Packet

NOTICE OF MEETING OF THE CITY COUNCIL OF BUDA, TX 6:30 PM - Wednesday, July 5, 2017 Council Chambers 121 S. Main Street Buda, TX 78610

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

A.

CALL TO ORDER The City Council meeting will begin at 6:30 P.M.

B.

INVOCATION Pastor Mark Pecina of the Buda Ministerial Alliance

C.

PLEDGE OF ALLEGIANCE

D.

ROLL CALL

E.

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

F.

CONSENT AGENDA All matters listed under this item are considered to be routine by the City Council and will be enacted by one motion. There will not be separate discussion of these items. If discussion is desired by any Council Member on any item, that item will be removed from the consent agenda and will be considered separately. F.1. Approval of the June 20, 2017 City Council Meeting Minutes (City Secretary Alicia Ramirez) 2017-0620 DRAFT Minutes.pdf F.2.

Approval of the closure of Peach Street between Main Street and Austin Street on Saturday, August 5, 2017 and Saturday, August 26, 2017 to facilitate special events of Brooklyn’s Down South Restaurant (Parks and Recreation Director Drew Wells) 2017-0705 Peach Street Closure - Brooklyn's.pdf Peach Street Closure map - Brooklyn's.pdf Summer Bash 08-05-2017.pdf

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Wild Turkey Fed 08-26-2017.pdf City Council Agenda

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July 5, 2017

G.

REGULAR AGENDA G.1. Discussion and possible action on funding options for Alliance Regional Water Authority, formerly the Hays Caldwell Public Utility Agency (HCPUA), Phase 1B Pipeline Project for the City of Buda (Finance Director June Ellis) ARWA-Buda City Council 2017-07-05.pptx Funding Options - Alliance RWA project.pdf G.2. Discussion and possible action regarding the adoption of a Resolution of the City of Buda, Texas, authorizing the City Manager to accept a FEMA Hazard Mitigation Grant Program sub-award from the Texas Department of Environmental Management and to execute all subsequent Grant Agreements associated with HMGP Grant, DR-4245-008, City of Buda Storm Water Drainage Improvement Project (City Engineer John Nett) City of Buda HMGP Award Resolution.pdf HMGP Grant, DR-4245-008, City of Buda Drainage Improvement Project TDEM Sub-Award.pdf City of Buda Project Scope of Work.pdf Buda Prop 4 - Diversion Channel Access Exhibit.pdf G.3. Deliberation and possible action on a request for permission to install public on-street parking on Rose Street adjacent to 108 Lilly Street, for a proposed development at 108 Lilly Street (Assistant City Manager Chance Sparks) Preliminary Site 06-15-17.pdf Buda City Council Written Request.pdf

H.

EXECUTIVE SESSION H.1. Council will recess its open session and convene in executive session pursuant to Government Code §551.071 to seek the advice of the city attorney related to legislation affecting municipalities in the upcoming special session of the Texas Legislature.

I.

CONVENE INTO REGULAR SESSION AND TAKE ACTION, IF ANY, ON MATTERS DISCUSSED IN EXECUTIVE SESSION.

J.

STAFF REPORT J.1.

Update on stormwater conveyance and pond maintenance (Public Works Director Mike Beggs)

J.2.

Update on impact of Senate Bill 2 Relating to the administration of the ad valorem tax system and other legislative matters (City Attorney Catarina Gonzales and Finance Director June Ellis)

2 J.3.

Update on Aquifer Storage and Recovery and Direct Potable Reuse (Water Specialist Brian Lillibridge)

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K.

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

L.

CITY COUNCIL’S BOARD AND COMMITTEE REPORTS

M.

ITEMS OF COMMUNITY INTEREST

N.

CITY COUNCIL REQUESTS FOR FUTURE AGENDA ITEMS N.1. Update on Pending Items requested by City Council Pending Items.pdf

O.

ADJOURNMENT Requests for accommodations must be made 48 hours prior to the meeting. Please contact the City Secretary at (512) 312-0084, or FAX (512) 312-1889 for information or assistance. I, the undersigned authority, do hereby certify that the above Notice of Meeting of the Governing Body of the City of Buda, was posted on the bulletin board in front of Buda City Hall, which is readily accessible to the public at all times, by 5:00 pm on June 30, 2017.

/s/____________________________ Alicia Ramirez City Secretary

Meetings scheduled in the Council Chambers are set up to publicly broadcast meetings. You may be audio and video recorded while in this facility. Meetings scheduled in other City Facilities are set up to publicly audio record meetings. You may be audio recorded in the other City Facilities. In accordance with Article III, Section 3.10, of the Official Code of the City of Buda, the minutes of this meeting consist of the preceding Minute Record and the Supplemental Minute Record. Details on Council meetings may be obtained from the City Secretary’s Office, or video of the entire meeting may be downloaded from the website. (Portions of the Supplemental Minute Record video tape recording may be distorted due to equipment malfunction or other uncontrollable factors.) The City Council may retire to executive session any time between the meeting’s opening and adjournment for the purpose of consultation with legal counsel pursuant to Chapter 551.071 of the Texas Government Code; discussion of personnel matters pursuant to Chapter 551.074 of the Texas Government Code; deliberation regarding real property pursuant to Chapter 551.072 of the Texas Government Code; deliberation regarding economic development negotiations pursuant to Chapter 551.087 of the Texas Government Code; and/or deliberation regarding the deployment, or specific occasions for implementation of security personnel or devices pursuant to Chapter 551.076 of the Texas Government Code. Action, if any, will be taken in open session. This agenda has been reviewed and approved by the City’s legal counsel and the presence of any subject in any Executive Session portion of the agenda constitutes a written interpretation of Texas Government Code Chapter 551 by legal counsel for the governmental body and constitutes City CouncilAgenda

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July 5, 2017

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an opinion by the attorney that the items discussed therein may be legally discussed in the closed portion of the meeting considering available opinions of a court of record and opinions of the Texas Attorney General known to the attorney. This provision has been added to this agenda with the intent to meet all elements necessary to satisfy Texas Government Code Chapter 551.144(c) and the meeting is conducted by all participants in reliance on this opinion. Attendance by Other Elected or Appointed Officials: It is anticipated that members of other governmental bodies, and/or city boards, commissions and/or committees may attend the meeting in numbers that may constitute a quorum of the body, board, commission and/or committee. Notice is hereby given that the meeting, to the extent required by law, is also noticed as a possible meeting of the other body, board, commission and/or committee, whose members may be in attendance, if such numbers constitute a quorum. The members of the boards, commissions and/or committees may be permitted to participate in discussions on the same items listed on the agenda, which occur at the meeting, but no action will be taken by such in attendance unless such item and action is specifically provided for on an agenda for that body, board, commission or committee subject to the Texas Open Meetings Act.

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CITY COUNCIL MINUTE RECORD The City of Buda, Texas Tuesday, June 20, 2017

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CALL TO ORDER Mayor Ruge called the meeting to order at 6:00 p.m. ROLL CALL City Secretary Alicia Ramirez certified a quorum with the following Council Members present: Mayor Todd Ruge Mayor Pro Tem Bobby Lane Council Member Lee Urbanovsky Council Member Wiley Hopkins Council Member David Nuckels Council Member Eileen Altmiller City Manager Kenneth Williams Council Member George Haehn was absent and excused from the meeting. City Staff in attendance: Assistant City Manager/Development Chance Sparks, Assistant City Manager/Administration Micah Grau, City Secretary Alicia Ramirez, Chief of Police Bo Kidd, Library Director Melinda Hodges, Tourism Director Lysa Gonzalez, Parks & Recreation Director Drew Wells, Public Information Officer David Marino, and Executive Assistant Isabel Fernandez PUBLIC COMMENTS Public comment was made by Citizen Steve Truschel of Garlic Creek, Buda, TX. PUBLIC HEARINGS Assistant City Manager Chance Sparks certified a quorum with the following Planning and Zoning Commission Members present: Colin Strother, Chairperson Meghan McCarthy, Co-Chairperson Henry Altmiller Clark Beach Angela Britain John Ellis Eric Ross JOINT PUBLIC HEARING HELD OF THE CITY COUNCIL AND PLANNING AND ZONING COMMISSION REGARDING ADOPTION OF THE CITY OF BUDA UNIFIED DEVELOPMENT CODE AND THE OFFICIAL CITY ZONING MAP TO REPLACE THE EXISTING CITY OF BUDA UNIFIED DEVELOPMENT CODE Assistant City Manager Chance Sparks introduced Dan Sefko and Erica Claycraft of Freese & Nichols. Mr. Sefco presented background information. A copy of the presentation is part of the permanent supplemental record.

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Mayor Ruge formally opened the public hearing period to accept comments at 6:10 p.m. No comments were made. Mayor Ruge closed the public comment period at 6:11 p.m. Mr. Strother noted the process was an extensive exercise whereby the Commission discussed numerous topics and made several recommendations to update the Code. Mr. Strother adjourned the Planning and Zoning Commission meeting at 6:18 pm. RECESS At 6:18 P.M., Mayor Ruge called a recess. RECONVENE At 6:21 P.M., Council reconvened, and the following business was transacted: CONSENT AGENDA APPROVAL OF THE JUNE 6, 2017 CITY COUNCIL MEETING MINUTES ADOPTION OF A RESOLUTION #2017-R-10 DESIGNATING AN ALTERNATE MEMBER FOR THE 2017 CHARTER REVIEW COMMITTEE APPROVAL OF A FINAL PLAT FOR CRIPPEN SUBDIVISION BEING 12.295 ACRES OUT OF THE J.S. IRVINE SURVEY NO. 4, ABSTRACT NO. 255, GENERALLY LOCATED SOUTH OF THE INTERSECTION OF MANCHACA SPRING AND SOUTH IH 35 FRONTAGE ROAD (FP 17-14) Motion, to approve the Consent Agenda, as presented, was made by Mayor Pro Tem Lane and seconded Council Member Altmiller. Motion carried unanimously. PRESENTATIONS POST-EVENT REPORT REGARDING THE 20TH ANNUAL BUDA LIONS CLUB COUNTRY FAIR AND WIENER DOG RACES Tourism Director Lysa Gonzales presented background information. Keith Hendrick of the Buda Lions Club provided a brief report. He commended the Parks & Recreation, Public Works, and Police Departments for their assistance before, during, and after the event. Mayor Ruge informed Cecelia Abbott, wife of Governor Greg Abbott, attended the event. REGULAR AGENDA AUTHORIZATION FOR THE CITY MANAGER TO NEGOTIATE AND EXECUTE A RECLAIMED WATER SUPPLY, EASEMENT AND DISCHARGE AGREEMENT BETWEEN THE CITY OF BUDA, GUADALUPE BLANCO RIVER AUTHORITY (GBRA), AND SUNFIELD MUNICIPAL DISTRICT NO. 1, SUNFIELD MUNICIPAL DISTRICT NO. 3, AND SUNFIELD MUNICIPAL DISTRICT NO. 4 Assistant City Manager Micah Grau presented background information noted the district numbers represented in the caption were incorrect and should read 1, 3, and 4. He assured the district reference numbers in the agreement are correct.

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Minutes June 20, 2017

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Mayor Ruge verified the district numbers and called for the motion. Motion, to authorize and negotiate the agreement, as presented, was made by Mayor Ruge and seconded by Mayor Pro Tem Lane. Motion carried unanimously. PUBLIC HEARINGS PUBLIC HEARING HELD REGARDING A REPLAT OF LOT 3 OUT OF THE BRIDGEPORT SUBDIVISION, APPROXIMATELY 9.311 ACRES, ESTABLISHING LOTS 3-A, 3-B, 3-C, 3-D AND 3-E, LOCATED AT THE INTERSECTION OF ROBERT S. LIGHT BOULEVARD AND WAREHOUSE DRIVE (RP 17-06) Assistant City Manager Chance Sparks presented background information. Mayor Ruge formally opened the public hearing period to accept comments at 6:40 p.m. No comments were made. Mayor Ruge closed the public comment period at 6:40 p.m. REGULAR AGENDA DIRECTION TO STAFF REGARDING POSSIBLE AMENDMENTS TO THE CITY OF BUDA CITY CHARTER, INCLUDING, BUT NOT LIMITED TO, DESIGNATING SINGLE MEMBER DISTRICTS AND THE ELECTION OF CANDIDATES BY A SIMPLE MAJORITY City Secretary Alicia Ramirez presented background information. General discussion was held and upon consensus, the following topics were identified for the Charter Review Committee to consider: • • • • • •

Single Member Districts, including composition, at-large designation, and transition plan Election of Candidates by Simple Majority or by Majority Switching General Election from November to May Mayor/Council Member term limits Mayor/Council Member compensation Revisit succession plan. Currently, if no City official is available, the Hays County Judge shall have the authority to call a City election.

APPROVAL OF A REPLAT OF LOT 3 OUT OF THE BRIDGEPORT SUBDIVISION, APPROXIMATELY 9.311 ACRES, ESTABLISHING LOTS 3-A, 3-B, 3-C, 3-D AND 3-E, LOCATED AT THE INTERSECTION OF ROBERT S. LIGHT BOULEVARD AND WAREHOUSE DRIVE (RP 17-06) Assistant City Manager Chance Sparks presented background information. Motion, to approve the replat, as presented, was made by Mayor Pro Tem Lane and seconded by Council Member Nuckels. Motion carried unanimously. DIRECTION TO STAFF REGARDING THE DEVELOPMENT AND IMPLEMENTATION OF A STREET CLOSURE POLICY TO INCLUDE INTERNAL ADMINISTRATIVE APPROVAL Parks & Recreation Director Drew Wells presented background information.

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General discussion was held and upon consensus, the Council suggested staff consider including the following items in the policy: • • • •

Permit fee: should address requested staff and possible overtime costs, equipment, sliding fee scale based on organization’s status, and clean-up deposit. Consider whether the event is part of a business rental versus a neighborhood/community event. The effect or negative impact on adjacent business owners. Designating the City Council as the ultimate decision maker for an appeal.

