€¦ · 06/08/2020 · 1 | page amended agenda city council regular meeting notice is hereby...

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AMENDED AGENDA CITY COUNCIL

REGULAR MEETING

NOTICE IS HEREBY GIVEN that the Lago Vista City Council will hold a regular meeting on Thursday, August 6, 2020, at 6:00 p.m., as prescribed by V.T.C.A., Government Code Section §551.041to consider the following agenda items. CALL TO ORDER, CALL OF ROLL EXECUTIVE SESSION 1. Convene into a closed Executive Session pursuant to Sections 551.071 (Advice of Counsel),

551.072 (Real Property), 551.074 (Personnel), Section 551.087 (Economic Development), Texas Government Code and Section 1.05 Texas Disciplinary Rules of Professional Conduct regarding: A. Consultation with Legal Counsel and possible action concerning any regular meeting

agenda item requiring confidential, attorney/client advice necessitated by the deliberation or discussion of said item (as needed).

B. Consultation with Legal Counsel regarding additional water service charge category for

water users located outside our city limits or in our ETJ. C. Consultation with Legal Counsel regarding Sale of a strip of property, located adjacent to

1200 Dusk Ct. D. Consultation with legal counsel regarding a demand letter by Alicie Reed. E. Consultation with legal counsel regarding Austin ETJ Agreement. F. Consultation with legal counsel regarding Bakers BBQ Contract.

ACTION ITEMS (action and/or a vote may be taken on the following agenda items):

2. Reconvene from Executive Session into open session to act as deemed appropriate in City Council’s discretion regarding:

A. Consultation with Legal Counsel and possible action concerning any regular meeting


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B. Consultation with Legal Counsel regarding additional water service charge category for water users located outside our city limits or in our ETJ.

C. Consultation with Legal Counsel regarding Sale of a strip of property, located adjacent to 1200 Dusk Ct.

D. Consultation with legal counsel regarding a demand letter by Alicie Reed. E. Consultation with legal counsel regarding Austin ETJ Agreement. F. Consultation with legal counsel regarding Bakers BBQ Contract.

This regular meeting will be conducted utilizing a videoconferencing tool. City Council members, staff and citizens will participate via audio only. Please join my meeting from your computer, tablet or smartphone. https://global.gotomeeting.com/join/557245637 You can also dial in using your phone. (For supported devices, tap a one-touch number below to join instantly.)

United States: +1 (646) 749-3122 - One-touch: tel:+16467493122,,557245637#

Access Code: 557-245-637

To participate in the citizens comment portion of the meeting, please submit your questions or comment 10 minutes prior to the beginning of the meeting utilizing the online form found on the City’s web page. Your questions or comments will be read aloud and entered into the minutes of the meeting. The virtual conference meeting will start approximately 10 minutes prior to the meeting which will begin at 6:00 p.m. CITIZEN COMMENTS: In accordance with the Open Meetings Act, Council is prohibited from acting or discussing (other than factual responses to specific questions) any items not on the agenda. ITEMS OF COMMUNITY INTEREST: Pursuant to Texas Government Code Section 551.0415, the City Council may report on any of the following items:

a. Expressions of thanks, gratitude, and condolences. b. Information regarding holiday schedules. c. Recognition of individuals, i.e. Proclamations d. Reminders regarding City Council events. e. Reminders regarding community events. f. Health and safety announcements.

PUBLIC HEARING AND POSSIBLE ACTION (FIRST CONSIDERATION)

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3. The Lago Vista City Council will hold a public hearing and consider an Ordinance of the City Council of Lago Vista, Texas amending the official zoning map by changing the zoning district of Lot 2 of Lago Vista Estates, Section 2, Block E, located at 20308 Dawn Drive from R1-D (“Single-Family Residential”) to C-1C (“Professional, Business Office, Low Density Retail”).

Open public hearing Staff presentation Continue public hearing Council discussion and possible decision (close public hearing if a decision is rendered)

ACTION ITEMS 4. Discussion, consideration and possible action regarding an Ordinance of the City Council of

Lago Vista, Texas amending Chapter 3, Chapter 10 and Chapter 10.5 of the Lago Vista Code of Ordinances to supplement existing drainage and erosion control requirements applicable to all property regulated by the City.

5. Discussion, consideration and possible action regarding adding citizens to the Planning &

Zoning Subcommittee. 6. Discussion, consideration and possible action regarding recommendation of contract award

for the construction of the 2020 STREET REHAB PH-5 Project and authorize the City Manager to execute the contract.

7. Discussion, consideration and possible action regarding Ordinance No. 20-08-06-01; An

Ordinance of the City Council of the City of Lago Vista, Texas pursuant to Vernon’s Texas Codes Annotated, Local Government Code, Chapter 102, Section 102.007(b) providing for amendments to Ordinance No. 19-09-19-02, for the Fiscal Year beginning October 1, 2019 and ending September 30, 2020; amendments to said budget by department are set forth in “Exhibit A” attached to this ordinance.

8. Discussion, consideration and possible action regarding Ordinance No. 20-08-06-02; An

Ordinance ordering and establishing procedures for the 2020 General Election in the City of Lago Vista to elect Councilmembers for Place 2, Place 4 and Place 6; providing for notice of the Election; providing election precinct and polling places; providing for early voting; providing an effective date and open meetings clause; and providing for related matters.

9. Discussion, consideration and possible action on a Purchase Agreement with Mohsen Anami

for approximately 0.31 acres of land out of Lots 30M-B and 31M-B, Lago Vista Travis Plaza that would allow for extension of Bonanza Street to City owned property.

10. Discussion, consideration and possible action on an Ordinance closing, vacating and

abandoning a portion of the street right-of-way commonly known as Bonanza Street, authorizing conveyance to the abutting property owners by quit claim deed; and providing for the following: findings of fact, enactment; severability; effective date, open meetings clause; and providing for related matters.

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11. Discussion consideration and possible action regarding an Ordinance of the City Council of Lago Vista, Texas, Amending Chapter 13 Utilities, Articles 13.1100 Domestic Water Drought Contingency Plan, 13.1400 Water Conservation Plan and 13.1500 Reuse Drought Contingency Plan, and Chapter 1 General Provisions, Article 1.1900 Golf Courses, providing an effective date, repealer, severability, proper notice and open meetings clause.

CONSENT AGENDA

All matters listed under Consent Agenda, are to be considered routine by the City Council and will be enacted by one motion. There will not be separate discussion on these items. If discussion is desired, that item will be removed from the consent agenda and will be considered separately.

12. Approval of the June 30 and July 7, 2020 special called Council meeting minutes and the July 16 regular Council meeting minutes.

DISCUSSION 13. Discussion regarding CapMetro Point to Point launch. 14. City Manager Reports FUTURE MEETINGS

15. Consider schedule and items for future Council meetings. ADJOURNMENT IT IS HEREBY CERTIFIED that the above Notice was posted on the Bulletin Board located at all times in City Hall in said City at 9:30 a.m. on the 3rd day of August 2020. __________/s/____________________ Sandra Barton, City Secretary THIS MEETING SHALL BE CONDUCTED PURSUANT TO THE TEXAS GOVERNMENT CODE SECTION 551.001 ET SEQ. AT ANY TIME DURING THE MEETING THE COUNCIL RESERVES THE RIGHT TO ADJOURN INTO EXECUTIVE SESSION ON ANY OF THE ABOVE POSTED AGENDA ITEMS IN ACCORDANCE WITH THE SECTIONS 551.071, 551.072, 551.073, 551.074, 551.075 OR 551.076. THE CITY OF LAGO VISTA IS COMMITTED TO COMPLIANCE WITH THE AMERICANS WITH DISABILITIES ACT. REASONABLE MODIFICATIONS AND EQUAL ACCESS TO COMMUNICATIONS WILL BE PROVIDED UPON REQUEST. AT THIS MEETING AT THE STATED LOCATION, A QUORUM OF THE CITY COUNCIL WILL BE PHYSICALLY PRESENT, AND THIS NOTICE SPECIFIES THE INTENT TO HAVE A QUORUM PRESENT THERE, AND THE MEMBER OF THE CITY COUNCIL PRESIDING OVER THE MEETING WILL BE PHYSICALLY PRESENT AT THAT LOCATION. ONE OR MORE MEMBERS OF THE CITY COUNCIL MAY PARTICIPATE IN THIS MEETING REMOTELY, AND IF SO, VIDEOCONFERENCE EQUIPMENT PROVIDING TWO-WAY AUDIO AND VIDEO DISPLAY AND COMMUNICATION WITH EACH MEMBER WHO IS PARTICIPATING BY VIDEOCONFERENCE CALL WILL BE MADE AVAILABLE.

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Comments: ADJOURN: TURN RECORDER OFF

MEETING DATE: August 6, 2020 CALL TO ORDER:

AGENDA ITEM: CALL TO ORDER, CALL OF ROLL

Motion by: _________________________________________________________________________ Seconded by: _______________________________________________________________________ Content of Motion: ___________________________________________________________________ ___________________________________________________________________________________

Vote: Williams__________; Barthlow __________; Davila____________; Collins ___________; Tidwell_________; Weatherly_________; Robbins _____________ Motion Carried: Yes___________; No __________

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Comments:

A. Consultation with Legal Counsel and possible action concerning any regular meeting agenda item requiring confidential, attorney/client advice necessitated by the deliberation or discussion of said item (as needed).

B. Consultation with Legal Counsel regarding additional water service charge category for water

users located outside our city limits or in our ETJ. C. Consultation with Legal Counsel regarding Sale of a strip of property, located adjacent to 1200

Dusk Ct. D. Consultation with legal counsel regarding a demand letter by Alicie Reed. E. Consultation with legal counsel regarding Austin ETJ Agreement. F. Consultation with legal counsel regarding Bakers BBQ Contract.

MEETING DATE: August 6, 2020

AGENDA ITEM: EXECUTIVE SESSION

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Comments:

A. Consultation with Legal Counsel and possible action concerning any regular meeting agenda item requiring confidential, attorney/client advice necessitated by the deliberation or discussion of said item (as needed).

B. Consultation with Legal Counsel regarding additional water service charge category for water

users located outside our city limits or in our ETJ. C. Consultation with Legal Counsel regarding Sale of a strip of property, located adjacent to 1200

Dusk Ct. D. Consultation with legal counsel regarding a demand letter by Alicie Reed. E. Consultation with legal counsel regarding Austin ETJ Agreement. F. Consultation with legal counsel regarding Bakers BBQ Contract.


AGENDA ITEM: RECONVENE FROM EXECUTIVE SESSION

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Comments:


AGENDA ITEM: CITIZEN COMMENTS

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CITIZEN PARTICIPATION REGISTRATION FORM In order to be heard, please complete this registration form and return it to the City Secretary prior to the start of the meeting.

For electronic meetings, all comments must be submitted via email to City Manager Josh Ray at [email protected] 10 minutes prior to the start of the meeting.

Date of Meeting: _______________________________

Citizens who wish to address the City Council about items on the agenda which are scheduled for Council action will have three (3) minutes to express their positions. Please indicate below the agenda item number on which you wish to comment.

Citizens wishing to address Council regarding a topic not on the agenda are afforded the same amount of time during the “Public Comments” section. Please indicate the subject matter below.

Please step to the podium as soon as you are recognized by the Mayor and state your name and the City that you live in before beginning your presentation. If you have written notes you wish to present to the Mayor and Council, please furnish an extra copy to the City Secretary for the official files.

For electronic meetings, all submitted comments will be read aloud during the meeting. Council will have the opportunity to respond to the question or comment.

Citizens who have questions concerning procedure or the registration form may request assistance from the City Secretary. Thank you for your cooperation.

Name: _____________________________________________

Address: ____________________________________________

If speaking for an organization:

Name of Organization: _________________________________

Speaker’s Official Capacity: ______________________________

SUBJECT(S) OR AGENDA ITEM(S) ON WHICH YOU WISH TO SPEAK:

_____________________________________________________________________

_____________________________________________________________________

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mailto:[email protected]

AGENDA ITEM

CCity of Lago Vista

To: Council Meeting:

From:

Subject:

EXECUTIVE SUMMARY:

Mayor & City Council August 6, 2020

Mayor Tidwell/Council/Joshua W. Ray, City Manager

Items of Community Interest

Other Other

This is a new section that we are adding to the Council Agenda.

For this agenda, we have included the items that can be communicated under this section.Those items are:

a. Expressions of thanks, gratitude, and condolences

b. Information regarding holiday schedules

c. Recognition of individuals, including Proclamations

d. Reminders regarding City Council Events

e. Reminders regarding community events

f. Health and Safety Announcements.

No action is required for these items.

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Impact if Approved:

Impact if Denied:

Is Funding Required? Yes No If Yes, Is it Budgeted? Yes No N/A

Indicate Funding Source:

Suggested Motion/Recommendation/Action

nown as

Motion to

Motion to

Motion to

Agenda Item Approved by City Manager

_____________________________________________________________________________________

N/A

N/A

Make Selection N/A N/A N/A



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AGENDA ITEM

CCity of Lago Vista


From:

Subject:

EXECUTIVE SUMMARY:

Mayor & City Council 06 August, 2020

Roy Jambor, AICP / PA (Development Services Director)

The Lago Vista City Council will hold a public hearing and consider an Ordinance of theCity Council of Lago Vista, Texas amending the official zoning map by changing thezoning district of Lot 2 of Lago Vista Estates, Section 2, Block E, located at 20308 DawnDrive from R1-D (“Single-Family Residential”) to C-1C (“Professional, Business Office,Low Density Retail”).

Public Hearing Ordinance

Following this cover sheet and summary is an attached "Staff Land Use Report" specificallyprepared for the City Council for considering this application. It precedes the cover sheet andsummary that was presented to the Planning and Zoning Commission for use in formulating theirrecommendation.

When not constrained by the space or formatting limitations of this summary form, we were ableto address all the issues that we considered relevant. In order to avoid introducing a new andunfamiliar format, we previously limited the discussion only to the two or three most importantissues.

In order to compensate for the additional length that would otherwise result from the inclusion ofmany additional factors, we relied on a more structured approach and a more concise narrativethat will hopefully provide more meaningful guidance. Along those lines, while the list of potentialalternative decisions includes all the possibilities that the staff could conceive of, the order inwhich they are listed should not be considered random.

Please feel free to comment directly to the staff about this new format in whatever manner ismost convenient (phone call, email, etc.). After receiving feedback from the City Council andincorporating any preferred changes, we will place a discussion of this type of report on a futurePlanning and Zoning Commission agenda. If they find the additional information preferable, wewill certainly accommodate them.

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Impact if Approved:

Impact if Denied:




nown as

Motion to

Motion to

Motion to


_____________________________________________________________________________________

The property will be issued a certificate of occupancy for the art school pending completion of anyimprovements required as a condition of the zoning ordinance amendment.

The art school will need to shut down at this location or consider alternative potential solutions toachieve compliance with the requirements of the zoning ordinance.

N/A

Enact Ordinance N/A N/A N/A

Deny Ordinance N/A N/A N/A

Table Ordinance N/A N/A N/A

Cordovan Art School Lago Vista zoning application

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LAGO VISTA CITY COUNCIL STAFF LAND USE REPORT – AUGUST 6, 2020

P&Z CASE NO: 20-1564-R-REZ: 20308 Dawn Drive APPLICANT: Paul and Mira Prince LANDOWNER: Same LOCATION: North side of Dawn Drive opposite LV Elementary School ZONING: R-1D to C-1C PROPOSED USE: Art School (with an emphasis on school-aged children)

GENERAL INFORMATION / LOCATION:

The property was acquired for the purpose of moving an existing home-based art school to a location that the applicants felt would be better for both the community and their students. The proximity to the existing elementary school (within walking distance) certainly seems like a major factor. Significant improvements to the existing structure were made by the applicant. However, because this location was never established primarily as a residence by these owners, it did not qualify as a home-based business and a rezoning application was necessary.

The subject property is one of the locations on the north side of Dawn Drive closest to Lohman Ford Road whose access is negatively impacted by the existing median that creates a “divided street.” That median limits safe access to or from those properties to a “right-in” or “right-out” turn only. The property immediately west of the subject property is the last one impacted. The extension of a public street four lots to the east of the application, Deer Run, interrupts the median and provides the only opportunity to legally and safely change directions when accessing or leaving one of these properties.

SITE PLAN / CONTEXT CONSIDERATIONS:

The property east of Deer Run along the north side of Dawn Drive is already in either the C-1C or C-2 zoning district, with the C-2 district limited to the property at the intersection of Lohman Ford Road.

Four lots, currently in the R-1D zoning district, separate the subject property from Deer Run and the commercially zoned property to the east. Two include existing residential structures, but only one is owner occupied. Only one of the four is locally owned. These four lots, two of which are vacant, would seem to be impacted the most by an approval of this application. Property to the north that shares a common rear property line would seem to be adequately protected by the low impact use and the proposed screening fence.

The residence immediately west of the subject property incorporates a vacant lot that established a protective buffer between it and the subject property pursuant to an amended plat approval. The lot immediately west of that property is owned by the nearby Catholic Church and serves as their rectory.

Two home-based businesses are located on the north side of Dawn Drive, east of Thunderbird Drive.

RELEVANT ORDINANCE PROVISIONS / COMPREHENSIVE PLAN CONSIDERATIONS:

The Future Land Use Map created for inclusion in this packet by the GIS Department does not even extend as far to the east as Deer Run. If it did, you would notice that the existing C-1C lots on the north side of Dawn are also indicated to be “low density residential” (the same as the subject property). Until relatively recent action by both the Planning and Zoning Commission and City Council to correct a perceived manifest error, the Future Land Use Map also indicated the property fronting on Lohman Ford Road north of Dawn Drive as “low density residential.”

Nonetheless, the Future Land Use Map was not even mentioned in the deliberations of the Planning and Zoning Commission prior to making their recommendation. Instead the mention of the Comprehensive Plan related to the recommendation in Chapter 3 of the need to encourage additional “mixed use development.” They found this property to be the type suitable for implementation of that recommendation. As a result, they found no relevance to the provisions of Section 13.20(d) of the zoning ordinance regarding applications that are not consistent with the Comprehensive Plan.

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P&Z Case 20-1564-R-REZ Page 2

However, the staff retains a level of concern regarding the fact that this application “leap-frogs” over the remaining four R-1D lots in seeking even a low intensity level of commercial zoning. A specific finding that “professional, business office, low density retail” is the highest and best long-term future use of those four lots would seem to be required to fully validate compatibility.

PLANNING AND ZONING COMMISSION RECOMMENDATION:

The Planning and Zoning Commission recommended approval subject to the design review conditions or stipulations included in Alternative ‘A’ below.

Four of the five members that participated voted in favor of this recommendation. One member was not present and the applicant (a member) did not participate pursuant to a formal recusal.

The members recommending approval were persuaded that this application was consistent with the desired transition for this property and the implementation of the Comprehensive Plan. The member that was opposed was concerned about a potential future or existing residence finding itself adjacent to an incompatible land use, taking particular note of some of the intense uses currently permitted in the C-1 district (an acknowledged problem that needs addressing).

POTENTIAL ALTERNATIVE DECISIONS:

A. Approve the application for inclusion in the C-1C zoning district, subject to compliance with the following stipulations related to the required integral design approval:

1. Completion of the indicated parking areas using the submitted pavers except that a concrete sidewalk will be used to provide required ADA compliant access to the designated handicap space (marked with required signage);

2. Provision of a 6-foot wood privacy fence along property lines behind the required front yard setback that are shared with an existing single-family residential property where one does not already exist; and

3. Completion of all outstanding interior improvements required by the 2015 International Building Code or the ADA Accessibility Guidelines (ADA-AG).

B. Deny the application.

C. Approve the application for inclusion in the C-1C zoning district, absent any conditions or stipulations.

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AGENDA ITEM

CCity of Lago Vista

To: Meeting :

From:

Subject:

EXECUTIVE SUMMARY:

Planning & Zoning Commission 09 July, 2020


20-1564-R-REZ: Consideration of a recommendation regarding a zoning district changerequest from R-1D (“Single-Family Residential”) to C-1C (“Professional, Business Office,Low Density Retail”) for the property located at 20308 Dawn Drive (Lago Vista Estates,Section 2, Lot 5, Block E).

Public Hearing Ordinance

This location was approved as a "home occupation" (a home-based art school), but that permitwas thereafter determined to be inappropriate because it does not allow the non-residential useto be primary with only "intermittent" residential use of the property. Both Section 2.10 andSection 16 of Chapter 14 require the non-residential use to be "clearly incidental and secondaryto the use of the dwelling for residence purposes." Although the property owner originally hopedto apply for a future "mixed use" zoning designation, the staff has determined that the currentuse of the property is permitted by the C-1C district provisions.

The zoning map provided by the GIS Department does not include the existing C-1C district onthe same side of Dawn Drive as the subject property. By including more area, the applicant'szoning map provides a broader perspective. It should be noted that the Future Land Use Mapdesignates all of the existing commercial property northeast of the Dawn Drive and Lohman FordRoad intersection as "low density residential." Previously noted by the Planning & ZoningCommission as erroneous, consideration of Section 13.20(d) of Chapter 14 becomes relevant.

The issue seems to be whether additional light commercial encroachment west (but not as farwest as the elementary school) is timely and compatible. The property immediately west of theapplication includes a former vacant lot as an additional buffer. The four remaining residentialproperties to the east, two of which are vacant lots, have three owners. One of the two existingresidences is being used as rental property. The long-term intended use of these propertiescurrently in a single-family residential district that this application "leap-frogs" is significant. Oneof those property owners responded to our required notice with a written comment.

Improvements required by the model building codes and local ordinances pursuant to anapproval are relatively minor, primarily related to ADA (handicap) accessibility guidelines.Regarding an accessible route from the designated handicap parking space, a concrete sidewalkwould have to be added that connects the driver's door with the existing concrete paving. Thenew paver is a suitable surface for a vehicle, but not an ADA patron route.

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20-1564-R-REZ

20308 Dawn Drive

Attachment 1

Application

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CITY OF LAGO VISTA BUILDING AND DEVELOPMENT SERVICES

5803 THUNDERBIRD, LAGO VISTA, TEXAS 78645 OFFICE 512-267-5259 FAX 512-267-5265

ZONING CHANGE REQUEST APPLICATION

Name of Owner(s): ' ( ,c;'. 1----'-~a~u.-""'--'----=i~f---!----'---'--"---..!=----_.!._.J---!--"--'-=-"=-~~~~~~~

Owner's Address: 1----=::........::...~__i._'----='=-.i'-'-=~__,_._-='------"'==--"'--~~~~~~~

Contact Person: t--~~~~~~~~~~~~~~~~~~---;

Email Address: Paid Pr,,'Ac_e 1 . 1 · &iv'\.c~ : I. c.o •'\.'\. Contact Phone Numbers: ;;--1 2- 9' '] 0 5" 7 8'

COMPLETE LEGAL DESCRIPTION OF PROPERTY:

5 Subdivision: j J,... \/ I Section: l 2- I Lot No: I ::::==================-~~-======-~~----=======::::=:

Property Address: 12 0 3 08 /)a.u..:A D {'. Volume and Page

Where Deed is Filed: ~~~~~~~~~~~~~~~~~~~~~~~

ZONING REQUEST INFORMATION: ' / 1 D.,, 2:D

Current zoning designation: I [<-i fJ 0

. /J,j/! fu I

Requested zoning designation: l 1 JdL-E~L I

Purpose of zoning change:

In the event I cannot attend the Public Hearing, I designate the following person to act on my behalf:

Name of Agent: t--~~~~~~~~~~~~~~~~~~~~--1

Address: 1--~~~~~~~~~~~~~~~~~~~~--1

Phone Number(s) :

Signature of Applicant: I /aJ{·~ I Date: I ( ·-2-~ . 2-D

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From LV Code of Ordinances, Chapter 14, Section 13.20(b)(1)

with comments inserted

Zoning change application notes; 20308 Dawn Drive, Lago Vista, TX

30 June, 2020 Paul Prince; [email protected] 512-963-6578

b) Manner of Initiating a Zoning Change Request.

1. Application by Property Owner. A property owner or his authorized agent may file an

application with the City Manager requesting the zoning or a change of zoning for real property.

Such application shall be accompanied by a fee established by the Council, and shall contain

the following information, unless waived by the city manager or his designee:

A. The legal description and address of the parcel for which the application is made (the

“subject parcel”).

LOT 5 BLK E LAGO VISTA SEC 2 20308 Dawn Dr

100% owned by Paul & Mira Prince, 3304 Parliament Cv,

Lago Vista, TX (512)963-6578

B. A map showing the present zoning classification, if any, of the subject parcel and of

each abutting, adjacent or contiguous parcel.

See provided document with maps

This north side of Dawn Drive, and Pokealong path behind it, are zoned R-1D. From

our property to the intersection of Dawn Dr and Deer Run (towards Lohman Ford),

there are 4 R-1D properties, 2 of which are vacant. After Deer Run, towards Lohman

Ford, all properties are zoned C1 or C2.

Immediately across on the other side of Dawn Drive is LVES (U-1 zoning). On both

sides of LVES (towards Lohman Ford as well as toward city hall) is all C1 zoning.

C. The present use of the subject parcel and of each abutting, adjacent or contiguous

parcel.


The present use of our lot is as a second home, intermittently occupied. Until ceasing

operations due to Covid-19, we had been also operating a small art school under a

home occupation license (18-1348-H-OCC). Adjacent properties are a mix of vacant

lots and residential homes. Several of the structures are rental or vacation properties.

D. The type and location of all structures on the subject parcel and on each abutting,

adjacent or contiguous parcel.


Our property has a 1200sf 2br/2ba home with detached 1-car garage.

E. The zoning requested and the proposed use of the subject parcel.

C-1A

Proposed use as an art school in the existing facility. Classes may occur Monday

through Saturday 9am to 9pm. Typical classes last 1-2 hours and hold up to eight

students. A maximum of two classes may run concurrently, with this occurring most

frequently immediately after school. Parking and entry/exit is intended to allow at

most one class of adults who would park on-site during the class, or two classes with

children allowing for drop-off and pick-up.

Periodically (a few times per year), small art shows for friends and families of

students will be held. These will be scheduled during off-traffic times to allow

visitors to park in existing public parking across Dawn Dr.

19


From LV Code of Ordinances, Chapter 14, Section 13.20(b)(1)

with comments inserted



F. Conceptual plan, if required by ordinance.

A 6ft privacy fence has been installed on the West side of the property. No fencing

was installed on the East side as the neighboring parcel is a vacant lot. This section of

fencing will be added in a reasonable timeframe following approval of the zoning

change request and prior to commencing business operations. The neighbor to the

north had an existing fence that is partially 6ft privacy and partially chain link. When

I installed new fencing on the West side, I asked the neighbor to the north if he

wanted me to replace the chain link with privacy fencing. He declined my offer,

saying he liked the view into my yard if I did not mind. As I have been instructed by

the city that this fencing must be added, regardless of the neighbors wishes, we will

do so at the same time as the fencing on the East side property line is added.

G. If required by the planning and zoning commission or city council, a traffic impact

analysis.

It is not expected that operation of this art school will result in any appreciable traffic

impact.

H. A map showing the location and line size of the nearest or proposed point of

connection to, wastewater and water lines.

The existing structure is attached to city water (at the NW corner of the property) and

sewer (near where driveway connects to Dawn Dr.), which is sufficient for the

business purposes. There are no toxic materials or strong chemicals used in our

school, and as a result none will be introduced to the city sewer system.

I. Certification from all applicable taxing authorities that all taxes due on the subject

parcel sought to be zoned or rezoned have been paid.

Travis County taxes as well as LVPOA fees are all paid and current.

J. Any other relevant information requested by the Commission or the Council.

20


“Design Review Ordinance Criteria” as received from R. Jambor with comments inserted.



Approval Standards and Criteria. Issues to be adequately addressed and resolved by the applicant in order to receive design review approval include, but are not limited to the following: (1) Conformity with all applicable regulations within the Code of Ordinances, the current Lago Vista Comprehensive Master Plan and any other adopted land use policies. To the best of our knowledge and belief, zoning properties in this area of Dawn Drive is consistent with the directions and plans for the city to foster a robust downtown corridor, encouraging both small businesses and existing residences in a mixed use area. (2) The location, arrangement, size, design and general site compatibility of structures and other improvements such as parking, landscaping, fences, lighting, signs and driveway locations to mitigate and otherwise avoid unreasonable negative impact to adjacent property (including public property or a public right-of-way) due to:

(A) Reduced privacy; No meaningful reduction in privacy for neighbors is anticipated. Classes are held within the existing building, and traffic in and out of the property is limited to specific class times, heavily weighted to after school hours. We have addressed privacy fencing in notes in this application packet on the Code of ordinances Chapter 14, Section 13.20(b)(1) (B) Reduced use, utility or property rights; No reduction in use, utility, or property rights for neighbors is anticipated. (C) Avoidable light and sound trespass; or No changes to lighting are needed to change from the previous residential lighting to the proposed C1 zoning and use. Lighting behind the garage over the back-of-property parking area is aimed down to avoid impact on back neighbors. (D) Unwarranted reductions in the visual or aesthetic quality of views beyond that which is an inherent result of development. We have received many compliments from neighbors and other city residents on how much the property is improved in visual appeal from the previous owner. Other than the city mandated additional privacy fencing, and an anticipated future application for an appropriate front yard business sign, no visual or aesthetic changes are anticipated as a result of granting this re-zoning.

(3) Landscaping, the location and configuration of required offsite parking and the arrangement of open space or natural features on the site shall:

(A) Minimize the visual and environmental impact of large expanses of uninterrupted paving; There is a large area in the backyard that can easily accommodate the required parking (4 parking spots, one of which must be HC accessible per R.Jambor email dated 10jun2020). This parking can be accommodated without removing trees, and without pouring concrete by using appropriate pervious or permeable material. (B) Create a desirable and functional open space environment for all intended site patrons, including pedestrians, bicyclists, and motorists; and (C) Provide buffers and attractive screening to minimize the functional or visual impact of certain uniquely non-residential or multifamily site elements to help create a more logical and natural transition to dissimilar developments. Additional fencing will be added per city requirements (see design plans), and we anticipate a future application to add an approved business sign. Other than this, from an external view, the facility will continue to appear to be a typical, well maintained, residential structure.

(4) Circulation systems, transportation components and off-street parking shall integrate to: (A) Provide adequate and safe access to the site for motor vehicles as well as alternate modes of transportation, including pedestrians, bicyclists, and any potential public transit users;

21


“Design Review Ordinance Criteria” as received from R. Jambor with comments inserted.



(B) Eliminate or reduce dangerous traffic movements; No issues are foreseen, and therefore no changes are planned for the existing residential style driveway. (C) Minimize driveway or curb cuts by using cross-access servitudes and shared parking. No changes are planned for driveways. whenever possible and appropriate; (D) Accommodate sign locations that do not create sight-obstructions that are potentially hazardous to any transportation mode; and This will be easy to accomplish in the event of future installation of an approved sign. (E) Clearly define a network of pedestrian connections in and between parking lots, sidewalks, open spaces, and structures that is visible, identifiable, and safe. The existing backyard area which is surrounded by a collection of trees will be upgraded for parking as required This area connects directly to the driveway and thereby to both the front and back access doors of the main facility. We do not believe there is any need for further modifications beyond those described in our included design drawings for parking and parking access.

(5) Building facades visible from a public right-of-way shall avoid large expanses or massive amounts of unarticulated exterior finish surfaces or that are otherwise lacking in elements that relate to pedestrian or human scale. The building will maintain it’s residential look & feel to the

extent allowed by the city.

22


20-1564-R-REZ

20308 Dawn Drive

Attachment 2

Site Plan

23

20308 Dawn Drive

24

177831 177830 177829

~Om ltl•------~200ft

25

Neighbors of 20308 Dawn Dr Owned by Paul & Mira Prince

(3304 Parliament Cv, LV)

Dawn Drive

1. 20306 (vacant lot)

Abbas Al lmari 12820 N LAMAR BLVD 1611 Austin TX

2. 20304 (rental)

Laurel Harvey

PO BOX 926 LAMPASAS I TX 2b. 20302 (vacant lot)

Leigh & Laurel Harvey

PO BOX 1297 LAMPASAS I TX 7. 20312 (rental)

Noel & Olivia Esquivel

20402 Dawn Dr, LV 8. 20400 St Mary Catholic church

Fr Raj

9. 20300 (outside 200' zone) Patrick & Catherine Osborne

Poke a long Path

3. 6203 Billy & Christine Burns

4. 6113 (vacant lot) Weyman & Frances Hall

9502 MEADOWHEATH DR

AUSTIN I TX 5. 6111 (vacation)

Robert & Lezlie Ewen

19302 TAPALCOM ES DR

Cypress, TX 6. 6109 (vacant lot)

David Parsons

6105 Pokealong, LV

26

Survey from 10/18 purchase

\ \

_,.

-.. --11- ..... ---, -.. - -.. eirsi.K~ . ·: .. ;:~ . .,,.,_,

27

"natural" parking locations used during H-OCC operation

Water meter

Note: Current "parking" spots typica lly used for ~20 minutes per day during student pickup / dropoff.

Current property status (since "'January 2020)

Roadbase with bark mulch top cover. Estimate <<5% slope

Removed curbing

"'"

Sewer Connect

Note: Tree locations are estimated (not surveyed for quantity or location)

28

20-1564-R-REZ

20308 Dawn Drive

Attachment 3

Applicant Photographs / Design Documents

29

Changes to meet Cl des rvw requirements

(To be completed after zoning chg approval and before re-opening business)

Two sections 6' privacy fence

IUr'IO

Note: The design objective of creating parking spaces will follow these guidelines 1. Avoid impervious (concrete) surfaces while adhering to

approved materials 2. Avoid impact to existing Oak trees 3. Minimize disruption of "residential look" of property.

3+ 1 pkg and access, using approved permeable surface

Rock transition from pavement

30

Property use while operating under H-OCC license

BR

1 Car Garage (Tools I M ower I Etc.)

Living Room

Property use if rezoning approved and commercial business license issued.

31

RE: 20308 Dawn dr

Roy Jambor tome •

lnbox x

<SP Jun 10, 2020, 3:11> PM {:( +..

