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HomeMy WebLinkAboutCCpkt2014-06-10■■ �i CITY COUNCIL MEETING SIGN IN SIIEET DATE:-�`it`_. Please sign -in as a record of attendance. All persons desiring to address the council are requested to sign below and fill out an Opinion/Spealter Registration Form. Please hand the Opinion/Speaker Registration Form to the City Secretary prior to the start of the City Council Meeting. NAME ADDRESS � 3( Y{OIIR} HOMETOW N CITY OF ANNA AGENDA NOTICE -CITY COUNCIL WORKSHOP June 10, 2014 6:30 p.m. —Anna City Hall Administration Building The City Council of the City of Anna will meet in Workshop Session at 6:30 p.m., June 10, 2014, at the Anna City Hall Administration Building, located at 111 N. Powell Parkway (Hwy 5), regarding the following items, 1. Call to Order. 2. Roll Call and Establishment of Quorum. 3. Administer the Statement of Elected Officer and the Oath of Office and present Certificate of Election to newly elected officials. (City Secretary) 4. Review Draft FY 2015 Department Budgets. (City Manager) 5. CLOSED SESSION (EXCEPTIONS): Under Tea. Gov't Code Chapter 551, the City Council may enter into closed session to discuss any items listed or referenced on this agenda under the following exceptions: a. consult with legal counsel regarding pending or contemplated litigation and/or on matters in which the duty of the attorney to the governmental body under the Texas Disciplinary Rules of Professional Conduct of the State Bar of Texas clearly conflicts with Chapter 551 of the Government Code (Tex. Gov't Code, 551.071); b. discuss or deliberate the purchase, exchange, lease, or value of real property (Tex. Gov't Code §551.072); acquisition of right -of --way, easements, and land for municipal facilities; 1. The Council may vote and/or act upon each of the items listed in this agenda. 2. The Council reserves the right to retire into executive session concerning any of the items listed on this agenda, whenever it is considered necessary and legally justified under the Open Meeting Act. 3. Persons with a disability who want to attend this meeting who may need assistance should contact the City Secretary at 972 924- 3325 two working days prior to the meeting so that appropriate arrangements can be made. 06-10-14 CC Workshop Meeting Agenda.doc 1 Posted 06-0644 c. discuss or deliberate Economic Development Negotiations: (1) To discuss or deliberate regarding commercial or financial information that the City has received from a business prospect that the City seeks to have locate, stay, or expand in or near the territory of the City of Anna and with which the City is conducting economic development negotiations; or (2) To deliberate the offer of a financial or other incentive to a business prospect described by subdivision (1). Tex. Gov't Code §551.087 ); proposed residential and retail developments; The council further reserves the right to enter into executive session at any time throughout any duly noticed meeting under any applicable exception to the Open Meetings Act, 6. Consider/Discuss/Action on any items listed on posted agenda for June 10, 2014 City of Anna City Council Regular Meeting or any Closed Session occurring during this Workshop, as necessary. 7. Adjourn. This is to certify that I, Natha Wilkison, City Secretary, posted this agenda at a place readily accessible to the public at the Anna City Hall and on the City Hall bulletin board at or before 5:00 p.m., June 6, 2014. Natha Wilkison, City Secretary 1. The Council may vote and/or act upon each of the items listed in this agenda. 2. The Council reserves the right to retire into executive session concerning any of the items listed on this agenda, whenever it is considered necessary and legally justified under the Open Meeting Act. 3. Persons with a disability who want to attend this meeting who may need assistance should contact the City Secretary at 972 924- 3325 two working days prior to the meeting so that appropriate arrangements can be made. 06-1044 CC Workshop Meeting Agenda.doc 2 Posted 06-06-14 zioM�rowN Council Meeting: June 10, 2014 Account Code #: N/A Budgeted Amount: N/A Item No.3 W S City Secretary's use only City of Anna City Council Agenda Staff Report Staff Contact: Natha Willcison Date Prepared: 6-OS-14 Exhibits: ❑Yes ❑ No AGENDA SUBJECT: Administer the Statement of Elected Officer and the Oath of Office and present Certificate of Election to newly elected officials. (City Secretary) SUMMARY: According to the City Charter each newly -elected person to the City Council is entitled to be inducted into office at the first regular City Council meeting following the election that the newly -elected member attends. Also according to the City Charter all elected and appointed officers of the City must take and sign an oath of office based on those prescribed for state elective and appointed offices, respectively, in the Constitution of the State of Texas. The Statement of Elected Officer and the Oath of Office will be given to the newly elected officials. i y{pug,} gOMETOWN Council Meeting: June 10, 2014 Account Code #: N/A Budgeted Amount: N/A Item No. 4 WS City Secretary's use only City of Anna City Council Agenda Staff Report Staff Contact: Clayton Fulton Date Prepared: 06/04/14 Exhibits: ❑Yes Q No AGENDA SUBJECT: Review Draft FY 15 Department Budgets. SUMMARY: Staff will review the following draft budgets with the City Council: • Planning and Development • Parks • Streets The combined budget for these departments 14. RECOMMENDED ACTION: None is 24% of the General Fund Budget for FY Y{OUR} AOMETOW N CITY OF ANNA AGENDA NOTICE —CITY COUNCIL REGULAR MEETING June 10, 2014 7:30 p.m. —Anna City Hall Administration Building The City Council of the City of Anna will meet in Regular Session at 7:30 p.m., June 10, 2014, at the Anna City Hall Administration Building, located at III North Powell Parkway (Hwy 5), to consider the following items. Welcome to the CitJ� Council Meeting. Please sign the Sign -In -Sheet as a record of attendance. If you wish to speak on an open -session agenda item please fill out the Opinion/Speaker Registration Form and turn it in to the City Secretary before the meeting starts. 1. Call to Order. 2. Invocation and Pledge of Allegiance. 3. Citizen comments. Citizens are allowed 3 minutes to speak. The Cozrncil is unable to respond to or discuss any issues that are brought zip during this section that are not on the agenda, other than to make statements of specific factual information in response to a citizen's inquiry or to recite existing policy in response to the inquiry. 4. Receive reports from Staff or the City Council about items of community interest. Items of cornrnunity interest include: expressions of thanks, congratulations, or condolence; information regarding holiday schedules; an honorary or salutary recognition of a public official, public employee, or other citizen (but not including a change in status of a person's public office or public employment); a reminder about an upcoming event organized or sponsored by the governing body; information regarding a social, ceremonial, or community event organized or sponsored by an entity other than the governing body that was attended or is scheduled to be attended by a member of the governing body or an official or employee of the municipality; and announcements involving an imminent threat to the public health and safety of people in the municipality that has arisen after the posting of the agenda. 5. Consider/Discuss/Action regarding electing the Mayor Pro Tem as directed in the City Charter. (City Council) 1. The Council may vote and/or act upon each of the items listed in this agenda. 2. The Council reserves the right to retire into executive session concerning any of the items listed on this agenda, whenever it is considered necessary and legally justified under the Open Meeting Act. 3. Persons with a disability who want to attend this meeting who may need assistance should contact the City Secretary at 972 924- 3325 two working days prior to the meeting so that appropriate arrangements can be made. 06-10-14 CC Regular Meeting Agenda.doc 1 Posted 06-06-14 6. Consider/Discuss/Action regarding electing the Deputy Mayor Pro Tem as directed in the City Charter. (City Council). 7. Consent Items. These items consist of non -controversial or "housekeeping" items required by law. Items may be considered individually by any Council member making such request prior to a motion and vote on the Consent Items. a. Approve City Council Minutes for May 275 2014 Regular Meeting. b. Approve a Resolution approving the Phebus Development Plat. (Maurice Schwanke) c. Review P & Z Minutes for April 7, 2014 and May 12, 2014. (Maurice Schwanke) d. Review Impact Advisory Committee Minutes for Jan 6, 2014, Jan 21, 2014, March 3, 2014 and May 12, 2014. (Maurice Schwanke) e. Approve a Resolution setting the Public Hearing Dates, Times for Roadway Impact Fees. (Maurice Schwanke) 8. Consider/ Discuss/Action regarding an Resolution adopting a Water Conservation Plan. (City Manager) 9. Consider/Discuss/Action regarding an Ordinance amending the Anna City Code of Ordinances by amending Part II, Article 8 (Building Regulations), Section 16 (Lawn and Landscape Irrigation Restrictions). (City Manager) 10. Briefing/Update regarding a Fire Department grant application. (Chief Gothard) 11. Briefing/Update regarding roadway impact fee study. (Maurice Schwanke) 12. CLOSED SESSION (EXCEPTIONS): Under Tex. Gov't Code Chapter 551, the City Council may enter into closed session to discuss any items listed or referenced on this agenda under the following exceptions: a. consult with legal counsel regarding pending or contemplated litigation and/or on matters in which the duty of the attorney to the governmental body under the Texas Disciplinary Rules of Professional Conduct of the State Bar of Texas clearly conflicts with Chapter 551 of the Government Code (Tex. Gov't Code §551.071); ; b. discuss or deliberate the purchase, exchange, lease, or value of real property (Tex. Gov't Code §551.072); acquisition of right -of --way; easements; and land for municipal facilities; 1. The Council may vote and/or act upon each of the items listed in this agenda. 2. The Council reserves the right to retire into executive session concerning any ofthe items listed on this agenda, whenever it is considered necessary and legally justified under the Open Meeting Act. 3. Persons with a disability who want to attend this meeting who may need assistance should contact the City Secretary at 972 924- 3325 two working days prior to the meeting so that appropriate arrangements can be made. 06-10-14 CC Regular Meeting Agenda.doc 2 Posted 06-06-14 c. discuss or deliberate Economic Development Negotiations: (1) To discuss or deliberate regarding commercial or financial information that the City has received from a business prospect that the City seeks to have locate, stay, or expand in or near the territory of the City of Anna and with which the City is conducting economic development negotiations; or (2) To deliberate the offer of a financial or other incentive to a business prospect described by subdivision (1). Tex. Gov't Code §551.087); proposed residential and retail developments; The council further reserves the right to enter into executive session at any time throughout any duly noticed meeting under any applicable exception to the Open Meetings Act. 13. Consider/Discuss/Action on any items listed on posted agenda for June 10, 2014 Workshop Session or any closed session occurring during this Regular Meeting, as necessary. 14. Adjourn. This is to certify that I, Natha Wilkison, City Secretary, posted this agenda at a place readily accessible to the public at the Anna City all and on the City Hall bulletin board at or before 5:00 p.m. June 6, 2014. Natha Wilkison, City Secretary l .The Council may vote and/or act upon each of the items listed in this agenda. 2. The Council reserves the right to retire into executive session concerning any of the items listed on this agenda, whenever it is considered necessary and Iegallyjustified tinder the Open Meeting Act. 3. Persons with a disability who want to attend this meeting who may need assistance should contact the City Secretary at 972 924- 3325 two working days prior to the meeting so that appropriate arrangements can be made. 06-10-14 CC Regular Meeting Agenda.doc 3 Posted 06-06-14 HOMETOWN Council Meeting: June 10 2014 Account Code #: N/A Budgeted Amount: N/A AGENDA SUBJECT: SUMMARY: RECOMMENDATION: Call to order. Item No. 1 City Secretary's use only City of Anna City Council Agenda Staff Report Staff Contact: Philip Sanders Date Prepared: 6-06-14 Exhibits: ❑Yes ❑ No Council Meeting: June 10I 2014 Account Code #: N/A Item No. 2 City Secretary's use only City of Anna City Council Agenda Staff Report Staff Contact: Philip Sanders Date Prepared: 6-06-14 Budgeted Amount: N/A Exhibits: ❑Yes AGENDA SUBJECT: Invocation and Pledge of Allegiance. RECOMMENDATION: ❑ No _y. Council Meeting: June 10, 2014 Account Code #: N/A Budgeted Amount: N/A Item No. 3 City Secretary's use only City of Anna City Council Agenda Staff Report Staff Contact: Philip Sanders Date Prepared: 6-06-14 Exhibits: ❑Yes ❑ No AGENDA SUBJECT: Citizen Comments. Citizens are allolved 3 nninuntes to speak. The Council is unable to respond to or discuss any issues that are brought up during this section that are not on the agenda, other than to make statements of specific factual information in response to a citizen's inquiry or to recite existing policy in response to the inquiry. SUMMARY: RECOMMENDATION: y{OUR} gpMETOWN Council Meeting: June 10, 2014 Account Code #: N/A Budgeted Amount: N/A Item No. 4 City Secretary's use only City of Anna City Council Agenda Staff Report Staff Contact: Philip Sanders Date Prepared: 6-06-14 Exhibits: ❑Yes ❑ No AGENDA SUBJECT: Receive reports from Staff or the City Council about items of community interest. Items of community interest include: expressions of thanks, congratulations, or condolence; information regarding holiday schedules; an honorary or salutary recognition of a public official, public employee, or other citizen (but not including a change in status of a person's public office or public employment); a reminder about an upcoming event organized or sponsored by the governing body; inforiation regarding a social, ceremonial, or commanio) event organized or sponsored by an entity other than the governing body that tiaras attended or is scheduled to be attended by a member of the governing body or an official or employee of the municipality; and announcements involving an imminent threat to the public health and safety of people in the municipality that has arisen after the posting of the agenda. Item No. 5 City Secretary's use only City of Anna City Council Agenda Staff Report Council Meeting: June 10, 2014 Staff Contact: Philip Sanders Account Code #: N/A Date Prepared: 6-OS-14 Budgeted Amount: N/A Exhibits: ❑Yes ❑ No AGENDA SUBJECT: Consider/Discuss/Action regarding electing the Mayor Pro Fern as directed in the City Charter. (City Council) SUMMARY: According to the City Charter the Mayor Pro-Tem is a Council Member elected by the City Council at the first regular meeting after each election of Council Members and/or Mayor. The Mayor Pro -Terri must act as Mayor during the disability or absence of the Mayor, and in this capacity has the rights conferred upon the Mayor. RECOMMENDATION: Staff recommends electing the Mayor Pro-Tem. Council Meeting: June 10, 2014 Account Code #: N/A Budgeted Amount: N/A Item No. 6 City Secretary's use only City of Anna City Council Agenda all Report Staff Contact: Philip Sanders Date Prepared: 6-OS-14 Exhibits: ❑Yes ❑ No AGENDA SUBJECT: Consider/Discuss/Action regarding electing the Deputy Mayor Pro Tern as directed in the City Charter. (City Council) SUMMARY: According to the City Charter the Deputy Mayor Pro-Tem is a Council Member elected by the City Council at the first regular meeting after each election of Council Members and/or Mayor. The Deputy Mayor Pro-Tem must act as Mayor during the disability or absence of the Mayor and Mayor Pro Tern, and in this capacity has the rights conferred upon the Mayor. RECOMMENDATION: Staff recommends electing the Deputy Mayor Pro-Tem. y{OUR? HOMETOWN Council Meeting: June 10, 2014 Account Code #: N/A Budgeted Amount: N/A Item No. 7 a - e City Secretary's use only City of Anna City Council Agenda Staff Report Staff Contact: Philip Sanders Date Prepared: 6-06-14 Exhibits: ❑Yes ❑ No AGENDA SUBJECT: Consent Items. These items consist of non-co»tr•oversial or• 'housekeeping" items required by law. Items may be considered individually by any Council member making such request prior• to a motion and vote on the Consent Items. a. Approve City Council Minutes for May 27, 2014 Regular Meeting. b. Approve a Resolution approving the Phebus Development Plat. (Maurice Schwanke) c. Review P & Z Minutes for April 7, 2014 and May 12, 2014. (Maurice Schwanke) d. Review Impact Advisory Committee Minutes for Jan 6, 2014, Jan 21, 2014, March 3, 2014 and May 12, 2014. (Maurice Schwanke) e. Approve a Resolution setting the Public Hearing Dates, Times for Roadway Impact Fees. (Maurice Schwanke) RECOMMENDATION: Staff recommends approval of the consent items. MINUTES OF CITY OF ANNA AGENDA NOTICE - CITY COUNCIL WORKSHOP May 27 2014 6:30 p.m. —Anna City Hall Administration Building The City Council of the City of Anna met in Workshop Session at 6:30 p.m., May 27, 2014, at the Anna City Hall Administration Building, located at 111 N. Powell Parkway (Hwy 5), regarding the following items: 1. Call to Order. Mayor Mike Crist called the meeting to order at 6:30 pm. 2. Roll Call and Establishment of Quorum. Mayor Mike Crist and Council Members James T. Cook, Lauren Lovato, Chad Barnes, Natha Bryan and Dick Dowd were present. 3. Consider/Discuss/Action regarding approving a Resolution canvassing the returns of May 10, 2014 General Election of two City Council Members, all for three year terms. (City Council) Mayor Crist presented to council. Mayor Crist made the motion to approve. Council Member Barnes seconded the motion. Motion passes. AYE 6 NAY 0 ABSTAIN 0 4. Administer the Statement of Elected Officer and the Oath of Office and present Certificate of Election to newly elected officials. (City Secreta>y) This item will be on the June 10, 2014 agenda. 5. Review Draft FY 2015 Department Budgets. (Clayton Fulton) Clayton Fulton, Director of Finance presented the Police Department and Fire Department, Ambulance, Animal Control and Municipal Co>_ut proposed budgets to council and answered questions. Council Member Barnes made the motion to enter closed session at 7:16 pm. Council Member Dowd seconded the motion. Motion passes. AYE 6 NAY 0 ABSTAIN 0 OS-27-14 CC Workshop Meeting Minutes.doc 1 OS-27-14 6. CLOSED SESSION (EXCEPTIONS): Under Tex. Gov't Code Chapter 551, the City Council may enter into closed session to discuss any items listed or referenced on this agenda under the following exceptions.6 a. consult with legal counsel litigation and/or on matters the governmental body under Professional Conduct of th regarding pending or contemplated in which the duty of the attorney to the Texas Disciplinary Rules of e State Bar of Texas clearly conflicts with Chapter 551 of the Government Code (Tex. Gov't Code 551.071); Park Land; b. discuss or deliberate the purchase, exchange, lease, or value of real property (Tex. Gov't Code §551.072), acquisition of right-of- way, easements, and land for municipal facilities; c. discuss or deliberate Economic Development Negotiations: (1) To discuss or deliberate regarding commercial or financial information that the City has received from a business prospect that the City seeks to have locate, stay, or expand in or near the territory of the City of Anna and with which the City is conducting economic development negotiations, or (2) To deliberate the offer of a financial or other incentive to a business prospect described by subdivision (1). (Tex. Gov't Code &551.087 ); proposed residential and retail developments; d. discuss or deliberate personnel matters: City Secretary update. (Tex. Gov't Code 2551.074). The council further reserves the right to 4- met ioug ou any duly noticed meeting under any applicable exception to the Open Meetings Act. Counci AYE 6 NAY 0 return to open session at 7:29 pm. Motion passes. ABSTAIN 0 7. Consider/Discuss/Action on any items listed on posted agenda for May 27, 2014 City of Anna City Council Regular Meeting or any Closed Session occurring during this Workshop, as necessary. Council Member Barnes made the motion to take no action. Council Member Bryan seconded the motion. Motion passes. AYE 6 NAY 0 ABSTAIN 0 OS-27-14 CC Workshop Meeting Minutes.doc 2 OS-27-14 8. Adjourn. Council Member Barnes made the motion to adjourn at 7:30 pm. Mayor Crlst seconded the motion. Motion passes. AYE 6 NAY 0 ABSTAIN 0 ATTEST: Natha Willcison, City Secretary APPROVED: Milce Crist, Mayor OS-27-14 CC Workshop Meeting Minutes.doc 3 OS-27-14 MINUTES OF CITY OF ANNA AGENDA NOTICE — CITY COUNCIL REGULAR MEETING May 27, 2014 7:30 p.m. — Anna City Hall Administration Building The City Council of the City of Anna met in Regular Session at 7:30 p.m., May 279 20145 at the Anna City Hall Administration Building, located at 111 North Powell Parkway (Hwy 5), to consider the following items. Welcome to the City Cormcil Meeting. Please sign the Sign -In -Sheet as a r°ecor•d of attendance. If you }fish to speak on an open -session agenda item please fill out the Opinion/Speaker Registration Form and turn it in to the City Secretary before the rrreeting starts. 1. Call to Order. Mayor Mike Crist called the meeting to order at 7:30 pm. 2. Invocation and Pledge of Allegiance. Mayor Crist gave the invocation. 3. Citizen comments. Citizens ar•e «Mowed 3 minutes to speak. The Council is unable to respond to or discuss any issues that are brought up during this section that are not on the agenda, other than to make statements of specific factual information in response to a citizen's inquiry or to recite existing policy in response to the inquiry. None 4. Receive reports from Staff or the City Council about items of community interest. Items of community interest include: expressions of thanks, congratulations, or condolence; information regarding holiday schedules; an honorary or salutary recognition of a public official, public employee, or other citizen (but not including a change in status of a person's public office or public employment), a reminder about an upcoming event organized or sponsored by the governing body; information regarding a social, ceremonial, or community event organized or sponsored by an entity other than the governing body that was attended or is scheduled to be attended by a memberof the governing body or an official or employee of the municipality; and announcements involving an imminent threat to the public health and safety of people in the municipality that has arisen after• the posting of the agenda. City Manager, Philip Sanders mentioned a Ribbon Cutting for Slayter Creels Park on Saturday, June 7, 2014. Mr. Sanders also thanked Public Works employees for working on a water leak over Memorial Holiday. OS-27-14 CC Regular Meeting Minutes.doc 1 OS-27-14 5. Consider/Discuss/Action regarding electing the Mayor Pro Tem as directed in the City Charter. (City Council) This item will be on the June 10, 2014 agenda. 6. Consider/Discuss/Action regarding electing the Deputy Mayor Pro Tem as directed in the City Charter. (City Council). This item will be on the June 10, 2014 agenda. 7. Consent Items. These items consist ofnon-controversial os• "Izocrsekeeping" items required by law. Items may be considered individually by any Council member making such request prior to a motion and vote on the Consent Items. a. Approve City Council Minutes for May 13, 2014 Regular Meeting. b. Approve a Resolution regarding "Colburn" Development plat. (Maurice Schwanke) c. Approve a Resolution regarding "West Crossing PH 4" final plat. (Maurice Schwanke) d. Approve a Resolution regarding setting Public Hearing Dates, Times for Roadway Impact Fees. (Maurice Schwanke) e. Approving the Quarterly Investment Report. (Clayton Fulton) Mayor Crist made the motion to approve all consent items except item 5 (c). Council Member Barnes seconded the motion. Motion passes. AYE 6 NAY 0 Council moved to Item 12 at this time and came back to Item 5 (c). Council Member Barnes made the motion to approve Item 5 (c). Council Member Bryan seconded the motion. Motion passes. AYE 6 ABSTAIN 0 Public Hearing: To consider public comments on a request by owners) of property, to change from Single Family Estate (SF-E) and existing Planned Development Zoning to Planned Development (PD) Single Family Zoning. The subject property is located west of CR 427 and south of CR 376. The tract is approximately 48.004 acres of land in the J C Brantley Survey, A114.