fullest extent possible.

As mentioned, the arterials west of IH 35 are in need of redesign to increase capacity (such as FM 967). When TXDOT, Hays County, and the City of Buda move forward on these efforts signifi cant attention needs to be given to how these roadway improvements will affect the character of this area. Creative design such as context sensitive solutions and complete streets need to be considered in the design of future road widening in this district so as to minimize the impact on the character of this area while also enhancing the level of transportation services.

Emerging Growth DistrictThe goal of the Emerging Growth District is to avoid typical sprawl by planning for residential growth while maintaining a sense of community, and also providing for the needs of new residents for retail and service uses, park and recreation opportunities, and pedestrian and bicycle access.

Growth east of IH 35 is a relatively new phenomenon for Buda. In 2002, only 107 acres of this district was in the Buda corporate limits (7.5% of the then incorporated city limits), and in 2010, 12.1% of the incorporated city limits is east of IH 35. This portion of the study area is rapidly being platted for development, and with new development comes the opportunity for the City to shape that new development.

Much of this land is agricultural land transitioning into residential subdivisions. There are fewer environmental concerns. Rather, the more pressing concern is the fast pace of development in this district and the fl eeting opportunity to infl uence it.

IH 35 has the potential to be a physical barrier between the

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| character districtsolder areas of Buda and this newly growing area. Already, residents in this area feel disconnected from the City and the rest of the community.

The City also has the opportunity to infl uence the transportation network in this area of the city. Turnersville Road has the potential to become a major gateway into this portion of the city, with access from SH 45 and SH 130. As is applicable to the community at large, provide a transportation system that enables choices in modes of transportation and that refl ects and enhances a sense of quality.

Purpose The purpose of the Emerging Growth District is to plan for residential growth in a way that promotes community and a strong sense of place and identity. Development should provide for the needs of new residents, such as retail and service uses, civic needs, parks and recreation opportunities. Access should incorporate needs for pedestrians and bicyclists to give residents choices in how they get around.

Appropriate Uses and Development TypesThe primary concern in the Emerging Growth District is the ease of development in this district and the potential for rapid and rampant development which may not promote the goals and desires of the community. Take advantage of the “clean slate” of undeveloped and unhindered landscape to infl uence development patterns. The extensive development potential of this district gives the City the opportunity to infl uence the design and pattern of development. Residential development has followed typical sprawl design. Since much of this district is still outside of the Buda corporate limits, the city has limited regulatory power to infl uence development patterns. However, it can use the power of persuasion to infl uence development.

New multifamily apartments in the Emerging Growth District.Image Sources: Halff Associates, Inc.

New development is aggressive in this area.

The new Sunfi eld subdivision will add nearly 10,000 new homes.

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tsStrongly encourage a more varied mix of housing types in this district, mixing multifamily, townhomes, garden homes, apartments, and single-family housing types within neighborhoods. While there are fewer environmental concerns in this district, that should not prevent efforts to provide open space and recreational opportunities and connectivity via plazas and linear greenbelts.

Residential amenities and services should be located within easy and safe walking distance from residential units. Allow the appropriate mix and proximity of neighborhood-scale retail and offi ce uses with residential uses. The maximum number of residential units should be located within a quarter-mile of parks, trails, and open space amenities, with a goal of 100% of the units. Neighborhood design should promote walking and bicycling by residents within and between neighborhoods. Schools - particularly elementary schools - should be the physical and social center of a neighborhood or group of neighborhoods, being easily accessible and available to the maximum number of residents possible.

Agricultural uses should be protected where appropriate. Community supported agriculture programs and gardens will help build a strong community and social network in this area of Buda.

With easy access to SH 45 and SH 130, certain low-scale and low-intensity distribution and manufacturing industries may be appropriate in some locations - particularly where the Emerging Growth District meets the Business Growth District. Where these types of businesses are brought forward, signifi cant attention must be given to the compatibility of these businesses with the residential character of the Emerging Growth District, as well as how these developments impact, relate to, and transition into the residential areas.

When designed and scaled properly, various housing types and uses can be developed in proximity to one another.Image Source: Halff Associates, Inc.

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| character districtsIndustrial Employment DistrictThe goal of the Industrial Employment District is to provide the needed services and facilities to enable major industrial activity in Buda while being sensitive to future land uses.

Heavy industrial use is the dominant use in this district. The industrial companies own much of the land in this district, so this activity is expected to continue for a long time into the future. Special infrastructure accommodations are necessary in this district, including access for 18-wheel trucks and suffi cient water and wastewater infrastructure to support operations.

Much of this district is located over the Edwards Aquifer, requiring conservation practices and mechanisms to protect the natural features and water quality of this area.

Purpose The purpose of the Industrial Employment District is to provide a space for the mining industry that is typically incompatible with many other uses, yet contributes signifi cantly to the local economy. Appropriate public infrastructure should be installed to support these businesses, yet the businesses should practice in a way that has minimal impact on the environment and that is sensitive to future land uses once these industries are retired.

Appropriate Uses and Development TypesWhile these types of manufacturing uses have signifi cant incompatibility issues with many other uses, they are major employers in the Buda area, signifi cantly contributing to the tax base and economy of Buda. Given this, these businesses should be supported as long as they contribute to the local economy. To avoid confl icts with other uses, avoid mixing incompatible land uses such as residential uses near these businesses.

Signifi cant attention should be given to how this district interacts with surrounding Character Districts, focusing on transition zones at the edges of this district. Landscaped buffer zones will be appropriate in this district to both buffer the visibility of these uses, but also the noise they generate. There are some uses that may be appropriate in this district, such as other manufacturing, distribution, or industrial uses, and some commercial uses that support these business types. Compatibility standards will need to be established between these uses to mitigate confl icts in land use.

The dominant use in this area is industrial, which is incompatible with many other uses.Image Source: Halff Associates, Inc.

Enhance the look of business and industrial park developments to enhance the aesthetics of this district.Image Source: www.tascoconstruction.com; Spillman Farmer Architects

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tsBecause parts of this district are over the Edwards Aquifer, environmental protection mechanisms and practices will need to be used to regulate the environmental impact of these industries. In particular, water treatment and discharge should be carefully monitored to not contaminate surface or ground water sources. Encourage and support efforts by these industries to use practices that go beyond the state and federal standards for environmental protection and water quality.

Transportation needs for these industrial activities include a signifi cant level of heavy truck traffi c that will need to connect with IH 35 as directly as possible. It is also important to avoid channeling this traffi c through urban residential and retail areas to the north. New east-west roadway alignments are under construction or in planning phases to complete this bypass for trucks.

Business Growth DistrictThe goal of the Business Growth District is to identify opportunities for business growth and expansion in Buda. Plan and regulate development in this district to maximize compatibility among different land uses.

Land in this area is currently agriculture, but transitioning into urban development. It is part of the Sunfi eld master plan and designated for commercial, business, and research park uses. These are appropriate uses for this property as it has easy access to both IH 35 as well as SH 45. Given its proximate location to these transportation corridors, it is a prime location for economic development and business attraction to Buda.

Some of this study area is also located within Austin’s ETJ. Given Austin’s goals to focus growth over a small footprint, the City of Austin may be willing to work with Buda to transfer this area that is far from their core to Buda’s jurisdiction.

Develop high quality offi ce buildings and business parks that respects the natural environment and promotes goals of Buda 2030.Image Source: Halff Associates, Inc; C/S Corporate, www.c-sgroup.com

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| character districtsPurpose The purpose of this district is to capitalize on the opportunities for economic and business development given this district’s accessibility location to major transportation corridors.

Appropriate Uses and Development TypesEfforts for this district should focus on developing it as an employment center for Buda, mixing various uses within proximity to one another. Given the lack of existing development, the impact of new developments will be less intrusive, giving property owners and the City the opportunity to increase density.

Mixing jobs, housing, commercial, and civic uses will enable residents of this district to live, work, shop, and play all in this part of Buda. Attract research and development companies, higher education institutions, and services for small or local business development to locate their offi ces in this district.

Strong connectivity of the transportation network, including streets and paths, will enable people to easily access each destination without the need for vehicles. Access to SH 45 and IH 35 should be enhanced, yet still incorporate complete street and context sensitive solution principles in the design of streets.

Carefully identify compatible uses for adjacent and mixed use developments within an area. Compatibility standards and transition areas will need to be established between uses that may encounter confl icts. Use form-based development regulations for these areas to address these transition areas. For businesses requiring truck traffi c, utilize transportation regulations to minimize the impacts of this traffi c on less intense uses, as truck routes or no-truck zones.

As is applicable to all areas of Buda, continue to incorporate the environmental features of the land into developments and encourage sustainable practices such as natural resource protection, water conservation, and low energy consumption.

Mix uses to allow residents to live, work, play, and shop all in this area of Buda.Image Source: Halff Associates, Inc.

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tsHeritage DistrictThe goal of the Heritage District is to preserve the historic heritage of this district while also allowing it to grow and remain a vibrant neighborhood of the Buda community.

This district includes the original town of Buda (Old Town) and other early neighborhoods of the City that were developed before the more recent period of growth Buda has been experiencing. This district encompasses historic areas and scenic roadways, and low density residences and commercial buildings.

These neighborhoods are sensitive to this recent boom in growth, fearing the increase in congestion, increased density, and changing development types will negatively impact their neighborhoods. Any future development within this district must be carefully and thoughtfully planned and designed in order to be compatible with the existing uses and building form.

As the Interstate Corridor has grown, connectivity and transition zones between the Heritage District and the Interstate Corridor have not been emphasized. These neighborhoods do not connect well to the new developments, and large set backs or buffer areas were used rather than using transition zones where incompatible uses are adjacent.

The Heritage District has seen a signifi cant increase in traffi c with areas to the west growing. Main Street, FM 967, and FM 2770 are the only east-west connectors, all of which converge in downtown and come through this district. Also, many streets in this area were built before sidewalk requirements were included in the UDC, and with increasing traffi c this is problematic for pedestrians and bicyclists.

Moreover, as growth has occurred on the edges of Buda and surrounding area, the district is faced with latent economic activity and a need for revitalization, especially in downtown, but also along the commercial corridors spurring out of the central business district.

Purpose The purpose of this district is to provide a growth-friendly environment that does not negatively impact the existing and historic parts of Buda.

Appropriate Uses and Development TypesOvertime, the Heritage District has come to accommodate a range of uses, including different residential types mixed with a variety of offi ce, retail, and light industrial activities. These uses have found ways to co-mingle, highlighting the ability of new growth areas to relate to the Heritage District.

Preserve character of residential areas in Old Town Buda.Image Source: Halff Associates, Inc.

Main Street is an important commercial corridor in the Heritage area.Image Source: Halff Associates, Inc.

Improve the economic vitality of downtown Buda.

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| character districtsTherefore, the primary concern in this district is establishing clear and predictable compatibility standards that encourage new developments but that compliment the character of the Heritage District. Bulk, height, area, building materials, setbacks, and overall appearance of buildings and spaces should be considered for new developments and redevelopments.

Transition and connectivity must also be emphasized in this district, especially as it relates to the surrounding districts as well as internally to the area. Commit funding and identify opportunities to make connectivity improvements to the street and sidewalk network. Utilize transition zones and form-based regulations where non-compatible uses are adjacent, and program landscaped buffer areas to enable passage through them to enhance connectivity.

Strongly encourage infi ll development in this area and prioritize it over development where infrastructure does not yet exist. Regulate infi ll developments to be compatible with the existing uses and buildings. Support revitalization of this area by committing public funds and efforts to enhance the public realm, including parks, sidewalks, lighting, landscaping, and roadways.

Interstate CorridorThe goal of the Interstate Corridor is to take advantage of the economic potential of IH 35 as a commercial corridor that is compatible with surrounding uses, that establishes Buda’s identity, and that connects with surrounding uses.

The IH 35 corridor will be an important economic development tool and revenue generator for Buda. The 2002 Comprehensive Plan helped create an Interstate-35 Commercial/Offi ce Zoning District and Interstate Overlay Zone that will guide future development and public investment decisions. The district extends along the interstate from the north boundary of the study area to the south boundary. It encompasses several existing industrial and commercial developments. Improvements currently underway and recently completed of the roadway and along the corridor present the opportunity to affect change on this corridor in its general appearance as well as how it serves the residential and business community of Buda.

Portions of this corridor have yet to be incorporated into the city limits and lack the appropriate level of infrastructure to support the intensity of development recommended for this corridor.

IH 35 carries high volumes of traffi c of regular commuters as well as travellers. IH 35 is the front door for many who live in Buda and a window to those passing through. It heavily infl uences the perception and image of Buda that both residents, visitors, and passers-by have. Therefore, the general appearance of the corridor is important for this gateway.

The center at IH 35 between Main Street and Cabela’s Drive serves as a major attractor from a community-wide and even regional area. Cabela’s draws a regional clientele from across Central Texas and much of the State, while HEB and Walmart serve the more local residents of

Create pleasant, friendly places to walk, sit, and visit along Main Street.Image Source: www.pedbikeimages.org / Dan Burden

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tsBuda. As development has occurred along this corridor, little attention has been given to how it relates to and impacts the surrounding neighborhoods and developments.

Purpose The purpose of this district is to create the infrastructure and support developments that take advantage of the economic opportunities that IH 35 provides. The district should promote economic opportunities such as business and retail service growth and expansion while also improving the look of the corridor to refl ect Buda’s identity.

Appropriate Uses and Development TypesIntense development along the Interstate Corridor is appropriate to take advantage of the economic opportunities this corridor presents. The current zoning code refl ects that desire to concentrate dense commercial development along this corridor. Maximize on the traffi c volumes and visibility of the corridor to attract businesses. Dense multi-family housing is also appropriate for this corridor.

Design standards that regulate building articulation, landscaping, and building material will help shape the visual appearance of developments, improving the aesthetic nature of this corridor. Sign standards should address the visual pollution created by numerous and cluttered signs. Additionally, the City should identify opportunities to bury utility lines, which add to the cluttered look and feel of the corridor.

The corridor easily has the potential to both physically and socially divide the city between “east side” and “west side”. The City needs to take seriously the negative affects this has on the population and the vitality of neighborhoods that are “cut off” from the rest of the community. Serious efforts need to be made to address the physical barrier of the corridor by providing easy and safe access for pedestrians and bicyclists to cross the interstate. Intersections should be designed to indicate connection and fl ow, rather than a barrier that can’t be crossed.

Development along the corridor should also connect to surrounding neighborhoods and developments. New developments must be compatible with existing developments. Utilize transition zones between the Interstate Corridor and surrounding districts by scaling uses appropriately and using landscaping in a manner that communicates connectivity rather than separation.

Provide connectivity through developments along this corridor for vehicular, pedestrian, and bicycle traffi c. Connectivity should include both connections to the surrounding neighborhoods to provide access to the destinations, as well as parallel to the interstate as to connect various commercial and multi-family developments along the corridor. This will help minimize the traffi c impacts along the frontage roads created by development of the corridor.

Continue to capitalize on the eco-nomic opportunities along IH 35.

Image Sources: Halff Associates, Inc.

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| mixed use nodes

MIXED USE NODESThere are fi ve types of mixed use nodes that overlay the Character Districts. Nodes are intended to designate locations where dense, mixed use developments are appropriate and should be encouraged. These nodes should emphasize walkability and be built around the pedestrian, and not the car.

Why Mixed Use?Mixed use development offers several benefi ts to a community. First, mixed use allows for the optimum use of infrastructure by combining uses that have different “peak” times for use of infrastructure and resources than if they were separated. Mixed use developments also allow for a different housing type, diversifying housing choices in Buda. Mixing uses also allows for residential units to be closer to goods, services, and civic activities, reducing the dependence on the car. This particularly benefi ts the elderly and children. It some areas, it also reduces the need for car dependency or even ownership, alleviating rising transportation costs on a household.

Mixed use developments support many other goals of Buda. Having a more walkable community improves health as people are able to be more active. Increasing walking and bicycling over car use also has a positive impact on the environmental concerns associated with automobile use. Mixed use can also be an economic development tool because it creates nodes of intense activity and commerce.

What is Mixed Use?The term “mixed use” refers to many things. It can mean mixing different specifi c uses of the same general category, like housing types. It can also mean bringing different uses near each other (which can also be called “horizontal” mixed use). This is often accomplished with planned-unit development zoning where certain areas of a master planned community are designated for commercial, others for residential, some for parks and so on. The third type of mixed use is “vertical” mixed use. Here, different uses are not only brought near, they converge with each other in dense, walkable, vibrant places.

As you’ve seen in this document, all of these defi nitions of mixed

use are appropriate and encouraged for Buda. However, the “mixed use node” of the land development plan refers primarily to the third defi nition, vertical mixed use, with elements of horizontal mixed use incorporated.

But mixed use isn’t just about bringing uses together. Rather, mixed use policies and developments have specifi c benefi ts they’re trying to achieve - walkability, more sustainable and effi cient development, reduced reliance on the car, active and vibrant places, etc. Creating a successful mixed use node means focusing on creating the environment to generate activity that makes these uses WORK together to create a place. Uses need to be compatible and mutually supportive, working to create a framework for activity, socializing, and commerce.

The design of all mixed use nodes should consider:* Scale (the intensity and density of development and uses)* Mix of housing* Walkability* Public realm* Parking* Access to environment and open space

Relation to the Character DistrictsThe type and location of each node is based on the Character District, the surrounding development. Generally, they are located where activity converges - where corridors, neighborhoods, or any other activity-generating element of the city comes together to create a “hot spot” of activity.

These nodes differ primarily in density, and somewhat in appropriate uses within the nodes. Development and appropriate uses in each node should conform to the principles of each Character District. For example, the environmental protection priorities of the Green Growth District should be evident in the development of the Community Node at FM 1626 and FM 967. Also, the Business Nodes in the Industrial Growth District should also recognize that residential is not an appropriate use in that district, and therefore seek a mix of other uses that support the businesses in the area.

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FUTURE LAND DEVELOPMENT PLAN:

MIXED USE NODES

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| mixed use nodes

Neighborhood NodeThe neighborhood node is the lowest-scale node recommended for Buda. It is intended to be located in proximity to households to provide every-day services and products within easy walking distance to nearby residents without signifi cantly impacting the character of the area.

The catchment area for a neighborhood node should be about one to two miles. As such, uses should be tailored to meet the needs of the local vicinity as to not attract visitors at a community-wide or regional geography, which will create excessive traffi c congestion. Such uses may include a dry cleaner (pick up only), bank, small grocer, pharmacy, small restaurant, coffee shop, etc. As much as possible, neighborhood nodes should include a residential component above the groundfl oor retail or offi ce.

Neighborhood centers should be easily accessible from adjoining neighborhoods via friendly and safe pedestrian facilities. Landscaping and streetscaping should be used along access corridors to encourage walking to the center.

The scale of a neighborhood node should refl ect that of the surrounding area. It should be of medium-density, with a maximum of 3 fl oors. The retail component should account for about 30,000 to 50,000 square feet, the typical size of a neighborhood shopping center.

The Adeline Apartments in Berkeley, CA.Image Source: Mikiten Architecture

Neighborhood centers should have a mix of convenience services that people like to access daily.Image Source: Halff Associates, Inc.

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Community NodeCommunity nodes provide a greater mix of uses in a more intense development that draws from a greater area of Buda. The catchment area is larger than a neighborhood node - perhaps 4 or 5 miles.

The retail services are similar to that of a neighborhood node, but would have a larger anchor store such as a grocery store as well as additional specialized retail. Larger restaurants would also locate in community nodes.

Like in the neighborhood node, multifamily above groundfl oor retail and offi ce is recommended. Offi ce space above retail may also be appropriate if a market analysis indicates a demand for it.

Walkability to and within a community node remains an important component, as with all nodes. However, automobile access to a community node should be better planned and designed, as many visitors may be coming from beyond walking distance. Pedestrian accessibility within the node should still be emphasized over the automobile. Rather than enabling visitors to drive to each and every destination within the node, a park-once-and-walk approach should be used when designing a community node’s.

The scale of a community center is expected to be larger to accommodate more activity since it is attracting from a community-wide scale. Building height should be a maximum of 5 fl oors, with the commercial component ranging in size between 100,000 to 200,000 square feet.

Harbor Town, Memphis, TNImage Source: www.wfrc.com

The Triangle in Austin, TX has a very walkable environment within the node.

Image Source: Halff Associates, Inc.

Housing above retail.

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| mixed use nodes

Business NodeA business node is similar in scale to a community node, yet signifi cantly different in terms of appropriate uses. These are recommended for the Industrial Growth District, where a concentration of industrial-type services and businesses would be appropriate.

It will be a challenge mixing uses in a business node because of the truck traffi c that might be associated with industrial-related businesses. Therefore, business nodes are expected to be primarily business or industry oriented. However, appropriate uses that may be mixed include eating establishments that target the employees of these industries, wholesale trade, various agriculture uses, and general business-support services.

It can’t be emphasized enough that housing is not an appropriate use for this district at this time since it is signifi cantly incompatible with the heavy industrial uses. The only type of housing that should be considered in this area is housing for workers. Any market analysis conducted to evaluate the demand for housing in this area should acknowledge this situation.

Flynn Road Industrial Park, Camarillo, CA.Image Source: TASCO Construction, Inc. www.tascoconstruction.com

Incorporate environmental features in business nodes.Image Source: Halff Associates, Inc.

Intergraph, Delta Business Park, Swindon, UK.Image Source: www.panoramio.com; purdey12345

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Regional NodeThe regional node is the most intense mixed-use node recommended in the Buda area. It is intended that this area of Buda - at IH 35, between Main Street and Cabela’s Drive/FM 2001 - become a regional commercial destination and offi ce center. The ideal market catchment area is about 8 to 10 miles.

The retail component would serve large markets, such as apparel, household furnishings, and other general merchandise. This center would include about 2 or 3 anchors, with several other smaller retail and service outlets.

The shopping center should be supplemented with offi ce and housing, which would help support the businesses as well as provide another housing and offi ce product type for Buda. While parts of this node have already begun developing, there are opportunities to develop infi ll to provide more density on the site and create a walkable, mixed-use node.

As this is the largest node, it is intended to have one of the most intense development scales in Buda. The commercial component should account for approximately 300,000 to 500,000 square feet, with offi ce and housing above the retail. Building height should be a maximum of 8 fl oors.

Mix professional offi ce space with housing and retail.Image Source: Halff Associates, Inc.

In this mixed use center, a Best Buy has a store under senior housing.Image Source: Payton Chung, www.fl ickr.com

Addison Circle, Addison, TX.Image Source: North Central Texas Council of Governments

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| mixed use nodes

Downtown NodeThe Downtown Node is a unique node in that much of the fabric for the node already exists. Infi ll development is a crucial element to form this node. New developments, or redevelopments of existing structures should be compatible with existing developments and the character of the downtown area.

The retail component would include specialty stores unique to Buda. This would build off the capacity of downtown to attract visitors from across the state. A market study specifi cally for downtown Buda would help identify target business types and restaurants.

The scale of the downtown node should refl ect that of the historic Main Street and Old Town - quaint and intimate. This would preserve its historic integrity while also allowing the economy to thrive in downtown. Buildings should be built to a maximum of 3 fl oors, and allow for offi ce, residential, or other uses on the upper fl oors.

The north and south ends of Main Street, where the corridor meets the rail road tracks, should be anchored to encourage pedestrian movement along the corridor. Buildings should create a continuous retail edge along Main Street and Railroad Street to keep shoppers engaged in the retail environment. Empty buildings or vacant lots interrupt the streetscape and discourage pedestrian shoppers from moving onto other shops. Infi ll development should help create the continuous retail edge, with zero setback side yards, allowing for buildings to seamlessly connect.

Access should promote a park-once-and-walk environment, with parking along all of Main Street and a highly walkable and pedestrian-friendly environment. This will help encourage visitors to park further from their destination and opt to walk and ease the parking concentration issues in one block of downtown. Downtown should also be easily accessible to the residents of the surrounding neighborhoods, with sidewalks and pedestrian-friendly corridors connecting the neighborhoods and Main Street.

See the discussion on Downtown Buda in Chapter 5 for more detailed discussion on this component of the larger plan for Buda.

Identify market niches that aren’t currently available in downtown. Image Source: Halff Associates, Inc.

Support adaptive reuse efforts of downtown buildings.Image Source: Halff Associates, Inc.

Create a walkable environment in downtown Buda.Image Source: www.pedbikeimages.org / Dan Burnham

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s APPROPRIATE LAND USE TYPESAs discussed on the previous pages, the Character Districts and Mixed-Use Nodes are defi ned less by land use and primarily by the character of development. Still, the intensity of development types and land uses infl uence the character and may or may not be appropriate.

Below is a description of general development types that could exist in Buda. The following table identifi es where they are appropriate; where they are conditional based on specifi c uses and design of the property to mitigate adverse impacts; and where the development type is not appropriate. This information does not serve as a regulatory or zoning code, but is intended to guide decisions for land development.

Mixed Use developments are those that mix retail, offi ce, and residential in a dense, pedestrian friendly environment. They are intended to bring different but supportive land uses together so they are in closer proximity rather than separating them.

Regional Retail Centers include large shopping centers that have a large anchor tenant such as a big box store, grocery store, or department store, and other retail or service establishments. Regional Retail Centers tend to attract not only local residents, but also shoppers from a regional geography.

Neighborhood Shopping Centers are smaller shopping centers that include every day services and shops. They are intended to be convenient to local residents and within easy walking distance from housing.

Offi ce developments include those that provide space for businesses and services, such as real estate professionals, lawyers, doctors and other medical practitioners, and other professionals.

Industrial Park or Distribution Center developments are those that provide space for businesses and other industrial-type services which support the larger industrial businesses. Businesses could include printing companies, distribution services, or courier services. Industrial Park developments can also house businesses that serve as the “store front” for larger industrial businesses, such as building materials or paint stores.

Low Density Single Family and Agriculture includes residential developments that are on lots 1 acre or larger. Properties can be used for small farming operations. This category also includes larger agricultural or ranching uses such as those that exist in parts of Buda today.

Medium Density Single Family includes single-family housing on lots smaller than 1 acre down to a quarter acre (or 4 dwelling units per acre).

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| appropriate land use typesHigh Density Single Family includes single-family housing on lots smaller than 0.25 acres, or greater than 4 dwelling units per acre.

Attached Housing includes a scale of residential housing that falls between single-family and multi-family and includes developments where residential units are attached. This can be in the form of duplexes, fourplexes, townhomes, or rowhouses.

Multifamily Housing developments are typically multi-story apartment or condominium developments where housing units are “stacked.” Multi-family housing is the most common type of housing found in mixed-use developments, built upon groundfl oor retail uses.

Cluster Development is a type of development that allows higher density building in “clusters” in return for permanent conservation of envirionmentally sensitive land. Cluster developments should not be limited to residential uses.

Determining Appropriate UseThe table to the right identifi es what uses are appropriate, conditional, or not appropriate in each Character District or Mixed Use Node. Appropriate means the use is simply allowed, with minimal conditions. Conditional means the use is only allowed based on certain conditions (depending on the use and the location). And Not Appropriate means the use is not appropriate in the district. There may be confl icts between Character Districts and Nodes. Where confl ict occurs, the use should be teated as

conditionally allowed, making sure it balances the goals of both District and Node. For example, regional retail in both the Regional Node and Heritage District should be permitted so long as it is developed in a manner that meets the character goals of the Heritage District.

CHARACTER DISTRICT AND MIXED USE NODES: APPROPRIATE DEVELOPMENT TYPES

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BUDA 2030 AND THE UNIFIED DEVELOPMENT CODEThe Future Land Development Plan of Buda 2030 identifi es Character Districts and Mixed Use Nodes that address desired development types, patterns, and appropriate uses. Chapter 7 also identifi es what general uses are appropriate in each character district and mixed use node. This appendix is intended to articulate the background of these areas and guide City staff, elected offi cials, the public, property owners, and private developers in how land should be utilized for certain areas of the city.

The City in particular should use the Future Land Development Plan and articulated principles to guide decisions in updating or re-creating the City’s Unifi ed Development Code and other development regulations. To help facilitate and guide that effort, the following tables illustrate how the zoning categories of the existing Unifi ed Development Code could be applied to the Future Land Development Code. Appropriate means the use is simply allowed, with minimal conditions. Conditional means the use is only allowed based on certain conditions (depending on the use and the location). And Not Appropriate means the use is not appropriate in the district.

This information does not constitute zoning regulations and is only intended to guide the City’s effort in making adjustments to the Unifi ed Development Code and other development regulations.

Green Growth DistrictRESIDENTIAL DISTRICTS

Agriculture (AG) ConditionalLow Density Residential (LR) ConditionalMedium Density Residential (MR) ConditionalHigh Density Residential (HR) ConditionalDuplex Residential (DR) ConditionalMulti-family Residential (MFR) ConditionalManufactured Housing (MHR) Not Appropriate

NON-RESIDENTIAL DISTRICTS

Neighborhood Retail (R1) AppropriateArterial Retail (R2) ConditionalInterstate Retail (R3) Not AppropriateNeighborhood Commercial/Offi ce (C1) AppropriateArterial Commercial/Offi ce (C2) ConditionalInterstate-35 Commercial/Offi ce (C3) Not AppropriateLight Industrial/Warehousing (I1) Not AppropriateManufacturing (I2) Not Appropriate

OTHER DISTRICTS

Cluster Development (FZ1) AppropriateMixed Use (FZ2) Appropriate

PUBLIC OR SEMI-PUBLIC DISTRICTS

School Site (FZ3) AppropriateNeighborhood Park (PR1) AppropriateCity Park (PR2) AppropriateRegional Park (PR3) AppropriatePrivate Park (PR4) AppropriateCommunity Facility (P1) AppropriatePublic Infrastructure Facility (P2) Appropriate

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Heritage DistrictRESIDENTIAL DISTRICTS

Agriculture (AG) Not AppropriateLow Density Residential (LR) Not AppropriateMedium Density Residential (MR) AppropriateHigh Density Residential (HR) AppropriateDuplex Residential (DR) AppropriateMulti-family Residential (MFR) ConditionalManufactured Housing (MHR) Not Appropriate

NON-RESIDENTIAL DISTRICTS

Neighborhood Retail (R1) AppropriateArterial Retail (R2) ConditionalInterstate Retail (R3) Not AppropriateNeighborhood Commercial/Offi ce (C1) AppropriateArterial Commercial/Offi ce (C2) ConditionalInterstate-35 Commercial/Offi ce (C3) Not AppropriateLight Industrial/Warehousing (I1) Not AppropriateManufacturing (I2) Not Appropriate

OTHER DISTRICTS

Cluster Development (FZ1) ConditionalMixed Use (FZ2) Appropriate

PUBLIC OR SEMI-PUBLIC DISTRICTS

School Site (FZ3) AppropriateNeighborhood Park (PR1) AppropriateCity Park (PR2) AppropriateRegional Park (PR3) AppropriatePrivate Park (PR4) AppropriateCommunity Facility (P1) AppropriatePublic Infrastructure Facility (P2) Appropriate

Emerging Growth DistrictRESIDENTIAL DISTRICTS

Agriculture (AG) ConditionalLow Density Residential (LR) ConditionalMedium Density Residential (MR) AppropriateHigh Density Residential (HR) AppropriateDuplex Residential (DR) AppropriateMulti-family Residential (MFR) ConditionalManufactured Housing (MHR) Not Appropriate

NON-RESIDENTIAL DISTRICTS

Neighborhood Retail (R1) AppropriateArterial Retail (R2) ConditionalInterstate Retail (R3) Not AppropriateNeighborhood Commercial/Offi ce (C1) AppropriateArterial Commercial/Offi ce (C2) ConditionalInterstate-35 Commercial/Offi ce (C3) Not AppropriateLight Industrial/Warehousing (I1) Not AppropriateManufacturing (I2) Not Appropriate

OTHER DISTRICTS

Cluster Development (FZ1) AppropriateMixed Use (FZ2) Appropriate

PUBLIC OR SEMI-PUBLIC DISTRICTS

School Site (FZ3) AppropriateNeighborhood Park (PR1) AppropriateCity Park (PR2) AppropriateRegional Park (PR3) AppropriatePrivate Park (PR4) AppropriateCommunity Facility (P1) AppropriatePublic Infrastructure Facility (P2) Appropriate

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Business Growth DistrictRESIDENTIAL DISTRICTS

Agriculture (AG) Not AppropriateLow Density Residential (LR) Not AppropriateMedium Density Residential (MR) Not AppropriateHigh Density Residential (HR) ConditionalDuplex Residential (DR) ConditionalMulti-family Residential (MFR) ConditionalManufactured Housing (MHR) Not Appropriate

NON-RESIDENTIAL DISTRICTS

Neighborhood Retail (R1) ConditionalArterial Retail (R2) ConditionalInterstate Retail (R3) ConditionalNeighborhood Commercial/Offi ce (C1) ConditionalArterial Commercial/Offi ce (C2) AppropriateInterstate-35 Commercial/Offi ce (C3) AppropriateLight Industrial/Warehousing (I1) ConditionalManufacturing (I2) Conditional

OTHER DISTRICTS

Cluster Development (FZ1) ConditionalMixed Use (FZ2) Appropriate

PUBLIC OR SEMI-PUBLIC DISTRICTS

School Site (FZ3) ConditionalNeighborhood Park (PR1) AppropriateCity Park (PR2) AppropriateRegional Park (PR3) AppropriatePrivate Park (PR4) AppropriateCommunity Facility (P1) AppropriatePublic Infrastructure Facility (P2) Appropriate

Industrial Growth DistrictRESIDENTIAL DISTRICTS

Agriculture (AG) ConditionalLow Density Residential (LR) Not AppropriateMedium Density Residential (MR) Not AppropriateHigh Density Residential (HR) Not AppropriateDuplex Residential (DR) Not AppropriateMulti-family Residential (MFR) ConditionalManufactured Housing (MHR) Conditional

NON-RESIDENTIAL DISTRICTS

Neighborhood Retail (R1) Not AppropriateArterial Retail (R2) Not AppropriateInterstate Retail (R3) ConditionalNeighborhood Commercial/Offi ce (C1) Not AppropriateArterial Commercial/Offi ce (C2) ConditionalInterstate-35 Commercial/Offi ce (C3) ConditionalLight Industrial/Warehousing (I1) AppropriateManufacturing (I2) Appropriate