Here are some Images or acceptable parking solutions that would not jeopardize your ability to meet the impervious surface requirements. There are tons or manufacturers ror these products. The key thing Is you need a decent base and where it connects to traditional paving you need what I can a "shovel beam· 1r you placing on top or clay or sandy silt. That ensures that lhere won't be differential settlement between the two. II the soil beneath both is more stable (limestone near the surface) something less elaborate will sumce.

Note: Above email indicates guidance provided by the city's Director or Development Services. Final implementation of Parking and Parking Access to follow design plan shown in previous su rvey overlay drawing, using materials to be approved by city E.ngineer and/or Development Services prior to installation.

32

20-1564-R-REZ

20308 Dawn Drive

Attachment 4

Maps

35

Date

Drawn By

Project

Change Requested

Request Type

Map Purpose

1 in = 100 ft

1

2

8

3

4

7 5

6

13

12

14

9

1011

Requestor Property

200ft Notice Boundary

Street

TaxParcel

This product is for informational purposes and may not have been prepared for or be suitable for legal,engineering, or surveying purposes. It does not represent an on-the-ground survey and represents only theapproximate relative location of property boundaries.

cmartinez

5/19/2020

20-1564-R-REZ

Notification Boundary Map

R-1D to C-1C

Zoning Change

20308 DAWN

36

Date

Drawn By

Project

Change Requested

Request Type

Map Purpose

1 in = 100 ft

970

960

970

960

950

940

950

960

Requestor Property

Street

Contours10 ft

50 ft

TaxParcel


cmartinez

5/19/2020

20-1564-R-REZ

Aerial & Topo Map

R-1D to C-1C

Zoning Change

20308 DAWN

37

Date

Drawn By

Project

Change Requested

Request Type

Map Purpose

1 in = 100 ft

Requestor Property

Street

C-1A

R-1D

R-2

R-4

U-1

TaxParcelThis product is for informational purposes and may not have been prepared for or be suitable for legal,engineering, or surveying purposes. It does not represent an on-the-ground survey and represents only theapproximate relative location of property boundaries.

cmartinez

5/19/2020

20-1564-R-REZ

Zoning Map

R-1D to C-1C

Zoning Change

20308 DAWN

38

Date

Drawn By

Project

Change Requested

Request Type

Map Purpose

1 in = 100 ft

Requestor Property

Street

Low Density Residential

Public Semi-Public

TaxParcel


cmartinez

5/19/2020

20-1564-R-REZ

Future Land Use Map

R-1D to C-1C

Zoning Change

20308 DAWN

39

20-1564-R-REZ

20308 Dawn Drive

Attachment 5

Notice Comments

40

Project #: 20-1564-R-REZ

Hearing Date: Thursday, July 9, 2020 at 7:00 P.M. utilizing an online videoconferencing tool. Planning and Zoning Commission members, staff and members of the public will participate in this manner only. Additional information, details and instructions on how to participate will be posted as part of the agenda on the City website (lagovistatexas.org) approximately seven days prior to the scheduled meeting date.

Project Property Location: 20308 Dawn Dr. (Lago Vista Estates, Section 26, Lot 26022) 200' Notification Mailing ID #: 1

June 23, 2020

SALAZAR FRANK JUAN JR & CRISANNE SALAZAR 6200 POKEALONG PATH LAGO VISTA, TX 78645

The Planning and Zoning Commission will make a consideration of a recommendation regarding a zoning district change request from R-lD ("Single-Family Residential") to C-IC ("Professional, Business Office, Low Density Retail") for the property located at 20308 Dawn Drive (Lago Vista Estates, Section 2, Lot 5, Block E).

For additional information, please contact us as follows and include the above highlighted project # with all inquiries:

E-mail: [email protected] Phone Number: 512-267-5259

Please return your comments as, soon as possible. Comments received at least seven calendar days prior to the scheduled public hearing will be included in the packets distributed to the members of the body listed above. Individuals who do not own property within the notification boundary or those unable to deliver written comments within the required deadline must attend the public hearing to provide input. Please note that unexplained support or opposition is less useful to the votiD& members than comments with context and a specific basis.

~ Favor; D Opposed

Comments: We; All6 '"' FlhftJtl- tSD Law6t ltS 1llV /l,C{Vu/L.rf/l1G-/Vf~ ~ M6r r

Sig~~& C?

This whole page may be returned as follows:

E-mail: [email protected] Fax: 512-267-5265

Postal Address: Development Services Dept., P.O. Box 4727 T.s.on Vidi:i TX. (l UtA _) 7Rti45

41

J u n. 2 9. 2 0 2 0 11 : 4 9 AM Crossroads Scanner No. 6281 P. 1

Notice of Public Hearing

Project#: 20-1564-R-REZ

Hearing Date: Thursday, July 9, 2020 at 7:00 P.M. utilizing an online videoconferencing tool. Planning and Zoning Commission members, staff and members of the public will participate in this manner only. Additional information, details and instructions on how to participate will be posted as part of the agenda on the City website (lagovista.texas.org) approximately seven days prior to the scheduled meeting date.

P:roject Property Location: 20308 Dawn Dr. (Lago Vista Estates, Section 26, Lot 26022) 200' Notification Mailing ID #: 3

June 23, 2020

BURNS BILLY & CHRISTINE H 6203 POKALONG PATii LAGO VISTA, TX.78645.

The Planning and Zoning Commission will make a consideration of a recommendation regarding a zoning district change request from R-lD ("Single-Family Residential") to C-1 C ("Professional, Business Office, Low Density Retail'') for the property located at 20308 Dawn Drive (Lago Vista Estates, Section 2, Lot 5, BlockE).

For additional information, please contact us as follows and include the above highlighted project# with all inquiries:


Please return your comments as soon as possible. Comments received at least seven calendar days prior to the scheduled public hearing will be included in the packe~ distributed to the members of the body listed above. Individuals who do not own property within the notification boundaty or those unable to deliver written comments within the required deadline must attend the public hearing to provide input. Please note that unexplained support or opposition is less useful to the voting members than comments with context and a specific basis.

~~Favor; D Opposed

Comments:

Signed:~ This whole page may be returned as follows:


Postal Address: Development Services Dept., P.O. Box 4727 Lago Vista, TX, (U.S.A.) 78645

In Person at Front Counter: Development Services Dept., Lago Vista City Hall 5803 Thunderbird St

42

Notice of Public Hearing RECEIVED JUl1I 3 0 2020

Project#: 20-1564-R-REZ

Hearing Date: Thursday, July 9, 2020 at 7:00 P.M. utilizing an online videoconferencing tool. Planning and Zoning Commission members, staff and members of the public will participate in this manner only. Additional information, details and instructions on how to participate will be posted as part of the agenda on the City website (lagovistatexas.org) approximately seven days prior to the scheduled meeting date.

Project Property Location: 20308 Dawn Dr. (Lago Vista Estates, Section 26, Lot 26022) 200' Notification Mailing ID#: 13

June 23, 2020

HARVEY LAUREL POBOX926 LAMPASAS, TX 76550

The Planning and Zoning Commission will make a consideration of a recommendation regarding a zoning district change request from R-lD ("Single-Family Residential") to C-lC ("Professional, Business Office, Low Density Retail") for the prqperty located at 20308 Dawn Drive (Lago Vista Estates, Section 2, Lot 5, BlockE).

For additional information, please contact us as follows and include the above highlighted project # with all inquiries:


Please return your comments as soon as possible. Comments received at least seven calendar days prior to the scheduled public hearing will be included in the packets distributed to the members of the body listed above. Individuals who do not own property within the notification boundary or those unable to deliver written comments within the required deadline must attend the public hearing to provide input. Please note that unexplained support or opposition is less useful to the voting members than comments with context and a specific basis.

D In Favor; ~ Opposed ~A- PJ.rlt...cP~ t!I!J~l..,,,J:Uf;L1 l(.UE,"l o#..:J llf~{; PA-uuµ kfJPe , bfl. 'kl2-.ki-JCE peusbJ!lflf

Comments: A)o r<..tfl._,"l'"~ UJtu.tUr5~ JJ<T 'Ef. . __ Bfk>- SlG/-:1 lkflb,~J?~~eflo~ ~ll-A-U~ ~ t!t!)tx~lt' pcioP,Ut.liL:J&,, ~L(hc.t-[ ri>L.l-ru7i.oQ po()?i!'6tr:-~ 1 3°~ F/2Jli.4L s.~k, P/4CdLllJr1 kta;;z; f{JfS l.ot Pe¢( --;Jr t=l!JW!iEj 'l.b}oV (:J:::iv...pAEf,)

Signed: l, . tl41LVt11' This whole page may be returned as follows:


Postal Address: Development Services Dept., P.O. Box 4727 Lago Vista, TX, (U.S.A.) 78645

In Person at Front Counter: Development Services Dept., Lago Vista City Hall 5803 Thunderbird St.

43

1

ORDINANCE NO. 20-08-06-0X

AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF LAGO VISTA, TEXAS, AMENDING THE OFFICIAL ZONING MAP BY REZONING LOT 2 OF LAGO VISTA ESTATES, SECTION 2, BLOCK E, LOCATED AT 20308 DAWN DRIVE FROM R-1D ("SINGLE-FAMILY RESIDENTIAL") TO C-1C (“PROFESSIONAL, BUSINESS OFFICE, LOW DENSITY RETAIL”); AND PROVIDING FOR THE FOLLOWING: FINDINGS OF FACT; ENACTMENT; SEVERABILITY; REPEALER; PENALTY; PUBLICATION; EFFECTIVE DATE; AUTHORIZING THE CITY MANAGER TO NOTE THE CHANGE ON THE OFFICIAL ZONING MAP OF THE CITY; PROPER NOTICE AND MEETING.

WHEREAS, the owners of Lot 2 of Lago Vista Estates, Section 2, Block E. located at 20308 Dawn Drive have filed an application requesting the rezoning of this property from the R-1D (“Single-Family Residential”) zoning district to the C-1C (“Professional, Business Office, Low Density Retail”) zoning district; and

WHEREAS, after giving ten (10) days written notice to the owners of land in and within 200-feet of the area being rezoned, as well as having published notice to the public at least fifteen (15) days prior to the date of such hearing(s), the Planning and Zoning Commission and City Council each held a public hearing on the proposed re-zoning; and

WHEREAS, the Planning and Zoning Commission at its public hearings on the zoning of this property held on July 9, 2020, reviewed the request and the circumstances of the area to be rezoned from the R-1D (“Single-Family Residential”) zoning district to the C-1C (“Professional, Business Office, Low Density Retail”) zoning district, and found the requested zoning change of the property to be warranted; and

WHEREAS, the City Council at its public hearings on the zoning of this property held on August 6, 2020, reviewed the request and the circumstances of the area to be rezoned from the R-1D (“Single-Family Residential”) zoning district to the C-1C (“Professional, Business Office, Low Density Retail”) zoning district, and found the requested zoning change of the property to be warranted; and

WHEREAS, the City, by and through its legislative discretion has adopted and may amend a comprehensive plan for the City of Lago Vista, and having considered and reviewed such comprehensive plan, the City Council finds the rezoning being requested with the conditions specified herein is consistent with the comprehensive plan as well as the surrounding uses; and

WHEREAS, the City desires that development within its corporate limits occur in an orderly manner in order to protect the health, safety, and welfare of its present and future citizens, protect property values and provide for the growth of the City’s tax base; and

WHEREAS, pursuant to Texas Local Government Code Section 51.001, the City has general authority to adopt an ordinance or police regulation that is for the good government, peace or order of the City and is necessary or proper for carrying out a power granted by law to the City; and

44

2

WHEREAS, pursuant to Chapter 211 of the Texas Local Government Code, the City has the authority to zone and rezone property; and

WHEREAS, the City Council finds that it is necessary and proper for the good government, peace or order of the City of Lago Vista to adopt this Ordinance.

NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF LAGO VISTA, TEXAS, THAT:

Section 1. Findings. The foregoing recitals are hereby found to be true and correct and are hereby adopted by the City Council and made a part hereof for all purposes as findings of fact. The City Council find that this Ordinance satisfies the requirements of Section 13 of the City of Lago Vista Zoning Ordinance.

Section 2. Enactment. The Zoning Ordinance and the Official Zoning Map and other applicable ordinances are hereby modified and amended by rezoning Lot 2 of Lago Vista Estates, Section 2, Block E located at 20308 Dawn Drive from the R-1D (“Single-Family Residential”) zoning district to the C-1C (“Professional, Business Office, Low Density Retail”) zoning district.

Section 3. Severability. Should any section or part of this Ordinance be held unconstitutional, illegal, or invalid, or the application to any person or circumstance for any reasons thereof ineffective or inapplicable, such unconstitutionality, illegality, invalidity, or ineffectiveness of such section or part shall in no way affect, impair or invalidate the remaining portion or portions thereof; but as to such remaining portion or portions, the same shall be and remain in full force and effect and to this end the provisions of this ordinance are declared to be severable.

Section 4. Repealer. All ordinances or parts thereof conflicting or inconsistent with the provisions of this ordinance as adopted and amended herein, are hereby amended to the extent of such conflict. In the event of a conflict or inconsistency between this ordinance and any other code or ordinance of the city, the terms and provisions of this ordinance shall govern.

Section 5. Penalty. Any person, firm or corporation violating any of the provisions or terms of this ordinance or of the Code of Ordinances as amended hereby, shall be subject to the same penalty as provided for in the Code of Ordinances, Section 1.109 General Penalty for Violations of Code; Continuing Violations of the City of Lago Vista, and upon conviction shall be punished by a fine not to exceed Two Thousand Dollars ($2,000.00) for each offense.

Section 6. Publication Clause. The City Secretary of the City of Lago Vista is hereby directed to publish in the Official Newspaper of the City of Lago Vista the Caption, and Effective Date Clause of this Ordinance as required by Section 52.013 of the Texas Local Government Code.

Section 7. Effective Date. This Ordinance shall be in force and effect from and after its passage on the date shown below in accordance with the provisions of the Texas Local Government Code and the City’s Charter.

45

3

Section 8. Change of Zoning Map. The City Manager is hereby authorized to and shall promptly note the zoning change on the official Zoning Map of the City of Lago Vista, Texas.

Section 9. Proper Notice and Meeting. It is hereby officially found and determined that the meeting at which this Ordinance was passed was open to the public, and public notice of the time, place and purpose of said meeting was given, all as required by the Open Meetings Act, Chapter 551, Texas Local Government Code.

AND, IT IS SO ORDERED.

PASSED AND APPROVED this ____ day of ______, 2020.

Ed Tidwell, Mayor

ATTEST:

Sandra Barton, City Secretary

On a motion by Councilman ______________, seconded by Councilman ______________, the above and foregoing ordinance was passed and approved.

46

AGENDA ITEM

CCity of Lago Vista


From:

Subject:

EXECUTIVE SUMMARY:

Mayor & City Council 06 August, 2020


Discussion, consideration and possible action regarding an Ordinance of the City Councilof Lago Vista, Texas amending Chapter 3, Chapter 10 and Chapter 10.5 of the Lago VistaCode of Ordinances to supplement existing drainage and erosion control requirementsapplicable to all property regulated by the City.

Business Item Ordinance

This proposed ordinance amendment contains the remaining two components of a larger effort tocomplete a comprehensive review of some of the major environmental regulations within thejurisdiction of the City of Lago Vista. The "companion component" was the recently completedamendment to the landscaping and tree preservation provisions of Chapter 14 (the zoningordinance). All of the areas include some overlapping and related environmental concerns.Because Chapter 14 amendments require public hearings, that part of the effort required publichearings and as such was a somewhat lengthier process. In addition to a number of otherreasons, the decision was made to pursue that component of the effort first.

Both the landscaping and tree preservation ordinance amendment and the erosion controlmeasures of the current amendment under consideration were largely the result of an effort by ajoint subcommittee consisting of members from both the Planning and Zoning Commission andthe Building and Standards Commission. Their draft landscaping and tree preservationordinance was presented to the Planning and Zoning Commission for a recommendation to theCity Council. Their draft erosion control ordinance was presented to the Building and StandardsCommission for a recommendation to the City Council. As mentioned during the consideration ofthe draft landscaping and tree preservation ordinance, the contribution to this effort by thesubcommittee members cannot be overstated. Each member of that subcommittee chaired byMr. Scott Cameron did a tremendous amount of research preparing for each meeting.

The drainage ordinance amendment was almost exclusively the work of the City Engineer. Mysubsequent edits were intended to improve readability and eliminate grammatical errors withoutchanging the meaning of any provision. Two of his drafts, unspoiled by my edits, were reviewedat separate meetings of the Building and Standards Commission. Although there were anumber of technical errors in both the drainage and erosion control provisions that werecorrected in later drafts that were not reviewed by the Building and Standards Commission, noneof them involved substantive changes or altered the nature of any proposed requirement.

47

Impact if Approved:

Impact if Denied:




nown as

Motion to

Motion to

Motion to


_____________________________________________________________________________________

Drainage and erosion control improvements, particularly those associated with constructionprojects, will yield results that are more consistent with the expectations of our existing residentsand new home owners.

Drainage requirements will remain in their existing form, but some alternate and additional erosioncontrol requirements for single-family and two-family residences will have to be crafted andadopted.


Deny Ordinance N/A N/A N/A

Table Ordinance N/A N/A N/A

Supplemental drainage and erosion control requirements.

48

MEMORANDUM

TO: City Council and Staff FROM: Eric Belaj CC: Josh Ray, Erin Silvera, Roy Jambor DATE: July 28, 2020 RE: Lago Vista Drainage Ordinance ______________________________________________________________________________

BACKGROUND The City has been working on updating drainage and erosion control ordinance requirement. The intent is for

developments to be accountable to the City and the prospective buyers by minimizing the amount of potential issues that drainage and erosion may cause. All too often has occurred that a byer purchases a home to find out the builder caused a problem for him/her, the neighbor, or for the City. This ordinance addresses some of those issues that were either not addressed or too vague.

ANALYSIS

As such for not creating undue burden to all builders and construction there have been allowed some exemptions. Below is the reasoning and justifications for them. Note, that none of these items below are exempt from the LCRA Highland Lakes Watershed requirements (erosion or water quality). The exemptions are generally for stormwater runoff quantity such as detention or providing for City review necessary stormwater calculations for the City to determine compliance.

(A) Construction permit applications submitted within 6-months from the effective date of this ordinance.

This exception is because most builders/developers within this time frame have already begun construction (possibly close to completion) and the budgetary amounts have already been set for that property.

(B) Single-family or two-family residences that are not part of a “common plan of development” as defined above and in Section 3.1101 herein.

Because existing lots that have already been platted were (although inadequately) accounted for regarding drainage with the City’s original subdivision development. All new developments take into account new home impact with the drainage requirements.

(C) City initiated projects adding 5% or less impervious cover within the property boundary where improvements are made.

This was set forth because anything that falls within this parameter generally will not become evident in the drainage calculations. The number is so small that will likely fall within rounding error tolerances and assumptions. This also

49

allows for places like the golf course to install a cart-path or a new bathroom along the course without having to hire a consultant to do a drainage system analysis.

(D) City initiated repairs or improvements that consists wholly of infrastructure system components within, or adjacent to, existing Right of Way or easement.

This criteria covers items such as roadway rehabilitation project, or utility line projects. Although it would not be conceivable that placing a sidewalk between City Hall and Library would trigger a large-scale drainage analysis, it would be prudent to simply exempt such projects than obligated to justify otherwise. This would not cover new projects such as Bonanza extension.

(E) Other City funded construction projects with the express written approval of the City Manager.

This is for the City Manager to present to council and all that is or is not included in that project. Knowing that we cannot possibly cover every scenario into 4-bullet points above this would allow for anything out there that would obviously not be a needed drainage requirements. (e) Design and Analysis Requirements. With exception to City initiated project, all engineering analysis, reports, designs, and drawings shall comply with the requirements herein. The current process is that developer show their analysis/calculations in a certain manner that City Staff who are reviewing it can understand. It would be pointless to have to generate something that the same person is generating it must be able to review it. This is only intended on removing the City from mechanical motion of producing something that the City will have to review.

CONCLUSION

The important fact to note is also that Council recently passed a resolution to present as an agenda item all new City projects for approval. And such, any other project likely not fitting in the criteria above will be presented to council for consideration.

Please feel free to contact me with any questions regarding this letter.

Sincerely, CITY OF LAGO VISTA, TEXAS

Eric Belaj, PE, CFM City Engineer/DPW

50

1

ORDINANCE NO. 20-08-06-0X

AN ORDINANCE OF THE CITY COUNCIL OF LAGO VISTA, TEXAS, AMENDING CHAPTER 3, CHAPTER 10 AND CHAPTER 10.5 OF THE LAGO VISTA CODE OR ORDINANCES TO SUPPLMENT EXISTING DRAINAGE AND EROSION CONTROL REQUIREMENTS APPLICABLE TO ALL PROPERTY REGULATED BY THE CITY; AND PROVIDING FOR RELATED MATTERS.

WHEREAS, the City of Lago Vista, Texas is a Home Rule City; and

WHEREAS, the City Council of the City of Lago Vista has previously established requirements for drainage and erosion control within various chapters of the Code of Ordinances; and

WHEREAS, the staff and members of the community have been confronted with occasional examples of completed construction projects that exploited arguable ambiguities or lack of detail in our drainage and erosion control requirements and that such examples have become more apparent with the recent increase in development activity; and

WHEREAS, the proposed changes should yield results that are more consistent with the expectations of our residents that we zealously protect against adverse environmental impacts to our community and Lake Travis; and

WHEREAS, the Building and Standards Commission of the City of Lago Vista had undertaken a review of the proposed drainage provisions at their meetings on March 12, 2019 and April 9, 2019 and found the changes to be warranted; and

WHEREAS, a joint subcommittee of the Building and Standards Commission and the Planning and Zoning Commission had undertaken a review of the proposed erosion control provisions which they subsequently forwarded as a recommendation for consideration to the Building and Standards Commission; and

WHEREAS, the Building and Standards Commission of the City of Lago Vista had undertaken a review of the proposed erosion control provisions at their meeting on December 10, 2019 and found the changes to be warranted; and

WHEREAS, the City Council desires to amend the Lago Vista Code of Ordinances as described below.


SECTION 1. FINDINGS OF FACT. All of the above and foregoing recitals are hereby found to be true and correct legislative findings of the City and are incorporated herein as findings of fact.

51

2

SECTION 2. AMENDMENT. The City Council of the City of Lago Vista, Texas, does hereby amend Chapter 3, Chapter 10 and Chapter 10.5 of the Lago Vista Code of Ordinances as shown in Exhibit “A,” Exhibit “B” and Exhibit “C.”

SECTION 3. REPEALER. All ordinances, orders or resolutions heretofore passed and adopted by the City Council of the City of Lago Vista, Texas, are hereby repealed to the extent said ordinances, orders or resolutions or parts thereof are in conflict herewith.

SECTION 4. SEVERABILITY CLAUSE. If any section, subsection, article, paragraph, sentence, clause, phrase or word in this Ordinance is for any reason held to be invalid or unconstitutional by a court of competent jurisdiction, such holding shall not affect the validity of the remaining portions of this Ordinance, and the City Council hereby declares it would have passed such remaining portions of this Ordinance despite such invalidity, which remaining portions shall remain in full force and effect.

SECTION 5. EFFECTIVE DATE. This Ordinance shall take effect immediately upon its passage and publication in accordance with the provisions of the Tex. Loc. Gov’t. Code.

SECTION 6. OPEN MEETINGS. It is hereby officially found and determined that the meeting at which this ordinance is passed was open to the public as required and that public notice of the time, place, and purpose of said meeting was given as required by the Open Meetings Act, Chapter 551 of the Texas Government Code.


PASSED AND APPROVED this day of , 2020.

Ed Tidwell, Mayor

ATTEST:


On a motion by Councilmember , seconded by Councilmember , the above and foregoing ordinance was passed and approved.

52

Exhibit “A” (1)

EXHIBIT “A”

CHAPTER 3

BUILDING REGULATIONS

*****

ARTICLE 3.1400 DRAINAGE AND EROSION CONTROL REGULATIONS

Section 3.1401 Drainage.

(a) Intent. In addition to the provisions contained in the Chapter 10 Subdivision Regulations and the Chapter 10.5 Site Development Regulations, these requirements represent the application of accepted principles of drainage and is a working supplement to basic information from standard drainage handbooks and other publications on drainage. The policy statements of this section provide the underlying principles by which all drainage facilities shall be designed. The application of the policy is facilitated by the technical criteria contained in the remainder of the City’s adopted drainage design manual.

(b) Applicability and Exemptions.

(1) Notwithstanding the exceptions specifically listed below, all development shall comply with the applicable provisions of the Highland Lakes Watershed Ordinance contained in Section 3.1101 herein, including non-point source requirements.

(2) Any development activity that is completed in separate stages, separate phases, or in combination with other development or construction activities, which is defined as a “common plan of development” in Section 3.1101 herein, shall be considered collectively in determining the applicability of the provisions of this section.

(3) This article shall apply to all proposed construction, regardless of size, within the municipal limits of the City and its extraterritorial jurisdiction (ETJ) except as follows:

(A) Construction permit applications submitted within 6-months from the effective date of this ordinance;

(B) Single-family or two-family residences that are not part of a “common plan of development” as defined above and in Section 3.1101 herein;

(C) City initiated projects adding impervious surfaces within the boundaries of the property where improvements are made to five percent (5%) or less of the total property area;

(D) City initiated repairs or improvements that consists wholly of infrastructure system components within an existing right-of-way or easement; and

53

Exhibit “A” (2)


(c) General.

(1) The City shall have the right to enter the premises of any site discharging stormwater to the stormwater drainage system, to water quality control systems, or natural drainage ways to determine if the discharger is complying with all requirements of this article and with any state, federal or LCRA discharge permit, limitation or requirement. Dischargers shall allow the City ready access to the entire premises for the purposes of inspection, sampling, records examination, records copying, and for the performance of any additional duties. Dischargers shall make available to the City, upon request, any Storm Water Pollution Prevention Plans (SWPPPs), operating permits, site development permits, construction permits, modifications thereto, self-inspection reports, monitoring records, compliance evaluations, notices of intent, and any other records, reports, and other documents related to compliance with this article and with any state, federal or LCRA discharge permit.

(2) The City shall withhold all City services and improvements of any nature, including but not limited to the maintenance of streets or additional permit approvals until proposed construction or development is complete and in accordance with the approved engineering plans and City standards. If intended or required for public use, such public improvements shall be dedicated to and accepted by the City in accordance with the provisions of the Chapter 10 Subdivision Regulations and Chapter 10.5 Site Development Regulations.

(d) Procedural Requirements.

(1) Unless specifically exempt from the requirements herein, all proposed development, regardless of size, shall submit drainage design drawings and documents to the City for approval. All design drawings and documents shall be sealed by a Texas licensed engineer.

(2) Drainage improvements required or approved pursuant to Section 2.20 of Chapter 10 regarding Subdivision Construction Plans are required to be fully complete and approved by the City in accordance with those provisions.

(3) No proposed construction shall cause a flood hazard, or any adverse impact of any sort to adjacent properties, a public right-of-way or any public or private infrastructure improvements regardless of whether such improvements are otherwise exempted from these requirements. The stormwater rate of runoff after construction shall be less than or equal to the site's runoff prior to construction. All development shall incorporate facilities to prevent any increase in the peak rate of runoff or channelizing or concentrating in any way.

(4) At the discretion of the City Engineer, preparation and submission of a FEMA or flood study may be required for a proposed development if there are concerns regarding storm drainage on, upstream or downstream from the subject property. The costs of such study, if required, shall be borne by the property owner.

(e) Design and Analysis Requirements. With the exception of City initiated projects, all engineering analysis, reports, designs, and drawings shall comply with the requirements herein.

54

Exhibit “A” (3)

(1) Engineering Analysis.

(A) Certified engineering data and calculations shall demonstrate the absence of adverse impact on all downstream conveyances and property between the downstream property line and the receiving major waterway. The peak rate or runoff, both before and after development shall be calculated based on 2-year, 10-year, 25-year and 100-year storm events.

(B) Certified engineering data and calculations shall fully describe, explain, and justify recommended alternatives to detention. Engineering data is required for on-site storage and for the required regulation of peak flows as defined in the City’s adopted drainage criteria manual, which typically defines peak flow as a 100-year storm event. All engineering calculations shall be done in accordance with the City of Austin Drainage Criteria.

(C) If the property is adjacent to a major waterway such as Lake Travis, a major creek or canyon, the City Engineer may waive detention requirements if it is determined that it will not result in an increase in the peak flood flow of the one-percent chance storm event. The design engineer, at the request of the City Engineer, shall analyze and demonstrate that no such increase will result by assuming completely developed watershed conditions of the major waterway. Waiver of this requirement for any reason shall not relieve the owner of responsibility under civil law to adjacent and downstream property owners.

(2) Engineering Design.

(A) The design drawings at a minimum shall comply with the drainage requirements included within the City’s Subdivision and Site Development Regulations.

(B) In order to help reduce stormwater runoff and resulting erosion, sedimentation and conveyance of nonpoint source pollutants, the layout of driveways and parking provisions and the location of structures on building sites shall, to the greatest extent possible, be designed to be compatible with natural contour lines, and shall minimize the amount of cut and fill on slopes and otherwise minimize the amount of land area required to be disturbed by construction improvements.

(C) Development shall avoid concentrated runoff flows to adjacent properties by constructing drainage facilities that disperse flows and mirror the flow patterns of the pre-development conditions. Pre-approved design methodology is the use of a flow spreader. All other methods are subject to City review and approval.

(D) An adequate storm sewer system consisting of inlets, pipes and other underground structures with approved outlets shall be constructed where runoff of stormwater and the prevention of erosion cannot be accomplished satisfactorily by surface drainage facilities.

(E) Areas subject to flood conditions under storm event designated or defined in the City’s drainage criteria manual, or inadvertent stormwater retention such as standing or

55

Exhibit “A” (4)

pooling water, will not be approved for development until adequate drainage, as determined by the City Engineer has been provided.

(F) In no case shall drainage areas be diverted artificially to adjacent properties or across roadways. Stormwater drainage from one residential property to another is prohibited except pursuant to a demonstration that doing so does not pose any harm or inconvenience to the downstream property owner(s) and unless specifically approved by the City.

(G) Construction of enclosed storm sewers and impervious channel linings are permitted only when the City, based on competent engineering documentation provided by the applicant, concludes that such storm sewers or impervious linings are protective of the watershed and will maintain water quality.

(H) All drainage or water quality improvements shall be located on the property responsible for the impact absent the approval of the City Engineer and accompanied by the appropriate recorded instruments that encumber off-site locations for that specific purpose. If approved by the City Engineer, engineering data to demonstrate adequate conveyance of stormwater flows from the site to the off-site storage facility shall be provided by the submittal of maps and engineering calculations.

(I) Development in naturally low areas, including single-family and two-family residences, shall maintain the pre-existing natural flow of water at locations that are downstream from the property. If approved by the City Engineer, a property owner or his authorized representative may propose an engineering design that diverts the natural flow of water and is demonstrated to have no adverse impact to any natural drainage flow or adjacent properties. Pursuant to such approval, the property owner shall dedicate a drainage easement to accommodate a 500-year level storm and include within that easement a maintenance strip as a drainage way access.

(3) Water Quality Requirements.

(A) All development adjacent to creeks and drainage collection areas shall comply with the requirements of the City's nonpoint source pollution control ordinance.

(B) To the maximum extent practical, drainage shall be designed to prevent erosion and attenuate the harm of contaminants collected and transported by stormwater.

(C) To the maximum extent practical, all stormwater drainage shall be treated using overland flow methods to a vegetated buffer, depending on volumes and velocities of runoff for the development, as opposed to concentrating flows in storm sewers and drainage ditches. If storm sewers are deemed necessary as specified above, the applicant shall design the stormwater drainage system to mitigate its impact on water quality by using structural devices or other methods to prevent erosion and dissipate discharges from outlets wherever practicable, and by directing discharges to maximize overland flow through buffer zones or grass-lined swales.

56

Exhibit “A” (5)

(D) Except as specifically exempted above, all proposed construction improvements that disturb more than ten thousand (10,000) square feet of property and results in more than fifteen percent (15%) of the property being covered with an impervious surface shall comply with the City’s water quality Best Management Practice (nonpoint source pollution requirements). These nonpoint source pollution requirements apply to all construction that is not specifically excluded above, regardless of the availability of infrastructure already in place.

(E) All subsequent phasing of any development that qualified for a nonpoint source pollution waiver in previous phases, shall collectively consider the entire “common plan of development” and the entirety of any such related property when presenting engineering analysis and design to the City for approval.

(F) All design and construction shall comply with the City’s erosion control requirements. Any alternative methods or deviations shall require formal written approval prior to the issuance of any construction permits.

(G) All development that disturbs a total of five acres or more of land shall submit to the City the TCEQ Notice of Intent prior to any construction activity.

(f) Construction Requirements.

(1) No proposed construction improvements or development shall cause stormwater to be discharged into a wastewater system, water well, cave, sinkhole or other non-common discharge point except downstream discharge points approved by the City Engineer.

(2) Each proposed stormwater conveyance component must be sufficiently designed and constructed of materials to resist external pressure caused by earth or constructed improvements and internal pressure or abrasion caused by water or debris.

(3) No individual, organization, construction or development shall deepen, widen, fill, reclaim, reroute or change the course or location of any existing ditch, channel, stream or drainage way without first obtaining written permission from the City Engineer and all other City departments having jurisdiction.

(4) All creeks and drainage areas shall be protected in their natural condition.

(5) The criteria for use in designing storm sewers, culverts, bridges, drainage channels and drainage facilities shall conform to the City’s Technical Construction Standard Specifications (TCSS) Manual.

(g) Easements.

(1) Drainage easements shall encompass the entire proposed or existing drainage facility improvements plus an additional five (5) feet in all directions, but in no case shall be less than a minimum of twenty (20 feet in width. For dry weather creeks, ditches, and other drainage facilities the easement shall follow the centerline of the concentrated flows.

57

Exhibit “A” (6)

(2) All drainage facilities shall have an access and maintenance easement in addition to a drainage easement as described below. Drainage facility access and maintenance easements shall be no less than fifteen (15) feet wide and connected to a public right-of-way or an unrestricted public use property. The access easement shall be dedicated to the public for the express purpose of unrestricted access, including use by all public utility and emergency service providers.