(Maurice Schwanke) (b) Consider/Discuss/Action regarding an Ordinance to change from Single Family Estate (SF-E) and existing Planned Development Zoning to Planned Development (PD) Single Family Zoning. The subject property is located west of CR 427 and south of CR 376. The tract is approximately 48.004 acres of land in the J C Brantley Survey, A114. (Maurice Schwanke) OS-27-14 CC Regular Meeting Minutes.doc 2 05-27-14 City Manager, Philip Sanders presented the item to council. Item 8 (a & b) were tabled until July. 9. Consider/Discuss/Action regarding the special event application submitted by Karen Ahrens, owner of Daddy Rex's Twisted Barbeque concerning the request to have "Summer Nights Concert Series" on Thursday's from 4:00 p.m. to 9:00 p.m. starting June 5tt' — July 31st, 2014 located on Interurban Street (0' Street to alley between 0' and 5tt' Street). (Maurice Schwanke) Maurice Schwanke, Director of Planning and Development presented the item to council and answered questions. Council Member Barnes made the motion to approve. Council Member Lovato seconded the motion. Motion passes. AYE 6 NAY 0 ABSTAIN 0 10. Consider/Discuss Action regarding the special event application submitted by Karen Ahrens, owner Daddy Rex's Twisted Barbeque concerning the request to have a "Community Festival & Ice Cream Crank -Off" to be held on Saturday, June 14t", 2014 from 6:00 a.m. to 6:00 p.m. located on Interurban Street. (Maurice Schwanke) Maurice Schwanke, Director of Planning and Development presented the item to council and answered questions. Karen Ahrens, part owner of Daddy Rex's Twisted Barbeque, spoke to council about the event and answered questions. Council Member Cook made the motion approve. Council Member Lovato seconded the motion. Motion passes. AYE 6 NAY 0 ABSTAIN 0 11. Consider/Discuss Action regarding the special event application by Sara Cox, representative for the Greater Anna Chamber of Commerce regarding the request for the "July 0' Fire Works Show" at the Anna Athletic Stadium/Middle School on July 4, 2014. (Maurice Schwanke) Maurice Schwanke, Director of planning and Development presented the item to council and answered questions. Sara Cox, representative for the Greater Anna, Chamber of Commerce spoke about the event and answered questions from council. Council Member Bryan made the motion to approve. Council Member Barnes seconded the motion. Motion passes. AYE 6 NAY 0 ABSTAIN 0 12. Consider/Discuss/Action regarding a Resolution approving a Subdivision Improvement Agreement for West Crossing, Phase 4. (City Manager). City Manager, Philip Sanders presented the item to council and answered questions. Council Member Barnes made the motion to approve. Council Member Lovato seconded the motion. Motion passes. OS-27-14 CC Regular Meeting Minutes.doc 3 05-27-14 AYE 6 NAY 0 ABSTAIN 0 Council did not enter into closed session at this time. 13. CLOSED SESSION (EXCEPTIONS): Under Tex. Gov't Code Chapter 551, the City Council may enter into closed session to discuss any items listed or referenced on this agenda under the following exceptions: a. consult with legal counsel regarding pending or contemplated litigation and/or on matters in which the duty of the attorney to the governmental body under the Texas Disciplinary Rules of Professional Conduct of the State Bar of Texas clearly conflicts with Chapter 551 of the Government Code (Tex. Gov't Code 55 1.071); Park Land; b. discuss or deliberate the purchase, exchange, lease, or value of real property (Tex. Gov't Code §551.072); acquisition of right-of- way; easements; and land for municipal facilities; c. discuss or deliberate Economic Development Negotiations: (1) To discuss or deliberate regarding commercial or financial information that the City has received from a business prospect that the City seeks to have locate, stay, or expand in or near the territory of the City of Anna and with which the City is conducting economic development negotiations; or (2) To deliberate the offer of a financial or other incentive to a business prospect described by subdivision (1). (Tex. Gov't Code 55 1.0g7); proposed residential and retail developments; d. discuss or deliberate personnel matters: City Secretary update. (Tex. Gov't Code �551.074). The council further reserves the right to enter into executive session at any time throughout any duly noticed meeting under any applicable exception to the Open Meetings Act. 14. Consider/Discuss/Action on any items listed on posted agenda for May 27, 2014 Workshop Session or any closed session occurring during this Regular Meeting, as necessary. Council Member Bryan made the motion to take no action. Mayor Crist seconded the motion. Motion passes. AYE 6 NAY 0 ABSTAIN 0 15. Adjourn. Council Member Dowd made the motion to adjourn at 7:51 pm. Council Member Bryan seconded the motion. Motion passes. OS-27-14 CC Regular Meeting Minutes.doc 4 05-27-14 AYE 6 NAY 0 ABSTAIN ATTEST: APPROVED: Natha Willcison, City Secretary Milce Crist, Mayor C OS-27-14 CC Regular Meeting Minutes.doc 5 OS-27-14 Y{OUR} FFOM�TOWN Council Meeting: June 10 2014 Account Code #: N/A Item No. City Secretary's use only City of Anna City Council Agenda Staff Report Staff Contact: Maurice Schwanke Budgeted Amount: N/A AGENDA SUBJECT: Approve a Resolution Development plat. SUMMARY: Date Prepared: 06/04/14_ Exhibits: Yes � No regarding "Phebus Addition" The development plat submitted is located within the extraterritorial jurisdiction of the City. The tract is in the W.W. Roberts Survey, Abstract No. 785 and contains approximately 5.079 acres of land. The property is located at 8677 County Road 512. The owner is proposing to build a house and several out building structures on the tract. The plat meets the City of Anna development plat requirements. PLANNING AND ZONING ACTION: The Planning and Zoning approval of the development plat at their June 2, 2014 meeting, unanimous. RECOMMENDED ACTION: Approval of development plat recommended The vote was CITY OF ANNA, TEXAS RESOLUTION NO. A RESOLUTION OF THE CITY OF ANNA, TEXAS APPROVING THE "PHEBUS ADDITION" DEVELOPMENT PLAT" GENERALLY LOCATED IN ANNA'S EXTRATERRITORIAL JURISDICTION LOCATED AT 8677 COUNTY ROAD 512 AND IS SUBJECT TO THE SUBDIVISION RULES AND REGULATIONS AS SET FORTH IN THIS RESOLUTION. WHEREAS, In order to provide for the orderly development of land within the Anna city limits and extraterritorial jurisdiction, the City Council of the City of Anna, Texas (the "City Council") has adopted Part III -A of the Anna City Code of Ordinances ("Subdivision Regulations"); and WHEREAS, the Planning and Zoning Commission has recommended that the City Council approve the Phebus Addition Development Plat. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ANNA, TEXAS, THAT: Section 1. Recitals Incorporated. The recitals above are incorporated herein as if set forth in full for all purposes. Section 2. Approval of Development Plat The City Council hereby approves the Phebus Addition Development Plat PASSED AND APPROVED by the City Council of the City of Anna, Texas, on this 10th day of June, 2014. ATTEST: Natha Wilkison, City Secretary APPROVED: Mayor, Mike Crist MINUTES PLANNING AND ZONING COMMISSION REGULAR MEETING April 7, 2014 The Planning and Zoning Commission of the City of Anna will held its regular meeting on April 7, 2013, at 7:00 p.m., at the Community Room of the Anna City Hall Administration Building located at I I I North Powell Parkway (Hwy 5), to consider the following items. 1. Call to order and establishment of quorum. The meeting was called to order at 7:04 p.m. by Chairman Justin Burr. Members present were Justin Burr, Sandy Setliff, Elaine Gothard, and John Johnson. Darrin Colombo, Lee Miller and Tiffany Burleson were absent. Staff present was Maurice Schwanke and Tana Ross. 2. Invocation and Pledge of Allegiance. Mr. Schwanlce gave the invocation and led the Pledge of Allegiance. 3. (a) Public Hearing: To consider public comments on a request by Bloomfield Homes, owner of property, requesting an Exception to the Residential Architectural Standards by the approval of a Specific Use Permit from Section 35.04 (c) of the Anna Zoning Ordinance which sets the distance from front elevation to the garage front to a maximum distance of 10' to a requested distance of 13' on Bloomfield Bluebonnet Home model. The parcels are location in portions of West Crossing Phases 1, 2, 3 and future sections of West Crossing subdivision and part of Willow Creek Addition. The property is currently zoned as Planned Development Single Family Residential. The Public Hearing was opened at 7:06 p.m. Mr. Schwanlce gave a presentation and answered questions from the Commission. He noted that in October of 2012 the City Council passed an ordinance concerning residential building standards. One of the provisions goals was to eliminate shoot/garage construction where the garage sticks out 15' to 20' in front of the remainder of the structure so that when you drive by all you saw was the garage. Bloomfield homes has a home model called "Bluebonnet" which front elevation sets back 3 feet further than the 10 foot allowed. The front of the building is covered by an integrated front porch that serves as an outdoor living area and does not give the appearance that the garage is the dominant element on the lot. The areas in the request are areas that the Bluebonnet model could be used, however, the units cannot be placed side by side or across the street from each other but must be used within the parameters of the existing non repetitive standards, therefore, the staff is recommending approval of this Specific Use Permit. Tim Stewart, representative for Bloomfield Homes was present, and gave a brief presentation and answered questions from the Commission. The Public Hearing closed at 7:11 p.m. PZ Minutes 04-07-14.doc Page 1 of 3 4-07-14 (b) Consider/Discuss/Act on recommendation regarding the request of a Specific Use Permit to allow the distance from front elevation to the garage front to a maximum distance of 13' on Bloomfield Bluebonnet Home Model on parcels located Or in portions of West Crossing Phases 1,2,3 and future sections of West Crossing subdivision and part of Willow Creek Addition. Following a brief discussion, a motion was made by Mr. Johnson to approve recommend approval of the Specific Use Permit. Ms. Setliff seconded the motion. The vote was unanimous. 4. a) Public Hearing: To consider public comments on an ordinance amending the Anna City Code of Ordinances by amending Part III-C (Zoning Ordinance), Section 38 (Parking Space Regulations) by replacing the Table in Section 38.01 (Automobile Parking Space Regulations). The Public Hearing opened at 7:17 p.m. Mr. Schwanke gave a presentation and answered questions from the Commission. Mr. Schwanlce noted that the existing parking standards included in the zoning ordinance in some instances are very burdening and in other areas lacking or virtually impossible to determine. The attached ordinance provides an expanded listing than what is currently used and adds new conditions such as required covered parking in multi -family developments, stacking requirements when you have drive-thru facilities and a real method to calculate restaurant parking. The staff is recommending approval of the proposed ordinance. The Public Hearing closed at 7:22 p.m. (b) Consider/Discuss/Act on recommendation regarding an ordinance amending the Anna Code of Ordinances by amending Part III-C (Zoning Ordinance) Section 38 (Parking Space Regulations) by replacing the Table in Section 38.01 (Automobile Parking Space Regulations. Following a brief discussion, a motion was made by Ms. Setliff, seconded by Ms. Gotham to recommend approval of the proposed ordinance. The vote was unanimous. 5. a) Public Hearing: To consider• public comments on an ordinance amending the Anna City Code of Ordinances by amending Part NOW Ordinance), Section 31 (Thor -Thoroughfare Overlay) by adding Section 31.02 (Definition) and adding Section 31.07 (Building Masonry Regulations), The Public Hearing opened at 7:26 p.m. Mr. Schwanlce gave a presentation and answered questions fiom the Commission. The "THOR" Thoroughfare Overlay district is currently part of our zoning ordinance. However, the current ordinance does not define where it is located. This ordinance revisions defines the location as well as establishes masonry regulations for our gateways through our City. The ordinance also gives the Council some latitude when a prospective user does not fit the rules exactly. Some users have specific recognizable facades that may be desirous, however, not allowed because of the masonry requirements. The final aspect of this ordinance addresses the requirements for masonry requirements on municipal governmental buildings. The staff is recommending approval of this ordinance. The Public Hearing closed at 7:30 p.m. (b) Consider/Discuss/Act on recommendation regarding an ordinance amending the Anna Code of Ordinance by amending Part III-C (Zoning Ordinance), Section 31 PZ Minutes 04-07-14.doc Page 2 of 3 4-07-14 (Thor -Thoroughfare Overlay) by adding Section 31.02 (Definition) and adding Section 31.07 (Building Masonry Regulations). A motion was made by Chairman Burr, seconded by Mr. Johnson to recommend approval of the propose ordinance. The vote was unanimous. 6. Consider action to approve Minutes of the March 3, 2014 meeting. A motion was made by Ms. Gothard, seconded by Ms. Setliff to approve the Minutes of the March 3`d meeting as presented. The vote was unanimous. 7. Adjourn There being no further business, a motion was made by M .Setliff, seconded by Mr. Johnson to adjourn meeting. The meeting adjourned at 7:37 p.m. Maurice Schwanke Director of Planning and Development ATTEST: PZ Minutes 04-07-14.doc Page 3 of 3 4-07-14 MINUTES PLANNING AND ZONING COMMISSION SPECIAL MEETING May 12, 2014 The Planning and Zoning Commission of the City of Anna held a Special meeting on May 12, 2014, at 7:00 p.m., at the Community Room of the Anna City Hall Administration Building located at 111 North Powell Parkway (Hwy 5), to consider the following items. 1. Call to order• and establishment of quorum. The meeting was called to order by Chairman Burr at 7:02 p.m. Members present were Justin Burr, Tiffany Burleson, Elaine Gothard, John Johnson, Darrin Colombo and Lee Miller. Sandy Setliff had an excused absent. Staff present was Maurice Schwanke and Tana Ross. 2. Invocation and Pledge of Allegiance. Mr. Schwanlce gave the invocation and led the Pledge of Allegiance. 3. Consider/Discuss/Act on recommendation regarding "Colburn" development plat. Mr. Schwanlce gave a presentation regarding the development plat. The development plat is located within the extraterritorial jurisdiction of the City. The tract is in the Mark R Roberts Survey, Abstract No. 742 and contains approximately 10.981 acres of land. The property is located at 13399 Briar Cove Road. The owner(s) is proposing to build a new 30' x 50' structure on the tract. The plat meets the City of Anna development plat requirements. The Staff recommends approval of the development plat. A motion was made by Ms. Burleson, seconded by Mr. Colombo to recommend approval of the development plat. The vote was unanimous. 4. Consider/Discuss/Act on recommendation regarding "West Crossing PH 4 final plat. Mr. Schwanlce gave a presentation and answered questions from the Commission. A final plat has been received on approximately 14.14 acres of land that is located north of Hacicberry Blvd. and west of Slayter Creels. A preliminary plat was approved for the property by the City Council September of 2013. The owner/developer is proposing 70 residential lots on the tract. The civil construction plans are nearing completion. The staff is recommending approval of the final plat Richard Hovas, representative for Bloomfield, was present for the meeting, but did not give a presentation. A motion was made by Mr. Johnson, seconded by Mr. Miller to recommend approval of the final plat. The vote was unanimous. 5. (a) Public Hearing: To consider public comments on a request by owner(s) of property, to change from Single Family Estate (SF-E) and existing Planned P&Z Special Minutes 05-12-14.doc Page 1 of 3 5-12-14 Development Zoning to Planned Development (PD) Single Family Zoning. The subject property is located west of CR 427 and south of CR 376. The tract is approximately 48.004 acres of land in the J C Brantley Survey, A114. The Public Hearing opened at 7:10 p.m. Commissioner Lee Miller excused himself regarding this agenda item. Mr. Schwanlce gave a presentation and answered questions from the Commission. This 48 acre tract is owned by the Anna Economic Development Corporation. The Corporation is interested in rezoning the property in line with future residential densities that are defined in the "Anna Comprehensive Plan" (Plan) so that when a potential purchaser buys the property they will know what ]rind of densities and standards we would anticipate on the tract of land and they would not need to go through another rezoning request. This would allow a prospective purchaser to know what they are buying and they can make their decisions accordingly. This request is for 7,200 square feet minimum lot size with an average of 8,400 square feet. The ordinance addresses several other factors as shown in the attached ordinance for the Commission's consideration. The staff recommends approval of this ordinance. The Public Hearing closed at 7:18 p.m. (b) Consider/Discuss/Act on recommendation regarding request by owners) of property, to change from Single Family Estate (SF-E) and existing Planned Development Zoning to Planned Development (PD) Single Family Zoning. The subject property is located west of CR 427 and south of CR 376. The tract is approximately 48.004 acres of land in the J C Brantley Survey, A114. A motion was made by Ms. Burleson to recommend approval of the proposed zoning ordinance. Chairman Burr seconded the motion. The vote was unanimous. Commissioner Lee Miller rejoined the meeting after this agenda item. 6. (a) Public Hearing: To consider public comments regarding an ordinance amending the Anna Code of Ordinances by amending Part III-C (Zoning Ordinance), Section 35 by adding Section 35.04(f)5) (Masonry Content). The Public Hearing opened at 7:20 p.m. Mr. Schwanlce gave a presentation and answered questions from the Commission. The front elevations of residential structures masonry content is already controlled by our zoning ordinance. However, on double frontage lots or in areas that visually abut thoroughfares rear elevations need to be addressed. Making rear elevations match the front elevations in these instances will improve the overall appearance of our City when traversing through the City along thoroughfares. The Public Hearing closed at 7*22 p.m. (b) Consider/Discuss/Act on recommendation regarding an ordinance amending the Anna Code of Ordinauces by amending Part III-C (Zoning Ordinance), Section 35 by adding Section 35.04(f)5 (Masonry Content). A motion was made by Chairman Burr to recommend approval of the proposed ordinance. Mr. Johnson seconded the motion. The vote was unanimous. P&Z Special Minutes 05-12-14.doc Page 2 of 3 5-12-14 7. Adjourn There being no further business, a motion was made by Chairman Burr, seconded by Mr. Miller to adjourn meeting. The meeting adjourned at 7:23 p.m. Maurice Schwall ke Director of Planning and Development ATTEST: P&Z Special Minutes 05-12-14.doc Page 3 of 3 5-12-14 MINUTES IMPACT ADVISORY COMMITTEE MEETING Januaiy 06, 2014 The Impact Advisory Committee of the City of Anna held a meeting on Monday, January 06, 2014 at 8:00 p.m. at the Community Room of Anna City Hall Administration Building, located at I I I North Powell Parkway (Hwy 5), to consider the following items. 1) Call to order and establishment of quorum The meeting was called to order at 8:07 p.m. Members present were Sandy Setliff, Tiffany Burleson, Elaine Gothard, Justin Burr, John Johnson and Gary Billups. Darrin Colombo and Lee Miller had an excused absent from meeting. Staff present was Maurice Schwanke, Director of Planning and Development, Gary Hendricks and Craig Kirkhoff, city engineers from Birkhoff, Hendricks & Carter, L.L.P. 2) Introductions —Maurice Schwanlce a) Advisory Committee Members —There was a quorum for this meeting. b) City Staff — Maurice Schwanke was present. Gary Hendricks and Craig Kerrhoff, city's engineer from Birkhoff, Hendricks & Carter LLP was present. Mr. Schwanke, Mr. Hendricks and Mr. Kerfhoff gave a presentation and answered questions regarding the agenda listed below. c) Consulting Team 3) Purpose and Scope of Impact Fee Advisory Committee 4) Definition of Impact Fees The purpose of impact fees is to provide an equitable mechanism for recoupment of existing expenditures and funding of future capital improvement facilities for: water supply, distribution, production and storage; wastewater collection, conveyance and treatment; and roadway facilities 5) Impact Fee Process and Procedures a) Texas Local Government Code Chapter 395, Subchapter C b) Develop Service Areas for Water, Wastewater and Roadway c) Develop Land Use Assumptions (growth assumptions) for a 10-year period d) Develop a Capital Improvement Plan to meet the needs of the expected growth e) Develop a standard "service unit" attributed to an individual unit of growth f) Calculate the utilization of the existing and proposed facilities by the expected new "service units" Impact Advisory Committee Minutes 01-06-14.doc Page 1 of 2 01-06-14 g) Calculate the maximum impact fee per service unit. 6) Land Use Assumptions a) Water and Wastewater Service Area Definition b) Water and Wastewater Growth Assumptions c) Roadway Service Areas Definition d) Roadway Service Area Growth Assumptions 7) Capital Improvement Plan a) Water Distribution System b) Wastewater Collection System c) Roadway System 8) Impact Fee Schedule Mr. Schwanlce and Mr. Hendricks gave a presentation regarding the above agenda items. No action was taken. 9) Consider to approve Minutes of the following meetings: a) March 3, 2009 b) October 1, 2012 A motion was made by Mr. Burr, seconded by Mr. Johnson to approve the above Minutes. The vote was unanimous. 10) Adjourn There being no further business a motion was made by Mr. Burr, seconded by Mr. Johnson, to adjourn meeting. The meeting adjourned at 9:38 p.m. Maurice Schwanlce Director of Planning and Development ATTEST: Impact Advisory Committee Minutes 01-06-14.doc Page 2 of 2 01-06-14 MINUTES IMPACT ADVISORY COMMITTEE MEETING January 21, 2014 The Impact Advisory Committee of the City of Anna held a meeting on Tuesday, January 21, 2014 at 7:30 p.m. at the Community Room of Anna City Hall Administration Building, located at 1 I North Powell Parkway (Hwy 5), to consider the following items. 1) Call to order and establishment of quorum The meeting was called to order at 7:43 p.m. Members present were Sandy Setliff, Tiffany Burleson, Justin Burr, John Johnson, Darrin Colombo and Lee Miller. Elaine Gothard and Gary Billups were absent. Staff present was Maurice Schwanke and Gary Hendricks from Birkhoff, Hendricks & Carter, L.L.P. 2) Capital Improvement Plans a) Water Distribution System i) Water Distribution System CIP and Utilized Capacity Calc. ii) Water Distribution System Capital Recovery Projects and Utilized Capacity Cale. iii) Water Distribution System Living Unit Equivalents (LUE) iv) Water Distribution System Impact Fee Calculation b)Wastewater Collection System i) Wastewater Collection System CIP and Utilized Capacity Calc. ii) Wastewater Collection System Capital Recovery Projects and Utilized Capacity Cale. iii) Wastewater Collection System Living Unit Equivalents (LUE) iv) Wastewater Collection System Impact Fee Calculation c) Roadway System 3) Advisory Committee Written Recommendation to City Council a) Water and Wastewater Impact Fee Update i) Land Use Assumptions ii) Impact Fees b)Roadway Impact Fee i) Land Use Assumptions for Roadways Roadway Capital Improvement Plan A motion was made to recommend to the City Council regarding the Land Use Assumptions and Water and Wastewater Capital Improvements Plans. The motion was made by Mr. Burr and second by Mr. Colombo. The motion carried 6 to 0. 