OTHER DISTRICTS

Cluster Development (FZ1) ConditionalMixed Use (FZ2) Conditional

PUBLIC OR SEMI-PUBLIC DISTRICTS

School Site (FZ3) Not AppropriateNeighborhood Park (PR1) Not AppropriateCity Park (PR2) ConditionalRegional Park (PR3) ConditionalPrivate Park (PR4) ConditionalCommunity Facility (P1) AppropriatePublic Infrastructure Facility (P2) Appropriate

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Neighborhood Mixed Use NodeRESIDENTIAL DISTRICTS

Agriculture (AG) Not AppropriateLow Density Residential (LR) Not AppropriateMedium Density Residential (MR) ConditionalHigh Density Residential (HR) ConditionalDuplex Residential (DR) ConditionalMulti-family Residential (MFR) AppropriateManufactured Housing (MHR) Not Appropriate

NON-RESIDENTIAL DISTRICTS

Neighborhood Retail (R1) AppropriateArterial Retail (R2) Not AppropriateInterstate Retail (R3) Not AppropriateNeighborhood Commercial/Offi ce (C1) AppropriateArterial Commercial/Offi ce (C2) Not AppropriateInterstate-35 Commercial/Offi ce (C3) Not AppropriateLight Industrial/Warehousing (I1) Not AppropriateManufacturing (I2) Not Appropriate

OTHER DISTRICTS

Cluster Development (FZ1) ConditionalMixed Use (FZ2) Appropriate

PUBLIC OR SEMI-PUBLIC DISTRICTS

School Site (FZ3) ConditionalNeighborhood Park (PR1) AppropriateCity Park (PR2) ConditionalRegional Park (PR3) ConditionalPrivate Park (PR4) ConditionalCommunity Facility (P1) ConditionalPublic Infrastructure Facility (P2) Not Appropriate

Interstate Corridor DistrictRESIDENTIAL DISTRICTS

Agriculture (AG) Not AppropriateLow Density Residential (LR) Not AppropriateMedium Density Residential (MR) Not AppropriateHigh Density Residential (HR) Not AppropriateDuplex Residential (DR) Not AppropriateMulti-family Residential (MFR) AppropriateManufactured Housing (MHR) Not Appropriate

NON-RESIDENTIAL DISTRICTS

Neighborhood Retail (R1) Not AppropriateArterial Retail (R2) AppropriateInterstate Retail (R3) AppropriateNeighborhood Commercial/Offi ce (C1) Not AppropriateArterial Commercial/Offi ce (C2) AppropriateInterstate-35 Commercial/Offi ce (C3) AppropriateLight Industrial/Warehousing (I1) ConditionalManufacturing (I2) Conditional

OTHER DISTRICTS

Cluster Development (FZ1) Not AppropriateMixed Use (FZ2) Appropriate

PUBLIC OR SEMI-PUBLIC DISTRICTS

School Site (FZ3) Not AppropriateNeighborhood Park (PR1) Not AppropriateCity Park (PR2) Not AppropriateRegional Park (PR3) Not AppropriatePrivate Park (PR4) Not AppropriateCommunity Facility (P1) ConditionalPublic Infrastructure Facility (P2) Conditional

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Business Mixed Use NodeRESIDENTIAL DISTRICTS

Agriculture (AG) Not AppropriateLow Density Residential (LR) Not AppropriateMedium Density Residential (MR) Not AppropriateHigh Density Residential (HR) Not AppropriateDuplex Residential (DR) Not AppropriateMulti-family Residential (MFR) ConditionalManufactured Housing (MHR) Not Appropriate

NON-RESIDENTIAL DISTRICTS

Neighborhood Retail (R1) Not AppropriateArterial Retail (R2) Not AppropriateInterstate Retail (R3) Not AppropriateNeighborhood Commercial/Offi ce (C1) ConditionalArterial Commercial/Offi ce (C2) ConditionalInterstate-35 Commercial/Offi ce (C3) ConditionalLight Industrial/Warehousing (I1) ConditionalManufacturing (I2) Conditional

OTHER DISTRICTS

Cluster Development (FZ1) ConditionalMixed Use (FZ2) Conditional

PUBLIC OR SEMI-PUBLIC DISTRICTS

School Site (FZ3) Not AppropriateNeighborhood Park (PR1) Not AppropriateCity Park (PR2) Not AppropriateRegional Park (PR3) Not AppropriatePrivate Park (PR4) Not AppropriateCommunity Facility (P1) Not AppropriatePublic Infrastructure Facility (P2) Conditional

Community Mixed Use NodeRESIDENTIAL DISTRICTS

Agriculture (AG) Not AppropriateLow Density Residential (LR) Not AppropriateMedium Density Residential (MR) Not AppropriateHigh Density Residential (HR) ConditionalDuplex Residential (DR) ConditionalMulti-family Residential (MFR) AppropriateManufactured Housing (MHR) Not Appropriate

NON-RESIDENTIAL DISTRICTS

Neighborhood Retail (R1) AppropriateArterial Retail (R2) AppropriateInterstate Retail (R3) Not AppropriateNeighborhood Commercial/Offi ce (C1) AppropriateArterial Commercial/Offi ce (C2) AppropriateInterstate-35 Commercial/Offi ce (C3) Not AppropriateLight Industrial/Warehousing (I1) Not AppropriateManufacturing (I2) Not Appropriate

OTHER DISTRICTS

Cluster Development (FZ1) ConditionalMixed Use (FZ2) Appropriate

PUBLIC OR SEMI-PUBLIC DISTRICTS

School Site (FZ3) ConditionalNeighborhood Park (PR1) AppropriateCity Park (PR2) AppropriateRegional Park (PR3) ConditionalPrivate Park (PR4) ConditionalCommunity Facility (P1) ConditionalPublic Infrastructure Facility (P2) Not Appropriate

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Downtown Mixed Use NodeRESIDENTIAL DISTRICTS

Agriculture (AG) Not AppropriateLow Density Residential (LR) Not AppropriateMedium Density Residential (MR) ConditionalHigh Density Residential (HR) ConditionalDuplex Residential (DR) ConditionalMulti-family Residential (MFR) AppropriateManufactured Housing (MHR) Not Appropriate

NON-RESIDENTIAL DISTRICTS

Neighborhood Retail (R1) AppropriateArterial Retail (R2) ConditionalInterstate Retail (R3) Not AppropriateNeighborhood Commercial/Offi ce (C1) AppropriateArterial Commercial/Offi ce (C2) ConditionalInterstate-35 Commercial/Offi ce (C3) Not AppropriateLight Industrial/Warehousing (I1) Not AppropriateManufacturing (I2) Not Appropriate

OTHER DISTRICTS

Cluster Development (FZ1) ConditionalMixed Use (FZ2) Appropriate

PUBLIC OR SEMI-PUBLIC DISTRICTS

School Site (FZ3) AppropriateNeighborhood Park (PR1) AppropriateCity Park (PR2) AppropriateRegional Park (PR3) ConditionalPrivate Park (PR4) ConditionalCommunity Facility (P1) AppropriatePublic Infrastructure Facility (P2) Not Appropriate

Regional Mixed Use NodeRESIDENTIAL DISTRICTS

Agriculture (AG) Not AppropriateLow Density Residential (LR) Not AppropriateMedium Density Residential (MR) Not AppropriateHigh Density Residential (HR) Not AppropriateDuplex Residential (DR) Not AppropriateMulti-family Residential (MFR) AppropriateManufactured Housing (MHR) Not Appropriate

NON-RESIDENTIAL DISTRICTS

Neighborhood Retail (R1) ConditionalArterial Retail (R2) AppropriateInterstate Retail (R3) AppropriateNeighborhood Commercial/Offi ce (C1) ConditionalArterial Commercial/Offi ce (C2) AppropriateInterstate-35 Commercial/Offi ce (C3) AppropriateLight Industrial/Warehousing (I1) Not AppropriateManufacturing (I2) Not Appropriate

OTHER DISTRICTS

Cluster Development (FZ1) Not AppropriateMixed Use (FZ2) Appropriate

PUBLIC OR SEMI-PUBLIC DISTRICTS

School Site (FZ3) Not AppropriateNeighborhood Park (PR1) ConditionalCity Park (PR2) ConditionalRegional Park (PR3) AppropriatePrivate Park (PR4) ConditionalCommunity Facility (P1) ConditionalPublic Infrastructure Facility (P2) Not Appropriate

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City Council Agenda Item ReportDate: Tuesday, July 3, 2018

Agenda Item No. 2018-389-Contact: Chance Sparks

Subject: Deliberation and possible action regarding the first reading of an ordinanceto change the zoning from Form Zone 4H (F4H) to Light Industrial (LI) forapproximately 5.92 acres being Lots 1 and 2 of Block A, Loop 4 Addition, HaysCounty, Texas and generally located on the west side of South Loop 4 (SouthRM 967) approximately 1,200 feet south of West Goforth Road (Z 18-02)(Senior Planner David Fowler)

1. Executive SummaryThis item is the action item pertaining to an application for a Zoning Map Amendment, or ZoningChange, for two lots totaling 5.92 acres located on South Loop 4 immediately south of CSI Printingand across from Two Wheel Brewery. The request is to change from the current zoning of F4H to LI inorder to accommodate Equipment Sales and Office-Warehouse uses.

The Planning and Zoning Commission held a public hearing at its May 22, 2018 meeting. No notifiedparties spoke either in opposition to of support of the zoning change. The Commission agreed withStaff’s recommendation, and voted unanimously to recommend approval of the zoning mapamendment.

2. Background/HistoryThe applicants intend to build an Equipment Sales business based around the sales and rental ofpressure washing equipment on the north lot and warehouses on the south lot. The equipment salesfacility as described to staff would include showroom and office in the main building, with somewarehouse space and customer and fleet vehicle parking in the rear. Less detail has been providedregarding the proposed business warehouse use, though the owner has indicated his intent for thespaces to be used by smaller businesses and startups that need relatively small offices and a placefor inventory/stock. The owner developed a similar use previously near South Loop 4 and PrecisionDrive, though he plans a much nicer design due to location and new UDC requirements for thesubject property. A major reason he cited for this location is that tenants of his previous propertycommented that they liked being close to downtown, but that it was just a bit too far to walk andlacked sidewalks.

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East - LI Light Industrial (microbrewery and plumbing contractor) and some F4H Form Zone 4H(vacant)

North - F4H Form Zone 4H (CSI Printing)

West - F4H Form Zone 4H (vacant and portion of larger tract with multiple zonings)

South - B-3 Interstate 35 Business (metal supplier)

3. Staff's review and analysisFor the public hearing, 19 property owners were notified within 400’ of the subject property. Thenotification buffer notably included several residences in the Bella Vita subdivision that were within400’, but outside of the 200’ protest area. Staff has not received any responses for or against, but didreceive two inquiries from notified residents.

The following constitutes an evaluation of the proposed zoning change:

The proposed zoning change is in compliance with the Comprehensive Plan. These properties arewithin the Industrial Growth Area according to the Future Land Use Character Districts map. Industrial Parks and related uses are considered appropriate in this area. In fact, staff feels this wasan error in the new zoning map that was adopted with the new UDC, as form-based districts typicallyflank both sides of a roadway in order to achieve consistency. The intent had been to switch from theform districts to light industrial at the north property line of the brewery. In fact, the propertycarried a light industrial zoning up until October 2017 when the new UDC & zoning map wasadopted.

Based on information from the comprehensive plan and surrounding uses, approval of this zoningchange would NOT constitute spot zoning, as it could be considered consistent with surroundinguses. Spot zoning is the application of zoning to a specific parcel or parcels of land within a largerzoned area when the rezoning is usually at odds with a city's master plan and current zoningrestrictions, and appears wholly out-of-place in comparison to surrounding zoning.

Staff has not identified critical issues with the potential uses in the LI district that would negativelyaffect the health, safety or general welfare of the City and the safe, orderly and healthfuldevelopment of the City. It is sufficiently far from residential uses to not pose compatibility issues.The LI zoning in combination with the Gateway Overlay District eliminates uses that would pose anycompatibility concerns or provides a SUP process allowing a secondary discretionary review. Thearchitectural requirements are likewise similar, with the only meaningful difference being that LIremoves the build-to requirement. Otherwise, the site must still have strong urban design elementsunder the overlay district, parking shifted behind the front of the building, and restricted exteriorbuilding materials much like the form-based districts. In fact, the Gateway Corridor was conceivedas a tool to provide a thoughtful transition from the edges of the city into the historic core.

The surrounding properties are mostly light industrial uses such as a plumbing business, a printshop, automotive service garages, and a microbrewery. The adjacent neighborhood carries LI zoningto the south, with the area to the north and east being F4H, including the Bella Vita subdivision. Theproperty affected by the zoning change is suitable for uses permitted by the proposed amendment tothe zoning map. The subject properties are mostly flat and are covered with mostly smaller scrubtrees. For any development on this property, the applicant will be required to comply with applicabledevelopment standards such as maximum impervious cover, water detention/quality, andsite/building design, pursuant to the Unified Development Code.

The projects will be subject to the requirements of the Gateway Overlay Corridor. These requirements 227

create a tighter set of permitted and conditional uses as well as enhanced site design standards,such as the parking being required to be behind the front of the building, the requirement for theprimary entrance of the building to be accessed via the sidewalk along Loop 4, and the requirementthat windows comprise between 50 and 80 percent of the building area visible from the sidewalk. Inthis way, the project will have substantially stronger aesthetics similar in quality to the FH4 zoning;the only significant difference is that the build-to requirement is eliminated. Given its location onSouth Loop 4 as it transitions to a higher speed corridor going south, this is appropriate. Theproposed equipment sales and warehouse uses would require Specific Use Permits if City Councilapproved the zoning change. This means the Commission and City Council will have the opportunityto review the actual site plan & building design as part of the SUP.

Infrastructure, including roadway adequacy, sewer, water and storm water facilities, is or iscommitted to be available that is generally suitable and adequate for the proposed use. This zoningchange does not negatively affect infrastructure capacity or adequacy. The property falls within theCity of Buda water and wastewater service areas. The applicant, as with any developer, isresponsible for construction of their infrastructure improvements as well as any off-siteimprovements caused by the project. Staff will review for any needed infrastructure improvements aspart of the amending plat and site plan review processes. The owner’s engineer is already aware ofbond-related drainage improvements in the area and is coordinating design to complement thoseefforts.

Staff recommends approval of this zoning change because the requested zoning change reverts thezoning to the equivalent district to what the area was zoned prior to the adoption of a new zoningmap in October 2017. The site in question and the parcel to the north could be seen as possiblelocations of mixed-use development or redevelopment that could spill over from the City’sDowntown district, capitalizing on the success of the Buda Mill and Grain development to the north. However, it is also true that the proposed land use change would be more in context with the site’scurrent surroundings and allow high quality development of the site due to the site’s location in theGateway Overlay Corridor District. The applicant has also argued that development of mixed usemay be difficult on the site due to the site being adjacent to the railroad tracks, and across thetracks from Texas Lehigh Cement. If the railroad were primarily passenger rather than freight, amixed use project would be more successful. The heavy freight presence makes a residentialcomponent unappealing, and no mechanism appears present even in the long term for commuterrail. As such, staff recommends approval of the zoning change application as it provides for a morerealistic opportunity to develop the site in the near term under high quality Gateway CorridorOverlay District standards, as opposed to the more aspirational, longer-term vision of having mixeduse on this site. This could have an added benefit of prompting improvements to less attractiveproperties along this corridor, and serve as a demonstration project for the new standards in theGateway Corridor Overlay District.

4. Financial ImpactThis project will result in payment of development fees and impact fees. It will increase productivityof a vacant parcel, resulting in increased ad valorem tax revenue and sales and use tax revenue. Thedevelopment of employers within the pedestrian shed of downtown presents positive financialimpact for downtown businesses.

5. Summary/ConclusionThe requested zoning change appears to satisfy all criteria and maintains consistency with the Buda2030 Comprehensive Plan. It does not present compatibility challenges or risks to the health, safetyand general welfare. Approving the request allows the project to proceed through its specific usepermits as necessary, site development and building permits. 228

6. Pros and ConsStaff has evaluated pros and cons. Since this is a decision with multiple outcomes, the pros andcons have been consolidated with the discussion of alternatives below.

7. AlternativesApproval of a zoning change is entirely discretionary based on application of standards found in theUDC and consistency with the Comprehensive Plan. Three clear alternatives are available to addressthis rezoning. Staff has identified these alternatives and the primary implications of pursuing each.The list of implications is not exhaustive, as the Council may identify others. Though the number ofpros & cons varies by outcome, they are not necessarily equally weighted. For example, an outcomecould have two “pros” and one “con”, but that “con” could carry more weight.

Approve the rezoning – This alternative results in the rezoning being approved. This action appearsto result in development more consistent with the Buda 2030 Comprehensive Plan than the current.This action acknowledges that the criteria for rezoning have been satisfied. This action affirms therecommendation of the Planning & Zoning Commission.

Table the Rezoning – This alternative results in the rezoning being postponed for action pendingreceipt of additional information. For this alternative, it is important to provide direction to the staffand applicant regarding the information needed. If the City Council requires additional information,this action provides the opportunity for such information to be secured. This action can causeunnecessary delays, which may affect real estate transactions if any are pending.

Deny the Rezoning – This alternative results in the rezoning not occurring. This action is lessconsistent with the Buda 2030 Comprehensive Plan. It is not clear which rezoning criteria were notsatisfied or any inconsistencies with the Comprehensive Plan; the City Council will need to identifythis. This action conflicts with the recommendation of the Planning & Zoning Commission.

8. RecommendationThe Planning and Zoning Commission recommended approval unanimously at its May 22, 2018meeting, concurring with the staff recommendation. Staff recommends the City Council considerapproval of the zoning change.

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ORDINANCE NO. _____-___

AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BUDA, TEXAS AMENDING THE OFFICIAL ZONING MAP OF THE CITY PERTAINING TO APPROXIMATELY 5.92+/- ACRES OF LAND BEING LOTS 1 AND 2 OF THE LOOP 4 ADDITION SUBDIVISION RESULTING IN THE ZONING CHANGING FROM F4H FORM ZONE 4H TO LIGHT INDUSTRIAL; PROVIDING A REPEALING CLAUSE; PROVIDING A SEVERABILITY CLAUSE; PROVIDING AN EFFECTIVE DATE AND PROVIDING A PENALTY CLAUSE.

WHEREAS, on May 22, 2018, the Planning and Zoning Commission of the City of Buda held a public hearing regarding a request to change zoning for the 5.92+/- acres of land being Lots 1 and 2 of the Loop 4 Addition Subdivision, Hays County, Texas, further depicted in Exhibit ‘A’, attached, and recommended that the request be approved by the City Council of the City of Buda; and WHEREAS, the City Council held a public hearing on July 17, 2018 regarding the request; and WHEREAS, all requirements of the City of Buda Unified Development Code pertaining to zoning map amendments have been met; and, WHEREAS, the City Council has determined that adoption of this ordinance is in the interest of the general health, safety, welfare and morals of the community; and WHEREAS, the City has determined that this ordinance was passed and approved at a meeting of the City Council of the City of Buda held in strict compliance with the Texas Open Meetings Act at which a quorum of the City Council Members were present and voting; NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF BUDA, TEXAS, THAT: Section 1. The base zoning of the aforementioned property, approximately 2.008+/- acres of land, Lots 1 and 2 of the Loop 4 Addition Subdivision, Hays County, Texas, further depicted in Exhibit ‘A’, attached, is hereby changed from F4H Form Zone 4H to LI Light Industrial. Section 2. The Zoning Map of the City of Buda, Texas is hereby amended to establish the zoning classification as set forth above. Section 3. All ordinances, parts of ordinances, or resolutions in conflict herewith are expressly repealed.

230

Section 4. If any clause or provision of this Ordinance shall be deemed to be unenforceable for any reason, such unenforceable clause or provision shall be severed from the remaining portion of the Ordinance, which shall continue to have full force and effect. Section 5. Effective Date. Pursuant to Section 3.11(D) of the City Charter, this ordinance is effective upon adoption, except that every ordinance imposing any penalty, fine or forfeiture shall become effective only after having been published once in its entirety, or a caption that summarizes the purpose of the ordinance and the penalty for violating the ordinance in a newspaper designated as the official newspaper of the City. An ordinance required by the Charter to be published shall take effect when the publication requirement is satisfied. PASSED, APPROVED AND ADOPTED on by an affirmative vote of the City Council of the City of Buda, this ___ day of __________, 2018.

APPROVED: __________________________ George Haehn, Mayor ATTEST: __________________________ Alicia Ramirez, City Secretary

231

232

233

VIAVIATOSCANATOSCANAV V

I IA AV V

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A A

VIA VERONAVIA VERONA

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P 4

LOO

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BELLA VITABELLA VITA VIA

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AV

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REBELREBEL

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UN

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R26212

R26213

R26167 R26168 R26169 R26170

R26171

R38054

R38053R38188R38189R38190R38191R38192

R13554

R110499

R38193 R38194 R38195R38196 R38197

R38080

R100131

R38079

R100129

R100130

R38077

R38075

R131801

R131792R125952

R131787

R131791

R131790

R131779

R131780

R133219

R13552

R143997

R13556

R25561

R25560

R133220

R133216R133213

R133217 R133212

R133208

R133209

R133210

R13561

R13569

R140292

R140293 R140294

R140295

R140296R140297

R140298

R13564

R143996

R131778

R133221

R133215 R133214

R144823

R133218 R133211

R133206

R13561

R144816

R144817

R144818

R144822

R144820

R144814

R144815

R119964

R144812R144821

R144813

R144819

R110498

R131793

R15322

R38078

R38076

F 0 10050Feet

400' RadiusSubject PropertyParcelBuda City Limits

Z-18-02 Location MapZ-18-02 Location Map

City of Buda GISMap Date: 5/1/2018

234

235

236

Adopted October 2, 2017

42 | Section 2. Zoning Regulations

2.06.05. Use Chart

Agr

icu

ltu

ral (

AG

) D

istr

ict

Esta

te R

esid

enti

al (

R-1

) D

istr

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Sub

urb

an R

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enti

al (

R-2

)

Dis

tric

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On

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Tw

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amily

Res

iden

tial

(R

-3)

Dis

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t

Tran

siti

on

al R

esid

enti

al (

R-4

) D

istr

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Urb

an R

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enti

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R-5

)

Dis

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Man

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Ho

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(R-

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Nei

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Art

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(B-2

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Inte

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Dis

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Ligh

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LI)

Dis

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Hea

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du

stri

al (

HI)

Dis

tric

t

Form

Dis

tric

t 1

(F1

)

Form

Dis

tric

t 3

(F3

)

Form

Dis

tric

t 3

H (

F3H

)

Form

Dis

tric

t 4

(F4

)

Form

Dis

tric

t 4

H (

F4H

)

Form

Dis

tric

t 5

(F5

)

Form

Dis

tric

t 5

H (

F5H

)

Par

kin

g R

equ

irem

ent

(sp

aces

: in

crem

ent)

Residential Uses

Community Home or Group Home P-1 P-1 P-1 P-1 P-1 P-1 P-1 1 : bedroom

Dwelling, Accessory P-2 P-2 S-2 S-2 S-2 S-2 P P P P P P 1 : unit

Dwelling, Multi-Family (Apartment) P P P P Studio | 1 : unit

1-2 BR | 2 : unit

3+ BR | 0.5 : add’l BR over 2

Guest | 1 : 10 units

Dwelling, Multi-Family (3-Plex/4-Plex) P P P P P P P

Dwelling, Single Family (Attached – Duplex) P P P P P S P 2 : dwelling

Dwelling, Single Family (Attached – Townhouse) P P P P P P P 2 : dwelling

Dwelling, Single Family (Detached) P P P P P P P P P 2 : dwelling

Dwelling, Single Family (Patio Home) P P P P P 2 : dwelling

Halfway House P-3 P-3 P-3 P-3 P-3 P-3 P-3 1 : bedroom

Innovative Residential Development P-4 P-4 P-4 P-4 P-4 P-4 P-4 P-4 P-4 P-4 P-4 Based on dwelling type

Manufactured Home P-5 2 : dwelling

Modular Home P-6 P-6 P-6 P-6 P-6 P-6 P-6 P-6 P-6 P-6 2 : dwelling

Short-Term Residential Rental P-7 P-7 P-7 P-7 P-7 P-7 P-7 P-7 P-7 P-7 P-7 P-7 Based on dwelling type

Nonresidential Uses

Adult Day Services Center S S S P P S S S 1 : 2 guests

Adult Entertainment P-8 1 : 300

Agricultural Use P-10 P-10 P-10 P-10 P-10 P-10 P-10 P-10 P-10 P-10 P-10 P-10 P-10 P-10 P-10 P-10 P-10 P-10 P-10 1 : 1,000 of enclosed areas

Ambulance Service P P 1 : 400

Amusement, Commercial (Indoors) S S P P S S S 1 : 300

Amusement, Commercial (Outdoors) S S S S S S 1 : 3 patrons

Animal Shelter or Pet Boarding (with Outside Yard/Kennels)

S S S S 1 : 400

Animal Shelter or Pet Boarding (without Outside Yard/Kennels)

S S S S P P P P S S S 1 : 400

Animal Veterinary Office or Grooming (with Outside Yard/Kennels)

S S S 1 : 400

Animal Veterinary Office or Grooming (without Outside Yard/Kennels)

S S S P P P P S S S S S 1 : 400

Antique Shop P P P P P P P P 1 : 300

Art Gallery or Museum P P P P P P P P 1 : 300

Artisan’s Studio P P P P P S P P P P 1 : 300

Assisted Living/Nursing Home P P S P P P P P 1 : 2 beds 237

Adopted October 2, 2017

Subsection 2.06. Zoning Use Regulations | 43

Agr

icu

ltu

ral (

AG

) D

istr

ict

Esta

te R

esid

enti

al (

R-1

) D

istr

ict

Sub

urb

an R

esid

enti

al (

R-2

)

Dis

tric

t

On

e &

Tw

o F

amily

Res

iden

tial

(R

-3)

Dis

tric

t

Tran

siti

on

al R

esid

enti

al (

R-4

) D

istr

ict

Urb

an R

esid

enti

al (

R-5

)

Dis

tric

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Man

ufa

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Ho

usi

ng

(R-

MH

) D

istr

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Nei

ghb

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d B

usi

nes

s (B

-1

) D

istr

ict

Art

eria

l Bu

sin

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(B-2

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istr

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Inte

rsta

te-3

5 B

usi

nes

s (B

-3)

Dis

tric

t

Ligh

t In

du

stri

al (

LI)

Dis

tric

t

Hea

vy In

du

stri

al (

HI)

Dis

tric

t

Form

Dis

tric

t 1

(F1

)

Form

Dis

tric

t 3

(F3

)

Form

Dis

tric

t 3

H (

F3H

)

Form

Dis

tric

t 4

(F4

)

Form

Dis

tric

t 4

H (

F4H

)

Form

Dis

tric

t 5

(F5

)

Form

Dis

tric

t 5

H (

F5H

)

Par

kin

g R

equ

irem

ent

(sp

aces

: in

crem

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Automobile or Other Motorized Vehicle Sales S P 1 : 750

Automobile Parts Store S P P P P P P P 1 : 300

Automobile Service Garage (Major) S P P 3 : service bay

Automobile Service Garage (Minor) P P P P P 3 : service bay

Bank or Financial Institution S-11 P P S-11 S-11 S-11 S-11 S-11 1 : 300

Banquet Hall, Reception Facility, Wedding Chapel, or Other Special Events Center

S S S P P S S S S S S Non-Fixed Seats | 1 : 150 or

Fixed Seats | 1 : 4 seats

Bar/Tavern (≥75% Sales from Alcohol) P-12 1 : 200

Barber or Beauty Shop S S S P P P P P S P P P P 1 : 400

Bed & Breakfast Inn S S S S S S P P P S P S P P S S Residential requirement +

1 : guest room

Brewery, Macro S-9 P-9

Office | 1 : 400

Brewing | 1 : 1,000

Tasting Room | 1 : 200

Brewery, Micro S-9 S-9 S-9 S-9 P-9 P-9 S-9 S-9 S-9 S-9

Office | 1 : 400

Brewing | 1 : 1,000

Tasting Room | 1 : 200

Building Material Sales S S P Retail/Office | 1 : 300

Outdoor Storage | 1 : 2,000

Car Wash, Full Service P P Wash bays + 5 queue spaces

Car Wash, Self Service S P Wash bays + 2 queue spaces

Carpentry Shop P P 1 : 400

Catering Service S P P P 1 : 400

Ceramic, Pottery, or Glass Studio S S S P P S S S S Retail/Office | 1 : 400

Warehouse | 1 : 1,000

Child Care Home (≤6 Children) P P P S S S P P P S S S S Based on dwelling type

Child Care Home (6+ Children) S S S S S S Based on dwelling type

Child Care Facility (Daycare) S S S P P P S S S S S S 1 : 400 + 1 : employee

Child Care Facility (Children’s Home) S S S S S 1 : 7 children

Church or Other Place of Worship, including Parsonage/Rectory

P P P P P P P P P P P P P P P P P P P Non-Fixed Seats | 1 : 150 or

Fixed Seats | 1 : 4 seats

College or University S P P P P S S S 1 : 3 students +

1 : classroom

Contractors Yard or Storage Yard S P 1 : 1,000 GFA

Dance Hall, Night Club, or Live Music Venue, Indoors S S S S S S 1 : 300

Dance Hall, Night Club, or Live Music Venue, Outdoors S S S S S S S S 1 : 300 of assembly area

238

Adopted October 2, 2017

44 | Section 2. Zoning Regulations

Agr

icu

ltu

ral (

AG

) D

istr

ict

Esta

te R

esid

enti

al (

R-1

) D

istr

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Sub

urb

an R

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enti

al (

R-2

)

Dis

tric

t

On

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Tw

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amily

Res

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(R

-3)

Dis

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Tran

siti

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R-4

) D

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Urb

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R-5

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Man

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Ho

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(R-

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Nei

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-1

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Art

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Inte

rsta

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5 B

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nes

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-3)

Dis

tric

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Ligh

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al (

LI)

Dis

tric

t

Hea

vy In

du

stri

al (

HI)

Dis

tric

t

Form

Dis

tric

t 1

(F1

)

Form

Dis

tric

t 3

(F3

)

Form

Dis

tric

t 3

H (

F3H

)

Form

Dis

tric

t 4

(F4

)

Form

Dis

tric

t 4

H (

F4H

)

Form

Dis

tric

t 5

(F5

)

Form

Dis

tric

t 5

H (

F5H

)

Par

kin

g R

equ

irem

ent

(sp

aces

: in

crem

ent)

Dance, Music, or Drama Studio S S S P P P P S P S P P 1 : 400

Distillery, Macro S-9 P-9 P-9 Office | 1 : 400

Distilling | 1 : 1,000

Distillery, Micro S-9 S-9 P-9 P-9 S-9 S-9 S-9 S-9 Office | 1 : 400

Distilling | 1 : 1,000

Donation or Recycling Collection Point P-13 P-13 P-13 P-13 P-13 P-13 P-13 N/A

Electrical Power Substation P P P P P P P P P P P P P P P P P P P N/A

Equipment Sales S P 1 : 500 of building

Farmer’s Market P S S S S S S S S S S S P S S S S S S N/A

Feed Store S S P 1 : 300

Fix-It Shop, Bicycle Repair, Blade Sharpening, Small Engine Repair

S P P P P P P P 1 : 400

Food Truck Park S-14 S-14 S-14 S-14 S-14 S-14 S-14 S-14 S-14 N/A

Fuel Pumps (Accessory Use) S-15 P-15 P-15 P-15 P-15 S-15 S-15 S-15 N/A

Furniture Repair and Upholstering Shop S P P P P P P P 1 : 400

Gasoline Filling or Service Station/Car Wash P-15 P-15 P-15 P-15 P-15 P-15 P-15 Fueling bay spaces +

Grocery, Convenience Store requirement

Grocery, Convenience Store S S S P P P P S S S S S S 1 : 300

Grocery, Market P P P P P P S S S S S 1 : 300

Grocery, Supermarket P P P P P 1 : 200

Gym or Health/Fitness Center P P P P P P P 1 : 300

Heavy Industrial or Manufacturing Operations P-16 Office | 1 : 400

Warehouse | 1 : 1,000

Heliport or Helistop S-17 S-17 S-17 S-17 5 spaces for commercial

pads

Home-Based Business P-18 P-18 P-18 P-18 P-18 P-18 P-18 P-18 P-18 P-18 P-18 P-18 P-18 P-18 P-18 P-18 P-18 N/A

Hospital, Acute Care P P P 1.5 : bed

Hospital, Chronic Care P P P P 1.5 : bed

Hotel, Full Service S P P P S P S

1.1 : guest room +

1 : 8 seats for meeting room/restaurant

Hotel, Limited Service S S S S S S 1.1 : guest room

Hotel, Select Service S S P S S S S

1.1 : guest room +

1 : 8 seats for meeting room/restaurant

239

Adopted October 2, 2017

Subsection 2.06. Zoning Use Regulations | 45

Agr

icu

ltu

ral (

AG

) D

istr

ict

Esta

te R

esid

enti

al (

R-1

) D

istr

ict

Sub

urb

an R

esid

enti

al (

R-2

)

Dis

tric

t

On

e &

Tw

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amily

Res

iden

tial

(R

-3)

Dis

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t

Tran

siti

on

al R

esid

enti

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R-4

) D

istr

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Urb

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R-5

)

Dis

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Man

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Ho

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(R-

MH

) D

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Nei

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s (B

-1

) D

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Art

eria

l Bu

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(B-2

) D

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Inte

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5 B

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s (B

-3)

Dis

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Ligh

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LI)

Dis

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t

Hea

vy In

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stri

al (

HI)

Dis

tric

t

Form

Dis

tric

t 1

(F1

)

Form

Dis

tric

t 3

(F3

)

Form

Dis

tric

t 3

H (

F3H

)

Form

Dis

tric

t 4

(F4

)