(3) All easements described in this section shall be labeled or otherwise describe their specific purpose and be included on a plat approved in accordance with the requirements of the Chapter 10 Subdivision Regulations, except when specifically authorized and approved by the City Manager or his designee as a separate recorded instrument. Separate recorded instruments for the dedication of such easements shall include the required approval signatures and testaments from the City and be limited to a single, individual lot.

Section 3.1402 Erosion Control.

(a) Purpose and General Requirements. In addition to the Chapter 10 Subdivision Regulations and the Chapter 10.5 Site Development Regulations and unless specifically exempted by the City Engineer pursuant to an approved site development plan, the soil stability and erosion control measures described below shall be required in all areas within the City of Lago Vista, specifically including the location of any one or two-family residence, to eliminate or minimize the negative impacts of exposed soils or other conditions that:

(1) have the potential to create undesirable water quality related results and damage to Lake Travis or other areas within the Highland Lakes watershed;

(2) might cause damage to public or private property;

(3) might damage resources essential to fish and wildlife areas;

(4) increase flooding hazards;

(5) hinder the growth of desirable vegetation; or

(6) might lead to unintended soil deposits.

(b) Responsible Party. The responsibility for implementation of slope stability or erosion control measures shall be the owner(s) of private property on which it is observed and determined by the City that soil degradation is occurring or has the potential to occur. Nonetheless no temporary or permanent certificate of occupancy shall be issued on any construction project or silt fences removed until all required improvements as described below are complete and capable of withstanding normal weather conditions.

(c) Applicability. The determination of the need to perform additional slope stabilization or to implement additional erosion control measures shall be made by the City Engineer, in consultation with the Building Official and Development Services Director and may include other appropriate agencies such as the Lower Colorado River Authority. Situations or

58

Exhibit “A” (7)

occurrences that may be considered in making the determination that slope stabilization or erosion control measures shall be required include, but are not limited to: build-up of soils; formation of swales or gullies that preclude vegetation; runoff during storms that includes detectable solid material; and other similar observations. In addition, all construction projects involving the movement of soils or any clearing, grubbing or other procedures that might expose soils to the elements shall also complete all erosion control measures and procedural requirements specified herein as a condition of the construction permit without the need for any specific determination.

(d) Erosion Control Measures and Specific Requirements.

(1) Vacant Property and Maintenance of Previously Developed Property.

(A) All property owners within the City of Lago Vista shall use the following measures to minimize erosion on vacant or previously developed property:

(i) Minimize the area and timeframe of all soil disturbance;

(ii) Maintain low slope angles and short slope lengths;

(iii) Re-vegetate disturbed soil areas with sod, grass seeds, wildflowers or plants;

(iv) Fertilize and irrigate re-vegetation areas in accordance with local ordinances;

(v) Incorporate slope stabilization and erosion control measures in areas that discharge directly or indirectly to streams, creeks, ponds, or Lake Travis;

(vi) Where necessary, use mechanical stabilization techniques and/or retaining walls to control erosion and sedimentation;

(vii) Check erosion control measures periodically to monitor their effectiveness;

(viii) Complete grading and erosion control measures only during dry seasons; and

(ix) Comply with the grading and erosion control requirements of local ordinances, the International Building Code and all other applicable state or federal regulations.

(B) Whenever any clearing or grubbing involves stump removal, the use of heavy equipment or any other activity that results in the disturbance of soil and is not otherwise authorized by an existing construction permit, a nonpoint source

59

Exhibit “A” (8)

pollution permit in accordance with the requirements of Article 3.1100 of this Chapter is required. The application for that permit will specify the permanent erosion control and soil stabilization methods that will be employed and be completed before removal of temporary silt fences will be allowed.

(C) If a determination is made that additional erosion control and/or soil stabilization is needed, the property owner shall be required to complete some or all measures required for new construction projects to stop, reduce, or minimize the erosion problem, pursuant to a written notice. The specific extent of required measures shall be determined by the City Engineer and implemented in accordance with the conditions and time frame established in the required non-point source pollution permit. Failure to secure such a permit or to comply with its requirements shall result in the violation being treated in accordance with the severity of the problem as either an unsafe or hazardous condition under the provisions of Article 3.1200 of Chapter 3 or as a nuisance under the provisions of Chapter 8.

(2) Construction Projects.

(A) Slopes less than or equal to 4:1 (25 percent).

(i) Construction projects involving moderate slopes equal to or less than 4:1 or twenty-five percent are not required to have a formal, prior-approved erosion control and soil stabilization plan in order to receive a construction permit. However, a temporary or permanent certificate of occupancy shall not be issued if any portion of the property includes bare soils, except in accordance with the materials and methods prescribed below to control erosion and sedimentation.

(ii) Mulch and bare soils are only allowed in designated plantings areas and when fully enclosed and contained by buildings, retaining walls or approved edging materials described below and extending a minimum of two inches above any loose material.

(iii) Unless unable to pass through a four inch sieve and greater in average density (weight) than one hundred pounds per cubic foot, all aggregate or crushed stone used as a xeriscape component shall be contained by buildings, retaining walls or approved edging materials described below and extending a minimum of two inches above any loose material.

(iv) The length of any slope shall be limited to a maximum of thirty linear feet and thereafter use acceptable barriers or interruptions of approximately level graded areas no less than five feet in length. Acceptable barriers

60

Exhibit “A” (9)

include landscaped berms or terraces and retaining walls. Retaining walls shall be constructed of concrete, precast concrete or masonry. The use of wood (including railroad ties) or steel is prohibited. Retaining walls four feet or greater in height shall be designed by an engineer with a current Texas registration.

(v) All landscape edging required by this section to contain loose material shall consist of concrete, precast concrete or masonry products embedded or otherwise anchored to prevent movement under normal weather conditions. The use of plastic, rubber and metal edging is prohibited.

(vi) Except as specifically allowed above, all remaining natural and permeable areas within the boundaries of the property shall include a combination of the following forms of vegetation required to stabilize the soil and control erosion. All such areas shall have topsoil adequate to maintain the specific type of planted materials selected. Approved materials include sod, grasses, hydro-mulch, wildflowers, planted ground covers, shrubs and trees. When appropriate, the use of native grasses or wildflowers that promote water conservation is particularly encouraged. Planting of native grasses, shrubbery, and trees shall be required when otherwise necessary to maintain long-term stability of erosion control methods in difficult areas. Exposed soils in any form is prohibited at the time any type of certificate of occupancy is issued or before silt fencing is removed.

(B) Slopes greater than 4:1 or Substantial Existing Bare Soil Areas. Development projects constructed in areas with slopes equal to or greater than 4:1 or that involve substantial existing bare soil areas shall be required to submit a complete erosion control and soil stabilization plan as part of the permit application package. Where cuts or fills exceed four feet or the erosion control plan includes retaining walls of a height of four feet or greater, all appropriate elements of the erosion control plan shall be reviewed and endorsed by a civil engineer with a current Texas registration.

(C) Slopes in the floodplain and adjacent to Lake Travis. If the project includes improvements in the one hundred-year floodplain directly adjacent to Lake Travis, a professionally prepared engineering erosion control plan may be required in accordance with the determination of the City Engineer or Floodplain Manager. For those areas, no unprotected fill or stockpiled soil materials shall be allowed. Disturbance of vegetation cover must be kept to a minimum, and removal of stable mature trees or other vegetation shall be avoided. Drainage and sediment control with appropriate devices such as barriers, channels, infiltration trenches, water energy absorbing materials, and sediment traps may

61

Exhibit “A” (10)

also be required.

Section 3.1403 Penalties. No structure or land shall hereafter be constructed, located, extended, converted, or altered without full compliance with the terms of this article and other applicable regulations. Violation of the provisions of this article by failure to comply with any of its requirements (including violations of conditions or safeguards established in connection with conditions) shall constitute a misdemeanor. Any person who violates this chapter or fails to comply with any of its requirements is subject to a civil penalty upon conviction of not less than one hundred dollars ($100.00) or more than two thousand dollars ($2,000.00) for each act and day of violation, in addition to being responsible for all costs and expenses involved with the case. Nothing herein contained shall prevent City of Lago Vista from taking such other lawful action as is necessary to prevent or remedy any violation.

*****

62

Exhibit “B” (1)

EXHIBIT “B”

CHAPTER 10

SUBDIVISION REGULATIONS

*****

EXHIBIT A PLAT AND SUBDIVISION REGULATIONS

*****

SECTION 2 PROCESSING OF PROPOSED SUBDIVISIONS AND DEVELOPMENT

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2.18 Final Plat

*****

(d) Limitations to Approving Final Plat. A final plat shall not be approved if:

(1) The tract is not in conformance with the Zoning Ordinance or the Subdivision Ordinance.

(2) Fees in-lieu of parkland dedication as required by this Ordinance, if applicable, have not been paid.

(3) A letter from the City Engineer stating that all improvements have been completed and passed inspection has not been received by the City. At the discretion of the City Manager and City Engineer, alternate compliance with this completion requirement can take the form of a cash or surety bond in the amount of one hundred twenty-five percent (125%) of a certified engineer’s estimate of the cost of any incomplete improvements. The engineer’s certified estimate shall include the cost of all remaining construction, planning, and design and be stamped by a Texas Licensed Engineer and be thereafter approved and confirmed as accurate and complete by the City Engineer.

(4) Applicable fees required by this Ordinance have not been paid.

(5) Notes describing any variances approved by the Commission have not been added to the plat.

(6) As-Built Drawings meeting the requirements of this Ordinance have not been provided.

(7) Electronic files containing computer generated drawings of all public improvements shown on the Construction Plans, and all lot lines shown on the Final Plat, have not been submitted to the City to update City record drawings.

63

Exhibit “B” (2)

(8) Three (3) copies of Maintenance bonds meeting the requirements of this Ordinance have not been provided.

(9) An affidavit of all bills paid and a release of liens, excluding property liens, have not been provided.

(10) Any and all other requirements identified in the Final Plat process have not been satisfied.

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SECTION 4 STANDARDS AND SPECIFICATIONS

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4.11 Water Quality and Drainage

In order to help reduce stormwater runoff and resulting erosion, sedimentation and conveyance of nonpoint source pollutants, the layout of the street network, lots and building sites shall, to the greatest extent possible, be sited and aligned along natural contour lines, and shall minimize the amount of cut and fill on slopes in order to minimize the amount of land area that is disturbed during construction.

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4.112 Drainage

In addition to the requirements below, all development shall comply with applicable provisions of Articles 3.1100 and 3.1400 of Chapter 3 of the Code of Ordinances.

*****

64

Exhibit “C” (1)

EXHIBIT “C”

CHAPTER 10.5

SITE DEVELOPMENT

ARTICLE 10.5.100 SITE DEVELOPMENT PLAN

*****

Sec 10.5.105 Standards And Specifications

*****

(f) Drainage and Erosion Control. Drainage improvements and erosion control measures shall comply with applicable provisions of Articles 3.1100 and 3.1400 of Chapter 3 and Section 4.112 of Chapter 10 of the Code of Ordinances.

(g) Fences and Screening Devices. Fences and screening devices shall be installed, repaired and maintained according to the latest version of the zoning ordinance.

(h) Illumination. All outdoor or exterior lighting shall comply with Article 3.800 of Chapter 3.

(i) Pollution. Unless authorized by an appropriate governmental agency with powers superseding those of the city, there shall be no dumping or discharge of any waste, wastewater, chemicals, polluted liquids, toxic material, or any other substance which constitutes a known hazard to humans or animals, onto any property or into any waterway or stream, pond, or detention pond, during the development process or after its completion. During the development process, all developments shall have on-site, rigid, tamper-proof containers for the disposal of nonhazardous solid waste.

(j) Trash Storage and Recycling Areas. Trash storage and recycling areas for attached dwellings and all business and industrial buildings or uses shall be accommodated within the structure, or adequate area shall be included on site and indicated on a site plan. All outdoor trash recycling storage and containers shall be placed on hot mix asphalt, concrete, brick pavers or reinforced concrete and shall be screened from public view by a solid fence of no more than six (6) feet in height.

(k) Fire Hydrants. Fire hydrants shall conform to standards contained in the city’s standards and location of fire hydrants shall be approved by the Travis County Fire Marshal.

(l) Prohibitions. Construction shall not be allowed in the street rights-of-way, public utility easements, drainage easements or other easements, or within the setback stance except for landscaping, sidewalks, landscape irrigation, or fences that are in accordance with the city’s fence regulations.

(m) Special Planning Area (Property Located in the Former Austin ETJ)

*****

65

CHAPTER 3

BUILDING REGULATIONS

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ARTICLE 3.1400 DRAINAGE AND EROSION CONTROL REGULATIONS

Section 3.1401 Drainage.

(a) Intent. In addition to the provisions contained in the Chapter 10 Subdivision Regulations and the Chapter 10.5 Site Development Regulations, these requirements represent the application of accepted principles of drainage and is a working supplement to basic information from standard drainage handbooks and other publications on drainage. The policy statements of this section provide the underlying principles by which all drainage facilities shall be designed. The application of the policy is facilitated by the technical criteria contained in the remainder of the City’s adopted drainage design manual.

(b) Applicability and Exemptions.

(1) Notwithstanding the exceptions specifically listed below, all development shall comply with the applicable provisions of the Highland Lakes Watershed Ordinance contained in Section 3.1101 herein, including non-point source requirements.

(2) Any development activity that is completed in separate stages, separate phases, or in combination with other development or construction activities, which is defined as a “common plan of development” in Section 3.1101 herein, shall be considered collectively in determining the applicability of the provisions of this section.

(3) This article shall apply to all proposed construction, regardless of size, within the municipal limits of the City and its extraterritorial jurisdiction (ETJ) except as follows:

(A) Construction permit applications submitted within 6-months from the effective date of this ordinance;

(B) Single-family or two-family residences that are not part of a “common plan of development” as defined above and in Section 3.1101 herein;

(C) City initiated projects adding impervious surfaces within the boundaries of the property where improvements are made to five percent (5%) or less of the total property area;

(D) City initiated repairs or improvements that consists wholly of infrastructure system components within an existing right-of-way or easement; and


66

(c) General.

(1) The City shall have the right to enter the premises of any site discharging stormwater to the stormwater drainage system, to water quality control systems, or natural drainage ways to determine if the discharger is complying with all requirements of this article and with any state, federal or LCRA discharge permit, limitation or requirement. Dischargers shall allow the City ready access to the entire premises for the purposes of inspection, sampling, records examination, records copying, and for the performance of any additional duties. Dischargers shall make available to the City, upon request, any Storm Water Pollution Prevention Plans (SWPPPs), operating permits, site development permits, construction permits, modifications thereto, self-inspection reports, monitoring records, compliance evaluations, notices of intent, and any other records, reports, and other documents related to compliance with this article and with any state, federal or LCRA discharge permit.

(2) The City shall withhold all City services and improvements of any nature, including but not limited to the maintenance of streets or additional permit approvals until proposed construction or development is complete and in accordance with the approved engineering plans and City standards. If intended or required for public use, such public improvements shall be dedicated to and accepted by the City in accordance with the provisions of the Chapter 10 Subdivision Regulations and Chapter 10.5 Site Development Regulations.

(d) Procedural Requirements.

(1) Unless specifically exempt from the requirements herein, all proposed development, regardless of size, shall submit drainage design drawings and documents to the City for approval. All design drawings and documents shall be sealed by a Texas licensed engineer.

(2) Drainage improvements required or approved pursuant to Section 2.20 of Chapter 10 regarding Subdivision Construction Plans are required to be fully complete and approved by the City in accordance with those provisions.

(3) No proposed construction shall cause a flood hazard, or any adverse impact of any sort to adjacent properties, a public right-of-way or any public or private infrastructure improvements regardless of whether such improvements are otherwise exempted from these requirements. The stormwater rate of runoff after construction shall be less than or equal to the site's runoff prior to construction. All development shall incorporate facilities to prevent any increase in the peak rate of runoff or channelizing or concentrating in any way.

(4) At the discretion of the City Engineer, preparation and submission of a FEMA or flood study may be required for a proposed development if there are concerns regarding storm drainage on, upstream or downstream from the subject property. The costs of such study, if required, shall be borne by the property owner.

(e) Design and Analysis Requirements. With the exception of City initiated projects, all engineering analysis, reports, designs, and drawings shall comply with the requirements herein.

(1) Engineering Analysis.

(A) Certified engineering data and calculations shall demonstrate the absence of adverse impact on all downstream conveyances and property between the downstream property line and the receiving major waterway. The peak rate or runoff, both before and after development shall be calculated based on 2-year, 10-year, 25-year and 100-year storm events.

67

(B) Certified engineering data and calculations shall fully describe, explain, and justify recommended alternatives to detention. Engineering data is required for on-site storage and for the required regulation of peak flows as defined in the City’s adopted drainage criteria manual, which typically defines peak flow as a 100-year storm event. All engineering calculations shall be done in accordance with the City of Austin Drainage Criteria.

(C) If the property is adjacent to a major waterway such as Lake Travis, a major creek or canyon, the City Engineer may waive detention requirements if it is determined that it will not result in an increase in the peak flood flow of the one-percent chance storm event. The design engineer, at the request of the City Engineer, shall analyze and demonstrate that no such increase will result by assuming completely developed watershed conditions of the major waterway. Waiver of this requirement for any reason shall not relieve the owner of responsibility under civil law to adjacent and downstream property owners.

(2) Engineering Design.

(A) The design drawings at a minimum shall comply with the drainage requirements included within the City’s Subdivision and Site Development Regulations.

(B) In order to help reduce stormwater runoff and resulting erosion, sedimentation and conveyance of nonpoint source pollutants, the layout of driveways and parking provisions and the location of structures on building sites shall, to the greatest extent possible, be designed to be compatible with natural contour lines, and shall minimize the amount of cut and fill on slopes and otherwise minimize the amount of land area required to be disturbed by construction improvements.

(C) Development shall avoid concentrated runoff flows to adjacent properties by constructing drainage facilities that disperse flows and mirror the flow patterns of the pre-development conditions. Pre-approved design methodology is the use of a flow spreader. All other methods are subject to City review and approval.

(D) An adequate storm sewer system consisting of inlets, pipes and other underground structures with approved outlets shall be constructed where runoff of stormwater and the prevention of erosion cannot be accomplished satisfactorily by surface drainage facilities.

(E) Areas subject to flood conditions under storm event designated or defined in the City’s drainage criteria manual, or inadvertent stormwater retention such as standing or pooling water, will not be approved for development until adequate drainage, as determined by the City Engineer has been provided.

(F) In no case shall drainage areas be diverted artificially to adjacent properties or across roadways. Stormwater drainage from one residential property to another is prohibited except pursuant to a demonstration that doing so does not pose any harm or inconvenience to the downstream property owner(s) and unless specifically approved by the City.

(G) Construction of enclosed storm sewers and impervious channel linings are permitted only when the City, based on competent engineering documentation provided by the applicant, concludes that such storm sewers or impervious linings are protective of the watershed and will maintain water quality.

68

(H) All drainage or water quality improvements shall be located on the property responsible for the impact absent the approval of the City Engineer and accompanied by the appropriate recorded instruments that encumber off-site locations for that specific purpose. If approved by the City Engineer, engineering data to demonstrate adequate conveyance of stormwater flows from the site to the off-site storage facility shall be provided by the submittal of maps and engineering calculations.

(I) Development in naturally low areas, including single-family and two-family residences, shall maintain the pre-existing natural flow of water at locations that are downstream from the property. If approved by the City Engineer, a property owner or his authorized representative may propose an engineering design that diverts the natural flow of water and is demonstrated to have no adverse impact to any natural drainage flow or adjacent properties. Pursuant to such approval, the property owner shall dedicate a drainage easement to accommodate a 500-year level storm and include within that easement a maintenance strip as a drainage way access.

(3) Water Quality Requirements.

(A) All development adjacent to creeks and drainage collection areas shall comply with the requirements of the City's nonpoint source pollution control ordinance.

(B) To the maximum extent practical, drainage shall be designed to prevent erosion and attenuate the harm of contaminants collected and transported by stormwater.

(C) To the maximum extent practical, all stormwater drainage shall be treated using overland flow methods to a vegetated buffer, depending on volumes and velocities of runoff for the development, as opposed to concentrating flows in storm sewers and drainage ditches. If storm sewers are deemed necessary as specified above, the applicant shall design the stormwater drainage system to mitigate its impact on water quality by using structural devices or other methods to prevent erosion and dissipate discharges from outlets wherever practicable, and by directing discharges to maximize overland flow through buffer zones or grass-lined swales.

(D) Except as specifically exempted above, all proposed construction improvements that disturb more than ten thousand (10,000) square feet of property and results in more than fifteen percent (15%) of the property being covered with an impervious surface shall comply with the City’s water quality Best Management Practice (nonpoint source pollution requirements). These nonpoint source pollution requirements apply to all construction that is not specifically excluded above, regardless of the availability of infrastructure already in place.

(E) All subsequent phasing of any development that qualified for a nonpoint source pollution waiver in previous phases, shall collectively consider the entire “common plan of development” and the entirety of any such related property when presenting engineering analysis and design to the City for approval.

(F) All design and construction shall comply with the City’s erosion control requirements. Any alternative methods or deviations shall require formal written approval prior to the issuance of any construction permits.

(G) All development that disturbs a total of five acres or more of land shall submit to the City the TCEQ Notice of Intent prior to any construction activity.

69

(f) Construction Requirements.

(1) No proposed construction improvements or development shall cause stormwater to be discharged into a wastewater system, water well, cave, sinkhole or other non-common discharge point except downstream discharge points approved by the City Engineer.

(2) Each proposed stormwater conveyance component must be sufficiently designed and constructed of materials to resist external pressure caused by earth or constructed improvements and internal pressure or abrasion caused by water or debris.

(3) No individual, organization, construction or development shall deepen, widen, fill, reclaim, reroute or change the course or location of any existing ditch, channel, stream or drainage way without first obtaining written permission from the City Engineer and all other City departments having jurisdiction.

(4) All creeks and drainage areas shall be protected in their natural condition.

(5) The criteria for use in designing storm sewers, culverts, bridges, drainage channels and drainage facilities shall conform to the City’s Technical Construction Standard Specifications (TCSS) Manual.

(g) Easements.

(1) Drainage easements shall encompass the entire proposed or existing drainage facility improvements plus an additional five (5) feet in all directions, but in no case shall be less than a minimum of twenty (20 feet in width. For dry weather creeks, ditches, and other drainage facilities the easement shall follow the centerline of the concentrated flows.

(2) All drainage facilities shall have an access and maintenance easement in addition to a drainage easement as described below. Drainage facility access and maintenance easements shall be no less than fifteen (15) feet wide and connected to a public right-of-way or an unrestricted public use property. The access easement shall be dedicated to the public for the express purpose of unrestricted access, including use by all public utility and emergency service providers.

(3) All easements described in this section shall be labeled or otherwise describe their specific purpose and be included on a plat approved in accordance with the requirements of the Chapter 10 Subdivision Regulations, except when specifically authorized and approved by the City Manager or his designee as a separate recorded instrument. Separate recorded instruments for the dedication of such easements shall include the required approval signatures and testaments from the City and be limited to a single, individual lot.

Section 3.1402 Erosion Control.

(a) Purpose and General Requirements. In addition to the Chapter 10 Subdivision Regulations and the Chapter 10.5 Site Development Regulations and unless specifically exempted by the City Engineer pursuant to an approved site development plan, the soil stability and erosion control measures described below shall be required in all areas within the City of Lago Vista, specifically including the location of any one or two-family residence, to eliminate or minimize the negative impacts of exposed soils or other conditions that:

70

(1) have the potential to create undesirable water quality related results and damage to Lake Travis or other areas within the Highland Lakes watershed;

(2) might cause damage to public or private property;

(3) might damage resources essential to fish and wildlife areas;

(4) increase flooding hazards;

(5) hinder the growth of desirable vegetation; or

(6) might lead to unintended soil deposits.

(b) Responsible Party. The responsibility for implementation of slope stability or erosion control measures shall be the owner(s) of private property on which it is observed and determined by the City that soil degradation is occurring or has the potential to occur. Nonetheless no temporary or permanent certificate of occupancy shall be issued on any construction project or silt fences removed until all required improvements as described below are complete and capable of withstanding normal weather conditions.

(c) Applicability. The determination of the need to perform additional slope stabilization or to implement additional erosion control measures shall be made by the City Engineer, in consultation with the Building Official and Development Services Director and may include other appropriate agencies such as the Lower Colorado River Authority. Situations or occurrences that may be considered in making the determination that slope stabilization or erosion control measures shall be required include, but are not limited to: build-up of soils; formation of swales or gullies that preclude vegetation; runoff during storms that includes detectable solid material; and other similar observations. In addition, all construction projects involving the movement of soils or any clearing, grubbing or other procedures that might expose soils to the elements shall also complete all erosion control measures and procedural requirements specified herein as a condition of the construction permit without the need for any specific determination.

(d) Erosion Control Measures and Specific Requirements.

(1) Vacant Property and Maintenance of Previously Developed Property.

(A) All property owners within the City of Lago Vista shall use the following measures to minimize erosion on vacant or previously developed property:

(i) Minimize the area and timeframe of all soil disturbance;

(ii) Maintain low slope angles and short slope lengths;

(iii) Re-vegetate disturbed soil areas with sod, grass seeds, wildflowers or plants;

(iv) Fertilize and irrigate re-vegetation areas in accordance with local ordinances;

71

(v) Incorporate slope stabilization and erosion control measures in areas that discharge directly or indirectly to streams, creeks, ponds, or Lake Travis;

(vi) Where necessary, use mechanical stabilization techniques and/or retaining walls to control erosion and sedimentation;

(vii) Check erosion control measures periodically to monitor their effectiveness;

(viii) Complete grading and erosion control measures only during dry seasons; and

(ix) Comply with the grading and erosion control requirements of local ordinances, the International Building Code and all other applicable state or federal regulations.

(B) Whenever any clearing or grubbing involves stump removal, the use of heavy equipment or any other activity that results in the disturbance of soil and is not otherwise authorized by an existing construction permit, a nonpoint source pollution permit in accordance with the requirements of Article 3.1100 of this Chapter is required. The application for that permit will specify the permanent erosion control and soil stabilization methods that will be employed and be completed before removal of temporary silt fences will be allowed.

(C) If a determination is made that additional erosion control and/or soil stabilization is needed, the property owner shall be required to complete some or all measures required for new construction projects to stop, reduce, or minimize the erosion problem, pursuant to a written notice. The specific extent of required measures shall be determined by the City Engineer and implemented in accordance with the conditions and time frame established in the required non-point source pollution permit. Failure to secure such a permit or to comply with its requirements shall result in the violation being treated in accordance with the severity of the problem as either an unsafe or hazardous condition under the provisions of Article 3.1200 of Chapter 3 or as a nuisance under the provisions of Chapter 8.

(2) Construction Projects.

(A) Slopes less than or equal to 4:1 (25 percent).

(i) Construction projects involving moderate slopes equal to or less than 4:1 or twenty-five percent are not required to have a formal, prior-approved erosion control and soil stabilization plan in order to receive a construction permit. However, a temporary or permanent certificate of occupancy shall not be issued if any portion of the property includes bare soils, except in accordance with the materials and methods prescribed below to control erosion and sedimentation.

72

(ii) Mulch and bare soils are only allowed in designated plantings areas and when fully enclosed and contained by buildings, retaining walls or approved edging materials described below and extending a minimum of two inches above any loose material.

(iii) Unless unable to pass through a four inch sieve and greater in average density (weight) than one hundred pounds per cubic foot, all aggregate or crushed stone used as a xeriscape component shall be contained by buildings, retaining walls or approved edging materials described below and extending a minimum of two inches above any loose material.

(iv) The length of any slope shall be limited to a maximum of thirty linear feet and thereafter use acceptable barriers or interruptions of approximately level graded areas no less than five feet in length. Acceptable barriers include landscaped berms or terraces and retaining walls. Retaining walls shall be constructed of concrete, precast concrete or masonry. The use of wood (including railroad ties) or steel is prohibited. Retaining walls four feet or greater in height shall be designed by an engineer with a current Texas registration.

(v) All landscape edging required by this section to contain loose material shall consist of concrete, precast concrete or masonry products embedded or otherwise anchored to prevent movement under normal weather conditions. The use of plastic, rubber and metal edging is prohibited.

(vi) Except as specifically allowed above, all remaining natural and permeable areas within the boundaries of the property shall include a combination of the following forms of vegetation required to stabilize the soil and control erosion. All such areas shall have topsoil adequate to maintain the specific type of planted materials selected. Approved materials include sod, grasses, hydro-mulch, wildflowers, planted ground covers, shrubs and trees. When appropriate, the use of native grasses or wildflowers that promote water conservation is particularly encouraged. Planting of native grasses, shrubbery, and trees shall be required when otherwise necessary to maintain long-term stability of erosion control methods in difficult areas. Exposed soils in any form is prohibited at the time any type of certificate of occupancy is issued or before silt fencing is removed.

(B) Slopes greater than 4:1 or Substantial Existing Bare Soil Areas. Development projects constructed in areas with slopes equal to or greater than 4:1 or that involve substantial existing bare soil areas shall be required to submit a complete erosion control and soil stabilization plan as part of the permit application package. Where cuts or fills exceed four feet or the erosion control plan includes retaining walls of a height of four feet or greater, all appropriate elements of the erosion control plan shall be reviewed and endorsed by a civil engineer with a current Texas registration.

(C) Slopes in the floodplain and adjacent to Lake Travis. If the project includes

73

improvements in the one hundred-year floodplain directly adjacent to Lake Travis, a professionally prepared engineering erosion control plan may be required in accordance with the determination of the City Engineer or Floodplain Manager. For those areas, no unprotected fill or stockpiled soil materials shall be allowed. Disturbance of vegetation cover must be kept to a minimum, and removal of stable mature trees or other vegetation shall be avoided. Drainage and sediment control with appropriate devices such as barriers, channels, infiltration trenches, water energy absorbing materials, and sediment traps may also be required.

Section 3.1403 Penalties. No structure or land shall hereafter be constructed, located, extended, converted, or altered without full compliance with the terms of this article and other applicable regulations. Violation of the provisions of this article by failure to comply with any of its requirements (including violations of conditions or safeguards established in connection with conditions) shall constitute a misdemeanor. Any person who violates this chapter or fails to comply with any of its requirements is subject to a civil penalty upon conviction of not less than one hundred dollars ($100.00) or more than two thousand dollars ($2,000.00) for each act and day of violation, in addition to being responsible for all costs and expenses involved with the case. Nothing herein contained shall prevent City of Lago Vista from taking such other lawful action as is necessary to prevent or remedy any violation.

*****

74

CHAPTER 10

SUBDIVISION REGULATIONS

*****

EXHIBIT A PLAT AND SUBDIVISION REGULATIONS

*****

SECTION 2 PROCESSING OF PROPOSED SUBDIVISIONS AND DEVELOPMENT

*****

2.18 Final Plat

*****

(d) Limitations to Approving Final Plat. A final plat shall not be approved if:

(1) The tract is not in conformance with the Zoning Ordinance or the Subdivision Ordinance.

(2) Fees in-lieu of parkland dedication as required by this Ordinance, if applicable, have not been paid.

(3) A letter from the City Engineer stating that all improvements have been completed and passed inspection has not been received by the City. At the discretion of the City Manager and City Engineer, alternate compliance with this completion requirement can take the form of a cash or surety bond in the amount of one hundred twenty-five percent (125%) of a certified engineer’s estimate of the cost of any incomplete improvements. The engineer’s certified estimate shall include the cost of all remaining construction, planning, and design and be stamped by a Texas Licensed Engineer and be thereafter approved and confirmed as accurate and complete by the City Engineer.

(4) Applicable fees required by this Ordinance have not been paid.

(5) Notes describing any variances approved by the Commission have not been added to the plat.

(6) As-Built Drawings meeting the requirements of this Ordinance have not been provided.

(7) Electronic files containing computer generated drawings of all public improvements shown on the Construction Plans, and all lot lines shown on the Final Plat, have not been submitted to the City to update City record drawings.

(8) Three (3) copies of Maintenance bonds meeting the requirements of this Ordinance have not been provided.

75

(9) An affidavit of all bills paid and a release of liens, excluding property liens, have not been provided.

(10) Any and all other requirements identified in the Final Plat process have not been satisfied.

*****

SECTION 4 STANDARDS AND SPECIFICATIONS

*****

4.11 Water Quality and Drainage

In order to help reduce stormwater runoff and resulting erosion, sedimentation and conveyance of nonpoint source pollutants, the layout of the street network, lots and building sites shall, to the greatest extent possible, be sited and aligned along natural contour lines, and shall minimize the amount of cut and fill on slopes in order to minimize the amount of land area that is disturbed during construction.

*****

4.112 Drainage

In addition to the requirements below, all development shall comply with applicable provisions of Articles 3.1100 and 3.1400 of Chapter 3 of the Code of Ordinances.

*****

76

CHAPTER 10.5

SITE DEVELOPMENT

ARTICLE 10.5.100 SITE DEVELOPMENT PLAN

*****

Sec 10.5.105 Standards And Specifications

*****

(f) Drainage and Erosion Control. Drainage improvements and erosion control measures shall comply with applicable provisions of Articles 3.1100 and 3.1400 of Chapter 3 and Section 4.112 of Chapter 10 of the Code of Ordinances.

(g) Fences and Screening Devices. Fences and screening devices shall be installed, repaired and maintained according to the latest version of the zoning ordinance.

(h) Illumination. All outdoor or exterior lighting shall comply with Article 3.800 of Chapter 3.

(i) Pollution. Unless authorized by an appropriate governmental agency with powers superseding those of the city, there shall be no dumping or discharge of any waste, wastewater, chemicals, polluted liquids, toxic material, or any other substance which constitutes a known hazard to humans or animals, onto any property or into any waterway or stream, pond, or detention pond, during the development process or after its completion. During the development process, all developments shall have on-site, rigid, tamper-proof containers for the disposal of nonhazardous solid waste.

(j) Trash Storage and Recycling Areas. Trash storage and recycling areas for attached dwellings and all business and industrial buildings or uses shall be accommodated within the structure, or adequate area shall be included on site and indicated on a site plan. All outdoor trash recycling storage and containers shall be placed on hot mix asphalt, concrete, brick pavers or reinforced concrete and shall be screened from public view by a solid fence of no more than six (6) feet in height.

(k) Fire Hydrants. Fire hydrants shall conform to standards contained in the city’s standards and location of fire hydrants shall be approved by the Travis County Fire Marshal.