Mayor Ruge suggested the Parks Commission should review the concept and present their findings at a future meeting. APPROVAL OF THE CITY OF BUDA JULY 4TH CELEBRATION: THE RED, WHITE AND BUDA COMMUNITY WALK AND BIKE PARADE AND CITY STAFF’S REQUEST FOR NECESSARY AUTHORITY TO CONDUCT THE CELEBRATION, AUTHORIZATION FOR STAFF TO WORK WITH THE TEXAS DEPARTMENT OF TRANSPORTATION (TXDOT) ON THE RECOMMENDED PARADE ROUTE AND RELATED TEMPORARY CLOSURE OF MAIN STREET, AND, IF TXDOT APPROVAL IS NOT GRANTED, DIRECTION TO STAFF TO MOVE FORWARD WITH THE ALTERNATIVE ROUTE Parks and Recreation Director Drew Wells presented background information. General discussion was held on whether staff consulted with the Main Street Advisory Board, concerns on the proposed route noting parade onlookers would be standing in ditches, temporary street closure for 20-30 minutes, direction to staff to contact TxDOT for the street closure approval, and the preference to use the state right-of-way. Motion, to renegotiate the parade route to begin at Houston and Main Street, proceed route on Main Street to Garison Road (City Park), with the approval of Texas Department of Transportation (TxDOT); and if the street closure is not granted by TxDOT, authorize the alternative parade route and related street closures, as presented, was made by Mayor Pro Tem Lane and seconded by Mayor Ruge. Motion carried unanimously. EXECUTIVE SESSION At 7:23 P.M., Council convened in Executive Session under the provision of Government Code, Title 5. Open Government; Ethics, Subtitle A. Open Government, Chapter 551. Open Meetings, Subchapter D. Exceptions to Requirement that Meetings be Open, §551.071 and §551.087 Deliberations regarding Economic Development Negotiations to deliberate and seek the advice of the city attorney on an offer or financial or other incentive to a company or companies with whom the City of Buda Economic Development Corporation is conducting economic development negotiations and which the City of Buda seeks to have, locate, stay, or expand in Buda. At 8:19 P.M., Council reconvened, and the following business was transacted and action taken, if any, on matters discussed in executive session. No action was taken.

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STAFF REPORT UPDATE ON THE MAIN STREET PROGRAM Main Street Program Manager Maggie Gillespie presented background information. A copy of the presentation is part of the permanent supplemental record. Council commended staff and the board for their progress. Ms. Gillespie informed a preliminary report from the Texas Main Street Resource Team is available for review. UPDATE ON 2014 BOND PROPOSITIONS Project Manager Ray Creswell; City Engineer John Nett; Director of Parks & Recreation Drew Wells presented background information. A copy of the presentation is part of the permanent supplemental record. UPDATE AND PRESENTATION OF THE FY 2015-16 ANNUAL REPORT Public Information Officer David Marino presented background information. A copy of the report is part of the permanent supplemental record. UPDATE AND POSSIBLE DIRECTION REGARDING THE NATIONAL CIVIC LEAGUE ALL-AMERICAN CITY AWARD PROCESS City Secretary Alicia Ramirez presented background information. Council requested a copy of the application criteria. CITY MANAGER’S REPORT • • • • • • • • •

2014 bond program Capital Improvement Projects Developments Drainage Projects Engineering Department Finance Department Grant Related Projects Law Enforcement Legislative Update

• • • • • • • • •

Library Projects Parks & Recreation Department Planning Department Road Projects Special Projects Status on requested future items Tourism Projects Wastewater Projects Water Projects

City Manager Kenneth Williams provided an update on the following: Staff meet with Commission Mark Jones and Coves of Cimarron representatives regarding drainage and the neighborhood’s concerns. New roof installation, rodent control, and repainting of Stagecoach House. July 8, 2017 2nd Budget Workshop Weiner Dog Costume

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Minutes June 20, 2017

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CITY COUNCIL’S BOARD AND COMMITTEE REPORTS Mayor Ruge last Wednesday, presented the State of the City presentation at the Chamber of Commerce Luncheon. He thanked Lysa Gonzales and the Tourism Department for providing marketing materials to guest visiting Buda. ITEMS OF COMMUNITY INTEREST -

June 23, 2017 Movies in the Park July 1, 2017 First Saturday in Downtown in collaboration with Main Street, Market in the Park, and the Farmer’s Market from 9:00 am to 3:00 pm. July 4, 2017 Red, White, and Buda

CITY COUNCIL REQUESTS FOR FUTURE AGENDA ITEMS Mayor Pro Tem Lane requested a report on how and when the drainage ditches are mowed and maintained. City Manager Kenneth Williams informed he will distribute the Ditch/Creek Maintenance Procedure. ADJOURNMENT Motion, to adjourn the meeting, was made by Mayor Ruge and seconded by Mayor Pro Tem Lane. Motion carried unanimously. There being no further business, the meeting was adjourned at 8:55 p.m.

THE CITY OF BUDA, TEXAS

ATTEST:

___________________________ Todd Ruge, Mayor

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

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City Council Agenda Item Report July 5, 2017 Contact – Drew Wells, Parks and Recreation Director [email protected] 512-295-7170

SUBJECT: APPROVAL OF THE CLOSURE OF PEACH STREET BETWEEN MAIN STREET AND AUSTIN STREET ON SATURDAY, AUGUST 5, 2017 AND SATURDAY, AUGUST 26, 2017 TO FACILITATE SPECIAL EVENTS OF BROOKLYN’S DOWN SOUTH RESTAURANT.

1. EXECUTIVE SUMMARY The applicant is requesting temporary closure of Peach Street to facilitate activities associated with special events to be held on Saturday, August 5th and Saturday, August 26th at Brooklyn’s Down South. The applicant submitted the request prior to City Council consideration of establishing a street closure policy.

2. BACKGROUND/HISTORY As the City of Buda does not have a separate stand-alone policy on street closures at this time, it uses the existing Special Events Packet. Previously, the City Council has unanimously approved the closure of Peach Street on March 17th for a grand opening event of Brooklyn’s. There were no issues with the closure of Peach Street during the event.

3. STAFF’S REVIEW AND ANALYSIS Brooklyn Robertson, owner of Brooklyn’s Down South, has requested the closure of Peach Street between Austin Street and Main Street between the hours of 3 p.m. and 9 p.m. on two dates in August. The first event date is August 5th and will coincide with Summer Bash @ Brooklyn’s Down South. The event is an end to summer bash and will feature live music entertainment. The second event date is August 26th and is listed as National Wild Turkey Federation Benefit. This special event is a fundraiser for St. Jude’s Children’s Hospital and will also feature live music entertainment. Staff has reviewed the request for the street closure has no objections to City Council approval.

4. FINANCIAL IMPACT There are no fees associated with the street closure.

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5. SUMMARY/CONCLUSION N/A 6. PROS AND CONS N/A

7. ALTERNATIVES N/A

8. RECOMMENDATION Staff recommends the City Council consider approval of the request to close Peach Street between Main Street and Austin Street from 3 p.m. to 9 p.m. on August 5 and 26, 2017.

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Proposed Closure of Peach Street and Detours 14

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City Council Agenda Item Report Date: Wednesday, July 5, 2017

Agenda Item No. 2017-438Contact: June Ellis Subject:

1.

2.

3.

Discussion and possible action on funding options for Alliance Regional Water Authority, formerly the Hays Caldwell Public Utility Agency (HCPUA), Phase 1B Pipeline Project for the City of Buda (Finance Director June Ellis)

Executive Summary The Alliance Regional Water Authority (RWA), formerly the Hays Caldwell Public Utility Agency (HCPUA), provides water to Buda. The Alliance RWA is a partnership between Buda, Kyle, San Marcos, and the Canyon Regional Water Authority (CRWA) to develop additional groundwater supplies. The Alliance seeks to provide additional water to the City of Buda through its long-term plan that will require funding for future phases of a pipeline project. Background/History The Alliance Regional Water Authority (RWA) was formed in January 2007 as the Hays Caldwell Public Utility Agency (HCPUA) for the purpose of resolving the long-term water needs for its participants. The HCPUA is comprised of the cities of Kyle, San Marcos and Buda, along with the Canyon Regional Water Authority. In 2016, a water sharing agreement was finalized between Buda, Kyle, and San Marcos and was accomplished through the HCPUA. This agreement allowed the City of Buda to receive an additional 1 million gallons per day of surface water from HCPUA. This additional water supply assists Buda in meeting its short term water needs until Phase 1 of the HCPUA project is complete and online in 2023. The Alliance RWA plans to develop a pipeline from well fields in Caldwell County that will deliver water to the City of Buda and the other participants. This is a top priority for the Alliance and will provide the City of Buda with additional water resources in the future. Staff's review and analysis To fund the pipeline project to deliver future water to the City of Buda, the Alliance RWA will seek funding assistance from the Texas Water Development Board through its State Water Implementation Fund for Texas (SWIFT) program. That program offers various flexible financing structures, including low-interest loans, deferred loans, and board participation. Alliance would issue debt in

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4.

5.

6.

2017, 2019, and 2021 for this project. Staff has reviewed the various options and the multi-year commitment requirements and proposes three options for Council's consideration. Option 1 is a 20-year low interest loan for a total principal and interest for Buda's portion through the life of the loan totaling $14,533,138. The second option is a 30-year low interest loan that will require a total principal and interest payment through the life of the loan for the City of Buda totaling $18,431,356. The third option is a 20-year low interest and state participation loan that will require a total principal and interest payment through the life of the loan for the City of Buda totaling $18,150,376. Financial Impact See attached debt schedule for options 1-3 that includes the All 20-Year Low Interest Loan, All 30-Year Low Interest Loan and the All 20-Year Low Interest & State Participation Loans Summary/Conclusion The need for the City of Buda to continue to seek out future water resources requires the City to be proactive and to plan for its long-term water supply needs. The Alliance RWA, through the State Water Implementation Fund for Texas (SWIFT), provides for affordable, ongoing state financial assistance for projects in the state water plan. By offering low-interest loans and other flexible financing options, the SWIFT funding option will allow the City to fund its future water supply needs. Three options have been selected by City staff and is being proposed for Council's review and approval of one of the options. This will allow the Alliance RWA to continue to move forward with its plans to issue debt for this project. Pros and Cons Pros: (1) Allows for low-interest loans and up to a 30-year repayment period, (2) flexible financing structures, (3) no maximum funding limits Cons: (1) Mulit-year commitments

7.

8.

Alternatives Fund from balances in the Water Fund - not recommended as funding is not available. Recommendation Staff recommends City Council's selection of Option 1, Option 2, or Option 3 for the City of Buda's portion of funding needed for Phase 1B of the water pipeline project.

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ALLIANCE REGIONAL WATER AUTHORITY FORMERLY KNOWN AS: HAYS CALDWELL PUBLIC UTILITY AGENCY BUDA CITY COUNCIL

PH A SE 1 B F IN A N C ING G R A H A M M O OR E, PE – EXEC U T IVE D IR EC TO R J U LY 5 , 2 0 1 7

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UPDATES • Conversion to Alliance Regional Water Authority effective as of June 15th Phase 1A Updates: • Segment A (Red Line) – Bid in August • Pump Station (Blue Trapezoid) – Bid in September • Segment B (Yellow Line) – ROW Acquisition Ongoing; • All Sponsors are not-for-profit Bid in December cities or water companies

• Water Sharing ALLIANCE REGIONAL WATER AUTHORITY

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REQUIRED INFRASTRUCTURE

ALLIANCE REGIONAL WATER AUTHORITY ALLIANCE REGIONAL WATER AUTHORITY

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TIMELINE AND COST ESTIMATES Phase

Delivered Water (ac-ft/yr)

Cost (Million)

Delivery Starts

Phase 1A (Kyle-Buda Facilities)

0 Carrizo; shared water until 2023

$12

2018

Phase 1B

5,488

$213

2023

Phase 1C (Wells & Treatment Only)

4,697

$14

2027

Phase 1D (Wells & Treatment Only)

4,815

$14

2030

Phase 1 Sub-Total

15,000

$213

Phase 2

20,560

$137

TOTAL (Phase 1 + Phase 2)

2038

$350

• Costs and dates are estimates at this stage. ALLIANCE REGIONAL WATER AUTHORITY ALLIANCE REGIONAL WATER AUTHORITY

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PHASE 1B FUNDING • Project shares set by the Water Supply Agreement. • All Sponsors will issue debt through the ARWA. Sponsor

Share of Project Costs

Phase 1B Cost Share*

TOTAL

100%

$213,410,000

Buda

5.08%

$10,855,000

Kyle

28.17%

$60,120,000

San Marcos

35.86%

$76,520,000

Canyon Regional Water Authority

30.89%

$65,915,000

* Rounded up to nearest $5,000

ALLIANCE REGIONAL WATER AUTHORITY

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DEBT SERVICE OPTIONS & PHASING

• Three debt issuances coinciding with project phasing. 2017

2019

2021

Total

$31.93 Million

$85.88 Million

$95.56 Million

$213.4 Million

• Considered more than a dozen different funding options, but focused on: Debt Option

Maximum Annual Debt Service

Total Paid

20-Year Low Interest

$755,000

$14.5 million

30-Year Low Interest

$626,000

$18.4 million

20-Year Low Int / Board Participation

$825,000

$18.2 million

ALLIANCE REGIONAL WATER AUTHORITY

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STATE FUNDING • Texas Water Development Board (TWDB) managing the $2 billion State Water Implementation Fund of Texas (SWIFT) approved by voters in November 2013. • Same fund used by HCPUA in 2015 for Phase 1A for Kyle and CRWA TWDB – SWIFT Rate Subsidy Information Debt Term (yrs)

State Subsidy

SWIFT Subsidized Rate*

Interest Savings**

20

35%

2.60%

$37,677,000

25

25%

3.13%

$36,977,000

30

20%

3.48%

$38,910,000

* Based on current rates plus 50 basis points; actual rate(s) will vary. ** Based on $213 million capital project versus unsubsidized rates. ALLIANCE REGIONAL WATER AUTHORITY ALLIANCE REGIONAL WATER AUTHORITY

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NEXT STEPS • General direction as to the preferred debt service option for continued planning purposes. • TWDB approves the ARWA Financial Application and commits to provide funding (late July) • Approval of the Financing Agreement between the ARWA and TWDB by mid-September stating debt service option. • TWDB sells bonds in mid-October • ARWA closes on loans in late November / early December • 1st Payment (interest only) is made in August 2018

ALLIANCE REGIONAL WATER AUTHORITY ALLIANCE REGIONAL WATER AUTHORITY

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QUESTIONS www.alliancewater.org Graham Moore, P.E. Executive Director (512) 294-3214 [email protected]

ALLIANCE REGIONAL WATER AUTHORITY

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City Council Agenda Item Report Date: Wednesday, July 5, 2017

Agenda Item No. 2017-439Contact: John Nett Subject:

1.

2.

3.

Discussion and possible action regarding the adoption of a Resolution of the City of Buda, Texas, authorizing the City Manager to accept a FEMA Hazard Mitigation Grant Program sub-award from the Texas Department of Environmental Management and to execute all subsequent Grant Agreements associated with HMGP Grant, DR-4245-008, City of Buda Storm Water Drainage Improvement Project (City Engineer John Nett)

Executive Summary Federal Emergency Management Agency (FEMA) Hazard Mitigation Grant Program (HMGP) funds are made available to affected communities after a presidential declared disaster. In response to Texas Disaster Declarations DR-4245 (October 2015 Central Texas flooding) and DR-4255 (December 2015 North Texas winter storms, flooding, and tornadic activity), the City of Buda submitted FEMA HMGP Grant Applications for the Phase I and Phase II Storm Water Drainage Improvement Projects described in the attached Scope of Work. Background/History Mitigation is defined by FEMA as “The long-term or sustained actions taken to reduce or eliminate risk and losses to people and property from natural hazards and their effects”. To support disaster relief, FEMA provides funding to local communities for eligible hazard mitigation projects. Such projects may include drainage improvements, high-hazard dam improvements, flooded structure buy-outs, low water crossing improvements, emergency notification systems, and similar projects that are addressed in a community's adopted Hazard Mitigation Action Plan.