Form

Dis

tric

t 4

H (

F4H

)

Form

Dis

tric

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(F5

)

Form

Dis

tric

t 5

H (

F5H

)

Par

kin

g R

equ

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(sp

aces

: in

crem

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Institution for the Care of Alcoholic, Psychiatric, or Narcotic Patients

S P 1 : 2 patients

Laundry, Commercial P P 1 : 800

Laundry, Dry Cleaning Drop-Off/Pick-Up P P P P S P P 1 : 400

Laundry, Self-Service S P P P S P P 1 : 400

Library P P P P P P P P P P P P P P P P P P P 1 : 500

Light Industrial and Assembly Processes S P P Office | 1 : 400

Warehouse | 1 : 1,000

Liquor Store P-12 P-12 1 : 300

Medical Clinic P P P P P P P P P 1 : 400

Mixed Use P-19 P-19 P-19 P-19 P-19 P P P P P Based on use type

Movie Theatre or Cinema S P P P S S S S 1 : 4 seats

Nondepository Financial Institution/Payday Lending Establishment

P-20 P-20 P-20 P-20 P-20 1 : 400

Office, Professional, Medical, or Business P P P P P S P S P P 1 : 400

Outside Display P-21 P-21 P-21 P-21 P-21 P-21 N/A

Outside Storage S-22 S-22 S-22 S-22 1 : 2,000 of Outside Storage

Park, Playground, or Community Center, Public P P P P P P P P P P P P P P P P P P P N/A

Parking Area, Public S S S S S S S S S S S N/A

Parking Structure S S S S S S S P S S S S S N/A

Pawn Shop P P 1 : 300

Plumbing or Heating/Cooling Store P P 1 : 400

Police, Fire, or Emergency Medical Services Station P P P P P P P P P P P P P P P P P P P N/A

Portable Building Sales S P 1 : 500 of building

Printing Press/Duplication Shop or Mailing Center S P P P P S S S S 1 : 400

Prisons or Detention Facilities S S 1 : employee +

1 : 15 cells

Public Facilities for Local, State, or Federal Government

P P P P P P P P P P P P P P P P P P P N/A

Radio or TV Station S P P P 1 : 400

Recreational Vehicle (RV) Park S 0.5 : RV bay

Research and Development Laboratory (Life Sciences) P P S S S S 1 : 500

Research and Development Laboratory (Technology) P P P P S S S S 1 : 500

Restaurant or Cafeteria, with Curb or Drive-Thru Service

S-12 S-12 P-12 P-12 S-12 S-12 1 : 200

240

Adopted October 2, 2017

46 | Section 2. Zoning Regulations

Agr

icu

ltu

ral (

AG

) D

istr

ict

Esta

te R

esid

enti

al (

R-1

) D

istr

ict

Sub

urb

an R

esid

enti

al (

R-2

)

Dis

tric

t

On

e &

Tw

o F

amily

Res

iden

tial

(R

-3)

Dis

tric

t

Tran

siti

on

al R

esid

enti

al (

R-4

) D

istr

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Urb

an R

esid

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al (

R-5

)

Dis

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Man

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Ho

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(R-

MH

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Nei

ghb

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d B

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s (B

-1

) D

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Art

eria

l Bu

sin

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(B-2

) D

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Inte

rsta

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5 B

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s (B

-3)

Dis

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Ligh

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al (

LI)

Dis

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t

Hea

vy In

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stri

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HI)

Dis

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Form

Dis

tric

t 1

(F1

)

Form

Dis

tric

t 3

(F3

)

Form

Dis

tric

t 3

H (

F3H

)

Form

Dis

tric

t 4

(F4

)

Form

Dis

tric

t 4

H (

F4H

)

Form

Dis

tric

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(F5

)

Form

Dis

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H (

F5H

)

Par

kin

g R

equ

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(sp

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: in

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Restaurant or Cafeteria, without Curb or Drive-Thru Service

P-12 P-12 P-12 P-12 S-12 P-12 S-12 P-12 P-12 1 : 200

Retail Store, Big Box S P 1 : 300

Retail Store, Shop P P P P P P P P 1 : 300

Rodeo S Non-Fixed Seats | 1 : 300 or

Fixed Seats | 1 : 4 seats

School, Career S P P P P P P P 1 : 3 students +

1 : classroom

School, Private or Public P P P P P P P P P P P P P P P P P P P Ele./Middle | 2 : classroom

Senior High | 8 : classroom

Seamstress or Tailor Shop P P P P S P S P P 1 : 400

Seasonal Sales S S S S S N/A

Shoe Repair Shop P P P P P P P P P 1 : 400

Shooting Range, Indoor P P P 2 : shooting lane

Shooting Range, Outdoor S S 2 : shooting lane

Stable, Boarding S S S 1 : 2 stalls

Stable, Commercial S S S 1 : 2,000 of site area

Stadium or Play Field (with lighting) S S S S S S S S S S S S S S S S S S S N/A

Stadium or Play Field (without lighting) P P P P P P P P P P P P P P P P P P P N/A

Storage Units, Mini S S P 1 : 40 units

Tattoo Studio P P S S S S 1 : 400

Taxi Garage or Dispatch P P P S S S 1 : 400

Telephone Exchange (No Offices or Storage Facilities) P P P P P P P P P P P P P P P P P P P N/A

Temporary Building P-23 P-23 P-23 P-23 P-23 P-23 P-23 P-23 P-23 P-23 P-23 P-23 P-23 P-23 P-23 P-23 P-23 P-23 P-23 1 : 1,000

Warehouse P P Office | 1 : 400

Warehouse | 1 : 1,000

Wholesale Center S P Office | 1 : 400

Warehouse | 1 : 1,000

Winery, Macro S-9 P-9 P-9

Office | 1 : 400

Winery | 1 : 1,000

Tasting Room | 1 : 200

Winery, Micro S-9 S-9 P-9 P-9 S-9 S-9 S-9 S-9

Office | 1 : 400

Winery | 1 : 1,000

Tasting Room | 1 : 200

Woodworking and Planing Mill P 1 : 1,000

Wrecking or Auto Salvage Yard P Office | 1 : 400

Yard | 1 : 2,000

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40 | Section 2. Zoning Regulations

2.05.05. Form Districts (F1, F2, F3, F3H, F4, F4H, F5, F5H)

A. Intent

The purpose of the form districts is to increase

the range of options for development in select

nodes within Buda while still preserving the

character and appearance of Buda by regulating

the form of the development. The form model is

used to establish the intent and general scale of

development. Each of the eight (8) form districts

has corresponding regulations. There are eight

(8) form districts:

1. Form District 1 (F1) contains minimal

development aside from those functions

related to recreation and community

gathering. Form District 1 (F1) is intended to protect the most sensitive landscapes, ecosystems and

habitats within Buda and ensure public access to Garlic Creek and Onion Creek.

2. Form District 2 (F2) - Reserved.

3. Form District 3 (F3) supports a mix of small-to-medium sized building types with predominantly

residential uses on an interconnected street network.

4. Form District 3H (F3H) supports a mix of small-to-medium sized building types with predominantly

residential uses within Buda’s Historic Downtown. Development in Form District 3H (F3H) must

match the existing character and form of the existing fabric of Buda’s Historic Downtown.

5. Form District 4 (F4) consists of a mixed-use urban fabric. It may have a wide range of building types,

setbacks and street types and can be used to transition from higher to lower intensity development.

The intent of Form District 4 (F4) is to reinforce appropriate scale development and encourage uses

that are compatible with existing residential and provide a transition from a residential

neighborhood to a mixed use core.

6. Form District 4H (F4H) consists of a mixed-use urban fabric within Buda’s Historic Downtown.

Development in Form District 4H (F4H) may have a wide range of building types, setbacks and street

types and can be used to transition from higher to lower intensity development but must match the

existing character and form of the existing fabric of Buda’s Historic Downtown.

7. Form District 5 (F5) consists of higher density mixed-use buildings that accommodate retail, offices,

townhomes and apartments. It should have a tight network of streets, with wide sidewalks, steady

street tree planting and buildings set close to the sidewalks.

8. Form District 5H (F5H) preserves the existing historic commercial buildings and new compatible

infill to accommodate retail, offices, townhouses and apartments. It should have a tight network of

streets, with wide sidewalks, steady street tree plantings and buildings set close to the sidewalks

and must match the existing character and form of the existing fabric of Buda’s Historic Downtown.

B. Procedures and Standards: Subsection 2.08. Form Based Code.

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F. Form District 4H (F4H)

1. Intent

Form District 4H (F4H) consists of a mixed-use urban

fabric within Buda’s Historic Downtown.

Development in Form District 4H (F4H) may have a

wide range of building types, setbacks and street

types and can be used to transition from higher to

lower intensity development but must match the

existing character and form of the existing fabric of

Buda’s Historic Downtown. These standards apply to

parcels zoned Form District 4H (F4H) within the

boundaries of the Historic Overlay (O-H) District.

2. Form District 4H (F4H) Standards

The following table establishes the standards that apply to all development within the Form District

4H (F4H). In the event that a single block contains more than one zoning district, the most

restrictive requirement applies.

Block Size Standards

Block Length (max) 650 ft

Block Perimeter (max) 2000 ft

Impervious Coverage Standards

All Development (max) 70% or standards in Subsection 4.05. Environmental Protection and Water Quality Regulations if applicable.

3. Allowed Street Types

Allowed Street Types Standards

Section B – Community Boulevard 2.08.05. B

Section C – Neighborhood Boulevard 2.08.05. C.

Section E – Community Connector Street 2.08.05. E.

Section G – Neighborhood Connector Street 2.08.05. G.

Section H – Neighborhood Local Street 2.08.05. H.

4. Allowed Building Types

Allowed Building Types Standards

Single Family Detached 2.08.07. B.

Accessory Building 2.08.07. C.

Duplex 2.08.07. D.

Multiplex 2.08.07. E.

Townhouse 2.08.07. F.

General Building* 2.08.07. G.

Mixed Use Building* 2.08.07. I.

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G. General Building (F4, F5, F5H)

Lot Dimensions F4/F4H* F5 F5H

A1. Area (min) 5000 ft 4500 ft 4000 ft

A2. Width –interior (min)

50 ft 45 ft 30 ft

A2. Width – corner (min)

55 ft 40 ft 35 ft

A3. Depth (min) 100 ft 100 ft 150 ft

A4. Building Coverage 60% 75% 60%

A5. Impervious Coverage

75% 90% 75%

Building Setbacks F4/F4H* F5 F5H

B1. From primary street (min)

0 ft 0 ft 0 ft

B2. From side street (min)

10 ft 5 ft 5 ft

B3. From side lot line (min)

0 or 5 ft 0 or 5 ft 0 or 5 ft

B4. From rear lot line (min)

15 ft 10 ft 10 ft

Parking Setbacks F4/F4H* F5 F5H

C1. From Primary Street (min)

50 ft 50 ft 50 ft

C2. From Side Street (min)

5 ft 5 ft 5 ft

C3. From side lot line (min)

0 ft 0 ft 0 ft

C4. From rear lot line (min)

5 ft 5 ft 5 ft

Build-to Zone F4/F4H* F5 F5H

D1. Primary Street (min/max)

B1. /B1. plus 10 ft

D2. Building Width in Build-to (min)

80% 90% 90%

Height F4/F4H* F5 F5H

E1. Primary Building (max)

45 ft 45 ft 35 ft

Transparency F4/F4H* F5 F5H

F1. Ground Story (min) 20% 30% 30%

F2. Upper Story (min) 15% 20% 20%

Pedestrian Access F4/F4H* F5 F5H

One pedestrian entrance must front onto Primary Street.

Vehicular Access F4/F4H* F5 F5H

Vehicular access should be located off of the alley or secondary street. Vehicular access should be discouraged off of the primary street.

Frontage Types F4/F4H* F5 F5H

Shopfront, Gallery, Arcade, Slip Road Parking

*Building type permitted in F4H where not located within the Historic

Overlay.

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2.10.12. Development in the Gateway Corridor Overlay (O-G) District

A. Intent

See 2.05.02. Gateway Corridor Overlay (O-G) District.

B. Applicability

Unless otherwise stated in this section, the following regulations apply to all non-single family

properties within the Gateway Corridor Overlay (O-G) District in addition to the regulations of each

underlying base district. In the event of a conflict, the more restrictive regulations shall apply.

C. Buildings and Site Development

1. Buildings

Buildings shall be set back no more than five (5) feet beyond the minimum front yard setback

of the underlying base district, unless site restrictions prohibit such placement as determined

by the City Engineer. This setback is measured by the portion of the building face closest to the

street.

Buildings with a ground floor area of larger than thirty thousand (30,000) square feet shall be

designed to appear as separate but attached

buildings through the use of building material

changes, wall plane/horizontal articulation, and

roofline/vertical articulation.

The primary entrance for all buildings and

ground-level leasable space shall be accessed by

the front sidewalk.

Windows shall comprise between fifty (50) and

eighty (80) percent of each ground-level building

elevation visible from the public right-of-way or

accessible by sidewalk.

2. Parking

All parking shall be located behind the building.

If covered parking is provided for vehicles, at least fifty (50) percent of the bicycle parking shall

be covered.

3. Streetscape

Sidewalks at least six (6) feet in width shall be provided.

Retail buildings shall have canopies spanning seventy-five (75) percent of the frontage and

extending over the sidewalk at least six (6) feet.

Figure 52. Larger Building Designed to Appear as Separate Buildings

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D. Land Use

Uses shall be permitted in the Gateway Corridor Overlay (O-G) District as shown in 2.06.05. Use Chart,

with the exception of those the as shown in Table 29.

Table 29. Uses Permitted in the Gateway Corridor Overlay (O-G) District

Use Classification B-1 B-2 B-3 LI HI

Automobile or Other Motorized Vehicle Sales

S P

Automobile Service Garage (Major)

S P

Automobile Service Garage (Minor)

S P

Car Wash, Full Service S S P P

Car Wash, Self Service

P P

Equipment Sales

S P

Equipment Storage Building or Structure (Pertaining to Wireless Facilities)

S S P

Feed Store

S S S

Restaurant or Cafeteria, with Curb or Drive-Thru Service

S S P P

Storage Units, Mini

S P

Warehouse

S P

Woodworking and Planing Mill

S

Adult Entertainment

Heavy Industrial or Manufacturing Operations

Heliport or Helistop

Laundry, Commercial

Manufactured Home Sales

Pawn Shop

Portable Building Sales

Taxi Garage or Dispatch

Wrecking or Auto Salvage Yard

Nondepository Financial Institution/Payday Lending Establishment

* All conditions listed in 2.06.06. Conditional Standards remain applicable

E. Alternative Compliance Option

A request for the following Alternative Compliance options may be submitted and acted upon in

accordance with 2.11.01. Alternative Compliance:

1. Consider granting credit for existing plant material.

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FUTURE LAND DEVELOPMENT PLAN FOR BUDAThe Future Land Development Plan (FLDP) provides a map indicating future land development preferences and guidance to City staff, elected offi cials, the public, and private developers on why and how land should be developed and used for certain areas of the community.

So how do the Vision, Guiding Values, and Goals of Buda 2030 infl uence the way Buda is developed? That’s what the FLDP works to accomplish. While the City of Buda can act, encourage, and make decisions about how it operates and the programs it provides, it has limited capacity to infl uence the private development community. The primary tool the City has to directly infl uence how Buda grows is through development regulations. The FLDP makes the leap from protecting character, environment, connectivity, livability, identity, culture, and so on to having that refl ected in the built environment.

The Future Land Development Plan does not constitute zoning regulations or establish zoning district boundaries. The FLDP is intended to provide guidance for making decisions on zoning regulations and zoning district boundaries.

How is the FLDP formed?The FLDP is different from the typical future land use plans/maps in that it is not based on use. Use-based land use planning tends to create isolated uses with little or no compatibility with the surrounding community, creating a segregated and disconnected pattern of development. This goes against every goal of Buda 2030 and of the Buda community.

Rather, the FLDP focuses on the attributes of different areas of Buda and lets that be the driving factor in how land is developed rather than how it is used. This results in a “character district” approach where existing conditions and environmental factors infl uence the appropriate development patterns and types, and sometimes uses for different areas of the city. This approach better relates the goals and guiding values of Buda 2030 to land use by involving urban design, compatibility standards, and connectivity.

So, what happened to use?Use hasn’t been dropped from the FLDP. Rather, development character or patterns are emphasized over use. So why is use not emphasized as much in the FLDP? Use is de-emphasized because in many cases it’s not as important as the character of development.

Buda 2030 uses a character district method to encourage a greater mixture of compatible uses in proximity to each other, but developed in a manner that enhances the overall community of Buda. Within these districts, Buda 2030 has identifi ed potentially compatible and incompatible land uses. For example, in the industrial area, business parks and related developments are compatible with industrial uses, but residential is not. Likewise, in mixed use districts, restaurants, coffee shops and professional offi ces may all mix with apartments and townhomes.

What are the components of the FLDP?The FLDP is comprised of three primary components:

General Land Development Policies refl ect the Guiding Values that were developed through public input and that represent the goals of the community (see Chapter 4). These are general statements meant to guide decisions in all areas of the city and to promote the overall vision of Buda.

The entire planning area is divided into one of six Character Districts. These districts are based on the existing environmental characteristics and existing use of the land.

Overlaying these Character Districts are fi ve types of Mixed Use Nodes. The type and location of each node is based on the Character District, the surrounding development. These nodes differ primarily in density, but also somewhat in appropriate uses within the nodes.

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es GENERAL LAND DEVELOPMENT POLICIESGeneral land development policies are general statements that refl ect the Vision, Guiding Values, Goals, Objectives, and Actions of Buda 2030. They apply to all land development decisions, regardless of what Character District or Mixed Use Node the property is located. They are intended to provide general guidance on decisions related to land development.

Growth Management1. New developments must be compatible with existing

development and community character.

2. New development must maintain the small-town character, look, and feel of Buda.

3. Construct infrastructure in appropriate corridors and growth areas as identifi ed in Buda 2030.

4. New development must occur in a fi scally responsible manner.

5. Direct development within the existing incorporated area and where infrastructure already exists.

Environmental Protection1. Preserve and protect creeks, rivers, waterways, and fl oodplains.

2. Preserve and protect the quality of surface water and ground water resources and other hydrologically-active areas.

3. Cooperate with area governmental entities to ensure suffi cient water quantity and quality.

4. Seek public acquisition of open space or develop conservation development options for areas of environmental sensitivity.

5. Preserve and protect air quality.

6. Protect agricultural and ranch lands. Work with land owners who are interested in conservation easements or transfer of development rights.

7. Promote and incentivize water conservation practices.

8. Promote dense, cluster development in order to protect natural features.

Economic Development1. Seize economic opportunity along IH 35 and along major

arterials.

2. Promote quality development that is compatible with neighboring areas.

3. Promote development that is consistent with community character.

4. Enhance downtown as economic development component for area residents and visitors.

5. Promote economic development consistent with other goals, objectives, and land use policies.

6. Promote sustainable and effi cient business practices.

7. Promote businesses that diversify the Buda economy.

Housing1. Provide housing options for all stages of life and all

income levels within Buda.

2. Improve existing housing stock.

3. Ensure safe housing construction.

4. Ensure housing is compatible with existing neighborhoods and land uses.

5. Promote sustainable and effi cient housing developments.

Parks and Recreation1. Connect existing and future parks.

2. Ensure maintenance and safety of parks and recreation resources

3. Provide open space, parkland, trails, and recreation opportunities in proximity to the maximum number of residents possible.

4. Use linear open space along creeks and fl oodplains for trails as a way to provide connectivity throughout Buda.

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| general land development policies

Transportation1. The design of streets should refl ect the character of the

community and surrounding environment.

2. Provide more east-west connectivity.

3. Reduce truck traffi c through downtown and encourage alternative routes south of downtown.

4. Provide for safe and ample pedestrian connectivity throughout new and /or existing developments.

5. Provide for safe options in travel, including walking, bicycling, automobile, and mass transit.

6. Improve access across and under IH 35.

7. Ensure that streets and thoroughfare networks are designed with a focus on interconnectivity to provide ample, safe, and appropriately-scaled access throughout and between neighborhoods and to commercial areas.

8. Ensure that appropriate levels of parking are provided for commercial, offi ce, and retail developments in a way that does not deter ease of pedestrian access or compromise the character of the development and surrounding area. Don’t “overpark” if not necessary.

9. Utilize safe and integrated access management.

Urban Design1. Encourage and provide incentives for mixing land uses.

2. Establish neighborhoods as the primary organizing element, each including civic spaces, access to commercial districts, connectivity, and a variety of housing densities and types.

3. Develop compatibility standards for adjoining land uses (e.g., transition zones).

4. Develop streetscape design criteria to ensure safe and desirable pedestrian access and community attractiveness.

5. Utilize design criteria to regulate physical and aesthetic characteristics of the built environment to emphasize the visual integrity of the community.

6. Signage should not detract from the visual integrity of the community.

7. Lighting associated with signs, parking lots, or any development should not pose a safety, environmental, or aesthetic concern, particularly as it relates to the impact on existing or new residential development.

8. Neighborhoods should be designed with a high level of connectivity to provide options in transportation routes as well as promote alternative choices in modes of transportation such as walking or bicycling.

Civic Facilities1. Civic buildings and spaces should be given accessible,

prominent sites.

2. Schools - particularly elementary schools - should be the physical and social center of a neighborhood or group of neighborhoods and located within safe and easy walking distance from the maximum number of dwelling units possible.

3. Civic facilities should be accessible to the public.

Historic Preservation1. Preserve and enhance historic areas throughout the city.

2. Preserve the community character.

3. Use history to promote tourism and economic development.

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| character districtsCHARACTER DISTRICTS

The following Character Districts provide specifi c principles of development patterns, urban design, and planning that supplement the General Land Use Policies. Every tract of land within the study area falls within a unique character district because of various cultural, environmental, land use, or infrastructure issues. Specifi c principles have been applied that refl ect the unique qualities of each district and protect and enhance their attributes. Six Character Districts have been identifi ed.

Green Growth DistrictThe goal of the Green Growth District is to balance growth and transportation pressures while protecting the environmental assets and maintaining the natural character of the district.

The Green Growth District is characterized primarily by the environmental sensitivity and natural features of this area. Large heritage trees dot the landscape, and Onion Creek and Garlic Creek meander through the district, carving hills and texture into the land and creating view points and vistas. Signifi cant portions of the district fall within the Edwards Aquifer Recharge and Transition Zones, and development and activity in these areas can impact water quality.

Development has historically been low-density and rural in character, with homes on very large lots. In recent years, agricultural land has transitioned into mid to high-priced single-family subdivisions on smaller lots, with prices refl ecting the challenge of developing in this district. The shallow Edwards Limestone formations make this area highly vulnerable to subsurface contamination from aggressive development and faulty sewer lines or on-site septic systems.

There is currently limited access to this part of Buda, with most traffi c coming from IH 35 and using one of two east/west arterials. These arterials are at capacity and no longer

In a conservation, or cluster, subdivision, development is clustered in order to preserve land.Image Sources: archone., http://archone.tamu.edu/college/news/newsletters/spring2008/stories/tabbSerenbe.html;

www.photobucket.com / danni123j

New developments should conform to the character of existing development.Image Sources: JSW/D Architects, William Helsel; Halff Associates, Inc.

Environmental and cultural resources of this area need to be protected.Image Sources: Halff Associates, Inc.

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tssuffi cient to carry the traffi c as they are currently designed. FM 1626 is emerging as a major gateway into Buda. As improvements to this roadway north toward Austin occur, it will only become more of a gateway.

Purpose The purpose of the Green Growth District is to establish protective measures for these environmental features and to protect the City’s drinking water supply. Development in this district should refl ect the goal of environmental protection. Cluster developments should be heavily encouraged, or possibly mandated in this district. Floodplains of Onion and Garlic Creek and their tributaries should be protected in perpetuity from development.

Appropriate Uses and Development TypesThe primary concern in the Green Growth District is the environmental impact of land uses and the pattern of development. Most land uses are permitted in this district, with the exception of those that could negatively impact the environment, such as manufacturing or other heavy industrial.

Environmental protection mechanisms will be instrumental for new developments in this district. Cluster developments should be heavily encouraged, or possibly mandated in this district. Allowing density bonuses in conjunction with cluster developments is appropriate for this area and will encourage use of the zoning district. Floodplains of Onion and Garlic Creeks and their tributaries should be protected in perpetuity from development. These will also create opportunities to develop trails and promote connectivity. Remaining agricultural uses should be supported. Explore community supported agriculture opportunities in this district.

New developments and roadway improvements should refl ect the rural character that is already established by existing and recent developments. The scale and design of commercial and mixed use developments should be sensitive to the rural skyline. High density residential uses should focus on clustering the footprint, rather than adding to height. Existing natural features such as trees, greenbelts,

and creeks should be protected when sites are developed to the fullest extent possible.

As mentioned, the arterials west of IH 35 are in need of redesign to increase capacity (such as FM 967). When TXDOT, Hays County, and the City of Buda move forward on these efforts signifi cant attention needs to be given to how these roadway improvements will affect the character of this area. Creative design such as context sensitive solutions and complete streets need to be considered in the design of future road widening in this district so as to minimize the impact on the character of this area while also enhancing the level of transportation services.

Emerging Growth DistrictThe goal of the Emerging Growth District is to avoid typical sprawl by planning for residential growth while maintaining a sense of community, and also providing for the needs of new residents for retail and service uses, park and recreation opportunities, and pedestrian and bicycle access.

Growth east of IH 35 is a relatively new phenomenon for Buda. In 2002, only 107 acres of this district was in the Buda corporate limits (7.5% of the then incorporated city limits), and in 2010, 12.1% of the incorporated city limits is east of IH 35. This portion of the study area is rapidly being platted for development, and with new development comes the opportunity for the City to shape that new development.

Much of this land is agricultural land transitioning into residential subdivisions. There are fewer environmental concerns. Rather, the more pressing concern is the fast pace of development in this district and the fl eeting opportunity to infl uence it.

IH 35 has the potential to be a physical barrier between the

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| character districtsolder areas of Buda and this newly growing area. Already, residents in this area feel disconnected from the City and the rest of the community.

The City also has the opportunity to infl uence the transportation network in this area of the city. Turnersville Road has the potential to become a major gateway into this portion of the city, with access from SH 45 and SH 130. As is applicable to the community at large, provide a transportation system that enables choices in modes of transportation and that refl ects and enhances a sense of quality.

Purpose The purpose of the Emerging Growth District is to plan for residential growth in a way that promotes community and a strong sense of place and identity. Development should provide for the needs of new residents, such as retail and service uses, civic needs, parks and recreation opportunities. Access should incorporate needs for pedestrians and bicyclists to give residents choices in how they get around.

Appropriate Uses and Development TypesThe primary concern in the Emerging Growth District is the ease of development in this district and the potential for rapid and rampant development which may not promote the goals and desires of the community. Take advantage of the “clean slate” of undeveloped and unhindered landscape to infl uence development patterns. The extensive development potential of this district gives the City the opportunity to infl uence the design and pattern of development. Residential development has followed typical sprawl design. Since much of this district is still outside of the Buda corporate limits, the city has limited regulatory power to infl uence development patterns. However, it can use the power of persuasion to infl uence development.

New multifamily apartments in the Emerging Growth District.Image Sources: Halff Associates, Inc.

New development is aggressive in this area.

The new Sunfi eld subdivision will add nearly 10,000 new homes.

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tsStrongly encourage a more varied mix of housing types in this district, mixing multifamily, townhomes, garden homes, apartments, and single-family housing types within neighborhoods. While there are fewer environmental concerns in this district, that should not prevent efforts to provide open space and recreational opportunities and connectivity via plazas and linear greenbelts.

Residential amenities and services should be located within easy and safe walking distance from residential units. Allow the appropriate mix and proximity of neighborhood-scale retail and offi ce uses with residential uses. The maximum number of residential units should be located within a quarter-mile of parks, trails, and open space amenities, with a goal of 100% of the units. Neighborhood design should promote walking and bicycling by residents within and between neighborhoods. Schools - particularly elementary schools - should be the physical and social center of a neighborhood or group of neighborhoods, being easily accessible and available to the maximum number of residents possible.

Agricultural uses should be protected where appropriate. Community supported agriculture programs and gardens will help build a strong community and social network in this area of Buda.

With easy access to SH 45 and SH 130, certain low-scale and low-intensity distribution and manufacturing industries may be appropriate in some locations - particularly where the Emerging Growth District meets the Business Growth District. Where these types of businesses are brought forward, signifi cant attention must be given to the compatibility of these businesses with the residential character of the Emerging Growth District, as well as how these developments impact, relate to, and transition into the residential areas.

When designed and scaled properly, various housing types and uses can be developed in proximity to one another.Image Source: Halff Associates, Inc.

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| character districtsIndustrial Employment DistrictThe goal of the Industrial Employment District is to provide the needed services and facilities to enable major industrial activity in Buda while being sensitive to future land uses.

Heavy industrial use is the dominant use in this district. The industrial companies own much of the land in this district, so this activity is expected to continue for a long time into the future. Special infrastructure accommodations are necessary in this district, including access for 18-wheel trucks and suffi cient water and wastewater infrastructure to support operations.

Much of this district is located over the Edwards Aquifer, requiring conservation practices and mechanisms to protect the natural features and water quality of this area.

Purpose The purpose of the Industrial Employment District is to provide a space for the mining industry that is typically incompatible with many other uses, yet contributes signifi cantly to the local economy. Appropriate public infrastructure should be installed to support these businesses, yet the businesses should practice in a way that has minimal impact on the environment and that is sensitive to future land uses once these industries are retired.

Appropriate Uses and Development TypesWhile these types of manufacturing uses have signifi cant incompatibility issues with many other uses, they are major employers in the Buda area, signifi cantly contributing to the tax base and economy of Buda. Given this, these businesses should be supported as long as they contribute to the local economy. To avoid confl icts with other uses, avoid mixing incompatible land uses such as residential uses near these businesses.

Signifi cant attention should be given to how this district interacts with surrounding Character Districts, focusing on transition zones at the edges of this district. Landscaped buffer zones will be appropriate in this district to both buffer the visibility of these uses, but also the noise they generate. There are some uses that may be appropriate in this district, such as other manufacturing, distribution, or industrial uses, and some commercial uses that support these business types. Compatibility standards will need to be established between these uses to mitigate confl icts in land use.

The dominant use in this area is industrial, which is incompatible with many other uses.Image Source: Halff Associates, Inc.

Enhance the look of business and industrial park developments to enhance the aesthetics of this district.Image Source: www.tascoconstruction.com; Spillman Farmer Architects

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tsBecause parts of this district are over the Edwards Aquifer, environmental protection mechanisms and practices will need to be used to regulate the environmental impact of these industries. In particular, water treatment and discharge should be carefully monitored to not contaminate surface or ground water sources. Encourage and support efforts by these industries to use practices that go beyond the state and federal standards for environmental protection and water quality.

Transportation needs for these industrial activities include a signifi cant level of heavy truck traffi c that will need to connect with IH 35 as directly as possible. It is also important to avoid channeling this traffi c through urban residential and retail areas to the north. New east-west roadway alignments are under construction or in planning phases to complete this bypass for trucks.

Business Growth DistrictThe goal of the Business Growth District is to identify opportunities for business growth and expansion in Buda. Plan and regulate development in this district to maximize compatibility among different land uses.

Land in this area is currently agriculture, but transitioning into urban development. It is part of the Sunfi eld master plan and designated for commercial, business, and research park uses. These are appropriate uses for this property as it has easy access to both IH 35 as well as SH 45. Given its proximate location to these transportation corridors, it is a prime location for economic development and business attraction to Buda.

Some of this study area is also located within Austin’s ETJ. Given Austin’s goals to focus growth over a small footprint, the City of Austin may be willing to work with Buda to transfer this area that is far from their core to Buda’s jurisdiction.

Develop high quality offi ce buildings and business parks that respects the natural environment and promotes goals of Buda 2030.Image Source: Halff Associates, Inc; C/S Corporate, www.c-sgroup.com

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| character districtsPurpose The purpose of this district is to capitalize on the opportunities for economic and business development given this district’s accessibility location to major transportation corridors.

Appropriate Uses and Development TypesEfforts for this district should focus on developing it as an employment center for Buda, mixing various uses within proximity to one another. Given the lack of existing development, the impact of new developments will be less intrusive, giving property owners and the City the opportunity to increase density.

Mixing jobs, housing, commercial, and civic uses will enable residents of this district to live, work, shop, and play all in this part of Buda. Attract research and development companies, higher education institutions, and services for small or local business development to locate their offi ces in this district.

Strong connectivity of the transportation network, including streets and paths, will enable people to easily access each destination without the need for vehicles. Access to SH 45 and IH 35 should be enhanced, yet still incorporate complete street and context sensitive solution principles in the design of streets.

Carefully identify compatible uses for adjacent and mixed use developments within an area. Compatibility standards and transition areas will need to be established between uses that may encounter confl icts. Use form-based development regulations for these areas to address these transition areas. For businesses requiring truck traffi c, utilize transportation regulations to minimize the impacts of this traffi c on less intense uses, as truck routes or no-truck zones.

As is applicable to all areas of Buda, continue to incorporate the environmental features of the land into developments and encourage sustainable practices such as natural resource protection, water conservation, and low energy consumption.

Mix uses to allow residents to live, work, play, and shop all in this area of Buda.Image Source: Halff Associates, Inc.

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This district includes the original town of Buda (Old Town) and other early neighborhoods of the City that were developed before the more recent period of growth Buda has been experiencing. This district encompasses historic areas and scenic roadways, and low density residences and commercial buildings.

These neighborhoods are sensitive to this recent boom in growth, fearing the increase in congestion, increased density, and changing development types will negatively impact their neighborhoods. Any future development within this district must be carefully and thoughtfully planned and designed in order to be compatible with the existing uses and building form.

As the Interstate Corridor has grown, connectivity and transition zones between the Heritage District and the Interstate Corridor have not been emphasized. These neighborhoods do not connect well to the new developments, and large set backs or buffer areas were used rather than using transition zones where incompatible uses are adjacent.