(l) Prohibitions. Construction shall not be allowed in the street rights-of-way, public utility easements, drainage easements or other easements, or within the setback stance except for landscaping, sidewalks, landscape irrigation, or fences that are in accordance with the city’s fence regulations.

(m) Special Planning Area (Property Located in the Former Austin ETJ)

*****

77

AGENDA ITEM

CCity of Lago Vista


From:

Subject:

EXECUTIVE SUMMARY:

Mayor & City Council 6 August 2020

Joshua W. Ray, City Manager

Discussion, consideration and possible action regarding adding citizens to the Planning &Zoning Subcommittee

Business Item Other

Mr. Paul Roberts made a request at the previous City Council meeting for Council to consideradding citizens to the Planning & Zoning subcommittee.

The subcommittee in question was established to discuss the Future Land Use Map and otherrelated tools that are intended to provide guidance and criteria for zoning decisions.

Mayor Tidwell stated that this item would be discussed at the 6 August 2020 Council meeting.

78

Impact if Approved:

Impact if Denied:




nown as

Motion to

Motion to

Motion to


_____________________________________________________________________________________

Non Planning and Zoning Commission members will be added to the subcommittee.

The Planning and Zoning Commission subcommittee will continue to operate without outsidemember participation.




Adding citizens to the Planning & Zoning Subcommittee

Joshua W. Ray Digitally signed by Joshua W. Ray Date: 2020.07.20 14:20:32 -05'00'

79

AGENDA ITEM

CCity of Lago Vista


From:

Subject:

EXECUTIVE SUMMARY:


Eric Belaj, PE, CFM

Discussion, consideration and possible action regarding recommendation of contractaward for the construction of the 2020 STREET REHAB PH-5 Project and authorize theCity Manager to execute the contract.

Bid Award Contract

The City recently received 4 bids for the 2020 STREET REHAB PH-5 Project. The proposedimprovements up for bid consist of installing asphalt material and associated appurtenances forAmerican Dr, Highland Lake, Bar K Ranch, and Arrowhead.

Bids: Out of the 4 bids, the City staff has determined that Bennett Paving offered the best valueto the City as well as the lowest bid as a Unit Price total at $230,098. The review of the tabulatedbids indicates that low bidder used bid amounts that were both appropriate and competitive forthe project. See attached tabulated bids; the other bids are as follows:1. Lone Star Paving: $240,418.502. Contractor's Asphalt: $286,267.873. Alpha Paving: $345,265.90The tabulated bids will show numbers highlighted; those represent errors in the bid and havebeen shown as corrected.

Funding: Previously council authorized the transfer of $550K from general fund balance to thisproject and to cover other associated project components. The City currently has full funding toto cover the cost of construction and associated construction items for this project. As of July2020 the City has spent $1.244MM to rehabilitate 20 streets of different lengths including BoggyFord. Other than this project the City is still working to rehab more streets like Passeo-De-Vacabefore end of FY.

Qualification: City staff determined that this construction company has constructed many similarprojects around the Central Texas area. Staff checked their references, evaluated their proposal,and ranked them based on Staff's findings. Council may elect to take staff's recommendation orproceed with further evaluation.

Recommendation: Staff recommend that the contract, for the 2020 STREET REHAB PH-5Project, be awarded to the low bidder, Bennett Paving for the contractual amount of $230,098and authorize the City Manager to execute the contract.

80

Impact if Approved:

Impact if Denied:




nown as

Motion to

Motion to

Motion to


_____________________________________________________________________________________

The approval will begin the contractual paperwork process for this project. Once city staff hascompleted the paperwork, Mayor or CM will sign, and staff will arrange for the project to startconstruction. Project is anticipated to start by mid-August and be complete by end of September.

The project will not be constructed.

General Fund

Approve Item N/A N/A N/A



Award the contract, for the 2020 STREET REHAB PH-5 Project, Bennett Paving for thecontractual amount of $230,098 and authorize the City Manager to execute the contract.

81

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82

AGENDA ITEM

CCity of Lago Vista


From:

Subject:

EXECUTIVE SUMMARY:



Discussion, consideration and possible action regarding Ordinance No. 20-08-06-01; AnOrdinance of the City Council of the City of Lago Vista, Texas pursuant to Vernon’s TexasCodes Annotated, Local Government Code, Chapter 102, Section 102.007(b) providing foramendments to Ordinance No. 19-09-19-02, for the Fiscal Year beginning October 1,2019 and ending September 30, 2020; amendments to said budget by department are setforth in “Exhibit A” attached to this ordinance.

Business Item Ordinance

City Council and staff have discussed the creation of a Town Square for over two years. Staffhas been working on improving the Town Square space and on a development plan. One of theareas that is required in order to update this space is the removal of overhead power lines andpoles and the placement of these systems underground.

The PEC provided us with a cost estimate of $50,000 to complete this part of the project. Oncethe PEC completes their work, the City will need to hire an electric contractor to complete theindividual tie ins for each property located around Town Square. The total budget for this phaseof the Town Square project is $104,200.

Town Square development is part of the Comprehensive Plan. It is listed under MunicipalComplex Redevelopment on pages 58 and 59.

This project, if approved, will be funded out of the General Fund Reserve Account. As of theJune 2020 financial report, the General Fund Reserve Account has $2,772,210.

We have included 4 attachments for this item:

1. Ordinance2. Town Square Concept Plan3. Town Square Estimates4. Budget amendment worksheet

Once this phase has been completed, City staff will present the next phase of the project toCouncil for consideration. We have been planning to hold off on the next phases until after theLibrary/City Hall expansion nears completion.

83

Impact if Approved:

Impact if Denied:




nown as

Motion to

Motion to

Motion to


_____________________________________________________________________________________

Phase 2 of the Town Square Development will proceed.

No action will be taken and Town Square development will be placed on hold.

General Fund ReserveBalance of as June 2020: $2,772,210




Ordinance No. 20-08-06-01


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CITY OF LAGO VISTA, TEXAS

ORDINANCE NO. 20-08-06-01 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF LAGO VISTA, TEXAS PURSUANT TO VERNON’S TEXAS CODES ANNOTATED, LOCAL GOVERNMENT CODE, CHAPTER 102, SECTION 102.007(b) PROVIDING FOR AMENDMENTS TO ORDINANCE NO. 19-09-19-02, FOR THE FISCAL YEAR BEGINNING OCTOBER 1, 2019 AND ENDING SEPTEMBER 30, 2020; AMENDMENTS TO SAID BUDGET BY DEPARTMENT ARE SET FORTH IN “EXHIBIT A” ATTACHED TO THIS ORDINANCE. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF LAGO VISTA, TEXAS:

SECTION I AMENDING BUDGET

THAT, pursuant to Vernon’s Texas Codes Annotated, Local Government Code, Chapter 102, Section 102.007(b) the City Council of the City of Lago Vista, Texas hereby amends the City Budget by Department for the Fiscal Year beginning October 1, 2019 and ending September 30, 2020 with said amendments being as set forth in “Exhibit A” attached to this ordinance.

SECTION II SAVINGS CLAUSE

THAT, any ordinance or parts of ordinances in conflict with this ordinance are hereby repealed to the extent of said conflict.

SECTION III SEVERABILITY CLAUSE

THAT, if any word, phrase, sentence, paragraph or section is found to be illegal, invalid or unconstitutional, the remaining portion of this ordinance shall remain in full force and effect.

SECTION IV EFFECTIVE CLAUSE

THAT, this ordinance shall take effect and be in full force immediately upon its final passage and approval.

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PASSED AND APPROVED on this 6th day of August 2020.

______________________________

ATTEST: Ed Tidwell, Mayor ___________________________ Sandra Barton, City Secretary On a motion by ___________________, seconded by _______________________, the above and foregoing ordinance was passed and approved.

86

Budget Amendments by Department and FundExhibit A

City of Lago VistaFor Year Ending 9-30-2020

FUNDING SOURCEGeneral Fund Reserve Account

Department Description Account Number Funds NeededCIP Underground Utilities - $104,200 Underground Utilities Unassigned 104,200$

Total Appropriated 104,200$

EXPENSES

Capital ImprovementsDepartment Description Account Number YTD Expenditures Budget Amendment Budget

Underground Utilities - $104,200 Underground Utilites Unassigned -$ -$ 104,200$ 104,200$

Total Budget Increases 104,200$

87

THIS DRAWING FILE W

AS NOT PREPARED FOR THE EXCLUSIVE USE OF A HOME REMODEL/A

DDITION.

THE RECIPIENT UNDERSTANDS THAT THE USE OF ANY PROJECT RELATED COMPUTER DATA CONSTITUTES ACCEPTANCE OF THE ABOVE CONDITIO

NS.

14 14

EXISTINGBUILDING

BUILDINGADDITION

EXISTINGBUILDING 1

2

3

5 4

4 6

6

66

7

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8

9

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VETERANSMEMORIAL PARK

13111

6

9

6

15

305 East Huntland DriveSuite 200Austin, Texas 78752p: 512.453.0767f: 512.453.1734 SCALE:

DATE:TBAE FIRM REGISTRATION NO.: 1452TBPE FIRM REGISTRATION NO.: F-1416TBPLS FIRM REGISTRATION NO.: 10065600 866-01MWM Proj #:

CONCEPTUAL PLANCITY OF LAGO VISTA

7/9/20201" = 40'-0"

KEY NOTES:1. NEW PARKING2. NEW DUMPSTER3. RENOVATE EXISTING

COURTYARD4. NEW PERGOLA5. RELOCATE STAGE AREA6. NEW LAWN AREA7. EXISTING TREES TO

REMAIN8. RELOCATE MAIL CENTER9. NEW SIDEWALK /

CROSSWALK10. ONE WAY DRIVE AISLE11. RECONFIGURE EXISTING

PARKING12. CHRISTMAS / HOLIDAY

AREA13. RELOCATE EXISTING BUS

STOP14. NEW TREES / LANDSCAPE15. SOLAR LIGHT, TYP.

88

PAY ITEM DESCRIPTION QUANTITY UNIT UNIT PRICE EXTENDED PRICE

REMOVE CONC. 90 SY 50$ 4,500$

SIDEWALK CONC. 1,500 SY 60$ 90,000$

SOLID WHITE 4'' THERMOPLASTIC STRIP 2,300 LF 1$ 2,300$

TREES 25 EA 300$ 7,500$

PERGOLA 235 LF 50$ 11,750$

FOUNTAIN/TREE CIRCLE (RADIUS) 10 LF 120$ 1,200$

THERMOPLASTIC CROSS WALK 120 LF 5$ 600$

RIBBON CURB 3230 LF 15$ 48,450$

SOLAR LIGHTING 20 EA 1,500$ 30,000$

LIGHTING FOUNDATION 20 EA 800$ 16,000$

IRRIGATION 1 LS 8,500$ 8,500$

CENTER TREE POLE FOUNDATION 1 EA 1,500$ 1,500$

PEC ELECTRICAL 1 LS 50,000$ 50,000$

CONDUIT TRENCHING 1 LS 37,200$ 37,200$

TRANSFORMER PADS 2 EA 1,500$ 3,000$

ELECTRICAL CONNECTION SINGLE PHASE 4 EA 1,500$ 6,000$

ELECTRICAL CONNECTION 3 - PHASE 1 EA 8,000$ 8,000$

UTILITY RELOCATION

The total bid shall be entered in the space provided above, and shall also be entered in the space

provided in the Bid Summary Sheet. All construction shall be completed per the City of Lago Vista's

Technical Construction Standard Manual. Contractor will be required to provide insurance certificate and

performance bonds per the specs.

Payment for all Items shall be base

on Plans Quantity, as described in

Measurement and Payment , unless

otherwise noted.

TOTAL BASE BID (TOTAL OF ITEMS IN THE COLUMNS ABOVE) $ 326,500.00

CONSTRUCTION COST FOR: CIPSP-2020A MUNICIPAL UTILITIES

The Pay Item reference indicates the controlling specification for each Pay Item. Pay Item references are from the

specifications referenced in the Standard Form of Agreement , unless otherwise noted.

SITE WORK ELEMENTS

Page 1 20171108 - UNIT PRICE SCHEDULE.xls89

AGENDA ITEM

CCity of Lago Vista


From:

Subject:

EXECUTIVE SUMMARY:



Discussion, consideration and possible action regarding Ordinance No. 20-08-06-02; AnOrdinance ordering and establishing procedures for the 2020 General Election in the Cityof Lago Vista to elect Councilmembers for Place 2, Place 4 and Place 6; providing fornotice of the Election; providing election precinct and polling places; providing for earlyvoting; providing an effective date and open meetings clause; and providing for relatedmatters.

Other Ordinance

The General Election will be held on Tuesday, November 3, 2020.

There are 3 positions for Council expiring, those positions are listed below.Each Council member is elected at-large, by place, for two-year terms.

Council Member Place 2Council Member Place 4Council Member Place 6

90

Impact if Approved:

Impact if Denied:




nown as

Motion to

Motion to

Motion to


_____________________________________________________________________________________

N/A

N/A




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of 6

ORDINANCE NO. 20-08-06-01

AN ORDINANCE ORDERING AND ESTABLISHING PROCEDURES FOR THE 2020 GENERAL ELECTION IN THE CITY OF LAGO VISTA, TEXAS TO ELECT COUNCILMEMBERS FOR PLACE 2, PLACE 4 AND PLACE 6; PROVIDING FOR NOTICE OF THE ELECTION; PROVIDING ELECTION PRECINCT AND POLLING PLACES; PROVIDING FOR EARLY VOTING; PROVIDING AN EFFECTIVE DATE AND OPEN MEETINGS CLAUSE; AND PROVIDING FOR RELATED MATTERS.

WHEREAS, on November 3, 2020 there shall be elected the following officials for this City: Council Member Place 2; Council Member Place 4; and Council Member Place 6; and WHEREAS, the Texas Election Code is applicable to said election and this ordinance establishes procedures consistent with the Code, and designates the voting place for the election; and WHEREAS, the voters of the City will be adequately and conveniently served by the common early voting polling places specified herein, which are located outside the boundary of the City, and such polling places will facilitate the orderly conduct of the election; and WHEREAS, the City of Lago Vista, Texas (hereinafter the "City") has made provision to contract with Travis County to conduct the City's election, pursuant to Chapter 31, Tex. Elec. Code, and Chapter 791, Tex. Gov't Code (the “Election Agreement” or “contract”), and such contract provides for political subdivisions subject to the contract that hold elections on the same day in all or part of the same territory to hold a joint election as authorized in Chapter 271, Tex. Elec. Code; NOW, THEREFORE, BE IT ORDAINED AND ORDERED BY THE CITY COUNCIL OF THE CITY OF LAGO VISTA, TEXAS: SECTION 1. The General Election of the City shall be held on Tuesday, November 3, 2020, to elect Council Members for Place 2, Place 4 and Place 6, to serve a term of two (2) years each. Candidates at the election for the above offices shall file their applications to become candidates with the City Secretary of the City, at City Hall, 5803 Thunderbird Drive, Lago Vista, Texas 78645, between Monday, July 20, 2020 and Monday, August 17, 2020 at 6:5:00 p.m. All applications for candidacy shall be on a form as prescribed by the Tex. Elec. Code. The order in which the names of the candidates for each office are to be printed on the ballot shall be determined by a drawing conducted by the City Secretary. Notice of the drawing will be posted by the City Secretary a minimum of seventy-two (72) hours in advance. SECTION 2. Notice of the election shall be given and the election shall be held in compliance with the provisions of the Tex. Elec. Code in all respects. The ballots for the election shall comply with the Tex. Elec. Code and be in the form provided by the City to

Formatted: Font: 12 pt





Commented [ES1]: The statute (Elec Code Section 201.054 prescribes 5:00)

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the Travis County Election Officer for use on the voting devices and ballots used by Travis County. SECTION 3. The Travis County Election Officer and his/her employees and appointees, and the election judges, alternate judges and clerks properly appointed for the election, shall hold and conduct the election in the manner provided by contract with the City and the law governing the holding of elections by home rule cities of the State of Texas; and the official ballots, together with such other election materials as are required by the Tex. Elec. Code, shall be prepared in both the English and Spanish languages and shall contain such provisions, markings and language as is required by law. SECTION 4. Early voting, both by personal appearance and by mail, will be conducted by the Travis County Election Officer, who is designated and appointed as the Early Voting Clerk, in accordance with the Texas Election Code. Early voting by personal appearance shall be conducted at places and locations authorized by state law and the Travis County Election Officer. Early voting shall commence on Tuesday Monday, October 1319, 2020, and continue through Friday, October 30, 2020. Early voting shall also be held at any time and location authorized by the Travis County Election Officer. Early voting by City residents may be conducted at any Travis County early voting location and any location exclusively designated by the Travis County Election Officer for City residents. The early voting clerk’s official mailing address is:

Travis County Early Voting Clerk

P.O. Box 149325 Austin, TX 78714-9325

SECTION 5. The election precincts for the election shall be the election precincts established by Travis County, provided that each shall contain and include geographic area that is within the City. The polling place for each such election precinct shall be the polling place established by Travis County for such election precincts in Travis County and voting by residents of the City. The polls shall remain open on the day of the election from 7:00 a.m. to 7:00 p.m. The returns for precincts in Travis County will be provided by precinct and the Travis County Election Officer shall tabulate and provide the election returns for the election. SECTION 6. The City Secretary, or designee, is instructed to aide the Travis County Election Officer in the acquisition and furnishing of all election supplies and materials necessary to conduct the election as provided by the Election Agreement. The City Secretary is further authorized to give or cause to be given notices required for the election, and to take such other and further action as is required to conduct the election in compliance with the Tex. Elec. Code and City Charter; provided that, pursuant to the Election Agreement between Travis County and the City, the Travis County Election Officer shall have the duty and be responsible for organizing and conducting the election in compliance with the Tex. Elec. Code; and for providing all services specified to be provided in the Election Agreement. The Travis County Election Officer shall give the notices required by the Tex. Elec. Code to be given for the election not required to be given by the City under the Election Agreement.

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SECTION 7. The presiding judges, alternate presiding judges and clerks for the election shall be selected and appointed by Travis County and its appointees in compliance with the requirements of state law, and such judges and clerks so selected by Travis County and its appointees are hereby designated and appointed by the city council as the election officers, judges and clerks, respectively, for the holding of said special election. The presiding judges, alternate presiding judges and clerks shall perform the functions and duties of their respective positions that are provided by state law. The city council will further confirm and appoint the election judges and alternate election judges that are appointed by Travis County for the election. SECTION 8. Notice of the election shall be given by posting a notice containing a substantial copy of this Ordinance on the bulletin board used for posting notice of meetings of the governing body at the City Hall and at the aforesaid election day polling places not later than the twenty-first (21st) day before the election, and by publishing said Notice of Election at least one time, not earlier than thirty (30) days nor later than ten (10) days prior to said election, in a newspaper of general circulation in the City. The notice that is posted, and the notice that is published in a newspaper of general circulation within the city, will be written in both English and Spanish. SECTION 9. The Mayor is authorized and directed to post an election order for this election that complies with the Texas Election Code by August 17, 2020. SECTION 10. The election shall be held and conducted by the Travis County Election Officer in compliance with state law and the Election Agreement. And, this Ordinance shall be in force and effect from and after its passage on the date shown below. SECTION 11. It is hereby officially found and determined that this meeting was open to the public, and public notice of the time, place and purpose of said meeting was given, all as required by the Open Meetings Act, Chapter 551, Texas Government Code. AND, IT IS SO RESOLVED. PASSED AND APPROVED this 6th day of August 2020.

LAGO VISTA, TEXAS

Ed Tidwell, Mayor ATTEST: ________________________ Sandra Barton, City Secretary O

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On a motion by ___________________, seconded by _________________, the above and foregoing instrument was passed and approved.

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ORDENANZA No 20-08-06-01

UN PEDIDO Y ORDENANZA QUE ESTABLECE LOS PROCEDIMIENTOS PARA LA ELECCIÓN 2020 GENERAL EN LA CIUDAD DE CONCEJALES LAGO VISTA, TEXAS PARA ELEGIR POR LUGAR 2, LUGAR 4, LUGAR 6; PRESTACIÓN DE NOTIFICACIÓN DE LA ELECCIÓN; PRESTACIÓN DE ELECCIÓN DEL RECINTO Y LUGARES DE VOTACIÓN; PRESTACIÓN POR VOTAR TEMPRANO; PROPORCIONAR UNA FECHA DE VIGENCIA Y REUNIONES ABIERTAS CLÁUSULA; Y MODO DE ASUNTOS RELACIONADOS.

CONSIDERANDO QUE, el 3 de noviembre de 2020 serán elegidos los siguientes funcionarios para esta Ciudad: Concejal, Puesto 2; Concejal, Puesto 4; y Concejal, Puesto 6; y CONSIDERANDO QUE, el Código Electoral de Texas es aplicable a dicha elección y esta ordenanza establece los procedimientos en concordancia con el Código, y designa el lugar de votación para la elección; y CONSIDERANDO QUE, los votantes de la Ciudad serán atendidos de forma adecuada y convenientemente por los lugares de votación adelantada especificados en esta resolución, las cuales se encuentran afuera del límite de la Ciudad, y tales lugares de votación facilitarán la conducta ordenada de la elección; y CONSIDERANDO QUE, la ciudad de Lago Vista, Texas (más adelante la “Ciudad”) ha hecho provisiones para contratar con el Condado de Travis para realizar la elección de la Ciudad, según el Capítulo 31 del Código Electoral de Texas y Capítulo 791 del Código del gobierno de Texas (el “Acuerdo electoral” o “contrato”) y dicho contrato estipula subdivisiones políticas sujetas al contrato que tiene elecciones el mismo día en todo o parte del mismo territorio para convocar una elección conjunta como autorizado en Capítulo 271, Código Electoral de Texas;

AHORA, POR LO TANTO, SER ELLO ORDENADO Y PEDIDO POR EL CONSEJO MUNCIPAL DE LA CIUDAD DE LAGO VISTA, TEXAS:

SECCIÓN 1. La Elección General de la Ciudad se llevará a cabo el martes, el 3 de noviembre de 2020, para elegir, y los miembros del Consejo para el Puesto 2 el Puesto 4 y el Puesto 6 para servir un mandato de dos (2) años cada uno. Los candidatos de la elección de los cargos mencionados deberán presentar sus solicitudes para ser candidatos con el Secretario Municipal de la Ciudad, en el Ayuntamiento, 5803 Thunderbird Drive, Lago Vista, Texas 78645, entre lunes el 20 de julio de 2020 y las 56:00 pm el lunes el 17 de agosto de 2020. Todas las solicitudes para candidatura estarán en una forma prescrita por el Código Electoral de Texas. El orden en que los nombres de los candidatos por cada puesto se imprimirán en la balota se determinará por un sorteo realizado por el secretario municipal. El aviso del sorteo será publicado por el Secretario de la Ciudad un mínimo de setenta y dos (72) horas de antelación.

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SECCIÓN 2. El anuncio de la elección se dará y la elección se efectuará en conformidad con las disposiciones del Código Electoral de Texas en todos los aspectos. Las boletas para la elección se cumplirán con el Código Electoral de Texas y estar en la forma que proporciona la Ciudad para el Oficial de Elecciones del Condado de Travis para su uso en los dispositivos de votación y las balotas utilizadas por el Condado de Travis. SECCIÓN 3. El Oficial de Elecciones del Condado de Travis, sus empleados, sus personas nombradas, y los jueces electorales, los jueces suplentes y los oficinistas debidamente designados para la elección, llevarán a cabo la elección en la forma prevista por el contrato con la Ciudad y la ley que rige la celebración de las elecciones de la autonomía municipal de las ciudades del Estado de Texas, y las boletas oficiales, junto con esos otros materiales electorales que se requieran por el Código Electoral de Texas, se prepararán en los idiomas del inglés y español y contendrán dichas disposiciones, marcas y lenguaje como es requerido por la ley. SECCIÓN 4. La votación anticipada, tanto por la apariencia personal y por correo, se llevará a cabo por el Oficial de Elecciones del Condado de Travis, quien es designado y nombrado secretario de votación anticipada, de acuerdo con el Código Electoral de Texas. La votación adelantada en persona se realizará en lugares y locales autorizados por la ley estatal y el Oficial de Elecciones del Condado de Travis. La votación adelantada comenzará lunes, el 19 de octubre de 2020, y continuará hasta viernes, el 30 de octubre de 2020. La votación anticipada también se llevará a cabo en cualquier hora y lugar autorizado por el Oficial de Elecciones del Condado de Travis. La votación anticipada por los residentes de la ciudad se puede realizar en cualquier lugar del Condado de Travis de votación anticipada y cualquier otro sitio designado exclusivamente por el Oficial de Elecciones del Condado de Travis para los residentes de la ciudad. La dirección siguiente es el correo oficial del secretario de votación anticipada:

Travis County Early Voting Clerk P.O. Box 149325

Austin, TX 78714-9325 SECCIÓN 5. Los distritos electorales para la elección serán los distritos electorales establecidos por el Condado de Travis, a condición de que cada uno deba contener e incluir un área geográfica que está dentro de la ciudad. El lugar de votación de cada zona electora deberá ser el lugar de votación establecido por el Condado de Travis para tales distritos electorales en el Condado de Travis y la votación de los residentes de la Ciudad. Las urnas se mantendrán abiertas en el día de la elección de las 7:00 am a las 7:00 pm. Los resultados de los distritos en el Condado de Travis serán proporcionados por el distrito electoral, y el Oficial de Elecciones del Condado de Travis tabulará y proporcionará los resultados para la elección. SECCIÓN 6. El secretario de la Ciudad, o su designado, se le ordena ayudar al Oficial de Elecciones del Condado de Travis en la adquisición y la facilitación de todos los suministros y otros materiales electorales necesarios para realizar las elecciones según el Acuerdo Electoral. El Secretario de la Ciudad también está autorizado a dar los avisos requeridos para la elección, y para tomar otras medidas adicionales como requeridas para

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realizar la elección conforme al Código Electoral de Texas y el Estatuto de la Ciudad, siempre que, en conformidad con el Acuerdo Electoral entre el Condado de Travis y la Ciudad, Oficial de Elecciones del Condado de Travis tendrá el deber y la responsabilidad de organizar y llevar a cabo las elecciones en el cumplimiento del Código Electoral de Texas, y de proporcionar todos los servicios especificados en el Acuerdo Electoral. El Oficial de Elecciones del Condado de Travis dará los avisos requeridos por el Código Electoral de Texas que deben ser anunciados para la elección, aunque no son requeridos por la Ciudad según el Acuerdo Electoral. SECCIÓN 7. Los jueces presidentes, los suplentes jueces presidentes y los secretarios para la elección serán seleccionados y nombrados por el Condado de Travis y sus funcionarios según los requisitos de la ley estatal, y esos jueces y secretarios, elegidos por el Condado de Travis y sus funcionarios por la presente son designados y nombrados por el concejo municipal como los funcionarios electorales, los jueces y los secretarios, respectivamente, para la celebración de dichas elecciones especial. Los jueces presidentes, los suplentes jueces presidentes y los secretarios efectuarán las funciones y los deberes de sus posiciones respectivas que son proporcionadas por la ley estatal. El concejo municipal confirmará y nombrará a los jueces electorales y los suplentes jueces electorales que son designados por el Condado de Travis para la elección. SECCIÓN 8. El anuncio de la elección se dará por la publicación de un aviso que contenga la copia sustancial de esta Ordenanza en el tablón de anuncios que se utiliza para publicar información de las reuniones del consejo de administración en el Ayuntamiento y en los mencionados lugares para votación no más tarde del vigésimo primero (21) día antes de la elección, y por la publicación de dicho anuncio de las elecciones por lo menos una vez, no antes de treinta (30) días ni más tarde de diez (10) días antes de dicha elección, en un periódico de circulación general en la ciudad. El aviso que se publique, y el anuncio que se publique en un periódico de circulación general dentro de la ciudad, ambos deberán ser escritos en inglés y español. SECCIÓN 9. El alcalde está autorizado y ordenado a publicar una orden de elección para esta elección que conforma al Código Electoral de Texas para el 17 de agosto de 2020. SECCIÓN 10. La elección será realizada por el Oficial de Elecciones del Condado de Travis en el cumplimiento de la ley estatal y el Acuerdo Electoral. Y, esta Ordenanza estará en vigencia a partir y después de su aprobación en la fecha indicada más abajo. SECCIÓN 11. Se resuelve oficialmente que esta reunión fue abierta al público, y el aviso público de la hora, el lugar y el propósito de dicha reunión se dio, todo como requiere la Ley de Reuniones Abiertas, Capítulo 551, Código del gobierno de Texas.

Y, ASÍ LO RESUELVA. PASADO Y APROBADO en esta 6 de agosto de 2020.

LAGO VISTA, TEXAS









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Alcalde Ed Tidwell DOY FE: Sandra Barton, secretaria de la Ciudad En una moción presentada por el Concejal _____________, secundada por el Concejal ________________________, el documento que antecede fue aprobado y homologado.


99

AGENDA ITEM

CCity of Lago Vista


From:

Subject:

EXECUTIVE SUMMARY:


Erin Selvera

Discussion, consideration and possible action on a Purchase Agreement with MohsenAnami for approximately 0.31 acres of land out of Lots 30M-B and 31M-B, Lago VistaTravis Plaza that would allow for extension of Bonanza Street to City owned property.

Other Other

The City has negotiated with the current property owner, Mohsen Anami regarding purchase ofsmall portions of two adjoining lots at the end of Bonanza Street.

In consideration,the City would agree to the following:1. City to pay $15,000;2. City to abandon and vacate the no longer needed portions of the cul de sac, right-of-way andhave those transferred to Mr. Anami;3. City to pay for relocation of the PEC power pole, all survey work and replatting the affectedarea.

The City used City Real Estate Agent Kevin Sullivan to broker this deal.

100

Impact if Approved:

Impact if Denied:




nown as

Motion to

Motion to

Motion to


_____________________________________________________________________________________

The City would have the opportunity to extend Bonanza Street to City-owned property allowing forfuture connection to Municipal Way, facilitating better traffic flow and connectivity within the City.

Bonanza Street could not be extended unless the City undertook the condemnation process.

Funding would come from the General Fund, Real Estate Account. (Current balance as of June 30,2020 is $1,771,730.)




Bonanza street extension project.

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BONANZA 50' R.O.W.

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35.0 ACRES MARY CAMPBELL SURVEY NO. 98 ABSTRACT NO. 189 SPLASH INVESTMENTS, LTD DOC. NO. 2006063766 O.P.R.T.C.

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1.2208 ACRES TRACT 1 THE CITY OF LAGO VISTA DOC. NO. 2010112269 O.P.R.T.C.

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(N69°30'57"W 49.77')

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(N69°29'10"W 49.54')

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TRACT PLZ.1 MOHSEN ANAMI DOC. NO. 2009040371 O.P.R.T.C.

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LOT 30M-B RESUBDIVISION OF LOT 30M AND 31M LAGO VISTA TRAVIS PLAZA MOHSEN ANAMI DOC. NO. 201900146-O.P.R.T.C.

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LOT 30M-A RESUBDIVISION OF LOT 30M AND 31M LAGO VISTA TRAVIS PLAZA MOHSEN ANAMI DOC. NO. 201900146-O.P.R.T.C.

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TRACT 1 0.035±AC.

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TRACT 2 0.036±AC.

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TRACT 3 0.131±AC.