Staff's review and analysis The existing channel (an unnamed tributary to Onion Creek) and culvert crossing at FM 2770 just west of RM 967 are undersized, resulting in backwater effects and flow diversion to the west side of the Buda Fire Station, thereby flooding the

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fire station property and causing storm water to overtop FM 2770. FM 2770 is overtopped by approximately 0.9 feet during the 100-year event, causing flooding in and around the Onion Creek Village Apartment complex, the Watson Hollow Subdivision, and Bluff Street. The proposed new diversion/relief channel will convey surface water run-off west under FM 2770 and into the main stem of Onion Creek. This would reduce flow to existing culverts by splitting the flow in the tributary upstream of the fire station, eliminate overtopping of FM 2770 and mitigate flooding of the noted areas. The Phase I FEMA HMGP Grant project will mitigate existing flooding and promote resiliency of the Buda Fire Station and properties along FM 2770 and Bluff Street. These locations are two of the top ten ranked flooding problems in the City's adopted Drainage Master Plan. 4.

5.

Financial Impact FEMA has approved a sub-grant amount for the archeological study of the Phase I project in the amount of $15,000, with a federal cost share of $11,250 (75%) and a required local cost share $3,750 (25%). The total Phase I storm water drainage improvement project cost estimate included in the City's FEMA HMGP Grant Application is $1,690,631. With full grant award, the federal project share is $1,267,973 (75%) and the local share is $422,658 (25%). Funds for the local cost share are available in the General Obligations Bonds, Series 2016 funds designated for the 2014 Bond Proposition 4 – Drainage Projects. Summary/Conclusion Based on a Texas State Historic Preservation Officer review of the City's Project, FEMA awarded $15,000 for the completion of a required archeological survey as a part of Phase 1 of the Project. Once Texas Historical Commission (THC) reviews a project and finds that an archeological survey is required, a state-licensed archeologist or a school of archeology must conduct an archeological survey and document study findings. If nothing of significance is found, a report is completed giving archeological clearance to the site. If something is found, the study archeologist confers with the THC and mitigation measures are agreed upon. In the worst case scenario, a site cannot be cleared and other arrangements must be made. The Phase I Project proposed for archeological survey is illustrated in the enclosed exhibit, and include those properties impacted by the proposed FM 2770 storm water drainage diversion channel that is part of the 2014 Buda Bond Proposition - Drainage Project Area 1. The required archeological survey of this area is proposed to be completed no later than April 18, 2018.

6.

Pros and Cons Completion of an archeological survey is required for the HMGP Grant Phase I storm drainage improvements project to proceed further and be authorized for full grant award by FEMA and TDEM. If approved by the City Council, Staff and the City Attorney's Office will complete negotiation of terms of agreement with TDEM, and forward the sub-award agreement and any subsequent grant

34

7. 8.

agreements to the City Manager for execution. Alternatives Recommendation Staff recommends that City Council agree to accept the HMGP grant sub-award from TDEM, allow the City Attorney to negotiate the City's terms of agreement with TDEM, and authorize the City Manager to execute all Agreements associated with FEMA HMGP Grant, DR-4245-008, City of Buda Storm Water Drainage Improvement Project and, further, that the City Manager is expressly authorized to approve any and all change orders to TDEM contracts or any supplemental agreements within the limits set by federal, state, and local law.

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RESOLUTION NO. 2017-R-__

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BUDA, TEXAS AUTHORIZING THE CITY MANAGER TO ACCEPT A FEMA HAZARD MITIGATION GRANT PROGRAM SUB-AWARD FROM THE TEXAS DEPARTMENT OF ENVIRONMENTAL MANAGEMENT AND TO EXECUTE ALL SUBSEQUENT GRANT AGREEMENTS ASSOCIATED WITH HMGP GRANT, DR-4245-008, CITY OF BUDA STORM WATER DRAINAGE IMPROVEMENT PROJECT; AND DECLARING AN EFFECTIVE DATE. WHEREAS, the City of Buda (“City”) City Council approved Resolution 2016-R-12 on June 7, 2016, authorizing submittal of a FEMA Hazard Mitigation Grant Program (HMGP) application in response to Federal Disaster Declarations DR-4245 and DR-4255 in the State of Texas; and WHEREAS, the City’s FEMA HMGP Grant Applications outline two phases of proposed storm water drainage improvement projects; WHEREAS, the proposed Phase I and Phase II HMGP Grant Projects are supported by the Hays County Hazard Mitigation Plan and the City’s Annex to this Plan; and WHEREAS, the City recently received notice of a grant sub-award for the archeological survey portion of the Phase I project in a letter from the Texas Department of Environmental Management (TDEM) dated April 26, 2017; and WHEREAS, the TDEM has requested that the City accept the scope of the sub-award, as well as grant terms and conditions established by TDEM; and WHEREAS, the City anticipates subsequent notification and funding by FEMA for the full Phase I project with additional contractual Agreements; and WHEREAS, the City finds that this Resolution was adopted at a meeting of the Buda City Council that was held in strict compliance with the Texas Open Meetings Act at which a quorum of the City Council Members were present and voting; NOW, THEREFORE, IT IS HEREBY RESOLVED by the City Council of the City of Buda, Texas that: Section 1. That the City agrees to accept the FEMA HMGP sub-award from TDEM; and Section 2. The City Attorney is authorized to negotiate the terms of agreement with TDEM; and.

36 1

Section 3. The City Manager is authorized to execute all Agreements associated with FEMA HMGP Grant, DR-4245-008, City of Buda Storm Water Drainage Improvement Project and, further, that City Manager is expressly authorized to approve any and all change orders to TDEM contracts or any supplemental agreements within the limits set by federal, state, and local law. DULY PASSED and APPROVED, on the 5th day of July, 2017.

CITY OF BUDA, TEXAS

____________________________________ Todd Ruge, Mayor

ATTEST:

______________________________ Alicia Ramirez, City Secretary

37 2

EXHIBIT “A”

HMGP Grant, DR-4245-008, City of Buda Drainage Improvement Project – TDEM Sub-Award and Agreement

38 3

39

40

GRANT TERMS AND CONDITIONS This Grant Agreement (consisting of FEMA Disaster Award and these Terms and Conditions) is made and entered into by and between the Department of Public Safety / Texas Division of Emergency Management, an agency of the State of Texas, hereinafter referred to as "DPS/TDEM," and the funds recipient, hereinafter referred to as the "Applicant” or “Subrecipient.” Furthermore, DPS/TDEM and the Subrecipient are collectively hereinafter referred to as the “Parties.” Subrecipient may not assign or transfer any interest in this Grant without the express, prior written consent of DPS/TDEM. If Subrecipient issues subawards as part of this Grant project, Subrecipient shall include and require its subawardees to comply with the terms and conditions of this Grant. The term "Subrecipient agreement funds" as used in this Grant means funds provided by DPS/TDEM under the United States Department of Homeland Security (DHS) Federal Emergency Management Agency (FEMA) grant programs (also referred to herein as DHS/FEMA). The term "Subrecipient's funds" or match funds as used in this Grant means funds provided by the Subrecipient. A. Standard of Performance. Subrecipient shall perform all activities as approved by DPS/TDEM. Any change to a project shall receive prior written approval by TDEM and, if required, by FEMA. Subrecipient shall perform all activities in accordance with all terms, provisions and requirements set forth in this Grant, including but not limited to the following Exhibits: 1. Assurances – Non-Construction Programs, hereinafter referred to as “Exhibit A” 2. Assurances – Construction Programs, hereinafter referred to as “Exhibit B” 3. Certifications for Grant Agreements, hereinafter referred to as “Exhibit C” 4. State of Texas Assurances, hereinafter referred to as “Exhibit D” 5. Environmental Review Certification, hereinafter referred to as “Exhibit E” 6. Additional Grant Conditions, hereinafter referred to as “Exhibit F” 7. Additional Grant Certifications, hereinafter referred to as “Exhibit G” B. Failure to Perform. In the event Subrecipient fails to implement the project(s) entered and approved in the DPS/TDEM web-based grants management system, or comply with any provision of this Grant, Subrecipient shall be liable to DPS/TDEM for an amount not to exceed the award amount of this Grant and may be barred from applying for or receiving additional DHS/FEMA grant program funds or any other grant program funds administered by DPS until repayment to DPS/TDEM is made and any other compliance or audit finding is satisfactorily resolved, in addition to any other remedy specified in this Grant. Failure to timely implement projects may reduce future funding in additional DHS/FEMA and/or other grant programs administered by DPS. C. Funding Obligations. DPS/TDEM shall not be liable to Subrecipient for any costs incurred by Subrecipient that are not allowable costs. 1. Notwithstanding any other provision of this Grant, the total of all payments and other obligations incurred by DPS/TDEM under this Grant shall not exceed the Total Award Amount listed on the Grant Subrecipient Award. 2. Subrecipient shall contribute the match funds listed on the Grant Subrecipient Award. 3. Subrecipient shall refund to DPS/TDEM any sum of these Grant funds that has been determined by DPS/TDEM to be an overpayment to Subrecipient or that DPS/TDEM Page 1 of 18 TDEM - August 11, 2015

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determines has not been spent by Subrecipient in accordance with this Grant. No refund payment(s) shall be made from local, state or federal Grant funds unless repayment with Grant funds is specifically permitted by statute or regulation. Subrecipient shall make such refund to DPS/TDEM within thirty (30) calendar days after 4. DPS/TDEM requests such refund. D. Performance Period. The performance period for this Grant is listed on the Grant Subrecipient Award letter. All projects shall be completed within the performance period AND all reimbursement requests shall be submitted to DPS/TDEM within 60 days for the end of the performance period. Subrecipient shall have expended all Grant funds and submitted reimbursement requests, invoices and any supporting documentation to DPS/TDEM within 60 days of the end of the performance period. DPS/TDEM shall not be obligated to reimburse expenses incurred after the performance period or submitted after the deadline. E. Uniform Administrative Requirements, Cost Principals and Audit Requirements. Except as specifically modified by law or this Grant, Subrecipient shall administer this Grant through compliance with the most recent version of all applicable laws and regulations, including but not limited to DHS program legislation, Federal awarding agency regulations, and the terms and conditions of this Grant. A non-exclusive list is provided below [not all may apply in every projects]:  Public Law 93-288, as amended (Stafford Act)  44 CFR, Emergency Management and Assistance  Disaster Mitigation Act of 2000  OMB Regulations 2 CFR, Grant and Agreements  Executive Order 11988, Floodplain Management  Executive Order 11990, Protection of Wetlands  Executive Order 12372, Intergovernmental Review of Programs and Activities  Executive Order 12549, Debarment and Suspension  Executive Order 12612, Federalism  Executive Order 12699, Seismic Design  Executive Order 12898, Environmental Justice  Coastal Barrier Resources Act, Public Law 97-348  Single Audit Act, Public Law 98-502  Sandy Recovery Improvement Act publications  16 U.S.C. § 470, National Historic Preservation Act  16 U.S.C. § 1531, Endangered Species Act References  FEMA program publications, guidance and policies F. State Requirements for Grants. Subrecipient shall comply with all other federal, state, and local laws and regulations applicable to this Grant including but not limited to the laws and the regulations promulgated in Texas Government Code, Chapter 783, Uniform Grant and Contract Management, (UGMS) at: http://www.window.state.tx.us/procurement/catrad/ugms.pdf and the program State Administrative Plan, available at: http://www.txdps.state.tx.us/dem/GrantsResources/index.htm. Subrecipient shall, in addition to the assurances and certifications, comply and require each of its subcontractors employed in the completion of the project to comply with all applicable

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statutes, regulations, executive orders, OMB circulars, terms and conditions of this Grant and the approved application. Grant funds may not be awarded to or expended by any entity which performs political polling. This prohibition does not apply to a poll conducted by an academic institution as part of the institution’s academic mission that is not conducted for the benefit of a particular candidate or party. Grant funds may not be expended by a unit of local government unless the following limitations and reporting requirements are satisfied: 1. Texas General Appropriations Act, Art. IX, Parts 2 and 3, except there is no requirement for increased salaries for local government employees; 2. Texas Government Code Sections 556.004, 556.005, and 556.006, which prohibits using any money or vehicle to support the candidacy of any person for office, influencing positively or negatively the payment, loan, or gift to a person or political organization for a political purpose, and using Grant funds to influence the passage or defeat of legislation including not assisting with the funding of a lobbyist, or using Grant funds to pay dues to an organization with a registered lobbyist; 3. Texas Government Code Sections 2113.012 and 2113.101, which prohibits using Grant funds to compensate any employee who uses alcoholic beverages on active duty and Subrecipient may not use Grant funds to purchase an alcoholic beverage and may not pay or reimburse any travel expense for an alcoholic beverage; 4. Texas General Appropriations Act, Art. IX, Section 6.13, which requires Subrecipient to make every effort to attain key performance target levels associated with this Grant, including performance milestones, milestone time frames, and related performance reporting requirements; and 5. General Appropriations Act, Art. IX, Sections 7.01 and 7.02, and Texas Government Code §2102.0091, which requires that this Grant may only be expended if Subrecipient timely completes and files its reports. G. Restrictions and General Conditions. 1. Use of Funds. DHS/FEMA Grant funds may only be used for the purposes set forth in this Grant, and shall be consistent with the statutory authority for this Grant. Grant funds may not be used for matching funds for other Federal grants/cooperative agreements, lobbying, or intervention in Federal regulatory or adjudicatory proceedings. In addition, Federal funds may not be used to sue the Federal government or any other government entity. 2. Federal Employee Prohibition. Federal employees are prohibited from serving in any capacity (paid or unpaid) on any proposal submitted under this Grant. Federal employees may not receive funds under this Grant. 3. Points of Contacts. Within 30 calendar days of any change, Subrecipient shall notify DPS/TDEM of any change or correction to the Designation of Applicant’s Agent, chief elected official, program, and/or financial points of contact in the DPS/TDEM grant management system. 4. DUNS Number. Subrecipient confirms its Data Universal Numbering Systems (DUNS) Number is the number listed on this Grant. The DUNS Number is the nine digit number established and assigned by Dun and Bradstreet, Inc., at 866/705-5711 or http://fedgov.dnb.com/webform 5. Central Contractor Registration and Universal Identifier Requirements. Subrecipient maintains that it has registered on the System for Award Management (SAM) at Page 3 of 18 TDEM - August 11, 2015