The Heritage District has seen a signifi cant increase in traffi c with areas to the west growing. Main Street, FM 967, and FM 2770 are the only east-west connectors, all of which converge in downtown and come through this district. Also, many streets in this area were built before sidewalk requirements were included in the UDC, and with increasing traffi c this is problematic for pedestrians and bicyclists.

Moreover, as growth has occurred on the edges of Buda and surrounding area, the district is faced with latent economic activity and a need for revitalization, especially in downtown, but also along the commercial corridors spurring out of the central business district.

Purpose The purpose of this district is to provide a growth-friendly environment that does not negatively impact the existing and historic parts of Buda.

Appropriate Uses and Development TypesOvertime, the Heritage District has come to accommodate a range of uses, including different residential types mixed with a variety of offi ce, retail, and light industrial activities. These uses have found ways to co-mingle, highlighting the ability of new growth areas to relate to the Heritage District.

Preserve character of residential areas in Old Town Buda.Image Source: Halff Associates, Inc.

Main Street is an important commercial corridor in the Heritage area.Image Source: Halff Associates, Inc.

Improve the economic vitality of downtown Buda.

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| character districtsTherefore, the primary concern in this district is establishing clear and predictable compatibility standards that encourage new developments but that compliment the character of the Heritage District. Bulk, height, area, building materials, setbacks, and overall appearance of buildings and spaces should be considered for new developments and redevelopments.

Transition and connectivity must also be emphasized in this district, especially as it relates to the surrounding districts as well as internally to the area. Commit funding and identify opportunities to make connectivity improvements to the street and sidewalk network. Utilize transition zones and form-based regulations where non-compatible uses are adjacent, and program landscaped buffer areas to enable passage through them to enhance connectivity.

Strongly encourage infi ll development in this area and prioritize it over development where infrastructure does not yet exist. Regulate infi ll developments to be compatible with the existing uses and buildings. Support revitalization of this area by committing public funds and efforts to enhance the public realm, including parks, sidewalks, lighting, landscaping, and roadways.

Interstate CorridorThe goal of the Interstate Corridor is to take advantage of the economic potential of IH 35 as a commercial corridor that is compatible with surrounding uses, that establishes Buda’s identity, and that connects with surrounding uses.

The IH 35 corridor will be an important economic development tool and revenue generator for Buda. The 2002 Comprehensive Plan helped create an Interstate-35 Commercial/Offi ce Zoning District and Interstate Overlay Zone that will guide future development and public investment decisions. The district extends along the interstate from the north boundary of the study area to the south boundary. It encompasses several existing industrial and commercial developments. Improvements currently underway and recently completed of the roadway and along the corridor present the opportunity to affect change on this corridor in its general appearance as well as how it serves the residential and business community of Buda.

Portions of this corridor have yet to be incorporated into the city limits and lack the appropriate level of infrastructure to support the intensity of development recommended for this corridor.

IH 35 carries high volumes of traffi c of regular commuters as well as travellers. IH 35 is the front door for many who live in Buda and a window to those passing through. It heavily infl uences the perception and image of Buda that both residents, visitors, and passers-by have. Therefore, the general appearance of the corridor is important for this gateway.

The center at IH 35 between Main Street and Cabela’s Drive serves as a major attractor from a community-wide and even regional area. Cabela’s draws a regional clientele from across Central Texas and much of the State, while HEB and Walmart serve the more local residents of

Create pleasant, friendly places to walk, sit, and visit along Main Street.Image Source: www.pedbikeimages.org / Dan Burden

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tsBuda. As development has occurred along this corridor, little attention has been given to how it relates to and impacts the surrounding neighborhoods and developments.

Purpose The purpose of this district is to create the infrastructure and support developments that take advantage of the economic opportunities that IH 35 provides. The district should promote economic opportunities such as business and retail service growth and expansion while also improving the look of the corridor to refl ect Buda’s identity.

Appropriate Uses and Development TypesIntense development along the Interstate Corridor is appropriate to take advantage of the economic opportunities this corridor presents. The current zoning code refl ects that desire to concentrate dense commercial development along this corridor. Maximize on the traffi c volumes and visibility of the corridor to attract businesses. Dense multi-family housing is also appropriate for this corridor.

Design standards that regulate building articulation, landscaping, and building material will help shape the visual appearance of developments, improving the aesthetic nature of this corridor. Sign standards should address the visual pollution created by numerous and cluttered signs. Additionally, the City should identify opportunities to bury utility lines, which add to the cluttered look and feel of the corridor.

The corridor easily has the potential to both physically and socially divide the city between “east side” and “west side”. The City needs to take seriously the negative affects this has on the population and the vitality of neighborhoods that are “cut off” from the rest of the community. Serious efforts need to be made to address the physical barrier of the corridor by providing easy and safe access for pedestrians and bicyclists to cross the interstate. Intersections should be designed to indicate connection and fl ow, rather than a barrier that can’t be crossed.

Development along the corridor should also connect to surrounding neighborhoods and developments. New developments must be compatible with existing developments. Utilize transition zones between the Interstate Corridor and surrounding districts by scaling uses appropriately and using landscaping in a manner that communicates connectivity rather than separation.

Provide connectivity through developments along this corridor for vehicular, pedestrian, and bicycle traffi c. Connectivity should include both connections to the surrounding neighborhoods to provide access to the destinations, as well as parallel to the interstate as to connect various commercial and multi-family developments along the corridor. This will help minimize the traffi c impacts along the frontage roads created by development of the corridor.

Continue to capitalize on the eco-nomic opportunities along IH 35.

Image Sources: Halff Associates, Inc.

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MIXED USE NODESThere are fi ve types of mixed use nodes that overlay the Character Districts. Nodes are intended to designate locations where dense, mixed use developments are appropriate and should be encouraged. These nodes should emphasize walkability and be built around the pedestrian, and not the car.

Why Mixed Use?Mixed use development offers several benefi ts to a community. First, mixed use allows for the optimum use of infrastructure by combining uses that have different “peak” times for use of infrastructure and resources than if they were separated. Mixed use developments also allow for a different housing type, diversifying housing choices in Buda. Mixing uses also allows for residential units to be closer to goods, services, and civic activities, reducing the dependence on the car. This particularly benefi ts the elderly and children. It some areas, it also reduces the need for car dependency or even ownership, alleviating rising transportation costs on a household.

Mixed use developments support many other goals of Buda. Having a more walkable community improves health as people are able to be more active. Increasing walking and bicycling over car use also has a positive impact on the environmental concerns associated with automobile use. Mixed use can also be an economic development tool because it creates nodes of intense activity and commerce.

What is Mixed Use?The term “mixed use” refers to many things. It can mean mixing different specifi c uses of the same general category, like housing types. It can also mean bringing different uses near each other (which can also be called “horizontal” mixed use). This is often accomplished with planned-unit development zoning where certain areas of a master planned community are designated for commercial, others for residential, some for parks and so on. The third type of mixed use is “vertical” mixed use. Here, different uses are not only brought near, they converge with each other in dense, walkable, vibrant places.

As you’ve seen in this document, all of these defi nitions of mixed

use are appropriate and encouraged for Buda. However, the “mixed use node” of the land development plan refers primarily to the third defi nition, vertical mixed use, with elements of horizontal mixed use incorporated.

But mixed use isn’t just about bringing uses together. Rather, mixed use policies and developments have specifi c benefi ts they’re trying to achieve - walkability, more sustainable and effi cient development, reduced reliance on the car, active and vibrant places, etc. Creating a successful mixed use node means focusing on creating the environment to generate activity that makes these uses WORK together to create a place. Uses need to be compatible and mutually supportive, working to create a framework for activity, socializing, and commerce.

The design of all mixed use nodes should consider:* Scale (the intensity and density of development and uses)* Mix of housing* Walkability* Public realm* Parking* Access to environment and open space

Relation to the Character DistrictsThe type and location of each node is based on the Character District, the surrounding development. Generally, they are located where activity converges - where corridors, neighborhoods, or any other activity-generating element of the city comes together to create a “hot spot” of activity.

These nodes differ primarily in density, and somewhat in appropriate uses within the nodes. Development and appropriate uses in each node should conform to the principles of each Character District. For example, the environmental protection priorities of the Green Growth District should be evident in the development of the Community Node at FM 1626 and FM 967. Also, the Business Nodes in the Industrial Growth District should also recognize that residential is not an appropriate use in that district, and therefore seek a mix of other uses that support the businesses in the area.

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Neighborhood NodeThe neighborhood node is the lowest-scale node recommended for Buda. It is intended to be located in proximity to households to provide every-day services and products within easy walking distance to nearby residents without signifi cantly impacting the character of the area.

The catchment area for a neighborhood node should be about one to two miles. As such, uses should be tailored to meet the needs of the local vicinity as to not attract visitors at a community-wide or regional geography, which will create excessive traffi c congestion. Such uses may include a dry cleaner (pick up only), bank, small grocer, pharmacy, small restaurant, coffee shop, etc. As much as possible, neighborhood nodes should include a residential component above the groundfl oor retail or offi ce.

Neighborhood centers should be easily accessible from adjoining neighborhoods via friendly and safe pedestrian facilities. Landscaping and streetscaping should be used along access corridors to encourage walking to the center.

The scale of a neighborhood node should refl ect that of the surrounding area. It should be of medium-density, with a maximum of 3 fl oors. The retail component should account for about 30,000 to 50,000 square feet, the typical size of a neighborhood shopping center.

The Adeline Apartments in Berkeley, CA.Image Source: Mikiten Architecture

Neighborhood centers should have a mix of convenience services that people like to access daily.Image Source: Halff Associates, Inc.

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Community NodeCommunity nodes provide a greater mix of uses in a more intense development that draws from a greater area of Buda. The catchment area is larger than a neighborhood node - perhaps 4 or 5 miles.

The retail services are similar to that of a neighborhood node, but would have a larger anchor store such as a grocery store as well as additional specialized retail. Larger restaurants would also locate in community nodes.

Like in the neighborhood node, multifamily above groundfl oor retail and offi ce is recommended. Offi ce space above retail may also be appropriate if a market analysis indicates a demand for it.

Walkability to and within a community node remains an important component, as with all nodes. However, automobile access to a community node should be better planned and designed, as many visitors may be coming from beyond walking distance. Pedestrian accessibility within the node should still be emphasized over the automobile. Rather than enabling visitors to drive to each and every destination within the node, a park-once-and-walk approach should be used when designing a community node’s.

The scale of a community center is expected to be larger to accommodate more activity since it is attracting from a community-wide scale. Building height should be a maximum of 5 fl oors, with the commercial component ranging in size between 100,000 to 200,000 square feet.

Harbor Town, Memphis, TNImage Source: www.wfrc.com

The Triangle in Austin, TX has a very walkable environment within the node.

Image Source: Halff Associates, Inc.

Housing above retail.

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Business NodeA business node is similar in scale to a community node, yet signifi cantly different in terms of appropriate uses. These are recommended for the Industrial Growth District, where a concentration of industrial-type services and businesses would be appropriate.

It will be a challenge mixing uses in a business node because of the truck traffi c that might be associated with industrial-related businesses. Therefore, business nodes are expected to be primarily business or industry oriented. However, appropriate uses that may be mixed include eating establishments that target the employees of these industries, wholesale trade, various agriculture uses, and general business-support services.

It can’t be emphasized enough that housing is not an appropriate use for this district at this time since it is signifi cantly incompatible with the heavy industrial uses. The only type of housing that should be considered in this area is housing for workers. Any market analysis conducted to evaluate the demand for housing in this area should acknowledge this situation.

Flynn Road Industrial Park, Camarillo, CA.Image Source: TASCO Construction, Inc. www.tascoconstruction.com

Incorporate environmental features in business nodes.Image Source: Halff Associates, Inc.

Intergraph, Delta Business Park, Swindon, UK.Image Source: www.panoramio.com; purdey12345

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Regional NodeThe regional node is the most intense mixed-use node recommended in the Buda area. It is intended that this area of Buda - at IH 35, between Main Street and Cabela’s Drive/FM 2001 - become a regional commercial destination and offi ce center. The ideal market catchment area is about 8 to 10 miles.

The retail component would serve large markets, such as apparel, household furnishings, and other general merchandise. This center would include about 2 or 3 anchors, with several other smaller retail and service outlets.

The shopping center should be supplemented with offi ce and housing, which would help support the businesses as well as provide another housing and offi ce product type for Buda. While parts of this node have already begun developing, there are opportunities to develop infi ll to provide more density on the site and create a walkable, mixed-use node.

As this is the largest node, it is intended to have one of the most intense development scales in Buda. The commercial component should account for approximately 300,000 to 500,000 square feet, with offi ce and housing above the retail. Building height should be a maximum of 8 fl oors.

Mix professional offi ce space with housing and retail.Image Source: Halff Associates, Inc.

In this mixed use center, a Best Buy has a store under senior housing.Image Source: Payton Chung, www.fl ickr.com

Addison Circle, Addison, TX.Image Source: North Central Texas Council of Governments

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Downtown NodeThe Downtown Node is a unique node in that much of the fabric for the node already exists. Infi ll development is a crucial element to form this node. New developments, or redevelopments of existing structures should be compatible with existing developments and the character of the downtown area.

The retail component would include specialty stores unique to Buda. This would build off the capacity of downtown to attract visitors from across the state. A market study specifi cally for downtown Buda would help identify target business types and restaurants.

The scale of the downtown node should refl ect that of the historic Main Street and Old Town - quaint and intimate. This would preserve its historic integrity while also allowing the economy to thrive in downtown. Buildings should be built to a maximum of 3 fl oors, and allow for offi ce, residential, or other uses on the upper fl oors.

The north and south ends of Main Street, where the corridor meets the rail road tracks, should be anchored to encourage pedestrian movement along the corridor. Buildings should create a continuous retail edge along Main Street and Railroad Street to keep shoppers engaged in the retail environment. Empty buildings or vacant lots interrupt the streetscape and discourage pedestrian shoppers from moving onto other shops. Infi ll development should help create the continuous retail edge, with zero setback side yards, allowing for buildings to seamlessly connect.

Access should promote a park-once-and-walk environment, with parking along all of Main Street and a highly walkable and pedestrian-friendly environment. This will help encourage visitors to park further from their destination and opt to walk and ease the parking concentration issues in one block of downtown. Downtown should also be easily accessible to the residents of the surrounding neighborhoods, with sidewalks and pedestrian-friendly corridors connecting the neighborhoods and Main Street.

See the discussion on Downtown Buda in Chapter 5 for more detailed discussion on this component of the larger plan for Buda.

Identify market niches that aren’t currently available in downtown. Image Source: Halff Associates, Inc.

Support adaptive reuse efforts of downtown buildings.Image Source: Halff Associates, Inc.

Create a walkable environment in downtown Buda.Image Source: www.pedbikeimages.org / Dan Burnham

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s APPROPRIATE LAND USE TYPESAs discussed on the previous pages, the Character Districts and Mixed-Use Nodes are defi ned less by land use and primarily by the character of development. Still, the intensity of development types and land uses infl uence the character and may or may not be appropriate.

Below is a description of general development types that could exist in Buda. The following table identifi es where they are appropriate; where they are conditional based on specifi c uses and design of the property to mitigate adverse impacts; and where the development type is not appropriate. This information does not serve as a regulatory or zoning code, but is intended to guide decisions for land development.

Mixed Use developments are those that mix retail, offi ce, and residential in a dense, pedestrian friendly environment. They are intended to bring different but supportive land uses together so they are in closer proximity rather than separating them.

Regional Retail Centers include large shopping centers that have a large anchor tenant such as a big box store, grocery store, or department store, and other retail or service establishments. Regional Retail Centers tend to attract not only local residents, but also shoppers from a regional geography.

Neighborhood Shopping Centers are smaller shopping centers that include every day services and shops. They are intended to be convenient to local residents and within easy walking distance from housing.

Offi ce developments include those that provide space for businesses and services, such as real estate professionals, lawyers, doctors and other medical practitioners, and other professionals.

Industrial Park or Distribution Center developments are those that provide space for businesses and other industrial-type services which support the larger industrial businesses. Businesses could include printing companies, distribution services, or courier services. Industrial Park developments can also house businesses that serve as the “store front” for larger industrial businesses, such as building materials or paint stores.

Low Density Single Family and Agriculture includes residential developments that are on lots 1 acre or larger. Properties can be used for small farming operations. This category also includes larger agricultural or ranching uses such as those that exist in parts of Buda today.

Medium Density Single Family includes single-family housing on lots smaller than 1 acre down to a quarter acre (or 4 dwelling units per acre).

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| appropriate land use typesHigh Density Single Family includes single-family housing on lots smaller than 0.25 acres, or greater than 4 dwelling units per acre.

Attached Housing includes a scale of residential housing that falls between single-family and multi-family and includes developments where residential units are attached. This can be in the form of duplexes, fourplexes, townhomes, or rowhouses.

Multifamily Housing developments are typically multi-story apartment or condominium developments where housing units are “stacked.” Multi-family housing is the most common type of housing found in mixed-use developments, built upon groundfl oor retail uses.

Cluster Development is a type of development that allows higher density building in “clusters” in return for permanent conservation of envirionmentally sensitive land. Cluster developments should not be limited to residential uses.

Determining Appropriate UseThe table to the right identifi es what uses are appropriate, conditional, or not appropriate in each Character District or Mixed Use Node. Appropriate means the use is simply allowed, with minimal conditions. Conditional means the use is only allowed based on certain conditions (depending on the use and the location). And Not Appropriate means the use is not appropriate in the district. There may be confl icts between Character Districts and Nodes. Where confl ict occurs, the use should be teated as

conditionally allowed, making sure it balances the goals of both District and Node. For example, regional retail in both the Regional Node and Heritage District should be permitted so long as it is developed in a manner that meets the character goals of the Heritage District.

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BUDA 2030 AND THE UNIFIED DEVELOPMENT CODEThe Future Land Development Plan of Buda 2030 identifi es Character Districts and Mixed Use Nodes that address desired development types, patterns, and appropriate uses. Chapter 7 also identifi es what general uses are appropriate in each character district and mixed use node. This appendix is intended to articulate the background of these areas and guide City staff, elected offi cials, the public, property owners, and private developers in how land should be utilized for certain areas of the city.

The City in particular should use the Future Land Development Plan and articulated principles to guide decisions in updating or re-creating the City’s Unifi ed Development Code and other development regulations. To help facilitate and guide that effort, the following tables illustrate how the zoning categories of the existing Unifi ed Development Code could be applied to the Future Land Development Code. Appropriate means the use is simply allowed, with minimal conditions. Conditional means the use is only allowed based on certain conditions (depending on the use and the location). And Not Appropriate means the use is not appropriate in the district.

This information does not constitute zoning regulations and is only intended to guide the City’s effort in making adjustments to the Unifi ed Development Code and other development regulations.

Green Growth DistrictRESIDENTIAL DISTRICTS

Agriculture (AG) ConditionalLow Density Residential (LR) ConditionalMedium Density Residential (MR) ConditionalHigh Density Residential (HR) ConditionalDuplex Residential (DR) ConditionalMulti-family Residential (MFR) ConditionalManufactured Housing (MHR) Not Appropriate

NON-RESIDENTIAL DISTRICTS

Neighborhood Retail (R1) AppropriateArterial Retail (R2) ConditionalInterstate Retail (R3) Not AppropriateNeighborhood Commercial/Offi ce (C1) AppropriateArterial Commercial/Offi ce (C2) ConditionalInterstate-35 Commercial/Offi ce (C3) Not AppropriateLight Industrial/Warehousing (I1) Not AppropriateManufacturing (I2) Not Appropriate

OTHER DISTRICTS

Cluster Development (FZ1) AppropriateMixed Use (FZ2) Appropriate

PUBLIC OR SEMI-PUBLIC DISTRICTS

School Site (FZ3) AppropriateNeighborhood Park (PR1) AppropriateCity Park (PR2) AppropriateRegional Park (PR3) AppropriatePrivate Park (PR4) AppropriateCommunity Facility (P1) AppropriatePublic Infrastructure Facility (P2) Appropriate

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Heritage DistrictRESIDENTIAL DISTRICTS

Agriculture (AG) Not AppropriateLow Density Residential (LR) Not AppropriateMedium Density Residential (MR) AppropriateHigh Density Residential (HR) AppropriateDuplex Residential (DR) AppropriateMulti-family Residential (MFR) ConditionalManufactured Housing (MHR) Not Appropriate

NON-RESIDENTIAL DISTRICTS

Neighborhood Retail (R1) AppropriateArterial Retail (R2) ConditionalInterstate Retail (R3) Not AppropriateNeighborhood Commercial/Offi ce (C1) AppropriateArterial Commercial/Offi ce (C2) ConditionalInterstate-35 Commercial/Offi ce (C3) Not AppropriateLight Industrial/Warehousing (I1) Not AppropriateManufacturing (I2) Not Appropriate

OTHER DISTRICTS

Cluster Development (FZ1) ConditionalMixed Use (FZ2) Appropriate

PUBLIC OR SEMI-PUBLIC DISTRICTS

School Site (FZ3) AppropriateNeighborhood Park (PR1) AppropriateCity Park (PR2) AppropriateRegional Park (PR3) AppropriatePrivate Park (PR4) AppropriateCommunity Facility (P1) AppropriatePublic Infrastructure Facility (P2) Appropriate

Emerging Growth DistrictRESIDENTIAL DISTRICTS

Agriculture (AG) ConditionalLow Density Residential (LR) ConditionalMedium Density Residential (MR) AppropriateHigh Density Residential (HR) AppropriateDuplex Residential (DR) AppropriateMulti-family Residential (MFR) ConditionalManufactured Housing (MHR) Not Appropriate

NON-RESIDENTIAL DISTRICTS

Neighborhood Retail (R1) AppropriateArterial Retail (R2) ConditionalInterstate Retail (R3) Not AppropriateNeighborhood Commercial/Offi ce (C1) AppropriateArterial Commercial/Offi ce (C2) ConditionalInterstate-35 Commercial/Offi ce (C3) Not AppropriateLight Industrial/Warehousing (I1) Not AppropriateManufacturing (I2) Not Appropriate

OTHER DISTRICTS

Cluster Development (FZ1) AppropriateMixed Use (FZ2) Appropriate

PUBLIC OR SEMI-PUBLIC DISTRICTS

School Site (FZ3) AppropriateNeighborhood Park (PR1) AppropriateCity Park (PR2) AppropriateRegional Park (PR3) AppropriatePrivate Park (PR4) AppropriateCommunity Facility (P1) AppropriatePublic Infrastructure Facility (P2) Appropriate

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Business Growth DistrictRESIDENTIAL DISTRICTS

Agriculture (AG) Not AppropriateLow Density Residential (LR) Not AppropriateMedium Density Residential (MR) Not AppropriateHigh Density Residential (HR) ConditionalDuplex Residential (DR) ConditionalMulti-family Residential (MFR) ConditionalManufactured Housing (MHR) Not Appropriate

NON-RESIDENTIAL DISTRICTS

Neighborhood Retail (R1) ConditionalArterial Retail (R2) ConditionalInterstate Retail (R3) ConditionalNeighborhood Commercial/Offi ce (C1) ConditionalArterial Commercial/Offi ce (C2) AppropriateInterstate-35 Commercial/Offi ce (C3) AppropriateLight Industrial/Warehousing (I1) ConditionalManufacturing (I2) Conditional

OTHER DISTRICTS

Cluster Development (FZ1) ConditionalMixed Use (FZ2) Appropriate

PUBLIC OR SEMI-PUBLIC DISTRICTS

School Site (FZ3) ConditionalNeighborhood Park (PR1) AppropriateCity Park (PR2) AppropriateRegional Park (PR3) AppropriatePrivate Park (PR4) AppropriateCommunity Facility (P1) AppropriatePublic Infrastructure Facility (P2) Appropriate

Industrial Growth DistrictRESIDENTIAL DISTRICTS

Agriculture (AG) ConditionalLow Density Residential (LR) Not AppropriateMedium Density Residential (MR) Not AppropriateHigh Density Residential (HR) Not AppropriateDuplex Residential (DR) Not AppropriateMulti-family Residential (MFR) ConditionalManufactured Housing (MHR) Conditional

NON-RESIDENTIAL DISTRICTS

Neighborhood Retail (R1) Not AppropriateArterial Retail (R2) Not AppropriateInterstate Retail (R3) ConditionalNeighborhood Commercial/Offi ce (C1) Not AppropriateArterial Commercial/Offi ce (C2) ConditionalInterstate-35 Commercial/Offi ce (C3) ConditionalLight Industrial/Warehousing (I1) AppropriateManufacturing (I2) Appropriate

OTHER DISTRICTS

Cluster Development (FZ1) ConditionalMixed Use (FZ2) Conditional

PUBLIC OR SEMI-PUBLIC DISTRICTS

School Site (FZ3) Not AppropriateNeighborhood Park (PR1) Not AppropriateCity Park (PR2) ConditionalRegional Park (PR3) ConditionalPrivate Park (PR4) ConditionalCommunity Facility (P1) AppropriatePublic Infrastructure Facility (P2) Appropriate

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B-4 BUDA 2030 COMPREHENSIVE PLANpreserving our heritage | sustaining our future

Neighborhood Mixed Use NodeRESIDENTIAL DISTRICTS

Agriculture (AG) Not AppropriateLow Density Residential (LR) Not AppropriateMedium Density Residential (MR) ConditionalHigh Density Residential (HR) ConditionalDuplex Residential (DR) ConditionalMulti-family Residential (MFR) AppropriateManufactured Housing (MHR) Not Appropriate

NON-RESIDENTIAL DISTRICTS

Neighborhood Retail (R1) AppropriateArterial Retail (R2) Not AppropriateInterstate Retail (R3) Not AppropriateNeighborhood Commercial/Offi ce (C1) AppropriateArterial Commercial/Offi ce (C2) Not AppropriateInterstate-35 Commercial/Offi ce (C3) Not AppropriateLight Industrial/Warehousing (I1) Not AppropriateManufacturing (I2) Not Appropriate

OTHER DISTRICTS

Cluster Development (FZ1) ConditionalMixed Use (FZ2) Appropriate

PUBLIC OR SEMI-PUBLIC DISTRICTS

School Site (FZ3) ConditionalNeighborhood Park (PR1) AppropriateCity Park (PR2) ConditionalRegional Park (PR3) ConditionalPrivate Park (PR4) ConditionalCommunity Facility (P1) ConditionalPublic Infrastructure Facility (P2) Not Appropriate

Interstate Corridor DistrictRESIDENTIAL DISTRICTS

Agriculture (AG) Not AppropriateLow Density Residential (LR) Not AppropriateMedium Density Residential (MR) Not AppropriateHigh Density Residential (HR) Not AppropriateDuplex Residential (DR) Not AppropriateMulti-family Residential (MFR) AppropriateManufactured Housing (MHR) Not Appropriate

NON-RESIDENTIAL DISTRICTS

Neighborhood Retail (R1) Not AppropriateArterial Retail (R2) AppropriateInterstate Retail (R3) AppropriateNeighborhood Commercial/Offi ce (C1) Not AppropriateArterial Commercial/Offi ce (C2) AppropriateInterstate-35 Commercial/Offi ce (C3) AppropriateLight Industrial/Warehousing (I1) ConditionalManufacturing (I2) Conditional

OTHER DISTRICTS

Cluster Development (FZ1) Not AppropriateMixed Use (FZ2) Appropriate

PUBLIC OR SEMI-PUBLIC DISTRICTS

School Site (FZ3) Not AppropriateNeighborhood Park (PR1) Not AppropriateCity Park (PR2) Not AppropriateRegional Park (PR3) Not AppropriatePrivate Park (PR4) Not AppropriateCommunity Facility (P1) ConditionalPublic Infrastructure Facility (P2) Conditional

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B-5BUDA 2030 COMPREHENSIVE PLANpreserving our heritage | sustaining our future

Business Mixed Use NodeRESIDENTIAL DISTRICTS

Agriculture (AG) Not AppropriateLow Density Residential (LR) Not AppropriateMedium Density Residential (MR) Not AppropriateHigh Density Residential (HR) Not AppropriateDuplex Residential (DR) Not AppropriateMulti-family Residential (MFR) ConditionalManufactured Housing (MHR) Not Appropriate

NON-RESIDENTIAL DISTRICTS

Neighborhood Retail (R1) Not AppropriateArterial Retail (R2) Not AppropriateInterstate Retail (R3) Not AppropriateNeighborhood Commercial/Offi ce (C1) ConditionalArterial Commercial/Offi ce (C2) ConditionalInterstate-35 Commercial/Offi ce (C3) ConditionalLight Industrial/Warehousing (I1) ConditionalManufacturing (I2) Conditional

OTHER DISTRICTS

Cluster Development (FZ1) ConditionalMixed Use (FZ2) Conditional

PUBLIC OR SEMI-PUBLIC DISTRICTS

School Site (FZ3) Not AppropriateNeighborhood Park (PR1) Not AppropriateCity Park (PR2) Not AppropriateRegional Park (PR3) Not AppropriatePrivate Park (PR4) Not AppropriateCommunity Facility (P1) Not AppropriatePublic Infrastructure Facility (P2) Conditional

Community Mixed Use NodeRESIDENTIAL DISTRICTS

Agriculture (AG) Not AppropriateLow Density Residential (LR) Not AppropriateMedium Density Residential (MR) Not AppropriateHigh Density Residential (HR) ConditionalDuplex Residential (DR) ConditionalMulti-family Residential (MFR) AppropriateManufactured Housing (MHR) Not Appropriate

NON-RESIDENTIAL DISTRICTS

Neighborhood Retail (R1) AppropriateArterial Retail (R2) AppropriateInterstate Retail (R3) Not AppropriateNeighborhood Commercial/Offi ce (C1) AppropriateArterial Commercial/Offi ce (C2) AppropriateInterstate-35 Commercial/Offi ce (C3) Not AppropriateLight Industrial/Warehousing (I1) Not AppropriateManufacturing (I2) Not Appropriate

OTHER DISTRICTS

Cluster Development (FZ1) ConditionalMixed Use (FZ2) Appropriate

PUBLIC OR SEMI-PUBLIC DISTRICTS

School Site (FZ3) ConditionalNeighborhood Park (PR1) AppropriateCity Park (PR2) AppropriateRegional Park (PR3) ConditionalPrivate Park (PR4) ConditionalCommunity Facility (P1) ConditionalPublic Infrastructure Facility (P2) Not Appropriate

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B-6 BUDA 2030 COMPREHENSIVE PLANpreserving our heritage | sustaining our future

Downtown Mixed Use NodeRESIDENTIAL DISTRICTS

Agriculture (AG) Not AppropriateLow Density Residential (LR) Not AppropriateMedium Density Residential (MR) ConditionalHigh Density Residential (HR) ConditionalDuplex Residential (DR) ConditionalMulti-family Residential (MFR) AppropriateManufactured Housing (MHR) Not Appropriate

NON-RESIDENTIAL DISTRICTS

Neighborhood Retail (R1) AppropriateArterial Retail (R2) ConditionalInterstate Retail (R3) Not AppropriateNeighborhood Commercial/Offi ce (C1) AppropriateArterial Commercial/Offi ce (C2) ConditionalInterstate-35 Commercial/Offi ce (C3) Not AppropriateLight Industrial/Warehousing (I1) Not AppropriateManufacturing (I2) Not Appropriate

OTHER DISTRICTS

Cluster Development (FZ1) ConditionalMixed Use (FZ2) Appropriate

PUBLIC OR SEMI-PUBLIC DISTRICTS

School Site (FZ3) AppropriateNeighborhood Park (PR1) AppropriateCity Park (PR2) AppropriateRegional Park (PR3) ConditionalPrivate Park (PR4) ConditionalCommunity Facility (P1) AppropriatePublic Infrastructure Facility (P2) Not Appropriate

Regional Mixed Use NodeRESIDENTIAL DISTRICTS

Agriculture (AG) Not AppropriateLow Density Residential (LR) Not AppropriateMedium Density Residential (MR) Not AppropriateHigh Density Residential (HR) Not AppropriateDuplex Residential (DR) Not AppropriateMulti-family Residential (MFR) AppropriateManufactured Housing (MHR) Not Appropriate

NON-RESIDENTIAL DISTRICTS

Neighborhood Retail (R1) ConditionalArterial Retail (R2) AppropriateInterstate Retail (R3) AppropriateNeighborhood Commercial/Offi ce (C1) ConditionalArterial Commercial/Offi ce (C2) AppropriateInterstate-35 Commercial/Offi ce (C3) AppropriateLight Industrial/Warehousing (I1) Not AppropriateManufacturing (I2) Not Appropriate

OTHER DISTRICTS

Cluster Development (FZ1) Not AppropriateMixed Use (FZ2) Appropriate

PUBLIC OR SEMI-PUBLIC DISTRICTS

School Site (FZ3) Not AppropriateNeighborhood Park (PR1) ConditionalCity Park (PR2) ConditionalRegional Park (PR3) AppropriatePrivate Park (PR4) ConditionalCommunity Facility (P1) ConditionalPublic Infrastructure Facility (P2) Not Appropriate

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City Council Agenda Item ReportDate: Tuesday, July 3, 2018

Agenda Item No. 2018-391-Contact: Chance Sparks

Subject: Deliberation and possible action on an ordinance on first reading amendingChapter 18; providing rules and regulations related to special events, blockparties, parades and film production; amending Appendix A of the Code ofOrdinance schedule of fees related to same; providing for severability;repealing conflicting ordinances and resolutions; providing a penalty; andproviding an effective date (Assistant City Manager Chance Sparks)

1. Executive SummaryCity Council requested staff develop a process to address street closures and special eventsapprovals, with the goal of transitioning to administrative review and approval and considerationtoward private events and private for-profit events.