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P.O.B. TRACT 1

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P.O.B. TRACT 3

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S62°28'16"E 86.89'

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S62°28'16"E 86.31'

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CURVE TABLE

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FND 1/2" IRON PIN BEARS S28°17'15'W 0.86'FROM BOUNDARY CORNER

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PROJ NO. 20735

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PREPARED FOR: CITY OF LAGO VISTA

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TECH: L.BELK/P.LANGDON

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APPROVED: K.C. LUST

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FIELDWORK PERFORMED ON: 5/15/2020

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LOCAL ADDRESS: BONANZA STREET, LAGO VISTA, TEXAS. LEGAL DESCRIPTION: TRACT 1: BEING A 0.035 OF AN ACRE TRACT OF LAND, MORE OR LESS, OUT OF BONANZA (A PUBLIC DESCRIPTION: TRACT 1: BEING A 0.035 OF AN ACRE TRACT OF LAND, MORE OR LESS, OUT OF BONANZA (A PUBLIC DESCRIPTION: TRACT 1: BEING A 0.035 OF AN ACRE TRACT OF LAND, MORE OR LESS, OUT OF BONANZA (A PUBLIC TRACT 1: BEING A 0.035 OF AN ACRE TRACT OF LAND, MORE OR LESS, OUT OF BONANZA (A PUBLIC TRACT 1: BEING A 0.035 OF AN ACRE TRACT OF LAND, MORE OR LESS, OUT OF BONANZA (A PUBLIC 1: BEING A 0.035 OF AN ACRE TRACT OF LAND, MORE OR LESS, OUT OF BONANZA (A PUBLIC 1: BEING A 0.035 OF AN ACRE TRACT OF LAND, MORE OR LESS, OUT OF BONANZA (A PUBLIC BEING A 0.035 OF AN ACRE TRACT OF LAND, MORE OR LESS, OUT OF BONANZA (A PUBLIC BEING A 0.035 OF AN ACRE TRACT OF LAND, MORE OR LESS, OUT OF BONANZA (A PUBLIC A 0.035 OF AN ACRE TRACT OF LAND, MORE OR LESS, OUT OF BONANZA (A PUBLIC A 0.035 OF AN ACRE TRACT OF LAND, MORE OR LESS, OUT OF BONANZA (A PUBLIC 0.035 OF AN ACRE TRACT OF LAND, MORE OR LESS, OUT OF BONANZA (A PUBLIC 0.035 OF AN ACRE TRACT OF LAND, MORE OR LESS, OUT OF BONANZA (A PUBLIC OF AN ACRE TRACT OF LAND, MORE OR LESS, OUT OF BONANZA (A PUBLIC OF AN ACRE TRACT OF LAND, MORE OR LESS, OUT OF BONANZA (A PUBLIC AN ACRE TRACT OF LAND, MORE OR LESS, OUT OF BONANZA (A PUBLIC AN ACRE TRACT OF LAND, MORE OR LESS, OUT OF BONANZA (A PUBLIC ACRE TRACT OF LAND, MORE OR LESS, OUT OF BONANZA (A PUBLIC ACRE TRACT OF LAND, MORE OR LESS, OUT OF BONANZA (A PUBLIC TRACT OF LAND, MORE OR LESS, OUT OF BONANZA (A PUBLIC TRACT OF LAND, MORE OR LESS, OUT OF BONANZA (A PUBLIC OF LAND, MORE OR LESS, OUT OF BONANZA (A PUBLIC OF LAND, MORE OR LESS, OUT OF BONANZA (A PUBLIC LAND, MORE OR LESS, OUT OF BONANZA (A PUBLIC LAND, MORE OR LESS, OUT OF BONANZA (A PUBLIC MORE OR LESS, OUT OF BONANZA (A PUBLIC MORE OR LESS, OUT OF BONANZA (A PUBLIC OR LESS, OUT OF BONANZA (A PUBLIC OR LESS, OUT OF BONANZA (A PUBLIC LESS, OUT OF BONANZA (A PUBLIC LESS, OUT OF BONANZA (A PUBLIC OUT OF BONANZA (A PUBLIC OUT OF BONANZA (A PUBLIC OF BONANZA (A PUBLIC OF BONANZA (A PUBLIC BONANZA (A PUBLIC BONANZA (A PUBLIC (A PUBLIC (A PUBLIC PUBLIC PUBLIC ROADWAY/RIGHT-OF-WAY), AS SHOWN ON THE LAGO VISTA TRAVIS PLAZA PLAT RECORDED IN VOLUME 39, PAGE 50 OF THE PLAT AS SHOWN ON THE LAGO VISTA TRAVIS PLAZA PLAT RECORDED IN VOLUME 39, PAGE 50 OF THE PLAT AS SHOWN ON THE LAGO VISTA TRAVIS PLAZA PLAT RECORDED IN VOLUME 39, PAGE 50 OF THE PLAT SHOWN ON THE LAGO VISTA TRAVIS PLAZA PLAT RECORDED IN VOLUME 39, PAGE 50 OF THE PLAT SHOWN ON THE LAGO VISTA TRAVIS PLAZA PLAT RECORDED IN VOLUME 39, PAGE 50 OF THE PLAT ON THE LAGO VISTA TRAVIS PLAZA PLAT RECORDED IN VOLUME 39, PAGE 50 OF THE PLAT ON THE LAGO VISTA TRAVIS PLAZA PLAT RECORDED IN VOLUME 39, PAGE 50 OF THE PLAT THE LAGO VISTA TRAVIS PLAZA PLAT RECORDED IN VOLUME 39, PAGE 50 OF THE PLAT THE LAGO VISTA TRAVIS PLAZA PLAT RECORDED IN VOLUME 39, PAGE 50 OF THE PLAT LAGO VISTA TRAVIS PLAZA PLAT RECORDED IN VOLUME 39, PAGE 50 OF THE PLAT LAGO VISTA TRAVIS PLAZA PLAT RECORDED IN VOLUME 39, PAGE 50 OF THE PLAT VISTA TRAVIS PLAZA PLAT RECORDED IN VOLUME 39, PAGE 50 OF THE PLAT VISTA TRAVIS PLAZA PLAT RECORDED IN VOLUME 39, PAGE 50 OF THE PLAT TRAVIS PLAZA PLAT RECORDED IN VOLUME 39, PAGE 50 OF THE PLAT TRAVIS PLAZA PLAT RECORDED IN VOLUME 39, PAGE 50 OF THE PLAT PLAZA PLAT RECORDED IN VOLUME 39, PAGE 50 OF THE PLAT PLAZA PLAT RECORDED IN VOLUME 39, PAGE 50 OF THE PLAT PLAT RECORDED IN VOLUME 39, PAGE 50 OF THE PLAT PLAT RECORDED IN VOLUME 39, PAGE 50 OF THE PLAT RECORDED IN VOLUME 39, PAGE 50 OF THE PLAT RECORDED IN VOLUME 39, PAGE 50 OF THE PLAT IN VOLUME 39, PAGE 50 OF THE PLAT IN VOLUME 39, PAGE 50 OF THE PLAT VOLUME 39, PAGE 50 OF THE PLAT VOLUME 39, PAGE 50 OF THE PLAT 39, PAGE 50 OF THE PLAT 39, PAGE 50 OF THE PLAT PAGE 50 OF THE PLAT PAGE 50 OF THE PLAT 50 OF THE PLAT 50 OF THE PLAT OF THE PLAT OF THE PLAT THE PLAT THE PLAT PLAT PLAT RECORDS OF TRAVIS COUNTY, TEXAS, ALSO BEING KNOWN AS BONANZA STREET, AS SHOWN ON RESUBDIVISION OF LOT 30M AND LOT OF TRAVIS COUNTY, TEXAS, ALSO BEING KNOWN AS BONANZA STREET, AS SHOWN ON RESUBDIVISION OF LOT 30M AND LOT OF TRAVIS COUNTY, TEXAS, ALSO BEING KNOWN AS BONANZA STREET, AS SHOWN ON RESUBDIVISION OF LOT 30M AND LOT TRAVIS COUNTY, TEXAS, ALSO BEING KNOWN AS BONANZA STREET, AS SHOWN ON RESUBDIVISION OF LOT 30M AND LOT TRAVIS COUNTY, TEXAS, ALSO BEING KNOWN AS BONANZA STREET, AS SHOWN ON RESUBDIVISION OF LOT 30M AND LOT COUNTY, TEXAS, ALSO BEING KNOWN AS BONANZA STREET, AS SHOWN ON RESUBDIVISION OF LOT 30M AND LOT COUNTY, TEXAS, ALSO BEING KNOWN AS BONANZA STREET, AS SHOWN ON RESUBDIVISION OF LOT 30M AND LOT TEXAS, ALSO BEING KNOWN AS BONANZA STREET, AS SHOWN ON RESUBDIVISION OF LOT 30M AND LOT TEXAS, ALSO BEING KNOWN AS BONANZA STREET, AS SHOWN ON RESUBDIVISION OF LOT 30M AND LOT ALSO BEING KNOWN AS BONANZA STREET, AS SHOWN ON RESUBDIVISION OF LOT 30M AND LOT ALSO BEING KNOWN AS BONANZA STREET, AS SHOWN ON RESUBDIVISION OF LOT 30M AND LOT BEING KNOWN AS BONANZA STREET, AS SHOWN ON RESUBDIVISION OF LOT 30M AND LOT BEING KNOWN AS BONANZA STREET, AS SHOWN ON RESUBDIVISION OF LOT 30M AND LOT KNOWN AS BONANZA STREET, AS SHOWN ON RESUBDIVISION OF LOT 30M AND LOT KNOWN AS BONANZA STREET, AS SHOWN ON RESUBDIVISION OF LOT 30M AND LOT AS BONANZA STREET, AS SHOWN ON RESUBDIVISION OF LOT 30M AND LOT AS BONANZA STREET, AS SHOWN ON RESUBDIVISION OF LOT 30M AND LOT BONANZA STREET, AS SHOWN ON RESUBDIVISION OF LOT 30M AND LOT BONANZA STREET, AS SHOWN ON RESUBDIVISION OF LOT 30M AND LOT STREET, AS SHOWN ON RESUBDIVISION OF LOT 30M AND LOT STREET, AS SHOWN ON RESUBDIVISION OF LOT 30M AND LOT AS SHOWN ON RESUBDIVISION OF LOT 30M AND LOT AS SHOWN ON RESUBDIVISION OF LOT 30M AND LOT SHOWN ON RESUBDIVISION OF LOT 30M AND LOT SHOWN ON RESUBDIVISION OF LOT 30M AND LOT ON RESUBDIVISION OF LOT 30M AND LOT ON RESUBDIVISION OF LOT 30M AND LOT RESUBDIVISION OF LOT 30M AND LOT RESUBDIVISION OF LOT 30M AND LOT RESUBDIVISION OF LOT 30M AND LOT OF LOT 30M AND LOT OF LOT 30M AND LOT LOT 30M AND LOT LOT 30M AND LOT 30M AND LOT 30M AND LOT AND LOT AND LOT LOT LOT 31M LAGO VISTA PLAZA, PLAT RECORDED IN DOCUMENT NO. 201900146, OF THE OFFICIAL PUBLIC RECORDS OF TRAVIS COUNTY TEXAS, LAGO VISTA PLAZA, PLAT RECORDED IN DOCUMENT NO. 201900146, OF THE OFFICIAL PUBLIC RECORDS OF TRAVIS COUNTY TEXAS, LAGO VISTA PLAZA, PLAT RECORDED IN DOCUMENT NO. 201900146, OF THE OFFICIAL PUBLIC RECORDS OF TRAVIS COUNTY TEXAS, VISTA PLAZA, PLAT RECORDED IN DOCUMENT NO. 201900146, OF THE OFFICIAL PUBLIC RECORDS OF TRAVIS COUNTY TEXAS, VISTA PLAZA, PLAT RECORDED IN DOCUMENT NO. 201900146, OF THE OFFICIAL PUBLIC RECORDS OF TRAVIS COUNTY TEXAS, PLAZA, PLAT RECORDED IN DOCUMENT NO. 201900146, OF THE OFFICIAL PUBLIC RECORDS OF TRAVIS COUNTY TEXAS, PLAZA, PLAT RECORDED IN DOCUMENT NO. 201900146, OF THE OFFICIAL PUBLIC RECORDS OF TRAVIS COUNTY TEXAS, PLAT RECORDED IN DOCUMENT NO. 201900146, OF THE OFFICIAL PUBLIC RECORDS OF TRAVIS COUNTY TEXAS, PLAT RECORDED IN DOCUMENT NO. 201900146, OF THE OFFICIAL PUBLIC RECORDS OF TRAVIS COUNTY TEXAS, RECORDED IN DOCUMENT NO. 201900146, OF THE OFFICIAL PUBLIC RECORDS OF TRAVIS COUNTY TEXAS, RECORDED IN DOCUMENT NO. 201900146, OF THE OFFICIAL PUBLIC RECORDS OF TRAVIS COUNTY TEXAS, IN DOCUMENT NO. 201900146, OF THE OFFICIAL PUBLIC RECORDS OF TRAVIS COUNTY TEXAS, IN DOCUMENT NO. 201900146, OF THE OFFICIAL PUBLIC RECORDS OF TRAVIS COUNTY TEXAS, DOCUMENT NO. 201900146, OF THE OFFICIAL PUBLIC RECORDS OF TRAVIS COUNTY TEXAS, DOCUMENT NO. 201900146, OF THE OFFICIAL PUBLIC RECORDS OF TRAVIS COUNTY TEXAS, NO. 201900146, OF THE OFFICIAL PUBLIC RECORDS OF TRAVIS COUNTY TEXAS, NO. 201900146, OF THE OFFICIAL PUBLIC RECORDS OF TRAVIS COUNTY TEXAS, 201900146, OF THE OFFICIAL PUBLIC RECORDS OF TRAVIS COUNTY TEXAS, 201900146, OF THE OFFICIAL PUBLIC RECORDS OF TRAVIS COUNTY TEXAS, OF THE OFFICIAL PUBLIC RECORDS OF TRAVIS COUNTY TEXAS, OF THE OFFICIAL PUBLIC RECORDS OF TRAVIS COUNTY TEXAS, THE OFFICIAL PUBLIC RECORDS OF TRAVIS COUNTY TEXAS, THE OFFICIAL PUBLIC RECORDS OF TRAVIS COUNTY TEXAS, OFFICIAL PUBLIC RECORDS OF TRAVIS COUNTY TEXAS, OFFICIAL PUBLIC RECORDS OF TRAVIS COUNTY TEXAS, PUBLIC RECORDS OF TRAVIS COUNTY TEXAS, PUBLIC RECORDS OF TRAVIS COUNTY TEXAS, RECORDS OF TRAVIS COUNTY TEXAS, RECORDS OF TRAVIS COUNTY TEXAS, OF TRAVIS COUNTY TEXAS, OF TRAVIS COUNTY TEXAS, TRAVIS COUNTY TEXAS, TRAVIS COUNTY TEXAS, COUNTY TEXAS, COUNTY TEXAS, TEXAS, TEXAS, SAID 0.034 OF AN ACRE TRACT OF LAND BEING MORE FULLY DESCRIBED BY METES AND BOUNDS TO ACCOMPANY THIS SURVEY. MORE FULLY DESCRIBED BY METES AND BOUNDS TO ACCOMPANY THIS SURVEY. TRACT 2: BBEING A 0.036 OF AN ACRE TRACT OF LAND, MORE OR LESS, OUT OF BONANZA (A PUBLIC ROADWAY/RIGHT-OF-WAY), AS 2: BBEING A 0.036 OF AN ACRE TRACT OF LAND, MORE OR LESS, OUT OF BONANZA (A PUBLIC ROADWAY/RIGHT-OF-WAY), AS 2: BBEING A 0.036 OF AN ACRE TRACT OF LAND, MORE OR LESS, OUT OF BONANZA (A PUBLIC ROADWAY/RIGHT-OF-WAY), AS BBEING A 0.036 OF AN ACRE TRACT OF LAND, MORE OR LESS, OUT OF BONANZA (A PUBLIC ROADWAY/RIGHT-OF-WAY), AS BBEING A 0.036 OF AN ACRE TRACT OF LAND, MORE OR LESS, OUT OF BONANZA (A PUBLIC ROADWAY/RIGHT-OF-WAY), AS BEING A 0.036 OF AN ACRE TRACT OF LAND, MORE OR LESS, OUT OF BONANZA (A PUBLIC ROADWAY/RIGHT-OF-WAY), AS A 0.036 OF AN ACRE TRACT OF LAND, MORE OR LESS, OUT OF BONANZA (A PUBLIC ROADWAY/RIGHT-OF-WAY), AS A 0.036 OF AN ACRE TRACT OF LAND, MORE OR LESS, OUT OF BONANZA (A PUBLIC ROADWAY/RIGHT-OF-WAY), AS 0.036 OF AN ACRE TRACT OF LAND, MORE OR LESS, OUT OF BONANZA (A PUBLIC ROADWAY/RIGHT-OF-WAY), AS 0.036 OF AN ACRE TRACT OF LAND, MORE OR LESS, OUT OF BONANZA (A PUBLIC ROADWAY/RIGHT-OF-WAY), AS OF AN ACRE TRACT OF LAND, MORE OR LESS, OUT OF BONANZA (A PUBLIC ROADWAY/RIGHT-OF-WAY), AS OF AN ACRE TRACT OF LAND, MORE OR LESS, OUT OF BONANZA (A PUBLIC ROADWAY/RIGHT-OF-WAY), AS AN ACRE TRACT OF LAND, MORE OR LESS, OUT OF BONANZA (A PUBLIC ROADWAY/RIGHT-OF-WAY), AS AN ACRE TRACT OF LAND, MORE OR LESS, OUT OF BONANZA (A PUBLIC ROADWAY/RIGHT-OF-WAY), AS ACRE TRACT OF LAND, MORE OR LESS, OUT OF BONANZA (A PUBLIC ROADWAY/RIGHT-OF-WAY), AS ACRE TRACT OF LAND, MORE OR LESS, OUT OF BONANZA (A PUBLIC ROADWAY/RIGHT-OF-WAY), AS TRACT OF LAND, MORE OR LESS, OUT OF BONANZA (A PUBLIC ROADWAY/RIGHT-OF-WAY), AS TRACT OF LAND, MORE OR LESS, OUT OF BONANZA (A PUBLIC ROADWAY/RIGHT-OF-WAY), AS OF LAND, MORE OR LESS, OUT OF BONANZA (A PUBLIC ROADWAY/RIGHT-OF-WAY), AS OF LAND, MORE OR LESS, OUT OF BONANZA (A PUBLIC ROADWAY/RIGHT-OF-WAY), AS LAND, MORE OR LESS, OUT OF BONANZA (A PUBLIC ROADWAY/RIGHT-OF-WAY), AS LAND, MORE OR LESS, OUT OF BONANZA (A PUBLIC ROADWAY/RIGHT-OF-WAY), AS MORE OR LESS, OUT OF BONANZA (A PUBLIC ROADWAY/RIGHT-OF-WAY), AS MORE OR LESS, OUT OF BONANZA (A PUBLIC ROADWAY/RIGHT-OF-WAY), AS OR LESS, OUT OF BONANZA (A PUBLIC ROADWAY/RIGHT-OF-WAY), AS OR LESS, OUT OF BONANZA (A PUBLIC ROADWAY/RIGHT-OF-WAY), AS LESS, OUT OF BONANZA (A PUBLIC ROADWAY/RIGHT-OF-WAY), AS LESS, OUT OF BONANZA (A PUBLIC ROADWAY/RIGHT-OF-WAY), AS OUT OF BONANZA (A PUBLIC ROADWAY/RIGHT-OF-WAY), AS OUT OF BONANZA (A PUBLIC ROADWAY/RIGHT-OF-WAY), AS OF BONANZA (A PUBLIC ROADWAY/RIGHT-OF-WAY), AS OF BONANZA (A PUBLIC ROADWAY/RIGHT-OF-WAY), AS BONANZA (A PUBLIC ROADWAY/RIGHT-OF-WAY), AS BONANZA (A PUBLIC ROADWAY/RIGHT-OF-WAY), AS (A PUBLIC ROADWAY/RIGHT-OF-WAY), AS (A PUBLIC ROADWAY/RIGHT-OF-WAY), AS PUBLIC ROADWAY/RIGHT-OF-WAY), AS PUBLIC ROADWAY/RIGHT-OF-WAY), AS ROADWAY/RIGHT-OF-WAY), AS ROADWAY/RIGHT-OF-WAY), AS AS AS SHOWN ON THE LAGO VISTA TRAVIS PLAZA PLAT RECORDED IN VOLUME 39, PAGE 50 OF THE PLAT RECORDS OF TRAVIS COUNTY, ON THE LAGO VISTA TRAVIS PLAZA PLAT RECORDED IN VOLUME 39, PAGE 50 OF THE PLAT RECORDS OF TRAVIS COUNTY, ON THE LAGO VISTA TRAVIS PLAZA PLAT RECORDED IN VOLUME 39, PAGE 50 OF THE PLAT RECORDS OF TRAVIS COUNTY, THE LAGO VISTA TRAVIS PLAZA PLAT RECORDED IN VOLUME 39, PAGE 50 OF THE PLAT RECORDS OF TRAVIS COUNTY, THE LAGO VISTA TRAVIS PLAZA PLAT RECORDED IN VOLUME 39, PAGE 50 OF THE PLAT RECORDS OF TRAVIS COUNTY, LAGO VISTA TRAVIS PLAZA PLAT RECORDED IN VOLUME 39, PAGE 50 OF THE PLAT RECORDS OF TRAVIS COUNTY, LAGO VISTA TRAVIS PLAZA PLAT RECORDED IN VOLUME 39, PAGE 50 OF THE PLAT RECORDS OF TRAVIS COUNTY, VISTA TRAVIS PLAZA PLAT RECORDED IN VOLUME 39, PAGE 50 OF THE PLAT RECORDS OF TRAVIS COUNTY, VISTA TRAVIS PLAZA PLAT RECORDED IN VOLUME 39, PAGE 50 OF THE PLAT RECORDS OF TRAVIS COUNTY, TRAVIS PLAZA PLAT RECORDED IN VOLUME 39, PAGE 50 OF THE PLAT RECORDS OF TRAVIS COUNTY, TRAVIS PLAZA PLAT RECORDED IN VOLUME 39, PAGE 50 OF THE PLAT RECORDS OF TRAVIS COUNTY, PLAZA PLAT RECORDED IN VOLUME 39, PAGE 50 OF THE PLAT RECORDS OF TRAVIS COUNTY, PLAZA PLAT RECORDED IN VOLUME 39, PAGE 50 OF THE PLAT RECORDS OF TRAVIS COUNTY, PLAT RECORDED IN VOLUME 39, PAGE 50 OF THE PLAT RECORDS OF TRAVIS COUNTY, PLAT RECORDED IN VOLUME 39, PAGE 50 OF THE PLAT RECORDS OF TRAVIS COUNTY, RECORDED IN VOLUME 39, PAGE 50 OF THE PLAT RECORDS OF TRAVIS COUNTY, RECORDED IN VOLUME 39, PAGE 50 OF THE PLAT RECORDS OF TRAVIS COUNTY, IN VOLUME 39, PAGE 50 OF THE PLAT RECORDS OF TRAVIS COUNTY, IN VOLUME 39, PAGE 50 OF THE PLAT RECORDS OF TRAVIS COUNTY, VOLUME 39, PAGE 50 OF THE PLAT RECORDS OF TRAVIS COUNTY, VOLUME 39, PAGE 50 OF THE PLAT RECORDS OF TRAVIS COUNTY, 39, PAGE 50 OF THE PLAT RECORDS OF TRAVIS COUNTY, 39, PAGE 50 OF THE PLAT RECORDS OF TRAVIS COUNTY, PAGE 50 OF THE PLAT RECORDS OF TRAVIS COUNTY, PAGE 50 OF THE PLAT RECORDS OF TRAVIS COUNTY, 50 OF THE PLAT RECORDS OF TRAVIS COUNTY, 50 OF THE PLAT RECORDS OF TRAVIS COUNTY, OF THE PLAT RECORDS OF TRAVIS COUNTY, OF THE PLAT RECORDS OF TRAVIS COUNTY, THE PLAT RECORDS OF TRAVIS COUNTY, THE PLAT RECORDS OF TRAVIS COUNTY, PLAT RECORDS OF TRAVIS COUNTY, PLAT RECORDS OF TRAVIS COUNTY, RECORDS OF TRAVIS COUNTY, RECORDS OF TRAVIS COUNTY, OF TRAVIS COUNTY, OF TRAVIS COUNTY, TRAVIS COUNTY, TRAVIS COUNTY, COUNTY, COUNTY, TEXAS, ALSO BEING KNOWN AS BONANZA STREET, AS SHOWN ON RESUBDIVISION OF LOT 30M AND LOT 31M LAGO VISTA PLAZA, PLAT ALSO BEING KNOWN AS BONANZA STREET, AS SHOWN ON RESUBDIVISION OF LOT 30M AND LOT 31M LAGO VISTA PLAZA, PLAT ALSO BEING KNOWN AS BONANZA STREET, AS SHOWN ON RESUBDIVISION OF LOT 30M AND LOT 31M LAGO VISTA PLAZA, PLAT BEING KNOWN AS BONANZA STREET, AS SHOWN ON RESUBDIVISION OF LOT 30M AND LOT 31M LAGO VISTA PLAZA, PLAT BEING KNOWN AS BONANZA STREET, AS SHOWN ON RESUBDIVISION OF LOT 30M AND LOT 31M LAGO VISTA PLAZA, PLAT KNOWN AS BONANZA STREET, AS SHOWN ON RESUBDIVISION OF LOT 30M AND LOT 31M LAGO VISTA PLAZA, PLAT KNOWN AS BONANZA STREET, AS SHOWN ON RESUBDIVISION OF LOT 30M AND LOT 31M LAGO VISTA PLAZA, PLAT AS BONANZA STREET, AS SHOWN ON RESUBDIVISION OF LOT 30M AND LOT 31M LAGO VISTA PLAZA, PLAT AS BONANZA STREET, AS SHOWN ON RESUBDIVISION OF LOT 30M AND LOT 31M LAGO VISTA PLAZA, PLAT BONANZA STREET, AS SHOWN ON RESUBDIVISION OF LOT 30M AND LOT 31M LAGO VISTA PLAZA, PLAT BONANZA STREET, AS SHOWN ON RESUBDIVISION OF LOT 30M AND LOT 31M LAGO VISTA PLAZA, PLAT STREET, AS SHOWN ON RESUBDIVISION OF LOT 30M AND LOT 31M LAGO VISTA PLAZA, PLAT STREET, AS SHOWN ON RESUBDIVISION OF LOT 30M AND LOT 31M LAGO VISTA PLAZA, PLAT AS SHOWN ON RESUBDIVISION OF LOT 30M AND LOT 31M LAGO VISTA PLAZA, PLAT AS SHOWN ON RESUBDIVISION OF LOT 30M AND LOT 31M LAGO VISTA PLAZA, PLAT SHOWN ON RESUBDIVISION OF LOT 30M AND LOT 31M LAGO VISTA PLAZA, PLAT SHOWN ON RESUBDIVISION OF LOT 30M AND LOT 31M LAGO VISTA PLAZA, PLAT ON RESUBDIVISION OF LOT 30M AND LOT 31M LAGO VISTA PLAZA, PLAT ON RESUBDIVISION OF LOT 30M AND LOT 31M LAGO VISTA PLAZA, PLAT RESUBDIVISION OF LOT 30M AND LOT 31M LAGO VISTA PLAZA, PLAT RESUBDIVISION OF LOT 30M AND LOT 31M LAGO VISTA PLAZA, PLAT RESUBDIVISION OF LOT 30M AND LOT 31M LAGO VISTA PLAZA, PLAT OF LOT 30M AND LOT 31M LAGO VISTA PLAZA, PLAT OF LOT 30M AND LOT 31M LAGO VISTA PLAZA, PLAT LOT 30M AND LOT 31M LAGO VISTA PLAZA, PLAT LOT 30M AND LOT 31M LAGO VISTA PLAZA, PLAT 30M AND LOT 31M LAGO VISTA PLAZA, PLAT 30M AND LOT 31M LAGO VISTA PLAZA, PLAT AND LOT 31M LAGO VISTA PLAZA, PLAT AND LOT 31M LAGO VISTA PLAZA, PLAT LOT 31M LAGO VISTA PLAZA, PLAT LOT 31M LAGO VISTA PLAZA, PLAT 31M LAGO VISTA PLAZA, PLAT 31M LAGO VISTA PLAZA, PLAT LAGO VISTA PLAZA, PLAT LAGO VISTA PLAZA, PLAT VISTA PLAZA, PLAT VISTA PLAZA, PLAT PLAZA, PLAT PLAZA, PLAT PLAT PLAT RECORDED IN DOCUMENT NO. 201900146 OF THE OFFICIAL PUBLIC RECORDS OF TRAVIS COUNTY TEXAS, SAID 0.036 OF AN ACRE IN DOCUMENT NO. 201900146 OF THE OFFICIAL PUBLIC RECORDS OF TRAVIS COUNTY TEXAS, SAID 0.036 OF AN ACRE IN DOCUMENT NO. 201900146 OF THE OFFICIAL PUBLIC RECORDS OF TRAVIS COUNTY TEXAS, SAID 0.036 OF AN ACRE DOCUMENT NO. 201900146 OF THE OFFICIAL PUBLIC RECORDS OF TRAVIS COUNTY TEXAS, SAID 0.036 OF AN ACRE DOCUMENT NO. 201900146 OF THE OFFICIAL PUBLIC RECORDS OF TRAVIS COUNTY TEXAS, SAID 0.036 OF AN ACRE NO. 201900146 OF THE OFFICIAL PUBLIC RECORDS OF TRAVIS COUNTY TEXAS, SAID 0.036 OF AN ACRE NO. 201900146 OF THE OFFICIAL PUBLIC RECORDS OF TRAVIS COUNTY TEXAS, SAID 0.036 OF AN ACRE 201900146 OF THE OFFICIAL PUBLIC RECORDS OF TRAVIS COUNTY TEXAS, SAID 0.036 OF AN ACRE 201900146 OF THE OFFICIAL PUBLIC RECORDS OF TRAVIS COUNTY TEXAS, SAID 0.036 OF AN ACRE OF THE OFFICIAL PUBLIC RECORDS OF TRAVIS COUNTY TEXAS, SAID 0.036 OF AN ACRE OF THE OFFICIAL PUBLIC RECORDS OF TRAVIS COUNTY TEXAS, SAID 0.036 OF AN ACRE THE OFFICIAL PUBLIC RECORDS OF TRAVIS COUNTY TEXAS, SAID 0.036 OF AN ACRE THE OFFICIAL PUBLIC RECORDS OF TRAVIS COUNTY TEXAS, SAID 0.036 OF AN ACRE OFFICIAL PUBLIC RECORDS OF TRAVIS COUNTY TEXAS, SAID 0.036 OF AN ACRE OFFICIAL PUBLIC RECORDS OF TRAVIS COUNTY TEXAS, SAID 0.036 OF AN ACRE PUBLIC RECORDS OF TRAVIS COUNTY TEXAS, SAID 0.036 OF AN ACRE PUBLIC RECORDS OF TRAVIS COUNTY TEXAS, SAID 0.036 OF AN ACRE RECORDS OF TRAVIS COUNTY TEXAS, SAID 0.036 OF AN ACRE RECORDS OF TRAVIS COUNTY TEXAS, SAID 0.036 OF AN ACRE OF TRAVIS COUNTY TEXAS, SAID 0.036 OF AN ACRE OF TRAVIS COUNTY TEXAS, SAID 0.036 OF AN ACRE TRAVIS COUNTY TEXAS, SAID 0.036 OF AN ACRE TRAVIS COUNTY TEXAS, SAID 0.036 OF AN ACRE COUNTY TEXAS, SAID 0.036 OF AN ACRE COUNTY TEXAS, SAID 0.036 OF AN ACRE TEXAS, SAID 0.036 OF AN ACRE TEXAS, SAID 0.036 OF AN ACRE SAID 0.036 OF AN ACRE SAID 0.036 OF AN ACRE 0.036 OF AN ACRE 0.036 OF AN ACRE OF AN ACRE OF AN ACRE AN ACRE AN ACRE ACRE ACRE TRACT OF LAND BEING MORE FULLY DESCRIBED BY METES AND BOUNDS TO ACCOMPANY THIS SURVEY. MORE FULLY DESCRIBED BY METES AND BOUNDS TO ACCOMPANY THIS SURVEY. TRACT 3: BEING A 0.131 ACRE TRACT OF LAND, MORE OR LESS, OUT OF LOTS 30M-B AND 31M-B, RESUBDIVISION OF LOT 30M AND 3: BEING A 0.131 ACRE TRACT OF LAND, MORE OR LESS, OUT OF LOTS 30M-B AND 31M-B, RESUBDIVISION OF LOT 30M AND 3: BEING A 0.131 ACRE TRACT OF LAND, MORE OR LESS, OUT OF LOTS 30M-B AND 31M-B, RESUBDIVISION OF LOT 30M AND BEING A 0.131 ACRE TRACT OF LAND, MORE OR LESS, OUT OF LOTS 30M-B AND 31M-B, RESUBDIVISION OF LOT 30M AND BEING A 0.131 ACRE TRACT OF LAND, MORE OR LESS, OUT OF LOTS 30M-B AND 31M-B, RESUBDIVISION OF LOT 30M AND A 0.131 ACRE TRACT OF LAND, MORE OR LESS, OUT OF LOTS 30M-B AND 31M-B, RESUBDIVISION OF LOT 30M AND A 0.131 ACRE TRACT OF LAND, MORE OR LESS, OUT OF LOTS 30M-B AND 31M-B, RESUBDIVISION OF LOT 30M AND 0.131 ACRE TRACT OF LAND, MORE OR LESS, OUT OF LOTS 30M-B AND 31M-B, RESUBDIVISION OF LOT 30M AND 0.131 ACRE TRACT OF LAND, MORE OR LESS, OUT OF LOTS 30M-B AND 31M-B, RESUBDIVISION OF LOT 30M AND ACRE TRACT OF LAND, MORE OR LESS, OUT OF LOTS 30M-B AND 31M-B, RESUBDIVISION OF LOT 30M AND ACRE TRACT OF LAND, MORE OR LESS, OUT OF LOTS 30M-B AND 31M-B, RESUBDIVISION OF LOT 30M AND TRACT OF LAND, MORE OR LESS, OUT OF LOTS 30M-B AND 31M-B, RESUBDIVISION OF LOT 30M AND TRACT OF LAND, MORE OR LESS, OUT OF LOTS 30M-B AND 31M-B, RESUBDIVISION OF LOT 30M AND OF LAND, MORE OR LESS, OUT OF LOTS 30M-B AND 31M-B, RESUBDIVISION OF LOT 30M AND OF LAND, MORE OR LESS, OUT OF LOTS 30M-B AND 31M-B, RESUBDIVISION OF LOT 30M AND LAND, MORE OR LESS, OUT OF LOTS 30M-B AND 31M-B, RESUBDIVISION OF LOT 30M AND LAND, MORE OR LESS, OUT OF LOTS 30M-B AND 31M-B, RESUBDIVISION OF LOT 30M AND MORE OR LESS, OUT OF LOTS 30M-B AND 31M-B, RESUBDIVISION OF LOT 30M AND MORE OR LESS, OUT OF LOTS 30M-B AND 31M-B, RESUBDIVISION OF LOT 30M AND OR LESS, OUT OF LOTS 30M-B AND 31M-B, RESUBDIVISION OF LOT 30M AND OR LESS, OUT OF LOTS 30M-B AND 31M-B, RESUBDIVISION OF LOT 30M AND LESS, OUT OF LOTS 30M-B AND 31M-B, RESUBDIVISION OF LOT 30M AND LESS, OUT OF LOTS 30M-B AND 31M-B, RESUBDIVISION OF LOT 30M AND OUT OF LOTS 30M-B AND 31M-B, RESUBDIVISION OF LOT 30M AND OUT OF LOTS 30M-B AND 31M-B, RESUBDIVISION OF LOT 30M AND OF LOTS 30M-B AND 31M-B, RESUBDIVISION OF LOT 30M AND OF LOTS 30M-B AND 31M-B, RESUBDIVISION OF LOT 30M AND LOTS 30M-B AND 31M-B, RESUBDIVISION OF LOT 30M AND LOTS 30M-B AND 31M-B, RESUBDIVISION OF LOT 30M AND 30M-B AND 31M-B, RESUBDIVISION OF LOT 30M AND 30M-B AND 31M-B, RESUBDIVISION OF LOT 30M AND AND 31M-B, RESUBDIVISION OF LOT 30M AND AND 31M-B, RESUBDIVISION OF LOT 30M AND 31M-B, RESUBDIVISION OF LOT 30M AND 31M-B, RESUBDIVISION OF LOT 30M AND RESUBDIVISION OF LOT 30M AND RESUBDIVISION OF LOT 30M AND OF LOT 30M AND OF LOT 30M AND LOT 30M AND LOT 30M AND 30M AND 30M AND AND AND 31M, LAGO VISTA TRAVIS PLAZA, AS DESCRIBED TO MOHSEN ANAMI IN DOCUMENT NO. 201900146 OF THE OFFICIAL PUBLIC RECORDS LAGO VISTA TRAVIS PLAZA, AS DESCRIBED TO MOHSEN ANAMI IN DOCUMENT NO. 201900146 OF THE OFFICIAL PUBLIC RECORDS LAGO VISTA TRAVIS PLAZA, AS DESCRIBED TO MOHSEN ANAMI IN DOCUMENT NO. 201900146 OF THE OFFICIAL PUBLIC RECORDS VISTA TRAVIS PLAZA, AS DESCRIBED TO MOHSEN ANAMI IN DOCUMENT NO. 201900146 OF THE OFFICIAL PUBLIC RECORDS VISTA TRAVIS PLAZA, AS DESCRIBED TO MOHSEN ANAMI IN DOCUMENT NO. 201900146 OF THE OFFICIAL PUBLIC RECORDS TRAVIS PLAZA, AS DESCRIBED TO MOHSEN ANAMI IN DOCUMENT NO. 201900146 OF THE OFFICIAL PUBLIC RECORDS TRAVIS PLAZA, AS DESCRIBED TO MOHSEN ANAMI IN DOCUMENT NO. 201900146 OF THE OFFICIAL PUBLIC RECORDS PLAZA, AS DESCRIBED TO MOHSEN ANAMI IN DOCUMENT NO. 201900146 OF THE OFFICIAL PUBLIC RECORDS PLAZA, AS DESCRIBED TO MOHSEN ANAMI IN DOCUMENT NO. 201900146 OF THE OFFICIAL PUBLIC RECORDS AS DESCRIBED TO MOHSEN ANAMI IN DOCUMENT NO. 201900146 OF THE OFFICIAL PUBLIC RECORDS AS DESCRIBED TO MOHSEN ANAMI IN DOCUMENT NO. 201900146 OF THE OFFICIAL PUBLIC RECORDS DESCRIBED TO MOHSEN ANAMI IN DOCUMENT NO. 201900146 OF THE OFFICIAL PUBLIC RECORDS DESCRIBED TO MOHSEN ANAMI IN DOCUMENT NO. 201900146 OF THE OFFICIAL PUBLIC RECORDS TO MOHSEN ANAMI IN DOCUMENT NO. 201900146 OF THE OFFICIAL PUBLIC RECORDS TO MOHSEN ANAMI IN DOCUMENT NO. 201900146 OF THE OFFICIAL PUBLIC RECORDS MOHSEN ANAMI IN DOCUMENT NO. 201900146 OF THE OFFICIAL PUBLIC RECORDS MOHSEN ANAMI IN DOCUMENT NO. 201900146 OF THE OFFICIAL PUBLIC RECORDS ANAMI IN DOCUMENT NO. 201900146 OF THE OFFICIAL PUBLIC RECORDS ANAMI IN DOCUMENT NO. 201900146 OF THE OFFICIAL PUBLIC RECORDS IN DOCUMENT NO. 201900146 OF THE OFFICIAL PUBLIC RECORDS IN DOCUMENT NO. 201900146 OF THE OFFICIAL PUBLIC RECORDS DOCUMENT NO. 201900146 OF THE OFFICIAL PUBLIC RECORDS DOCUMENT NO. 201900146 OF THE OFFICIAL PUBLIC RECORDS NO. 201900146 OF THE OFFICIAL PUBLIC RECORDS NO. 201900146 OF THE OFFICIAL PUBLIC RECORDS 201900146 OF THE OFFICIAL PUBLIC RECORDS 201900146 OF THE OFFICIAL PUBLIC RECORDS OF THE OFFICIAL PUBLIC RECORDS OF THE OFFICIAL PUBLIC RECORDS THE OFFICIAL PUBLIC RECORDS THE OFFICIAL PUBLIC RECORDS OFFICIAL PUBLIC RECORDS OFFICIAL PUBLIC RECORDS PUBLIC RECORDS PUBLIC RECORDS RECORDS RECORDS OF TRAVIS COUNTY, TEXAS, AND OUT OF TRACT PLZ.1 AS DESCRIBED IN DOCUMENT TO MOHSEN ANAMI IN DOCUMENT NO. 2009040371 TRAVIS COUNTY, TEXAS, AND OUT OF TRACT PLZ.1 AS DESCRIBED IN DOCUMENT TO MOHSEN ANAMI IN DOCUMENT NO. 2009040371 TRAVIS COUNTY, TEXAS, AND OUT OF TRACT PLZ.1 AS DESCRIBED IN DOCUMENT TO MOHSEN ANAMI IN DOCUMENT NO. 2009040371 COUNTY, TEXAS, AND OUT OF TRACT PLZ.1 AS DESCRIBED IN DOCUMENT TO MOHSEN ANAMI IN DOCUMENT NO. 2009040371 COUNTY, TEXAS, AND OUT OF TRACT PLZ.1 AS DESCRIBED IN DOCUMENT TO MOHSEN ANAMI IN DOCUMENT NO. 2009040371 TEXAS, AND OUT OF TRACT PLZ.1 AS DESCRIBED IN DOCUMENT TO MOHSEN ANAMI IN DOCUMENT NO. 2009040371 TEXAS, AND OUT OF TRACT PLZ.1 AS DESCRIBED IN DOCUMENT TO MOHSEN ANAMI IN DOCUMENT NO. 2009040371 AND OUT OF TRACT PLZ.1 AS DESCRIBED IN DOCUMENT TO MOHSEN ANAMI IN DOCUMENT NO. 2009040371 AND OUT OF TRACT PLZ.1 AS DESCRIBED IN DOCUMENT TO MOHSEN ANAMI IN DOCUMENT NO. 2009040371 OUT OF TRACT PLZ.1 AS DESCRIBED IN DOCUMENT TO MOHSEN ANAMI IN DOCUMENT NO. 2009040371 OUT OF TRACT PLZ.1 AS DESCRIBED IN DOCUMENT TO MOHSEN ANAMI IN DOCUMENT NO. 2009040371 OF TRACT PLZ.1 AS DESCRIBED IN DOCUMENT TO MOHSEN ANAMI IN DOCUMENT NO. 2009040371 OF TRACT PLZ.1 AS DESCRIBED IN DOCUMENT TO MOHSEN ANAMI IN DOCUMENT NO. 2009040371 TRACT PLZ.1 AS DESCRIBED IN DOCUMENT TO MOHSEN ANAMI IN DOCUMENT NO. 2009040371 TRACT PLZ.1 AS DESCRIBED IN DOCUMENT TO MOHSEN ANAMI IN DOCUMENT NO. 2009040371 PLZ.1 AS DESCRIBED IN DOCUMENT TO MOHSEN ANAMI IN DOCUMENT NO. 2009040371 PLZ.1 AS DESCRIBED IN DOCUMENT TO MOHSEN ANAMI IN DOCUMENT NO. 2009040371 AS DESCRIBED IN DOCUMENT TO MOHSEN ANAMI IN DOCUMENT NO. 2009040371 AS DESCRIBED IN DOCUMENT TO MOHSEN ANAMI IN DOCUMENT NO. 2009040371 DESCRIBED IN DOCUMENT TO MOHSEN ANAMI IN DOCUMENT NO. 2009040371 DESCRIBED IN DOCUMENT TO MOHSEN ANAMI IN DOCUMENT NO. 2009040371 IN DOCUMENT TO MOHSEN ANAMI IN DOCUMENT NO. 2009040371 IN DOCUMENT TO MOHSEN ANAMI IN DOCUMENT NO. 2009040371 DOCUMENT TO MOHSEN ANAMI IN DOCUMENT NO. 2009040371 DOCUMENT TO MOHSEN ANAMI IN DOCUMENT NO. 2009040371 TO MOHSEN ANAMI IN DOCUMENT NO. 2009040371 TO MOHSEN ANAMI IN DOCUMENT NO. 2009040371 MOHSEN ANAMI IN DOCUMENT NO. 2009040371 MOHSEN ANAMI IN DOCUMENT NO. 2009040371 ANAMI IN DOCUMENT NO. 2009040371 ANAMI IN DOCUMENT NO. 2009040371 IN DOCUMENT NO. 2009040371 IN DOCUMENT NO. 2009040371 DOCUMENT NO. 2009040371 DOCUMENT NO. 2009040371 NO. 2009040371 NO. 2009040371 2009040371 2009040371 OF THE OFFICIAL PUBLIC RECORDS OF TRAVIS COUNTY, TEXAS, SAID 0.131 ACRE TRACT OF LAND BEING MORE FULLY DESCRIBED BY THE OFFICIAL PUBLIC RECORDS OF TRAVIS COUNTY, TEXAS, SAID 0.131 ACRE TRACT OF LAND BEING MORE FULLY DESCRIBED BY THE OFFICIAL PUBLIC RECORDS OF TRAVIS COUNTY, TEXAS, SAID 0.131 ACRE TRACT OF LAND BEING MORE FULLY DESCRIBED BY OFFICIAL PUBLIC RECORDS OF TRAVIS COUNTY, TEXAS, SAID 0.131 ACRE TRACT OF LAND BEING MORE FULLY DESCRIBED BY OFFICIAL PUBLIC RECORDS OF TRAVIS COUNTY, TEXAS, SAID 0.131 ACRE TRACT OF LAND BEING MORE FULLY DESCRIBED BY PUBLIC RECORDS OF TRAVIS COUNTY, TEXAS, SAID 0.131 ACRE TRACT OF LAND BEING MORE FULLY DESCRIBED BY PUBLIC RECORDS OF TRAVIS COUNTY, TEXAS, SAID 0.131 ACRE TRACT OF LAND BEING MORE FULLY DESCRIBED BY RECORDS OF TRAVIS COUNTY, TEXAS, SAID 0.131 ACRE TRACT OF LAND BEING MORE FULLY DESCRIBED BY RECORDS OF TRAVIS COUNTY, TEXAS, SAID 0.131 ACRE TRACT OF LAND BEING MORE FULLY DESCRIBED BY OF TRAVIS COUNTY, TEXAS, SAID 0.131 ACRE TRACT OF LAND BEING MORE FULLY DESCRIBED BY OF TRAVIS COUNTY, TEXAS, SAID 0.131 ACRE TRACT OF LAND BEING MORE FULLY DESCRIBED BY TRAVIS COUNTY, TEXAS, SAID 0.131 ACRE TRACT OF LAND BEING MORE FULLY DESCRIBED BY TRAVIS COUNTY, TEXAS, SAID 0.131 ACRE TRACT OF LAND BEING MORE FULLY DESCRIBED BY COUNTY, TEXAS, SAID 0.131 ACRE TRACT OF LAND BEING MORE FULLY DESCRIBED BY COUNTY, TEXAS, SAID 0.131 ACRE TRACT OF LAND BEING MORE FULLY DESCRIBED BY TEXAS, SAID 0.131 ACRE TRACT OF LAND BEING MORE FULLY DESCRIBED BY TEXAS, SAID 0.131 ACRE TRACT OF LAND BEING MORE FULLY DESCRIBED BY SAID 0.131 ACRE TRACT OF LAND BEING MORE FULLY DESCRIBED BY SAID 0.131 ACRE TRACT OF LAND BEING MORE FULLY DESCRIBED BY 0.131 ACRE TRACT OF LAND BEING MORE FULLY DESCRIBED BY 0.131 ACRE TRACT OF LAND BEING MORE FULLY DESCRIBED BY ACRE TRACT OF LAND BEING MORE FULLY DESCRIBED BY ACRE TRACT OF LAND BEING MORE FULLY DESCRIBED BY TRACT OF LAND BEING MORE FULLY DESCRIBED BY TRACT OF LAND BEING MORE FULLY DESCRIBED BY OF LAND BEING MORE FULLY DESCRIBED BY OF LAND BEING MORE FULLY DESCRIBED BY LAND BEING MORE FULLY DESCRIBED BY LAND BEING MORE FULLY DESCRIBED BY BEING MORE FULLY DESCRIBED BY BEING MORE FULLY DESCRIBED BY MORE FULLY DESCRIBED BY MORE FULLY DESCRIBED BY FULLY DESCRIBED BY FULLY DESCRIBED BY DESCRIBED BY DESCRIBED BY BY BY METES AND BOUNDS TO ACCOMPANY THIS SURVEY. SUBJECT TO CURRENT TERMS AND CONDITIONS OF LAND USE AND SUBDIVISION REGULATIONS OF THE CITY OF LAGO VISTA, TRAVIS TO CURRENT TERMS AND CONDITIONS OF LAND USE AND SUBDIVISION REGULATIONS OF THE CITY OF LAGO VISTA, TRAVIS TO CURRENT TERMS AND CONDITIONS OF LAND USE AND SUBDIVISION REGULATIONS OF THE CITY OF LAGO VISTA, TRAVIS CURRENT TERMS AND CONDITIONS OF LAND USE AND SUBDIVISION REGULATIONS OF THE CITY OF LAGO VISTA, TRAVIS CURRENT TERMS AND CONDITIONS OF LAND USE AND SUBDIVISION REGULATIONS OF THE CITY OF LAGO VISTA, TRAVIS TERMS AND CONDITIONS OF LAND USE AND SUBDIVISION REGULATIONS OF THE CITY OF LAGO VISTA, TRAVIS TERMS AND CONDITIONS OF LAND USE AND SUBDIVISION REGULATIONS OF THE CITY OF LAGO VISTA, TRAVIS AND CONDITIONS OF LAND USE AND SUBDIVISION REGULATIONS OF THE CITY OF LAGO VISTA, TRAVIS AND CONDITIONS OF LAND USE AND SUBDIVISION REGULATIONS OF THE CITY OF LAGO VISTA, TRAVIS CONDITIONS OF LAND USE AND SUBDIVISION REGULATIONS OF THE CITY OF LAGO VISTA, TRAVIS CONDITIONS OF LAND USE AND SUBDIVISION REGULATIONS OF THE CITY OF LAGO VISTA, TRAVIS OF LAND USE AND SUBDIVISION REGULATIONS OF THE CITY OF LAGO VISTA, TRAVIS OF LAND USE AND SUBDIVISION REGULATIONS OF THE CITY OF LAGO VISTA, TRAVIS LAND USE AND SUBDIVISION REGULATIONS OF THE CITY OF LAGO VISTA, TRAVIS LAND USE AND SUBDIVISION REGULATIONS OF THE CITY OF LAGO VISTA, TRAVIS USE AND SUBDIVISION REGULATIONS OF THE CITY OF LAGO VISTA, TRAVIS USE AND SUBDIVISION REGULATIONS OF THE CITY OF LAGO VISTA, TRAVIS AND SUBDIVISION REGULATIONS OF THE CITY OF LAGO VISTA, TRAVIS AND SUBDIVISION REGULATIONS OF THE CITY OF LAGO VISTA, TRAVIS SUBDIVISION REGULATIONS OF THE CITY OF LAGO VISTA, TRAVIS SUBDIVISION REGULATIONS OF THE CITY OF LAGO VISTA, TRAVIS REGULATIONS OF THE CITY OF LAGO VISTA, TRAVIS REGULATIONS OF THE CITY OF LAGO VISTA, TRAVIS OF THE CITY OF LAGO VISTA, TRAVIS OF THE CITY OF LAGO VISTA, TRAVIS THE CITY OF LAGO VISTA, TRAVIS THE CITY OF LAGO VISTA, TRAVIS CITY OF LAGO VISTA, TRAVIS CITY OF LAGO VISTA, TRAVIS OF LAGO VISTA, TRAVIS OF LAGO VISTA, TRAVIS LAGO VISTA, TRAVIS LAGO VISTA, TRAVIS VISTA, TRAVIS VISTA, TRAVIS TRAVIS TRAVIS COUNTY, TEXAS.