43

www.sam.gov or other federally established site for contractor registration, and entered DPS/TDEM-required information. Subrecipient shall keep current, and then review and update the information at least annually. Subrecipient shall keep information current in the SAM database until the later of when it submits this Grant's final financial report or receives final Grant award payment. Subrecipient agrees that it shall not make any subaward agreement or contract related to this Grant without first obtaining the vendor/subawardee's mandatory DUNS number. See Section §200.32 of OMB 2 C.F.R. 6. Reporting Total Compensation of Subrecipient Executives. 2 C.F.R. §200.331; see FEMA Information Bulletin 350. a. Applicability and what to report: Subrecipient shall report whether Subrecipient received $25 million or more in Federal procurement contracts or financial assistance subject to the Transparency Act per 2 C.F.R. §200.331. Subrecipient shall report whether 80% or more of Subrecipient’s annual gross revenues were from Federal procurement contracts or Federal financial assistance. If Subrecipient answers “yes” to both questions, Subrecipient shall report, along with Subrecipient's DUNS number, the names and total compensation (see 17 C.F.R. §229.402(c)(2)) for each of Subrecipient’s five most highly compensated executives for the preceding completed fiscal year. b. Where and when to report: Subrecipient shall report executive total compensation at www.sam.gov or other federally established replacement site. By signing this Grant, Subrecipient certifies that, if required, Subrecipient's jurisdiction has already registered, entered the required information, and shall keep information in the SAM database current, and update the information at least annually for each year until the later of when the jurisdiction submits its final financial report or receives final payment. Subrecipient agrees that it shall not make any subaward agreement or contract without first obtaining the subawardee's mandatory DUNS number. 7. Debarment and Suspension. Subrecipient shall comply with Executive Order 12549 and 12689, which provide protection against waste, fraud, and abuse by debarring or suspending those persons deemed irresponsible in their dealings with the Federal government. 8. Direct Deposit. If Subrecipient has not received reimbursements from DPS/TDEM within the past eleven (11) months (prior to date of award), it shall forward a new/updated direct deposit form to DPS/TDEM. Completed direct deposit forms from Subrecipient shall be emailed to TDEM project officer. The email subject line and attachment name shall include the subrecipient name and identify the document attached (i.e. “Sample County DD form”). The direct deposit form is currently available at http://www.window.state.tx.us/taxinfo/taxforms/74-176.pdf. 9. Property Management and Inventory. Subrecipient shall maintain property/inventory records which, at minimum, shall include a description of the property, a serial number or other identification number, the source of property, who holds title, the acquisition date, the cost of the property, the percentage of Federal participation in the cost of the property, the location, use and condition of the property, and any ultimate disposition data including the date of disposal and sale price of the property Subrecipient shall develop and implement a control system to prevent loss, damage or theft of property and Subrecipient shall investigate and document any loss, damage or theft of property funded under this Grant. 10. Site Visits. DHS and/or DPS/TDEM, through its authorized representatives, have the right at all reasonable times to make site visits to review project accomplishments and management control systems and to provide such technical assistance as may be required. If any site visit is made by DHS on the premises of Subrecipient or a contractor under this Grant, Subrecipient shall provide and shall require its contractors to provide

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all reasonable facilities and assistance for the safety and convenience of the government representatives in the performance of their duties. All site visits and evaluations shall be performed in such a manner that will not unduly delay the work. H. Procurement and Contracting. 1. Procurements. Subrecipient shall comply with all applicable federal, state, and local laws and requirements, including but not limited to proper competitive solicitation processes where required, for any procurement which utilizes federal funds awarded under this Grant in accordance with 2 C.F.R. 200. 318 2. Contract Provisions. All contracts executed using funds awarded under this Grant shall contain the contract provisions listed under 2 C.F.R. 200.326 and Appendix II (A), Uniform Administrative Requirements for Grants and Cooperative Agreements to State and Local Governments. 3. Procurement activities must follow the most restrictive of Federal, State and Local procurement regulations: a. Procurement by micro purchase b. Procurement by small purchase c. Procurement by sealed bid d. Procurement by competitive proposal e. Procurement by non-competitive proposal, solely when the award of a contract is unfeasible under the other methods The State must be contacted for approval to use a noncompetitive procurement method. Failure to follow eligible procurement methods will result in ineligible costs. Other types of agreements for services must have State approval prior to use or execution. A copy of the local procurement policy must be provided to the State before initial payment. The cost plus a percentage of cost and percentage of construction cost methods of contracting are ineligible. Must perform cost/price analysis for purchases over $3000. Must negotiate profit as a separate element where required. 4. Evidence of non-debarment for vendors must be documented through http://www.sam.gov/portal/public/SAM and http://www.window.state.tx.us/procurement/prog/vendor_performance/debarred/ and submitted for review. 5. Comply with rules related to underutilized businesses (small and minority businesses, women’s enterprises and labor surplus firms) at 2 CFR 200.321 I.

Monitoring. Subrecipient will be monitored periodically by federal, state or local entities, both programmatically and financially, to ensure that project goals, objectives, performance requirements, timelines, milestone completion, budget, and other program-related criteria are met. DPS/TDEM, or its authorized representative, reserves the right to perform periodic desk/office-based and/or on-site monitoring of Subrecipient's compliance with this Grant and of the adequacy and timeliness of Subrecipient's performance pursuant to this Grant. After each monitoring visit, DPS/TDEM shall provide Subrecipient with a written report of the monitor's findings. If the monitoring report notes deficiencies in Subrecipient's performance

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under this Grant, the monitoring report shall include requirements for the timely correction of such deficiencies by Subrecipient. Failure by Subrecipient to take action specified in the monitoring report may be cause for suspension or termination of this Grant pursuant to the Suspension and/or Termination Section herein. J. Audit. 1. Audit of Federal and State Funds. Subrecipient shall arrange for the performance of an annual financial and compliance audit of funds received and performances rendered under this Grant as required by the Single Audit Act (OMB 2 C.F.R. 200.501, formerly A133). Subrecipient shall comply, as applicable, with Texas Government Code, Chapter 783, the Uniform Grant Management Standards (UGMS), the State Uniform Administrative Requirements for Grants and Cooperative Agreements. 2. Right to Audit. Subrecipient shall give the United States Department of Homeland Security (DHS), Federal Emergency Management Agency (FEMA), the Comptroller General of the United States, the Texas State Auditor, DPS/TDEM, or any of their duly authorized representatives, access to and the right to conduct a financial or compliance audit of Grant funds received and performances rendered under this Grant. Subrecipient shall permit DPS/TDEM or its authorized representative to audit Subrecipient’s records. Subrecipient shall provide any documents, materials or information necessary to facilitate such audit. 3. Subrecipient’s Liability for Disallowed Costs. Subrecipient understands and agrees that it shall be liable to DPS/TDEM for any costs disallowed pursuant to any financial or compliance audit(s) of these funds. Subrecipient further understands and agrees that reimbursement to DPS/TDEM of such disallowed costs shall be paid by Subrecipient from funds that were not provided or otherwise made available to Subrecipient pursuant to this Grant or any other federal contract. 4. Subrecipient’s Facilitation of Audit. Subrecipient shall take such action to facilitate the performance of such audit(s) conducted pursuant to this Section as DPS/TDEM may require of Subrecipient. Subrecipient shall ensure that this clause concerning the authority to audit funds received indirectly by subcontractors through Subrecipient and the requirement to cooperate is included in any subcontract it awards. 5. State Auditor’s Clause. Subrecipient understands that acceptance of funds under this Grant acts as acceptance of the authority of the State Auditor’s Office to conduct an audit or investigation in connection with those funds. Subrecipient further agrees to cooperate fully with the State Auditor’s Office in the conduct of the audit or investigation, including providing all records requested. Subrecipient shall ensure that this clause concerning the State Auditor’s Office’s authority to audit funds and the requirement to cooperate fully with the State Auditor’s Office is included in any subgrants or subcontracts it awards. Additionally, the State Auditor’s Office shall at any time have access to and the rights to examine, audit, excerpt, and transcribe any pertinent books, documents, working papers, and records of Subrecipient relating to this Grant.

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K. Retention and Accessibility of Records. 1. Retention of Records. Subrecipient shall maintain fiscal records and supporting documentation for all expenditures of this Grant’s funds pursuant to the applicable OMB 2 C.F.R. Subpart D – Post Federal Award Requirements, of Part 200 UGMS § .42, and this Grant. Subrecipient shall retain these records and any supporting documentation for a minimum of three (3) years from the later of the completion of this project's public objective, submission of the final expenditure report, any litigation, dispute, or audit. Records shall be retained for three (3) years after any real estate or equipment final disposition. The DHS or DPS/TDEM may direct Subrecipient to retain documents or to transfer certain records to DHS custody when DHS determines that the records possess long term retention value. 2. Access to Records. Subrecipient shall give the United States Department of Homeland Security, the Comptroller General of the United States, the Texas State Auditor, DPS/TDEM, or any of its duly authorized representatives, access to and the right to examine all books, accounts, records, reports, files, other papers, things or property belonging to or in use by Subrecipient pertaining to this Grant including records concerning the past use of DHS/FEMA funds. Such rights to access shall continue as long as the records are retained by Subrecipient. L. Changes, Amendments, Suspension or Termination 1. Modification. FEMA or DPS/TDEM may modify this Grant after an award has been made. Once notification has been made in writing, any subsequent request for funds indicates Subrecipient’s acceptance of the changes to this Grant. Any alteration, addition, or deletion to this Grant by Subrecipient is not valid. 2. Effect of Changes in Federal and State Laws. Any alterations, additions, or deletions to this Grant that are required by changes in federal and state laws, regulations or policy are automatically incorporated into this Grant without written amendment to this Grant and shall become effective upon the date designated by such law or regulation. In the event FEMA or DPS/TDEM determines that changes are necessary to this Grant after an award has been made, including changes to the period of performance or terms and conditions, Subrecipient shall be notified of the changes in writing. Once notification has been made, any subsequent request for funds will indicate Subrecipient’s acceptance of the changes to this Grant. 3. Suspension. In the event Subrecipient fails to comply with any term of this Grant, DPS/TDEM may, upon written notification to Subrecipient, suspend this Grant, in whole or in part, withhold payments to Subrecipient and prohibit Subrecipient from incurring additional obligations of this Grant’s funds. 4. Termination. DPS/TDEM shall have the right to terminate this Grant, in whole or in part, at any time before the end of the Performance Period, if DPS/TDEM determines that Subrecipient has failed to comply with any term of this Grant. DPS/TDEM shall provide written notice of the termination and include: a. The reason(s) for such termination; b. The effective date of such termination; and c. In the case of partial termination, the portion of this Grant to be terminated. d. Appeal may be made to the Deputy Assistant Director of Texas Division of Emergency Management- Recovery Mitigation and Standards, Texas Department of Public Safety. M. Enforcement. If Subrecipient materially fails to comply with any term of this Grant, whether stated in a federal or state statute or regulation, an assurance, in a state plan or application,

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a notice of award, or elsewhere, DPS/TDEM or DHS may take one or more of the following actions, as appropriate in the circumstances: 1. Increased monitoring of projects and require additional financial and performance

reports 2. Require payments as reimbursements rather than advance payments 3. Temporarily withhold payments pending correction of the deficiency 4. Disallow or deny use of funds and matching credit for all or part of the cost of the

activity or action not in compliance; 5. Request FEMA to wholly or partially de-obligate funding for a project 6. Temporarily withhold cash payments pending correction of the deficiency by

subrecipient or more severe enforcement action by DPS/TDEM or DHS; 7. Withhold further awards for the grant program 8. Take other remedies that may be legally available In taking an enforcement action, DPS/TDEM will provide Subrecipient an opportunity for a hearing, appeal, or other administrative proceeding to which Subrecipient is entitled under any statute or regulation applicable to the action involved. The costs of Subrecipient resulting from obligations incurred by Subrecipient during a suspension or after termination of this Grant are not allowable unless DPS/TDEM or DHS expressly authorizes them in the notice of suspension or termination or subsequently. Other Subrecipient costs during suspension or after termination which are necessary and not reasonably avoidable are allowable if:  The costs result from obligations which were properly incurred by Subrecipient before the effective date of suspension or termination, are not in anticipation of it, and in the case of a termination, are non-cancellable; and  The costs would be allowable if this Grant were not suspended or expired normally at the end of the funding period in which the termination takes effects. The enforcement remedies identified in this section, including suspension and termination, do not preclude Subrecipient from being subject to “Debarment and Suspension” under E.O. 12549. 2 C.F.R., Appendix II to Part 200, (I). N. Conflicts of Interest. The subrecipient will maintain written standards of conduct covering conflicts of interest and governing the actions of its employees engaged in the selection, award and administration of contracts and will establish safeguards to prohibit employees from using their positions for a purpose that constitutes or presents the appearance of personal or organizational conflict of interest or personal gain. O. Closing of this Grant. DPS/TDEM will close a subaward after receiving all required final documentation from the Subrecipient. If the close out review and reconciliation indicates that Subrecipient is owed additional funds, DPS/TDEM will send the final payment automatically to Subrecipient. If Subrecipient did not use all the funds received, DPS/TDEM will recover the unused funds. At the completion of Subrecipient’s performance period, DPS/TDEM will de-obligate all uncommitted funds and de-obligate all unexpended funds if final documentation is not received by the deadline. The closeout of this Grant does not affect: Page 8 of 18 TDEM - August 11, 2015

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1. DHS or DPS/TDEM’s right to disallow costs and recover funds on the basis of a later audit or other review; 2. Subrecipient’s obligation to return any funds due as a result of later refunds, corrections, or other transactions; 3. Records retention requirements, property management requirements, and audit requirements, as set forth herein; and 4. Any other provisions of this Grant that impose continuing obligations on Subrecipient or that govern the rights and limitations of the parties to this Grant after the expiration or termination of this Grant.

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EXHIBIT A ASSURANCES - NON-CONSTRUCTION PROGRAMS See Standard Form 424B As the duly authorized representative of Subrecipient, I certify that Subrecipient: 1.

Has the legal authority to apply for Federal assistance and the institutional, managerial and financial capability (including funds sufficient to pay the nonFederal share of project cost) to ensure proper planning, management and completion of the project described in this Grant.

2.

Will give the Department of Homeland Security, the Department of Public Safety, the Comptroller General of the United States and, if appropriate, the State, through any authorized representative, access to and the right to examine all records, books, papers, or documents related to this Grant and will establish a proper accounting system in accordance with generally accepted accounting standards or agency directives.

3.

Will establish safeguards to prohibit employees from using their positions for a purpose that constitutes or presents the appearance of personal or organizational conflict of interest or personal gain.

4.

Will initiate and complete the work within the applicable time frame after receipt of approval of the awarding agency.

5.

Will comply with the Intergovernmental Personnel Act of 1970 (42 U.S.C. §§4728-4763) relating to prescribed standards for merit systems for programs funded under one of the 19 statutes or regulations specified in Appendix A of OPM's Standards for a Merit System of Personnel Administration (5 C.F.R. 900, Subpart F).