4) Impact Fee Schedule Impact Advisory Minutes 01-21-14.doc 1 of 2 01-21-14 A motion was made by Mr. Colombo, seconded by Ms. Setliff to recommend to City Council regarding the impact fee schedule. There being no further business, a motion was made by Mr. Colombo, seconded by Ms. Setliff to adjourn meeting. The meeting adjourned at 9:p.m. Maurice Schwanke Director of Planning & Development ATTEST: Impact Advisory Minutes 01-21-14.doc 2 of 2 01-21-14 MINUTES IMPACT ADVISORY COMMITTEE MEETING March 3, 2014 The Impact Advisory Committee of the City of Anna he a meeting on Monday, March 3, 2014 at 7:30 p.m. at the Community Room of Anna City Hall Administration Building, located at I I I North Powell Parkway (Hwy 5), to consider the following items. 1. Call to order and establishment of quorum. The meeting was called to order at 7:54 p.m. Members present were Sandy Setliff, Tiffany Burleson, John Johnson, Darrin Colombo, Lee Miller and Gary Billups. Members Justin Burr and Elaine Gothard were absent. Staff present was Maurice Schwanlce and Gary Hendricks, city engineer from Birkhoff, Hendricks & Carter, L.L.P. 2. Capital Improvement Plan a) CIP and Utilized Plan b) Capital Recover Projects and Utilized Capacity Cale. c) Living Unit Equivalents (LUE) d) Impact Fee Calculations Mr. Schwanlce, Director of Planning and Development and Mr. Hendricks, City Engineer, gave a presentation regarding the above. 3. Advisory Committee written recommendation to City Council A motion was made by Mr. Johnson, seconded by Mr. Miller to recommend approval regarding the Capital. Improvement Plan. The vote was unanimous. 4. Impact Fee Schedule Mr. Schwanlce and Mr. Hendricks gave a presentation regarding the Impact Fee Schedule. No action was taken. 5. Consider to approve Minutes of the following meetings: • January 6, 2014 • January 21, 2014 A motion was made by Mr. Miller and seconded by Mr. Johnson to approve the Minutes of the January 6t�' and January 21St, 2014 meetings. The vote was unanimous. 6. Adjourn There being no further business a motion was made by Ms. Setliff, seconded by Mr. Billups to adjourn meeting. The vote was unanimous. The meeting adjourned at 8:51 p.m. Maurice Schwanlce Director of Planning and Development ATTEST: Impact Advisory Committee Minutes 03-03-14.doc Page 1 of 1 03-03-14 MINUTES IMPACT ADVISORY COMMITTEE MEETING May 12, 2014 The Impact Advisory Committee of the City of Anna held a meeting on Monday, May 12, 2014 at 7:30 p.m. at the Community Room of Anna City Hall Administration Building, located at 111 North Powell Parkway (Hwy 5), to consider the following items. 1. Call to order and establishment of quorum. The meeting was called to order at 7:30 p.m. Members present were Justin Burr, Tiffany Burleson, Elaine Gothard, John Johnson, Darrin Colombo, Lee Miller and Gary Billups. Sandy Setliff had an excused absent. Staff present was Maurice Schwanke, Tana Ross and Gary Hendricks for Birkhoff, Hendricks & Carter, L.L.P. 2. Land Use Assumptions for Roadway Impact Fee (Discussion Only) 3. Roadway Capital Improvement Plan (Discussion Only) 4. Impact Fee Schedule Mr. Schwanke and Mr. Hendricks gave a presentation regarding the above agenda items. No action was taken. 5. Consider approval of Minutes of the March 3, 2014 meeting. A motion was made by Mr. Burr, seconded by Mr. Billups to approve the Minutes of the March 3, 2014 meeting. The vote was unanimous. 6. Adjourn There being no further business a motion was made by Mr. Burr, seconded by Mr. Colombo to adjourn meeting. The meeting adjourned at 7:57 p.m. Maurice Schwanke Director of Planning and Development ATTEST: Impact Advisory Committee Minutes 05-12-14.doc Page 1 of 1 05-12-14 Council Meeting: June 10 2014 Account Code #: N/A Budgeted Amount: N/A Item No. 7 e City Secretary's use only City of Anna City Council Agenda Staff Report Staff Contact: Maurice Schwanke Date Prepared: 06/04/14 Exhibits: Yes ❑ No AGENDA SUBJECT: Approve a Resolution setting Public Hearing Dates, Times for Roadway Impact Fees. SUMMARY: As part of the requirements of Section 395 of the Local Government Code concerning the adoption of Impact Fees the City Council is required to hold a public hearing. The City is anticipating holding the public hearing on July 22t1i of 2014. The Cities Impact Fee Advisory Committee has reviewing the Land Use Assumptions for Roadway Impact Fees, Roadway Impact Fee Capital Improvement Plan, as part of the process. They will be providing the Council their results and recommendations. This process established by the Local Government Code is required every 5 years if a city has impact fees or is planning on adopting impact fees. RECOMMENDED ACTION: Set the Public Hearing for Impact Fees. CITY OF ANNA Roadway Impact Fees CIP A RESOLUTION ESTABLISHING THE DATES, TIMES, AND PLACES FOR PUBLIC HEARINGS FOR ROADWAY IMPACT FEES CIP WHEREAS, The City may wish to adopt Roadway Impact Fees; and WHEREAS, The State of Texas Local Government Code Section 395 has outlined the procedures for Impact Fee Adoption; now therefore BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ANNA THAT Section 1. The City Council of the City of Anna hereby proposes to conduct required public hearings to establish Roadway Impact Fees. Section 2. Public hearing regarding a) Land Use Assumptions for Roadway Impact Fees b) Roadway Impact Fees CIP is hereby scheduled as follow. Public Hearing —July 22"d , 2014 at 7:30 p.m. at the Community Room, Anna City Hall Administration Building, I I I N. Powell Plcwy, Anna, TX PASSED by the following vote of all members of the City Council as present on this the 1 Oday of June, 2014. AYES ATTEST: City Secretary, Natha Wilkison NAYS ABSTENTIONS APPROVED: Mike Crist, Mayor RJR �r{aunt xam«zow�r Council Meeting: June 10, 2014 Account Code 4 Amount: Item No. 8 City Secretary's use only City of Anna City Council Agenda Staff Report Staff Contact: City Manager Exhibits: X Yes ❑ No AGENDA SUBJECT: Consider/Discuss/Action regarding a Resolution adopting a Water Conservation Plan. SUMMARY: Water supply has always been a key issue in the development of Texas. In recent years, the increasing population and economic development of North Central Texas have led to growing demands for water supplies. At the same time, local and less expensive sources of water supply are largely already developed. Additional supplies to meet future demands will be expensive and difficult to secure. Severe drought conditions in recent years have highlighted the importance of efficient use of our existing supplies to make them last as long as possible. This will delay the need for new supplies, minimize the environmental impacts associated with developing new supplies, and delay the high cost of additional water supply development. Recognizing the need for efficient use of existing water supplies, the Texas Commission on Environmental Quality (TCEQ) has developed guidelines and requirements governing the development of water conservation and drought contingency plans for wholesale and retail water suppliers. The attached Water Conservation Plan is based on a model plan drafted by Greater Texoma Utility Authority (GTUA) utilizing the Model Water Conservation Plan prepared by Freese and Nichols, Inc. for the North Texas Municipal Water District (NTMWD). Greater Texoma Utility Authority is a customer of the NTMWD and receives treated water from the NTMWD for delivery to several GTUA Member Cities and Customers including the City of Anna. As a customer of NTMWD, GTUA revised the NTMWD plan to be used for GTUA Member Cities and Customers receiving treated water from NTMWD. The GTUA model plan was prepared pursuant to Texas Commission on Environmental Quality rules. The objectives of this water conservation plan are as follows: • To reduce water consumption from the levels that would prevail without conservation efforts. • To reduce the loss and waste of water. • To improve efficiency in the use of water. • Encourage efficient outdoor water use. • To extend the life of current water supplies by reducing the rate of growth in demand. Water Conservation Plans are required to be updated every five years, and this plan will replace the Water Conservation plan adopted by the City in May of 2009. New in the 2014 Plan are several requirement related to outdoor irrigation including, Item No. 8 City Secretary's use only • During non -drought periods, a limitation on landscape watering with sprinklers or irrigation systems at each service address to no more than two days per week April 1 — October 31, and no more than one day per week November 1 — March 31. Drought contingency plans, such as the current Stage 3 response, include additional restrictions on outdoor irrigation. • A prohibition on the use of potable water to fill or refill residential amenity ponds, and any other natural or manmade ponds. This does not restrict the filling or maintenance of pond levels by the effect of natural water runoff or the introduction of well water into the pond. • A prohibition on overseeding, sodding, sprigging, broadcasting or plugging with coo] season grasses or watering cool season grasses, except for golf courses and athletic fields. RECOMMENDATION: Staff recommends approval of the attached Resolution adopting a Water Conservation Plan. CITY OF ANNA, TEXAS RESOLUTION NO. A RESOLUTION OF THE CITY OF ANNA, TEXAS ADOPTING A WATER CONSERVATION PLAN. WHEREAS, the City of Anna, Texas (the y"), recognizes that the amount of water available to its water customers is limited; and WHEREAS, the City recognizes that due to natural limitations, drought conditions, system failures and other acts of God which may occur, the City cannot guarantee an uninterrupted water supply for all purposes at all times; and WHEREAS, the Texas Water Code and the regulations of the Texas Commission on Environmental Quality (the "Commission") require that the City adopt a Water Conservation Plan; and WHEREAS, the City Council of the City of Anna, Texas (the "City Council") desires to adopt the Water Conservation Plan as official City policy for the conservation of water. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ANNA, TEXAS THAT: Section 1. The City Council hereby approves and adopts the Water Conservation Plan (the "Plan"), attached hereto as Addendum A, as if recited verbatim herein. Section 2. The City Manager or his designee is hereby directed to file a copy of the Plan and this Resolution the Commission in accordance with Title 30, Chapter 288 of the Texas Administrative Code. PASSED AND APPROVED by the City Council of the City of Anna, Texas, on this the 10t" day of June, 2014. ATTEST: Natha Wilkison, City Secretary Mike Crist, Mayor MAY 2014 f �l]►i►/:1117 This Water Conservation Plan is based on a model plan drafted by Greater Texoma Utility Authority (GTUA) utilizing the Model Water Conservation Plan prepared by Freese and Nichols, Inc. for the North Texas Municipal Water District (NTMWD). Greater Texoma Utility Authority is a customer of the NTMWD and receives treated water from the NTMWD for delivery to several GTUA Member Cities and Customers including the City of Anna. As a customer of NTMWD, GTUA revised the NTMWD plan to be used for GTUA Member Cities and Customers receiving treated water from NTMWD. The GTUA model plan was prepared pursuant to Texas Commission on Environmental Quality rules. Some material is based on the existing water conservation plans listed in Appendix A. This Water Conservation plan is based on the Texas Administrative Code in effect on June 25, 2013, and considers water conservation best management practices from Texas Water Development Board Report 362, Water Conservation Best Management Practices Guide. The Texas Commission on Environmental Quality (TCEQ), Texas Water Development Board (TWDB) and Water Conservation Advisory Council (WCAC) are currently reviewing additional regulations in compliance with the mandates of Senate Bill 181 enacted in 2011 by the 82nd Texas Legislature. In addition to these rules, the WCAC is reviewing additional Best Management Practices (BMPs) for Wholesale Suppliers. The draft regulations and BMPs have also been considered in the preparation of this plan. The following items that are not currently in the regulations are presented in the draft regulations or under consideration by the WCAC: • Reporting requirement for TWDB and TCEQ. • A standardized methodology for calculating per capita use. • Calculating per capita use by sector (i.e. total, residential, industrial and commercial). • Additional BMPs for Wholesale Suppliers (Contract Requirements, Technical Assistance and Outreach, Collective Purchasing and Direct Distribution, Cost Sharing Programs). None of the currently proposed adjustments will cause this plan to be obsolete. TABLE OF CONTENTS 1. INTRODUCTION AND OBJECTIVES........................................................................................ 1 2. DEFINITIONS..........................................................................................................................2 3. REGULATORY BASIS FOR WATER CONSERVATION PLAN ...................................................... 4 3.1 TCEQ Rules Governing Conservation Plans....................................................................... 4 3.2 Guidance and Methodology for Reporting on Water Conservation and Water Use........ 5 4. WATER UTILITY PROFILE....................................................................................................... 7 5. SPECIFICATION OF WATER CONSERVATION GOALS .........................................................same 8 6. BASIC WATER CONSERVATION STRATEGIES....................................................................... 10 6.1 Metering, Water Use Records, Control of Water Loss, and Leak Detection and Repair 10 6.1.1 Accurate Metering of Treated Water Deliveries from GTUA................................... 10 6.1.2 Metering of Customer and Public Uses and Meter Testing, Repair, and Replacement 10 6A 3 Determination and Control of Water Loss. . 10 6.1.4 Leak Detection and Repair........................................................................................ 11 6.1.5 Record Management System.................................................................................... 11 6.2 Continuing Public Education and Information Campaign ............................................... 11 6.3 System Operation Plan.................................................................................................... 12 6A Coordination with Regional Water Planning Group and GTUA...................................... 12 6.5 Requirement for Water Conservation Plans by Wholesale Customers .......................... 12 7. ENHANCED WATER CONSERVATION STRATEGIES.............................................................. 13 7.1 Water Rate Structure....................................................................................................... 13 7.2 Ordinances, Plumbing Codes, or Rules on Water -Conserving Fixtures .......................... 13 7.3 Compulsory Landscape and Water Management Measures .......................................... 13 7.4 Monitoring of Effectiveness and Efficiency - Annual Water Conservation Report......... 15 7.5 Water Conservation Implementation Report................................................................. 15 8. IMPLEMENTATION AND ENFORCEMENT OF THE WATER CONSERVATION PLAN .............. 16 9. REVIEW AND UPDATE OF WATER CONSERVATION PLAN .................................................. 17 LIST OF TABLES Table 5-1 Five -Year and Ten -Year Per Capita Water Use Goals (gpcd).......................................... 9 APPENDICES APPENDIX A List of References APPENDIX B Texas Commission on Environmental Quality Rules on Municipal Water Conservation Plans • Texas Administrative Code Title 30, Part 1, Chapter 288, Subchapter A, Rule §288.1 - Definitions (Page 134) • Texas Administrative Code Title 30, Part 1, Chapter 288, Subchapter A, Rule §288.2 - Water Conservation Plans for Municipal Uses by Public Water Suppliers (Page B-4) APPENDIX C TCEQ Water Utility Profile APPENDIX D City of Anna Annual Water Conservation Report APPENDIX E Municipal Ordinance Adopting Landscape Water Management Regulations APPENDIX F Letters to Region C and Region D Water Planning Groups APPENDIX G Resolution Adopting Water Conservation Plan APPENDIX H Municipal Ordinances Pertaining to Illegal Water Connections and Theft of Water APPENDIX J TCEQ Water Conservation Implementation Report ii 1. INTRODUCTION AND OBJECTIVES Water supply has always been a key issue in the development of Texas. In recent years, the increasing population and economic development of North Central Texas have led to growing demands for water supplies. At the same time, local and less expensive sources of water supply are largely already developed. Additional supplies to meet future demands will be expensive and difficult to secure. Severe drought conditions in recent years have highlighted the importance of efficient use of our existing supplies to make them last as long as possible. This will delay the need for new supplies, minimize the environmental impacts associated with developing new supplies, and delay the high cost of additional water supply development. Recognizing the need for efficient use of existing water supplies, the Texas Commission on Environmental Quality (TCEQ) has developed guidelines and requirements governing the development of water conservation and drought contingency plans for wholesale water suppliers. The TCEQ guidelines and requirements for wholesale suppliers are included in Appendix B. This water conservation plan was developed pursuant to TCEQ guidelines and requirements. The best management practices established by the Water Conservation Implementation Task Force' were also considered in the development of the water conservation measures. The objectives of this water conservation plan are as follows: • To reduce water consumption from the levels that would prevail without conservation efforts. • To reduce the loss and waste of water. • To improve efficiency in the use of water. • Encourage efficient outdoor water use. • To extend the life of current water supplies by reducing the rate of growth in demand. The water conservation plan presented in this document is based on the model water conservation plan intended for adoption by the GTUA Member Cities and Customers. This plan includes all of the elements required by TCEQ. Some elements of this model plan go beyond TCEQ requirements. E 2. DEFINITIONS 1. ATHLETIC FIELD means a public sports competition field, the essential feature of which is turf grass, used primarily for organized sports practice, competition or exhibition events for schools, recreational leagues, professional sports, or sanctioned league play. 2. CITY means the City of Anna, Texas. 3. COOL SEASON GRASSES are varieties of turf grass that grow best in cool climates primarily in northern and central regions of the U.S. Cool season grasses include perennial and annual rye grass, Kentucky blue grass and fescues. 4. CUSTOMERS include those entities to whom GTUA provides water on a customer basis that are not members of GTUA. S. EVAPOTRANSPIRATION abbreviated as ET represents the amount of water lost from plant material to evaporation and transpiration. The amount of ET can be estimated based on the temperature, wind, and relative humidity. 6. ET/SMART CONTROLLERS are irrigation controllers that adjust their schedule and run times based on weather (ET) data. These controllers are designed to replace the amount of water lost to evapotranspiration. 7. INSTITUTIONAL USE means the use of water by an establishment dedicated to public service, such as a school, university, church, hospital, nursing home, prison or government facility. All facilities dedicated to public service are considered institutional regardless of ownership. 8. MEMBER CITIES include the cities of Anna, Howe and Van Alstyne Texas. 9. MULTI -FAMILY PROPERTY means a property containing three or more dwelling units. 10. MUNICIPAL USE means the use of potable water provided by a public water supplier as well as the use of treated wastewater effluent for residential, commercial, industrial, agricultural, institutional, and wholesale uses. 2 �U 11. RECLAIMED WATER means reclaimed municipal wastewater that has been treated to a quality that meets or exceeds the minimum standards of the 30 Texas Administrative Code, Chapter 210 and is used for lawn irrigation, industry, or other non -potable purposes. 12. REGULATED IRRIGATION PROPERTY means any property that uses 1 million gallons of water or more for irrigation purposes in a single calendar year or is greater than 1 acre in size. 13. RESIDENTIAL GALLONS PER CAPITA PER DAY (Residential GPCD) the total gallons sold for residential use by a public water supplier divided by the residential population served and then divided by the number of days in the year. 14. TOTAL GALLONS PER CAPITA PER DAY (Total GPCD) The total amount of water diverted and/or pumped for potable use divided by the total permanent population divided by the days of the year. Diversion volumes of reuse as defined in TAC 288.1 shall be credited against total diversion volumes for the purposes of calculating GPCD for targets and goals. 3 3. REGULATORY BASIS IVi OR WATER CONSERVATION PLAN 3.1 TCEQ Rules Governing Conservation Plans The TCEQ rules governing development of water conservation plans for public water suppliers are contained in Title 30, Part 1, Chapter 288, Subchapter A, Rule 288.2 of the Texas Administrative Code, which is included in Appendix B. For the purpose of these rules, a water conservation plan is defined as "A strategy or combination of strategies for reducing the volume A water withdrawn from a water supply source, for reducing the loss or waste of water, for maintaining or improving the efficiency in the use of water, for increasing the recycling and reuse of water, and for preventing the pollution of water 2." The elements in the TCEQ water conservation rules covered in this conservation plan are listed below. Minimum Conservation Plan Requirements The minimum requirements in the Texas Administrative Code for Water Conservation Plans for Public Water Suppliers are covered in this report as follows: • 288.2(a)(1)(A) — Utility Profile — Section 4 and Appendix C • 288.2(a)(1)(B) —Specification of Goals —Section 5 • 288.2(a)(1)(C) —Specific, Quantified Goals —Section 5 • 288.2(a)(1)(D) —Accurate Metering —Section 6.1.1 • 288.2(a)(1)(E) —Universal Metering —Section 6.1.2 • 288.2(a)(1)(F) —Determination and Control of Water Loss —Section 6.1.3 • 288.2(a)(1)(G) — Public Education and Information Program — Section 6.2 • 288.2(a)(1)(H) —Non-Promotional Water Rate Structure —Section 7.1 • 288.2(a)(1)(I) —Reservoir System Operation Plan —Section 6.3 • 288.2(a)(1)(J) —Means of Implementation and Enforcement —Section 8 • 288.2(a)(1)(K) —Coordination with Regional Water Planning Group —Section 6.4 and Appendix F • 288.2(c) —Review and Update of Plan —Section 9 Conservation Additional Requirements (Population over 5,000) • The Texas Administrative Code includes additional requirements for water conservation plans for drinking water supplies serving a population over 5,000 • 288.2(a)(2)(A) — Leal< Detection, Repair, and Water Loss Accounting —Sections 6.1.4 • 288.2(a)(2)(B) —Record Management System —Section 6.1.5 • 288.2(a)(2)(C) —Requirement for Water Conservation Plans by Wholesale Customers —Section 6.5 Additional Conservation Strategies The TCEQ requires that a water conservation implementation report be completed and submitted on an annual basis. The template for this report is included in Appendix J. In addition to the TCEQ required water conservation strategies, the GTUA also requires the following strategy to be included in this Water Conservation Plan: • 288.2(a)(3)(F) —Considerations for Landscape Water Management Regulations — Section 7.3 and Appendix E TCEQ rules also include optional, but not required, conservation strategies that may be adopted by suppliers. The following additional strategies are included in this Water Conservation Plan: • 288.2(a)(3)(A) —Conservation Oriented Water Rates —Section 7.1 • 288.2(a)(3)(13) —Ordinances, Plumbing Codes or Rules on Water -Conserving Fixtures —Section 7.2 • 288.2(a)(3)(G) —Monitoring Method —Section 7.4 3.2 Guidance and Methodology for Reporting on Water Conservation and Water Use In addition to TCEQ rules regarding water conservation, this plan also incorporates elements of the Guidance and Methodology for Reporting on Water Conservation and Water Use developed by TWDB and TCEQ, in consultation with the Water Conservation Advisory Council (the "Guidance"). The Guidance was developed in response to a charge by the 82nd Texas Legislature to develop water use and calculation methodology �7 and guidance for preparation of water use reports and water conservation plans in accordance with TCEQ rules. 