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PROFESSIONAL FIRM NO: 10126900

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NOTES: 1) THIS SURVEY WAS PREPARED WITHOUT THE BENEFIT OF A TITLE COMMITMENT AND MAY THIS SURVEY WAS PREPARED WITHOUT THE BENEFIT OF A TITLE COMMITMENT AND MAY THIS SURVEY WAS PREPARED WITHOUT THE BENEFIT OF A TITLE COMMITMENT AND MAY SURVEY WAS PREPARED WITHOUT THE BENEFIT OF A TITLE COMMITMENT AND MAY SURVEY WAS PREPARED WITHOUT THE BENEFIT OF A TITLE COMMITMENT AND MAY WAS PREPARED WITHOUT THE BENEFIT OF A TITLE COMMITMENT AND MAY WAS PREPARED WITHOUT THE BENEFIT OF A TITLE COMMITMENT AND MAY PREPARED WITHOUT THE BENEFIT OF A TITLE COMMITMENT AND MAY PREPARED WITHOUT THE BENEFIT OF A TITLE COMMITMENT AND MAY WITHOUT THE BENEFIT OF A TITLE COMMITMENT AND MAY WITHOUT THE BENEFIT OF A TITLE COMMITMENT AND MAY THE BENEFIT OF A TITLE COMMITMENT AND MAY THE BENEFIT OF A TITLE COMMITMENT AND MAY BENEFIT OF A TITLE COMMITMENT AND MAY BENEFIT OF A TITLE COMMITMENT AND MAY OF A TITLE COMMITMENT AND MAY OF A TITLE COMMITMENT AND MAY A TITLE COMMITMENT AND MAY A TITLE COMMITMENT AND MAY TITLE COMMITMENT AND MAY TITLE COMMITMENT AND MAY COMMITMENT AND MAY COMMITMENT AND MAY AND MAY AND MAY MAY MAY HAVE ADDITIONAL ENCUMBRANCES, SURVEYOR NOT RESPONSIBLE FOR ANY ENCUMBRANCES ADDITIONAL ENCUMBRANCES, SURVEYOR NOT RESPONSIBLE FOR ANY ENCUMBRANCES ADDITIONAL ENCUMBRANCES, SURVEYOR NOT RESPONSIBLE FOR ANY ENCUMBRANCES ENCUMBRANCES, SURVEYOR NOT RESPONSIBLE FOR ANY ENCUMBRANCES ENCUMBRANCES, SURVEYOR NOT RESPONSIBLE FOR ANY ENCUMBRANCES SURVEYOR NOT RESPONSIBLE FOR ANY ENCUMBRANCES SURVEYOR NOT RESPONSIBLE FOR ANY ENCUMBRANCES NOT RESPONSIBLE FOR ANY ENCUMBRANCES NOT RESPONSIBLE FOR ANY ENCUMBRANCES RESPONSIBLE FOR ANY ENCUMBRANCES RESPONSIBLE FOR ANY ENCUMBRANCES FOR ANY ENCUMBRANCES FOR ANY ENCUMBRANCES ANY ENCUMBRANCES ANY ENCUMBRANCES ENCUMBRANCES ENCUMBRANCES THAT A TITLE COMMITMENT MAY DISCLOSE. 2) BASIS OF BEARINGS ARE TO THE NORTH AMERICAN DATUM OF 1983, TEXAS COORDINATE SYSTEM, BASIS OF BEARINGS ARE TO THE NORTH AMERICAN DATUM OF 1983, TEXAS COORDINATE SYSTEM, BASIS OF BEARINGS ARE TO THE NORTH AMERICAN DATUM OF 1983, TEXAS COORDINATE SYSTEM, OF BEARINGS ARE TO THE NORTH AMERICAN DATUM OF 1983, TEXAS COORDINATE SYSTEM, OF BEARINGS ARE TO THE NORTH AMERICAN DATUM OF 1983, TEXAS COORDINATE SYSTEM, BEARINGS ARE TO THE NORTH AMERICAN DATUM OF 1983, TEXAS COORDINATE SYSTEM, BEARINGS ARE TO THE NORTH AMERICAN DATUM OF 1983, TEXAS COORDINATE SYSTEM, ARE TO THE NORTH AMERICAN DATUM OF 1983, TEXAS COORDINATE SYSTEM, ARE TO THE NORTH AMERICAN DATUM OF 1983, TEXAS COORDINATE SYSTEM, TO THE NORTH AMERICAN DATUM OF 1983, TEXAS COORDINATE SYSTEM, TO THE NORTH AMERICAN DATUM OF 1983, TEXAS COORDINATE SYSTEM, THE NORTH AMERICAN DATUM OF 1983, TEXAS COORDINATE SYSTEM, THE NORTH AMERICAN DATUM OF 1983, TEXAS COORDINATE SYSTEM, NORTH AMERICAN DATUM OF 1983, TEXAS COORDINATE SYSTEM, NORTH AMERICAN DATUM OF 1983, TEXAS COORDINATE SYSTEM, AMERICAN DATUM OF 1983, TEXAS COORDINATE SYSTEM, AMERICAN DATUM OF 1983, TEXAS COORDINATE SYSTEM, DATUM OF 1983, TEXAS COORDINATE SYSTEM, DATUM OF 1983, TEXAS COORDINATE SYSTEM, OF 1983, TEXAS COORDINATE SYSTEM, OF 1983, TEXAS COORDINATE SYSTEM, 1983, TEXAS COORDINATE SYSTEM, 1983, TEXAS COORDINATE SYSTEM, TEXAS COORDINATE SYSTEM, TEXAS COORDINATE SYSTEM, COORDINATE SYSTEM, COORDINATE SYSTEM, SYSTEM, SYSTEM, CENTRAL ZONE.

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I HEREBY CERTIFY EXCLUSIVELY TO THE CITY OF LAGO VISTA, THAT THIS SURVEY WAS HEREBY CERTIFY EXCLUSIVELY TO THE CITY OF LAGO VISTA, THAT THIS SURVEY WAS HEREBY CERTIFY EXCLUSIVELY TO THE CITY OF LAGO VISTA, THAT THIS SURVEY WAS CERTIFY EXCLUSIVELY TO THE CITY OF LAGO VISTA, THAT THIS SURVEY WAS CERTIFY EXCLUSIVELY TO THE CITY OF LAGO VISTA, THAT THIS SURVEY WAS EXCLUSIVELY TO THE CITY OF LAGO VISTA, THAT THIS SURVEY WAS EXCLUSIVELY TO THE CITY OF LAGO VISTA, THAT THIS SURVEY WAS TO THE CITY OF LAGO VISTA, THAT THIS SURVEY WAS TO THE CITY OF LAGO VISTA, THAT THIS SURVEY WAS THE CITY OF LAGO VISTA, THAT THIS SURVEY WAS THE CITY OF LAGO VISTA, THAT THIS SURVEY WAS CITY OF LAGO VISTA, THAT THIS SURVEY WAS CITY OF LAGO VISTA, THAT THIS SURVEY WAS OF LAGO VISTA, THAT THIS SURVEY WAS OF LAGO VISTA, THAT THIS SURVEY WAS LAGO VISTA, THAT THIS SURVEY WAS LAGO VISTA, THAT THIS SURVEY WAS VISTA, THAT THIS SURVEY WAS VISTA, THAT THIS SURVEY WAS THAT THIS SURVEY WAS THAT THIS SURVEY WAS THIS SURVEY WAS THIS SURVEY WAS SURVEY WAS SURVEY WAS WAS WAS PERFORMED ON THE GROUND AND WAS SURVEYED BY ME OR UNDER MY DIRECT ON THE GROUND AND WAS SURVEYED BY ME OR UNDER MY DIRECT ON THE GROUND AND WAS SURVEYED BY ME OR UNDER MY DIRECT THE GROUND AND WAS SURVEYED BY ME OR UNDER MY DIRECT THE GROUND AND WAS SURVEYED BY ME OR UNDER MY DIRECT GROUND AND WAS SURVEYED BY ME OR UNDER MY DIRECT GROUND AND WAS SURVEYED BY ME OR UNDER MY DIRECT AND WAS SURVEYED BY ME OR UNDER MY DIRECT AND WAS SURVEYED BY ME OR UNDER MY DIRECT WAS SURVEYED BY ME OR UNDER MY DIRECT WAS SURVEYED BY ME OR UNDER MY DIRECT SURVEYED BY ME OR UNDER MY DIRECT SURVEYED BY ME OR UNDER MY DIRECT BY ME OR UNDER MY DIRECT BY ME OR UNDER MY DIRECT ME OR UNDER MY DIRECT ME OR UNDER MY DIRECT OR UNDER MY DIRECT OR UNDER MY DIRECT UNDER MY DIRECT UNDER MY DIRECT MY DIRECT MY DIRECT DIRECT DIRECT SUPERVISION. CUPLIN & ASSOCIATES, INC. ACCEPTS NO RESPONSIBILITY FOR THE USE OF CUPLIN & ASSOCIATES, INC. ACCEPTS NO RESPONSIBILITY FOR THE USE OF CUPLIN & ASSOCIATES, INC. ACCEPTS NO RESPONSIBILITY FOR THE USE OF CUPLIN & ASSOCIATES, INC. ACCEPTS NO RESPONSIBILITY FOR THE USE OF & ASSOCIATES, INC. ACCEPTS NO RESPONSIBILITY FOR THE USE OF & ASSOCIATES, INC. ACCEPTS NO RESPONSIBILITY FOR THE USE OF ASSOCIATES, INC. ACCEPTS NO RESPONSIBILITY FOR THE USE OF ASSOCIATES, INC. ACCEPTS NO RESPONSIBILITY FOR THE USE OF INC. ACCEPTS NO RESPONSIBILITY FOR THE USE OF INC. ACCEPTS NO RESPONSIBILITY FOR THE USE OF ACCEPTS NO RESPONSIBILITY FOR THE USE OF ACCEPTS NO RESPONSIBILITY FOR THE USE OF NO RESPONSIBILITY FOR THE USE OF NO RESPONSIBILITY FOR THE USE OF RESPONSIBILITY FOR THE USE OF RESPONSIBILITY FOR THE USE OF FOR THE USE OF FOR THE USE OF THE USE OF THE USE OF USE OF USE OF OF OF THIS SURVEY BY ANYONE OTHER THAN THE ABOVE REFERENCED PARTIES HEREBY CERTIFIED SURVEY BY ANYONE OTHER THAN THE ABOVE REFERENCED PARTIES HEREBY CERTIFIED SURVEY BY ANYONE OTHER THAN THE ABOVE REFERENCED PARTIES HEREBY CERTIFIED BY ANYONE OTHER THAN THE ABOVE REFERENCED PARTIES HEREBY CERTIFIED BY ANYONE OTHER THAN THE ABOVE REFERENCED PARTIES HEREBY CERTIFIED ANYONE OTHER THAN THE ABOVE REFERENCED PARTIES HEREBY CERTIFIED ANYONE OTHER THAN THE ABOVE REFERENCED PARTIES HEREBY CERTIFIED OTHER THAN THE ABOVE REFERENCED PARTIES HEREBY CERTIFIED OTHER THAN THE ABOVE REFERENCED PARTIES HEREBY CERTIFIED THAN THE ABOVE REFERENCED PARTIES HEREBY CERTIFIED THAN THE ABOVE REFERENCED PARTIES HEREBY CERTIFIED THE ABOVE REFERENCED PARTIES HEREBY CERTIFIED THE ABOVE REFERENCED PARTIES HEREBY CERTIFIED ABOVE REFERENCED PARTIES HEREBY CERTIFIED ABOVE REFERENCED PARTIES HEREBY CERTIFIED REFERENCED PARTIES HEREBY CERTIFIED REFERENCED PARTIES HEREBY CERTIFIED PARTIES HEREBY CERTIFIED PARTIES HEREBY CERTIFIED HEREBY CERTIFIED HEREBY CERTIFIED CERTIFIED CERTIFIED TO FOR THIS SPECIFIC TRANSACTION ONLY. COPYRIGHT 2020, CUPLIN & ASSOCIATES, INC. ©. . DATED___________________ K.C. LUST, R.P.L.S. NO. 5273

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07/27/2020

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1/2" IRON PIN FOUND

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CALC POINT

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( ) RECORD INFO/SUBJECT

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(UNLESS NOTED)

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.../... VOLUME/PAGE

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D.R.T.C. DEED RECORDS TRAVIS CO.

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O.P.R.T.C. OFFICIAL PUBLIC RECORDS

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OF TRAVIS COUNTY

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P.R.T.C. PLAT RECORDS TRAVIS CO.

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SET 1/2" IRON PIN

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K.C. LUST

Prepared For: City of Lago Vista – New Road

Project No. 20735 Date: 07/27/2020

TRACT 3: BEING A 0.131 ACRE TRACT OF LAND, MORE OR LESS, OUT OF LOTS 30M-B AND 31M-B, RESUBDIVISION OF LOT 30M AND 31M, LAGO VISTA TRAVIS PLAZA, AS DESCRIBED TO MOHSEN ANAMI IN DOCUMENT NO. 201900146 OF THE OFFICIAL PUBLIC RECORDS OF TRAVIS COUNTY, TEXAS, AND OUT OF TRACT PLZ.1 DESCRIBED IN DOCUMENT TO MOHSEN ANAMI IN DOCUMENT NO. 2009040371 OF THE OFFICIAL PUBLIC RECORDS OF TRAVIS COUNTY, TEXAS, SAID 0.131 ACRE TRACT OF LAND BEING MORE FULLY DESCRIBED BY METES AND BOUNDS AS FOLLOWS: BEGINNING at a 1/2” iron pin with cap “CUPLIN” set at a point in the right of way line of Bonanza, (a public roadway/right-of-way), as shown on the Lago Vista Travis Plaza plat recorded in Volume 39, Page 50, of the Plat Records of Travis County, Texas, also being known as Bonanza Street on said resubdivision, and along the southerly line of said Lot 30M-B, and being a point on a curve of a cul-de-sac having a 50’ radius, at the northwest corner hereof, from whence, a 1/2" iron pin found along the north right-of-way of said Bonanza Street and the south line of said Lot 30M-A, bears North 62°28’16” West, a distance of 49.58’; THENCE South 62°28'16" East, over and across said Lot 30M-B, and Tract PLZ.1, a distance of 119.03’ to a 1/2" iron pin with cap “CUPLIN” set at a point in the east line of Tract PLZ.1, and the northeast corner hereof; THENCE South 27°58'31" West along the east line of said Tract PLZ.1, a distance of 50.00’ to a 1/2" iron pin with cap “CUPLIN” set at a point in the east line of Tract PLZ.1, at the southeast corner hereof; THENCE North 62°28’16” West, over and across said Tract PLZ.1, and Lot 31M-B, a distance of 118.35’ to a 1/2" iron pin with cap “CUPLIN” set along said cul-de-sac with a 50’ radius of Bonanza Street, and the northerly line of said Lot 31M-B, and hereof, THENCE along said cul-de-sac of said Bonanza Street, and along the westerly line of said Lot 30M-B and said Lot 31M-B, and along said curve to the left with a radius of 50.00’, a delta angle of 60°00’04”, an arc length of 52.36’ and a chord length of 50.00’ bearing North 27°11’50” East, to the POINT OF BEGINNING, and containing 0.131 acres more or less. I HEREBY CERTIFY EXCLUSIVELY TO THE CITY OF LAGO VISTA, THAT THIS SURVEY WAS PERFORMED ON THE GROUND AND WAS SURVEYED BY ME OR UNDER MY DIRECT SUPERVISION SUPERVISION. CUPLIN & ASSOCIATES, INC. ACCEPTS NO RESPONSIBILITY FOR THE USE OF THIS SURVEY BY ANYONE OTHER THAN THE ABOVE REFERENCED PARTIES HEREBY CERTIFIED TO FOR THIS SPECIFIC TRANSACTION ONLY. COPYRIGHT 2020, CUPLIN & ASSOCIATES, INC. ©. BASIS OF BEARINGS ARE TO THE NORTH AMERICAN DATUM OF 1983, TEXAS COORDINATE SYSTEM, CENTRAL ZONE. A PLAT OF SURVEY OF EVEN DATE WAS PREPARED AS IS INTENDED TO ACCOMPANY THE ABOVE DESCRIBED TRACT OF LAND. ___________________________________________Dated: 07/27/2020___ K.C. LUST Registered Professional Land Surveyor No. 5273

103

Prepared For: City of Lago Vista

Project No. 20735 Date: 07/27/2020

TRACT 1: BEING A 0.035 OF AN ACRE TRACT OF LAND, MORE OR LESS, OUT OF BONANZA (A PUBLIC ROADWAY/RIGHT-OF-WAY), AS SHOWN ON THE LAGO VISTA TRAVIS PLAZA PLAT RECORDED IN VOLUME 39, PAGE 50 OF THE PLAT RECORDS OF TRAVIS COUNTY, TEXAS, ALSO BEING KNOWN AS BONANZA STREET, AS SHOWN ON RESUBDIVISION OF LOT 30M AND LOT 31M LAGO VISTA PLAZA, PLAT RECORDED IN DOCUMENT NO. 201900146, OF THE OFFICIAL PUBLIC RECORDS OF TRAVIS COUNTY TEXAS, SAID 0.034 OF AN ACRE TRACT OF LAND BEING MORE FULLY DESCRIBED BY METES AND BOUNDS AS FOLLOWS: BEGINNING at a 1/2” iron pin found along the northerly right-of-way line of said Bonanza Street, and along the southerly line of Lot 30M-A of said Resubdivision, and being the point of beginning of a curve to the right of a cul-de-sac having 50’ radius, at the west corner hereof, from whence a 1/2” iron pin found at the southwest corner of said Lot 30M-A bears North 62°28’16” West, a distance of 49.58’; THENCE along said curve to the right in the northerly right-of-way of Bonanza Street, the southerly line of said Lot 30M-A and Lot 30M-B of said Resubdivision, and being the northerly line hereof , with a radius of 50.00’, a delta angle of 119°20’06”, an arc length of 104.14’ and a chord length of 86.31’, bearing South 62°28’16” East, to a 1/2" iron pin with cap “CUPLIN” set, along the cul-de-sac of said Bonanza Street, and along the southerly line of said Lot 30M-B, and being the east corner hereof; THENCE North 62°28'16" West, over and across said Bonanza Street, and the southerly line hereof, a distance of 86.31’ to the POINT OF BEGINNING, containing 0.035 of an acre, more or less. I HEREBY CERTIFY EXCLUSIVELY TO THE CITY OF LAGO VISTA, THAT THIS SURVEY WAS PERFORMED ON THE GROUND AND WAS SURVEYED BY ME OR UNDER MY DIRECT SUPERVISION SUPERVISION. CUPLIN & ASSOCIATES, INC. ACCEPTS NO RESPONSIBILITY FOR THE USE OF THIS SURVEY BY ANYONE OTHER THAN THE ABOVE REFERENCED PARTIES HEREBY CERTIFIED TO FOR THIS SPECIFIC TRANSACTION ONLY. COPYRIGHT 2020, CUPLIN & ASSOCIATES, INC. ©. BASIS OF BEARINGS ARE TO THE NORTH AMERICAN DATUM OF 1983, TEXAS COORDINATE SYSTEM, CENTRAL ZONE. A PLAT OF SURVEY OF EVEN DATE WAS PREPARED AS IS INTENDED TO ACCOMPANY THE ABOVE DESCRIBED TRACT OF LAND. ___________________________________________Dated: 07/27/2020___ K.C. LUST Registered Professional Land Surveyor No. 5273

104

Prepared For: City of Lago Vista – South Road

Project No. 20735 Date: 07/27/2020

TRACT 2: BEING A 0.036 OF AN ACRE TRACT OF LAND, MORE OR LESS, OUT OF BONANZA (A PUBLIC ROADWAY/RIGHT-OF-WAY), AS SHOWN ON THE LAGO VISTA TRAVIS PLAZA PLAT RECORDED IN VOLUME 39, PAGE 50 OF THE PLAT RECORDS OF TRAVIS COUNTY, TEXAS, ALSO BEING KNOWN AS BONANZA STREET, AS SHOWN ON RESUBDIVISION OF LOT 30M AND LOT 31M LAGO VISTA PLAZA, PLAT RECORDED IN DOCUMENT NO. 201900146 OF THE OFFICIAL PUBLIC RECORDS OF TRAVIS COUNTY TEXAS, SAID 0.036 OF AN ACRE TRACT OF LAND BEING MORE FULLY DESCRIBED BY METES AND BOUNDS AS FOLLOWS: BEGINNING at a 1/2” iron pin with cap “CUPLIN set along the southerly right-of-way line of said Bonanza Street, and along the northerly line of Lot 31M-B of said Resubdivision, and being the point on a curve of a cul-de-sac having 50’ radius, at the easterly corner hereof, THENCE along said curve to the right in the southerly right-of-way of Bonanza Street, the northerly line of said Lot 31M-A and Lot 30M-B of said Resubdivision, and being the southerly line hereof , with a radius of 50.00’, a delta angle of 120°39’46”, an arc length of 105.30’ and a chord length of 86.89’, bearing North 62°28’16” West, to a calculated point for corner, along the cul-de-sac of said Bonanza Street, and along the southerly line of said Lot 30M-B, and being the west corner hereof; from whence a 1/2" iron pin found bears South 28°17’15 West, a distance of 0.86’; THENCE South 62°28’16 East, over and across said bonanza street, and the northerly line hereof, a distance of 86.89’ to the POINT OF BEGINNING, containing 0.036 of an acre, more or less. I HEREBY CERTIFY EXCLUSIVELY TO THE CITY OF LAGO VISTA, THAT THIS SURVEY WAS PERFORMED ON THE GROUND AND WAS SURVEYED BY ME OR UNDER MY DIRECT SUPERVISION SUPERVISION. CUPLIN & ASSOCIATES, INC. ACCEPTS NO RESPONSIBILITY FOR THE USE OF THIS SURVEY BY ANYONE OTHER THAN THE ABOVE REFERENCED PARTIES HEREBY CERTIFIED TO FOR THIS SPECIFIC TRANSACTION ONLY. COPYRIGHT 2020, CUPLIN & ASSOCIATES, INC. ©. BASIS OF BEARINGS ARE TO THE NORTH AMERICAN DATUM OF 1983, TEXAS COORDINATE SYSTEM, CENTRAL ZONE. A PLAT OF SURVEY OF EVEN DATE WAS PREPARED AS IS INTENDED TO ACCOMPANY THE ABOVE DESCRIBED TRACT OF LAND. ___________________________________________Dated: 07/27/2020___ K.C. LUST Registered Professional Land Surveyor No. 5273

105

Purchase Agreement

City of Lago Vista from Mohsen Anami Page 1 of 12

PURCHASE AGREEMENT

THE STATE OF TEXAS §

§

COUNTY OF TRAVIS §

This agreement (hereinafter, “Agreement”) is entered into by and between the City of Lago

Vista, a Home Rule City of the State of Texas, (hereinafter, “City”) and Mohsen Anami

(hereinafter, “Owner”), collectively referred to herein as the “Parties”. The Parties hereby

mutually agree as follows:

I.