6.

7.

8.

Will comply with all Federal statutes relating to nondiscrimination. These include but are not limited to: (a) Title VI of the Civil Rights Act of 1964 (P.L. 88-352) which prohibits discrimination on the basis of race, color or national origin; (b) Title IX of the Education Amendments of 1972, as amended (20 U.S.C. §§1681-1683, and 1685-1686 and 44 C.F.R. Part 19), which prohibits discrimination on the basis of sex; (c) Section 504 of the Rehabilitation Act of 1973, as amended (29 U.S.C. §794), which prohibits discrimination on the basis of handicaps; (d) the Age Discrimination Act of 1975, as amended (42 U.S.C. §§6101-6107), which prohibits discrimination on the basis of age; (e) the Drug Abuse Office and Treatment Act of 1972 (P.L. 92-255), as amended, relating to nondiscrimination on the basis of drug abuse; (f) the Comprehensive Alcohol Abuse and Alcoholism Prevention, Treatment and Rehabilitation Act of 1970 (P.L. 91-616), as amended, relating to nondiscrimination on the basis of alcohol abuse or alcoholism; (g) §§523 and 527 of the Public Health Service Act of 1912 (42 U.S.C. §§290dd-3 and 290ee-3), as amended, relating to confidentiality of alcohol and drug abuse patient records; (h) Title VIII of the Civil Rights Act of 1968 (42 U.S.C. §§3601 et seq.), as amended, relating to nondiscrimination in the sale, rental or financing of housing; (i) any other nondiscrimination provisions in the specific statute(s) under which agreement for Federal assistance is being made; and (j) the requirements of any other nondiscrimination statute(s) which may apply to the application. Will comply or has already complied with the requirements of Titles II and III of the Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970 (P.L. 91-646) which provide for fair and equitable treatment of persons displaced or whose property is acquired as a result of Federal or federally-assisted programs. These requirements apply to all interests in real property acquired for project purposes regardless of Federal participation in purchases. Will comply, as applicable, with provisions of the Hatch Act (5 U.S.C. §§15011508 and 7324-7328) which limit the political activities of employees whose principal employment activities are funded in whole or in part with Federal funds.

9.

Will comply, as applicable, with the provisions of the Davis-Bacon Act (40 U.S.C. §§276a to 276a-7), the Copeland Act (40 U.S.C. §276c and 18 U.S.C. §874), and the Contract Work Hours and Safety Standards Act (40 U.S.C. §§327-333), regarding labor standards for federally-assisted construction sub-agreements.

10.

Will comply, if applicable, with flood insurance purchase requirements of Section 102(a) of the Flood Disaster Protection Act of 1973 (P.L. 93-234) which requires recipients in a special flood hazard area to participate in the program and to purchase flood insurance if the total cost of insurable construction and acquisition is $10,000 or more.

amended by 42 U.S.C. 4311 et seq. and Executive Order (EO) 11514) which establishes national policy goals and procedures to protect and enhance the environment, including protection against natural disasters. To comply with NEPA for DHS grant-supported activities, DHS-FEMA requires the environmental aspects to be reviewed and evaluated before final action on the application; (b) notification of violating facilities pursuant to EO 11738; (c) protection of wetlands pursuant to EO 11990; (d) evaluation of flood hazards in floodplains in accordance with EO 11988; (e) assurance of project consistency with the approved State management program developed under the Coastal Zone Management Act of 1972 (16 U.S.C. §§1451 et seq.); (f) comply with the Clean Air Act of 1977, (42 U.S.C. §§7401 et seq. and Executive Order 11738) providing for the protection of and enhancement of the quality of the nation’s air resources to promote public health and welfare and for restoring and maintaining the chemical, physical, and biological integrity of the nation’s waters; (g) protection of underground sources of drinking water under the Safe Drinking Water Act of 1974, as amended (P.L. 93-523); and, (h) protection of endangered species under the Endangered Species Act of 1973, as amended (P.L. 93- 205). 12. Will comply with the Wild and Scenic Rivers Act of 1968 (16 U.S.C. §§1271 et seq.) related to protecting components or potential components of the national wild and scenic rivers system. 13. Will assist the awarding agency in assuring compliance with Section 106 of the National Historic Preservation Act of 1966, as amended (16 U.S.C. §470), EO 11593 (identification and protection of historic properties), and the Archaeological and Historic Preservation Act of 1974 (16 U.S.C. §§469a-1 et seq.). 14. Will comply with P.L. 93-348, 45 C.F.R. 46, and DHS Management Directive 026-044 (Directive) regarding the protection of human subjects involved in research, development, and related activities supported by this Grant. “Research” means a systematic investigation, including research, development, testing, and evaluation designed to develop or contribute to general knowledge. See Directive for additional provisions for including humans in the womb, pregnant women, and neonates (Subpart B); prisoners (Subpart C); and children (Subpart D). See also state and local law for research using autopsy materials. 15. Will comply with the Laboratory Animal Welfare Act of 1966 (P.L. 89-544, as amended, 7 U.S.C. §§2131 et seq.) which requires the minimum standards of care and treatment for vertebrate animals bred for commercial sale, used in research, transported commercially, or exhibited to the public according to the Guide for Care and Use of Laboratory Animals and Public Health Service Policy and Government Principals Regarding the Care and Use of Animals. 16. Will comply with the Lead-Based Paint Poisoning Prevention Act (42 U.S.C. §§4801 et seq.) which prohibits the use of lead-based paint in construction or rehabilitation of residence structures. 17. Will cause to be performed the required financial and compliance audits in accordance with the Single Audit Act Amendments of 1996 and OMB Circular No. A-133 (now OMB 2 C.F.R. 200.500), "Audits of States, Local Governments, and Non-Profit Organizations." 18.

Will comply with all applicable requirements of all other Federal laws, executive orders, regulations, grant guidance, and policies governing this Grant.

11. Will comply with environmental standards which may be prescribed pursuant to the following: (a) institution of environmental quality control measures under the National Environmental Policy Act of 1969 (P.L. 91-190 as

50 Page 10 of 18

TDEM - August 11, 2015

EXHIBIT B ASSURANCES - CONSTRUCTION PROGRAMS See Standard Form 424D As the duly authorized representative of Subrecipient, I certify that Subrecipient: 1.

2.

3.

4.

5.

Has the legal authority to apply for Federal assistance, and the institutional, managerial and financial capability (including funds sufficient to pay the non-Federal share of project costs) to ensure proper planning, management and completion of project described in this Grant. Will give the Department of Homeland Security, the Department of Public Safety, the Comptroller General of the United States and, if appropriate, the State, the right to examine all records, books, papers, or documents related to this Grant and will establish a proper accounting system in accordance with generally accepted accounting standards or agency directives. Will not dispose of, modify the use of, or change the terms of the real property title or other interest in the site and facilities without permission and instructions from the awarding agency. Will record the Federal awarding agency directives and will include a covenant in the title of real property acquired in whole or in part with Federal assistance funds to assure nondiscrimination during the useful life of this Grant. Will comply with the requirements of the assistance awarding agency with regard to the drafting, review and approval of construction plans and specifications. Will provide and maintain competent and adequate engineering supervision at the construction site to ensure that the complete work conforms with the approved plans and specifications and will furnish progressive reports and such other information as may be required by the awarding agency or State.

6.

Will initiate and complete the work within the applicable time frame after receipt of approval of the awarding agency.

7.

Will establish safeguards to prohibit employees from using their positions for a purpose that constitutes or presents the appearance of personal or organizational conflict of interest or personal gain.

8.

Will comply with the Intergovernmental Personnel Act of 1970 (42 U.S.C. §§4728-4763) relating to prescribed standards of merit systems for programs funded under one of the 19 statutes or regulations specified in Appendix A of OPM's Standards for a Merit System of Personnel Administration (5 C.F.R. 900, Subpart F).

9.

Will comply with the Lead-Based Paint Poisoning Prevention Act (42 U.S.C. §§4801 et seq.) which prohibits the use of lead-based paint in construction or rehabilitation of residence structures.

10. Will comply with all Federal statutes relating to nondiscrimination. These include but are not limited to: (a) Title VI of the Civil Rights Act of 1964 (P.L. 88-352) which prohibits discrimination on the basis of race, color or national origin; (b) Title IX of the Education Amendments of 1972, as amended (20 U.S.C. §§1681 1683, and 1685-1686 and 44 C.F.R. Part 19), which prohibits discrimination on the basis of sex; (c) Section 504 of the Rehabilitation Act of 1973, as amended (29) U.S.C. §794), which prohibits discrimination on the basis of handicaps; (d) the Age Discrimination Act of 1975, as amended (42 U.S.C. §§6101-6107), which prohibits discrimination on the basis of age; (e) the Drug Abuse Office and Treatment Act of 1972 (P.L. 92-255), as amended relating to nondiscrimination on the basis of drug abuse; (f) the Comprehensive Alcohol Abuse and Alcoholism Prevention, Treatment and rehabilitation Act of 1970 (P.L. 91-616), as amended, relating to nondiscrimination on the basis of alcohol abuse or alcoholism; (g) §§523 and 527 of the Public Health Service Act of 1912 (42 U.S.C. §§290dd-3 and 290ee-3), as amended, relating to confidentiality of alcohol and drug abuse patient records; (h) Title VIII of the Civil Rights Act of 1968 (42 U.S.C. §§3601 et seq.), as amended, relating to nondiscrimination in the sale, rental or financing of housing; (i) any other nondiscrimination provisions in the specific statue(s) under which agreement for Federal assistance is being made; and (j) the

requirements of any other nondiscrimination statue(s) which may apply to the agreement. 11. Will comply or has already complied with the requirements of Titles II and III of the Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970 (P.L. 91-646) which provide for fair and equitable treatment of persons displaced or whose property is acquired as a result of Federal and federally-assisted programs. These requirements apply to all interests in real property acquired for project purposes regardless of Federal participation in purchases. 12. Will comply with the provisions of the Hatch Act (5 U.S.C. §§1501-1508 and 7324-7328) which limit the political activities of employees whose principal employment activities are funded in whole or in part with Federal funds. 13. Will comply, as applicable, with the provisions of the Davis-Bacon Act (40 U.S.C. §§276a to 276a-7), the Copeland Act (40 U.S.C. §276c and 18 U.S.C. §874), and the Contract Work Hours and Safety Standards Act (40 U.S.C. §§327- 333) regarding labor standards for federallyassisted construction sub-agreements. 14. Will comply with flood insurance purchase requirements of Section 102(a) of the Flood Disaster Protection Act of 1973 (P.L. 93-234) which requires recipients in a special flood hazard area to participate in the program and to purchase flood insurance if the total cost of insurable construction and acquisition is $10,000 or more. 15. Will comply with environmental standards which may be prescribed pursuant to the following: (a) institution of environmental quality control measures under the National Environmental Policy Act of 1969 (P.L. 91- 190) as amended by 42 U.S.C. 4311 et seq. and Executive Order (EO) 11514 which establishes national policy goals and procedures to protect and enhance the environment, including protection against natural disasters; (b) notification of violating facilities pursuant to EO 11738; (c) protection of wetlands pursuant to EO 11990; (d) evaluation of flood hazards in floodplains in accordance with EO 11988; (e) assurance of project consistency with the approved State management program developed under the Coastal Zone Management Act of 1972 (16 U.S.C. §§1451 et seq.); (f) comply with the Clean Air Act of 1977, (42 U.S.C. §§7401 et seq. and Executive Order 11738) providing for the protection of and enhancement of the quality of the nation’s air resources to promote public health and welfare and for restoring and maintaining the chemical, physical, and biological integrity of the nation’s waters; (g) protection of underground sources of drinking water under the Safe Drinking Water Act of 1974, as amended (P.L. 93-523); and, (h) protection of endangered species under the Endangered Species Act of 1973, as amended (P.L. 93-205). 16. Will comply with the Wild and Scenic Rivers Act of 1968 (16 U.S.C. §§1271 et seq.) related to protecting components or potential components of the national wild and scenic rivers system. 17. Will assist the awarding agency in assuring compliance with Section 106 of the National Historic Preservation Act of 1966, as amended (16 U.S.C. §470), EO 11593 (identification and protection of historic properties), and the Archaeological and Historic Preservation Act of 1974 (16 U.S.C. §§469a-1 et seq). 18. Will cause to be performed the required financial and compliance audits in accordance with the Single Audit Act Amendments of 1996 and OMB Circular No. A-133 (now OMB 2 C.F.R. 200.500), "Audits of States, Local Governments, and Non-Profit Organizations." 19. Will comply with all applicable requirements of all other Federal laws, executive orders, regulations, grant guidance and policies governing this Grant.

51 Page 11 of 18 TDEM - August 11, 2015

Exhibit C Certifications for Grant Agreements The undersigned, as the authorized official, certifies the following to the best of his/her knowledge and belief. A.

No Federal appropriated funds have been paid or will be paid by or on behalf of the undersigned to any person for influencing or attempting to influence an officer or employee of an agency, a Member of Congress, an officer or employee of Congress, or an employee or a Member of Congress in connection with the awarding of any Federal contract, the making of any Federal grant, the making of any Federal loan, the entering into of any cooperative agreement, and the extension, continuation, renewal, amendment, or modification of any Federal contract, grant, loan, or cooperative agreement.

B.

If any funds other than Federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee or a Member of Congress in connection with this Federal contract, grant, loan, or cooperative agreement, the undersigned shall complete and submit Standard Form-LLL Disclosure of Lobbying Activities, in accordance with its instructions.

C.

The undersigned shall require that the language of this certification prohibiting lobbying be included in the award documents for all subawards at all tiers (including subcontracts, subgrants, and contracts under grants, loans, and cooperative agreements) and that all subrecipients shall certify and disclose accordingly. This certification is a material representation of fact upon which reliance was placed when this transaction was made or entered into. Submission of this certification is a prerequisite for making or entering into this transaction imposed by Section 1352, Title 31, U.S. Code. Any person who fails to file the required certification shall be subject to a civil penalty of not less than $10,000 and not more than $100,000 for each such failure.

D.

As required by Executive Order 12549, Debarment and Suspension, and implemented at 28 C.F.R. Part 67, for prospective participants in primary covered transactions, as defined at 28 C.F.R. Part 67, Section 67.510. (Federal Certification), the Subrecipient certifies that it and its principals and vendors: 1.

Are not debarred, suspended, proposed for debarment, declared ineligible, sentenced to a denial of Federal benefits by a State or Federal court, or voluntarily excluded from covered transactions by any Federal department or agency. Subrecipient can access debarment information by going to www.sam.gov and the State Debarred Vendor List at: www.window.state.tx.us/procurement/prog/vendor_performance/debarred.

2.