2. Background/HistoryThe City of Buda currently has in place a right-of-way management ordinance focused primarily onconstruction activity, street cuts and utility placement in municipal rights-of-way. These areadministratively reviewed and approved, while special events are managed through some limitedlanguage and confined primarily to city parks and involve City Council approval. This includes anyspecial event that is open to the public, requiring a permit, road closure, sales of goods or servicesor charging of admission. This is classified as exclusive park rental and a community/special eventspacket must be completed and subject to city council approval. The City of Buda does not have directordinances for generalized special events for mass gatherings, block parties, circuses, etc. Likewise,it does not have regulations specific to parade permits, which also involve street closures. Thesehave been historically addressed using the special event packet due to the involvement of closingstreets as a public space. Finally, it appears Buda's Film Policy put in place in 2009 was not done byordinance, leaving its enforcement & use in question but also providing an opportunity to nowupdate it to current recommendations from the State of Texas. As such, what started as a relativelysimple closure policy has morphed into a comprehensive policy to address all street closurescenarios unrelated to construction activity. This ordinance will address special events, blockparties, parades and film production in a holistic and coordinated manner.

Streets & parks are fundamentally public spaces of peaceful assembly, meaning that policiesregarding events, parades and other gatherings have unique Constitutional considerations. The FirstAmendment states, “Congress shall make no law respecting an establishment of religion, or 278

prohibiting the free exercise thereof; or abridging the freedom of speech, or of the press; or the rightof the people peaceably to assemble, and to petition the Government for a redress of grievances.”From a legal standpoint, the regulations adopted must be narrowly tailored to withstand strictscrutiny in the courts. While it is never the intent of the City to cross a line in regard to regulation,there are many examples of cities inadvertently creating conflict despite the best of intentions.

Establishing this administrative process will also be tremendously helpful following the reopeningof the new City Park and recruitment of festivals/events. This is because it will establish greaterpredictability, and most promoters prefer some type of administrative process.

3. Staff's review and analysisThis ordinance, addressing special event permits, block party permits, parade permits and filmpermits, is structured as entirely administrative processes with City Council becoming involved inappellate scenarios and scenarios in which City Council action is specifically required, such as aspecial event requesting to remain open beyond the permitted hours.

Special Events:

Special events receive a specific definition under this ordinance, designed to address massgatherings on public property as well as private property (such as a carnival or music festival onprivate land). It includes promotion of attractions for a common purpose including but not limitedto, street fairs, arts and crafts shows, carnivals, circuses, rallies, public entertainment, musicalexhibitions, performances, and shows of any kind expected to attract 150 persons or more withinany eight (8) hour period, or results in the temporary aggregation of people at any event which isheld that includes activities conducted outdoors and which interferes with the normal flow orregulation of pedestrian or vehicular traffic; or any event that requires special city services,including but not limited to, street closures, provision of barricades, special parking arrangements,special electrical services or special police services, or temporary alteration of a certificate ofoccupancy from a non-assembly building occupancy type to an assembly occupancy type.

The deadline is actually reduced to 45 days from the current 60, but creates the ability for staff toconsider late applications. The ordinance specifies the contents of the application in detail to createpredictability within the administrative process and avoid arbitrary & capricious application ofstandards. These content requirements range from parking plans to security and sanitation plans.The ordinance then provides objective standards for issuance and denial, thus avoiding contentconsideration. It also creates a due process for appeals. There are specific provisions for notifyingabutting property owners when needed, as well as parking requirements. Hours of operation arerestricted to between 7am and 10pm unless appealed to City Council for consideration. There arealso insurance requirements, bonds & deposit provisions and indemnification. Police standards areestablished in the ordinance. Also, specific offenses are identified with penalties.

Block Parties

Cities often create more relaxed provisions for block parties on the basis that they foster communityand enhance programs like neighborhood watch. A block party means a festive gathering on a localresidential street requiring a closure of a street, or portion thereof, to vehicular traffic, and the useof the street for the festivity including barbecues, picnics, music or games.

Unique to block parties is a petition requirement, common in other cities, requiring consent of 75%of adult owners abutting the portion of the street to be closed. It has a simplified basis for approvalor denial as well as revocation. It also has a simplified offense and penalty structure.

Parades 279

Parades are a particularly unique regulatory challenge, as it is where cities are most prone tostepping into first amendment issues. They carry a 60 day deadline, as that is the timing required forTxDOT coordination. Like special events, the ordinance allows later requests at the discretion ofstaff based on timeliness. This helps to address smaller assemblies and parades that avoid TxDOTroadways. The ordinance establishes content standards for the parade application, like specialevents, to determine necessary provisions to protect the health, safety and general welfare. Itincludes standards for issuance such as orderly movement of traffic, impact to diversion orresponsiveness of police/fire/EMS, provision of health facilities, etc. Like special events, theordinance contains criteria for denial to avoid arbitrary & capricious enforcement and an appealmechanism. Offenses and penalties are defined and unique to the characteristics of a parade. Theyapply to both participants in a parade and individuals that may interfere with a parade.

Film Production

This section of the ordinance simply memorializes the 2009 policy into ordinance form. It was basedlargely on the Film Friendly Program of the Texas Film Commission.

The last aspect of the ordinance addresses public conduct generally applicable in all circumstancesrelevant to the ordinance.

Staff believes this ordinance positions the City to be responsive to various forms of public assemblygoing forward in an appropriate, Constitutionally-consistent manner with a focus on the health,safety and general welfare of the public.

4. Financial ImpactThe ordinance includes an update to the fee schedule to address the processes created. The fees,particularly for parades, are structured to avoid creating a financial barrier to assembly.

5. Summary/ConclusionThis ordinance transitions special events to an administrative process similar to many other citiesof similar size. It then creates simplified provisions for block parties, as well as unique standardsfor parades. Finally, it memorializes the film production standards. In each instance, the regulationsare crafted to preserve first amendment rights while simultaneously addressing necessaryprotections for the health, safety and general welfare of the public.

6. Pros and ConsDiscussed below.

7. AlternativesApproval of this ordinance is entirely discretionary. Two clear alternatives are available to addressthis item. Staff has identified these alternatives and the primary implications of pursuing each. Thelist of implications is not exhaustive, as the Council may identify others. Though the number of pros& cons varies by outcome, they are not necessarily equally weighted. For example, an outcome couldhave two “pros” and one “con”, but that “con” could carry more weight.

Approve – This alternative results in conversion of special events to an administrative process,creation of standards for block parties and parades, and memorializing the film friendly program inan appropriate ordinance format. This simplifies the process for special events, improves legalstanding of the film friendly program, and addresses the need to create predictability for blockparties and parades where code is currently silent. 280

Table – This alternative results in the rezoning being postponed for action pending receipt ofadditional information, or postponed indefinitely depending on the wording of the motion. For thisalternative, it is important to provide direction to the staff regarding the information needed. If theCity Council requires additional information, this action provides the opportunity for suchinformation to be secured.

8. RecommendationThis is a discretionary policy decision of the City Council. Staff recommends the City Councilconsider approval.

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ORDINANCE NO. _____-___

AN ORDINANCE OF THE CITY OF BUDA, TEXAS, AMENDING CHAPTER 18; PROVIDING RULES AND REGULATIONS RELATED TO SPECIAL EVENTS, BLOCK PARTIES, PARADES AND FILM PRODUCTION; AMENDING THE SCHEDULE OF FEES RELATED TO SAME; PROVIDING FOR SEVERABLITY; REPEALING CONFLICTING ORDINANCES AND RESOLUTIONS; PROVIDING A PENALTY; AND PROVIDING AN EFFECTIVE DATE.

WHEREAS, the City Council of the City of Buda, Texas, desires to facilitate the expressive and associative activity protected by the United States and Texas Constitutions, including speech, press, assembly and petition; and WHEREAS, the City Council of the City of Buda, Texas, desires to enact regulations which will allow for the practice constitutionally-protected expression and association; and WHEREAS, the City Council of the City of Buda, Texas, likewise desires to adopt these regulations to protect the health and welfare of the participants and the health and welfare of city as a whole, and further finds these purposes constitute significant governmental interests; and WHEREAS, in enacting such regulations, the City Council finds the regulations are narrowly tailored to achieve such significant governmental interests, and that such interests would be achieved less effectively without the restriction; and WHEREAS, the City of Buda now deems it necessary to provide for such regulations; NOW THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF BUDA, TEXAS: Section 1: The facts and recitations set forth in the preamble of this ordinance are hereby found to be true and correct. Section 2: The City of Buda Code of Ordinances is hereby amended by adding a new article 18.07 of Chapter 18 to provide as follows:

“ARTICLE 18.07 SPECIAL EVENTS, BLOCK PARTIES, PARADES AND FILM PRODUCTION

Division 1. Generally

Secs. 18.02.002-18.07.030 Reserved

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Division 2. Special Events

Sec. 18.07.031 Definitions. The following words, terms and phrases, when used in this division, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning: Applicant means a person who has filed a written application for a special event permit. Permittee means the person to whom a special event permit is granted pursuant to this division. Special event means the promotion of attractions for a common purpose including but not limited to, street fairs, arts and crafts shows, carnivals, circuses, rallies, public entertainment, musical exhibitions, performances, and shows of any kind expected to attract 150 persons or more within any eight (8) hour period, or results in the temporary aggregation of people at any event which is held that includes activities conducted outdoors and which interferes with the normal flow or regulation of pedestrian or vehicular traffic; or any event that requires special city services, including but not limited to, street closures, provision of barricades, special parking arrangements, special electrical services or special police services, or temporary alteration of a certificate of occupancy from a non-assembly building occupancy type to an assembly occupancy type.

Special event permit means the written approval from the city manager for a special event. Sec. 18.07.033 Application for Permit; Fee.

(a) A person seeking a special event permit shall file an application with the city manager upon forms provided by the city and shall pay a nonrefundable application fee in the amount specified in the schedule of fees adopted by the city council.

(b) Applications for any other applicable city licenses and permits, payment of associated fees in amounts specified in the schedule of fees adopted by the city council and proof of approval of any other required local, state or federal permit(s) shall be submitted with the special event application. Examples of such licenses and permits are health permits, alcohol permits, police personnel permits, street closure permits, park facility use permits; fire permits, electrical permits or state authorization to close a state highway.

Sec. 18.07.034 Filing Period.

(a) Applications for a special event permit filed not less than 45 days before the special event is to begin are timely filed and shall be considered and processed.

(b) Applications for a special event permit filed with fewer than 45 days remaining before the special event is subject to being denied as untimely. Untimely applications are subject to the standards

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promulgated in section 18.07.036, may be considered when filed after the deadline prescribed in subsection (a) of this section, but may be subject to additional fees.

Sec. 18.07.035 Contents of Application. The application for a special event permit shall set forth as a minimum the following information:

(1) The name, address, telephone number, and email address of the person seeking to conduct the special event;

(2) If the special event is to be held for or by an organization, the name, address and telephone number of the headquarters of the organization and name, address, telephone number, and email address of the authorized representative(s) of such organization;

(3) If the special event is to be held by or for any person other than the applicant, the applicant shall file a written statement from that other person showing authority to make the application;

(4) The name, address, telephone number, and email address of the person who will be the special event chair and who will be responsible for its conduct;

(5) The proposed location of parking areas and the number of spaces provided for the special event;

(6) The approximate number of people who will be attending, the approximate number of people attending at peak times, including event staff and performers, if any, and, the number and types of animals, vehicles and any special equipment or materials, if any, which will be involved in such special event;

(7) A scaled site plan depicting the location, size and number of stages, seating, tents, awnings,

canopies, food service booths, first aid stations, portable restrooms, other temporary structures, property lines and adjacent streets and driveways;

(8) If food or beverages will be served or sold, include copies of any licenses or permits issued by the

appropriate agencies for such vendors;

(9) If electricity is to be used, the source, location, orientation and any shielding of such electricity shall be shown on the site plan;

(10) Location, size, ADA compliance status and source for temporary sanitary facilities;

(11) The number, size, material and location of any planned signage shall be shown on the site plan;

(12) If amplification of sound is to be used, the location and orientation of all sound

amplification devices shall be shown on the site plan;

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(13) The dates and times the special event and any peak attendance times will start and terminate;

(14) The time at which on-site activities in preparation for the special event will begin;

(15) The proposed location of entrances and exits and a plan of evacuation in case of

emergency;

(16) A safety and security plan for the special event;

(17) If any portion of the special event is to be held on private property, including parking, written permission for the holding of the special event or parking from the owner of the property or his or her authorized representative;

(18) Copies of permits and agreements with all county officials or state agencies, if applicable;

(19) If required as set forth in section 18.07.053, a copy of a certificate of insurance that

complies with the requirements set forth in such section;

(20) If required as set forth in section 18.07.055, a copy of the surety bond that complies with the requirements set forth in such section; and

(21) Any other information which the city manager shall find necessary under the standards

for issuance. Sec. 18.07.036 Standards for Issuance. A special event permit will be issued if, upon review, the city manager finds that the applicant has submitted a complete application complying with the requisites of this article and further finds that the special event will be conducted in such a way that:

(1) It will not substantially interrupt the safe and orderly movement of traffic near its location or route;

(2) It will not require the diversion of a number of police officers so great to properly police the

special event location or line of movement and the adjacent areas as to unduly interfere with the normal protection for the city;

(3) It will not require the diversion of a number of fire protection or emergency medical services

(EMS) personnel so great as to unduly interfere with the provision of these services to portions of the city other than that to be occupied by the special event and adjacent areas;

(4) It will not unduly interfere with the efficient response movement of firefighting equipment and

services in route to a fire;

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(5) The concentration of people, animals, and vehicles at assembly points and during the event will

not unduly interfere with proper fire, EMS, and police services to areas near such special event;

(6) It is not likely to cause injury to persons or property;

(7) There will be adequate public safety, fire, medical and health measures to provide reasonable level of safety and security to attendees;

(8) There will adequate sanitation, including restroom facilities, and other required health facilities made available in or adjacent to any public assembly areas; and

(9) There are sufficient parking places on the site of the special event to accommodate the number of

vehicles reasonably expected to be parked in accordance with Sec. 18.07.041 or the applicant has made adequate arrangements for off-site parking and transfer of attendees.

Sec. 18.07.037. Denial or Revocation.

(a) The city manager may deny a special event permit if:

(1) The special event will conflict in time and location with another special event, block party, parade, or film production for which a permit has already been granted, or will conflict in time and location with a City event or function;

(2) The applicant fails to comply with or the special event will violate an ordinance of the city or any other applicable law;

(3) The applicant makes or allows the making of a false or misleading statement or omission

of material fact on an application for a special event;

(4) The applicant has been convicted of violating this article, has had a special event, block party, parade or film permit revoked within the preceding 12 months, or has failed to pay any additional costs assessed by the city for such a previous even within the previous two years;

(5) The applicant fails to provide proof of any license or permit required by this division,

another city ordinance or state law required for such special event;

(6) The special event would unduly hinder or compromise the delivery or performance of normal city services, including previously scheduled construction or maintenance services, or emergency services, or would constitute a public threat;

(7) The applicant fails to provide any required insurance or surety bonds that may be

required under this division;

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(8) The applicant fails to pay applicable costs as may be required by the city manager;

(9) The applicant fails to submit a complete application or fails to provide any additional

information requested by the city manager;

(10) The proposed date or time for the special event or the location of the special event or parking for such special event would unduly interfere or disrupt the educational activities of a school when such school is in session, or

(11) The proposed date or time for the special event, the location of the special event,

parking for such special event or traffic control plan for the special event would unduly interfere or disrupt traffic.

(12) The permit was not filed timely and the date of filing did not allow sufficient

time as determined by the City Manager for the permit to be evaluated, appropriate information collected, and a determination to be made for issuance or denial.

(b) A special event permit shall be revoked upon the following conditions:

(1) In the event that the chief of police, fire chief, other city officials or their designated

representatives find that any of the provisions of this article, another city ordinance, or state law is being violated, they shall immediately notify the city manager who shall investigate such matter and, upon finding that such violation has occurred, revoke such special event permit; or

(2) When, in the judgment of the above-named officials, a violation exists which requires immediate abatement, they shall have authority to temporarily revoke a special event permit in the absence or unavailability of the city manager and notice the city manager of same; after review of the revocation of the circumstances leading to the temporary revocation, the city manager shall reverse or affirm the temporary revocation;

(3) In the event, the city manager finds the permittee failed to maintain or otherwise keep in

good standing for the duration of the special event, any required license, permit, insurance, or surety bond; or

(4) Upon finding a permittee made or allowed to be made a false or misleading statement or

omission of material fact on an application for a special event permit, the city manager shall revoke such special event permit.

Sec. 18.07.038. Notice of Denial; Appeals. The city manager shall act upon a complete application for a special event permit within 15 days after the filing thereof. If the city manager denies the application, he shall mail the applicant written notice of and the reasons for the denial of the application. Any person aggrieved shall have the right to appeal the denial to the city council by filing a notice of appeal with the city clerk within seven days after the

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mailing date of the notice of denial. The city council shall hear the appeal as soon as practicable, and its decision shall be final. Sec. 18.07.039. Permit to be Maintained On-Premises. The special event permit shall be maintained at all times on the premises of the special event and shall be made available on request to any police officer or other authorized city employee or representative. Sec. 18.07.040. Notice to Abutting Property Owners. The city manager shall have authority to require that permittee send notices of the special event to abutting property owners when it is determined that the special event is of a scope and nature that will impact those owners. Sec. 18.07.041. Applicant Parking Requirements.

(a) An applicant shall submit evidence that sufficient parking will be available to accommodate the projected number of users with a ten percent surplus. The number of spaces deemed sufficient will be determined by the number of people attending, including event staff, volunteers, participants and performers during peak times. When the location is not an established parking area, a plan shall be submitted which will show how the needed parking will be achieved and arranged. The number of parking spaces and layout of the parking area, including aisle widths, size of parking spaces and whether parking attendants will be provided, shall be included in the submittal.

(b) When adequate parking is not available at or immediately adjacent to the site of the special event, off-site parking may be used. Plans shall be submitted which will show the location of the off-site parking and how the transfer of attendees will be accomplished.

(c) If parking is to be on private property, the applicant must submit written evidence executed by the property owner that the applicant has a right of possession of said property through ownership, lease, license, or other property interest.

Sec. 18.07.042. City Authority Over Parking. The city shall have the authority, when reasonably necessary as determined by the police department, to prohibit or restrict the parking of vehicles along a city street or highway or part thereof adjacent to the site of the special event. The city shall post signs to such effect, and it shall be unlawful for any person to park or leave unattended any vehicle in violation thereof. Sec. 18.07.043. Amusement Rides. Amusement rides as defined in V.T.C.A., Occupations Code §2151.002 associated with special events shall conform to the statutory rules and regulations set forth in V.T.C.A., Occupations Code ch. 2151, as they may be amended from time to time, designated as the Amusement Ride Safety Inspection and Insurance Act. Sec. 18.07.044. Hours of Operation.

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A special event may be conducted only between the hours of 7:00 a.m. and 10:00 p.m. daily. The police department shall be responsible for enforcing this provision. Appeals of time limit restrictions may be made under section Sec. 18.07.038. Sec. 18.07.045. Tents and Temporary Structures. Any special event which includes the use of a stage, seating, tent, canopy, or other temporary structure shall meet the requirements of the city's fire code and building code as confirmed by the building official except that a separate permit is not required when a special event permit has been obtained. Fire lanes for emergency equipment must be provided and the site shall be prepared in a manner so as not to be a fire hazard as determined by the fire chief of the appropriate jurisdiction. Written approval of the use of any temporary structure by the appropriate jurisdiction may be required. Sec. 18.07.046. Food and Beverage Service. Where food or beverage service is provided or sold, said operation shall be in compliance with all provisions of the mobile and portable food vendor ordinances of the city, as well as all other applicable state and local laws. Sec. 18.07.047. Sanitary Facilities. Portable type sanitary facilities must be provided and maintained on the premises as determined to be necessary by the city manager. Sec. 18.07.048. Animals.

(a) Waste from animals used in any such special event shall be removed daily from the grounds. Should animals be kept within the city limits at night, they shall be kept not less than 300 feet from the closest property line of any developed residential or commercial districts.

(b) Treatment of animals shall comply with all applicable state laws. Sec. 18.07.049. Water Usage and Disposal of Wastewater.

(a) Any special event or related activity desiring use of water from the city water system must obtain a temporary meter from the city. Deposit for the meter and payment for water used shall be in accordance with the amounts set forth in a schedule of fees adopted by the city council.

(b) An applicant shall submit a plan for the disposal of wastewater. Sec. 18.07.050. Waste Collection and Solid Waste Dumpster. An applicant shall make appropriate arrangements for the collection of all waste resulting from such special event. Commercial solid waste dumpsters must be provided on site at all outdoor special events. An applicant shall have written evidence documenting the provision of such dumpsters with a commercial solid waste disposal company currently having a franchise agreement with the city. Sec. 18.07.051. Amplification of Sound.

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During the special event, the permit holder shall comply with all applicable noise regulations of the city as set forth in article 14.04 of this Code. Sec. 18.07.052. Signage. Signage used in accordance with the special event shall comply with the sign regulations of the city. Sec. 18.07.053. Liability Insurance.

(a) When a special event is partially or fully contained on the city rights-of-way, the applicant for a special event permit shall furnish the city manager with a certificate of insurance complying with standards established by the city and include the City of Buda as additional insured.

(b) The city manager shall have the right to lower, waive, or increase the public liability insurance limits based upon the type of special event, equipment, machinery, location, number of attendees, number of workers or animals and other pertinent factors or risks associated with the special event.

(c) An applicant shall have the right to show cause why the insurance requirement should be reduced or waived, and to present such request to the city manager. Upon receipt of such request, the city manager shall consult with the city's risk manager or his designee. The city manager shall respond to an applicant's request for lower insurance or waiver within five days from date of request.

(d) If a mutually agreeable insurance limit cannot be agreed upon, the application shall be considered denied.

Sec. 18.07.054. Indemnification. When a special event or parking attendant to such special event is partially or fully contained on city property, an applicant shall sign an agreement to indemnify and hold harmless the city, its officers, employees, agents, and representatives against all claims of liability and causes of action resulting from injury or damage to persons or property arising out of the special event. Sec. 18.07.055. Surety Bonds and Deposits.

(a) When a special event is partially or fully contained on city property, a surety bond shall be deposited with the city in the amount specified as currently established or as hereafter adopted by resolution of the city council from time to time, conditioned that no damage will be done to the city property, streets, sewers, trees, or adjoining property and that no paper, litter, or other debris will be permitted to remain upon the city property, streets or upon any private property by the applicant. The balance of the surety bond, after deductions for costs provided for in this division, shall be refunded to the permittee, upon certification by the city manager that the permittee has complied with all conditions of this division, within ten days after said special event permit expires. If actual costs exceed this amount, the permittee shall pay such additional sum to the city within ten days from the date of notification. If that amount is not paid, no future city permits

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shall be issued to the permittee for a period not to exceed two years, and then, only upon payment for the outstanding costs. Nothing herein shall preclude the city from enforcing any legal or equitable remedy against the permittee in addition to the bond.

Sec. 18.07.056. Police Services; Additional Costs.

(a) The chief of police shall establish standards used to determine the level of police services reasonably necessary for the special event. Traffic control, public safety, considering the size, location, duration, time and date of the special event, and the need to detour or preempt citizen travel and use of the streets and sidewalks for an event, are all factors which will determine the need for and the quantity of certified/uniformed peace officers necessary to provide reasonable public safety precautions for any event. While ensuring the public safety for special events is the responsibility of the sponsoring organization, the Police Department will determine the minimum necessary to obtain a permit to conduct the event. The sponsoring organization shall pay for any cost related to the providing for public safety. Public Safety personnel (Police, Fire & EMS) assignments may be staged to allow for traffic control before and after an event and the number of personnel may be staggered to allow for arrival and departure of attendees. A schedule for the event, the number and type of personnel necessary and the hours on site is required; as well as, an itinerary for the event. Subject to considerations such as the availability of alcohol and other safety factors, generally two (2) peace officers are necessary for the first 500 people and one (1) officer for every additional 500 participants. Fire and EMS personnel with be determined based on the event.

(b) The chief of police shall also consider whether the event can take place without disruption of ordinary police services or compromise public safety. All police services shall be first provided by the Buda Police Department unless prior written approval is given by the chief of police for the use of outside agencies. The applicant shall pay for the use of any law enforcement equipment devoted to the event by the City and shall pay for off-duty police officers necessary at rates consistent with established departmental off-duty rates, as amended. The applicant then shall have the duty to secure the police services deemed necessary by the chief of police.

(c) In the event the city manager determines that a special event may require the special attention and involvement of city personnel or facilities, the city manager shall so notify the applicant. In such event, prior to the issuance of a special event permit, the applicant and the city manager shall agree upon the cost associated therewith. Prior to the issuance of a special event permit, the applicant shall agree to pay a deposit of anticipated costs to the city and shall agree in writing to pay any additional costs to the city within five days of the date upon which the city informs the permittee of the amount of such additional costs. Any permit issued shall be void if the permittee has not paid all fees owed prior to the day before the special event.

Sec. 18.07.057. Offenses and Penalty.

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(a) A person commits an offense if he commences or holds a special event without a special event permit or with a special event permit that has expired, been revoked or became void at the time of the event. Each one-half hour that a special event his held without a permit is a separate offense.

(b) A culpable mental state is not required for the commission of an offense under this section; therefore, it shall be subject to the penalty as provided for in Section 1.01.009(a) of this Code.

(c) It is hereby determined that this section governs fire safety and public health and, therefore, any person violating or failing to comply with any of the provisions of this section, and, if it is shown at the time of trial that the conduct was intentional, it shall be subject to the penalty as provided for in Section 1.01.009(b) of this Code.

Sec. 18.07.058. Application of Division; Exemptions.

(a) All special events, except those set forth in subsection (b) of this section, must conform to all applicable provisions of this division.

(b) The following events are exempt from the provisions of this division:

(1) Events which are conducted by or officially sponsored by the city;

(2) An event wholly contained on property specifically designed or suited for the event and which holds a certificate of occupancy for such use including adequate parking;

(3) Funeral processions;

(4) Block parties as defined in Section 18.07.061; and

(5) Parades, as defined in Section 18.07.091. Secs. 18.07.059-18.07.060 Reserved.

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Division 3. Block Parties Sec. 18.07.061. Definitions. The following words, terms and phrases, when used in this division, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning: Applicant means a person who has filed an application for a street closure permit. Block party means a festive gathering on a local residential street requiring a closure of a street, or portion thereof, to vehicular traffic, and the use of the street for the festivity including barbecues, picnics, music or games. Chief of police means the chief of police or his designated representative. Street means the entire width between the boundary lines of every way publicly maintained, when any part thereof is open to the use of the public for purposes of vehicular traffic but shall not include any federal-maintained or state-maintained highway or roadway. Street closure permit means written approval from the police authorizing closure of a street. Sec. 18.07.062. Permit Required. It shall be unlawful for any person to conduct a block party without first having obtained a street closure permit from the chief of police. Sec. 18.07.063. Application; Fee; Filing Period; Petition.

(a) All persons seeking to conduct a block party shall file an application for a street closure permit with the city manager upon forms provided by the city and shall pay a nonrefundable application fee in an amount specified in a schedule of fees adopted by the city council.

(b) Applications for a street closure permit shall be filed not less than 15 days before the desired block party.

(c) The application shall contain the following information:

(d) Included with the application shall be a petition, on forms furnished by the city, which shall contain the signatures of 75 percent of adult owners or residents of the property abutting that portion of the street to be closed, indicating their consent to the proposed street closure. For purposes of computing the above percentage, each lot or property parcel shall have only one vote.

(1) Name and location of the residential street to be closed;

(2) Name, address and phone number of persons requesting and desiring the street closure; and

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(3) The date and time for the street closure; block parties must be held between the hours of

9:00 a.m. and 10:00 p.m. Sec. 18.07.064. Issuance of Permit. Upon submission, validation, and approval of the application and petition for street closure permit and receipt the of application fee, the chief of police, subject to Section 18.07.065, shall issue a permit. Sec. 18.07.065. Denial of Permit, Appeal. The city manager shall act upon a complete application for a street closure permit within seven days after the filing of the application. The city manager may deny a street closure permit if in his opinion the closure of the street would cause significant disruption of the delivery of city or emergency services, a significant hardship to the citizens or a threat to public safety. If the city manager denies the street closure permit, he shall mail the applicant a written notice of this action stating the reasons for the denial of the street closure permit. The applicant may appeal to the city council by filing a notice of appeal with the city clerk within five days after receipt of the notice of denial. The city council shall hear the appeal as soon as practicable and its decision shall be final. Sec. 18.07.066. Duration of Permit. The street closure permit granted under the terms of this division shall not exceed six hours. Another street closure permit shall not be granted for the same location until at least 90 days have elapsed from the expiration of the previous street closure permit. Sec. 18.07.067. Barricades. The city will arrange for, as necessary, adequate barricades at the designated location at the appropriate time, at the cost of the applicant. Sec. 18.07.068. Revocation of Permit. Nothing in this division shall prevent the city manager, the chief of police, or their designees from revoking a street closure permit at any time before or during the block party in the interest of public safety, health or welfare. Sec. 18.07.069. Offenses and Penalty.

(a) A person commits an offense if he partially or fully closes without a street closure permit issued by the chief of police or with a street closure permit that has expired or been revoked.

(a) A culpable mental state is not required for the commission of an offense under this section; therefore, it shall be subject to the penalty as provided for in Section 1.01.009(a) of this Code.

(b) It is hereby determined that this section governs fire safety and public health and, therefore, any person violating or failing to comply with any of the provisions of this section, and, if it is shown at the time of trial that the conduct was intentional, it shall be subject to the penalty as provided for in Section 1.01.009(b) of this Code.

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Secs. 18.07-070-18.07.090. Reserved.

Division 4. Parades Sec. 18.07.091. Definitions. The following words, terms and phrases, when used in this division, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning: Applicant means a person who has filed a written application for a parade permit. Chief of police means the chief of police or his designated representative. Free speech rights means expressive activity protected by the First Amendment to the Constitution of the United States, provided that such activity is the primary purpose of the parade. Parade means any assembly, march, demonstration, procession or motorcade upon public streets within the city consisting of three or more persons, animals, or vehicles (or any combination thereof) with an intent of attracting public attention that interferes with or has a tendency to interfere with the normal flow or regulation of traffic upon public streets. Parade permit means written approval from the chief of police or his designated representative for a parade. Permittee means the person to whom a parade permit is granted pursuant to this division. Public street means the entire width of the publicly owned right-of-way. Sec. 18.07.092. Permit Required; Exceptions.

(a) Required. No person shall engage in, participate in, aid, form or start any parade, unless a parade permit shall have been obtained from the city.

(b) Exceptions. This section shall not apply to:

(1) Funeral processions.

(2) Students going to and from school classes or participating in educational activities, provided such conduct is under the immediate direction and supervision of the proper school authorities, and will not interfere with the normal movement of traffic.

(3) A government agency acting within the scope of its function. Sec. 18.07.093. Filing Period.

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(a) Except as provided below, an application for a parade permit shall be filed with the city manager

not less than 60 days before the proposed parade date.

(b) Applications for a parade permit filed with fewer than 60 days remaining before the parade are subject to being denied as untimely. Untimely applications are subject to the standards promulgated in section 18.07.095, may be considered when filed after the deadline prescribed in subsection (a) of this section, but may be subject to additional fees.

Sec. 18.07.094. Application for Permit.

(a) A person seeking issuance of a parade permit shall file an application with the city manager on forms provided by the city and shall pay a nonrefundable application fee in the amount specified in a schedule of fees adopted by the city council.

(b) The application for a parade permit shall set forth the following information:

(1) The name, address and telephone number of the person seeking to conduct such parade;

(2) If the parade is to be held for or by an organization, the name, address and telephone number of the headquarters of the organization, and the name and address of the authorized representative of such organization;

(3) If the parade is to be held by or for any person other than the applicant, the applicant shall

file a written statement from that other person showing authority to make the application;

(4) A detailed description of the purpose of the parade;

(5) The name, address and telephone number of the person who will be the parade chairperson;

(6) The date when the parade is to be conducted;

(7) The time when such parade will start and terminate, including the time at which units of

the parade will arrive in assembly area.

(8) The location by streets of the proposed parade route, the assembly area, the initial starting point and the disbanding area for the parade. If the assembly area, starting point and/or disbanding areas are located on private property, the applicant shall submit written permission for the holding of the activity from the owner or his authorized representative of the property;

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(9) The proposed location for parking area. If the parking area is located on private property, the applicant shall submit written permission from the owner or his authorized representative for allowing parking on the property;

(10) A statement as to whether the parade will occupy all or only a portion of the

width of the streets proposed to be used;

(11) The time at which units of the parade will arrive at the assembly area;

(12) The interval of space to be maintained between units in the parade;

(13) The approximate number of participants in the parade and, if applicable, the number and types of animals and vehicles or floats (including maximum height and length) which will constitute such parade;

(14) Any sanitation facilities and an operations plan which may be needed to keep the

parade route and assembly areas clean and free from debris and waste;

(15) A description of any public facilities or equipment needed for the parade, including first aid stations or portable restrooms;

(16) A safety and security plan;

(17) Copies of permits and agreements with all city departments other than the police

department shall be included with the application for the parade permit; and

(18) Any other information which the chief of police shall find necessary under the standards for issuance, hereinafter set forth in section 34-96.

Sec. 18.07.095. Standards for Issuance of Permit. A parade permit will be issued if, upon review of the application, the chief of police finds that:

(1) The parade may be conducted without substantially interrupting the safe and orderly movement of other traffic near its route;

(2) The parade will not require the diversion of so great a number of police officers of the city to properly police the parade and the adjacent areas, including parking areas, as to prevent normal police protection of the city;

(3) The parade will not require the diversion of so great a number of fire protection or emergency

medical services (EMS) personnel so as to prevent normal fire and EMS protection of the city;

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(4) The concentration of people, animals and vehicles at assembly points of the parade will not unduly interfere with fire and police protection of, or EMS services to, areas near such parade and assembly area;

(5) The parade will not unduly interfere with the efficient response movement of firefighting

equipment and services;

(6) The parade is scheduled to move from its point of origin to its point of termination without unreasonable delays;

(7) The conduct of the parade is not reasonably likely to cause injury to persons or property;

(8) Adequate sanitation and other required health facilities are or will be made available in or

adjacent to any public assembly areas;

(9) There are sufficient parking places near the site of the parade to accommodate the number of vehicles reasonably expected to be used in the parade or the applicant has made adequate arrangements for off-site parking and transfer of attendees and participants; and

(10) The applicant has secured the police services, if any, required under section 18.07.109.