3 4. WATER UTILITY PROFILE Appendix C to this water conservation plan is a template water utility profile based on the format recommended by the TCEQ9 0 5. SPECIFICATION OF WATER CONSERVATION GOALS TCEQ rules require the adoption of specific water conservation goals for a water conservation plan. As part of plan adoption, each Member City and Customer must develop 5-year and 10- year goals for per capita municipal use. The goals for this water conservation plan include the following: • Maintain the total and residential per capita water use below the specified amount in gallons per capita per day in a dry year, as shown in the completed Table 5-1. • Maintain the water loss percentage in the system below 12 percent annually in 2014 and subsequent years, as discussed in Section 6.1.3. • Implement and maintain a program of universal metering and meter replacement and repair, as discussed in Section 6.1.2. • Increase efficient water usage through a water conservation ordinance as discussed in Sections 7.3, and Appendix E. (This ordinance is required by the GTUA.) • Raise public awareness of water conservation and encourage responsible public behavior by a public education and information program, as discussed in Section 6.2. • Develop a system specific strategy to conserve water during peak demands, thereby reducing the peak use. 0 Table 5-1 Five -Year and Ten -Year Per Capita Water Use Goals (gpcd) Current 5-Year 10-Year Description Average Goalz Goal (gpcd) (gpcd) (gpcd) Current 5-Year Average Total Per Capita Use with 1. Credit for Reuse 124 105 100 _...----....___._..--__... .... ..---._._._.__...... ....... ..... ... ....... _._.......... _._..____._._._.__.__ Current 5-Year Average Residential Per Capita Use 80 75 72 Water Loss (GPCD)l 15 12 10 Water Loss (Percentage)2 11 = 8 7 Expected Reduction due to Low -Flow Plumbing 10 1.0 2.0 Fixtures Projected Reduction Due to Elements in this Plan 1 _ 2 3 w._._.......,._._._.....__._._....-............................ ............__._..._.._..._..__......_........_._..._......_.._.__..__.._-.__.._..-__.-.. _____ _ _._._.__...._._......_....... _._., Water Conservation Goals (with credit for reuse) 115 105 100 1. Water Loss GPCD = (Total Water Loss _Permanent Population) _ 365 2. Water Loss Percentage = (Total Water Loss =Total Gallons in System) x 100; or (Water Loss GPCD =Total GPCD) x 100 E 6. BASIC WATER CONSERVATION STRATEGIES 6.1 Metering, Water Use Records, Control of Water Loss, and Leak Detection and Repair One of the I<ey elements of water conservation is tracking water use and controlling losses through illegal diversions and leaks. It is important to carefully meter water use, detect and repair leaks in the distribution system and provide regular monitoring of real losses. 6.1.1 Accurate Metering of Treated Water Deliveries from GTUA Water deliveries from GTUA are metered by GTUA using meters with accuracy of ±2%. These meters are calibrated on an annual basis by GTUA to maintain the required accuracy. 6.1.2 Metering of Customer and Public Uses and Meter Testing, Repair, and Replacement The City of Anna meters all treated water deliveries. Each meter has an accuracy of plus or minus three percent. Any municipal water meter will be taken out and tested upon request of the Customer and if, upon test, the meter is not within 3% of being accurate, it will be repaired or replaced. If upon test the meter is found to be within 3% of accuracy the Customer shall pay a fee of in the amount set forth in Anna City Code. 6.1.3 Determination and Control of Water Loss Total water loss is the difference between water delivered to Member Cities and Customers from GTUA (and other supplies, if applicable) and metered water sales to customers plus authorized for use but not sold. (Authorized for use but not sold would include use for fire fighting, releases for flushing of lines, uses associated with new construction, etc.) Total water loss includes three categories: • Apparent Losses —including inaccuracies in customer meters. (Customer meters tend to run more slowly as they age and under -report actual use.) Losses due to illegal connections and theft. (Included in Appendix H.) Accounts which are being used but have not yet been added to the billing system. • Real Losses —includes physical losses from the system or mains, reported breaks and leaks, storage overflow. • Unidentified Water Losses — (System Input - Total Authorized - Apparent Losses - Real Losses) Measures to control water loss are part of the routine operations of the City of Anna staff. Maintenance crews and personnel look for and report evidence of leaks in the water distribution system. A leak detection and repair program is described in Section 6.1.4 below. Meter readers watch for and report signs of illegal connections, so they can be quickly addressed. Total water loss is calculated in accordance with the provisions of Appendix J. With the measures described in this plan, the City of Anna will maintain water loss percentage below 12 percent in 2014 and subsequent years. If total water loss exceeds this goal, the City will implement a more intensive audit to determine the source(s) of and reduce the water loss. The annual conservation report described below is the primary tool that is used to monitor water loss. 6.1.4 Leak Detection and Repair As described above, City crews and personnel look for and report evidence of leaks in the water distribution system. Areas of the water distribution system in which numerous leaks and line breaks occur are targeted for replacement as funds are available. 6.1.5 Record Management System As required by TAC Title 30, Part 1, Chapter 288, Subchapter A, Rule 288.2(a)(2)(B), a record management system should allow for the separation of water sales and uses into residential, commercial, public/institutional, and industrial categories. This information should be included in an annual water conservation report, as described in Section 7.4 below. 6.2 Continuing Public Education and Information Campaign The continuing public education and information campaign on water conservation includes the following elements: • Utilize public education materials. • Include water conservation information with water bills including information about current drought response and water conservation requirements, Cl"d directions to the water conservation section of the City's website. • Encourage local media coverage of water conservation issues and the importance of water conservation. • Provide Major Rivers curriculum regarding water conservation to the Anna ISD 4`" grade elementary school classes (GTUA will provide these materials to the schools). • Make information on water conservation available on the City website. 6.3 System Operation Plan The City of Anna does not have surface water supplies for which to implement a system operations plan. The treated water purchased from GTUA is provided by North Texas Municipal Water District. 6.4 Coordination with Regional Water Planning Group and GTUA Appendix F includes a letter to be sent to the Chair of the Region C Water Planning Group with this water conservation plan. The City of Anna will send a copy of their draft ordinance(s) or regulations) implementing the plan and their water utility profile to GTUA for review and comment. The adopted ordinance(s) or regulation(s) and the adopted water utility profile will be sent to the Chair of the Region C Water Planning Group and to GTUA. 6.5 Requirement for Water Conservation Plans by Wholesale Customers Every contract for the wholesale sale of water by the City of Anna that is entered into, renewed, or extended after the adoption of this water conservation plan will include a requirement that the wholesale customer and any wholesale customers of that wholesale customer develop and implement a water conservation plan meeting the requirements of Title 30, Part 1, Chapter 288, Subchapter A, Rule 288.2 of the Texas Administrative Code. The requirement will also extend to each successive wholesale customer in the resale of the water. 12 7. ENHANCED WATER CONSERVATION STRATEGIES 7.1 Water Rate Structure The City of Anna has adopted an increasing block rate water structure that is intended to encourage water conservation and discourage excessive use and waste of water. 7.2 Ordinances, Plumbing Codes, or Rules on Water -Conserving Fixtures The state has required water -conserving fixtures in new construction and renovations since 1992. The state standards call for flows of no more than 2.5 gallons per minute (gpm) for faucets, 2.5 gpm for showerheads, and 1.6 gallons per flush for toilets. Similar standards are now required nationally under federal law. These state and federal standards assure that all new construction and renovations will use water -conserving fixtures. 7.3 Compulsory Landscape and Water Management Measures The following landscape water management measures are required by the GTUA for this plan. These measures are required by North Texas Municipal Water District, and therefore passed on to GTUA Member Cities and Customers. The measures represent minimum measures to be implemented and enforced in order to irrigate the landscape appropriately, and are to remain in effect on a permanent basis unless water resource management stages are declared. 1. Landscape Water Management Measures • Limit landscape watering with sprinklers or irrigation systems at each service address to no more than two days per week (April 1 —October 31), with education that less than twice per week is usually adequate. Additional watering of landscape may be provided by hand-held hose with shutoff nozzle, use of dedicated irrigation drip zones, and/or soaker hose provided no runoff occurs. • Limit landscape watering with sprinklers or irrigation systems at each service address to no more than one day per week beginning November 1 and ending March 31 of each year, with education that less than once per week is usually adequate. • Prohibit lawn irrigation watering from 10 AM to 6 PM (April 1— October 31). • Prohibit the use or irrigation systems that water impervious surfaces. (Wind driven water drift will betaken into consideration.) 13 • Prohibit outdoor watering during precipitation or freeze events. • Prohibition of use of poorly maintained sprinkler systems that waste water. • Prohibit excess water runoff or other obvious waste. • Require rain and freeze sensors and/or ET or Smart controllers on all new irrigation systems. Rain and freeze sensors and/or ET or Smart controllers must be maintained to function properly. • Prohibit overseeding, sodding, sprigging, broadcasting or plugging with cool season grasses or watering cool season grasses, except for golf courses and athletic fields. • Require that irrigation systems be inspected at the same time as initial bacl<flow preventer inspection. • Requirement that all new irrigation systems be in compliance with state design and installation regulations (TAC Title 30, Part 1, Chapter 344). • Require the owner of a regulated irrigation property to obtain an evaluation of any permanently installed irrigation system on a periodic basis. The irrigation evaluation shall be conducted by an licensed irrigator in the state of Texas and be submitted to your local water provider (i.e., city, water supply corporation). 2. Additional Water Management Measures • Prohibit the use of potable water to fill or refill residential, amenity, and any other natural or manmade ponds. A pond is considered to be a still body of water with a surface area of 500 square feet or more. • on —commercial car washing can be done only when using a water hose with a shut-off nozzle. • Hotels and motels shall offer a linen reuse water conservation option to customers. • Restaurants, bars, and other commercial food or beverage establishments may not provide drinking water to customers unless a specc request is made by the customer for drinking water. 14 Appendix E is an Ordinance adopting Landscape Water Management Regulations. These regulations are intended to minimize waste in landscape irrigation. Appendix E includes the required landscape water measures in this section. 7.4 Monitoring of Effectiveness and Efficiency -Annual Water Conservation Report Appendix D is a form used in the development of an annual water conservation report by the City. This form will be completed by March 31 of the following year and used to monitor the effectiveness and efficiency of the water conservation program and to plan conservation -related activities for the next year. The form records the water use by category, per capita municipal use, and total water loss for the current year and compares them to historical values. As part of the development of Appendix D, the City will complete the tracking tool by March 31 of the following year and submit them to GTUA. 7.5 Water Conservation Implementation Report Appendix J includes the TCEQ-required water conservation implementation report. The report is due to the TCEQ by May 1 of every year. This report lists the various water conservation strategies that have been implemented, including the date the strategy was implemented. The report also calls for the five-year and ten-year per capita water use goals from the previous water conservation plan. 15 8. IMPLEMENTATION AND ENFORCEMENT OF THE WATER CONSERVATION PLAN Appendix G contains the resolution adopted by the City Council regarding the water conservation plan. The ordinance attached as Appendix E, includes information about enforcement. Appendix H includes a copy of existing ordinances related to illegal connections and water theft. 9. REVIEW AND UPDATE OF WATER CONSERVATION PLAN TCEQ requires that the water conservation plans be updated prior to May 1, 2014. The plans are required to be updated every five years thereafter. This plan will be updated as required and as appropriate based on new or updated information. 17 APPENDIX A LIST OF REFERENCES APPENDIX A LIST OF REFERENCES 1. Texas Commission on Environmental Quality Annual Report. htt_p.tceq.texas9ta permitting/water rights/conserve.html#imple 2. Title 30 of the Texas Administrative Code, Part 1, Chapter 288, Subchapter A, Rules 288.1 and 288.5, and Subchapter B, Rule 288.22, downloaded from http://info.sos.state.tx.us/pls/pub/readtac$ext.ViewTAC?tac view=4&ti=30&pt=1&ch=288, June 2013. 3. Water Conservation Implementation Tasl< Force: "Texas Water Development Board Report 362, Water Conservation Best Management Practices Guide," prepared for the Texas Water Development Board, Austin, November 2004. 4. Water Conservation Advisory Council: Guidance and Methodology for Reporting on Water Conservation and Water Use, December 2012 5. Freese and Nichols, Inc.: Water Conservation Plan for NTMWD Members Cities and Customers, prepared for the North Texas Municipal Water District, Fort Worth, November 2013. 6. Definitions from City of Austin Water Conservation and Drought Contingency Ordinance adopted August 16, 20128 http://www.austintexas.gov/sites/default/files/files/Water/Conservation/Planning and Policy/ ProposedCodeRevision DRAFT with watering schedule-845-2012.pdf 7. Definition from City of San Antonio Water Conservation Ordinance adopted 2005. http://saws.or�/conservation/ordinance/docs/Ch34 Ordinance 2009.pd4: 8. Definition developed by Freese and Nichols Inc. 9. Texas Water Development Board, Texas Commission on Environmental Quality, Water Conservation Advisory Council. "DRAFT Guidance and Methodology for Water Conservation Reporting." 10. Freese and Nichols Inc., Alan Plummer and Associates, CP & Y Inc. and Cooksey Communications. "2011 Region C Regional Water Plan" le�� TEXAS COMMISSION ON ENVIRONMENTAL QUALITY RULES ON MUNICIPAL WATER CONSERVATION PLANS NNAL11 rum TEXAS COMMISSION ON ENVIRONMENTAL QUALITY RULESON MUNICIPAL WATER CONSERVATION PLANS Texas Administrative Code TITLE 30 ENVIRONMENTAL QUALITY PART 1 TEXAS COMMISSION ON ENVIRONMENTAL QUALITY CHAPTER 288 WATER CONSERVATION PLANS, DROUGHT CONTINGENCY PLANS, GUIDELINES AND REQUIREMENTS SUBCHAPTER A WATER CONSERVATION PLANS RULE §288.1 Definitions The following words and terms, when used in this chapter, shall have the following meanings, unless the context clearly indicates otherwise. (1) Agricultural orAgriculture--Any of the following activities: (A) cultivating the soil to produce crops for human food, animal feed, or planting seed or for the production of fibers; (B) the practice of floriculture, viticulture, silviculture, and horticulture, including the cultivation of plants in containers or non -soil media by a nursery grower; (C) raising, feeding, or Keeping animals for breeding purposes or for the production of food or fiber, leather, pelts, or other tangible products having a commercial value; (D) raising or keeping equine animals; (E) wildlife management; and (F) planting cover crops, including cover crops cultivated for transplantation, or leaving land idle for the purpose of participating in any governmental program or normal crop or livestock rotation procedure. (2) Agricultural use --Any use or activity involving agriculture, including irrigation. (3) Best management practices --Voluntary efficiency measures that save a quantifiable amount of water, either directly or indirectly, and that can be implemented within a specific time frame. (4) Conservation --Those practices, techniques, and technologies that reduce the consumption of water, reduce the loss or waste of water, improve the efficiency in the use of water, or increase the recycling and reuse of water so that a water supply is made available for future or alternative uses. (5) Commercial use --The use of water by a place of business, such as a hotel, restaurant, or office building. This does not include multi -family residences or agricultural, industrial, or institutional users. (6) Drought contingency plan --A strategy or combination of strategies for temporary supply and demand management responses to temporary and potentially recurring water supply shortages and other water supply emergencies. A drought contingency plan may be a separate document identified as such or may be contained within another water management document(s). (7) Industrial use --The use of water in processes designed to convert materials of a lower order of value into forms having greater usability and commercial value, and the development of power by means other than hydroelectric, but does not include agricultural use. (8) Institutional use --The use of water by an establishment dedicated to public service, such as a school, university, church, hospital, nursing home, prison or government facility. All facilities dedicated to public service are considered institutional regardless of ownership. (9) Irrigation --The agricultural use of water for the irrigation of crops, trees, and pastureland, including, but not limited to, golf courses and parks which do not receive water from a public water supplier. (10) Irrigation water use efficiency --The percentage of that amount of irrigation water which is beneficially used by agriculture crops or other vegetation relative to the amount of water diverted from the source(s) of supply. Beneficial uses of water for irrigation purposes include, but are not limited to, evapotranspiration needs for vegetative maintenance and growth, salinity management, and leaching requirements associated with irrigation. (11) Mining use --The use of water for mining processes including hydraulic use, drilling, washing sand and gravel, and oil field re -pressuring. L:�7 (12) Municipal use --The use of potable water provided by a public water supplier as well as the use of sewage effluent for residential, commercial, industrial, agricultural, institutional, and wholesale uses. (13) Nursery grower --A person engaged in the practice of floriculture, viticulture, silviculture, and horticulture, including the cultivation of plants in containers or nonsoil media, who grows more than 50% of the products that the person either sells or leases, regardless of the variety sold, leased, or grown. For the purpose of this definition, grow means the actual cultivation or propagation of the product beyond the mere holding or maintaining of the item prior to sale or lease, and typically includes activities associated with the production or multiplying of stock such as the development of new plants from cuttings, grafts, plugs, or seedlings. (14) Pollution --The alteration of the physical, thermal, chemical, or biological quality of, or the contamination of, any water in the state that renders the water harmful, detrimental, or injurious to humans, animal life, vegetation, or property, or to the public health, safety, or welfare, or impairs the usefulness or the public enjoyment of the water for any lawful or reasonable purpose. 15) Public water supplier --An individual or entity that supplies water to the public for human consumption. (16) Residential use --The use of water that is billed to single and multi -family residences, which applies to indoor and outdoor uses. (17) Residential gallons per capita per day --The total gallons sold for residential use by a public water supplier divided by the residential population served and then divided by the number of days in the year. (18) Regional water planning group --A group established by the Texas Water Development Board to prepare a regional water plan under Texas Water Code, §16.053. (19) Retail public water supplier --An individual or entity that for compensation supplies water to the public for human consumption. The term does not include an individual or entity that supplies water to itself or its employees or tenants when that water is not resold to or used by others. (20) Reuse --The authorized use for one or more beneficial purposes of use of water that remains unconsumed after the water is used for the original purpose of use and before that water is either disposed of or discharged or otherwise allowed to flow into a watercourse, lake, or other body of state- owned water. (21) Total use --The volume of raw or potable water provided by a public water supplier to billed customer sectors or nonrevenue uses and the volume lost during conveyance, treatment, or transmission of that water. (22) Total gallons per capita per day (GPCD)--The total amount of water diverted and/or pumped for potable use divided by the total permanent population divided by the days of the year. Diversion volumes of reuse as defined in this chapter shall be credited against total diversion volumes for the purposes of calculating GPCD for targets and goals. (23) Water conservation plan --A strategy or combination of strategies for reducing the volume of water withdrawn from a water supply source, for reducing the loss or waste of water, for maintaining or improving the efficiency in the use of water, for increasing the recycling and reuse of water, and for preventing the pollution of water. A water conservation plan may be a separate document identified as such or may be contained within another water management document(s). (24) Wholesale public water supplier --An individual or entity that for compensation supplies water to another for resale to the public for human consumption. The term does not include an individual or entity that supplies water to itself or its employees or tenants as an incident of that employee service or tenancy when that water is not resold to or used by others, or an individual or entity that conveys water to another individual or entity, but does not own the right to the water which is conveyed, whether or not for a delivery fee. (25) Wholesale use --Water sold from one entity or public water supplier to other retail water purveyors for resale to individual customers. Source Note: The provisions of this §288.1 adopted to be effective May 3, 1993, 18 TexReg 2558; amended to be effective February 21, 1999, 24 TexReg 949; amended to be effective April 27, 2000, 25 TexReg 3544; amended to be effective August 15, 2002, 27 TexReg 7146, amended to be effective October 7, 2004, 29 TexReg 9384; amended to be effective January 10, 20081 33 TexReg 193; amended to be effective December 6, 2012, 37 TexReg 9515 Texas Administrative Code TITLE 30 ENVIRONMENTAL QUALITY PART 1 TEXAS COMMISSION ON ENVIRONMENTAL QUALITY CHAPTER 288 WATER CONSERVATION PLANS, DROUGHT CONTINGENCY PLANS, GUIDELINES AND REQUIREMENTS SUBCHAPTER A WATER CONSERVATION PLANS RULE §288.2 Water Conservation Plans for Municipal Uses by Public Water Suppliers (a) A water conservation plan for municipal water use by public water suppliers must provide information in response to the following. If the plan does not provide information for each requirement, the public water supplier shall include in the plan an explanation of why the requirement is not applicable. (1) Minimum requirements. All water conservation plans for municipal uses by public water suppliers must include the following elements: (A) a