Have not within a three-year period preceding this Grant been convicted of or had a civil judgment rendered against them for commission of fraud or a criminal offense in connection with obtaining, attempting to obtain, or performing a public (Federal, State, or local) transaction or contract under a public transaction, violation of Federal or State antitrust statutes or commission of embezzlement, theft, forgery, bribery, falsification or destruction of records, making false statements, or receiving stolen property;

3.

Are not presently indicted for or otherwise criminally or civilly charged by a governmental entity (Federal, State, or local) with commission of any of the offenses enumerated in paragraph (D)(2) of this certification;

4.

Have not within a three-year period preceding this Grant had one or more public transactions (Federal, State, or local) terminated for cause or default; or

5.

Where Subrecipient is unable to certify to any of the statements in this certification, he or she shall attach an explanation to this Grant. (Federal Certification).

E.

Federal funds will be used to supplement existing funds, and will not replace (supplant) funds that have been appropriated for the same purpose. Subrecipient may be required to supply documentation certifying that a reduction in non-federal resources occurred for reasons other than the receipt or expected receipt of federal funds.

F.

Subrecipient will comply with 2 C.F.R. Part 180, Subpart C as a condition of receiving grant funds and Subrecipient will require such compliance in any subgrants or contract at the next tier.

G

Subrecipient will comply with the Drug-free Workplace Act, as amended, 412 U.S.C. §701 et seq., which requires Subrecipient to publish a statement about its drug-free workplace program and give a copy of the statement to each employee (including consultants and temporary personnel) who will be involved in award-supported activities at any site where these activities will be carried out. Also, places where work is being performed under the award (i.e., street address, city, state, and zip code) must be maintained on file. Subrecipient will notify the Grants Officer of any employee convicted of a violation of a criminal drug statute that occurs in the workplace. For additional information, see 44 C.F.R. Part 17. Subrecipient shall comply with the requirements of the Drug-Free Workplace Act of 1988, which requires that all organizations receiving grants from any Federal agency agree to maintain a drug-free workplace.

H.

Subrecipient is not delinquent on any Federal debt. Examples of relevant debt include delinquent payroll and other taxes, audit disallowances, and benefit overpayments. See OMB Circular A-129 and form SF-424, item number 17 for additional information and guidance.

I.

Subrecipient will comply with all applicable requirements of all other federal laws, executive orders, regulations, program and administrative requirements, policies and any other requirements governing this Grant.

J.

Subrecipient understands that failure to comply with any of the above assurances may result in suspension, termination or reduction of funds in this Grant.

Page 12 of 18 TDEM - August 11, 2015

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EXHIBIT D State of Texas Assurances As the duly authorized representative of Subrecipient, I certify that Subrecipient: 1.

Shall comply with Texas Government Code, Chapter 573, by ensuring that no officer, employee, or member of the Subrecipient’s governing body or of the Subrecipient’s contractor shall vote or confirm the employment of any person related within the second degree of affinity or the third degree of consanguinity to any member of the governing body or to any other officer or employee authorized to employ or supervise such person. This prohibition shall not prohibit the employment of a person who shall have been continuously employed for a period of two years, or such other period stipulated by local law, prior to the election or appointment of the officer, employee, or governing body member related to such person in the prohibited degree.

2.

Shall insure that all information collected, assembled, or maintained by the Subrecipient relative to a project will be available to the public during normal business hours in compliance with Texas Government Code, Chapter 552, unless otherwise expressly prohibited by law.

3.

Shall comply with Texas Government Code, Chapter 551, which requires all regular, special, or called meetings of governmental bodies to be open to the public, except as otherwise provided by law or specifically permitted in the Texas Constitution.

4.

Shall comply with Section 231.006, Texas Family Code, which prohibits payments to a person who is in arrears on child support payments.

5.

Shall not contract with or issue a license, certificate, or permit to the owner, operator, or administrator of a facility if the Subrecipient is a health, human services, public safety, or law enforcement agency and the license, permit, or certificate has been revoked by another health and human services agency or public safety or law enforcement agency.

6.

Shall comply with all rules adopted by the Texas Commission on Law Enforcement pursuant to Chapter 1701, Texas Occupations Code, or shall provide the grantor agency with a certification from the Texas Commission on Law Enforcement that the agency is in the process of achieving compliance with such rules if the Subrecipient is a law enforcement agency regulated by Texas Occupations Code, Chapter 1701.

7.

Shall follow all assurances. When incorporated into a grant award or contract, standard assurances contained in the application package become terms or conditions for receipt of grant funds. Administering state agencies and subrecipients shall maintain an appropriate contract administration system to insure that all terms, conditions, and specifications are met. (See UGMS Section _.36 for additional guidance on contract provisions).

8.

Shall comply with the Texas Family Code, Section 261.101, which requires reporting of all suspected cases of child abuse to local law enforcement authorities and to the Texas Department of Child Protective and Regulatory Services. Subrecipient shall also ensure that all program personnel are properly trained and aware of this requirement.

9.

Shall comply with all federal statutes relating to nondiscrimination. These include but are not limited to: (a) Title VI of the Civil Rights Act of 1964 (P.L. 88-352), which prohibits discrimination on the basis of race, color, or national origin; (b) Title IX of the Education Amendments of 1972, as amended (20 U.S.C. §§1681-1683, and 1685-1686), which prohibits discrimination on the basis of sex; (c) Section 504 of the Rehabilitation Act of 1973, as amended (29 U.S.C. §794), which prohibits discrimination on the basis of handicaps and the Americans with Disabilities Act of 1990 including Titles I, II, and III of the Americans with Disability Act which prohibits recipients from discriminating on the basis of disability in the operation of public entities, public and private transportation systems, places of public accommodation, and certain testing entities, 44 U.S.C. §§ 12101-12213; (d) the Age Discrimination Act of 1974, as amended (42 U.S.C. §§6101-6107), which prohibits discrimination on the basis of age; (e) the Drug Abuse Office and Treatment Act of 1972 (P.L. 92-255), as amended, relating to nondiscrimination on the basis of drug abuse; (f) the Comprehensive Alcohol Abuse and Alcoholism Prevention, Treatment, and Rehabilitation Act of 1970 (P.L. 91-616), as amended, relating to the nondiscrimination on the basis of alcohol abuse or alcoholism; (g) §§523 and 527 of the Public Health Service Act of 1912 (42 U.S.C. §§290dd-3 and 290ee-3), as amended, relating to confidentiality of alcohol and drug abuse patient records; (h) Title VIII of the Civil Rights Act of 1968 (42 U.S.C. §§3601 et seq.), as amended, relating to nondiscrimination in the sale, rental, or financing of housing; (i) any other nondiscrimination provisions in the specific statute(s) under which application for Federal assistance is being made; and (j) the requirements of any other nondiscrimination statute(s) which may apply to this Grant.

10. Shall comply, as applicable, with the provisions of the Davis-Bacon Act (40 U.S.C. §§276a to 276a-7), the Copeland Act (40 U.S.C. §276c and 18 U.S.C. §874), and the Contract Work Hours and Safety Standards Act (40 U.S.C. §§327-333), regarding labor standards for federally assisted construction subagreements. 11. Shall comply with requirements of the provisions of the Uniform Relocation Assistance and Real Property Acquisitions Act of 1970 (P.L. 91-646), which provide for fair and equitable treatment of persons displaced or whose property is acquired as a result of Federal or federally assisted programs. These requirements apply to all interests in real property acquired for project purposes regardless of Federal participation in purchases. 12. Shall comply with the provisions of the Hatch Political Activity Act (5 U.S.C. §§7321-29), which limit the political activity of employees whose principal employment activities are funded in whole or in part with Federal funds. 13. Shall comply with the minimum wage and maximum hours provisions of the Federal Fair Labor Standards Act and the Intergovernmental Personnel Act of 1970, as applicable. 14. Shall insure that the facilities under its ownership, lease, or supervision which shall be utilized in the accomplishment of the project are not listed on the Environmental Protection Agency’s (EPA) list of Violating Facilities and that it will notify the Federal grantor agency of the receipt of any communication from the Director of the EPA Office of Federal Activities indicating that a facility to be used in the project is under consideration for listing by the EPA (EO 11738).

Page 13 of 18 TDEM - August 11, 2015

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15. Shall comply with the flood insurance purchase requirements of Section 102(a) of the Flood Disaster Protection Act of 1973, Public Law 93-234. Section 102(a) requires the purchase of flood insurance in communities where such insurance is available as a condition for the receipt of any Federal financial assistance for construction or acquisition proposed for use in any area that has been identified by the Secretary of the Department of Housing and Urban Development as an area having special flood hazards. 16. Shall comply with environmental standards which may be prescribed pursuant to the following: (a) institution of environmental quality control measures under the National Environmental Policy Act of 1969 (P.L. 91-190) and Executive Order (EO) 11514; (b) notification of violating facilities pursuant to EO 11738; (c) protection of wetlands pursuant to EO 11990; (d) evaluation of flood hazards in floodplains in accordance with EO 11988; (e) assurance of project consistency with the approved state management program developed under the Coastal Zone Management Act of 1972 (16 U.S.C. §§1451 et seq.); (f) conformity of federal actions to State (Clear Air) Implementation Plans under Section 176(c) of the Clear Air Act of 1955, as amended (42 U.S.C. §§7401 et seq.); (g) protection of underground sources of drinking water under the Safe Drinking Water Act of 1974, as amended (P.L. 93-523); and (h) protection of endangered species under the Endangered Species Act of 1973, as amended (P.L. 93-205). 17. Shall comply with the Wild and Scenic Rivers Act of 1968 (16 U.S.C. §§1271 et seq.) related to protecting components or potential components of the national wild and scenic rivers system. 18. Shall assist the awarding agency in assuring compliance with Section 106 of the National Historic Preservation Act of 1966, as amended (16 U.S.C. §470), EO 11593 (identification and protection of historic properties), and the Archaeological and Historic Preservation Act of 1974 (16 U.S.C. §§469a-1 et seq.). 19. Shall comply with the Laboratory Animal Welfare Act of 1966 (P.L. 89-544, as amended, 7 U.S.C. §§2131 et seq.) which requires the minimum standards of care and treatment for vertebrate animals bred for commercial sale, used in research, transported commercially, or exhibited to the public according to the Guide for Care and Use of Laboratory Animals and Public Health Service Policy and Government Principals Regarding the Care and Use of Animals. 20. Shall comply with the Lead-Based Paint Poisoning Prevention Act (42 U.S.C. §§4801 et seq.) which prohibits the use of lead-based paint in construction or rehabilitation of residential structures. 21. Shall comply with the Pro-Children Act of 1994 (Public Law 103-277), which prohibits smoking within any portion of any indoor facility used for the provision of services for children. 22. Shall comply with all federal tax laws and are solely responsible for filing all required state and federal tax forms. 23. Shall comply with all applicable requirements of all other federal and state laws, executive orders, regulations, and policies governing this program. 24. And its principals are eligible to participate and have not been subjected to suspension, debarment, or similar ineligibility determined by any federal, state, or local governmental entity and it is not listed on a state or federal government’s terrorism watch list as described in Executive Order 13224. Entities ineligible for federal procurement have Exclusions listed at https://www.sam.gov/portal/public/SAM/. 25. Shall adopt and implement applicable provisions of the model HIV/AIDS work place guidelines of the Texas Department of Health as required by the Texas Health and Safety Code, Ann., Sec. 85.001, et seq.

54 Page 14 of 18 TDEM - August 11, 2015

EXHIBIT E Environmental Review As the duly authorized representative of Subrecipient, I certify that Subrecipient: 1.

shall assess its federally funded projects for potential impact to environmental resources and historic properties.

2.

shall submit any required screening form(s) as soon as possible and shall comply with deadlines established by DPS/TDEM. Timelines for the Environmental Planning and Historic Preservation (EHP) review process will vary based upon the complexity of the project and the potential for environmental or historical impact.

3.

shall include sufficient review time within its project management plan to comply with EHP requirements. Initiation of any activity prior to completion of FEMA’s EHP review will result in a non-compliance finding and DPS/TDEM will not authorize or release Grant funds for non-compliant projects.

4.

as soon as possible upon receiving this Grant, shall provide information to DPS/TDEM to assist with the legally-required EHP review and to ensure compliance with applicable EHP laws and Executive Orders (EO) currently using the FEMA EHP Screening Form OMB Number 1660-0115/FEMA Form 024-0-01 and submitting it, with all supporting documentation, to DPS/TDEM for review. These EHP requirements include but are not limited to the National Environmental Policy Act, the National Historic Preservation Act, the Endangered Species Act, EO 11988 – Floodplain Management, EO 11990 – Protection of Wetlands, and EO 12898 – Environmental Justice. Subrecipient shall comply with all Federal, State, and local EHP requirements and shall obtain applicable permits and clearances.

5.

shall not undertake any activity from the project that would result in ground disturbance, facility modification, or purchase and use of sonar equipment without the prior approval of FEMA. These include but are not limited to communications towers, physical security enhancements involving ground disturbance, new construction, and modifications to buildings.

6.

shall comply with all mitigation or treatment measures required for the project as the result of FEMA’s EHP review. Any changes to an approved project description will require re-evaluation for compliance with EHP requirements before the project can proceed.

7.

if ground disturbing activities occur during project implementation, Subrecipient shall ensure monitoring of ground disturbance and if any potential archeological resources are discovered, Subrecipient shall immediately cease construction in that area and notify FEMA and the appropriate State Historical Preservation Office.

55 Page 15 of 18 TDEM - August 11, 2015

EXHIBIT F Additional Grant Conditions

1. FEMA has performed an environmental review resulting in the findings and conditions identified in the Environmental Considerations enclosure and consisting of: a. CATEX (Categorical Exclusion) or FONSI (Finding of No Significant Impact) b. Record of Environmental Consideration (REC) with Environmental Review Project Conditions

2. All work must be done prior to the approved project completion deadline assigned to each Project. Should additional time be required, a time extension request must be submitted which: a.) Identifies the projects requiring an extension. b.) Explains the reason for an extension. c.) Indicates the percentage of work that has been completed. d.) Provides an anticipated completion date. The reason for an extension must be based on extenuating circumstances or unusual project requirements that are beyond the control of your jurisdiction/organization. Failure to submit a time extension request may result in reduction or withdrawal of federal funds for approved work.

3. Any significant change to a project's approved Scope of Work must be reported and approved through TDEM and FEMA before starting the project. Failure to do so will jeopardize grant funding.

4. The Project Completion and Certification Report must be returned to TDEM once all the approved work has been completed for each project. If any project requires the purchase of insurance as a condition of receiving federal funds, a copy of the current policy must be attached to this report.

5. The Period of Performance (POP) represents the period during which eligible reimbursable cost for this project can be incurred. If, due to extenuating circumstances, a project cannot be completed within the approved POP, an extension must be requested in writing and submitted to the State 90 days prior to the expiration of the currently approved POP.