SALE AND PURCHASE OF PROPERTY

1.01 In view of the mutual covenants herein expressed and contained, the Owner hereby agrees

to grant, bargain, sell and convey for the consideration and upon the terms herein stated to the City,

and the City does hereby agree to purchase, for the consideration and upon the terms herein stated:

all of Owner’s right, title and interest in and to: (A) the property situated in the City of Lago Vista,

Travis County, Texas which is depicted at Tract 3 on Exhibit “A” and further described in Exhibit

“B” (hereinafter, “Property”) and which is attached hereto and incorporated herein for any and all

purposes; and (B) all appurtenances (“Appurtenances”), including all the rights, ways, waters,

privileges and alleys serving the Property or in anywise appertaining; all right, title and interest of

Owner in any land lying in the bed of any street, alley, road, avenue, creek, river or stream, existing

or proposed, in front of or adjoining the Property; and any letters of credit, permits, water or

wastewater living unit equivalent allocations, contracts, utility taps or connections, and other

development rights and benefits associated with the Property.

II.

CONSIDERATION

2.01 Total Price. Fifteen Thousand Dollars and NO/100 ($15,000.00) (hereinafter, “Purchase

Price”) to be paid by the City for fee simple title to the Property.

2.02 Other Consideration.

a. Subject to Council approval, City will close and abandon the excess portions of the existing

platted cul-de-sac that extends beyond the new right-of-way denoted as Tract 1 and Tract

2 on Exhibit “A” as further described in Exhibits “C-1” and “C-2”; and

b. City will pay all costs for surveying and platting work to be conducted to complete the

transaction, including but not limited to the replatting of all remaining lots owned by Owner

as depicted in Exhibit “A”; and

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c. Within twelve months of the Effective Date of this Agreement, the City will construct an

extension of Bonanza Street in front of all the remaining lots owned by Owner as reflected

in Exhibit “A”; and

d. At the time City constructs the extension of Bonanza Street, City will also construct or

have constructed a hammerhead turn around on the property to be owned by the City to

accommodate the ability for vehicles to turn around without the use of private property;

and

e. City will bear the responsibility and cost for all required applications and recording fees

associated with the plat approval.

III.

SURVEY AND PLATTING

3.01 Survey. The City shall obtain a new survey (or an update of any existing survey, if

applicable) (the “Survey”) at City’s cost. The Survey shall (i) be an accurate Category 1A Land

Title Survey of the Property by a surveyor registered under the laws of Texas and such Survey

shall be prepared in accordance with the Manual of Practice for Land Surveying in Texas and shall

show the number of acres contained in the Property to the nearest one thousandth (1/1000th) of an

acre; contain a legally sufficient description of the metes and bounds of the Property; (iii) be dated

no more than 360 business days prior to the Closing Date; and certified to the Owner, the City and

the Title Company. The parties agree to use the metes and bounds of the Property contained in the

Survey, if different from that appended to this Agreement as Exhibit “A”, for purposes of

describing the Property in the warranty deed conveying title to the City from the Owner.

Notwithstanding the foregoing, if the Survey metes and bounds legal description is different from

the Property legal description appended to this Agreement as Exhibit “A”, at Owner’s election the

warranty deed legal description will be the Survey metes and bounds legal description “being the

same real property as” the Property legal description appended to this Agreement as Exhibit “A”.

3.02 Platting. The City agrees to pay for any costs associated with replatting of the Owner’s lots

subject to this Agreement. Owner shall provide documentation to, and coordinate with City’s

surveyor to facilitate replatting of Owner’s lots in conformance with applicable provisions of the

City of Lago Vista Code of Ordinances in effect at the time of replatting.

IV.

TITLE MATTERS

4.01 Title Commitment. Within ten (10) business days after the Effective Date hereof, City shall

obtain from the Title Company and deliver to Owner a Commitment for Owner’s Policy of Title

Insurance (hereinafter, “Commitment”) in City’s favor in the amount of the Purchase Price for the

Property and reflecting the ownership of and encumbrances upon the Property, together with

copies of all items reflected thereon and a Survey. The Title Company shall be:

Chelsea Higdon

Independence Title

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Purchase Agreement


Tower of the Hills

13809 N. Hwy. 183, Suite 125

Austin, TX 78750

[email protected]

(512) 249-9320

4.02 Review of Title Commitment and Survey. If either the Commitment or the Survey reveals

defects in title or other conditions not permitted hereunder which City finds unacceptable, in the

City’s sole discretion, the City shall give notice to Owner of such unacceptable conditions within

ten (10) days after receipt by City of both the Commitment and Survey. Any liens or security

interests securing indebtedness, or title defects described on Schedule “C” of the Commitment,

shall be deemed unacceptable regardless of City’s failure to object to all such matters as aforesaid.

Although Owner is not required to incur any cost or expense to remove unacceptable conditions,

Owner agrees to make reasonable effort to remove same. However, if Owner fails to remove all

such unacceptable conditions within ten (10) days after the date City delivers such notice (the

“Cure Period”), City may, at City’s sole election, either (i) cancel this Agreement, (ii) extend up

to thirty (30) additional days the time allowed for Owner to remove such unacceptable objections,

or (iii) accept such title as Owner can deliver. All matters permitted or approved or accepted by

City hereunder shall be “Permitted Exceptions.” The Commitment shall be updated to the time of

closing and shall reveal no other exceptions to title than appeared in the Commitment previously

approved by City.

4.03 Title Policy. At the Closing, or as soon thereafter as the Title Company can issue the same,

Owner shall cause a standard T-1 form Owner Policy of Title Insurance to be furnished to the City

by the Title Company. The Title Policy shall be issued by the Title Company and shall insure the

City has good and indefeasible fee simple title to the Property, subject only to the Permitted

Exceptions pursuant to Section 4.02.

V.

REPRESENTATIONS, WARRANTIES, COVENANTS, AND AGREEMENTS OF

OWNER

5.01 Representations and Warranties of Owner. To the best of Owner’s actual knowledge, but

without any investigations, research, or inspections whatsoever, Owner represents and warrants to

City as of the Effective Date and as of the Closing Date as follows:

a. Owner has the full right, power, and authority to sell and convey to City the Property as

provided in this Agreement and to carry out Owner’s obligations hereunder, and all

requisite action necessary to authorize Owner to enter into this Agreement and to carry out

Owner’s obligations hereunder has been, or on the Closing Date will have been, taken, and

this Agreement constitutes a valid and binding obligation of the Owner, enforceable in

accordance with its terms;

b. On the Effective Date, and as of the date of Closing, there are no adverse or other parties

in possession of the Property or who have any leasehold rights in the Property;

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c. Owner has removed all of Owner’s inventory, goods, supplies and furniture and all

underground storage tanks from the Property;

d. There is no litigation pending or, to Owner’s current actual knowledge, threatened,

affecting the Property; and Owner has no knowledge of, and has received no written notice

from, any governmental authority requiring any work, repairs, construction, alterations or

installations on or in connection with the Property, or asserting any violation of any federal,

state or municipal laws, ordinances, codes, orders, regulations or requirements affecting

any portion of the Property, including, without limitation, the Americans with Disabilities

Act and any applicable environmental laws or regulations;

e. Owner has not received written notice of any pending condemnation action with respect to

all or any portion of the Property and there are no existing condemnation or other legal

proceedings affecting the existing use of the Property by any governmental authority

having jurisdiction over or affecting all or any part of the Property;

f. At Closing, Owner shall have good and indefeasible title to the Property free and clear of

any claim, lien, or encumbrance, specifically including any claims for mechanics liens,

subject only to the Permitted Exceptions;

g. Owner has no notice that the current use of the Property does not comply with all currently

applicable zoning ordinances and governmental requirements. Owner has not received any

written notice of suspension or cancellation of any certificates of occupancy;

h. At the Closing, there will be no unpaid bills or claims in connection with any repair of the

Improvements or other work performed or material purchased in connection with the

Improvements;

i. No one will have the right to occupy the Property after the Closing Date and no contracts

of any kind, including contracts for maintenance, security, disposal, or fire suppression will

survive the Closing;

j. To the best of Owner’s knowledge the Property is not in violation of any applicable law,

now, nor has it at any time during Owner’s ownership thereof been, used for the

manufacture, processing, distribution, use, treatment, storage, disposal, placement,

transport or handling of toxic materials, hazardous wastes or hazardous substances (as

those terms are defined in the Resource Conservation and Recovery Act of 1976, as

amended (42 U.S.C. Section 6901 et seq.) or the Comprehensive Environmental Response

Compensation and Liability Act of 1980, as amended (42 U.S.C. Section 9601 et seq.);

oils, petroleum-derived compounds; or pesticides (the Hazardous Materials). In addition,

no (i) underground storage tanks, (ii) asbestos (either commercially processed or excavated

raw materials), (iii) electrical transformers, fluorescent light fixtures with ballast, or other

items or equipment containing polychlorinated biphenyls, or (iv) other Hazardous

Materials are present on the Property in violation of any applicable law. Owner has not

received any written notice from any neighboring property owners indicating they have

any concerns about existing environmental conditions which could affect the Property or

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indicating in any way they might hold Owner liable for any contribution to clean up and

remediate such condition; and

k. No party (other than City) has any right or option to acquire all or any part of the Property,

whether subject to earnest money contract, option agreement, right of first refusal,

reversionary or future interests, or right of reverter.

5.02 Agreements of Owner. Owner covenants and agrees with City as follows:

a. Ownership Documents. Within five (5) Business Days following the Effective Date,

Owner shall deliver to City the following items (the “Ownership Documents”) with

respect to the Property, to the extent in the actual possession of Owner:

i. Any “as-built” plans and specifications for the Improvements and a copy of the

results of all physical inspections, all structural, mechanical, engineering or soil

reports, if any, prepared with respect to the Property;

ii. A copy of current real estate and personal property tax bills or other documentation

showing the amount of current real property taxes and the assessed value of the

Property; and

iii. A copy of all environmental reports, inspections or assessments, if any, of the

Property.

b. If the parties fail to consummate the transaction described herein for any reason other than

the Owner’s default, City agrees to return to Owner all materials delivered by or on behalf

of Owner pursuant to or in connection with this Agreement within ten (10) Business Days

of such event.

5.03 Owner’s Indemnity. Intentionally deleted.

5.04 Survival Beyond Closing. The representations, warranties, undertakings and agreements of

Owner contained in this Agreement will not survive the Closing or the termination of this

Agreement.

VI.

REPRESENTATIONS, WARRANTIES OF CITY

6.01 City’s Representations. The City hereby represents and warrants to Owner as of the date of

this Agreement and as of the Closing Date as follows:

Once this Agreement is approved by City Council and signed by the City Manager, the City has

the full right, power, and authority to purchase the Property from Owner as provided in this

Agreement.

6.02 Survival Beyond Closing. The representations, warranties, undertakings and agreements of

City contained herein survive the Closing and are not merged therein.

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VII.

CLOSING

7.01 Ownership and Special Warranty Deed. Provided that this Agreement has not been

terminated as provided herein and all other conditions of this Agreement shall have been satisfied

prior to or at the Closing Date, Owner agrees to convey to the City fee simple title to the Property

and all Appurtenances thereto for the consideration stated subject to the aforementioned exception.

After approval of title by the City, Owner agrees to deliver to the City’s closing Agent a Special

Warranty Deed, in the form attached as Exhibit “D”, properly executed, conveying fee simple title

to the Property, and an assignment of all appurtenances in a form acceptable to City. The Special

Warranty Deed shall except only to matters affecting the Property which are approved by City in

accordance with Section 4.02, above. The City warrant or wire transfer in payment of the

consideration for the Property shall be delivered to the City’s Closing Agent and same shall be

payable jointly to the Owner and said City’s Closing Agent. Closing will take place on a mutually

agreed date or dates not later than sixty (60) days after the Effective Date (the “Closing Date”).

7.02 Items to be Delivered at Closing.

a. Owner. At the Closing, Owner shall deliver or cause to be delivered to City or the Title

Company, the following items fully executed by Owner or City, as the case may be, and

acknowledged where so indicated by all necessary parties in respect to the Property:

i. The Title Policy, in the form specified in Section 4.03 hereof;

ii. A Special Warranty Deed (the “Deed”), duly executed and acknowledged by Owner,

conveying title to the Property and Appurtenances, in substantially the form of

Exhibit “D” appended hereto, subject only to the Permitted Exceptions;

iii. Except for previously provided Ownership Documents, any environmental reports,

test results and disposal documentation with regard to the demolition and removal of

asbestos from the site, if any; and

iv. Any other items reasonably requested by the Title Company as administrative

requirements for consummating the Closing.

b. City. At the Closing, City shall deliver or cause to be delivered to Owner or the Title

Company, the following items:

i. The Purchase Price, payable by wire transfer;

ii. Appropriate evidence of authorization reasonably satisfactory to Owner and the Title

Company for the consummation of the transaction contemplated by this Agreement;

and

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iii. Any other items reasonably requested by the Title Company as administrative

requirements for consummating the Closing.

7.03 Prorations. The following items shall be adjusted or prorated between Owner and City as

set forth below:

a. Taxes. General real estate taxes for the then current year relating to the Property shall be

prorated as of midnight preceding the Closing Date. If the Closing occurs before the tax

rate is fixed for the then current year, the apportionment of taxes shall be made upon the

basis of the tax rate for the immediately preceding year applied to the latest assessed

valuation of the Land and Improvements. Within 30 days after the actual taxes for the year

in which the Closing occurs are determined, Owner and City shall adjust the proration of

such taxes and City and Owner, as the case may be, shall pay to the other any amount

required as a result of such adjustment and this covenant shall not merge with the Deed

delivered hereunder but shall survive the Closing. All special taxes or assessments assessed

prior to the Closing Date shall be paid by Owner.

7.04 Recalculation of Prorations. In the event the Closing does not occur and fund as of 12:00

noon, local time, on the Closing Date, all prorations shall extend to the midnight of the following

day.

7.05 Costs of Closing. Each party is responsible for paying the legal fees of its counsel in

negotiating, preparing, and closing the transaction contemplated by this Agreement. In addition,

the following costs shall be paid by the parties:

a. City. City will pay for the premium for all endorsements to the Title Policy it elects, the

costs of preparing the survey, the costs for platting and replatting, and its own inspection

and engineering expenses and any and all costs associated with this transaction save and

except any legal fees incurred by the Owner as set forth in paragraph (e) below.

b. Recording Costs. The City, without cost to Owner, will pay the cost of recording all

instruments conveying title to the City.

c. Escrow Fees. The City, without cost to Owner, will pay any Title Company escrow fees.

d. Legal Fees and Other Identified Expenses. Each party is responsible for paying the legal

fees of its counsel in negotiating, preparing and closing the transaction contemplated by

this Agreement. In addition, any other expenses that are incurred by either party that are

expressly identified herein as the responsibility of a particular party shall be paid by that

party.

g. Liens and encumbrances against the Property. Owner agrees to pay and obtain release of

all liens, and mortgages recorded against the Property, if any, at or prior to Closing. Owner

agrees to pay all outstanding property taxes owing on the Property at or prior to Closing.

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7.06 Possession. Prior to the Closing Date, title and possession of the Property to be conveyed to

the City shall remain with the Owner, who shall bear all risk of loss to any and all such Property.

In the event the condition of the Property should materially change, for any reason, prior to the

Closing Date, the City shall have the right to declare this Agreement null and void. Owner shall

deliver to City possession of the Property in its present or required condition upon the Closing

Date.

7.07 Incidental Expenses. After the date of payment of the purchase price, Owner will be

reimbursed for any fair and reasonable expenses necessarily incurred in transferring title to the

property to the City for its use. Expenses eligible for reimbursement may include recording fees,

transfer taxes, and similar expenses incidental to conveying the real property to the City.

Voluntary unnecessary expenses or expenses voluntarily incurred by Owner in clearing

questionable title will not be eligible for reimbursement. Eligible incidental expenses will be

reimbursed upon submission of a claim supported by receipted bills or other evidence of actual

expenses incurred. Owner may file a written request for review if it is believed that the City failed

to properly determine the eligibility for or the amount of incidental expenses to be reimbursed.

7.08 Provisions of Article VII to Survive Closing. The provisions of Sections 7.03, 7.04, 7.05

and 7.07 will survive the Closing.

ARTICLE VIII

DEFAULTS AND REMEDIES

8.01 Default of City. If the City has not terminated this Agreement pursuant to any of the

provisions hereof authorizing such termination, and City defaults hereunder and fails to perform

any of the covenants and/or agreements contained herein which are to be performed by City,

Owner’s sole and exclusive remedy is to bring an action against the City for specific performance

of the City’s obligations under this Agreement and have City pay Owner’s attorney’s fees and

costs if specific performance is granted.

8.02 Default of Owner. If Owner fails or refuses to consummate the sale of the Property to City

pursuant to this Agreement at the Closing, or Owner fails to perform any of its other obligations

hereunder for any reason other than City’s failure to perform City’s obligations under this

Agreement, then City may, as City's sole and exclusive right and remedy for any such default,

either (i) bring an action against the Owner for specific performance of the Owner’s obligations

under this Agreement and have Owner pay City’s attorney’s fees and costs if specific performance

is granted, or (ii) terminate this Agreement by giving written notice thereof to Owner and the Title

Company and thereafter neither party hereto shall have any further rights or obligations hereunder.

8.03 Effect of Termination. Upon termination of this Agreement under this Section 8 or pursuant

to any other provision of this Agreement, no party thereafter shall have any further obligations to

the other hereunder except for the payment of any sums or damages upon termination as provided

herein and except for any covenants and obligations which expressly survive such termination.

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IX.

MISCELLANEOUS

9.01 Entire Agreement, Assignment, Amendment. This Agreement contains the entire

agreement of the parties. This Agreement can be amended or assigned only by formal written

agreement signed by the City and Owner.

9.02 Counterparts. This Agreement may be executed simultaneously in two (2) or more

counterparts, each of which shall be deemed an original, but all of which shall constitute one and

the same instrument.

9.03 Binding Agreement. This Agreement is binding upon the heirs, executors,

administrators, personal representatives, successors and assigns of the City and Owner.

9.04 Effective Date. This Agreement is effective on the last date that both the City and Owner

have signed and executed this Agreement.

9.05 Dates. If any of the deadlines set forth herein end on a Saturday, Sunday or legal holiday,

such deadline shall automatically be extended to the next day which is not a Saturday, Sunday or

legal holiday. The term “business days” as used herein shall mean all days which are not a Saturday,

Sunday, or legal holiday.

9.06 No Liens or Encumbrances. Owner shall not take any action, nor permit any occurrence

which will create a lien or encumbrance affecting the Property after closing. Without limitation,

Owner shall not execute or deliver any easement, restriction, lien, or other encumbrance affecting

the Property prior to or after Closing.

9.07 Possession. Other than the current owner of the Property, to the best of Owner's knowledge,

there are no third parties in possession of any portion of the Property as lessees, tenants at

sufferance, or trespassers; there are no leases, licenses or other agreements relating to the use,

occupancy or possession of the Property, or any part thereof, and no third parties are entitled to,

or are claiming or entitled to claim, possession of the Property, or any part thereof.

9.08 Notice. All of the requirements and provisions herein for notice shall have been met when

such notice has been placed in writing and personally delivered, delivered by facsimile

transmission, with proof of receipt, or sent certified United States mail, postage prepaid, return

receipt requested to the respective parties hereto at the following addresses:

Owner: Mohsen Anami

4628 Vaughan Street

Austin, Texas 78723

Copy to

Jack E. Owen, Jr.

10 Dovecote Court

The Woodlands, Texas 77382

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City: City of Lago Vista

Attn: Joshua Ray, City Manager

5803 Thunderbird Drive

Lago Vista, Texas 78645

The date of receipt shall be the date of actual receipt of such notice if the notice is personally

delivered or sent by facsimile transmission (provided that any facsimile transmission not sent on

a business day, or sent after 5:00 p.m. on a business day, shall be deemed received on the next

business day), or two (2) days after the postmark date, whichever is sooner. Addresses given herein

for notice may be changed by either Owner or City by notification in writing in accordance with

the provisions of this Agreement.

9.09 Governing Law and Venue. This Agreement shall be governed by Texas law and all

causes of action in connection herewith shall be maintained in proceedings filed in Travis County,

Texas.

9.10 Prevailing Party. If either party brings suit for the breach of any covenant, condition or

agreement contained herein, the prevailing party shall be entitled to recover all reasonable

attorney’s fees and expenses in connection therewith.

9.11 Severability. In case any one or more of the provisions contained herein shall for any reason

be held to be invalid, illegal, or unenforceable in any respect, such invalidity, illegality, or

unenforceability shall not affect any other provision of this Agreement, but this Agreement shall

be construed as if such invalid, illegal, or unenforceable provision had not been contained herein.

9.12 Ambiguities. The Parties acknowledge that the rule of construction to the effect that any

ambiguities are to be resolved against the drafting party shall not be employed in the interpretation

of this Agreement.

9.13 No Third-Party Beneficiary. This Agreement is not intended, nor will it be construed, to

create any third-party beneficiary rights in any person or entity who is not a Party.

9.14 Time. Time is of the essence in the performance of this Agreement. Strict compliance with

the times for performance of this Agreement is required.

9.15 Purchase Agreement Addendum. The Purchase Agreement Addendum attached hereto as

Exhibit “E” is incorporated as part of this Agreement. In the event of any conflict between the

terms of the Purchase Agreement Addendum and any other term or provision of this Agreement,

the terms of the Purchase Agreement Addendum will be given full force and effect and the

conflicting term(s) or provision(s) of this Agreement will be disregarded.

End of Page. Signatures on Following Pages.

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Purchase Agreement


OWNER:

____________________________ Date: ______________________•

Mohsen Anami


§

COUNTY OF TRAVIS §

This instrument was acknowledged before me on this the _____ day of the month of

________________, 2020, by, Mohsen Anami, in the capacity and for the purposes and

consideration therein expressed.

___________________________________

Notary Public, State of Texas

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CITY OF LAGO VISTA

________________________________ Date: ______________________•

By: Joshua Ray, City Manager


§

COUNTY OF TRAVIS §

This instrument was acknowledged before me on this the _____ day of the month of

________________, 2020, by Joshua Ray, City Manager of the City of Lago Vista, Texas, a Texas

home-rule municipal corporation, in the capacity and for the purposes and consideration therein

expressed.

___________________________________

Notary Public, State of Texas

ATTEST

__________________________________


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Exhibit “A”

Boundary Survey Prepared by Cuplin and Associates depicting all tracts subject to Agreement

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BOUNDARY SURVEY

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L E G E N D

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BONANZA 50' R.O.W.

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(N69°30'57"W 49.77')

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(N69°29'10"W 49.54')

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TRACT 1 0.035±AC.

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TRACT 2 0.036±AC.

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TRACT 3 0.131±AC.

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P.O.B. TRACT 1

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P.O.B. TRACT 2

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P.O.B. TRACT 3

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S62°28'16"E 86.89'

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S62°28'16"E 86.31'

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S27°58'31"W 50.00'

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CURVE TABLE

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CURVE

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DELTA ANGLE

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RADIUS

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ARC LEN

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CHD LEN

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CHD BRG

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C1

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119°20'06"

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50.00'

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104.14'

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86.31'

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(C1)

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50.00'

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52.36'

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105.30'

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86.89'

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N62°28'16"W 199.98'

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(N69°33'W 200.00')

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(N20°57'49"E 205.30')

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(S20°56'01"W 240.15')

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S62°28'16"E 119.03'

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N62°28'16"W 118.35'

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SCALE 1" = 50'

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PROJ NO. 20735

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DATE

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NO.

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DESCRIPTION

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REVISIONS

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APPROVED: K.C. LUST

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SHEET

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1 OF 4 OF 44

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50

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COPYRIGHT:2020

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07/27/2020

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1/2" IRON PIN FOUND

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CALC POINT

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(UNLESS NOTED)

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.../... VOLUME/PAGE

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OF TRAVIS COUNTY

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SET 1/2" IRON PIN

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5273

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K.C. LUST

Exhibit “B”

Legal Description of Tract 3

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Prepared For: City of Lago Vista – New Road

Project No. 20735 Date: 07/27/2020

TRACT 3: BEING A 0.131 ACRE TRACT OF LAND, MORE OR LESS, OUT OF LOTS 30M-B AND 31M-B, RESUBDIVISION OF LOT 30M AND 31M, LAGO VISTA TRAVIS PLAZA, AS DESCRIBED TO MOHSEN ANAMI IN DOCUMENT NO. 201900146 OF THE OFFICIAL PUBLIC RECORDS OF TRAVIS COUNTY, TEXAS, AND OUT OF TRACT PLZ.1 DESCRIBED IN DOCUMENT TO MOHSEN ANAMI IN DOCUMENT NO. 2009040371 OF THE OFFICIAL PUBLIC RECORDS OF TRAVIS COUNTY, TEXAS, SAID 0.131 ACRE TRACT OF LAND BEING MORE FULLY DESCRIBED BY METES AND BOUNDS AS FOLLOWS: BEGINNING at a 1/2” iron pin with cap “CUPLIN” set at a point in the right of way line of Bonanza, (a public roadway/right-of-way), as shown on the Lago Vista Travis Plaza plat recorded in Volume 39, Page 50, of the Plat Records of Travis County, Texas, also being known as Bonanza Street on said resubdivision, and along the southerly line of said Lot 30M-B, and being a point on a curve of a cul-de-sac having a 50’ radius, at the northwest corner hereof, from whence, a 1/2" iron pin found along the north right-of-way of said Bonanza Street and the south line of said Lot 30M-A, bears North 62°28’16” West, a distance of 49.58’; THENCE South 62°28'16" East, over and across said Lot 30M-B, and Tract PLZ.1, a distance of 119.03’ to a 1/2" iron pin with cap “CUPLIN” set at a point in the east line of Tract PLZ.1, and the northeast corner hereof; THENCE South 27°58'31" West along the east line of said Tract PLZ.1, a distance of 50.00’ to a 1/2" iron pin with cap “CUPLIN” set at a point in the east line of Tract PLZ.1, at the southeast corner hereof; THENCE North 62°28’16” West, over and across said Tract PLZ.1, and Lot 31M-B, a distance of 118.35’ to a 1/2" iron pin with cap “CUPLIN” set along said cul-de-sac with a 50’ radius of Bonanza Street, and the northerly line of said Lot 31M-B, and hereof, THENCE along said cul-de-sac of said Bonanza Street, and along the westerly line of said Lot 30M-B and said Lot 31M-B, and along said curve to the left with a radius of 50.00’, a delta angle of 60°00’04”, an arc length of 52.36’ and a chord length of 50.00’ bearing North 27°11’50” East, to the POINT OF BEGINNING, and containing 0.131 acres more or less. I HEREBY CERTIFY EXCLUSIVELY TO THE CITY OF LAGO VISTA, THAT THIS SURVEY WAS PERFORMED ON THE GROUND AND WAS SURVEYED BY ME OR UNDER MY DIRECT SUPERVISION SUPERVISION. CUPLIN & ASSOCIATES, INC. ACCEPTS NO RESPONSIBILITY FOR THE USE OF THIS SURVEY BY ANYONE OTHER THAN THE ABOVE REFERENCED PARTIES HEREBY CERTIFIED TO FOR THIS SPECIFIC TRANSACTION ONLY. COPYRIGHT 2020, CUPLIN & ASSOCIATES, INC. ©. BASIS OF BEARINGS ARE TO THE NORTH AMERICAN DATUM OF 1983, TEXAS COORDINATE SYSTEM, CENTRAL ZONE. A PLAT OF SURVEY OF EVEN DATE WAS PREPARED AS IS INTENDED TO ACCOMPANY THE ABOVE DESCRIBED TRACT OF LAND. ___________________________________________Dated: 07/27/2020___ K.C. LUST Registered Professional Land Surveyor No. 5273

121

Exhibit “C-1”


122


Project No. 20735 Date: 07/27/2020


123

Exhibit “C-2”


124


Project No. 20735 Date: 07/27/2020


125

Exhibit “D”

Special Warranty Deed

126

NOTICE OF CONFIDENTIALITY RIGHTS: IF YOU ARE A NATURAL PERSON, YOU

MAY REMOVE OR STRIKE ANY OR ALL OF THE FOLLOWING INFORMATION

FROM THIS INSTRUMENT BEFORE IT IS FILED FOR RECORD IN THE PUBLIC

RECORDS: YOUR SOCIAL SECURITY NUMBER OR YOUR DRIVER’S LICENSE

NUMBER.

SPECIAL WARRANTY DEED


§ known all persons by these presents:

COUNTY OF TRAVIS §

Date: ______day of _______________, 2020

Grantor: Mohsen Anami

Grantor’s Mailing Address: 4628 Vaughan Street

Austin, Texas 78723

Grantee: City of Lago Vista

Grantee’s Mailing Address: 5803 Thunderbird

Lago Vista, Texas 78645

Consideration: Ten Dollars ($10.00) cash and valuable consideration to it in hand paid by Grantee

herein named, the receipt and sufficiency of which is hereby fully acknowledged and confessed.

Property (including any improvements):

BEING A 0.131 ACRE TRACT OF LAND, MORE OR LESS, OUT OF LOTS 30M-B

AND 31M-B, RESUBDIVISION OF LOT 30M AND 31M, LAGO VISTA TRAVIS

PLAZA, AS DESCRIBED TO MOHSEN ANAMI IN DOCUMENT NO. 201900146 OF

THE OFFICIAL PUBLIC RECORDS OF TRAVIS COUNTY, TEXAS, AND OUT OF

TRACT PLZ.1 DESCRIBED IN DOCUMENT TO MOHSEN ANAMI IN DOCUMENT

NO. 2009040371 OF THE OFFICIAL PUBLIC RECORDS OF TRAVIS COUNTY,

TEXAS

Said Property being more fully described on Exhibit “A” attached hereto and incorporated herein

for all purposes.

Reservations from Conveyance: None

Exceptions to Conveyance and Warranty:

127

This conveyance is subject to all easements, rights-of-way, and prescriptive rights; all presently

recorded in the County Clerk’s Office of Travis, County, Texas, and validly existing instruments,

other than liens and conveyances of the surface fee estate that affect the Property.