utility profile in accordance with the Texas Water Use Methodology, including, but not limited to, information regarding population and customer data, water use data (including total gallons per capita per day (GPCD) and residential GPCD), water supply system data, and wastewater system data; (B) a record management system which allows for the classification of water sales and uses into the most detailed level of water use data currently available to it, including, if possible, the sectors listed in clauses (i) - (vi) of this subparagraph. Any new billing system purchased by a public water supplier must be capable of reporting detailed water use data as described in clauses (i) - (vi) of this subparagraph: (i) residential; (I) single family; (II) multi -family; (ii) commercial; (iii) institutional; (iv) industrial; (v) agricultural; and, (vi) wholesale. (C) specific, quantified five-year and ten-year targets for water savings to include goals for water loss programs and goals for municipal use in total GPCD and residential GPCD. The goals established by a public water supplier under this subparagraph are not enforceable; (D) metering device(s), within an accuracy of plus or minus 5.0% in order to measure and account for the amount of water diverted from the source of supply; (E) a program for universal metering of both customer and public uses of water, for meter testing and repair, and for periodic meter replacement; (F) measures to determine and control water loss (for example, periodic visual inspections along distribution lines; annual or monthly audit of the water system to determine illegal connections; abandoned services; etc.); (G) a program of continuing public education and information regarding water conservation; (N) a water rate structure which is not "promotional," i.e., a rate structure which is cost -based and which does not encourage the excessive use of water; (I) a reservoir systems operations plan, if applicable, providing for the coordinated operation of reservoirs owned by the applicant within a common watershed or river basin in order to optimize available water supplies; and (J) a means of implementation and enforcement which shall be evidenced by: (i) a copy of the ordinance, resolution, or tariff indicating official adoption of the water conservation plan by the water supplier; and (ii) a description of the authority by which the water supplier will implement and enforce the conservation plan; and (K) documentation of coordination with the regional water planning groups for the service area of the public water supplier in order to ensure consistency with the appropriate approved regional water plans. (2) Additional content requirements. Water conservation plans for municipal uses by public drinking water suppliers serving a current population of 5,000 or more and/or a projected population of 5,000 or more within the next ten years subsequent to the effective date of the plan must include the following elements: (A) a program of leak detection, repair, and water loss accounting for the water transmission, delivery, and distribution system; (B) a requirement in every wholesale water supply contract entered into or renewed after official adoption of the plan (by either ordinance, resolution, or tariff), and including any contract extension, that each successive wholesale customer develop and implement a water conservation plan or water conservation measures using the applicable elements in this chapter. If the customer intends to resell the water, the contract between the initial supplier and customer must provide that the contract for the resale of the water must have water conservation requirements so that each successive customer in the resale of the water will be required to implement water conservation measures in accordance with the provisions of this chapter. (3) Additional conservation strategies. Any combination of the following strategies shall be selected by the water supplier, in addition to the minimum requirements in paragraphs (1) and (2) of this subsection, if they are necessary to achieve the stated water conservation goals of the plan. The commission may require that any of the following strategies be implemented by the water supplier if the commission determines that the strategy is necessary to achieve the goals of the water conservation plan: (A) conservation -oriented water rates and water rate structures such as uniform or increasing block rate schedules, and/or seasonal rates, but not flat rate or decreasing block rates; (B) adoption of ordinances, plumbing codes, and/or rules requiring water -conserving plumbing fixtures to be installed in new structures and existing structures undergoing substantial modification or addition; (C) a program for the replacement or retrofit of water -conserving plumbing fixtures in existing structuresI (D) reuse and/or recycling of wastewater and/or graywater; (E) a program for pressure control and/or reduction in the distribution system and/or for customer connections; (F) a program and/or ordinance(s) for landscape water management; (G) a method for monitoring the effectiveness and efficiency of the water conservation plan; and (H) any other water conservation practice, method, or technique which the water supplier shows to be appropriate for achieving the stated goal or goals of the water conservation plan. (b) A water conservation plan prepared in accordance with 31 TAC §363.15 (relating to Required Water Conservation Plan) of the Texas Water Development Board and substantially meeting the requirements of this section and other applicable commission rules may be submitted to meet application requirements in accordance with a memorandum of understanding between the commission and the Texas Water Development Board. (c) A public water supplier for municipal use shall review and update its water conservation plan, as appropriate, based on an assessment of previous five-year and ten-year targets and any other new or updated information. The public water supplier for municipal use shall review and update the next revision of its water conservation plan every five years to coincide with the regional water planning WIN Source Note: The provisions of this §288.2 adopted to be effective May 3, 1993, 18 TexReg 2558; amended to be effective February 21, 1999, 24 TexReg 949; amended to be effective April 27, 2000, 25 TexReg 3544; amended to be effective October 7, 2004, 29 TexReg 9384; amended to be effective December 6, 2012, 37 TexReg 9515 Cam? APPENDIX C TCEQ WATER UTILITY PROFILE Texas Commission on Environmental Quality UTILITY PROFILE AND WATER CONSERVATION PLAN REQUIREMENTS FOR MUNICIPAL WATER USE THECA BY RETAIL PUBLIC WATER SUPPLIERS This form is provided to assist retail public water suppliers in water conservation plan development. If you need assistance in completing this form or in developing your plan, please contact the conservation staff of the Resource Protection Team in the Water Availability Division at (512) 239-46910 Name: Address: Click to add text Telephone Number: ( ) Fax: Water Right No.(s): Regional Water Planning Group. Form Completed by: Title: Person responsible for implementing conservation program: Phone: Signature: Date: NOTE: If the plan does not provide information for each requirement, include an explanation of why the requirement is not applicable. TCEQ — io2i8 (Rev. o6/i4/zoi3) Page i of 9 A. Population and Seruice Area Data Attach a copy of your service -area map and, if applicable, a copy of your Certificate of Convenience and Necessity (CCN). 2. Service area size (in square miles): (Please attach a copy of service -area map) 3. Current population of service area: 4. Current population served for: a. Water b. Wastewater 5. Population served for previous five 6. years. Year Population Projected population for service area in the following decades: Year Population 2020 2030 2040 2050 2060 �. List source or method for the calculation of current and projected population size. B. Customers Data Senate Bill 181 requires that uniform consistent methodologies for calculating water use and conservation be developed and available to retail water providers and certain other water use sectors as a guide for preparation of water use reports, water conservation plans, and reports on water conservation efforts. A water system must provide the most detailed level of customer and water use data available to it however,_ anv new billiniz system purchased must be capable of reporting data for each of the sectors listed below. http://www.tceq.texas.gov/assets/public permitting/watersupply/water rights/sb181 guidance.pdf TCEQ —1o2i8 (Rev. o6/i4/2oi3) Page 2 of 9 �. Current number of active connections. Check whether multi -family service is counted as ❑ Residential or ❑ Commercial? Treated Water Users Metered Non -Metered Totals Residential Single -Family Multi -Family Commercial Industrial/Mining Institutional Agriculture Other/Wholesale 2. List the number of new connections per year for most recent three years. Year Treated Water Users Residential Single -Family Multi -Family Commercial Industrial/Mining Institutional Agriculture Other/Wholesale 3. List of annual water use for the five highest volume customers. Use (z,000 Treated or Raw Customer gal/L ear) Water TCEQ — iou8 (Rev. o6/i4/2oi3) Page 3 of 9 II. WATER USE DATA FOR SERVICE UREA A. WaterAccounting Data 1. List the amount of water use for the previous five years (in 1,000 gallons). Indicate whether this is ❑ diverted or ❑ treated water. Year Month January February March April May June July August September October November December Totals Describe how the above figures were determine (e.g, from a master meter located at the point of a diversion from the source, or located at a point where raw water enters the treatment plant, or from water sales). 2. Amount of water (in 1,00o gallons) delivered/sold as recorded by the following account types for the past five years. Year Account Types Residential Single -Family Multi -Family Commercial Industrial/Mining Institutional Agriculture Other/Wholesale TCEQ - iou8 (Rev. 06/14/2oi3) Page 4 of 9 3. List the previous records for water loss for the past five years (the difference between water diverted or treated and water delivered or sold). Year Amount (gallons) Percent B. Projected Water Demands If applicable, attach or cite projected water supply demands from the applicable Regional Water Planning Group for the next ten years using information such as population trends, historical water use, and economic growth in the service area over the next ten years and any additional water supply requirements from such growth. III. WATER SUPPLY SYSTEM DATA A. Water Supply Sources List all current water supply sources and the amounts authorized (in acre feet) with each. Water Tupe Surface Water Groundwater Contracts Other B. Treatment and Distribution System 1. Design daily capacity of system 2. Storage capacity (MGD): a. Elevated b. Ground Source i AmountAuthorzed 3. If surface water, do you recycle filter backwash to the head of the plant? ❑ Yes ❑ No If yes, approximate amount (MGD): TCEQ — iou8 (Rev. o6/i4/2oi3) P1ge g of 9 N. WASTEWATER SYSTEM DATA A. Wastewater System Data (if applicable) i. Design capacity of wastewater treatment plants) (MGD): 2. Treated effluent is used for ❑ on -site irrigation, ❑ off -site irrigation, for ❑plant was down, and/or for ❑ chlorination/dechlorination. If yes, approximate amount (in gallons per month): 3. Briefly describe the wastewater systems) of the area serviced by the water utility. Describe how treated wastewater is disposed. Where applicable, identify treatment plant(s) with the TCEQ name and number, the operator, owner, and the receiving stream if wastewater is discharged. B. Wastewater Data for Service Area (if applicable) 1. Percent of water service area served by wastewater system: 2. Monthly volume treated for previous five years (in 1,00o gallons): Year Month January February March April May June July August September October November December Totals TCEQ — io218 (Rev. 06/14/2013) Page 6 of 9 V. ADDITIONAL REQUIRED INFORMATION In addition to the utility profile, please attach the following as required by Title 30, Texas Administrative Code, §288.2. Note: If the water conservation plan does not provide information for each requirement, an explanation must be included as to why the requirement is not applicable. A. Specific, Quantified 0 &Yo-Year Targets The water conservation plan must include specific, quantified five-year and ten-year targets for water savings to include goals for water loss programs and goals for municipal use in gallons per capita per day. Note that the goals established by a public water supplier under this subparagraph are not enforceable B. Metering Devices The water conservation plan must include a statement about the water suppliers metering device(s), within an accuracy of plus or minus 5.0% in order to measure and account for the amount of water diverted from the source of supply. C. Universal Metering The water conservation plan must include and a program for universal metering of both customer and public uses of water, for meter testing and repair, and for periodic meter replacement. D. Unaccounted- For Water Use The water conservation plan must include measures to determine and control unaccounted-for uses of water (for example, periodic visual inspections along distribution lines; annual or monthly audit of the water system to determine illegal connections; abandoned services; etc.). E. Continuing Public Education Information The water conservation plan must include a description of the program of continuing public education and information regarding water conservation by the water supplier. F. Non -Promotional Water Rate Structure The water supplier must have a water rate structure which is not "promotional," i.e., a rate structure which is cost -based and which does not encourage the excessive use of water. This rate structure must be listed in the water conservation plan. G. Reservoir Systems Operations Plan The water conservation plan must include a reservoir systems operations plan, if applicable, providing for the coordinated operation of reservoirs owned by the applicant within a common watershed or river basin. The reservoir systems operations plan shall include optimization of water supplies as one of the significant goals of the plan. H. Enforcement Procedure and Plan Adoption The water conservation plan must include a means for implementation and enforcement, which shall be evidenced by a copy of the ordinance, rule, resolution, or tariff, indicating official adoption of the water conservation plan by the water supplier; .and a description of the authority by which the water supplier will implement and enforce the conservation plan. TCEQ — io2i8 (Rev. o6/i4/2oi3) Page � of 9 L Coordination with the Regional Water Planning Group(s) The water conservation plan must include documentation of coordination with the regional water planning groups for the service area of the wholesale water supplier in order to ensure consistency with the appropriate approved regional water plans. J. Plan Review and Update A public water supplier for municipal use shall review and update its water conservation plan, as appropriate, based on an assessment of previous five-year and ten-year targets and any other new or updated information. The public water supplier for municipal use shall review and update the next revision of its water conservation plan not later than May 1, 2009, and every five years after that date to coincide with the regional water planning group. The revised plan must also include an implementation report. VI. ADDITIONAL REQUIREMENTS FOR LARGE SUPPLIERS Required of suppliers serving population of g,000 or more or a projected population of 5,000 or more within ten years A. Lealc Detection and Repair The plan must include a description of the program of leak detection, repair, and water loss accounting for the water transmission, delivery, and distribution system in order to control unaccounted for uses of water. B. Contract Requirements A requirement in every wholesale water supply contract entered into or renewed after official adoption of the plan (by either ordinance, resolution, or tariff), and including any contract extension, that each successive wholesale customer develop and implement a water conservation plan or water conservation measures using the applicable elements in this chapter. If the customer intends to resell the water, the contract between the initial supplier and customer must provide that the contract for the resale of the water must have water conservation requirements so that each successive customer in the resale of the water will be required to implement water conservation measures in accordance with the provisions of this chapter. VII. ADDITIONAL CONSERVATION STRATEGIES A. Conservation Strategies Any combination of the following strategies shall be selected by the water supplier, in addition to the minimum requirements of this chapter, if they are necessary in order to achieve the stated water conservation goals of the plan. The commission may require by commission order that any of the following strategies be implemented by the water supplier if the commission determines that the strategies are necessary in order for the conservation plan to be achieved: 1. Conservation -oriented water rates and water rate structures such as uniform or increasing block rate schedules, and/or seasonal rates, but not flat rate or decreasing block rates, TCEQ - 10218 (Rev. o6/14/2013) Page 8 of 9 2. Adoption of ordinances, plumbing codes, and/ rules requiring water conserving plumbing fixtures to be installed in new structures and existing structures undergoing substantial modification or addition; 3. A program for the replacement or retrofit of water -conserving plumbing fixtures in existing structures, 4. A program for reuse and/or recycling of wastewater and/or graywater; 5. A program for pressure control and/or reduction in the distribution system and/or for customer connections; 6. A program and/or ordinances) for landscape water management; �. A method for monitoring the effectiveness and efficiency of the water conservation plan; and 8. Any other water conservation practice, method, or technique which the water supplier shows to be appropriate for achieving the stated goal or goals of the water conservation plan. Best Management Practices The Texas Water Developmental Board's (TWDB) Report ,362 is the Water Conservation Best Management Practices (BMP) guide. The BMP Guide is a voluntary list of management practices that water users may implement in addition to the required components of Title 30, Texas Administrative Code, Chapter 288. The Best Management Practices Guide broken out by sector, including Agriculture, Commercial, and Institutional, Industrial, Municipal and Wholesale along with any new or revised BMP's can be found at the following link on the Texas Water Developments Board's website: http://www.twdb.state.tx.us/conservation/bmps/index.asp Individuals are entitled to request and review their personal information that the agency gathers on its forms. They may also have any errors in their information corrected. To review such information, contact 512-239-3282. TCEQ - iou8 (Rev. o6/i4/2o13) P1ge 9 of 9 M rn 0 0 0 0 0 0 0 0 0 0 0 0 0 0 F L O O o 0 � o U o a � u o G O u L E O U a 0 L d d O a 0 R > A ° gas tivdti �dvaOZf�� o O �O vi Ca Q ej o � 0 F 0 —Tm 0 O d 0 CC O O O O d R d s� 0 � qe cnF� � t0„ U ..E U bA �, O J UCL H T �••° w�¢� h ti d cia O 2 QC) d cC �" O u s, U R a 0 C R C7 O d O W O F' O R C d k O L ,� M Q (1 CITY OF NNA, TEXAS ORDINANCE NO. AN ORDINANCE OF THE CITY OF ANNA, TEXAS, AMENDING THE MIN IN CITY CODE OF ORDINANCES BY AMENDING PART 11, ARTICLE 8 (BUILDING REGULATIONS) SECTION 16 (LAWN AND LANDSCAPE IRRIGATION RESTRICTIONS); PROVIDING FOR A PENALTY FOR ANY VIOLATION OF THIS ORDINANCE NOT TO EXCEED $20009 PROVIDING FOR SAVINGS, SEVERABILITY, AND REPEALING CLAUSES; PROVIDING FOR AN EFFECTIVE DATE; AND PROVIDING FOR THE PUBLICATION OF THE CAPTION HEREOF. WHEREAS, the City of Anna, Texas (the "City"), recognizes that the amount of water available to its water customers is limited; and WHEREAS, the City recognizes that due to natural limitations, drought conditions, system failures and other acts of God which may occur, the City cannot guarantee an uninterrupted water supply for all purposes at all times; and WHEREAS, the Texas Water Code and the regulations of the Texas Commission on Environmental Quality (the "Commission") require that the City adopt a Water Conservation Plan; and WHEREAS, pursuant to Chapter 54 of the Local Government Code, the City is authorized to adopt such Ordinances necessary to preserve and conserve its water resources; and WHEREAS, as part of the Water Conservation Plan, the City is required to adopt landscape water management regulations that correspond to water management regulations adopted by the Greater Texoma Utility Authority and the North Texas Municipal Water District; and WHEREAS, the purpose of these proposed landscape water management regulations is to provide a consistent mechanism for preventing the waste of water resources. WHEREAS, the City of Anna, Texas City Council ("City Council") has previously adopted standards, requirements, and procedures for and otherwise governing Lawn and Landscape Irrigation Restrictions; NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ANNA, TEXAS, THAT: Section 1. Recitals Incorporated. The above -referenced recitals are incorporated herein as if set forth in full for all purposes. CITY OF ANNA, TEXAS ORDINANCE NO. Page 1 of 5 Section 2. Amendment. In accordance with Part II, Article 1, Section 9 of the Anna City Code of Ordinances; Part II, Article 8, Section 16 or the Anna City Code or Ordinances is hereby amended as follows: • 10 16.01 Lawn and Landscape Irrigation Restriction or recklesslv causes or allows the irrigation or watering ;f any lawn or landscape located on any property owned, leased, or managed by the person between - hours of 1 11 a.m. and • 11 p.m. fromApril 1 the peried from june 1 through September 30 of any year and between •.a.m. and 8:00 p.m. on any day dui:ing that peried. he owned, leased, or maRaged by ham with an automated irrigation syste4*i�, (b) Any person commits an offense if he knowingly or recklessly irrigates, waters, or causes or permits the irrigation or watering of a lawn or landscape located on premises owned, leased, or managed by the person in a manner that causes: -imp wrstream- such that a constant of water- • landscape onto a street or other drainage area; or (2) irrigating lawn or landscape ' during any form of precipitation or during freezing conditions Streets :and —sidewalks., This restriction applies to all forms of irrigation, including automatic sprinkler systems; or (3) the irrigation of impervious surfaces or other non-irriaated areas, wind driven water drift taken into consideration. (c) A person commits an offense if, on premises owned, leased, or managed by him, be operated a lawn or landscape irrigation device that: (1) has any broken or missing sprinkler head; or (2) has not been properly maintained in a manner that prevents the CITY OF ANNA, TEXAS ORDINANCE NO. Page 2 of 5 waste of water. (d) A person commits an offense if the person knowingly or recklessly allows the irrigation or watering of any lawn or landscape located on any property owned, leased, or managed by the person more than two days per week from April 1 through October 31 of any year. Additional watering of landscape may be provided by hand-held hose with shutoff nozzle, use of dedicated irrigation drip zones, and/or soaker hose provided no runoff occurs. (e) A person commits an offense if the person knowingly or recklessl�ws the irrigation or watering of any lawn or landscape located on any propertv owned leased or managed by the person more than one day per week beginning November 1 and ending March 31 of any year. Additional watering of landscape may be provided by hand-held hose with shutoff nozzle, use of dedicated irrigation drip zones, and/or soaker hose provided no runoff occurs 16.02 Rain and Freeze Sensing Controllers Devices and/or ET or Smart (a) Any new irrigation system installed within the City on or after May I, 2003, must be equipped with rain sensing devices and freeze gauges, and/or ET or Smart controllers in compliance with state design and installation regulations. Appreved as te Rumber and type by the Building OffiGial, (b) A person commits an offense if, on premises owned, leased, or managed by him, he (1) installs, or causes or permits the installation of, a new irrigation system in violation of section 16.02(a); (2) operates, or causes or permits the operation of, an irrigation system that does not comply with section 16.02(a). 