6. Appeals may be filed on any determination made by FEMA or TDEM. All appeals must be submitted to TDEM within 60 days from receiving written notice of the action you wish to appeal. Should you wish to appeal a determination contained in the project application, the 60 days will start the day the application is signed.

7. You may request a payment of funds on projects by completing a request for reimbursement and including your supporting documentation. In the event that an audit results in a reduction of the awarded amount of a project, the subrecipient is responsible for returning the identified overage within 30 days of notification of the overpayment.

8. Projects that have not received final payment will be reviewed quarterly by TDEM representatives upon receipt of the Quarterly Review form from the subrecipient. Quarterly reports will be due on the following dates: April 15th, July 15th, O c t o b e r 15th & J a n u a r y 15th. Public Assistance program small projects are exempted.

9. Subrecipient with must submit a project cost summary to TDEM following the completion of each project, except Public Assistance program small projects. The project cost summary must list all labor, equipment, materials and contract costs associated with making needed repairs.

10. Subrecipients expending $750,000 or more in total Federal financial assistance in a fiscal year will be required to provide an audit made in accordance with OMB Uniform Guidance; Cost Principles, Audit, and Administrative Requirements for Federal Awards, Subpart F. A copy of the Single Audit must be submitted to your cognizant State agency or TDEM within nine months of the end of the subrecipient’s fiscal year.

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Consult with your financial officer regarding this requirement. If not required to submit a single audit, a letter must be sent to TDEM certifying to this.

11. Completed record and cost documents for all approved work must be kept for a minimum of three (3) years from the later of the completion of this project's public objective, submission of the final expenditure report, any litigation, dispute, or audit. Records shall be retained for three (3) years after any real estate or equipment final disposition. The DHS or DPS/TDEM may direct Subrecipient to retain documents or to transfer certain records to DHS custody when DHS determines that the records possess long term retention value. During this time, all approved projects are subject to State and Federal audit/review.

12. Subrecipients will not make any award to any party which is debarred or suspended, or is otherwise excluded from participation in the Federal assistance programs (EO 12549, Debarment and Suspension). Subrecipient must maintain documentation validating review of debarment list of eligible contractors.

13. Subrecipients must keep record of equipment acquired by federal funds for the life cycle of the equipment. A life cycle for most equipment will be three years, but could be longer. If the fair market value of a piece of equipment is valued over $5,000, FEMA will have the right to a portion of proceeds if equipment is sold. If the fair market value of a piece of equipment is less than $5,000, the property can either be retained, sold or designated as surplus with no further obligation to FEMA.

14. Eligible cost reimbursement requests may be submitted as needed, but not less than once a quarter without project officer concurrence. The minimum request for reimbursement will be $2,500 , unless it is the final reimbursement request. All submitted invoices must be: a. Identified by a unique number b. Related to an identified Scope of Work (SOW) line item c. Accompanied by proof of payment (ex: copies of the cancelled checks showing payments for the invoices) d. Signed by your Chief Financial Officer or designated authorized representative Reimbursement amounts are based on the total request for eligible documented expenditures of the eligible federal share and local match.

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EXHIBIT G Additional Grant Certifications Match Certification Applicant certifies that they have the ability to meet or exceed the cost share required of this project.

Duplication of Program Statement Applicant certifies there has not been, nor will there be, a duplication of benefits for this project.

For Hazard Mitigation Projects Only: Maintenance Agreement Applicant certifies that if there is a Maintenance Agreement needed for this facility copy of that agreement will be provided to TDEM.

Environmental Justice Statement Federal Executive Order 12898 compliance requirements – If there are any concentrations of low income or minority populations in or near the HMGP project: 1.

Applicant certifies that the HMGP project result will not result in a disproportionately high or adverse effect on low income or minority populations. OR

2.

Applicant certifies that action will be taken to ensure achievement of environmental justice for low income and minority populations related to this HMGP project.

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OVERVIEW OF PROJECT SCOPE The purpose of the proposed project is to mitigate existing flooding and promote resiliency in the West Goforth Road Area, Houston Street Area, Downtown Fire Station Area, and the Bluff Street Area. These damage centers were identified as four of the top ten flooding problems in the City of Buda in the 2014 Phase I Master Drainage Plan. Existing houses, apartments, streets, businesses, and the fire station have been flooded in these areas more than once. The damage centers are linked together hydraulically; therefore, the proposed project will provide flood mitigation and resiliency in each of the damage centers. Figure 1 provides an overview of the damage areas and shows the proximity of the FEMA floodplain. Problem Description: The existing drainage infrastructure is intended to convey flows along the south side of West Goforth Road west towards Main Street and the Union Pacific railroad. From that intersection the system conveys runoff south along the east side of the railroad to an existing pipe culvert under the railroad. The railroad culvert conveys flow to the unnamed tributary of Onion Creek which then carries flows south to the main stem of Onion Creek through existing pipe culverts under FM 2770 (Jack C Hays) and Bluff Street. The majority of the watershed and the existing drainage infrastructure were developed decades ago and the existing drainage infrastructure is undersized, resulting in flood risk and actual flood damages due to backwater and a lack of conveyance. Figure 2 shows the extents of flooding resulting from the existing 1% Annual Exceedance Probability (AEP) event, also known as the 100-year event. Figure 2 also calls out components of the existing drainage system in the project location. Flood damages in the West Goforth area are the result of undersized pipe culverts and drainage channel on the south side of West Goforth Street, the railroad channel, and the railroad culvert. The direct result of the undersized culverts and channels is structural flooding to houses on the south side of West Goforth Road and apartments on Via Verona Street (off South Main Street / South Loop 4). In addition, there is a significant amount of runoff that overtops West Goforth Road in storm events equal to or greater than the 4% AEP (25-year) event. The breakover flows cross West Goforth Street at three locations: near South Main Street, near Sun Bonnet Drive, and near South Cedar Street. The existing drainage infrastructure downstream of West Goforth Street to Houston Street consists of barrow ditches and pipe culverts that were not designed to convey the breakover flows and, as a result, there is significant street and structural flooding between West Goforth Road and Houston Street. Flood damages in the Fire Station area are the result of the undersized culvert under FM2770 and conveyance restrictions in the unnamed tributary. The result is repeated flooding of the Fire Station and overtopping of FM 2770 that diverts flows to Bluff Street and the main stem of Onion Creek. Similar to the West Goforth Road-Houston Street areas, the existing infrastructure downstream of FM 2770 was not designed to convey the flows overtopping FM 2770. The result is structural flooding of the Onion Creek Village Apartments senior housing, houses on Watson Court (off Bluff Street), and houses on Bluff Street. 59

Houses, businesses, and the Fire Station in these damage areas were flooded on or about October 31, 2013; October 30, 2015; and May 27, 2016. Additionally, the Fire Station flooded in 1998 with 3” of water in the station, 2001 with 2”, 2003 with 6”, 2008 with 12”, October 31st 2013 with 14”, May 24th 2015 with 1”, October 30th 2015 with 18”, and May 26th 2016 with a 4” of water. During the flood dates the fire department was out of service due to the lack of ingress and egress to the building and equipment. Photos of recent flooding of the station have been included in the application. Proposed Improvements: The proposed (preferred) flood mitigation project will include structural improvements to the existing drainage infrastructure (channel and culverts) along West Goforth Road and the existing railroad channel and culvert, and will provide a new culvert and outfall channel from the unnamed tributary to Onion Creek. Most of the improvements will occur within existing drainage easements and right-of-way that currently convey flows while the diversion channel will be constructed in open space that is inundated by the 1% AEP event (FEMA regulated downstream/west of FM 2770 and unmapped floodplain upstream/south-east of FM 2770). Improvements to the existing drainage system on the south side of West Goforth Road include upsizing all of the existing culverts and regrading and concrete lining the existing channel from near South Cedar Street to the intersection of West Goforth Road and South Main Street. From that intersection the existing railroad channel will be regraded and concrete lined to the existing railroad culvert that will be upsized. The new culvert and diversion channel under FM 2770 will pick up flows from the tributary upstream of the Fire Station to convey flows directly to the main stem of Onion Creek. The improvements will remove existing constrictions and improve conveyance capacity along West Goforth Road and the railroad to the unnamed tributary and will eliminate the overtopping of West Goforth Road. As a result, there is a significant reduction in flood risk to houses and apartments in the West Goforth area, and reduction in flood risk to the houses between West Goforth Road and Houston Street. The new FM 2770 culverts and outfall channel will eliminate overtopping of FM 2770. These improvements will result in reduced flood risk to the Fire Station, the Onion Creek Village Apartments on Bluff Street, houses on Bluff Street, and houses on Watson Court (off Bluff Street). Figure 3 provides an overview of the proposed improvements and presents the revised flooding extents after the project is implemented for the 1% AEP event. The improvements include approximately 2,700 linear feet of channel improvements, approximately 450 linear feet of culvert replacement, approximately 50 linear feet of new culverts, and approximately 1,500 cubic yards of excavation. More detailed estimates of the materials and quantities is included in the opinion of probable construction costs. The majority of the proposed improvements are located outside of the FEMA floodplain and floodway. The proposed improvements along West Goforth Road downstream to the unnamed tributary of Onion Creek outside the FEMA regulated floodplain; however, a portion of the 60

diversion channel (downstream of FM2770) is located in the regulated floodplain and will be located in the floodway. Based on preliminary review of the proposed project, the work area for the improvements along West Goforth Street and the railroad are located in uplands and will not require federal permitting. The culvert under FM2770 and the majority of the associated channel is outside (beyond) of any potential jurisdictional waters in the tributary and Onion Creek. As such, impact to Waters of the U.S., if any, will be limited and any federally permitting needs would be covered by a nationwide permit (such as NWP 14: Linear Transportation Projects). During final design all required local, state, and federal requirements will be reviewed and required notifications, coordination, and permitting will be acquired, if needed. The Hays County, Texas: 2011 Hazard Mitigation Plan Update identifies the hazard in Section 5: Hazard Identification 5.4.1 page 5-9 through 5-24. Alternatives Considered: In addition to the proposed alternative the City also looked at alternate conveyance improvements, possible regional detention in lieu of conveyance improvements, diversion berms, and a “do nothing” alternative. West Goforth and Houston Street Area: To reduce structural flooding in the West Goforth Road area, and downstream structural flooding resulting from overtopping flows the City considered the proposed alternative described above, along with regional detention, making minor improvements to the existing drainage infrastructure and providing additional conveyance through construction of a parallel underground storm drain system, and a “do-nothing” alternative.  Regional detention is not a feasible solution due to the lack of open space in the watershed upstream of West Goforth Road.  The parallel storm drain system (alternate conveyance) was not selected because the capital costs were estimated to be at least $1,000,000 more than upsizing/lining the existing system, the new outfall would require railroad permitting and approval, and the storm drain may require the relocation of several underground gas and electrical transmission lines. Fire Station and Bluff Street Area: To reduce flooding and the risk of flooding in the Fire Station and Bluff Street Area that results from overtopping of FM2770 the City considered the proposed relief channel described above in addition too regional detention, local diversion berms, and a “do-nothing” alternative.  Although there is room between the railroad and FM 2770 to construct a regional detention pond, this option was not selected because the cost of the pond construction and land acquisition is estimated to increase the capital costs for the project by at least $2,500,000 more than constructing the diversion channel and culvert under FM 2770.  Local diversion berms to protect the Fire Station and Bluff Street areas were determined to be infeasible because the existing topography would require the berm to surround the at-risk structures entirely to prevent wraparound flooding. This would in turn require internal drainage systems and mechanical systems to drain the protected area.

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In addition, construction of the berms would likely cause adverse impact to surrounding properties by raising the existing water surface elevation in the unnamed tributary upstream and downstream of FM 2770 while increasing the overtopping depth of FM 2770. The “do-nothing” alternative was excluded by the City based on the history of flooding that, with no action, these areas could expect to suffer further damage. Based on the benefit-costanalysis, the no-action alternative could result in future flood damages of approximately $10,000,000 over the next 50 years. The “no-action” alternative will not reduce or eliminate the risk of future flooding to city residents, damage to their property, or the need for emergency response and it does not provide a way to reduce or eliminate the need for future flood insurance payouts or disaster assistance. Detailed Scope of Work: The City proposes to implement the following as the preferred solution: 1. Regrade and concrete line the existing drainage channels and upsize existing street and driveway culverts on the south side of West Goforth Road from upstream of Pinafore Street (near South Cedar Street) to near the intersection of West Goforth and South Main Street to prevent backwater of overtopping. 2. Increase the size of the existing culverts at the intersection of West Goforth and South Main Street to prevent backwater of overtopping. 3. Regrade and concrete line the existing drainage channels parallel to the railroad and upsize existing culverts under the railroad to convey flows to the unnamed tributary while preventing backwater. 4. Construct a new diversion channel and new culvert crossing under FM 2770 to convey flows from the unnamed tributary to the main stem of Onion Creek to prevent backwater and overtopping of FM 2770. The City will retain the current consultant to accomplish the following: 1. Conduct surveys and confirm easement boundaries. 2. Refine the hydrologic and hydraulic analyses. 3. Prepare environmental report and data, if needed, for coordination or permitting. The consultant will prepare data for possible submittal to the USACE and for submittal to regional and state stormwater permitting agencies. 4. Produce engineering drawings and specifications. 5. Prepare a detailed cost estimate. 6. Prepare and submit a CLOMR, if needed. A CLOMR is not required for the work upstream of FM 2770 as there is no currently mapped flood hazard on the FIRM; however, a CLOMR may be required for the section of the outfall channel downstream of FM 2770 depending on the final configuration. 7. Obtain easements and secure permits, if needed. With the exception of the outfall channel and improvements to the railroad channel and culverts, all of the work will be conducted within city rights-of-way and drainage easements. The consultant will assist 62

the City in negotiating easements for the outfall channel and will obtain a permit from the railroad to construct the proposed improvements within the railroad right-of-way. 8. Prepare a bid package and assist the City with Contractor selection. Construction will include the following elements: 9. Establishing a staging and storage area and install security fencing. The staging area will be identified by the Consultant in coordination with the City. Cleanup and site restoration will be required upon completion of the project. 10. Establish traffic control and erosion/sedimentation controls. 11. Install three new 11’ x 6’ box culverts and wingwalls at FM 2770. Construct the new outfall channel which is approximately 1,000 feet long and 35 feet wide. Install rock riprap or concrete energy dissipaters or drop structures as needed between FM 2770 and Onion Creek main stem. Replace the road surface and stabilize the roadway embankment following culvert installation. 12. Replace the existing 42-inch concrete culvert and 36-inch corrugated metal pips culverts under the railroad with three 8’ x 5’ concrete box culverts and new wingwalls. 13. Regrade and concrete line the railroad ditch which is approximately 500-feet long. 14. Replace four 60-inch x 39-inch corrugated metal arch-pipes and two 18-inch corrugated metal pipe near the intersection of South Main Street and West Goforth Road with three 8’ x 5’ concrete box culverts and two 36-inch concrete pipe culverts. Install headwalls, energy dissipaters, and restore the road surface and stabilize the roadway embankment. 15. Replace the existing four 36-inch corrugated metal pipes west of Sun Bonnet Drive, the four 36-inch corrugated metal pipe at Sun Bonnet Drive, and the three corrugated metals pipes at Pinafore Street with three 6’ x 3’ concrete box culverts, two 5’ x 4’ box culverts, and two 5’ x 4’ box culverts, respectively. Install headwalls and restore the road surface. 16. Regrade and concrete line the existing drainage channel from the intersection of South Main Street and West Goforth Road to a point approximately 400-feet upstream of Pinafore Street. The improved channel will be approximately 1,700-feet long with a 6foot bottom. 17. Construction inspection will be performed by the City with support of the Consultant. Post-Construction activities will include: 18. Preparation of as-built plans by the City’s Consultant. 19. If CLOMR was required, City will submit a request for a LOMR to FEMA. The City public works department will assume responsibility for system maintenance once the work is complete. Maintenance includes: 20. Removal of debris in the channels or culverts on an annual basis or as need following major storm events. 21. Annual inspections of the culverts. Cost Estimate: 63

The cost estimate is based on the estimate prepared by the City’s engineering consultant. The estimate is based on a preliminary design for the project. The consultant used historical information (City Consultant and Texas Department of Transportation) on costs for infrastructure projects to develop this estimate. The total estimated cost for the project is $4,065,000. The cost estimate is attached.