Sec. 18.07.096. Contents of Permit. Each parade permit shall state the following information:

(1) Starting and ending time, including assembly time and cleanup time;

(2) Minimum and maximum speed;

(3) A description of the parade route and any assembly or disbanding areas;

(4) Maximum and minimum interval of space to be maintained between the units of the parade;

(5) Maximum number of individuals participating in the parade;

(6) The portions of the streets to be traversed that may be occupied by the parade; and

(7) Such other information as the chief of police shall find necessary to the enforcement of this division.

Sec. 18.07.097. Applicant Parking Requirements.

(a) Applicant shall submit evidence that sufficient parking will be available to accommodate the projected number of participants and attendees with a ten percent surplus. If said parking is to be on private property adjacent to the parade, written evidence that the applicant has a right of

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possession of said property through ownership, lease, license, or other property interest must be provided. When the location is not an established parking area, a plan shall be submitted which will show how the needed parking will be achieved and arranged. The number of parking spaces and layout of parking area, including aisle widths, size of parking spaces and whether parking attendants will be provided, shall be included in the submittal.

(b) When adequate parking is not available at or immediately adjacent to the site of the parade route, off-site parking may be used. Plans shall be submitted which will show how off-site parking and transfer of attendees will be accomplished.

Sec. 18.07.098. Duties of Permittee. A permittee shall comply with all parade permit directions and conditions and with all applicable laws and ordinances. Sec. 18.07.099. Denial or Revocation of Permit.

(a) The chief of police may deny a parade permit if:

(1) The parade will conflict in time and location with another parade or other special event for which a permit has already been granted;

(2) The applicant fails to comply with or the parade will violate an ordinance of the city or any other applicable law;

(3) The applicant makes or permits the making of a false or misleading statement or omission

of material fact on an application for a parade permit;

(4) The applicant has been convicted of violating this division or has had a parade permit revoked within the preceding 12 months;

(5) The applicant has previously failed to pay previous parade fees or police protection

charges;

(6) The applicant fails to provide proof of a license or permit required by this division or another city ordinance or by state law;

(7) The parade would severely hinder or compromise the delivery or performance of normal

services, including previously scheduled construction or maintenance services, or emergency services or constitutes a public threat;

(8) The applicant is unable or unwilling to pay any additional costs as may be required by the

chief of police;

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(9) The applicant fails to submit a complete application or fails to provide any additional information requested by the chief of police; or

(10) The proposed date or time for the parade or the location of the parade or parking

for such parade would substantially interfere or disrupt the educational activities of a school when such school is in session.

(b) The chief of police shall have the authority to deny or revoke a parade permit issued hereunder

for failure to meet the standards for issuance as set forth in section 18.07.095.

Sec. 18.07.100. Notice of Rejection; Appeal to City Council.

(a) The city manager shall act upon an application for a parade permit within seven days after the filing thereof. Any person aggrieved shall have the right to appeal the denial of a parade permit to the City Council and such decision shall be final. If the decision is for denial of the permit, the applicant may, within 24 hours after receipt of said decision, appeal to the City Council, presenting facts why the denial should be reversed.

Sec. 18.07.101. Alternative Permit. The chief of police, in denying an application for a parade permit, shall be empowered to authorize the parade on a date, time, or over a route different from that named by the applicant. An applicant desiring to accept an alternate permit shall, within five days after notice of the action of the chief of police, file a written notice of acceptance with the chief of police. An alternate parade permit shall conform to the requirements of, and shall have the effect of, a parade permit under this division. Sec. 18.07.102. Tents and Temporary Structures. Any parade which includes the use of a stage, seating, tent, canopy, or other temporary structure shall meet the requirements of the city's fire code and building code except that a separate permit is not required when a parade permit has been obtained. Fire lanes for emergency equipment must be provided and the site prepared in a manner so as not to be a fire hazard as determined by the fire chief. Sec. 18.07.103. Sanitary Facilities. Portable type sanitary facilities may be required if determined to be necessary by the chief of police, and an applicant shall be responsible for securing such facilities. Sec. 18.07.104. Animal Waste. Waste from animals used in any such parade shall be removed immediately following the completion of such parade. Should animals be kept within the city limits at night, they shall be kept not less than 300 feet from any developed residential or commercial districts. Sec. 18.07.105. Water Usage and Disposal of Wastewater.

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(a) Any parade or related activity desiring use of water from the city water system must coordinate with the appropriate city department to obtain a temporary meter. Deposit for the meter and payment for water used shall be in accordance with ordinances of the city.

(b) An applicant shall submit a plan for the disposal of wastewater and the plan shall be approved by the city manager.

Sec. 18.07.106. Waste Collection and Solid Waste Dumpster. An applicant shall make appropriate arrangements for the collection of all waste resulting from such parade, and commercial solid waste dumpsters may be required if determined to be necessary by the chief of police. If required, an applicant shall make arrangements for the provision of such dumpsters with a commercial solid waste disposal company currently having a franchise agreement with the city. Sec. 18.07.107. Loudspeakers. When loudspeakers will be used in conjunction with the parade, the location and orientation of speakers shall be indicated along with the planned hours of use. Speakers which are positioned so as not to adversely affect an adjacent residential district may be used between the hours of 7:00 a.m. and 9:00 p.m. when a parade permit has been obtained. The chief of police may modify the time limit for use of such speakers when good cause is demonstrated by the applicant. Any use of loudspeakers other than described shall first obtain the approval of the city council. Sec. 18.07.108. City Authority Over Parking. The chief of police shall have the authority, when reasonably necessary, to prohibit or restrict the parking of vehicles along a street or highway or part thereof constituting a part of the parade route by posting signs to such effect. It shall be unlawful for any person to park or leave unattended any vehicle in violation of the parking restrictions. Sec. 18.07.109. Police Services; Costs.

(a) The chief of police shall determine whether and to what extent police services are reasonably necessary for the parade for traffic control and public safety. The chief of police shall base this decision on the size, location, duration, time and date of the parade, the number of streets and intersections blocked, and the need to detour or preempt citizen travel and use of the streets and sidewalks. If additional police services for the parade are deemed necessary by the chief of police, he shall so inform the applicant for the parade permit. The applicant then shall have the duty to secure the police services deemed necessary by the chief of police. All police services shall be provided by the Buda Police Department unless prior written approval is given by the chief of police for the use of outside agencies.

(b) In the event the chief of police determines, upon a review of the application, that a parade may require the special attention and involvement of city personnel or facilities, the chief of police shall so notify the applicant. In such event, prior to the issuance of a parade permit, the applicant and the chief of police shall agree upon the cost of policing and cleaning and the closure of roads, and the applicant shall pay that amount to the city upon application. Prior to the issuance of a

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parade permit, the applicant shall agree in writing to pay any additional costs to the city within five days of the date upon which the city informs the applicant of the amount of such additional costs.

Sec. 18.07.110. Offenses and Penalty.

(a) A person commits an offense under this division if he:

(1) Stages, presents, or conducts any parade without first having obtained a permit as herein provided;

(2) Participates in a parade for which the person knows a permit has not been granted;

(3) Knowingly fails to comply with any condition of the parade permit;

(4) Rides, drives, or causes to be ridden or driven any animal or any animal-drawn vehicle upon any public street, unless specifically authorized by the parade permit;

(5) Hampers, obstructs, impedes or interferes with the parade, except when reasonably required for the safe and orderly conduct of the parade, or for the safety and welfare of the general public; or

(6) Drives between the vehicles or persons comprising a parade.

(b) A culpable mental state is not required for the commission of an offense under this section;

therefore, it shall be subject to the penalty as provided for in Section 1.01.009(a) of this Code.

(c) It is hereby determined that this section governs fire safety and public health and, therefore, any person violating or failing to comply with any of the provisions of this section, and, if it is shown at the time of trial that the conduct was intentional, it shall be subject to the penalty as provided for in Section 1.01.009(b) of this Code.

Secs. 18.07.111-18.07.120. Reserved.

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Division 5. Film Production Sec. 18.07.121. Definitions. The following words, terms and phrases, when used in this division, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning: Affected neighborhood means an area that is affected by film production, the boundaries of which are determined by the city manager upon issuance of a film production permit. Affected resident means an owner, tenant or resident of property within an affected neighborhood. Film production means the creation or production of moving images, including but not limited to, film, video and digital images, for use in movies, television, commercials, game design, video and digital interactive media, electronic media, and/or other media format, and related activities that:

(1) Are conducted primarily outdoors; and (2) Interfere with the normal flow or regulation of pedestrian or vehicular traffic; or (3) Require special city services, including but not limited to, street closure, stages, special parking

arrangements, special electrical services, special police services or protection, or use of city buildings or property.

Film production permit means the written approval from the city manager for film production. Producer means a person that has filed a written application for a film production permit, or the designated representative of such producer. Sec. 18.07.122. City Manager Authority.

(a) The city manager may authorize the use of any city street, right-of-way, park, land, public building, the Buda, Texas name, trademarks or logos, and city equipment or personnel for use for film production. The city manager shall require that any or all of the conditions or remuneration specified in the film production permit be met as a prerequisite to such use and shall require a security deposit in an amount as determined by the city manager.

(b) The city manager may prohibit, or order the cessation of, all film production if such activities are detrimental to the public health, safety and welfare.

(c) City personnel may inspect all structures, devices and equipment to be used in connection with

film production at all times, as directed by the city manager. Sec. 18.07.123. Permit Requirements.

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(a) Prior to filing an application for a film production permit, the person seeking such permit must contact the city manager to discuss the specific requirements for such film production.

(b) A person seeking a film production permit shall file an application with the city manager upon forms provided by the city and shall pay a nonrefundable application fee in an amount specified in a schedule of fees adopted by the city council. Such application must be submitted within the following time frames:

(1) An application for a feature film shall be filed not less than ten days before the commencement of filming or any substantial activity related to the film production.

(2) An application for commercials, episodic television or other media must be submitted not less than five days before the commencement of filming or any substantial activity related to the film production.

(3) If a person intends to conduct film production at more than one location or on more than

one date, all such locations and dates must be indicated in the application for a film production permit and such permit shall apply only to the dates and locations so indicated.

(4) The city manager shall ensure that other licenses and permits, restrictions, regulations,

fees for the city services, safeguards or other conditions deemed necessary by individual city departments for the safe and orderly conduct of a film production be requested, submitted and approved before the film production permit is granted; e.g., health permits, police personnel permits, street closure permits, park facility use permits; fire permits, or electrical permits.

Sec. 18.07.124. Use of City Equipment and Personnel.

(a) A producer shall pay for the costs of any police, fire, public works, or other city personnel assigned to the project, whether specifically requested by the producer or not. Remuneration rates for the use of any city equipment, including but not limited to, police cars and fire equipment, shall be established on a case-by-case basis as determined by the city manager. The producer shall pay all invoices for such costs promptly upon receipt of an invoice from the city. The city manager may require an advance deposit for the use of city equipment.

(b) The city manager shall have the authority to stipulate additional fire or police requirements, and level of staffing for same, at any time during a film production if it is determined to be in the best interest of public safety, health and welfare, which cost shall be borne by the producer. Off-duty police officers and firefighters shall be paid by the producer consistent with established off-duty rates, as amended.

Sec. 18.07.125. Fees for Use of City Property.

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(a) The producer shall reimburse the city for use of city property, including but not limited to parks and public buildings in such amounts specified in a fee schedule adopted by city council.

(b) The producer shall reimburse the city for use of streets, rights-of-way or other public property for which usage costs are not specified in a fee schedule, as determined by the city manager.

(c) The city shall have full control over city property used for film production, as well as full control over the hours and general location of film production.

Sec. 18.07.126. Special Equipment and Vehicles.

(a) The producer shall provide, in the application for a film production permit, the number and types of vehicles and equipment to be used during film production, including proposed hours of use and proposed parking locations. All such use and parking, including but not limited to, on-street parking or use of public parking lots, must be approved before issuance of a film production permit.

(b) The use of exterior lighting, power generators, or any other equipment that produces noise or light must be approved by the city manager.

Sec. 18.07.127. Hours of Production Activities.

(a) Film production is limited to the following hours:

(1) Monday through Friday: 7:00 a.m. to 9:00 p.m.

(2) Saturday, Sunday and holidays: 8:00 a.m. to 8:00 p.m.

(b) Hours of film production may vary from those above only if the producer has obtained written permission of the city manager for different hours and has provided notice of such hours to the affected residents.

Sec. 18.07.128. Notification to Affected Residents.

(a) The producer shall provide a written description and a schedule of the film production to the affected residents.

(b) The producer shall make a good faith effort to identify residents who reasonably appear to be affected by the film production activities and shall make reasonable attempts to contact them regarding the film production activities and shall submit a report noting the comments of such affected residents as part of the application. Such report should include statements of consent by any residents consenting to the activities and the physical and email addresses and telephone numbers of all residents contacted and attempted to be contacted, if no contact was made.

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Sec. 18.07.129. Insurance, Liability and Indemnity.

(a) The producer shall attach to the application for a film production permit a certificate of insurance, naming the city as an additional insured, in an amount not less than $1,000,000.00 general liability, including bodily injury and property damage with a $5,000,000.00 umbrella and automobile liability, if applicable, in an amount not less than $1,000,000.00, including bodily injury and property damage.

(b) The producer shall pay in full, promptly upon receipt of an invoice, the costs of repair for any and all damage to public or private property, resulting from, or in connection with, the film production, and restore the property to its original condition prior to the production, or to better than original condition.

(c) The producer shall indemnify and hold harmless the city, its officers, employees, agents, and representatives against all claims of liability and causes of action resulting from injury or damage to persons or property arising out of the film production.

Sec. 18.07.130. City Property, Equipment and Personnel. If a film production requires the use of any city property, equipment or personnel, the producer shall comply with any terms set forth by the city manager regarding such use and any other matters pertaining to the film production. Sec. 18.07.131. Denial of a Permit Application. The city manager may deny an application for a film production permit if:

(1) The film production will conflict in time and location with another film production, special event, block party or parade for which a permit has already been granted;

(2) The applicant fails to comply with, or the film production will violate, an ordinance of the city or any other applicable law;

(3) The applicant makes or permits the making of a false or misleading statement or omission of

material fact on an application for a film production permit;

(4) The applicant has been convicted of violating this article, has had a film production, special event or block party permit revoked within the preceding 12 months, or has failed to pay any additional costs assessed by the city for a previous film production, special event or block party within the previous two years;

(5) The applicant fails to provide proof of a license or permit required by this article or another city

ordinance or by state law;

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(6) The film production would unduly hinder or compromise the delivery or performance of normal services, including previously scheduled construction or maintenance services, or emergency services, or constitutes a public threat;

(7) The applicant fails to provide any required insurance or surety bonds that may be required under

this article;

(8) The applicant fails to pay any additional costs as may be required by the city manager;

(9) The applicant fails to submit a complete application or fails to provide any additional information requested by the city manager;

(10) The proposed date or time for the film production or the location of the film production

or parking for such film production would unduly interfere or disrupt the educational activities of a school when such school is in session; or

(11) The city manager determines, in his/her sole discretion, that the film production would be

detrimental to the health, safety and welfare of the citizens of Buda, Texas for any reason. Sec. 18.07.132. Revocation of a Film Production Permit. A film production permit shall be revoked upon any of the following conditions:

(1) In the event that the chief of police, fire chief, director of utilities, other city officials or their designated representatives find that any of the provisions of this article, another city ordinance, or state law is being violated, they shall immediately notify the city manager, and the film production permit issued hereunder shall be revoked;

(2) When, in the judgment of the above-named officials, a violation exists which requires immediate abatement, they shall have authority to temporarily revoke a film production permit in the absence or unavailability of the city manager and notice the city manager of same; after review of the revocation of the circumstances leading to the temporary revocation, the city manager shall reverse or affirm the temporary revocation; or

(3) The applicant made or permitted to be made a false or misleading statement or omission of

material fact on an application for a film production permit. Sec. 18.07.133. Offenses and Penalty. (a) A person commits an offense if he/she commences or conducts film production without a film

production permit or with a film production permit that has expired or been revoked. (b) A culpable mental state is not required for the commission of an offense under this section; therefore,

it shall be subject to the penalty as provided for in Section 1.01.009(a) of this Code.

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(c) It is hereby determined that this section governs fire safety and public health and, therefore, any person violating or failing to comply with any of the provisions of this section, and, if it is shown at the time of trial that the conduct was intentional, it shall be subject to the penalty as provided for in Section 1.01.009(b) of this Code.

Division 6. Public Conduct

Section 18.07.151 (a) It shall be unlawful for any person to hamper, obstruct, impede or interfere with any special

event, block party, parade or film production or with any person, vehicle, or animal participating or used in same.

(b) It shall be unlawful for any person to drive a vehicle between the vehicles or persons comprising a parade, unless directed to do so by a police officer.

(c) Where signage prohibits, it shall be unlawful for any person to drive a vehicle around barricades place for a block party, except for an individual to access their place of residence for which no alternative means of vehicular access is possible.

(d) (e) No person shall throw or give away candy, gifts, tokens, advertisements or any other objects from

any float or vehicle while such float or vehicle is on the parade route. (f) No person shall throw confetti, glitter, ticker tape, rice or similar material that affects

performance of stormwater facilities or is injurious to wildlife. Section 3: Chapter 18, Article 18.02, Division 3, Section 18.02.061 of the City of Buda Code of Ordinances is hereby amended to remove the definition for “Special event.” Section 4: The City of Buda Code of Ordinances is hereby amended by deleting section 18.02.066 of Chapter 18 and substituting a new section 18.02.006 of Chapter 18 to provide as follows: Sec. 18.02.066. Parks and Recreation Rental Application Guidelines. Requests for the rental of public park facilities shall be directed to the department, who shall decide the appropriate procedure for approval. Reservation requests shall be accepted no earlier than six months prior to a specific date, except for Special Events as defined by Section 18.07.031 of this Code. Section 5: The City of Buda Code of Ordinances is hereby amended by deleting Appendix A Fee Schedule of thereof and substituting therefore a new Appendix Fee Schedule as further set forth in Exhibit A of this Ordinance. Section 6: Severability. If any clause or provision of this Ordinance shall be deemed to be unenforceable for any reason, such unenforceable clause or provision shall be severed from the remaining portion of the Ordinance, which shall continue to have full force and effect. Section 7: Repeal. All ordinances, parts of ordinances, resolutions or parts of resolutions in conflict herewith are expressly repealed.

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Section 8: Penalty. Any person who violates, or any person who causes or allows another person to violate, any provision of this Ordinance shall be deemed guilty of a misdemeanor and, upon conviction thereof, shall either be punished by a fine of not more than Five Hundred Dollars ($500.00) or, if it is shown at the time of trial that the conduct was intentional, shall be subject to the penalty of up to Two-Thousand Dollars ($2,000) as provided by law. Each occurrence of any violation of this Ordinance shall constitute a separate offense. Each one-half hour in any day in which any violation of this Ordinance occurs shall constitute a separate offense.

Section 9: Passage. Pursuant to Section 3.12 of the City Charter, the Council determines that the first reading of this ordinance is sufficient for adequate consideration by an affirmative vote of five or more members of the City Council during the first reading and the Ordinance is passed by the affirmative vote of four or more members of the City council; this Ordinance is adopted and enacted without further readings. In the event a second reading is necessary, this Ordinance is adopted and enacted upon the affirmative vote of four or more members of the City Council upon second reading. Section 10. Effective Date. This Ordinance shall take effect ninety (90) days immediately from and after its final passage and any publication in accordance with the requirements of the City of Buda and the laws of the State of Texas. PASSED, APPROVED AND ADOPTED by the City Council of the City of Buda, on this the ____ day of ________, 2018.

APPROVED:

__________________________ George Haehn, Mayor

ATTEST:

(CITY SEAL) __________________________ Alicia Ramirez, City Clerk City of Buda, Texas

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APPENDIX A

FEE SCHEDULE

ARTICLE A1.00 GENERAL PROVISIONS

The city hereby adopts the fee schedule below and imposes the fees set forth therein upon the services, activities, events, materials, and supplies that are described therein. These rates shall be collected by the city in accordance with the various city ordinances that more particularly describe each of the fees.

ARTICLE A2.00 ANIMAL CONTROL

(a) Standard licensing fees.

(1) Dog or cat annual tag (one time fee): $10.00.

(2) Replacement tag: $5.00.

(b) Permits.

(1) Auction: $100.00.

(2) Aviary: $50.00.

(3) Circus: $200.00.

(4) Grooming shop: $50.00.

(5) Guard dog training center: $200.00.

(6) Kennel authorized to house:

(A) Fewer than 10 dogs or cats: $50.00.

(B) 10 to 49 dogs or cats: $100.00.

(C) 50 or more dogs or cats: $150.00.

(7) Obedience training center: $50.00.

(8) Performing animal exhibition: $50.00.

(9) Pet shop: $100.00.

(10) Petting zoo: $150.00.

(11) Riding stable: $100.00.

(12) Zoological park: $200.00.

(c) Impoundment fee (all animals). Impoundment fees shall be as set by the contracted shelter.

ARTICLE A3.00 ADMINISTRATIVE FEES

(a) Nondepartmental fees.

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(1) Returned checks fee: $35.00.

(2) NSF electronic draft fee: $35.00.

(3) Fee for credit card payment by phone or in person: $2.75.

(b) Alcohol sales permit.

(1) Sales permit. The fee for a permit to sell alcoholic beverages shall be equal to one-half of the fee charged by the state alcoholic beverage commission for each license the permit applicant is required to obtain from that agency.

(Ordinance 2017-10, ex. B, adopted 9/19/17)

(2) Late hours permit; fees. No person shall sell mixed beverages or wine or beer under a retail dealer’s on-premises late hours license between 1:00 a.m. and 2:00 a.m. on Sunday and on any other day between 12:00 a.m. and 2:00 a.m. within the corporate city limits of the city without first paying the appropriate fee to the city secretary and obtaining a city mixed beverage late hours permit or retail dealer’s on-premises late hours license. The fee shall be equal to one-half of the fee charged by the state for a mixed beverage late hours permit or retail dealer’s on-premises late hours license, except when said fee is waived according to the provisions of the state alcoholic beverage code. Following payment of the fee and approval of the late hours permit application, the city secretary shall issue a mixed beverage late hours permit or retail dealer’s on-premises late hours license for that location for a period of two (2) years. (Ordinance 2015-15, sec. III, adopted 12/15/15)

(c) Charges for providing copies of public information. The fee for charges in this section are in accordance with Govt. Code ch. 552 Public Information Act:

(1) Paper copy, standard size 8-1/2 x 11 (per page): $0.10.

(2) Oversized paper copies 11 x 17 (per page): $0.50.

(3) Posting/shipping charges: Actual cost.

(4) Hard copy map fee:

(A) 8-1/2 x 11 (per page): $2.00.

(B) 11 x 17 (per page): $5.00.

(C) Full plan size up to 32 x 42 (per page): $40.00.

(5) Specialty paper: Actual cost.

(d) Other charges.

(1) Diskette (each): $1.00.

(2) Magnetic tape (each): $12.00.

(3) Rewritable of nonwritable CD (each): $1.00.

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(4) Digital video disc (DVD) (each): $3.00.

(5) VHS videocassette (each): $2.50.

(6) Audiocassette (each): $1.00.

(7) Other charges: Actual cost.

(e) Fax charges.

(1) Local (per page): $0.10.

(2) Long distance/same area (per page): $0.50.

(3) Long distance/other area code (per page): $1.00.

(4) Personnel (per hour): $15.00.

ARTICLE A4.00 BUILDING AND DEVELOPMENT

(a) Escrow authorization: For any building and development related fee, the city may require escrow of funds to cover any third-party review expenses beyond normal and customary. Such escrow shall be based on estimated costs provided by the applicable third-party professional service provider.

(b) Accessory building: $55.00.

(c) Accessory building reinspection: $55.00.

(d) Administrative exception or adjustment: $250.00 per exception.

(e) Annexation petition: $750.00 + publication fee (annexation).

(f) Building permit (remodel).

(1) Commercial (includes 2 plan reviews; additional plan reviews are $70.00 per hour. Payment of additional review fees is due upon plan resubmittal): $0.20/sf.

(2) Residential: $75.00.

(g) Certificate of occupancy.

(1) New structure.

(A) Temporary: $150.00.

(B) Permanent: $75.00.

(2) Structure vacant or unused greater than 1 year (includes inspection).

(A) Temporary: $150.00.

(B) Permanent: $150.00.

(h) Comprehensive plan amendment. 312

0–5 acres $1,500.00

5+–25 acres $2,000.00

25+–50 acres $3,000.00

50+ acres $4,000.00 + $10.00 per acre

*$1,000.00 for policy change not affecting land.

(i) Contractor registration.

(1) Backflow contractor: $75.00.

(2) General contractor.

(A) Commercial: $25.00.

(B) Residential: $25.00.

(3) Electrician.

(A) Master: $25.00.

(B) Journeyman: $25.00.

(4) Plumber, irrigation installers: $25.00.

(5) Mechanical (HVAC): $25.00.

(6) Fire sprinkler: $25.00.

(7) Pool: $25.00.

(j) Cross-connection permit.

(1) Customer: $25.00 per device.

(2) Test by city: $200.00.

(3) Retest by city: $100.00.

(k) Demolition permit: $100.00.

(l) Development.

(1) Agreement or agreement amendment: $2,000.00 + publication fee (zoning) + personal notification fee + escrow for consultant.

(2) Application extension: $200.00.

(m) Easement review and acceptance: $300.00 + recording fee.

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(n) Electrical permits.

(1) Residential: $55.00.

(2) Commercial: $75.00.

(o) Electrical pole (temporary): $25.00.

(p) General development plan and general development plan revision: $1,000.00 + greater of $20.00/lost or $20.00/acre.

(q) Grease traps.

(1) Small.

(A) Application fee: $65.00.

(B) Inspection fee: $75.00.

(2) Large.

(A) Application fee: $65.00.

(B) Inspection fee: $75.00.

(r) Historic landmark designation: $65.00.

(s) Inspections.

(1) Residential: $55.00.

(2) Commercial: $75.00.

(3) Multipurpose: $100.00 per building.

(4) Reinspection fee: Same as regular inspection fee.

(t) Legal lot determination: $100.00.

(u) Mechanical permit.

(1) Residential: $55.00.

(2) Commercial: $85.00.

(v) Moving structure permit: $150.00 + escrow of costs associated with road closures, traffic control and other municipal expenses incurred.

(w) Off-site infrastructure.

(1) In city: $500.00 + 0.035 x public infrastructure construction cost.

(2) Out of the city: $500.00 + 0.035 x public infrastructure construction cost.

(x) Infrastructure.

(1) Reinspection: $100.00.

(2) Final walk thru reinspection: $250.00.

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(y) Permit processing fee (applied to each permit): $10.00.

(z) Incomplete application administrative fee (in addition to other fees and review charges): $250.00.

(aa) Parking fee in lieu: $2,000.00 per parking space.

(bb) Plan reviews.

(1) Commercial (includes 2 plan reviews; additional reviews are $70.00 per hour. Payment of additional review fees is due upon plan resubmittal): $0.20/sf.

(2) Residential: $75.00.

(cc) Plats.

(1) Amending or administrative replat: $500.00 + greater of $20.00/lot or $20.00/acre.

(2) Minor: $500.00 + greater of $20.00/lot or $20.00/acre.

(3) Nonresidential: $750.00 + greater of $20.00/lot or $20.00/acre.

(4) Residential: $750.00 + greater of $20.00/lot or $20.00/acre.

(5) Replat requiring P&Z and/or city council approval: $750.00 + greater of $20.00/lot or $20.00/acre + publication fee (subdivision) + personal notice fee.

(6) Vacation: $500.00 + greater of $20.00/lot or $20.00/acre.

(dd) Plumbing permits.

(1) Residential: $55.00.

(2) Commercial: $85.00.

(3) Remodel: $55.00.

(ee) Pool permits.

(1) Residential: $80.00.

(2) Commercial: $120.00.

(ff) Preliminary plan revised.

(1) Residential - new or revised: $1,000.00 + greater of $20.00/lot or $20.00/acre.

(2) Nonresidential - new or revised: $1,000.00 + greater of $20.00/lot or $20.00/acre.

(gg) Publication fees for public hearings.

(1) Annexation: $400.00.

(2) Zoning: $100.00.

(3) Subdivision: $100.00.

(hh) Personal notice fee for public hearings: $5.00 per letter.

(ii) Property data request: $150.00.

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(jj) Public hearing renotification: $350.00 + personal notice fee for public hearings + publication fees if the result of applicant request/inaction/change.

(kk) PUD district: $2,000.00 + $100.00 per acre + publication fee (zoning) + personal notice fee for public hearings + escrow.

(ll) PUD district amendment: $2,000.00 + $100.00 per acre + publication fee (zoning) + personal notice fee for public hearings + escrow.

(mm) Red tag.

(1) Cease and desist order: $50.00.

(2) Reinspection: $100.00.

(nn) Right-of-way or easement abandonment: $250.00 + escrow for consultant review.

(oo) Sidewalk fee in-lieu: $5.00 per sq. ft.

(pp) Signs.

(1) Electrical: $100.00 + $0.50 per sq. ft. per sign area.

(A) Commercial inspection: $75.00.

(B) Residential inspection: $55.00.

(2) Electronic reader board; message on city sign for up to 30 days: $20.00.

(3) Nonelectrical: $85.00 + $0.50 per sq. ft. per sign area.

(qq) Site inspection.

(1) Commercial.

(A) In city: $500.00 + 0.05 x public infrastructure construction cost.

(B) Out of city: $500.00 + 0.05 x public infrastructure construction cost.

(2) Residential.

(A) In city: $500.00 + 0.035 x public infrastructure construction cost.

(B) Out of city: $500.00 + 0.035 x public infrastructure construction cost.

(3) Final walk through reinspection: $250.00.

(4) Reinspections: $100.00.

(rr) Site plan review (includes 2 plan reviews. A 3rd review requires payment of a new application fee).

(1) Inside city limits: $1,000.00 + $0.04/sf of impervious cover (minimum $2,000.00 total).

(2) Outside city limits: $1,000.00 + $0.04/sf of impervious cover (minimum $1,500.00 total).

(3) Minor: (<0.5 acre): $750.00 + $20.00 per acre.

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(ss) Site plan correction fee (per review): $250.00 + $0.04/sf of impervious cover (minimum $500.00 total).

(tt) Site plan revision: $500.00.

(uu) Special use permit.

(1) $500.00 + $25.00 per acre + publication fee (zoning) + personal notice fee for public hearings.

(2) Minor amendment administrative: $250.00.

(3) Major amendment requiring hearings: $500.00 + $25.00 per acre + publication fee (zoning) + personal notice fee for public hearings.

(vv) Sprinkler permits.

(1) Residential: $80.00.

(2) Commercial: $100.00.

(ww) Start work without permit: $500.00.

(xx) Street closure:

(1) Short-Term (24 hours or less) Neighborhood/Non-Profit: $100

(2) Short-Term (24 hours or less) Commercial and Construction: $200

(3) Long-Term (more than 24 hours): $100 plus $100 per week or portion thereof/per lane/per block

(yy) Technology fee (My Permit Now): $10.00.

(zz) Traffic impact analysis.

(1) 2,000–5,000 trips per day: $1,500.00.

(2) 5,001–10,000 trips per day: $2,400.00.

(3) 10,001–15,000 trips per day: $3,300.00.

(4) 15,001+ trips per day: $3,700.00.

(5) Traffic impact analysis (TIA) revision: 1/2 current TIA fee.

(aaa) Tree removal.

(1) Permit.

(A) Commercial: $75.00.

(B) Residential: $55.00.

(2) Permit review.

(A) Commercial: $75.00. 317

(B) Residential: $55.00.

(bbb) Tree mitigation fees (price per caliper inch mitigation required).

(1) Protected tree (8" to 20"): $100.00.

(2) Heritage tree (20"+): $300.00.

(ccc) Variance: $500.00 per variance + publication fee (zoning) + personal notice fee for public hearings.

(ddd) Special exception: $500.00 per special exception + publication fee (zoning) + personal notice fee for public hearings.

(eee) Subdivision waiver: $500.00 per waiver.

(fff) Zoning change: $950.00 + $100.00/ac + publication fee (zoning) + personal notice fee for public hearings.

(ggg) Zoning verification letter.

(1) City form: $50.00 per lot.

(2) Custom request: $100.00 per lot.

ARTICLE A5.00 BUSINESS FEES

(a) Sexually oriented business license fee: $300.00.

(b) Solicitors permit: $250.00.

(c) Temporary food event fee: $300.00.

(d) Mobile food vendor:

(1) Hot fee: $55.00 (quarterly).

(2) Cold fee: $45.00 (quarterly).

(e) Temporary noise permit: $50.00.

(Ordinance 2017-10, ex. B, adopted 9/19/17)

(f) Nondepository financial institution annual registration fee: $100.00. (Ordinance 2014-09, sec. 2, adopted 3/18/14)

ARTICLE A6.00 LIBRARY

(a) User fees.

(1) Nonresident user fee (outside of county): $15.00 per year.

(2) Replacement card: $3.00.

(b) Fines. 318

(1) Overdue books (per day): $0.05.

(2) Overdue DVDs (per day): $0.25.

(3) Late notice letter: $0.50.

(4) Maximum fine limit.

(A) Per item: $3.00.

(B) Per family: $20.00.

(5) Lost/damaged items: Cost of item before discount + $3.00 processing fee.

(c) Interlibrary loan fee: $2.00.

(d) Returned check fee: $35.00.

(e) CD: $0.50.

(f) Fax (per page): $0.50 per page or 3 pages for $1.00.

(g) Copy or print.

(1) Black and white (per page): $0.10.

(2) Color (per page): $0.25.

(h) Laminate (per letter-sized area): $0.50.

ARTICLE A7.00 PARKS AND RECREATION

(a) Small pavilions.

(1) Deposit (refundable): $100.00.

(2) Resident fee: $35.00.

(3) Nonresident fee: $45.00.