16.03 Filling or Refilling of Ponds A_ person commits an offense if the person knowingly or recklessly fills or refills any natural or manmade pond located on any property owned, leased, or managed by the person by introducing any treated water to fill or refill the pond. This does not restrict the filling or maintenance of pond levels by the effect of natural water runoff or the introduction of well water into the pond. A pond is considered to be a still body of water with a surface area of 500 square feet or more. 16.04 Washing of Vehicles A person commits an offense if the person knowingly or recklessly washes a CITY OF ANNA, TEXAS ORDINANCE NO. Page 3 of 5 vehicle without using a water hose with a shut-off nozzle on any property owned, leased, or managed by the person. 16.05 Overseeding A person commits an offense if the person knowingly or recklessly overseeds a lawn with rye or winter grass on property that the person owns, leases, or manages. Golf courses and public athletic fields are exempt from this restriction. 16.06� Variances The City Manager or his designee Building OffiGial may, in special cases, grant variances from the provisions of this Section 16 19-02(a) to persons demonstrating extreme hardship and need. The Building OffiGial may gFant Variances may be granted under all # the following circumstances and conditions: (a) The applicant must sign a compliance agreement on forms provided by the City Building OffiGial, and approved by the City Attorney, agreeing to irrigate or water a lawn or landscape only in the amount and manner permitted by the variance; and (b) Granting of a variance must not cause an immediate significant reduction in the City's water supply; and (c) The extreme hardship or need requiring the variance must relate to the health, safety, or welfare of the person requesting it; and (d) The health, safety, and welfare of other persons must not be adversely affected by granting the variance. 16.07 Revocation of Variances The City Manager or his designee R�'^'�„^ ^ff�^��' may revoke a variance granted when he or she the dires#sr determines that: (a) the conditions of section 16.06 �2 are not being met or are no longer applicable; (b) The terms of the compliance agreement are being violated; or (c) The health, safety, or welfare of other persons requires revocation. 16.08 Penalty Any person, firm, corporation or business entity violating this section shall be deemed guilty of a misdemeanor, and upon conviction thereof shall be fined any sum not exceeding $2,000, unless otherwise specifically set forth in this Code. Each continuing day's violation under this section shall constitute a CITY OF ANNA, TEXAS ORDINANCE NO. Page 4 of 5 separate offense. The penal provisions imposed under this section shall not preclude the City of Anna from filing suit to enjoin the violation. The City of Anna retains all legal rights and remedies available to it pursuant to local, state and federal law. Section 4. Savings, Severability and Repealing Clauses. All ordinances of the City in conflict with the provisions of this ordinance are repealed to the extent of that conflict. If any provision of this ordinance shall be held to be invalid or unconstitutional, the remainder of such ordinance shall continue in full force and effect the same as if such invalid or unconstitutional provision had never been a part hereof. The City declares that it would have passed this ordinance, and each section, subsection, clause, or phrase thereof irrespective of the fact that any one or more sections, subsections, sentences, clauses, and phrases be declared unconstitutional or invalid. Section 5. Publication of the Caption Hereof and Effective Date. This ordinance shall be in full force and effective from and after its passage and upon the posting and/or publication, if required by law, of its caption and the City Secretary is hereby directed to implement such posting and/or publication. PASSED by the City Council of the City of Anna, Texas, this 10t" day of June, 2014. ATTESTED: City Secretary, Natha Wilkison Mayor, Mike Crist CITY OF ANNA, TEXAS ORDINANCE NO. Page 5 of 5 LETTER TO REGION C WATER PLANNING GROUP APPENDIX F LETTER TO REGION C WATER PLANNING GROUP Date Region C Water Planning Group North Texas Municipal Water District P.O. Box 2408 Wylie, TX 75098 Dear Sir: Enclosed please find a C Water Planning Group Texas Commission on Sincerely, copy of the recently updated Water Conservation Plan for I am submitting a copy of this plan to the Region in accordance with the Texas Water Development Board and Environmental Quality rules. The Board/Council of the adopted the updated plan on _, 20_. F-1 CITY OF ANNA, TEXAS ORDINANCE NO. AN ORDINANCE ADOPTING A ANNA, TEXAS TO PROMOTE FOR PENALTIES AND/OR TI IE WHEREAS, the City of Anna, Texas (the "City"), recognizes that the amount of water available to its water customers is limited: and WHEREAS, the City recognizes that due to natural limitations, drought conditions, system failures and other acts of God which may occur, the City cannot guarantee an uninterrupted water supply for all purposes at all times; and WHEREAS, the Texas Water Code and the regulations of the Texas Commission on Environmental Quality (the "Commission") require that the City adopt a Water Conservation Plan; and WHEREAS, the City has determined an urgent need in the best interest of the public to adopt a Water Conservation Plan; and WHEREAS, pursuant to Chapter 54 of the Local Government Code, the City is authorized to adopt such Ordinances necessary to preserve and conserve its water resources; and WHEREAS, the City Council of the City of Anna, Texas (the "City Council") desires to adUpt the Water Conservation Plan as official City policy for the conservation of water. NOW THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ANNA THAT1 Section 1. The City Council hereby approves and adopts the Water Conservation Plan (the "Plan"), attached hereto as Addendum A, as if recited verbatim herein. The City commits to implement the requirements and procedures set forth in the adopted Plan. Section 2. Any customer, defined pursuant to 30 Tex. Admin. Code Chapter 291, failing to comply with the provisions of the Plan shall be subject to a fine of up to two thousand dollars ($2,000.00) and/or discontinuance of water service by the City. Proof A a culpable mental state is not required for a conviction of an offense under this section. Each day a customer fails to comply with the Plan is a separate violation. The City's authority to seek injunctive or other civil relief available under the law is not limited by this section. Section 3. The City Council does hereby find and declare that sufficient written notice of the date, hour, place and subject of the meeting adopting this Ordinance was posted at a designated place convenient to the public for the time required by law preceding the meeting, that such place of posting was readily accessible at all times to the general public, and that all of the foregoing was done as required by law at all times during which this Ordinance and the subject matter thereof has been discussed, considered and formally acted upon. The City Council further ratifies, approves and confirms such written notice and the posting thereof. Section 4. All ordinances of the City in conflict with the provisions of this ordinance are repealed to the extent of that conflict. If any section, subsection, sentence, clause, or phrase of this ordinance, or its application to a particular set of persons or circumstances, is declared invalid or adjudged unconstitutional by a court of competent jurisdiction, it does not affect the remaining portions of this ordinance, as the various portions and provisions of this ordinance are severable. The City Council, declares that it would have passed each and every part of this ordinance notwithstanding the omission of any part that is declared invalid or unconstitutional. Section 5. The City Manager or his designee is hereby directed to file a copy of the Plan and this Ordinance with the Commission in accordance with Title 30, Chapter 288 of the Texas Administrative Code, Section 6. The City Secretary is hereby authorized and directed to cause publication of the descriptive caption of this ordinance as an alternative method of publication provided by law. Section 7. This ordinance shall become effective after its passage and upon the posting and/or publication, if required by law. PASSED by the City Council of the City of Anna, Texas, on this the 10t" day of June, 2014. ATTEST: APPROVED: Natha Wilkison, City Secretary Mike Crist, Mayor ILLEGAL WATER CONNECTIONS AND THEFT OF WATER Ordinances pertaining to illegal water connections and theft of water are located in Part II, Article 49, Sections 1 & 2 of the Anna City Code of Ordinances. (4) PC or LAN--$1.00 per clock our, (f) Miscellaneous supplies. The Actual Cost of miscellaneous supplies, such as labels, boxes, and other supplies used to produce the requested information, may be added to the total charge for public information. (g) Postal and shipping charges. The City may add any related postal or shipping expenses that are necessary to transmit the reproduced information to the requesting party. (h) Miscellaneous charges. If the City accepts payment by credit card for copies of public information and is charged a "transaction fee" by the credit card company, the City may recover that fee from the Requestor. Section 8. Requirements for Submitting a Public Information Request (a) In order to be considered valid and treated as a Public Information Request, a request must: (1) be addressed conspicuously to attention of and delivered only to the Officer for Public Information at a mailing address, physical address, email address, or facsimile number provided by the Officer for Public Information; (2) be in writing, state that it is a request for public information, and state the requestor's name, mailing address, telephone number, and all additional information necessary to allow a response to be sent to a particular place or address; and (3) include a description of the information requested that is sufficiently specific to enable the City to accurately identify and locate any information that may be responsive to the request. (b) A Public Information Request may be delivered by hand, mail, facsimile, email or private courier or commercial service. (c) Any email or facsimile submission addressed or delivered to any person other than the Officer for Public Information shall not be considered a Public Information Request. (Ord. No. 463-2009, adopted 09/08/09) (Ord. No. 489-2010, adopted 3/0912010) Section 9. Implementation The Officer for Public Information, or a person designated by the Officer for Public Information, shall implement, the provisions of this article. (Ord. No. 463-2009, adopted 09/08/09) Section 10. Judicial Records Not Covered Under This Article Judicial Records are not covered by the Public Information Act or the Public Information regulations enacted by the City. Judicial Records shall not be disclosed in response to a request for public information. A public information request for judicial records shall be returned to the requestor. A request for Judicial Records may be sent to the municipal court that maintains such record and such requests be governed by the regulations adopted by such court. (Ord. No. 489-2010, adopted 03/09/2010) Article 49 PUBLIC WORKS Section 1. In General 1.01 Definition For the purpose of this Article the word Utility shall be construed to mean and include water, sanitary sewer, garbage and refuse collection and/or any other Utility service furnished by the City or its duly authorized contractors to consumers thereof. The word Customer shall be construed to mean and include a Person that has a Utility account with the City. The word Consumer shall be construed to mean and include any Person that may consume or otherwise utilize a utility service provided by the City. The word Person shall be construed to mean and include any individual and also includes any corporation, organization, government or governmental subdivision or agency, business trust, estate, trust, partnership association, or other legal entity. (Ord. No. 476-2009, adopted 11-10-09) 1.02 Scope of Provisions All pertinent provisions of this Article are hereby made part of the terms and conditions whereby the City furnishes any Utility service to any Person, or whereby the City makes any Utility connections, or performs any work of any kind in connection with the furnishing of any Utility service pursuant to the rules and regulations of the City Council. Persons who apply for, who have received, or who are receiving Utility services from the City are deemed to have fully read and understood all applicable City ordinances including but not limited to this Article and Article 7 of Anna Code, Part IV Schedule of Fees, all as amended, and agree to abide by all of the regulations conditions and obligations set forth in said Articles. (Ord. No. 476-2009, adopted 1140-09) 1.03 Service to Comply with Technical Provisions Any Utility service furnished under the provisions of this Article shalI be in accordance with and in compliance with all applicable technical provisions of this Article, other City Ordinances, adopted City Codes, other rules and regulations, State and Federal Law, 1.04 Rules, Regulations The Public Works Director shall have the authority to establish by rule or regulation such standards and specifications as may be deemed necessary for the installation, construction and maintenance of any Utility service system owned and operated by the City within or without the City and under the management of the City Council. Such rules, regulations, standards and specifications shall be approved and adopted by the City Council and filed in the office of the City Secretary. Violation of such rules, regulations, standards and specifications shall be deemed a misdemeanor. (Ord. No. 476-2009, adopted 11-10-09) 1.05 Enforcement Except where other arrangements are specifically provided, it shalI be the duty of the Public Works Director or his authorized agent to enforce the provisions of this Article or any rule or regulation relating to Utility services. This Article does not prevent law enforcement officers or code enforcement officers from enforcing provisions of this Article. PART 11 THE ANNA CITY CODE OF ORDINANCES —current through 02/12/2013 PAGE 96 No. 476-2009, adopted 11-10-09) 1.06 Inspection In order to protect the Utility service supply, the City will not make any water or sewer taps until the premises involved has been inspected and approved by the Public Works Director or Building Official/Inspector. 1.07 Right of Entry Any authorized inspector of the City or authorized public works employee shall have free access at any reasonable time to all premises supplied with any Utility service by the City for the purpose of examination in order to protect the Utility services. 1.08 Termination of Service Authorized (a) The City shall have the right to disconnect or refuse to connect or reconnect any Utility service for any lawful reason, including but not limited to: (1) failure to meet the applicable provisions of law; (2) violation of the rules and regulations pertaining to Utility service; (3) nonpayment of bills; (4) willful or negligent waste of service due to improper or imperfect pipes, yard lines, clean outs, fixtures, appliances or otherwise; (5) molesting any meter, seal or other equipment controlling or regulating the supplies of Utility services; (6) theft or diversion and/or use of service without payment therefore; (7) refusal to allow inspection of property provided with Utility services; (8) vacancy of premises. (b) Affected Customers will be notified of pending termination of services in accordance with the provisions of this Article. It is the policy of the City to provide Customers with notice and a meaningful opportunity to be heard on disputed issues regarding nonpayment or insufficient payment before termination of services. Any Customer disputing the correctness of a bill for services has a right to a hearing at which time the Customer may be represented in person and by legal counsel or any other Person of the Customer's choosing and may present orally or in writing such complaint and contentions to the Public Works Director. The Public Works Director shall have the authority to make a final determination of the Customer's complaint. (c) Emergency termination of services by the City may occur without notice or hearing in instances where it is apparent that such termination of services is necessary to avoid imminent harm to Persons or property. In such event, notice and an opportunity for hearing will be provided as soon practicable after such termination. (Ord. No. 476-2009, adopted 11-10-09) 1.09 Liability of City for Damage The City shall not be liable for any damage to any Person of any Utility service furnished by the City due to back -flow of the sewage system, failure of supply, interruption of service or any other cause outside the direct control of the City. This provision is not intended to and does not in any way waive the City's governmental immunity from suit or liability. No. 476-2009, adopted 11-10 09) 1.10 Utility Service -Application Required Any Person desiring any Utility service to be furnished to a premises by the City shall submit a written application on City - supplied forms to the Public Works Director or the Utility Department of the City. Such application shall contain the applicant's name, address, and other information as required by the City. The Person applying for Utility service must also supply sufficient documentation to establish the true identity of the applicant. The application must state the uses for which such Utility service is desired. Should any Person move into any premises supplied with Utility service, without making an application in the manner provided for by the City, such Person shall become responsible to pay for all unpaid usage fees, late fees, fines and interest related to Utility usage at said premises. The failure to pay said unpaid amounts in full within 15 days of delivery of notice of same shall be cause for disconnecting such service until the amount due is paid. (Ord. No. 476-2009, adopted 11-1(1-09) 1.11 Utility Service -False Statements in Application (a) If any Person shall make false statements in the application for Utility services, he shall be deemed guilty of a Class C misdemeanor. (b) Any Customer who discontinues his place of business or moves from his residence and leaves a bill for Utility services due the City and makes application for service at some other address, either under his own name or under a different name, without stating to the City the old address and name under which Utility services were used at the address where there is a bill due, shall be deemed guilty of a Class C misdemeanor. (Ord. No. 476-2009, adopted 11-10-09) 1.12 Utility Service - Not Available to Debtors The City may decline or fail or cease to furnish Utility service to any Person who may be in debt to the City for any Utility service provided by the City or contracted by the City. 1.13 Utility Service -Permit Approval of the application for any Utility service by the Public Works Director shall be deemed permission for such service. 1.14 Utility Service -Use Assumed Ali premises connected to any Utility service of the City shall be assumed to be using such Utility service and the owner or occupant shall be charged so long as such premises shall remain connected with the Utility service. (Ord. No. 112-2003, adopted 11/12/2003) 1.15 Returned Checks A return -check charge will be assessed to any Person who issues a check to the City that is returned to the City or not honored by the financial institution on which it is drawn for any reason. This charge may be assessed against the Utility account to which the attempted payment was made. The PART 11 THE ANNA CITY CODE OF ORDINANCES —current through 02/12/2013 PAGE 97 amount of the return -check charge shall be as set forth in Anna Code, Part IV, Schedule of Fees, Article 7, Section 12. (Ord. No. 476-2009, adopted 11-10-09) 1.16 Not to Use Contrary To Permit Any Person having a permit from the City for the use of any Utility service offered by the City who shall use such Utility service for any purpose other than mentioned in such permit or who shall make any unauthorized changes in such service shall be deemed guilty of a Class C misdemeanor. (Ord. No. 476-2009, adopted 11-10-09) 1.17 Tampering, Damage, Trespass of Equipment It shall be unlawful for any Person, not having authority to do so, to open any water hydrant or tamper with any Utility services furnished by the City, or to in any other way molest, damage, or trespass upon any equipment or premises belonging to the City connected with any Utility service. (Ord. No. 476-2009, adopted 11-10-09) 1.18 Temporary Interruption of Service The City reserves the right to cut off any Utility service without notice in case of emergencies. When an interruption in utility service is necessary for the maintenance and improvement of the Utility system, affected Customers will be notified as circumstances permit. (Ord. No. 476-2009, adopted 1140-09) 1.19 Restricting Use The City hereby reserves the right to at any time restrict or prevent the use of any Utility service furnished by the City during periods of emergency or circumstances demanding such restriction or prevention of use. 1.20 Resale of Service It shall be unlawful for any Person to resell to others any Utility service provided by or obtained from the City unless by special arrangement with the City Council. (Ord. No. 476-2009, adopted 1140-09) 1.21 Connection to Service Connections for any Utility service furnished by the City shall be made only under the supervision of the City Council, 1.22 Separate Connections Every building, structure or Customer in the City shall have a separate Utility service connection. Accessory use buildings on a residential lot do not require a separate meter if not occupied or used for commercial purposes. (Ord. No. 476-2009, adopted 1140-09) 1.23 Unlawful Use No Person, other than employees of the City, shall be authorized to connect, turn on, turn off or disconnect any Utility service offered by the City, or remove, replace or repair any City equipment connected to any such Utility service. No Person shall tamper with, alter, change, bypass, divert, or connect to any water or sewer mains or service lines owned by the City without first obtaining permission or consent of the City. Any Person violating provisions of this Article shall be deemed guilty of a Class C misdemeanor. No. 476-2009, adopted 11-10-09) 1.24 Maintenance of System by Customer (a) The consumer of any Utility service furnished by the City shall maintain and keep in good repair all connections, yard lines, clean outs, appliances and other apparatus installed and used in connection with such Utility service. (b) Failure to maintain and keep in good repair all connections, yard lines, clean outs, appliances and other apparatus used in connection with the Utility service is a violation of this Article and grounds for discontinuation of all Utility services to the Customer. (Ord. No. 476-2009, adopted 11-10-09) 1.25 Services Outside City Limits Not Required The City is not required to furnish Utility services to Persons beyond the City corporate limits, or to continue to supply such Utility service once begun. The City reserves the right to provide Utility services to such Persons it deems advisable and to, at any time, wholly or partially, discontinue such Utility services to any Persons located outside the corporate limits of the City. (Ord. No. 112-2003, adopted 11/12/2003) (Ord. No. 476-2009, adopted 11-10-09) 1.26 Adoption of North Central Texas Standard Specifications for Public Works Construction (a) The Standard Specifications for Public Works Construction, Fourth Edition as adopted and published by the North Central Texas Council of Governments, a copy of which is on file in the office of the City Secretary, is hereby adopted by reference and designated as the Standard Specifications of the City of Anna, the same as though such specifications were copied at length herein. (b) The Standard Specifications for Public Works Construction as adopted is amended by the City of Anna Addendum to the North Central Texas Council of Governments Standard Specifications for Public Works Construction, a copy of which amendments are on file in the office of the City Secretary, such amendments being hereby adopted by reference and