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From: To: Subject: Date:

[email protected] Suellen Jordan; [email protected] Project Review: 201703869 Sunday, March 05, 2017 8:42:20 AM

Re: Project Review under Section 106 of the National Historic Preservation Act and/or the Antiquities Code of Texas 201703869 City of Buda Drainage Improvement Project 121 Main Street Buda,TX 78610 Dear Suellen Jordan: Thank you for your submittal regarding the above-referenced project. This response represents the comments of the State Historic Preservation Officer, the Executive Director of the Texas Historical Commission (THC), pursuant to review under Section 106 of the National Historic Preservation Act and the Antiquities Code of Texas. The review staff led by Tiffany Osburn and Justin Kockritz has completed its review and has made the following determinations based on the information submitted for review: Above-Ground Resources •  No historic properties present or affected Archeology Comments •  An archeological survey of the project area is needed We have the following comments: Archeological survey should be conducted for Phase I as described in the attached scope of work. Phase II does not require investigation. We look forward to further consultation with your office and hope to maintain a partnership that will foster effective historic preservation. Thank you for your cooperation in this review process, and for your efforts to preserve the irreplaceable heritage of Texas. If you have any questions concerning our review or if we can be of further assistance, please email the following reviewers: [email protected], [email protected]. Sincerely, Mark Wolfe, State Historic Preservation Officer Executive Director, Texas Historical Commission Please do not respond to this email.

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City Council Agenda Item Report Date: Wednesday, July 5, 2017

Agenda Item No. 2017-425Contact: Chance Sparks Subject:

1.

Deliberation and possible action on a request for permission to install public on-street parking on Rose Street adjacent to 108 Lilly Street, for a proposed development at 108 Lilly Street (Assistant City Manager Chance Sparks)

Executive Summary 108 Lilly Street was recently purchased with the intent to convert it to a commercial use. A Certificate of Design Compliance was approved for the demolition of the carport/storage building on the site, which was a substandard & dangerous structure. The owner is still completing design for submission to the Historic Preservation Commission as a comprehensive Certificate of Design Compliance. The owner needs to determine, however, whether on-street parking can be approved, as it affects other aspects of the layout. Section 7.8(7) of the UDC provides that on-street parking shall be allowed subject to approval from City Council as part of a development project. Staff, including the City Engineer, has reviewed the proposal and found that, based upon the functional classification of Rose Street as a local street with a low volume of traffic, the head-in parking scheme is feasible. Staff notes that this works particularly well given the design of the adjacent property across Rose Street, which avoids potential backing conflicts.

2.

Background/History The City of Buda has approved several projects' on-street parking over the years under Section 7.8(7). These parking spaces are public--they cannot be reserved for a particular business. The Buda 2030 Comprehensive Plan includes several relevant goals, objectives and actions pertinent to this project, including: Goal: Buda’s downtown thrives as the “heart of Buda” with strong economic

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opportunities and celebrates the city’s historical and cultural heritage, making downtown a vibrant place to live, work, and play. Objective DT-1: Enhance the economic viability of downtown Buda Action DT-1.3: Continue to support property and business owners and local business organizations in redevelopment and revitalization efforts in Downtown consistent with the vision and plan for Historic Downtown Buda. Objective DT-3: Establish a Park-Once-and-Walk policy for downtown Buda Action DT-3.1: Establish parking policies and regulations that reflect the desire to have a walkable downtown. Action DT-3.2: Where appropriate, allow on-street parking on certain streets beyond Main Street in the greater downtown area. Objective DT-4: Enhance the street realm to a high-quality pedestrian environment that is a safe and inviting place for people to walk, shop, and eat or drink Action DT-4.1: Form a continuous retail edge along Main Street and Railroad Street to keep shoppers engaged in the retail environment. Objective DT-6: Strongly facilitate infill development and redevelopment in downtown Buda. Action DT-6.1: Prioritize converting vacant and underutilized properties within the greater downtown. Action DT-6.6: Revise zoning and land use policies to support denser housing and mixed-use development types in the downtown district. 3.

Staff's review and analysis Staff conducted a review of the applicant's request to establish on-street parking along Rose Street adjacent to 108 Lilly Street. The configuration on Rose Street would look and function similarly to the parking on Ash Street next to Buda Dental, except that Rose Street has much lower traffic and the parking placement on Rose Street has better sight-lines. The proposed parking comfortably meets minimum dimensions, and the applicant provides for the required 6' public sidewalk through use of a pedestrian easement. While this sidewalk does not immediately connect to the sidewalk network, it is proximate to other sidewalks and the gap is surmountable thru future infill development. Staff observed that the parking adjacent to Buda Dental has not posed significant issues or resulted in known accidents. Likewise, similar parking to the rear of Summermoon Coffee has not resulted in any known issues. Normally, head-in parking would be angled. However, the traffic patterns in the

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area seem to make angled parking a less-preferred option since one would expect most vehicles to access the on street parking via Railroad Street. Also, the traffic volume on Rose Street is much lighter than the Elm & Austin Street precedents. The parking, once installed, would be credited toward the project’s minimum parking obligations under the UDC, though the spaces would be public and unrestricted due to location in the public right-of-way. 4.

Financial Impact The project will pay normal & typical fees associated with development projects. Once complete, the project will result in increased ad valorem tax revenue due to increased property value and will have potential for sales tax revenue depending on ultimate occupants of the building(s).

5.

Summary/Conclusion This request for on-street parking under UDC Section 7.8(7) is fairly straight-forward, posing no concerns from engineering and representing appropriate good practices in a downtown setting. Approval will allow the project to proceed further into detailed design for eventual permitting as well as a Certificate of Design Compliance application. Staff, including the City Engineer, has reviewed the proposal and found that, based upon the functional classification of Rose Street as a local street with a low volume of traffic, the head-in parking scheme is feasible. Staff notes that this works particularly well given the design of the adjacent property across Rose Street, which avoids potential backing conflicts.

6.

Pros and Cons

7.

Alternatives N/A

8.

Recommendation Staff recommends the City Council consider approval.

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Buda City Council, We are requesting the support of the council members to integrate on-street parking in an area located between our residence at 108 Lilly St. and Rose St. to be utilized by visitors of the downtown area, as well as employee parking for our place of business. Cat Cam Properties LLC and Dickson Productions, Inc. have been involved in the community for more than 20 years. We pride ourselves on partnering with local businesses whether it be through our property management, which we utilize a variety of local contractors and professionals, or consulting on a local and national level for music events and associations, including The MusicFest at Steamboat Colorado and Rio Frio Fest in Concan, Texas. Moving our headquarters to the vibrant downtown area has been a long-term goal for us. We recognize the character and charm of old town Buda and are excited to contribute to the business activity taking place, while helping to preserve the deep heritage of our small, yet growing town. By moving our business downtown, Dickson Productions will have the opportunity to more easily utilize local businesses for entertainment of clients and hosting business meetings and gatherings. Plus, employees can enjoy the convenience of living and working in Buda. And with restaurants, parks and hiking areas nearby, we can provide an enjoyable environment for our energetic staff! Dickson Productions worked with a local engineer who resides in Buda to assure our request had the public interest at heart. Together, we truly believe this on-street parking proposal will create synergy between properties, allowing patrons to park once and visit multiple places of business in the downtown area. This shares the same ideology the City’s Comprehensive Plan and Downtown Master Plan encourages by promoting downtown investment and redevelopment. This proposal provides us the opportunity to better preserve the integrity of this historical home. It will allow for greater flexibility to preserve the beautiful trees surrounding the home, and most importantly, will allow for ADA compliant ramps in a location that will not drastically change the historic significance of the structure. This arrangement also allows for the on-street parking to function more for customers, with rear parking being primarily for employees. This will help to minimize traffic activity adjacent to existing single-family residential and condenses pedestrian activity toward the front of the business. We have been in close contact with the City’s engineering staff to ensure our proposal will prove to be a benefit not only to our business, but the city as well. Attached you will find the engineering staff has reviewed and identified no objection to our proposal. We are truly excited and passionate about this project and look forward to becoming part of charming downtown historic Buda. 77

City Council Agenda Item Report Date: Wednesday, July 5, 2017

Agenda Item No. 2017-411Contact: Mike Beggs Subject:

1. 2.

3. 4. 5. 6.

7. 8.

Update on stormwater conveyance and pond maintenance (Public Works Director Mike Beggs)

Executive Summary Update on the Stormwater Maintenance Program. Background/History In 2013 and in 2015, the City of Buda fell victim to flash flooding. During the 2016-2017 Budget preparation, the City Council approved starting an in-house Stormwater Maintenance Department to help mitigate and reduce flooding within the City of Buda. The budget included a new wheeled excavator, new truck, and two operators, along with $44,500 that was earmarked for drainage improvements. Staff's review and analysis N/A Financial Impact N/A Summary/Conclusion The Stormwater Program is ongoing and has been a huge success. Pros and Cons Pros: Ongoing maintenance and functional facilities at affordable prices. Cons: Dealing with adverse environments. Alternatives Hiring contractors to maintain drainage facilities. Recommendation N/A

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City Council Agenda Item Report Date: Wednesday, July 5, 2017

Agenda Item No. 2017-441Contact: Brian Lillibridge Subject:

1.

2.

Update on Aquifer Storage and Recovery and Direct Potable Reuse (Water Specialist Brian Lillibridge)

Executive Summary Staff is providing a brief update on the status of Aquifer Storage and Recovery (ASR) and Direct potable Reuse (DPR) initiatives. Background/History Aquifer Storage and Recovery Findings from the City's ASR feasibility study were presented to Council in May 2017. The study indicated that an ASR project using the middle portion of the Trinity Aquifer as a storage component can be a cost effective method for the City to manage seasonal peak demands and potentially as a mechanism to keep water in strategic reserve as preparation for a long term drought event. From the study, three potential ASR sites were recommended as options should the City pursue an ASR project. Currently, Texas Water Code only allows for untreated Edwards Aquifer water to pass through the Edwards Aquifer for injection. Representative Jason Isaac sponsored House Bill 3333 which sought to allow for all sources of treated drinking water to be allowed to pass through the Edwards Aquifer for storage in an ASR project. The Barton Springs-Edwards Aquifer Conservation District (BSEACD) provided direct input and support for HB 3333. Despite tireless lobbying efforts, HB 3333 did not pass. However, the City can still move forward an with an ASR project using a portion of existing Edwards supply and also apply for a Class D conditional permit from the BSEACD to provide more water for storage during periods of non-drought. An ASR pilot project with an estimated cost of $1.9M has been proposed as a CIP project in the FY 17-18 budget. Direct Potable Reuse The DPR feasibility study completed in 2015 indicated that the use of DPR as

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3. 4.

5.

6. 7. 8.

an added component to the City's water supply is possible from both a regulatory and technological stand point. The scheduled expansion of the City's wastewater treatment plant will provide the capability to treat up to 3.5 MGD of inflow as the City's population increases. This would provide enough source water for an advanced water treatment plant that could produce 1.0 to 2.0 MGD of water supply for DPR. The membrane technology and energy requirements necessary for a DPR plant are costly compared to conventional water supplies at this point, but water supplied by a DPR would provide a "drought proof" supply that is produced locally. The TCEQ recognizes DPR as an important source of future water supply and is supportive of a well planned DPR project. However, direct involvement and regulatory oversight by TCEQ is an inherent part of the planning and development process in making a DPR facility a reality. The TCEQ has been briefed on the initial results of Buda's feasibility study and has approved a sampling plan for a one year effluent characterization study. Results from this year long effort will be reviewed by the TCEQ, and if the data supports moving forward, the City will present a pilot project for the TCEQ's approval. Staff's review and analysis Not discussed. Financial Impact Cost of the ASR pilot project is estimated at $1.9M. The current 1 year effluent characterization study is $176,350 which has already been budgeted. Cost of a DPR pilot study will ultimately be dictated by characterization results and TCEQ requirements. This financial impact would likely not occur until the FY 18-19 or later fiscal years. Summary/Conclusion Both ASR and DPR have shown initial promise for helping to address Buda's future supply challenges. ASR could be accomplished in a shorter time frame and would provide some near term drought resiliency to the City's current water supply. DPR has a higher cost and much longer time frame, but the advantages of a drought proof, locally produced supply makes it worth the City's effort to fully vet this technology as an option as well. Staff recommends that Council and City Management continue their established course of pursuing innovative measures such as these to address future water needs. Pros and Cons Not discussed. Alternatives Not discussed. Recommendation None. Update only.

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CITY COUNCIL  PENDING/FUTURE ITEM REQUEST REQ#

Revised:  6/29/2017, Page 1

REQUESTED ITEM

MEETING  DATE

COUNCIL MEMBER

6/20/2017

Lane

report on how and when the drainage ditches are mowed and  1) maintained. Ditch/Creek Maintenance Procedure

6/6/2017

Mayor

1) Council representative to serve on Housing Plan Committee

STAFF

Williams

1) Street Closure: establish administrative procedure for internal approval

6/6/2017

Hopkins

1) elections‐requested items regarding Single Member Districts 

2/7/2017

Hopkins Ruge

2) election of candidates by a simple majority/plurality 1) Creation of Main Street Holiday Event

12/20/2016

Altmiller 

Pursue & consider CAPCOG Grant Opportunity for Household Hazardous  1) Waste programs

11/15/2016

Haehn

Conduct study on the impact of freezing property tax / exemption for  1) elderly

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