(b) City Park.

(1) Large pavilion.

(A) Deposit (refundable): $100.00.

(B) Resident fee: $100.00.

(C) Nonresident fee: $125.00.

(2) All day.

(A) Deposit (refundable): $500.00.

(B) Nonprofit organization fee (per day): $250.00.

(C) For-profit organization fee (per day): $500.00.

(c) Stagecoach Park.

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(1) Pavilion.

(A) Deposit (refundable): $100.00.

(B) Resident fee: $50.00.

(C) Nonresident fee: $65.00.

(2) Amphitheater.

(A) Deposit (refundable): $100.00.

(B) Resident fee: $50.00.

(C) Nonresident fee: $65.00.

(3) All day.

(A) Deposit (refundable): $500.00.

(B) Nonprofit organization fee (per day): $250.00.

(C) For-profit organization fee (per day): $500.00.

(d) Greenbelt area along Main Street and Railroad (all day).

(1) Deposit (refundable): $500.00.

(2) Nonprofit organization fee (per day): $150.00.

(3) For-profit organization fee (per day): $300.00.

(e) Bradfield Park (all day).

(1) Deposit (refundable): $500.00.

(2) Nonprofit organization fee (per day): $150.00.

(3) For-profit organization fee (per day): $300.00.

(f) Sportsplex.

(1) Field rentals (per hour).

(A) Resident: $15.00.

(B) Nonresident: $20.00.

(C) With facility use agreements: $15.00.

(2) Tournament, any one field per day: $150.00.

(3) Percentage of gate sales: 20%.

(4) Percentage of gross concession sales: 10%.

(g) Commercial use.*

(1) Per hour at designated location: $20.00. 320

(2) Commercial permit (yearly): $100.00.

(3) Deposit (refundable): $500.00.

* Commercial use fees will not be assessed for nonprofit organizations that do not charge a gate fee for their special event.

(h) Permit fees.

(1) Nonutility types of permits: $10.00.

(2) Electrical use permits: $10.00.

(3) Water use permits: $10.00.

(4) On-site inspections for certain permits: $15.00.

ARTICLE A8.00 SPECIAL EVENT, BLOCK PARTY, PARADE AND FILM PRODUCTION FEES

(a) Special Event Fees

(1) Special event permit fees are in addition to fees for use of parks and pavilions, street closures, costs to barricade and any other applicable city licenses and permits

(2) Special Event Permit Application Fee:

(A) Non-Profit: $100.00.

(B) For-Profit: $250.00.

(b) Block Party Fees: $50 (includes maximum 6 hr. short-term street closure) in addition to fees for use of parks and pavilions, costs to barricade and any other applicable city licenses and permits

(c) Parade Fees: $50 in addition to fees for use of parks and pavilions, street closures, costs to barricade and any other applicable city licenses and permits

(d) Film Production Fees

(1) Application processing fee: $50.00.

(2) Total or disruptive use (regular operating hours) of a public building, park, right-of-way or public area: $500.00 per calendar day.

(3) Partial nondisruptive use of a public building, park, right-of-way or public area: $250.00 per calendar day.

(4) Total closure or obstruction of public street or right-of-way including parking lots and on-street parking (for filming purposes): $50.00 per block per calendar day.

(5) Partial closure or obstruction of public street or right-of-way including parking lots and on-street parking (for filming purposes): $25.00 per block per calendar day.

(6) Use of city parking lots, parking areas and city streets (for the purpose of parking film trailers, buses, catering trucks and other large vehicles): $50.00 per block or lot per

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calendar day.

ARTICLE A9.00 STREETS

(a) General.

(1) Surface cut of any street or public way other than a curb or gutter.

(A) Up to 15LF: $450.00.

(B) Anything above 15LF add $30.00 per additional linear foot.

(2) Bore under any street or other public way: $200.00.

(3) To cut into a curb and gutter (refunded less direct expenses incurred by city): $500.00.

(b) Use and occupancy of public right-of-way.

(1) Network node application fee (1 to 30): $100.00.

(2) Annual public right-of-way use fee (per node): Annual rate of $250.00.

(3) Network support pole application fee: $100.00 each.

(4) Transport facility application fee: $100.00 each.

(5) Transport facility right-of-way rental fee (per node): $28.00 monthly rate.

ARTICLE A10.00 POLICE

(a) Annual inspection fees for wrecker service: $100.00. (b) Car Usage for Off Duty Assignments (1) Travel: $15 flat fee (2) Active Use (traffic control, escorts, races, etc.): $10 per hour

ARTICLE A11.00 UTILITIES

(a) Deposits.

(1) Residential customers.

(A) Water/wastewater/trash: $90.00.

(B) Wastewater/trash: $65.00.

(C) Wastewater out of city: $65.00.

(D) Trash only: $25.00.

(2) Commercial customers. Any combination of utilities: $250.00.

(b) Fire hydrant meter deposit: $1,500.00.

(c) Reread meter request: $10.00. 322

(d) Turn on fee (water customers): $25.00.

(e) Transfer fee: $25.00.

(f) Late charge: 10% of balance.

(g) Pulled meter: $25.00.

(h) Meter accuracy check: $15.00.

(i) Reconnection fee: $40.00.

(j) Reconnection fee after hours: $60.00.

(k) Deferment plan fee: $25.00.

(l) Return check fee: $35.00.

(m) Fire hydrant meter monthly charge: $50.00.

(n) Unauthorized service: $75.00.

(o) Water connection fee.

(1) 5/8 or 3/4 inch.

(A) Inside city: $400.00 + cost of meter.

(B) Outside city: $500.00 + cost of meter.

(2) 1 inch or larger.

(A) Inside city: $500.00 + cost of meter.

(B) Outside city: $625.00 + cost of meter.

(p) Wastewater connection fee.

(1) 4 inch.

(A) Inside city: $450.00.

(B) Outside city: $562.00.

(2) 6 inch.

(A) Inside city: $550.00.

(B) Outside city: $688.00.

(3) 8 inch.

(A) Inside city: $1,050.00.

(B) Outside city: $1,313.00.

(4) 10 inch.

(A) Inside city: $1,300.00. 323

(B) Outside city: $1,625.00.

(q) Meter cost.

(1) 3/4" meter: $297.00.

(2) 1" meter: $528.00.

(3) 1-1/2" meter: $965.00.

(4) 2" meter: $1,130.00.

(5) 3" Mag (formerly compound) meter: $2,385.00.

(6) 4" Mag (formerly compound) meter: $2,750.00.

(7) 8" compound meter: $9,000.00.

(8) 2" turbine meter: $1,260.00.

(9) 3" turbine meter: $1,485.00.

(10) 4" turbine meter: $2,005.00.

(11) Any other meter by size not noted: Call for cost.

(12) End points (required for all meters): $110.00.

(Ordinance 2017-10, ex. B, adopted 9/19/17)

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City Council Agenda Item ReportDate: Tuesday, July 3, 2018

Agenda Item No. 2018-395-Contact: Micah Grau

Subject: Deliberation and possible action on a petition request by the HaysCommunity YMCA Camp Moody to connect to the City of Buda's public watersystem (Assistant City Managers Chance Sparks and Micah Grau)

1. Executive SummaryThe Hays Community YMCA Camp Moody, located at 959 Old San Antonio Road, is requesting toconnect to the City of Buda's public utility systems. The property is currently located in theCreedmoor Maha Water Supply Corporations service area and is partially located inExtra-Territorial Jurisdictions (ETJs) of both the City of Buda and the City of Austin.

2. Background/HistoryCamp Moody is requesting to connect to the City's water supply at their new camp. The UnifiedDevelopment Code suggests that a property agree to annexation in order to be served by city utilities.A challenge of serving this property is that it is located partially within multiple jurisdictions. Asmall portion of the property is included in the City of Buda's Water CCN, but the majority of the siteis located in the Creedmoor Maha Water Supply Corporation. A portion of the property is within theCity of Buda's ETJ but the majority is located with the City of Austin's ETJ.

For properties located outside of the city limits, the UDC Section 3.01.06.C outlines a process for theCity to consider providing services to customers seeking utility connections. It states that "a petitionfor approval to extend water or wastewater utility facilities shall be submitted to the Director ofPlanning on a form furnished by the City. A petition shall include or be accompanied by a writtenrequest for annexation of the applicant's property." The petition is reviewed by City staff and areport delivered to the City Council. The UDC further states that "the City Council will evaluate thepetition on the basis of the staff report" and the following criteria:

a) Whether the proposed development to be served by the extension is consistent with theComprehensive Plan;b) Whether the extension is proposed to be constructed in accordance with the Engineering CriteriaManual, the provisions of this UDC, and all other applicable City regulations and standards;c) Whether it is feasible to annex the property, and any intervening property which is needed forutility rights-of-way, to the City in a timely manner;d) Whether the utility extension would compromise the City's ability to timely provide adequate 325

water or wastewater facilities to property inside the City;e) Whether the utility extension will lead to premature development that cannot be served efficientlyand timely by roadway, drainage or park facilities;f) Whether the utility extension is financially feasible given the proposed means of financing theextension;g) Whether the utility extension will lead to significant degradation of water quality or otherenvironmental resources, either from construction of the water or wastewater improvements,development of petitioner's land, or development of other land that may be served through theextended facilities; andh) Whether the petitioner proposes to extend wastewater facilities without utilizing City waterfacilities.

Camp Moody is proposing to connect via a water main that will be constructed by HaysConsolidated ISD (HCISD) to serve the new Buda Elementary School. The YMCA anticipates that theirmonthly water usage would average 30,000 gallons per month.

3. Staff's review and analysisThe YMCA's request for service meets most but not all of the conditions identified in the UDC. Thereare two issues that prevent the property from meeting the UDC's conditions. First, because theproperty is on the edge of Hays County, the property is split and falls under multiple jurisdictions. Asmall southern portion of the property falls within the City of Buda's ETJ. The parcel is not currentlycontiguous to the city limits. In order to be annexed by the City of Buda, the City of Austin would firstneed to agree to release the remainder of the property from its ETJ. Another option would be for theCity of Buda to pursue annexation of only the small portion located within Buda's ETJ once state lawannexation requirements were met.

The second issue is that the property is currently located in the Creedmoor Maha Water SupplyCorporation's CCN or water service area. The YMCA would need to first secure a release from theCreedmoor Maha service area, through a process outlined by the Public Utility Commission, beforethe City of Buda could provide them with service. Creedmoor Maha may allow the release if they areunable to serve the camp or it would be cost prohibitive to do so.

4. Financial ImpactThe YMCA Camp Moody is proposing to connect to the City's water and sewer system through a newservice lines that will be installed by HCISD to serve the new Buda Elementary School, which islocated directly adjacent to the camp property. There would be no additional cost to serve the YMCA.The YMCA estimates that it would use an average of 30,000 gallons per month which would be billedthrough the City of Buda as a commercial account.

While the UDC outlines that annexation of a property will be a consideration for providing utilities,it should be noted that this property will not provide property tax benefit to the City as the YMCA is anon-profit.

5. Summary/ConclusionThe YMCA has petitioned the City of Buda for an extension of public utility services. For propertyoutside the city limits, the City of Buda’s Unified Development Code states that the property ownermust also include a written request for annexation of the property to be served. The camp is partiallyin Buda’s and Austin’s ETJ.

6. Pros and ConsThe YMCA Camp can bring additional guests and families to the Buda area. The camp is expected touse approximately 30,000 gallons of water per month, adding to the number of commercial accounts

326

of the City.

7. AlternativesNot applicable.

8. RecommendationStaff does not have a recommendation on this item. Staff anticipates that the City would be able toserve the property once new service lines are constructed to serve the new Buda Elementary School.

The City Council may consider conditioning the utility service on two items:

1) The YMCA successfully acquire a release from the Creedmoor Maha Water CCN through the PublicUtility Commission; and2) The YMCA successfully secure a release from the City of Austin's ETJ and voluntarily requestannexation by the City of Buda.

327

Adopted October 2, 2017

226 | Section 3. Subdivision Regulations and Development Standards

3.01.05. General Plat Requirements

A. Development Application

All submittals shall conform to the appropriate Development Application.

B. Application Fees

All Application fees shall be paid according to the Fee Schedule.

C. Zoning Regulations Requirements

All requirements pertaining to lot size, yard size, dwelling size, lot coverage, height, parking, loading and

screening contained in the current Zoning Regulations of the City shall be adhered to for development

under this UDC.

D. Phased Development

1. All phased developments shall be in accordance with the Comprehensive Plan.

2. The City may establish size limits and requirements for phased development.

3. A concept development plan for the entire site shall be prepared and shall accompany all submittals

for a Preliminary Plat and Final Plat.

4. Phased Developments shall coordinate with the surrounding land use plan and existing

developments.

5. Each phase shall submit a Preliminary Plat and Final Plat.

E. Park Dedication

1. Park dedication (including temporary access if necessary) shall be dedicated to the City with each

phase at least in proportion to the size of the phase being platted.

2. If the City has determined that money shall be paid in lieu of land dedication, then the payments

shall be made with each phase in proportion to the size of the phase being platted.

F. Drainage

If provisions are necessary for drainage facilities on the unplatted future phases of the development,

then the Plat shall include separate instruments for (easements) off-site drainage needs and shall

include appropriate notes and descriptions providing the City the appropriate permissions and

approvals needed for access and for maintaining and improving the drainage system.

3.01.06. Extraterritorial Jurisdiction (ETJ)

A. Subdivision Regulations and Development Standards in the ETJ

Subdivision Regulations and Development Standards as they now exist or may hereafter be amended,

are hereby extended to all of the area lying within the extraterritorial jurisdiction of the City and the

rules and regulations within said Subdivision Regulations and Development Standards governing Plats

and Subdivision of land shall be applicable to such area within said extraterritorial jurisdiction from and

after the date of final passage of this UDC.

B. Subdividing

No person shall subdivide or plat any tract of land within the extraterritorial jurisdiction of the City

except in conformity with the provisions of these Subdivision Regulations and Development Standards.

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Adopted October 2, 2017

Subsection 3.01. General Provisions | 227

C. Utility Extensions in the ETJ

1. Purpose and Applicability

A petition for approval to extend City water or wastewater utility facilities under this Section applies

only to land located within the City's extraterritorial jurisdiction.

2. Procedure

A petition for approval to extend City water or wastewater utility facilities shall be submitted to

the Director of Planning on a form furnished by the City. A petition shall include or be

accompanied by a written request for annexation of the applicant's property. If the applicant's

property is not contiguous to the City limits, the petition must be accompanied by a written

request for annexation of an area at least 15 feet in width from each property owner, or, for

public right-of-way, the entity having jurisdiction over the right-of-way, along the intended

route of the utility extension.

A petition for approval to extend City water or wastewater utility facilities will be reviewed by

the City staff, and the Director of Planning will make a written report to the City Council on the

petition.

The City Council will evaluate the petition on the basis of the staff report and the criteria listed

in 3 below. The City Council may either grant, grant subject to conditions, or deny the petition.

3. Policies Applicable to Petitions for Utility Extensions in ETJ

The following policies shall be taken into consideration in deciding a petition for a utility extension:

Whether the proposed development to be served by the extension is consistent with the

Comprehensive Plan;

Whether the extension is proposed to be constructed in accordance with the Engineering

Criteria Manual, the provisions of this UDC, and all other applicable City regulations and

standards;

Whether it is feasible to annex the property, and any intervening property which is needed for

utility rights-of-way, to the City in a timely manner;

Whether the utility extension would compromise the City's ability to timely provide adequate

water or wastewater facilities to property inside the City;

Whether the utility extension will lead to premature development that cannot be served

efficiently and timely by roadway, drainage or park facilities;

Whether the utility extension is financially feasible given the proposed means of financing the

extension;

Whether the utility extension will lead to significant degradation of water quality or other

environmental resources, either from construction of the water or wastewater improvements,

development of petitioner's land, or development of other land that may be served through

the extended facilities; and

Whether the petitioner proposes to extend wastewater facilities without utilizing City water

facilities.

329

330

RESOLUTION NO 20071011-006

BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF AUSTIN

The Extraterritorial Jurisdiction Adjustment Policy, attached as Exhibit

A, is approved

ADOPTED October 11 ,2007 ATTEST v^irjr._.Shirley JA Gentry

City Clerk

331

..EXHIBIT _A_

City of AustinPolicy for Extraterritorial Jurisdiction (ETJ) Adjustments

10/02/07Purpose

The extraterritorial jurisdiction (ETJ) is the unincorporated land within five miles of Austin s full purposecity limit that is not within the city limits or ETJ of another city It is the territory where Austin alone isauthorized to annex land The ETJ represents a city s potential growth boundary both with respect to itsfuture tax base and municipal service area The ETJ further ensures a city s ability to capture its fairshare of regional growth

The ETJ also enables the City to extend regulations to adjacent land where development can affectquality of life within the city ETJ regulations help to ensure that subdivisions that may be annexed byAustin in the future meet minimum standards for road access water quality and other factors

It is for all of these purposes that the ETJ should be valued and promoted as a general public resourceHowever there may be times when two cities mutually agree to an adjustment of ETJ boundaries toachieve more logical boundaries The release of ETJ is a discretionary act on the part of cities Beforegranting the request for an adjustment or release the City of Austin seeks to ensure that the release willnot negatively impact Austin s interests Although the City of Austin has not acquired any substantivearea through mutual transfer of ETJ exchanges of ETJ are more likely to receive positiverecommendations than requests for unilateral releases

Requests for release of ETJ should establish a clear justification for release by meeting the standardsthat would help identify critical issues and potential negative impacts associated with a release

This ETJ release policy is intended to

• encourage orderly development• protect the City s future tax base• curtail the amount of jurisdiction that is being yielded annually• create equity between competing jurisdictions and• provide a mechanism for assessing the appropriateness of future requests

Adoption of the ETJ release policy would standardize the release process by providing a mechanism formeasuring a request based on its individual merit Standardization should make the release processmore equitable for all jurisdictions and effectively reduce the amount of ETJ that is voluntarily releasedannually The adoption of this policy is not intended to limit the authority of the City Council to consider orapprove any particular release or exchange of ETJ

Guiding Principles

1 The City of Austin should have no long term annexation potential The requesting jurisdictionshould be in a better position than the City of Austin to annex and serve the property in the shortterm

2 The release should serve the general public interest and convey benefits to all parties eitherthrough the extension of services enhanced environmental protection or through mutualexchange of ETJ

3 Development in the release area should be subject to equal or better water quality regulationsthan those in place at the time of release

4 The release should not create a competitive disadvantage for similar development situatednearby within Austin s jurisdiction

5 Requesting jurisdiction should be in compliance with all agreements regarding previous ETJreleases

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Background

Extraterritorial jurisdiction releases by the City of Austin have been voluntarily granted in the overallinterest of promoting regional cooperation with its neighboring jurisdictions It has been the City s policyto negotiate the terms for ETJ releases based on an ability to serve and to share in regional growth TheCity has also been the target of legislation mandating the release of ETJ

In the past the process for evaluating requests included some regulatory comparisons but most releaseswere negotiated on an ad hoc basis Many of those negotiations were based on verbal agreementsbetween elected officials

This policy is intended to provide city staff with guidance for the evaluation of ETJ release requests and tostandardize the ETJ release process The process for releasing ETJ should be governed by an adoptedpolicy and in accordance with Chapters 42 and 242 of the Texas Local Government Code Futurereleases should be evaluated in accordance with the objective criteria in this policy that measureannexation potential and compare both service delivery and regulatory controls Areas that do not meetthese standards should not be considered unless there is a clearly demonstrated hardship or extenuatingcircumstance that would justify the action

Process

All requests for release should be forwarded by the governing body of a jurisdiction to the Mayor of theCity of Austin with copies to the City Manager and appropriate Neighborhood Planning and ZoningDepartment planning staff The request should include

• a detailed justification for the request• an identifiable description of the tract including a map and field note description of the area• a statement regarding enforcement of environmental regulations upon release• information regarding pending permits on the exchange property• a support letter from the owners of the property proposed for exchange or release and• any other support documentation necessary to make an assessment

A contact person should be stipulated in the letter of request if more information is necessary

The request would then be circulated to applicable departments for review and comment (Austin WaterUtility Watershed Protection and other reviews as appropriate) and evaluated using the criteriadescribed below A staff recommendation for requests that may qualify for release would then beforwarded to the environmental board planning commission or other boards and commissions asappropriate and City Managers Office for consideration [NOTE Satisfaction of the criteria in this policydoes not guarantee Council consideration or release of ETJ ]

Ultimately all ETJ adjustments must be approved by the City Council A copy of the approved andsigned resolution would then be forwarded to the contact person once it had been filed with the CityClerk s Office If a request was denied a letter explaining the reasons for denial would be forwarded tothe mayor s office of the requesting jurisdiction with a copy to the designated contact person

333

Review Criteria

Annexation potential

Environmental impact

Infrastructure investment

Long-term effects of cumulativeETJ releases to competingjurisdictions

Hardship or extenuatingcircumstances

Determine the potential for the area to be annexed (1) bythe City of Austin and (2) by the receiving city includingevidence of ability to provide services in accordance withannexation statutes

(1) Assess the area in terms of fts environmental sensit/vftyand (2) evaluate regulations that would apply should therelease be granted

Determine the impact of the proposed release on existing orplanned investments in (1) water and wastewater utility or(2) roadway infrastructure to serve this area

Assess the effects (1) of limiting the geographic expansionof Austin s regulatory authority (2) of increasing the amountof land near Austin but beyond Austin s jurisdictionavailable for development and (3) on potential tax revenue

Determine whether the release will relieve a condition (1)that causes a unique and undue hardship on a propertyowner or (2) where unusual circumstances dictate the needfor a release

1 Annexation potential The area requested for release should be evaluated for future annexationpotential by the City of Austin and the requesting jurisdiction An essential component of determining anarea s annexation potential is the future ability to provide city services The City of Austin shouldreasonably be able to serve an area at some future time in order to be considered for annexationGeographic constraints including certain physical barriers such as lakes rivers or canyons can createjurisdictional islands and make service delivery cost prohibitive The requesting jurisdiction should be in abetter position than the City of Austin to annex and serve the property in the short term or provideassurances that the area would be included within a mandated three year annexation plan and providedlevels of service as defined by the statutory requirements set forth in Chapter 43 of the Texas LocalGovernment Code

Evaluation measurements should reflect current statutory requirements Criteria would include

• Current jurisdiction Limited purpose jurisdiction should remain under City of Austin s regulatoryauthority In addition COA ETJ that is enclosed by City Full or Limited Purpose should not bereleased

• Contiguity requirements The distance between the existing city limits and the subject propertylimits the potential to establish contiguity required for annexation

• Future ability to serve General service assumptions would be used to determine if an area couldfeasibly be served by the City present or future

• Growth and development trends A release should not physically restrict the City s future abilityto annex and serve adjacent areas with future development potential In addition a releaseshould not cause the loss of contiguity to existing ETJ

• Potential future sales and property tax base or revenue generation

Since the Desired Development Zone (DDZ) represents the preferred growth corridor and future propertytax revenue for the City ETJ releases within the DDZ would not be considered without a demonstratedhardship to justify th§ request It is assumed that the City of Austin would be in a position to serve anyarea within the Desired Development Zone in the future

334

2 Environmental impact The request for release should be evaluated in terms of the potential impacton water quality and designated habitat This would include a comparison of habitat managementpractices watershed regulations and any environmental regulations imposed by overlappingjurisdictions including federal state special districts or county controls that would be applied prior toand subsequently after an area was released

Measurable criteria would include

• Identification of applicable COA development zone• Comparison of all watershed regulations non point source pollution control ordinances or water

quality controls that would apply before and after release• Comparison of development standards as it relates to impervious cover density and waterway

and critical environmental feature set back requirements• Proposed wastewater treatment method and applicable treatment standards• Determination of habitat designation and if applicable the management practices of the

responsible entity

Release requests for the purpose of creating areas of regulatory safe havens typically do not serve theoverall public interest and should not be considered Development allowed under less restrictive controlsoften gains a competitive market advantage To mitigate this effect a release should be made contingenton encumbering the property with public or private controls that would mirror regulations in place prior tothe release These controls may include adoption of COA land development regulations by therequesting jurisdiction imposition of private deed restrictions to the property that would apply COAimpervious cover limitations filtration standards and set back requirements or enforcement of LCRAnon point source pollution controls through an mterlocal agreement

3 Infrastructure investment - The request for release should be evaluated in terms of existing andplanned investments by the City in utility and roadway infrastructure including right of way that has beendedicated to or purchased by the City to serve the area An area should not be released if the releasewould reduce the city s ability to recoup the costs of the investments in the area Further the potentialimpact of the proposed release on the Austin Water Utility s service area should be considered prior torelease

4 Long term effects of cumulative ETJ releases to competing jurisdictions - Over time the effect ofreleasing ETJ has resulted in the substantial loss of Austin s ETJ to neighboring jurisdictions ETJreleases may contribute to the accelerated development of the outlying rural areas and facilitate the rapidexpansion of the suburban municipalities Potential tax base and sales tax revenue have been lost as aresult Requests for the release of Austin s ETJ should include an historical account of any territoryacquired by the municipality from the City of Austin

Releases should be evaluated according to the frequency and cumulative total of area the City hasrendered to a requesting jurisdiction This is particularly critical in areas of high growth potential or whereenvironmental protections have been compromised as a result of previous releases

5 Hardship or extenuating circumstances - There are situations where an ETJ release relieves ahardship condition or where a unique circumstance warrants a release Where these situations exist thestandard criteria also apply The creation of a regulatory safe haven will not be considered as a hardshipcondition It should be incumbent on the jurisdiction requesting the release to adequately demonstratethe need for consideration as a hardship or a compelling or unusual circumstance As a general rulehardships should apply to a single ownership tract of land that is typically less than five acres

335

Description of Request

Staff Recommendation

Checklist for ETJ release review

Property Description

Annexation PotentialD Does the area have the potential to be annexed by the City of Austin in the long term?D Does this request demonstrate that the requesting jurisdiction is in a superior positionto serve the property with similar levels of service and will annex the area upon release orinclude the area in an annexation plan?D Would the proposed release negatively impact the city s long term annexation plans'?

YesYes

Yes

NoNo

NoStaff comments

Environmental ImpactD Does this request clearly demonstrate that the requesting jurisdiction will provide similaror superior regulatory and/or watershed protections afforded through the developmentprocess?D Does this request clearly demonstrate similar or superior regulatory and/or watershedprotections applied to the area through conservation easements transfer of developmentrights or other private mechanisms prior to release provided that the use of such controlsis agreeable to each party?

Yes

Yes

No

No

Staff comments

Infrastructure investmentD Would release of this ETJ negatively impact the city s investment in any existing orplanned water and wastewater utility infrastructure?D Would release of this ETJ negatively impact the citys investment in any existing orplanned roadway infrastructure?

No

No

Yes

Yes

Staff comments

Growth and Planning Impacts of cumulative ETJ releasesD Is the requesting jurisdiction in compliance with all agreements and contracts with theCity of Austin?n Have previous releases to this jurisdiction ensured that the release of ETJ has notcreated a competitive disadvantage for similar development within Austin s nearbyjurisdiction?D In a high growth area or the desired development zone have previous releasesensured Austin s ability to maintain and expand its ETJ?D In areas previously released to this jurisdiction and in keeping with Austin s goal ofprotecting water quality has development occurred in accordance with terms andconditions that minimize the risk of pollution of the region s water resources?D Do opportunities exist for exchange of ETJ in conjunction with the requested release?

D If exchange is proposed does the result achieve more logical boundaries?

Yes

Yes

Yes

Yes

Yes

Yes

No

No

No

No

NoNo

Staff comments

Hardship or extenuating circumstances

336

D Is there a claimed hardship?

D If a hardship is claimed does this request relieve a hardship condition?D Are there special or unique circumstances for this request?

D Does the request clearly demonstrate justification for the release?

Yes

YesYesYes

No

NoNo

No

Staff comments

337

1

YMCA Camp Moody

• Located at 959 Old San Antonio Rd, north of new Buda Elementary

• YMCA is requesting water and wastewater service from the City of Buda

• Property is split in Austin and Buda’s ETJs and is in the Creedmoor Maha Water Supply Corporation’s CCN

Water Service Areas

Creedmoor Maha

Buda

338

2

YMCA Camp Moody

Austin ETJ

Buda ETJ

UDC Section 3.01.06.C

• For properties located outside the City limits seeking city utility services:

– Submit a petition for approval to extend water or wastewater facilities to the Director of Planning;

– Petition shall include or be accompanied by a written request for annexation;

339

3

UDC Section 3.01.06.C• The City Council will evaluate the request based on the following criteria:

– a) Whether the proposed development to be served by the extension is consistent with the Comprehensive Plan;

– b) Whether the extension is proposed to be constructed in accordance with the Engineering Criteria Manual, the provisions of this UDC, and all other applicable City regulations and standards;

– c) Whether it is feasible to annex the property, and any intervening property which is needed for utility rights-of-way, to the City in a timely manner;

– d) Whether the utility extension would compromise the City's ability to timely provide adequate water or wastewater facilities to property inside the City;

– e) Whether the utility extension will lead to premature development that cannot be served efficiently and timely by roadway, drainage or park facilities;

– f) Whether the utility extension is financially feasible given the proposed means of financing the extension;

– g) Whether the utility extension will lead to significant degradation of water quality or other environmental resources, either from construction of the water or wastewater improvements, development of petitioner's land, or development of other land that may be served through the extended facilities; and

– h) Whether the petitioner proposes to extend wastewater facilities without utilizing City water facilities.

Recommendation

• If the City Council wishes to provide services, consider conditioning the service on the following:

1. The YMCA successfully acquire a release from the Creedmoor Maha Water CCN through the Public Utility Commission; and

2. The YMCA successfully secure a release from the City of Austin's ETJ and voluntarily request annexation by the City of Buda.

340

4

Questions

341

City Council Agenda Item ReportDate: Tuesday, July 3, 2018

Agenda Item No. 2018-383-Contact: Bo Kidd

Subject: Discussion and possible action to adopt a Resolution of the City of Budaamending the Rotation Wrecker Service Policy (Police Chief Bo Kidd)

1. Executive SummaryThe resolution that established a Wrecker Service Policy for companies used by the Buda PoliceDepartment intended to ensure efficiency in operation and protect the interest of our citizens. Othercities law enforcement agencies in this county have similar policies. There has been an effort to keepthe fees standard for all agencies using a wrecker rotation system. There was a survey ofsurrounding areas and representatives from each law enforcement agency (BPD, KPD, & HCSO)acknowledged that our fees were significantly lower than surrounding areas and felt it would bereasonable to adjust the rates as requested by numerous wrecker companies in Hays County.

2. Background/HistoryPolice Officers require use of wrecker services on a regular basis for various reasons (i.e. trafficaccidents, stranded motorists, subsequent to arrest, etc). Without a set of rules and guidelines forthese companies, citizens can easily be taken advantage of (i.e. additional fees, price gouging). Mostlaw enforcement agencies have created policies for wrecker companies that wish to be used by thedepartment (rotation lists) to ensure that citizens are treated in a uniform, fair and reasonablemanner. The policy also ensures that we are doing business with professionally run companies andsets a fee schedule to ensure that citizens a charged reasonable rates. In August of 2011, Buda CityCouncil passed a resolution authorizing the Police Department to use this Wrecker Service Policy.The policy itself is unchanged, however, there have been some adjustment in the fees that wreckercompanies can charge for their services.

3. Staff's review and analysisStaff believes that these fees are fair and reasonable. The fees are also inline without surroundingareas.

4. Financial ImpactNone

5. Summary/Conclusion 342

In summary, the purpose of this amendment is to keep our fees the same as surrounding cities inHays County.

6. Pros and ConsN/A

7. AlternativesN/A

8. RecommendationStaff is requesting that Council approve the amendments to the policy regulating the fees andcharges outlined in Section F. (entitled Fees/Charges) or provide further direction on this policy forthe Buda Police Department.

343

RESOLUTION NO. 2018-R-__

A RESOLUTION OF THE BUDA CITY COUNCIL AMENDING THE ROTATION WRECKER SERVICE POLICY

WHEREAS, the City Council adopted Resolution 110816-01 on August 19th, 2011 in order to perform its traffic safety functions, the Buda Police Department routinely requires the use of wrecker services to tow disabled, seized, wrecked, and abandoned motor vehicles; and WHEREAS, to protect the interests of citizens operating motor vehicles within the corporate limits of Buda and to ensure that they, are treated in a uniform, fair, and reasonable manner; and WHEREAS, the Police Department utilizes a rotating list of qualified operators to ensure the provision of prompt, effective, and safe towing service when requested by law enforcement personnel; and WHEREAS, the Rotation Wrecker Policy provides for a uniform, comprehensive, and objective method of dealing with rotation wrecker service providers; and WHEREAS, the City Council finds it appropriate and prudent to amend such policy by resolution; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF BUDA, TEXAS: Section 1: The facts and recitations set forth in the preamble of this resolution are hereby found to be true and correct. Section 2: The City of Buda, Texas, approves the amendments to the policy regulating the fees and charges outlined in Section F. entitled Fees/Charges, presented at this meeting, and attached to this resolution as its City of Buda Rotation Wrecker Service Policy. Section 3: Severability. If any clause or provision of this resolution shall be deemed to be unenforceable for any reason, such unenforceable clause or provision shall be severed from the remaining portion of the resolution, which shall continue to have full force and effect. Section 4: Repeal. All resolutions or parts of resolutions in conflict herewith are expressly repealed. Section 5: Effective Date. This resolution shall be effective upon passage by the City Council.

344

PASSED AND APPROVED by the City Council of the City of Buda, Texas this 3rd day of July, 2018.