designated as the Standard Specifications of the City of Anna, the same as though such specifications were copied at length herein. (c) The City of Anna Construction General Notes is hereby adopted and incorporated herein as if set forth in full; a copy thereof is available in its entirety at the office of the City Secretary at the City of Anna during regular business hours. (Ord. No. 62-2003, adopted 3/11/2003)(Ord. No. 476-2009, adopted 11-10-09) 1.27 Penalties for Violations A violation by any Person of any provision of this Article is a Class C misdemeanor, and the offender, upon conviction thereof shall be fined any sum not exceeding the lesser amount of $2,000 or the maximum amount allowed by applicable law. Each continuing day of such violation shall constitute a separate offense. The penal provisions imposed under this Article shall not preclude the City of Anna from filing suit to enjoin the violation. The City of Anna retains all legal righIs and remedies available to it pursuant to local, state and federal law and all available equitable remedies. PART II THE ANNA CITY CODE OF ORDINANCES —current through 02/12/2013 PAGE 98 No. 476-2009, adopted 11-10-09) Section 2. Water Utilities 2.01 General Regulations (a) The City is not required to furnish water of any special or specific analysis or in any special or specified amount but only undertakes to furnish such water and amount of water that may be supplied from such sources as the City may select and in an amount within the capacity of the City's pumping plants and storage facilities. (b) If an accident impedes the City's ability to supply water to its Customers or to the municipality for the prevention or suppression of fire, the City will not be liable for damages by reason of any such failure to any Customer of the water system or to any Person or Persons whose property may have been destroyed by fire or otherwise damaged. (Ord. No. 476-2009, adopted 11-10-09) 2.02 Out of City Water Service If any Person located outside the City limits desires City water service and pays all expenses incurred in extending the water mains necessary to properly connect to the City's water system and secures all necessary easements and dedicates same to the City perpetually, so that the City incurs no expense in such connection, and the City elects to provide water service to such Person, and provided further that all mains, lines, and associated appurtenances installed meet the requirements and approval of the Public Works Director based on requirements or criteria set forth by City ordinance or other City regulations, then such Person shall be furnished water at the rate set forth in Anna Code Part IV, Schedule of Fees, Article 7, Section 8(c) or (d) as applicable. Water utility -line extensions for water service outside of City limits shall be governed by Anna Code Part ll, Article 49, Section 5. (Ord. No. 476-2009, adopted 11-10-09) 2.03 Waste of Water It shall be unlawful for any Person to willfully and unreasonably waste water and in cases of willful or unreasonable waste of water that creates a clear and present threat to the City's water supply or to persons or property, the City shall have the right to take emergency action to halt such waste, including but not limited to stopping the flow of water and shall further have the right to recover all damages. Such action of stopping the flow of water may be taken by the Public Works Director at any time when such clear and present threat exists, and such threat cannot be addressed by other less restrictive measures. In the event of such action by the Director of Public Works, the affected Customer will be provided with notice and an opportunity to be heard under the rules that would otherwise apply under this Article for pre -termination hearings. (Ord. No. 476-2009, adopted 11-10-09) 2.04 Regulations Affecting Connections to System All connections to the City waterworks system within the corporate limits shall be made in the following manner: (a) It shall be the policy of the City to supply water to its Customers through mains owned or controlled by the City and which shall be located in the streets, between the curbs and sidewalk lines, or in alleys adjacent to property being served, or on easements controlled or owned by the City. The water meter will be placed at the edge of the Customer's property nearest to the City water main or where approved by the Public Works Director and the Customer shall be responsible for the maintenance of the service line and all other plumbing, materials and equipment through which water flows starting at the point where the water leaves the City meter. Any service line that crosses private property not owned by the property owner requesting water service must be located in an easement acquired by the property owner and said easement must be filed at the property owner's expense in the deed records of the county where the easement is located and Anna City Hall. (b) the City may assess the estimated cost of breaking and replacing pavement necessary to make such connections, in addition to the regular service connection fee and minimum system connection fee, such assessment to be paid with such service fee and system fee, and the difference between assessment and actual cost of such breaking and replacing shall be billed or refunded to the Customer when such work has been completed. (c) in addition to the above charges, the City may assess the estimated cost of boring under or crossing over any street or highway in furnishing water services. (d) all lines constructed on the City side of the meter and meters installed under the provisions of this section shall be the property of the City and the City shall have full control and jurisdiction over such lines and meters. (Ord. No. 2003412, adopted 1111212003) (Ord. No. 476-2009, adopted 11-10-09) 2.05 Meters Generally Meters for the measurement of utility services shall be furnished and installed by and shall remain the property of the City. All Customers shall be responsible for any damages to their water meter(s) and/or connections, any equipment used to lock the meter on or off, any water stops and meter boxes. All Customers shall be required to pay to the City the actual expense for necessary repair to same before the utility service is reconnected. (Ord. No. 476-2009, adopted 11-10-09) 2.06 Rereading Meters Any municipal utility meter shall be reread upon complaint of the Customer and when the meter is found to have been correctly read originally, the complaining Customer shall pay a fee in the amount set forth in Anna Code, Part IV, Article 7, Section 7. Any municipal water meter shall be taken out and tested upon request of the Customer and if, upon test, the meter is not within 3% of being accurate, it shall be repaired or replaced and the water bill adjusted appropriately up to a maximum of three months. If upon test the meter is found to be within 3% of accuracy the Customer shall pay a fee of in the amount set forth in Anna Code Part IV, Article 7, Section 7. (Ord. No. 112-2003, adopted 11/12/2003) (Ord. No. 476-2009, adopted 1140-09) 2.07 Installation, Use and Moving of Meters (a) Meter Installation and Removal The City will set a meter at the premises of each Customer who has made the required deposit for the registration of water used by such Customer, one meter per household. The City will supply water only through its own meter and PART 11 THE ANNA CITY CODE OF ORDINANCES —current through 02/12/2013 PAGE 99 must be noed when the Customer desires to have water service or to have a meter relocated or removed. (Ord. No. 98-14, adopted 10/27/1998) (Ord. No. 476-2009, adopted 11-10-09) 2.08 Reserved (Ord. No. 476-2009, adopted 11-10-09) 2.09 Bypassing Meters No Person shall interfere with or bypass the City's meter in such a manner as to obtain water without the full amount thereof being registered on such meter. Service shall be permanently disconnected from any account where a bypass or other such device is discovered. Such account shall be reconnected only at the discretion of the City and only after payment for water used, as estimated by the City, at twice the rate otherwise applicable plus the cost of rerouting and repairing the service to register water used properly on the meter. 2.10 Access to Meter If easy access to a meter is obstructed by a Customer or if entrance to the premises is made dangerous for whatever reason, thereby preventing a meter reader from obtaining a meter reading, the charges may be estimated for the amount not to exceed double the normal charge. If the Customer does not remedy the condition or should the Customer refuse to pay the estimated bill, the City shall have the right to discontinue water service without further notice and service shall not be resumed until the obstructive and/or dangerous conditions have been remedied and all charges for water service paid. Water meters located on private property may be moved to public right of way and the Customer shall install the service line to connect to the new meter at the Customer's expense. (Ord. No. 476-2009, adopted 11-10-09) 2.11 Secondary Taps and Dual Connections Prohibited No Customer of the water system shall permit any Person to tap any water pipe leading into his premises without the consent of the City Council. Dual connections to (more than one user on a single meter) shall be prohibited. Owners or occupants of premises having service pipes and connections will be held strictly responsible for all uses of water from such service by other parties. (Ord. No. 112-2003, adopted 11/12/2003) (Ord. No. 476-2009, adopted 11-10-09) 2.12 Fire hydrant use restricted Every hydrant placed for the purpose of extinguishing fires is hereby declared to be a public hydrant and no Person, other than members of the fire department, the State Department of Health, and those authorized by the Public Works Director shall open any such hydrant or draw or attempt to draw water from same or in any manner interfere with said hydrants unless they have a valid permit from the Public Works Director, make the appropriate deposit to the City, and a water meter is used to determine the amount of water used. (Ord. No. 112-2003, adopted 11/12/2003) (Ord. No. 476-2009, adopted 11-10-09) 2.13 Tampering with Fire Hydrants Prohibited It is unlawful to turn on or otherwise tamper with any City fire hydrant except for the purpose of extinguishing a fire. No. 98 14, adopted 10/27/1998) 2.14 Fire Hydrant Meter Deposit A Customer desiring to use a fire hydrant meter shall pay a deposit to the City of Anna at the time of application for connection as security for payment of bills for water service and/or damage to and/or loss of City facilities. The deposit shall be retained by the City until the Customer is disconnected from the City's facilities and has returned the fire hydrant meter undamaged. The amount of the deposit shall be as shown in Anna Code, Part IV, Schedule of Fees, Article 7, Section 4. (Ord. No. 52-2003, adopted 1/28/2003) (Ord. No. 476-2009, adopted 1140-09) 2.15 Unlawful Connections (a) If water from the City water supply system or water from a certificated water supply corporation is available within 200 feet of the property line on which a privately owned water Well within the City limits of Anna is located, such privately owned water well may be used for irrigation or farming purposes only. (b) No water connection from the City water supply system shall be made to any other water system over which the City of Anna has no control. The City shall have the right to inspect individual water facilities prior to providing service and periodically thereafter to prevent possible cross -connections between the water system of the City of Anna and any other water system. Upon discovery by the City of a cross -connection, the City shall give notice to the owner or agent maintaining such condition, and such owner or agent shall immediately make such corrections as are necessary to eliminate the condition complained of. The City reserves the right to suspend utility service if the owner or agent fails to make such corrections. (Ord. No. 476-2009, adopted 11-10-09) 2.16 Prohibiting Potential Pollution of Public Water Supply Wells (a) Within 50 feet of a public water supply well owned by the City, there shall not be placed, installed or established by any Person: (1) a tile or concrete sanitary sewer; (2) sewerage appurtenances; (3) septic tank; (4) Storm Sewer; (5) cemetery; (6) livestock in pastures; or, (7) sanitary or Storm Sewers not constructed of ductile iron or PVC pipe meeting AWWA standards, not having a minimum working pressure of 150 psi or greater, and not equipped with pressure type joints. (b) Within 150 feet of a public water supply well owned by the City, there shall not be placed, installed, or established by any Person: (1) a septic tank perforated drainfleld; (2) areas irrigated by low dosage sewage disposal systems; (3) low angle spray on -site sewage facilities; PART 11 THE ANNA CITY CODE OF ORDINANCES —current through 02/12/2013 PAGE 100 (4) absorption bed; (5) evapotranspiration bed; (6) improperly constructed water well; (7) underground petroleum storage tank; (8) underground chemical storage tank; or, (9) petroleum or chemical liquid transmission pipeline. (c) Within 300 feet of a public water supply well owned by the City, there shall not be placed, installed, or established by any Person: (1) a sewage wet well; (2) a sewage pumping station; or, (3) a drainage ditch that contains Industrial Waste discharges or the Wastes from sewage treatment systems. (d) Within 500 feet of a public water supply well owned by the City, there shall not be placed, installed, or established by any Person: (1) a sewage treatment plant; (2) animal feed lot; (3) solid waste disposal site; (4) lands on which sewage plant of septic tank sludge is applied; or, (5) lands irrigated by sewage treatment plant effluent. (Ord. No.229-2005, adopted 10/11/2005) (Ord. No. 476-2009, adopted 11-10-09) 2.17 Well Drilling (a) Permit Required No Person shall drill a well for water within the City limits without having first obtained a permit from the City Secretary as approved by the City Council. (b) An application for permit shall be filed with the City Secretary and shall contain the following Information: (1) name of owner of the premises; (2) type of pump to be used; (3) what buildings, if any, are to be constructed; (4) cost of the proposed improvements; and (5) a scaled plat of the premises, which shall show: (i) the exact location of the proposed well; (ii) the courses of all water lines to be operated for such supply; and (iii) the location of all lines carrying water from the municipal water system. (c) A permit fee shall accompany each application and surety bond issued by a corporate surety indemnifying the City from any and all liability resulting from the construction and use of said water well as filed and shown in Anna Code, Part IV, Schedule of Fees, Article 7, Section 13. (d) Issuance of Permit to be Determined by Building Inspector. If the building inspector determines that the application and the proposed well complies with this Code and all applicable City regulations, he shall recommend the issuance of a permit. (Ord. No. 476-2009, adopted 11- 10-09) 2.18 Private Lines (a) Private lines not to be connected to public lines. Water lines connected to a private source of supply shall not be installed to connect with water lines supplying water from municipal water systems. (b) All private lines shall be inspected before covered. Water lines connected to a private source of supply shall not be covered or concealed until the same shall have been inspected and accepted by the City Inspector. (Ord. No. 1998-14, adopted 10/27/19981 (Ord. No. 476-2009, adopted 11-10-09) Section 3. Sewer Utilities 3.01 Definitions The sanitary sewer system of the City consists of main and lateral conduits of salt glazed vitrified earthenware, polyvinylchloride (PVC) plastic, concrete, or other similar pipe, with necessary accessories, and is designed to transport liquid waste materials. The sewers in the alleys or streets adjacent to the various lots are called main or lateral sewers. The sewers leading from the main or lateral sewers to the property on each side are called house sewers (service lines). 3.02 Sewer Service Required; Exceptions (a) It shall be unlawful for the owner or occupant of any building or premises within the City to inhabit, use, or permit anyone else to inhabit or use, said building or premises unless said building or premises is connected with the sanitary sewer system of the City or a septic tank system built according to the specifications of the Texas Commission on Environmental Quality and the City. (b) It shall be unlawful for any Person to install or use a septic tanI for private waste disposal within the City limits, except when the structure to be served is more than 150 feet from a Public Sewer main line, that is reasonably accessible, and approval to use a septic tank is specifically granted by the City Council. (c) The owner of any property containing a structure used for human occupancy, employment, recreation, or other purpose in which human waste is generated shall be required to connect to the City sanitary sewer system if a Public Sewer is available and reasonably accessible within 150 feet of such structure. (Ord. No. 476-2009, adopted 1140-09) 3.03 Service Connections (a) After paying all required fees, the property owner shall install a sanitary sewer service line at his expense to the City's lateral, in accordance with regulations and subject to the inspection of the City; he shall thereafter maintain the service line to and including the tap (or the "y"). Any new or rebuilt service line that crosses private property not owned by the property owner requesting sewer service, must be located in an easement acquired by the property owner and said easement must be filed at the property owners expense in the deed records of the county were the easement is located and at Anna City Hall. The sanitary sewer service line from the building to the lateral PART 11 THE ANNA CITY CODE OF ORDINANCES —current through 02/12/2013 PAGE 101 APPENDIX J TCEQ WATER CONSERVATION IMPLEMENTATION REPORT Texas Commission on Environmental Quality Water Conservation Implementation Report TXEG Public Water Supplier This five year report must be completed by entities that are required to submit a water conservation plan to the TCEQ in accordance with Title 30 Texas Administrative Code, Chapter 288. Please complete this report and submit it to the TCEQ. If you need assistance in completing this form, please contact the Resource Protection Team in the Water Availability Division at (512) 239-4691. Name of Entity: Public Water Supply Identification Number (PWS ID):Click here to enter text. CCN numbers: Click here to enter text. Water Right Permit numbers: Click here to enter text. Wastewater ID numbers: Clicic here to enter text. Check all that apply: ❑ Retail Public Water Supplier ❑ Wholesale Public Water Supplier Address: Clicic here to enter text. text. Email: Clicic herC to enter• text City: Click herC to enter text. Zip Code: Click here to enter Telephone Number: Clicic here to enter text. Regional Water Planning Group: Click herC to enter text.Mab Groundwater Conservation District: Click here to enter text.Map Form Completed By: Clicic here to enter text. Title: Clicic here to enter text. Signature: Date: Clicic here to enter a date. Contact information for the person or department responsible for implementing the water conservation plan: Name: Click here to enter text. Phone: Click here to enter text. Email: Clicic here to enter text. Report Completed on Date: Click here to enter a date. Reporting Period (check only one): ❑ Fiscal Period Begin:Click here to enter a crate. Period End: Click herC to enter �i date. TCEQ-20646 rev. (09-18-2013) Page 1 of i 1 ❑ Calendar Period Begin:Chck here to enter a date. Period End: Click here to enter a date. Please check all of the following that apply to your entity: ❑ A surface water right holder of 1,000 acre-feet/year or more for non -irrigation uses ❑ A surface water right holder of 10,000 acre-feet/year or more for irrigation uses *Important* If your entity meets the following description, please skip page 3, and go directly to page 4. Your entity is a Wholesale Public Water Supplier that ONLY provides wholesale water services for public consumption. For example, you only provide wholesale water to other municipalities or water districts. TCEQ-20646 rev. (09-18-2013) Page 2 of i 1 Reta11 Water Sold: Ail retail water sold for public use and human consumption. Ilelpfrrl dints: There are two options available for you to provide the requested information. Both options ask the same information; however, the level of detail and break down of information differs between the two options. Please select just one option that works best for your entity and till in the fields as completely as possible. Fields,that are gray are entered by the user. Select fields that are white and press F9 to updated fields. For the five-year reporting period, enter the gallons of RETAIL water sold in each major water use category. Use only one of the following options. I. [SF Res +MF Res =Residential Use] 2. [Res +Ind +Com +Ins =Retail Water Sold] Option 2 Water Use Catego Y Gallons Sold Residential Select all of the sectors that your account for as "Residential". El Single Family ❑ Multi -Family Commercial Please select all of the sectors that your account for as "Commercial". ElCommercial ❑ Multi -Family ElIndustrial ElInstitutional Industrial Please select all of the sectors that your account for as "Industrial". ❑Industrial ElCommercial ElInstitutional Other Please select all of the sectors that your account for as "Other". ❑Commercial ❑Multi -Family ElIndustrial ❑ Institutional TOTAL Retail Water Sold' 0.00 I. [Res +Com And +Other =Retail Water Sold] TCEQ-20646 rev. (09-18-2013) Page 3 of 1 1 Wholesale Water Exported: Wholesale water sold or transferred out of the distribution system. For the five-year reporting period, enter the gallons of WHOLESALE water exported to each major water use category. Water Use CategoryX Gallons of Exported Wholesale Water Munici al Customers Agricultural Customers Industrial Customers Commercial Customers Institutional Customers TOTAL Wholesale Water Exported r 0000 [Mun +Agr+Ind +Com +Ins =Wholesale Water Exported] TCEQ-20646 rev. (09-18-2013) Page 4 of 11 Fields that are gray are entered by the user. Vstem Data Select fields that are white and hit Fg to updated fields. Total Gallons During the Five -Year Reporting Period Water Produced: Volume produced from own sources Wholesale Water Imported : Purchased wholesale water imported from other sources into the distribution system Wholesale Water Exported: Wholesale water sold or transferred out of the distribution system (Insert Total Volume calculated on Page 4) TOTAL System Input : Total water supplied 0.00 to the infrastructure [Produced + Imported — Exported = System Input] Retail Water Sold : All retail water sold for public use and human consumption (Insert Total Residential Use from Option 1 or Option 2 calculated on Page 3) Other Consumption Authorized for Use but not Sold.a back flushing water - line flushing storage tank cleaning - golf courses fire department use - parks municipal government offices TOTAL Authorized Water Use: All water that has been authorized for use or 0.00 consum tlon. [Retail Water Sold + Other Consumption — Total Authorized] Apparent Losses — Water that has been consumed but not properly measured (Includes customer meter accuracy, systematic data discrepancy, un- authorized consumption such as theft) Real Losses — Physical losses from the distribution system prior to reaching the customer destination (Includes physical losses from system or mains, reported breaks and leaks, storage overflow) Unidentified Water Losses 0.00 [System Input- Total Authorized - Apparent Losses - Real Losses = Unidentified Water Losses] TOTAL Water Loss 0.00 [Apparent + Real + Unidentified = Total Water Loss] TCEQ-20646 rev. (09-18-2013) Page 5 of 11 Targets and Goals In the table below, please provide the specific and quantified five and ten-year targets for water savings listed in your water conservation plan. Fields that are gray are entered by the user. Select fields that are tirhite and hit Fg to update fields. Date Target for, Target for: Target for: Total GPCD Water Loss Water Loss Percentage (expressed in GPCD) (expressed in Percentage) Five-year % target date: dd/rim/yyyy Ten-year % target date. dd/mm/yyyy Are targets in the water conservation plan being met? Yes ❑ No ❑ If these targets are not being met, provide an explanation as to why, including any progress on these targets: Click here to enter text. Gallons per Capita per Day (GPCD) and Water Loss Compare your current gpcd and water loss to the above targets and goals set in your previous water conservation plan. Permanent Total System Input in Gallons Population Current GPCD [ (System Input - Permanent Population)151 [Produced +Imported = Exported = System Input] 365 ] Permanent Population is the total permanent population of the service area. This includes single family, multi -family, and group quarter populations. Residential Population is the total residential population of the service area including single cC multi -family population. TCEQ-20646 rev. (09-18-20131 Page b of 1 1 Total Water Loss Total System Input in Permanent Water Loss calculated Gallons Population in GPCD 1 Percent 2 [Water Produced + Wholesale [Apparent + Real +Unidentified = Total Water Imported - Wholesale Exported] Loss] 1. [Total Water Loss -Permanent Population] / 51365 =Water Loss GPCD] 2. [Total Water Loss _ Total System Input] x 100 = Water Loss Percentage] ter �®nservt�®n Pr®grams anc� Activities As you complete this section, please review your water Fields that are gray are entered by the user. cortservation plan to see if yo2c are makingprogress Select fields that are tivhite and hit Fg to towards meeting your stated goals. undated fields. 1. Water Conservation Plan What year did your entity adopt, or revise, then most recent water conservation plan: Click here 1 o enter text. Does the plan incorporate Best Management Practices? Yes ❑ No [] 2. Water Conservation Programs For the reporting period, please select the types of activities and programs that have been actively administered, and estimate the expense and savings that incurred in implementing the conservation activities and programs for the past five years. Leave the field blank if unknown: Pro ram or Activi Estimated Ex enses Estimated Gallons Saved Conservation Analysis & Planning`° El Conservation Coordinator El Water Survey for Single -Family and Multl- Family Customers Financial El Wholesale Agency Assistance' Programs El Water Conservation Pricing/ Rate Structures System Operations 11 Water Loss Audits Leak Detection 0 Universal Metering and Metering Repair TCEQ-20646 rev. (09-18-2013) Page 7 of 1 1 Landscaping El Landscape Irrigation Conservation and Incentives El Athletic Fields Conservation Golf Course Conservation Park Conservation Education & Public Awareness School Education Public Information Rebate,Retrofit, and Incentive Programs El Conservation Programs for ICI Accounts Residential Clothes Washer Incentive Program El Water Wise Landscape Design and Conversion Programs Showerhead, Aerator, and Toilet Flapper Retrofit Residential Toilet Replacement Programs El Rainwater' Harvesting Incentive Program 0 ICI Incentive Programs Conservation Technology El Recycling and Reuse Programs (Water or Wastewater Effluent) Rainwater Harvesting and Condensate Reuse Programs Regulatory and Enforcement El Prohibition on Wasting Water TOTAL $ 0.00 0 3. Reuse (Water or Wastewater Effluent) For the reporting period, please provide the following data regarding the types of direct and indirect reuse activities that were administered for the past five years: TCEQ-20646 rev. (09-18-2013) Page 8 of 1 1 4. Water Savings For the five-year reporting period, estimate the total savings that resulted from your overall water conservation activities and programs? Estimated Estimated Gallons Total volume of Dollar value Gallons Saved Recycled or Reused Water Saved r of Water Saved' (Total from (Total from Reuse Table) Conservation Programs Table) 0 l . [Estimated Gallons Saved +Estimated Gallons Recycled or Reused =Total Volume Saved] 2. Estimate this value by taking into account water savings, the cost of treatment or purchase of your water, and any deferred capital costs due to conservation. 5. Conservation Pricing /Conservation Rate Structures During the five-year reporting period, have your rates or rate structure changed? Yes ❑ No ❑ Please indicate the t e of rate ricing structures that you use: El Uniform rates ❑ Water Budget Based rates ❑ Surcharge - seasonal 0 Flat rates ❑ Excess Use Rates ❑ Surcharge - drought Inclining/ Inverted Block O Drought Demand rates 11 ❑ Surcharge - usage demand Declining Block rates ❑ Tailored rates El Seasonal rates 6. Public Awareness and Education Program For the five-year reporting period, please check the appropriate boxes regarding any public awareness and educational activities that your entity has provided: Implemented Number/Unit TCEQ-20646 rev. (09-18-2013) Page 9 of 11 7. Leak Detection During the five-year reporting period, how many leaks were repaired in the system or at service connections: Click here to enter text. Please check the appropriate boxes regarding the main cause of water loss in your system during the reporting period: Leaks and breaks Un-metered utility or city uses Master meter problems Customer meter problems Record and data problems Other: Click here to enter tcxt. Other: Click here to enter text. 8. Universal Metering and Meter Repair For the five-year reporting period, please provide the following information regarding meter repair: Does your system have automated meter reading? TCEQ-20646 rev. (09-18-2013� Page 10 of i i 9. Conservation Communication Effectiveness In your opinion, how would you rank the effectiveness of your conservation activities in Do not have activities or Less Than Somewhat Highly programs that target this Effective Effective Effective type customer. Residential Customers ❑ ❑ ❑ Industrial Customers ❑ ❑ El ❑ Institutional Customers ❑ ❑' F F] Commercial Customers ❑ ❑ ❑ Agricultural Customers ❑ ❑ ❑ reaching the following types of customers for the past five years? 10. Drought Contingency and Emergency Water Demand Management During the five-year reporting period, did you implement your Drought Contingency Plan? Yes ❑ No ❑ If yes, indicate the number of days that your water use restrictions were in effect: Click here to enter text. If yes, please check all the appropriate reasons for your drought contingency efforts going into effect. If you have any questions on how to fill out this form or about the Water Conservation program, please contact us at 512/239-4691. Individuals are entitled to request and review their personal information that the agency gathers on its forms. They may also have any errors in their information corrected. To review such information, contact us at 512-239-3282. TCEQ-20646 rev. (09-18-2013) Page 1 i of 1 i TCEQ-20646 rev. (09-18-2013) Page 12 of 1 1 Y{OUR} HONiETOW IV Council Meeting: June 10, 2014 Account Code # Amount: Item No. 9 City Secretary's use only City of Anna City Council Agenda Staff Report Staff Contact: City Managei Exhibits: X Yes ❑ No AGENDA SUBJECT: Consider/Discuss/Action regarding an Ordinance amending the Anna City Code Of Ordinances by amending Part II, Article 8 (Building Regulations), Section 16 (Lawn And Landscape Irrigation Restrictions). SUMMARY: As part of the 2014 Water Conservation Plan, the City is required to adopt certain landscape water management measures. These measures are required by North Texas Municipal Water District, and therefore passed on to the Greater Texoma Utility Authority Member Cities and Customers (including Anna). The measures represent minimum measures to be implemented and enforced in order to irrigate the landscape appropriately, and are to remain in effect on a permanent basis unless water resource management stages are declared. The attached Ordinance amends Part II, Article 8, Section 16, of the Anna City Code of Ordinances to include the required landscape and water management measures. The more substantive amendments include the following requirements: • During non -drought periods, a limitation on landscape watering with sprinklers or irrigation systems at each service address to no more than two days per week April 1 — October 31, and no more than one day per week November 1 — March 31. Drought contingency plans, such as the current Stage 3 response, include additional restrictions on outdoor irrigation. • A prohibition on the use of potable water to fill or refill residential amenity ponds, and any other natural or manmade ponds. This does not restrict the filling or maintenance of pond levels by the effect of natural water runoff or the introduction of well water into the pond. • A prohibition on overseeding, sodding, sprigging, broadcasting or plugging with cool season grasses or watering cool season grasses, except for golf courses and athletic fields. RECOMMENDATION: Staff recommends approval of the attached Ordinance. CITY OF ANNA, TEXAS ORDINANCE NO. AN ORDINANCE OF THE CITY OF ANNA, TEXAS, AMENDING THE ANNA CITY CODE OF ORDINANCES BY AMENDING PART II, ARTICLE 8 (BUILDING REGULATIONS) SECTION 16 (LAWN AND LANDSCAPE IRRIGATION RESTRICTIONS); PROVIDING FOR A PENALTY FOR ANY VIOLATION OF THIS ORDINANCE NOT TO EXCEED $2000; PROVIDING FOR SAVINGS, SEVERABILITY, AND REPEALING CLAUSES; PROVIDING FOR AN EFFECTIVE DATE; AND PROVIDING FOR THE PUBLICATION OF THE CAPTION HEREOF. WHEREAS, the City of Anna, Texas (the "City"), recognizes that the amount of water available to its water customers is limited; and WHEREAS, the City recognizes that due to natural limitations, drought conditions, system failures and other acts of God which may occur, the City cannot guarantee an uninterrupted water supply for all purposes at all times; and WHEREAS, the Texas Water Code and the regulations of the Texas Commission on Environmental Quality (the "Commission") require that the City adopt a Water Conservation Plan; and WHEREAS, pursuant to Chapter 54 of the Local Government Code, the City is authorized to adopt such Ordinances necessary to preserve and conserve its water resources; and WHEREAS, as part of the Water Conservation Plan, the City is required to adopt landscape water management regulations that correspond to water management regulations adopted by the Greater Texoma Utility Authority and the North Texas Municipal Water District; and WHEREAS, the purpose of these proposed landscape water management regulations is to provide a consistent mechanism for preventing the waste of water resources. WHEREAS, the City of Anna, Texas City Council ("City Council") has previously adopted standards, requirements, and procedures for and otherwise governing Lawn and Landscape Irrigation Restrictions; NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ANNA, TEXAS, THAT: Section 1. Recitals Incorporated. The above -referenced recitals are incorporated herein as if set forth in full for all purposes. CITY OF ANNA, TEXAS ORDINANCE NO. Page 1 of 5 Section A. Amendment. In accordance with Part II, Article 1, Section 9 of the Anna City Code of Ordinances; Part II, Article 8, Section 16 or the Anna City Code or Ordinances is hereby amended as follows: 16.01 Lawn and Landscape Irrigation Restriction or recklessly or allowsthe irrigation or watering of any lawn or landscape located on any property owned, leased, or managed by the person between - hours of 1 /1 a.m. and • 11 p.m. fromApril I through October 31 of any year, A peFSOR GGR;R;its an offense if, d i the peried from june 1 through September 30 of any year and betweeR the heuFs of 00 •0 p.m. on any day during that peried he +rrigates with an automated irrigat h en system Or Gauses er permits the irFigatien or watering of any lawn er IandSGape !E)Gated on premises owned, leased, er managed by him with an autemated irFigatien system. (b) Any person commits an offense if he knowingly or recklessly irrigates, waters, or causes or permits the irrigation or watering of a lawn or landscape located on premises owned, leased, or managed by the person in a manner that causes: watersuch that a constant stream of • the lawn or landscape onto a street or other drainage area; or (2) irrigating lawn or landscape n„ ;rr;^,+i„n+orv, „r „+hor i.,,.,,, „r during any form of precipitation or during freezing conditions streets and sidewalks., This restriction applies to all forms of irrigation, including automatic sprinkler systems; or (3) the irrigation of impervious surfaces or other non -irrigated areas, wind driven water drift taken into consideration. (c) A person commits an offense if, on premises owned, leased, or managed by him, be operated a lawn or landscape irrigation device that: (1) has any broken or missing sprinkler head; or (2) has not been properly maintained in a manner that prevents the CITY OF ANNA, TEXAS ORDINANCE NO, Page 2 of 5 waste of water. (d) A person commits an offense if the person knowingly or recklessly allows the irrigation or watering of any lawn or landscape located on any property owned, leased, or managed by the person more than two days per week from April 1 through October 31 of any year. Additional watering of landscape may be provided by hand-held hose with shutoff nozzle, use of dedicated irrigation drip zones, and/or soaker hose provided no runoff (e) A person commits an offense if the person knowingly or recklessly allows the irrigation or waterinq of any lawn or landscape located on any property owned leased or managed by the person more than one day per week beginning November 1 and ending March 31 of any year. Additional watering of landscape may be provided by hand-held hose with shutoff nozzle, use of dedicated irrigation drip zones, and/or soaker hose provided no runoff occurs 16.02 Rain and Freeze Sensing Devices and/or ET or Smart Controllers (a) Any new irrigation system installed within the City on or after May I, 2003, must be equipped with rain sensing devices and freeze gauges, and/or ET or Smart Controllers in compliance with state design and installation regulations. ET/ or Smart Controllers are irrigation controllers that adiust their schedule and run times based on weather (ET) data. These controllers are designed to replace the amount of water lost to evapotranspiration. Evapotranspiration abbreviated as ET represents the amount of water lost from plant material to evaporation and transpiration. The amount of ET can be estimated based on the temperature, wind, and relative humidity. Official. (b) A person commits an offense if, on premises owned, leased, or managed by him, he (1) installs, or causes or permits the installation of, a new irrigation system in violation of section 16.02(a); �°,�-^�3; (2) operates, or causes or permits the operation of, an irrigation system that does not comply with section 16.02(a). �-9:-9�(,a� 16.03 Filling or Refilling of Ponds A person commits an offense if the person knowingly or recklessly fills or refills any natural or manmade pond located on any property owned, leased, or managed by the person by introducing any treated water to fill or refill the CITY OF ANNA, TEXAS ORDINANCE NO. Page 3 of 5 pond. This does not restrict the filling or maintenance of pond levels by the effect of natural water runoff or the introduction of well water into the pond. A pond is considered to be a still body of water with a surface area of 500 square feet or more. 16.04 Washing %J Vehicles A person commits an offense if the person knowingly or recklessly washes a vehicle without using a water hose with a shut-off nozzle on any property owned, leased, or managed by the person. 16.05 Overseeding A person commits an offense if the person knowingly or recklessly overseeds a lawn with rye or Cool Season Grass on property that the person owns, leases, or manages. Cool Season Grasses are varieties of turf grass that prow best in cool climates primarily in northern and central regions of the U.S. Cool Season Grasses include perennial and annual rye grass, Kentucky blue grass and fescues. Golf courses and public athletic fields are exempt from this restriction. 16.06 Variances The City Manager or his designee BuildiRg-9#ficial may, in special cases, grant variances from the provisions of this Section 16 19.02(a) to persons demonstrating extreme hardship and need. Variances may be granted opJy under all # the following circumstances and conditions: (a) The applicant must sign a compliance agreement on forms provided by the C� BuildiRg-9#flGial, and approved by the City Attorney, agreeing to irrigate or water a lawn or landscape only in the amount and manner permitted by the variance; and (b) Granting of a variance must not cause an immediate significant reduction in the City's water supply; and (c) The extreme hardship or need requiring the variance must relate to the health, safety, or welfare of the person requesting it; and (d) The health, safety, and welfare of other persons must not be adversely affected by granting the variance. 16.07 Revocation of Variances The City Manager or his designee �ildi-real may revoke a variance granted when he or she the doreGtGr determines that: (a) the conditions of section 16.06 19.03 are not being met or are no longer applicable; CITY OF ANNA, TEXAS ORDINANCE NO. Page 4 of 5 (b) The terms of the compliance agreement are being violated; or (c) The health, safety, or welfare of other persons requires revocation. 16.08 Penalty Any person, firm, corporation or business entity violating this section shall be deemed guilty of a misdemeanor, and upon conviction thereof shall be fined any sum not exceeding $2,000, unless otherwise specifically set forth in this Code. Each continuing day's violation under this section shall constitute a separate offense. The penal provisions imposed under this section shall not preclude the City of Anna from filing suit to enjoin the violation. The City of Anna retains all legal rights and remedies available to it pursuant to local, state and federal law. Section 4. Savings, Severability and Repealing Clauses. All ordinances of the City in conflict with the provisions of this ordinance are repealed to the extent of that conflict. If any provision of this ordinance shall be held to be invalid or unconstitutional, the remainder of such ordinance shall continue in full force and effect the same as if such invalid or unconstitutional provision had never been a part hereof. The City declares that it would have passed this ordinance, and each section, subsection, clause, or phrase thereof irrespective of the fact that any one or more sections, subsections, sentences, clauses, and phrases be declared unconstitutional or invalid. Section 5. Publication of the Caption Hereof and Effective Date. This ordinance shall be in full force and effective from and after its passage and upon thIwo posting and/or publication, if required by law, of its caption and the City Secretary is hereby directed to implement such posting and/or publication. PASSED by the City Council of the City of Anna, Texas, this 10t" day of June, 2014. ATTESTED: City Secretary, Natha Wilkison Mayor, Mike Crist CITY OF ANNA, TEXAS ORDINANCE NO. Page 5 of 5 Council Meeting: June 10, 2014 ITEM NO. IV City Secretary Use only City of Anna City Council Agenda Staff Report Staff Contact: Chief Gothard Account Code #: Budgeted Amount: Exhibits: ❑ Yes X No AGENDA SUBJECT: Briefing/Update regarding a Fire Department grant application. SUMMARY: This is asub-applicant grant with TDEM (Texas Division of Emergency Management) for a 2014 Pre -Disaster Mitigation (PDM) Grant Program through FEMA. Deadline is June 30, 2014. Request will be made for Emergency Generators for Emergency Facilities in the City. 25%cost share commitment of the sub -grantee. RECOMMENDATION: Approval to move forward with the grant process. ■w Council Meeting: June 10 2014 Account Code #: N/A Budgeted Amount: N/A Item No. 11 City Secretary's use only City of Anna City Council Agenda Staff Report Staff Contact: Maurice Schwanke Date Prepared: 06/04/14 Exhibits: Yes ❑ No AGENDA SUBJECT: Briefing/Update regarding Roadway Impact Fee Study. SUMMARY: The Impact Advisory Committee has met and has made a recommendation concerning the Roadway Impact Fee Land Use Assumptions and the Roadway Capital Improvement Program. The findings for the of the Advisory Committee are that the Roadway Impact Fee Land Use Plan to be consistent with the City's Comprehensive Plan; and the Roadway Impact Fee Capital Improvements Plan to be consistent with the Roadway Impact Fee Land Use Plan. Attached is the Impact Fee Advisory Committee recommendation letter. The City has been divided into two areas for analysis and calculations. Powell Parkway is the dividing line for the areas. Based on the Plans Area 1 west of Powell Parkway has a maximum impact fee cost per service unit equivalency of $702 and the Area 2 east of Powell Parkway has a maximum impact fee cost per service unit equivalency of $616.50. The type of land use is then multiplied by the PM Peak Trips X Average trip length by use to generate the impact fee. RECOMMENDED ACTION: No Action Required. City of Anna, Texas Impact Fee Advisory Committee 111 N. Powell Parkway Anna, Texas 75409 June 2, 2014 Re: Roadway Impact Fee Impact Fee Advisory Committee Recommendation Honorable Mayor Crist and the City of Anna City Council: The City of Anna Impact Fee Advisory Committee, established in accordance with Section 395.058 of the Texas Local Government Code, met on this date for the purpose of reviewing the proposed 2014 Roadway Impact Fee calculation and report. The Impact Fee Advisory Committee reviewed the 2014 Roadway Impact Fee Land Use Assumptions prepared by the City of Anna Planning and Development Staff, the 2014 Roadway Impact Fee Capital Improvement Plan, and the calculated Maximum Roadway Impact Fees per service area as prepared by Birkhoff, Hendricks & Carter, L.L.P. Professional Engineers and their traffic engineering sub -consultant, Lee Engineering. On behalf of the Advisory Committee, we find the Roadway Impact Fee Land Use Plan to be consistent with the City's current Comprehensive Plan; and the Roadway Impact Fee Capital Improvement Plan to be consistent with the Roadway Impact Fee Land Use Plan. It is the Advisory Committee's opinion that the maximum roadway impact fees per service area presented in the 2014 Roadway Impact Fee Report prepared by Birkhoff, Hendricks & Carter, LLP in association with Lee Engineering is in general conformance with the requirements of Texas Local Government Code Chapter 395. The Impact Fee Advisory Committee offers no objections. Sincerely Justin Burr Chairman, Impact Fee Advisory Committee y{pUg} gpMETOWN Council Meeting: June 10I 2014 Account Code #: N/A Budgeted Amount: /A Item No. 12 City Secretary's use only City of Anna City Council Agenda Um Staff Contact: Philip Sanders Date Prepared: 6-06-14 Exhibits: ❑Yes ❑ No CLOSED SESSION (EXCEPTIONS): Under Tex. Gov't Code Chapter 551, the City Council may enter into closed session to discuss any items listed or referenced on this agenda under the following exceptions: a. consult with legal counsel regarding pending or contemplated litigation and/or on matters in which the duty of the attorney to the governmental body under the Texas Disciplinary Rules of Professional Conduct of the State Bar of Texas clearly conflicts with Chapter 551 of the Government Code (Tex. Gov't Code §551.071), b. discuss or deliberate the purchase, exchange, lease, or value of real property (Tex Gov't Code §551.072); acquisition of right -of --way; easements; and land for municipal facilities; c. discuss or deliberate Economic Development Negotiations: (1) To discuss or deliberate regarding commercial or financial information that the City has received from a business prospect that the City seeks to have locate, stay, or expand in or near the territory of the City of Anna and with which the City is conducting economic development negotiations; or (2) To deliberate the offer of a financial or other incentive to a business prospect described by subdivision (1). (Tex. Gov't Code §551.087); proposed residential and retail developments; The council further reserves the right to enter into executive session at any time throughout any duly noticed meeting under any applicable exception to the Open Meetings Act, Council Meeting: June 10, 2014 Account Code #: N/A Budgeted Item No. 13 City Secretary's use only City of Anna City Council Agenda Staff Report Staff Contact: Philip Sanders Date Prepared: 6-06-14 Exhibits: ❑Yes ❑ No AGENDA SUBJECT: Consider/Discuss/Action on any items listed on posted agenda for June 10, 2014 Workshop Session or any Closed Session occurring during this Regular Meeting, as necessary. RECOMMENDATION: 4 Y{OUR} HOMETOWN Council Meeting: June 10I 2014 Account Code #: N/A Budgeted Amount: N/A AGENDA SUBJECT: Adjourn. SUMMARY: Item No. 14 City Secretary's use only City of Anna City Council Agenda Staff Report Staff Contact: Philip Sanders Date Prepared: 6-06-14 Exhibits: ❑Yes ❑ No RECOMMENDATION: Staff recommends a motion to adjourn.