CITY OF BUDA, TEXAS: ________________________

George Haehn, Mayor ATTEST: ____________________________ Alicia Ramirez, City Clerk

345

Adopted 8/16/11; Revised 7/3/18

Buda Police Department Wrecker Service Policy

A. TOW TRUCK / WRECKER COMPANY REQUIREMENTS:

a. A tow company desiring to be placed on the rotation list shall meet the minimum requirements set forth in this policy. The company’s Vehicle Storage Facility (VSF) and Tow Trucks will be inspected annually to ensure the business and their tow trucks meet the minimum requirements set forth in this policy. The company shall pay an annual administration/inspection fee as outlined in the City’s fee schedule. This fee shall not be pro-rated or refundable. If a VSF fails an inspection, the company will be removed from the rotation list until the company complies with the policy. If the tow truck/wrecker fails to meet inspection, then that individual tow truck will be removed from rotation, until the tow truck/wrecker complies with the policy.

b. Tow truck /wrecker shall not be over (12) years old, including wrecker, bed, winches, and

booms.

c. Must be a factory built tow truck/wrecker unit with a minimum weight rating of 16,500 GVW and have a dual rear wheel.

d. Tow truck / wrecker must be equipped with hydraulics and a hydraulic wheel lift with a

minimum capacity of 3500 LBS.

e. Must own and maintain (1) one flatbed tow truck, and (1) one conventional tow truck with a G.V.W.R. not less than 16,000. Conventional tow truck must be equipped with a hydraulic extendable boom, with a G.V.W.R. not less than 16,000.

f. Must maintain a vehicle storage facility within the city limits or ETJ, of Buda, Texas. The

company and the VSF must be licensed by the state and in compliance with all regulations listed in Occupations Code 2303. Storage facility must be able to store a minimum of 25 vehicles, and facility must, meet the Americans with Disabilities Act established by the United States Department of Justice.

g. No person, convicted of a felony offense in the prior 5 years, shall make a non-consent

tow in the city.

h. All tow truck operators must be proficient and competent in the operation of their equipment.

i. Tow company must maintain a 24 hour tow service with not less than two telephone

numbers which are answered 24 hours a day 7 days a week. 346

Adopted 8/16/11; Revised 7/3/18

j. Only those tow trucks that are included on the tow companies tow truck license are authorized to respond to a rotation call, and only those persons identified in the registration submitted to the City Police Department are authorized to perform a tow pursuant to the cities rotation list procedure. A tow company may substitute a tow truck owned or operated by another company / person when responding to a rotation/dispatched call for service requiring a heavy rotation.

k. A tow truck that removes a vehicle from the original location shall not disengage from the

vehicle until the vehicle has been deposited at the approved vehicle storage facility, unless an emergency exist, i.e. vehicle fire, tow truck, or towed vehicle involved in secondary accident / incident, or directed by a law enforcement officer.

B. TOW TRUCK INSPECTIONS:

1. The wrecker companies agree that all of the company’s tow trucks and facility are subject to and will be inspected by the Buda Police Department prior to the Company being provided a place on the Rotation List and thereafter on an annual basis at the onset of each calendar year. In addition, any Buda Police Officer who suspects that a tow truck is in violation of safety standards may conduct a tow truck safety inspection of any tow truck on the scene at any time. Safety violations may result in suspension or removal from the Rotation List.

2. Each tow truck must carry proper safety equipment. Proper equipment includes, but is

not limited to, the following: (Each tow truck may be inspected for the following minimum operable equipment).

a. Permanent signs minimum of 2 inches, which shall display the following information:

Company Name, City in which business is located, and Phone Number w/area code

b. Radio, telephone, or other means of communication

c. Overhead lights, Amber preferred, can have red, white or blue, but can only be operated while stationary at accident or tow scene or by Officer’s direction.

d. Booster brakes and/or air brakes

e. Power Winch

f. Tow Dollies as appropriate

g. Fire extinguisher – at least (1) 10 pound or (2) five pound multiple purpose fire extinguisher, in good working condition.

h. Safety Chains / Straps / tie downs as specified by the two truck manufacturer.

i. Tow Bar / sling / wheel chocks

j. Wrecking Bar / thirty-six inch crowbar, triangle reflectors, flares, cones, safety lights or other appropriate safety signals.

k. Broom / shovel, and absorbent 347

Adopted 8/16/11; Revised 7/3/18

l. Wheel Lift/under reach

m. Magnetic tow lights, unless wireless, with appropriate cable and cushions to protect a vehicle’s finish.

n. Insurance

o. Current registration, current motor vehicle inspection, and must have a copy of the annual state inspection.

C. INSPECTION STICKERS FOR INDIVIDUAL TOW TRUCKS

1. All tow trucks must be inspected and have the required equipment, current registration, current Motor Vehicle Inspection certificate, and Proof of Insurance displayed at all times.

2. Each of the Company’s Class “B” tow trucks, (1.5 tons or larger), may be inspected by a

Buda Police Officer for the same minimum equipment qualifications at any time on a police scene or during the normal hours of operation at the impound yard of the service provider.

D. REQUIREMENTS FOR TOW TRUCK OPERATORS / PERSONNEL

a. Tow operators / personnel on scene shall wear a uniform, clearly marked with the tow company’s name as it appears on the tow company license.

b. Tow operators / personnel on scene shall wear a reflective vest, shirt, or reflective

jacket at all times while working outside the tow truck, the reflective vest, shirt, or reflective jacket must meet the ANSI/ISEA requirements for high visibility safety apparel.

c. When performing towing operations, all tow truck operators must carry and openly

display the appropriate TDLR issued original towing operator license.

d. Tow Truck / Wrecker operators or personnel on scene will maintain a professional demeanor.

E. RESPONSE TIME

a. The company shall respond to any and all calls from the Hays County Sheriff’s Office

(HCSO) Dispatch / Buda Police Department requesting the towing of a vehicle within the response area, including calls to tow abandoned vehicles or portions of vehicles. The Company agrees to arrive at the scene, under normal weather and traffic conditions, within twenty (20) minutes after receiving the call.

b. If the company determines that an additional tow truck is needed, the company will

either provide the additional truck or request the Officer in charge to call another towing company to the scene. If the determination of need for an additional tow truck

348

Adopted 8/16/11; Revised 7/3/18

is based on the lack of equipment normally required to be present on the tow truck at the scene, the company will be in violation of the agreement and not be compensated for such additional tow truck.

c. The HCSO Dispatch / Buda Police Department will only attempt to contact the

company two (2) times before calling another company. After 3 or more violations the company will be removed from the rotation.

d. The company is solely responsible for towing vehicles in a professional manner and in

full compliance with all relevant local, state, or federal laws and regulations and the non-consent agreement including, but not limited to, the Texas Vehicle Storage Facility Act. The Buda Police Department assumes no responsibility or liability for the manner and means chosen by the company to perform its duties.

F. FEES / CHARGES

1. The operator of a VSF shall charge owners of impounded vehicles no more than the fees outlined:

a. Accidents, arrests, abandoned vehicles, illegally parked vehicles:

• Regular non-consent tow for vehicles under 10,000 lbs: $250 • Regular non-consent tow for vehicles 10,001 – 25,999: $400 • Regular non-consent tow for vehicles 26,000+: $800

b. $20 impound fee, and a $20 storage fee once a vehicle enters the VSF. A daily storage

fee no greater than $20 a day for each additional day a vehicle is stored. Vehicles longer than 25 feet is set at $35 per day.

c. Winching: $50 for first 30 minutes/$50 per hour thereafter/per truck

d. Dollies: $50 for first 30 minutes/$50 per hour thereafter

e. On scene wait time: $50 per hour after first 30 minutes

f. Extra personnel: $50 per person

g. Out of town mileage rates: Vehicles under 10,000 LBS above fees plus $3.00 per mile.

Vehicles over 10,000 LBS above rates plus $4.75 per mile.

h. Private Property Tows: light duty $250 and Medium duty $400. Drop fee $50.

i. Motorist Assist Fees: $55 for Jump Starts, Lockouts, Tire Change/Break Lug Nuts, Fuel Delivery, and Winch outs and $55 for every partial ½ hour beyond the time wrecker began work on the winched vehicle.

349

Adopted 8/16/11; Revised 7/3/18

j. A person may not charge or attempt to charge a fee for non- consent tows greater than what is established in this policy.

G. VEHICLE STORAGE FACILITY (VSF):

1. Buda Police Officers (may inspect each Vehicle Storage Facility [VSF] that is under contract with the Buda Police Department at any time. Inspections shall focus on the following factors: a. Current License b. Fencing c. Security of vehicles d. Preservation of vehicles e. Surface and conditions f. Lighting g. Signs posted in compliance with TDLR h. Documents and Records

2. Any towing company that operates or contracts with a Vehicle Storage Facility that fails

to meet the minimum inspection requirements will be subject to suspension or removal from the Rotation List.

H. VEHICLE STORAGE FACILITY REQUIREMENTS

1. Enclosure and security of stored vehicles.

a. Fencing: all vehicle storage facilities shall be completely enclosed by a fence at least six feet high with a gate which is locked at all times when the licensee or an agent or employee is not at the storage lot. No two-vehicle storage facilities shall operate within the same fenced area.

b. Security of vehicles: No vehicle shall be stored or kept at any licensed vehicle storage

facility unless it is kept inside the fenced enclosed area at all times.

c. A vehicle accepted for storage in a vehicle storage facility must be secured to prevent theft of the vehicle or its contents, including, but not limited to, locking doors, closing windows and hatchbacks, and raising or covering convertible tops.

d. Surface: All vehicle storage facilities shall have an all-weather surface such as

concrete, asphalt, black-top, stone, macadam, limestone, iron ore, gravel, shell, or caliche, that enables the safe and effective movement of stored vehicles upon all portions of the lot, both under their own power and under tow, at all times, regardless of prevailing weather conditions.

350

Adopted 8/16/11; Revised 7/3/18

e. Illumination: All vehicle storage facilities shall maintain illumination levels adequate for nighttime release of vehicles. The term “adequate” means sufficient to allow inspection of a vehicle for damage at the time of release. At a minimum, there must be one lighting fixture containing at least a 250 Watt element for each ¼ acre of storage area.

f. Signs/Facility information: All vehicle storage facilities shall have a clearly visible and

readable sign at its main entrance. Such sign shall have letters at least two inches in height, with contrasting background, and must be visible at 10 feet, and must contain the following information:

• The registered name of the storage lot, as it appears on the Vehicle storage facility

license; • Street address; • Telephone number for the owner to contact in order to obtain release of the

vehicle; • The facility’s hours, within one hour of which vehicles will be released to vehicle

owners; and, • The storage lot’s state license number preceded by the phrase “VSF License

Number.”

g. Per diem charges: All vehicle storage facilities shall have a sign setting out the per diem charge for storage and all other fees which may be charged by the storage lot, including notification and impoundment fees. The sign must be located so it is clearly visible to a vehicle owner prior to paying the fees and must have letters at least one inch in height with a contrasting background.

h. Instruments accepted for release of vehicle: All vehicle storage facilities shall have a

sign describing the instruments that may be presented by the vehicle owner or authorized representative to obtain possession of the vehicle. This sign must be located so it is clearly visible to a vehicle owner at the place of payment, and have letters at least one inch in height with a contrasting background.

I. RELEASE OF IMPOUNDED VEHICLES

1. Impounded vehicles shall be released to their owner’s legal agent as soon as practical unless a hold of some type is placed on the vehicle. If no hold is placed on the vehicle, the owner or the owner’s legal agent shall be allowed to inspect the vehicle and sign the vehicle impound form. The towing company releasing the vehicle shall complete the necessary information pertaining to the release and forward all paperwork to the Buda Police Department.

2. If a vehicle has an Investigative Hold, the owner shall be notified and directed to contact

the Buda Police Department with any inquiries. 351

Adopted 8/16/11; Revised 7/3/18

3. Vehicles towed to a Vehicle Storage Facility due to abandonment, accident, or involvement in a crime that are not placed under Investigative Hold shall be released to the owner or the owner’s legal agent as soon as practicable. The towing company releasing the vehicle shall complete the necessary information pertaining to the release and forward all paperwork to the Police Department.

J. TOWING OF EVIDENTIARY VEHICLES

1. Vehicles abandoned or vehicles involved in accidents or crimes may require towing and storage for an indefinite period of time. Once a vehicle has been towed at the request of the Buda Police Department it becomes fiduciary property or evidence and shall be treated as such. The officer shall indicate on the Impound Form any criminal charges or investigative holds that apply to a towed vehicle.

2. Vehicles that require safeguarding and/or forensic processing that cannot be processed

in the field by an officer or at a crime lab, will be impounded or towed to a Vehicle Storage Facility that has covered or indoor storage, or to a specific location, with an Investigative Hold placed on the vehicle.

K. RIGHTS OF OWNER OR AUTHORIZED REPRESENTATIVE

1. When a person demonstrates ownership or right of possession of a motor vehicle stored

at a VSF, the person or authorized representative shall: a. Be entitled to inspect a copy of the wrecker tow ticket for the motor vehicle and will

not be required to pay fees or charges before doing so; (placing the tow slip or ticket behind a glass enclosure for the person to inspect satisfies this requirement).

b. Be given access to and be allowed to remove, any personal belongings in the vehicle,

unless otherwise indicated by a certified law enforcement officer, (the VSF must require a receipt from the person to whom the personal belongings are released for any property removed from the stored vehicle by the vehicle owner or authorized representative); and,

c. Have access during normal business hours to the vehicle for the purposes of insurance

and/or repair estimates.

352

Adopted 8/16/11; Revised 7/3/18

BUDA POLICE DEPARTMENT TOWING ROTATION APPLICATION

Please complete the following and deliver or mail to the Buda Police Department located at 405 E. Loop Street, Building B, Buda, TX 78610. Company name: ____________________________________________________ Company address: __________________________________________________ Company phone: ___-___-____Alt. phone: ___-___-____Cell phone: ___-___-____ Fax: ___-___-____ Pager: __________ Email: ______________________________ Impound Yard physical location address: _________________________________ ___________________________________________________________________ Company Principals Contract Information: Full name: First:________ Middle:______ Last: ____________ Date of Birth: __/__/__ Texas Driver’s License Number: _______________ Company driver’s Full name: First:________ Middle:______ Last: ______________ Date of Birth: __/__/__ Texas Driver’s License Number: _______________ Company driver’s Full name: First:________ Middle:______ Last: ______________ Date of Birth: __/__/__ Texas Driver’s License Number: _______________ Company driver’s Full name: First:________ Middle:______ Last: ______________ Date of Birth: __/__/__ Texas Driver’s License Number: _______________ Company driver’s Full name: First:________ Middle:______ Last: ______________ Date of Birth: __/__/__ Texas Driver’s License Number: _______________ (If space is needed for additional drivers, please print on the back of this form.) Type of Business, i.e., sole owner, partnership, corporation: __________________ 353

Adopted 8/16/11; Revised 7/3/18

Proof of Type of Business, i.e., clerks office DBA, articles of incorporation: ___________________________________________________________________ Number of trucks available: ____________________________________________ Description of truck(s): 1. Model__________________ Year:__________ LP# ________________

VIN__________________________ Conventional ______ Flatbed_________

2. Model__________________ Year:__________ LP# ________________

VIN__________________________ Conventional ______ Flatbed_________

3. Model__________________ Year:__________ LP# ________________

VIN__________________________ Conventional ______ Flatbed_________

4. Model__________________ Year:__________ LP# ________________

VIN__________________________ Conventional ______ Flatbed_________

(If space is needed to additional trucks, please print on back of the form.)

Classification of trucks, i.e.: Class A or Class B: _____________________________

Proof of Current Insurance on yard, trucks, and personnel: ___________________

___________________________________________________________________ _____________________________________________________________________________________

I have read and understand the requirements set forth in the City of Buda Wrecker Service Policy. I _____________________________, on behalf of (Company Name) ___________________________________ , agree to follow the policy and understand that violations of the policy set forth in this agreement could result in removal from the rotation service.

___________________________________ Signature DATE

354

City Council Agenda Item ReportDate: Tuesday, July 3, 2018

Agenda Item No. 2018-394-Contact: John Nett

Subject: Discuss and consider approving the City Manager to execute a contract ofsale, executed by 1115C Main Buda, LLC, to sell to the City of Buda, Texas, andclose on an approximate 0.045-acre of land, being a portion of Lot 2A,Re-subdivision of Lot 2, Section 4, Bradfield Village, a subdivision in HaysCounty, Texas, according to the plat or map recorded in Book 14, Page 251 ofthe official public records of Hays County, Texas, for the acquisition of 0.014acre of right-of-way, 0.028 acre of permanent easement, and 0.003 acre oftemporary easement, all in support of Proposition 3 Main StreetImprovements Projects, within the said tract of land addressed as 1115C MainStreet (City Attorney George Hyde; Allen Crozier, HDR)

1. Executive Summary

2. Background/History

3. Staff's review and analysis

4. Financial Impact

5. Summary/Conclusion

6. Pros and Cons

7. Alternatives

8. Recommendation

355

City Council Agenda Item ReportDate: Tuesday, July 3, 2018

Agenda Item No. 2018-384-Contact: Alicia Ramirez

Subject: Update on November 6, 2018 Election and related matters (City Clerk AliciaRamirez)

1. Executive SummaryThe ordering of an election includes several actions items to hold and conduct an election. The Cityof Buda is preparing for a general election. With that said, the ordering of said elections must bemade no later than August 20, 2018.

Historically, the order for a general election has been made via resolution; however, movingforward, the order for the election will be made via ordinance requisting first and final readings.

2. Background/HistoryThe City of Buda holds its general elections on the November uniform election date.

3. Staff's review and analysisIn order to meet the August 20th deadline, staff will call the election on August 7th for the generalelection of Place 3 (at-large) and a special election for District A (formerly Place 4), District B(formerly Place 6), and District C (formerly Place 2). Should Council wish to add a measure to theNovember ballot, such should be considered and approved prior to the August 20th deadline. Suchconsideration may require a special meeting.

Staff is also working with the Election Administrator (EA) regarding the placement of pollinglocations. Since we conduct our elections in November, the County Commissioner's determine andapprove the polling locations. If there is a potential location to be designated as a polling location,now is the time to forward that information to the EA.

4. Financial ImpactThe scheduling of a special meeting and the designation of additional polling locations.

5. Summary/ConclusionStaff seeks direction from City Council regarding potential measures, recommendations for pollinglocations, the scheduling of a special meeting to consider the proposed measures, and the ordering 356

of the special election.

6. Pros and ConsNone.

7. AlternativesNone.

8. RecommendationStaff seeks direction from City Council regarding potential measures, recommendations for pollinglocations, the scheduling of a special meeting to consider the proposed measures, and the orderingof the special election.

357

November 6, 2018 - Uniform Election Date

Authority Conducting Elections County Election Officers and Local Political Subdivisions

Deadline to Post Notice of Candidate Filing Deadline (Local Political Subdivisions Only)¹

Thursday, June 21, 2018 for local political subdivisions that have a first day to file for their candidates¹

First Day to Apply for Ballot by Mail Monday, January 1, 2018*

*First day to file does not move because of New Year’s Day holiday. An “Annual ABBM” or FPCA for a January or February 2018 election may be filed earlier, but not earlier than the 60th day before the date of the January or February election.

First Day to File for a Place on the General Election Ballot (Local Political Subdivisions Only)¹

Saturday, July 21, 2018

Last Day to Order General Election or Special Election on a Measure

Monday, August 20, 2018

Last Day to File for a Place on the General Election Ballot (Local Political Subdivisions Only)²

Monday, August 20, 2018 at 5:00 p.m.

See note below relating to four-year terms³

Last Day to File a Declaration of Write-in Candidacy (Local Political Subdivisions Only)

Friday, August 24, 2018

Last Day to Register to Vote Tuesday, October 9, 2018*

*First business day after Columbus Day

First Day of Early Voting by Personal Appearance

Monday, October 22, 2018

Last Day to Apply for Ballot by Mail

(Received, not Postmarked)

Friday, October 26, 2018

Last Day of Early Voting by Personal Appearance

Friday, November 2, 2018

Last day to Receive Ballot by Mail Tuesday, November 6, 2018 (Election Day) at 7:00 p.m. if carrier envelope is not postmarked, OR Wednesday, November 7, 2018 (next business day after Election Day) at 5:00 p.m. if carrier envelope is postmarked by 7:00 p.m. at the location of the election on Election Day (unless overseas or military voter deadlines apply)⁴

358

City Council Agenda Item ReportDate: Tuesday, July 3, 2018

Agenda Item No. 2018-392-Contact: John Nett

Subject: Update on 2014 Buda Bond Propositions (Project Manager Ray Creswell; CityEngineer John Nett; Assistant City Manager Chance Sparks; Director of Parks& Recreation Greg Olmer)

1. Executive SummaryThis item is placed on the agenda to allow for the opportunity to brief the City Council and thecitizens of Buda on the ongoing progress of the City’s 2014 Bond Program.

2. Background/HistoryIn November 2014, the citizens of Buda approved five bond propositions:• Proposition 1 – Municipal Facility ($21 Million) is a new multi-purpose building to house alibrary, municipal court, city hall, community multi-purpose space and emergency-preparednessspace.• Proposition 2 – Public Safety Facility ($6.75 Million) is a new building to house the policedepartment, and related emergency response and training facilities.• Proposition 3 – Streets ($12.25 Million) includes priority capital improvement projects identifiedin the City’s Transportation Master Plan and Downtown Plan.• Proposition 4 – Drainage ($7 Million) includes flood control, flow capacity, and priority drainagecapital improvement projects identified in the City’s Master Drainage Plan.• Proposition 5 – Parks and Trails ($8 Million) includes capital improvements to City Park, newGarison Park, and various projects identified in the City Parks, Recreation, Trails and Open SpaceMaster Plan.

3. Staff's review and analysisEach of the bond propositions will be presented to the City Council. Key project activities will behighlighted as they relate to the overall project schedule.

4. Financial ImpactThis agenda item is for briefing purposes only. There are no proposed changes to existing fiscalobligations within the 2014 Bond Program.

5. Summary/Conclusion 359

Staff wants to ensure that the City Council and the citizens of Buda are kept informed of the progressof each of the 2014 Bond projects. Accordingly, information will be presented through many venues.

6. Pros and ConsThis standing agenda item allows for the timely exchange of information with the City Council andprovides an open forum to address questions and concerns on the 2014 Bond Program.

7. AlternativesAt this time, there are no proposed changes to the scope of any of the 2014 Bond projects.

8. RecommendationThere are no staff recommendations at this time; the agenda item is for briefing purposes only.

360

ID Task

Mode

Task Name Duration Start Finish

1 Houston St. Area Drainage (PA2) 580 days Wed 10/26/16Wed 1/16/19

2 Design 344 days Wed 10/26/16Tue 2/20/18

9 Permitting 322 days Tue 6/6/17 Thu 8/30/18

10 Site Dev 3 emons Tue 11/21/17Mon 2/19/18

11 UPRR for Constr Ph7 (FNI/HDR) 15 emons Tue 6/6/17 Thu 8/30/18

12 Right of Way 146 days Tue 1/30/18Tue 8/21/18

13 Meets & Bounds 14 days Tue 1/30/18Fri 2/16/18

14 PUA (GH) 90 days Mon 2/19/18Fri 6/22/18

15 Filing/Record 2 emons Fri 6/22/18 Tue 8/21/18

16 Bidding & Award 40 days Wed 2/21/18Wed 4/18/18

19 Utility Relocation 108 days Wed 4/18/18Sat 9/15/18

20 Frontier (FNI) 5 emons Wed 4/18/18Sat 9/15/18

21 AT&T (FNI) 5 emons Wed 4/18/18Sat 9/15/18

22 Sprint (FNI) 5 emons Wed 4/18/18Sat 9/15/18

23 Construction 171 days Tue 5/22/18Wed 1/16/19

24 Pre-Construction Meeting 0 days Tue 5/22/18Tue 5/22/18

25 Meet the Contractor 0 days Wed 6/20/18Wed 6/20/18

26 NTP 0 days Wed 6/20/18Wed 6/20/18

27 Constr Ph1 - Ph6 150 edays Wed 6/20/18Sat 11/17/18

28 Ph7 - Substantial Completion 30 edays Sat 11/17/18Mon 12/17/18

29 Final Completion 30 edays Mon 12/17/18Wed 1/16/19

30 Oxbow Neighborhood Area Drainage (PA3)699 days Wed 10/26/16Mon 7/1/19

31 Design 477 days Wed 10/26/16Fri 8/24/18

32 Final Design NTP 0 days Wed 10/26/16Wed 10/26/16

33 60% 0 days Tue 3/28/17Tue 3/28/17

34 90% 0 days Tue 6/6/17 Tue 6/6/17

35 100% Plans 0 days Mon 11/20/17Mon 11/20/17

36 100% Issue for Bid 10 days Fri 8/10/18 Fri 8/24/18

37 Permitting 107 days Tue 11/21/17Wed 4/18/18

39 Right of Way 148 days Tue 2/27/18Thu 9/20/18

40 Meets & Bounds 61 days Tue 2/27/18Tue 5/22/18

41 Meet w/ property owners (GH) 5 days Mon 6/18/18Fri 6/22/18

42 Filing/Record (GH) 3 emons Fri 6/22/18 Thu 9/20/18

43 Bidding & Award 42 days Fri 8/24/18 Tue 10/23/18

5/22

6/20

6/20

11/20

Jan Mar May Jul Sep Nov Jan Mar May Jul Sep Nov Jan Mar May

2018 2019 2020

Task

Split

Milestone

Summary

Project Summary

External Tasks

External Milestone

Inactive Task

Inactive Milestone

Inactive Summary

Manual Task

Duration-only

Manual Summary Rollup

Manual Summary

Start-only

Finish-only

Deadline

Progress

Manual Progress

City of Buda

2014 Bond Program

Proposition 3&4 Program Schedule

Page 1 Tue 6/19/18

Project: Proposition_4_Program_

Date: Tue 6/19/18

361

ID Task

Mode

Task Name Duration Start Finish

44 Bid Advertisement 0 days Fri 8/24/18 Fri 8/24/18

45 Bid Award 2 emons Fri 8/24/18 Tue 10/23/18

46 Utility Relocation 42 days Thu 9/20/18Mon 11/19/18

47 PEC Power Pole 2 emons Thu 9/20/18Mon 11/19/18

48 Construction 180 days Tue 10/23/18Mon 7/1/19

49 NTP/Pre-Construction Meeting 6 wks Tue 10/23/18Mon 12/3/18

50 Meet the Contractor 2 ewks Mon 12/3/18Mon 12/17/18

51 Substantial Completion 180 edays Mon 12/3/18Sat 6/1/19

52 Final Completion 30 edays Sat 6/1/19 Mon 7/1/19

53 Fire Station/Bluff St. Area Drainage (PA1-A)872 days Wed 10/26/16Thu 2/27/20

54 Design 503 days Wed 10/26/16Sun 9/30/18

55 Final Design NTP 0 days Wed 10/26/16Wed 10/26/16

56 60% 0 days Tue 3/28/17Tue 3/28/17

57 90% 1 day Wed 6/20/18Wed 6/20/18

58 HDR review 5 days Thu 6/21/18Wed 6/27/18

59 100% Plans 5 ewks Wed 6/27/18Wed 8/1/18

60 100% Issue for Bid 2 emons Wed 8/1/18 Sun 9/30/18

61 Right of Way 148 days Thu 6/28/18Mon 1/21/19

62 Supplemental for Metes & Bounds 5 days Thu 6/28/18Wed 7/4/18

63 Metes & Bounds (FNI) 15 days Thu 7/5/18 Wed 7/25/18

64 Potential Centex Condemnation (GH)6 emons Wed 7/25/18Mon 1/21/19

65 Filing/Record 2 emons Wed 7/25/18Sun 9/23/18

66 FEMA Grant 58 days Wed 4/18/18Fri 7/6/18

67 Archeological Study 9.34 ewks Wed 4/18/18Fri 6/22/18

68 Approval for Final Design/Constr (City)2 ewks Fri 6/22/18 Fri 7/6/18

69 Permitting 324 days Tue 6/20/17Fri 9/14/18

70 TxDOT AFA FM2770 324 days Tue 6/20/17Fri 9/14/18

71 Initial Submittal 0 days Tue 6/20/17Tue 6/20/17

72 Review/Approval (FNI/HDR) 0 days Fri 9/14/18 Fri 9/14/18

73 Site Dev 42 days Wed 6/20/18Sun 8/19/18

74 Review/Approval 2 emons Wed 6/20/18Sun 8/19/18

75 Bidding & Award 44 days Mon 1/21/19Fri 3/22/19

76 Bid Advertisement 0 days Mon 1/21/19Mon 1/21/19

77 Bid Award 2 emons Mon 1/21/19Fri 3/22/19

8/24

9/14

1/21

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City of Buda

2014 Bond Program

Proposition 3&4 Program Schedule

Page 2 Tue 6/19/18

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Date: Tue 6/19/18

362

ID Task

Mode

Task Name Duration Start Finish

78 Construction 244 days Mon 3/25/19Thu 2/27/20

79 NTP/Pre-Construction Meeting 6 wks Mon 3/25/19Fri 5/3/19

80 Meet the Contractor 2 ewks Fri 5/3/19 Fri 5/17/19

81 Substantial Completion 270 edays Fri 5/3/19 Tue 1/28/20

82 Final Completion 30 edays Tue 1/28/20Thu 2/27/20

83 W. Goforth Area Drainage (PA1-B) 1101 days Wed 3/16/16Thu 6/4/20

84 Design 503 days Wed 10/26/16Sat 9/29/18

85 Final Design NTP 0 days Wed 10/26/16Wed 10/26/16

86 60% 0 days Tue 3/28/17Tue 3/28/17

87 90% 0 days Wed 6/20/18Wed 6/20/18

88 HDR review 5 days Wed 6/20/18Tue 6/26/18

89 100% Plans 5 ewks Tue 6/26/18Tue 7/31/18

90 100% Issued for Bid 2 emons Tue 7/31/18Sat 9/29/18

91 Right of Way 63 days Wed 6/27/18Sat 9/22/18

92 Supplemental for Metes & Bounds 5 days Wed 6/27/18Tue 7/3/18

93 Metes & Bounds 15 days Wed 7/4/18 Tue 7/24/18

94 Filing/Record 2 emons Tue 7/24/18Sat 9/22/18

95 Permitting 790 days Wed 3/16/16Tue 3/26/19

96 TxDOT AFA FM967 206 days Tue 6/12/18Tue 3/26/19

97 New Application 14 days Tue 6/12/18Fri 6/29/18

98 Review/Approval (FNI/HDR) 9 emons Fri 6/29/18 Tue 3/26/19

99 UPRR 672 days Wed 3/16/16Thu 10/11/18

100 Initial Submittal 0 mons Wed 3/16/16Wed 3/16/16

101 Review Agreement 0 mons Fri 6/22/18 Fri 6/22/18

102 Review/Approval (FNI/HDR) 4 mons Fri 6/22/18 Thu 10/11/18

103 Site Dev 2 mons Wed 6/20/18Tue 8/14/18

104 Utility Relocation 322 days Wed 4/4/18Fri 6/28/19

105 Wastewater study, design, bid,

constr (City)

12 emons Wed

4/4/18

Sat 3/30/19

106 Lift Station Decommissioning (City) 3 emons Sat 3/30/19 Fri 6/28/19

107 Bidding & Award 42 days Fri 6/28/19 Tue 8/27/19

108 Bid Advertisement 0 days Fri 6/28/19 Fri 6/28/19

109 Bid Award 2 emons Fri 6/28/19 Tue 8/27/19

110 Construction 202 days Tue 8/27/19Thu 6/4/20

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2014 Bond Program

Proposition 3&4 Program Schedule

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Date: Tue 6/19/18

363

ID Task

Mode

Task Name Duration Start Finish

111 NTP/Pre-Construction Meeting 6 ewks Tue 8/27/19Tue 10/8/19

112 Meet the Contractor 2 ewks Tue 10/8/19Tue 10/22/19

113 Substantial Completion 210 edays Tue 10/8/19Tue 5/5/20

114 Final Completion 30 edays Tue 5/5/20 Thu 6/4/20

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City of Buda

2014 Bond Program

Proposition 3&4 Program Schedule

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364

INITIAL BUDGET UPDATED BUDGET APPROVED AMT TO-DATE

42,030$ 42,030$ 42,030$ 35,174$

-$ 14,923$ 14,923$ 14,923$

258,320$ 251,424$ 251,424$ 251,345$

-$ 110,000$ -$ -$

748,467$ 805,869$ 712,846$

4,499,400$ 635,812$ -$

-$ 71,000$ -$ -$

1,658,650$ 1,831,600$ -$ -$

FEMA HMGP Grant -$ (1,600,000)$ -$ -$

7,000,000$ 5,968,845$ 1,750,058$ 1,014,288$

Total Program Costs for Proposition 4 - Drainage

Buda 2014 Bond Program

Proposition 4 - DrainageUpdated June 20, 2018

TOTAL

Bond Issuance Cost

Internal City Costs (Attorney, etc.)

Program Management

Utility Relocations

Design5,041,000$

Construction

Construction Management (Materials Testing Only)

Contingencies

365

CITY COUNCIL 

PENDING/FUTURE ITEM REQUEST

Revised:  12/30/2016, Page 1

MEETING  DATE COUNCIL MEMBER REQ# REQUESTED ITEM

12/20/2016 Altmiller  1)

Pursue & consider CAPCOG Grant Opportunity for Household 

Hazardous Waste programs

12/20/2016 Kennedy 1)

Pursue Household Hazardous Waste programs and State Building 

Commission

12/6/2016 Kennedy 1)

Budafest Organizers provide a report to Council, specifically 

regarding their financial reports, reimbursement practices, and 

how they handle such issues.

11/15/2016 Nuckels 1) Veteran’s Day and local events; possibly schedule a parade next year

11/15/2016 Haehn 1)

Conduct study on the impact of freezing property tax / exemption for 

elderly

10/18/2016 None

10/11/2016 Nuckels 1) Based on National Night Event, traffic issues on FM 2001 at Meadow Park

10/11/2016 Altmiller  1) Upcoming legislature‐ prepare agenda and aware of issues

9/6/2016 None

8/2/2016 Haehn 1)

suggest staff consider applying for the National Civic League All‐America 

City Award. 

6/7/2016 Altmiller  1)

UDC Draft, related ordinances changes and permit requirements, 

specifically relocating mobile homes in and out of the city limits

4/19/2016 Nuckels 1)

Bradfield park and flooded area; possibly use the TxDOT Historic Bridge 

Program

366