Grantor, for the Consideration and subject to the Reservations from Conveyance and the

Exceptions to Conveyance and Warranty, GRANTS, SELLS AND CONVEYS to Grantee the

Property, together with all and singular the rights and appurtenances thereto in any way belonging,

to have and to hold it to it to Grantee and Grantee’s heirs, successors and assigns forever. Grantor

binds Grantor and Grantor’s heirs and successors to WARRANT AND FOREVER DEFEND all

and singular the Property to Grantee and Grantee’s heirs, successors, and assigns against every

person whomsoever lawfully claiming or to claim the same or any part thereof, except as to the

Reservations from Conveyance and the Exceptions to Conveyance and Warranty.

TO HAVE AND TO HOLD the property together with all and singular the rights and

appurtenances thereto in any way belonging to Grantee, Grantee’s successors and assigns forever.

EXECUTED this _______ day of _____________, 2020

GRANTOR:

Mohsen Anami

By: _____________________________

ACKNOWLEDGEMENT

STATE OF TEXAS §

§

COUNTY OF TRAVIS §

This instrument was sworn to and acknowledged before me on this the _____ day of the month of

________________, 2020, by, Mohsen Anami, in the capacity and for the purposes and

consideration therein expressed.

Notary Public

My Commission Expires:

128

Exhibit “E”

Purchase Agreement Addendum

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PURCHASE AGREEMENT ADDENDUM

This Purchase Agreement Addendum is attached to and made part of that certain Purchase

Agreement concerning the real property situated in the City of Lago Vista, Travis County, Texas

described therein (the “Agreement”) by and between the City of Lago Vista, a Home Rule City of

the State of Texas, as buyer (“City”) and Mohsen Anami, as seller (“Owner”).

City acknowledges that Owner has afforded or will afford City the opportunity to conduct

such studies, tests, inspections, and research as City deems or has deemed necessary or appropriate

with respect to the real property City is purchasing from Owner pursuant to the Agreement,

together with all improvements located thereon and appurtenances thereto (the “Property”), and

that City is relying or will rely exclusively upon those studies, tests, inspections and research in

making City’s decision to purchase the Property. City agrees that City is purchasing the Property

in an arm’s-length agreement with Owner, that the Purchase Price was bargained on the basis of

an “AS IS, WHERE IS” transaction, and that the Purchase Price reflects the agreement of the

parties that the Property is being conveyed with all faults and defects, whether apparent or latent.

City hereby expressly acknowledges that, except for the special warranty of title set forth in the

special warranty deed conveying the Property from Owner to City, neither Owner nor Owner’s

agents or representatives have made any representation, warranty, covenant or agreement, express

or implied or arising by operation of law, including without limitation, any representation

warranty, covenant or agreement of condition, habitability, or fitness for a particular purpose, in

respect of the Property or any portion thereof. Notwithstanding any other provisions of the

Agreement, (i) no Owner representation, warranty covenant or agreement set forth in the

Agreement will survive closing, and (ii) the Property will be conveyed to the City at closing by

special warranty deed containing an “as is” provision satisfactory to Owner in Owner’s sole

discretion.

Owner specifically disclaims any representation, warranty or covenant or agreement, oral

or written, past or present, as to, or concerning: (a) the nature and condition of the Property,

including , without limitation, the water, soil, geology, or environmental condition thereof, or the

suitability of the Property for any activities or uses which the City may elect to conduct thereon or

therein, (b) the compliance of the Property with any applicable laws, rules, ordinances or

regulations of any governmental body or other body (including environmental laws and

regulations, and zoning or other use limitations), (c) the quality or condition of any improvements

on the Property, (d) the exact acreage/size/square footage of the Property, or (e) any issues that a

current survey of the Property might reveal. Except for City’s Agreement objection rights, City

agrees to accept title to the Property subject to any and all easements and unrecorded easements

that are apparent on the Property, and any and all covenants, conditions, restrictions,

encumbrances, mineral or other reservations, rights of way, and city/county ordinances that affect

the Property.

City acknowledges that City’s studies, tests, inspections and research regarding the

Property have disclosed or may disclose certain conditions and items in need of repair, alteration,

or remediation, and in consideration of the negotiation of the Purchas Price between Owner and

City, City agrees to be responsible for the repair, alteration or remediation of all conditions and

items disclosed by City’s studies, tests, inspections and research regarding the Property.

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CITY RELEASES AND DISCHARGES OWNER AND OWNER’S HEIRS,

EXECUTORS, ADMINISTRATORS, AGENTS, REPRESENTATIVES, SUCCESSORS

ANMD ASSIGNS FROM ANY AND ALL LOSSES, CLAIMS, DEMANDS AND CAUSES OF

ACTION ARISING OUT OF THE CONDITION OF THE PROPERTY AND ANY

IMPROVEMETNS THEREON, AS WELL AS ANY ORDINANCES, REGULATIONS, OR

STATUTES THAT MAY AFFECT THE PROPERTY.

The provisions of this Purchase Agreement Addendum shall survive closing.

EXECUTED by the parties on the dates indicated below.

CITY OF LAGO VISTA:

__________________________


Date: _____________________, 2020

OWNER

_________________________

Mohsen Anami

Date: ________________2020

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AGENDA ITEM

CCity of Lago Vista


From:

Subject:

EXECUTIVE SUMMARY:


Erin Selvera

Discussion, consideration and possible action on an Ordinance closing, vacating andabandoning a portion of the street right-of-way commonly known as Bonanza Street,authorizing conveyance to the abutting property owners by quit claim deed; and providingfor the following: findings of fact, enactment; severability; effective date, open meetingsclause; and providing for related matters.

Other Other

This item is the second part of the negotiated agreement with Mohsen Anami for extension ofBonanza Street. This ordinance would abandon the two portions of the existing cul de sac thatwill no longer be necessary if the City purchases the strip of property from Mr. Anami as aprecursor to extension of the road to connect to existing City property.

The City used City Real Estate Agent Kevin Sullivan to broker this deal.

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The City would execute a quit claim deed to Mr. Anami conveying the rights and interests that theCity has to the portions of the cul de sac that are surplus and not necessary for use by the City andgeneral public. Approval of this item and the prior agenda item would create additional frontage forthe remaining lots. The area would be replatted by the City.

Denial of this item may jeopardize the negotiated deal with Mr. Anami regarding the sale ofportions of his property that would allow for extension of Bonanza Street.

The City will bear the expense to file the Ordinance with Travis County and replat the property.Funding would come from the General Fund, Real Estate Account.




Bonanza street extension project.

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ORDINANCE NO.

AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF LAGO VISTA, TEXAS, CLOSING, VACATING AND ABANDONING A PORTION OF THE STREET RIGHT-OF-WAY COMMONLY KNOWN AS BONANZA, AUTHORIZING CONVEYANCE TO THE ABUTTING PROPERTY OWNER BY QUIT CLAIM DEED; AND PROVIDING FOR THE FOLLOWING: FINDINGS OF FACT, ENACTMENT; SEVERABILITY; EFFECTIVE DATE, OPEN MEETINGS CLAUSE; AND PROVIDING FOR RELATED MATTERS.

WHEREAS, the City of Lago Vista (“City”) is a home rule municipality with the rights and privileges thereto; and

WHEREAS, Texas Transportation Code Section 311.007 authorizes a home rule municipality to vacate, abandon and close any street or alley; and

WHEREAS, the 0.035 acres, more or less, identified as Tract 1 and the 0.036 acres , more or less, identified as Tract 2 of street right-of-way being portions of the roadway as shown and described in Exhibits "A", "B", and "C" attached hereto, commonly known as Bonanza Street, are surplus and not necessary for use by the City and general public as an alley or street; and

WHEREAS, the abutting landowners to this partial cul-de-sac have requested that a portion of the street right-of-way, described herein, be closed, vacated and abandoned by the City of Lago Vista, Texas, a home-rule municipality, (the "City"); and

WHEREAS, the remainder of the street right-of-way of Bonanza, not otherwise described in Exhibit "A" shall remain open for ingress, egress and the convenience of the public; and

WHEREAS, Section 272.001(b) of the Texas Local Government Code, authorizes political subdivisions to sell and convey public rights-of-way not necessary to serve the abutting landowners;

WHEREAS, the City Council deems it to be in the best interest of the citizens of the City to close, vacate and abandon the portions of Bonanza Street described in Exhibits “A”, “B”, and “C” as Tract 1 and Tract 2. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF LAGO VISTA, TEXAS, THAT:

SECTION 1. FINDINGS. The foregoing recitals are hereby found to be true and correct and are hereby adopted by the City Council and made a part hereof for all purposes as findings of fact.

SECTION 2. ENACTMENT. The 0.035 acres, more or less, identified as Tract 1 and the 0.036 acres , more or less, identified as Tract 2 of Bonanza Street, in the City of Lago Vista, Travis County, Texas, as shown and described in Exhibits “A”, “B”, and “C”, attached hereto and incorporated herein for all purposes, is hereby permanently closed, vacated and abandoned by the City and the general public. The City Manager is hereby authorized, empowered, instructed and directed to execute a quit claim deed conveying the rights and interests of the City in the above described abandoned and vacated portion of Bonanza Street as shown and described in Exhibits “A”,

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“B”, and “C”, to the abutting fee simple landowners, while retaining a public utility and drainage easement over the entirety of that property. Upon execution of the quit claim deed, such deed shall be and become a binding act and deed of the City of Lago Vista, Texas with Exhibits “A”, “B”, and “C” being an attachment to that deed.

SECTION 3. SEVERABILITY. Should any section or part of this Ordinance be held unconstitutional, illegal, or invalid, or the application to any person or circumstance for any reasons thereof ineffective or inapplicable, such unconstitutionality, illegality, invalidity, or ineffectiveness of such section or part shall in no way affect, impair or invalidate the remaining portion or portions thereof; but as to such remaining portion or portions, the same shall be and remain in full force and effect and to this end the provisions of this ordinance are declared to be severable.

SECTION 4. EFFECTIVE DATE. This Ordinance shall be in force and effect from and after its passage on the date shown below in accordance with the provisions of the Texas Local Government Code and the City’s Charter.

SECTION 6. OPEN MEETINGS. It is hereby officially found and determined that the meeting at which this Ordinance was passed was open to the public, and public notice of the time, place and purpose of said meeting was given, all as required by the Open Meetings Act, Chapter 551, Texas Local Government Code.


PASSED AND APPROVED this day of , 20 .

Ed Tidwell, Mayor

ATTEST:


On a motion by Councilmember , seconded by Councilmember , the above and foregoing ordinance was passed and approved.

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EXHIBIT “A”

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AGENDA ITEM

CCity of Lago Vista


From:

Subject:

EXECUTIVE SUMMARY:


Erin Selvera

Discussion consideration and possible action regarding an Ordinance of the City Councilof Lago Vista, Texas, Amending Chapter 13 Utilities, Articles 13.1100 Domestic WaterDrought Contingency Plan, 13.1400 Water Conservation Plan and 13.1500 ReuseDrought Contingency Plan, and Chapter 1 General Provisions, Article 1.1900 GolfCourses, providing an effective date, repealer, severability, proper notice and openmeetings clause.

Other Other

This Ordinances amends Chapter 13, by clarifying definitions, removing superfluous andredundant language, removing non-regulatory language, amending the Drought ResponseStages to more closely match LCRA, and reorganizing language for readability.

This Ordinances amends Chapter 1 by deleting redundant language covered by chapter 13.Division 2, 3 and 4 are deleted in their entirety. Divisions 2 and 3 are addressed in Article13.1100. Division 4 is not a regulation and could be adopted as a plan.

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Chapter 1 will be significantly streamlined and focus strictly on golf. Chapter 13 will also bestreamlined and will more closely match LCRA requirements.

None, the Ordinances will continue to be enforced as written.




Drought Contingency Plan and Drought Stages - Amendments to Chapters 1 and 13.

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ORDINANCE NO.

AN ORDINANCE OF THE CITY COUNCIL OF LAGO VISTA, TEXAS, AMENDING CHAPTER 13 UTILITIES, ARTICLES 13.1100 DOMESTIC WATER DROUGHT CONTINGENCY PLAN, 13.1400 WATER CONSERVATION PLAN AND 13.1500 REUSE DROUGHT CONTINGENCY PLAN, AND CHAPTER 1 GENERAL PROVISIONS, ARTICLE 1.1900 GOLF COURSES, PROVIDING AN EFFECTIVE DATE, REPEALER, SEVERABILITY, PROPER NOTICE AND OPEN MEETINGS CLAUSE.

WHEREAS, The City of Lago Vista, Texas is a Home Rule City; and WHEREAS, State law requires all levels - state, regional and local - to

undertake plans to address droughts and water conservation; and WHEREAS, the City Council of the City of Lago Vista previously adopted a

drought contingency plan establishing the authority and process for initiation and termination of drought response stages in accordance with the Lower Colorado River Authority’s (LCRA’s) water management plan; and

WHEREAS, in order to provide a more timely and efficient process, the City

Council desires to amend the existing ordinances to remove redundant language between Chapters 1 and 13 and to make the language regarding drought response stages consistent with LCRA stages; and

WHEREAS, the City Council finds that it is necessary and proper for the

purpose of promoting effective and efficient government of the City to adopt the proposed amendments to Drought Contingency Plan provisions the City of Lago Vista Code of Ordinances.


SECTION 1. FINDINGS OF FACT. All of the above and foregoing recitals are hereby found to be true and correct legislative findings of the City and are incorporated herein as findings of fact.

SECTION 2. AMENDMENT. The City Council of the City of Lago Vista, Texas, does hereby amend Chapter 13, Articles 13.1100, 13.1400 and 13.1500 as shown in Exhibit “A.” and Chapter 1, Article 1.1900 of the Lago Vista Code of Ordinances as shown in Exhibit “B.” Underlined language shall be added and language to be deleted is signified by strike-through.

SECTION 3. REPEALER. All ordinances, orders or resolutions heretofore passed and adopted by the City Council of the City of Lago Vista, Texas, are hereby repealed to the extent said ordinances, orders or resolutions or parts thereof are in conflict herewith.

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SECTION 4. SEVERABILITY CLAUSE. If any section, subsection, article, paragraph, sentence, clause, phrase or word in this Ordinance is for any reason held to be invalid or unconstitutional by a court of competent jurisdiction, such holding shall not affect the validity of the remaining portions of this Ordinance, and the City Council hereby declares it would have passed such remaining portions of this Ordinance despite such invalidity, which remaining portions shall remain in full force and effect.

SECTION 5. EFFECTIVE DATE. This Ordinance shall take effect immediately upon its passage and publication in accordance with the provisions of the Tex. Loc. Gov’t. Code.

SECTION 6. OPEN MEETINGS. It is hereby officially found and determined that the meeting at which this ordinance is passed was open to the public as required and that public notice of the time, place, and purpose of said meeting was given as required by the Open Meetings Act, Chapter 551 of the Texas Government Code.


PASSED AND APPROVED this day of , 2020 by a vote of the City Council of the City of Lago Vista, Texas.

Ed Tidwell, Mayor

ATTEST:

Sandra Barton, City Secretary On a motion by Councilmember , seconded by Councilmember , the above and foregoing ordinance was passed and approved.

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CHAPTER 13

UTILITIES

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ARTICLE 13.1100 DOMESTIC PURCHASED WATER DROUGHT CONTINGENCY PLAN CONSERVATION

State law reference–Drought contingency plans, V.T.C.A., Water Code, sec. 11.1272.

Sec 13.1101 Definitions

AF. An acre-Ffoot is a unit of volume equal to the volume of a sheet of water one acre (0.405 hectare) in area and one foot (30.48 cm) in depth; 43,560 cubic feet (1233.5 cum).

Aesthetic Purchased Water Use. Purchased water used for ornamental or decorative purposes such as fountains, reflecting pools, and water gardens.

Alternate Water Supply. Water not distributed purchased by the CoLV, including rainwater, reuse water, and gray water.

Automatic Irrigation. tThe operation of an irrigation system with no or minimum of manual intervention besides surveillance. This includes drip, sprinkler, and surface irrigation systems that utilize timers, sensors, computers, or mechanical devices.

CoLV. The City of Lago Vista is a city located in Northwest Travis County, Texas, United States.

Commercial and Institutional Purchased Water Use. Purchased water use which is integral to the operations of commercial and nonprofit establishments and government entities such as retail establishments, hotels, motels, restaurants and office buildings. This does not include purchased water used strictly for aesthetic purposes.

Conservation. Those practices, techniques, and technologies that reduce the consumption of purchased water, reduce the loss of purchased water, improve the efficiency in the use of purchased water, or increase the recycling and reuse of purchased water so that the water supply is conserved and made available for future or alternative uses.

Customer. Any CoLV resident, person, company, or organization using purchased water supplied by the CoLV.

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DCP. A dDrought contingency plan. It is a strategy or combination of strategies for monitoring the progression of a drought and preparing a response to potential water supply shortages resulting from severe droughts or other water supply emergencies.

Domestic Water Use. Purchased water used for personal needs or for household or sanitary purposes such as drinking, bathing, heating, cooking, sanitation, or for cleaning a residence.

Drip Irrigation. Is a form of irrigation that saves water and fertilizer by allowing water to drip slowly to the roots of many different plants onto the soil surface through a network of valves, tubes, pipes, and emitters.

Driving Range. An area where golfers can practice their golf swings hitting golf balls.

Drought Fee. A temporary purchased water utility rate surcharge for meeting the CoLV’s short term financial requirements caused by a loss of revenues due to extended purchased water restrictions.

DWDOR. The drought worse than drought of record. It is any time period drier than the 1947-57 drought previously considered the worst on record. The Highland Lakes include Lakes Travis, Buchanan, Inks, LBJ and Austin. Lakes Travis and Buchanan are surge lakes and serve as the primary water supply for the CoLV and several other Central Texas cities.

Fairways. The area of a golf course between the teeing area and the greens that are not roughs or out of bounds areas..

Greens. An area of closely trimmed grass surrounding the hole.

Hand-Watering. Hand-watering refers to the application of purchased water for irrigation purposes through a hand-held hose or watering container. A person must be physically holding the hose or container. Watering by hand cannot occur unattended.

HLGC. The golf course formerly known as Highland Lakes Golf Course and refers only to the teeing area, fairways, roughs, out of bounds areas, greens, driving range, practice areas and and practice putting green for thean eighteen-hole golf course. in Lago Vista Texas.

HLGC Authorized Representative. The senior manager for the HLGC., currently the CoLV city manager.

Hose-End Sprinkler. Irrigation of a landscaped area utilizing an above ground hose and a hose-end sprinkler.

Industrial Water Use. The use of purchased water in processes designed to convert materials of lower value into forms having greater usability and value.

In-ground Irrigation System. A system of underground pipes attached to sprinkler heads used to irrigate landscaped areas.

LVGC. The Lago Vista Golf Course. refers only to the teeing area, fairways, greens, driving range, and putting green for an eighteen-hole golf course in Lago Vista Texas.

LVGC Authorized Representative. The senior manager for the LVGC, currently Tthe CoLV city manager.

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Landscape Irrigation Use. Purchased water used for the irrigation and maintenance of landscaped areas, whether publicly or privately owned, including residential and commercial lawns, gardens, golf courses, parks, recreation areas, and rights-of-way and medians.

LCRA. The Lower Colorado River Authority. is a nonprofit public utility created in November 1934 by the Texas Legislature. LCRA’s mission is to enhance the lives of the Texans it serves through water stewardship, energy and community service.

Nonessential Water Use. Ppurchased water uses that are not essential or required for the protection of public health, safety, and welfare including:

(a) Irrigation of landscape areas, including parks, athletic fields, recreation areas, and golf courses, except otherwise provided under this plan.

(b) Use of purchased water to wash any motor vehicle, motorbike, boat, trailer, airplane or other vehicle.

(c) Use of purchased water to wash down any sidewalks, walkways, driveways, parking lots, tennis courts, or other hard-surfaced areas.

(d) Use of purchased water to wash down buildings or structures for purposes other than immediate fire protection.

(e) Flushing gutters or permitting purchased water to run or accumulate in any gutter or street;

(f) Use of purchased water to fill, refill, or add to any indoor or outdoor swimming pools, wading pools, and Jacuzzi-type pools.

(g) Use of purchased water in a fountain or pond for aesthetic or scenic purposes except where necessary to support aquatic life.

(h) Failure to repair a controllable leak(s) within a reasonable period after having been given notice directing the repair of such leak(s).

(i) Use of purchased water from hydrants for construction purposes or any other purposes other than firefighting.

Owner. The HLGC and LVGC property owner listed on the Travis County Central Appraisal District’s tax rolls., currently the CoLV.

Purchased Water. Raw water or potable water purchased from the LCRACoLV.

Putting Green. An area of closely trimmed grass surrounding practice holesused to practice putting.

Reuse Water. Reclaimed water such as graywater, effluent from a wastewater treatment plant, or flushing water from a water distribution system.

Roughs. The area between the fairway and the out-of-bounds markers, and also between a mowed apron surrounding the green and out of bounds; the grass there is cut higher and is often of a coarser strain than on the fairways, making roughs disadvantageous areas from which to hit.

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TCEQ. The Texas Commission for Environmental Quality. is the environmental agency for the state and the fourth largest environmental agency in the United States. TCEQ strives to protect Texas’ public health and natural resources consistent with sustainable economic development.

Teeing Area. An area where a player starts the hole by striking the ball.

Water Curtailment Plan. A plan to reduce the supply of water being provided by LCRA through a diversion contract by reducing the amount of water served under the contract for a specific period of time. Curtailment may occur during drought or other emergency conditions.

Wholesale Purchased Water Customer. An entity that purchases bulk water. for construction purposes or resale to agricultural, residential, commercial, industrial, or governmental end users.

Sec 13.1102 Declaration Of Policy, Purpose, And Intent

(a) LCRA provides contracts to customers for water supply. In cases of extreme drought, periods of abnormally high usage, system contamination, or extended reduction in ability to supply water due to equipment failure, LCRA may require water customers to institute temporary restrictions to limit nonessential purchased water usage. The goal of any DCP is to cause a reduction in water use in response to drought or emergency conditions so that water availability can be maintained. Since emergency conditions can occur rapidly, responses must also be enacted quickly. This plan has been prepared in advance considering conditions that will initiate and terminate the emergency management program.

(b) The purpose of the municipal customers DCP is to encourage a reduction of purchased water use by the municipal customers, including golf courses, in order to maintain supply, storage, pressure or to comply with the requirements of a court, government agency or other authority.

(c) All LCRA firm water users are required to develop and formally adopt drought contingency plans for their own systems in accordance with Title 30 Texas Administrative Code Sections 288.20 and 288.22. The water supply triggers and target reduction goals for the municipal customers, including HLGC and LVGC, must be consistent with the LCRA DCP. The CoLV, and all wholesale water customers of CoLV, must develop and formally adopt a revised DCP every five5 years consistent with the current CoLV municipal DCP. Further, being located within the regional water planning area of Region K, a copy of the DCP has been shall be provided to the Region K Water Planning Group.

Sec 13.1103 Public Involvement/Public Education

(a) Opportunity for the public to provide input into the preparation of the DCP was provided by the city council by scheduling and providing public notice of a public meeting to accept input on the DCP. Notice of the public meeting was posted continuously in a location accessible to the public at least 72 hours prior to the public meeting. In the adoption of this DCP, the city council considered any and all comments offered from the public.

(b) The CoLV, HLGC, and LVGC:

(1) The CoLV, or owner, will periodically provide its employees, members, and the general public with information about this DCP, including the importance of the plan, information about the conditions under which each stage of the plan is to be initiated, processes to reduce purchased water usage, and impending or current drought conditions.

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(2) Drought plan information will be provided by means of: meetings with staff, newsletter articles, brochures at city hall, bill stuffers, social media, clubhouse (where applicable), and on the entity’s website.

Sec 13.1104 Permanent Purchased Water Use Restrictions

The following restrictions apply to all CoLV purchased water customers on a year-round basis, regardless of water supply or water treatment plant production conditions. According to the restrictions, a purchased water user shall not:

(a) Fail to repair a controllable leak including:

(1) A broken sprinkler head.

(2) A leaking valve.

(3) Leaking or broken pipes.

(4) A leaking faucet.

(b) Operate an irrigation system with:


(2) A sprinkler head that is out of adjustment and the arc of the spray head is over a street or parking area.

(3) A sprinkler head that is fogging or misting because of excessive water pressure.

(c) During irrigation, allow purchased water to:

(1) Run off a property and form a stream of purchased water in a street for a distance of 50 feet or greater.

(2) Pool in a street or parking lot to a depth greater than one-quarter of an inch.

Sec 13.1105 Initiation, Restrictions, And Termination of Drought Response Stages

(a) Monitoring. The city manager shall monitor water supply and demand conditions on a regular basis and shall determine when conditions warrant initiation and termination of each stage of water conservation measures in accordance with this DCP and advise the city council of same. Water supply conditions will be determined by the source of supply, system capacity, and weather conditions. Water demand will be measured by the peak daily demands on the system.

(1) The city manager shall be responsible for the initiation and termination of the four supply triggers drought stages based on the criteria as outlined in Section 13.1112 and Section 13.1113, and in accordance with LCRA’s DCP.

(2) The city manager shall be responsible for the initiation and termination of any demand triggers or emergency triggers responses based on the criteria as outlined in Section 13.1112 and Section 13.1113, and in accordance with LCRA’s DCP.

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(b) Notification. CoLV public notification of the initiation or termination of drought response stages shall be by a variety of ways, examples include: brochures at city hall, bill stuffers, e-mail and automated telephone calls, CoLV website, social media, signs posted at entry points to the service area or a combination of these methods.

(c) Triggering Criteria for Initiation and Termination of the Municipal Customers Drought Response Stages. The following triggering criteria for initiation and termination of water conservation measures and restrictions shall apply to the CoLV water utility system, its customers, and its customer service area including the golf courses and parks.

(1) Normal Water Storage Conditions.

(A) Requirements for Initiation. Normal water storage conditions exist when the combined storage of Lakes Travis and Buchanan exceeds 1.4 million AF.900,000 AF for 30 consecutive days.

(B) Requirements for Termination. The city council shall implement stage 1 when the combined storage of Lakes Travis and Buchanan equals or falls below 900,000 AF for 30 consecutive days.

(C)(B) Irrigation Restrictions. TWICE per week as outlined in Section 13.1112 and summarized in Section 13.1113. Hand-watering allowed daily between midnight and 10:00 a.m. or between 7:00 p.m. and midnight. None.

(D)(C) Target Purchased Water Use Reduction. None.

(E)(D) Purchased Water Use Response Measures. Limit irrigation with purchased water of landscaped turf grass and planting beds around buildings to no more than TWICE per week on authorized irrigation days.None.

(F)(E) Drought Fee ($/LUE per month). None.

(2) STAGE 1 Moderate Water Shortage Conditions (VoluntaryMandatory Measures).

(A) Requirements for Initiation. The city manager shall implement stage 1 moderate water shortage conditions when the combined storage of Lakes Travis and Buchanan equals or falls below 1.4 million, 900,000 AF for 30 consecutive days. and LCRA requests restrictions.

(B) Requirements for termination. The city manager shall implement normal water storage conditions when the combined storage of Lakes Travis and Buchanan exceeds 1.4 million900,000 AF.for 30 consecutive days.

(C) Irrigation Restrictions. Voluntary tTwice per week as outlined in Section 13.1112 and summarized in Section 13.1113. Hand-watering allowed daily between midnight and 10:00 a.m. or between 7:00 p.m. and midnight. Voluntary means CoLV customers may but are not required to restrict their own purchases water use.

(D) Target Purchased Water Use Reduction. Achieve a 510% reduction in total purchased water use.

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(E) Voluntary pPurchased Water Use Reduction Response Measures. Select as any response measures, as appropriate to the CoLV municipal customers, and golf course operations that use purchased water, which will achieve the target reduction indicated.

(i) Limit irrigation with purchased water of landscaped turf grass and planting beds to no more than the CoLV’s mandatory outdoor watering schedule.

(ii) Limit irrigation with purchased water of all practice areas (putting and driving ranges) to no more than LCRA’s recommended outdoor watering schedule.

(iii) Reduce irrigation with purchased water of all play-areas (greens, teeing area, and fairways) to achieve reduction target.

(iv) Discontinue irrigation with purchased water of all roughs and other non-play areas.

(v) Discontinue using purchased water for washing/rinsing of buildings, walls, structures, paved and other hard-surfaced areas including sport courts.

(vi) Discontinue aesthetic purchased water use.

(vii) Drought Fee ($/LUE per month). None.

(F) Drought Fee ($/LUE per month). None.

(3) STAGE 2 Moderate Water Shortage Conditions (Mandatory Measures).

(A) Requirements for Initiation. The city manager shall implement stage 2 moderate water shortage conditions when the combined storage of Lakes Travis and Buchanan equals or falls below 900750,000 AF for 30 consecutive days.

(B) Requirements for termination. The city manager shall implement stage 1 moderate water shortage conditions when the combined storage of Lakes Travis and Buchanan exceeds 900750,000 AF for 30 consecutive days, and LCRA requests restrictions and voluntary or no restrictions depending on lake volume trigger points..

(C) Irrigation Restrictions. Once per week as outlined in Section 13.1112 and summarized in Section 13.1113. Hand-watering allowed daily between midnight and 10:00 a.m. or between 7:00 p.m. and midnight.

(D) Target Purchased Water Use Reduction. Golf courses to Achieve 30% purchased water use reduction, all other cases to Aachieve a 20% reduction in total purchased water use.

(E) Purchased Water Use Reduction Response Measures. Select as many response measures, as appropriate to the municipal customers golf course operation, which will achieve the target reduction indicated.

(i) Watering of landscaped turf grass and planting beds with purchased water restricted to one day per week, except by use of hand-held hose, hand-held bucket, or drip irrigation. Customers wishing to install new landscaping or

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revegetating an established area may apply for a variance as outlined m Section 13.1108.

(ii) Vehicle and Boat Washing. Use of purchased water to wash any motor vehicle, such as a motorbike, boat, trailer, or airplane is prohibited except on the designated irrigation day during normal irrigation hours. Such activity shall be done with a hand-held bucket or a hand-held hose equipped with a positive shutoff nozzle. A vehicle may be washed any time at a commercial carwash facility or commercial service station. Further, this activity is exempt from these regulations if the health, safety, and welfare of the public are served by washing the vehicle, such as a truck used to collect garbage or used to transport food and perishables.

(iii) Pools. The city manager may limit the filling of all new and existing swimming pools, hot tubs, wading pools. Replenishing to maintenance level is permitted. Draining may be permitted only onto pervious surfaces or onto a surface where water will be transmitted directly to a pervious surface, and only if:

(1) Draining excess water from pool due to rain in order to lower water to maintenance level.

(2) Repairing, maintaining or replacing pool components that have become hazardous.

(3) Repair of a pool leak.

(4) Refilling of public/community swimming pools is permitted only if the pool has been drained for repairs, maintenance, or replacement as outlined in above.

(iv) Outside Water Features. The city manager may limit the operation of outside purchased water features, such as, but not limited to, fountains, splash pad type fountains or outdoor misting systems, except where such features are used to sustain aquatic life or maintain water quality. This provision includes fountains associated with aesthetic ponds and swimming pools.

(v) Ponds. Ponds used for aesthetic, amenity, and/or storm water purposes may maintain water levels only necessary to preserve the integrity of the liner and operating system. The city manager or his designee may request specific design documentation regarding a pond and the intended purpose.

(vi) Events. Events involving the use of purchased water such as: carwashes, festivals, parties, water slides, and other activities involving the use of purchased water are permitted, if the purchased water being used drains to a recirculating device, or onto a pervious surface to prevent water waste.

(vii) Restaurants. All restaurants are encouraged to serve purchased water to their patrons only upon request.

(viii) Fire Hydrants. Use of purchased water from fire hydrants shall be limited to firefighting and activities necessary to maintain public health, safety, and

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welfare. Use of purchased water from designated fire hydrants for construction purposes may be allowed under special conditions and requires a meter; a variance application must be submitted with an explanation of the special conditions.

(ix) Recreational areas (includes parks and athletic fields). The areas can only be used for designated or scheduled events or activities. Unnecessary foot traffic must be discouraged. Watering must follow a no more than twice per week schedule. A variance can be obtained if watering cannot be completed on the designated two-day schedule.

(x) Purchased Water Waste. The city council may restrict the following nonessential uses of purchased water at all times during periods in which restrictions have gone into effect:

(1) Washing sidewalks, walkways, driveways, parking lots, street, tennis courts, and other impervious surfaces may be prohibited except for immediate health and safety.

(2) Washing buildings, houses or structures with a pressure washer or garden hose may be prohibited for aesthetic purposes but allowable for surface preparation of maintenance work to be performed.

(3) Flushing gutters or flooding gutters may be prohibited except for immediate health and safety.

(4) Controlling dust may be prohibited, unless there is a demonstrated need to do so for reasons of public health and safety, or as part of an approved construction plan.

(xi) The CoLV shall discontinue water line flushing unless necessary for public health reasons.

(xii) The CoLV shall keep customers informed about issues regarding current and projected purchased water supply and demand conditions.

(xiii) Golf Courses.

(xiii)(xiv) (aa)Reduce irrigation with purchased water of all play-areas (greens, teeing area, and fairways) to achieve reduction target.

(xiv)(xv) (bb)Irrigation with purchased water of all roughs and other non-play areas prohibited.

(xv)(xvi) (cc)Reduce irrigation with purchased water of all practice areas (putting and driving ranges).

(xvi)(xvii) Using purchased water for washing/rinsing of buildings, walls, structures, paved, and other hard-surfaced areas including sport courts prohibited.

(xvii)(xviii) Aesthetic purchased water use prohibited.

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(F) Drought Fee ($/LUE per month). Ten dollars ($10.00).

(4) STAGE 3 Severe Water Shortage Conditions (Mandatory Measures).

(A) Requirements for Initiation. The city manager shall implement stage 3 severe water shortage conditions when the combined storage of Lakes Travis and Buchanan equals or falls below 600,000 AF for 30 consecutive days. required by the LVRA Board of Directors which declares a Drought Worse than the Drought of Record.

(B) Requirements for Termination. The city manager shall implement stage 2 moderate water shortage conditions when the combined storage of Lakes Travis and Buchanan exceeds 600,000 AF for 30 consecutive days. is advised by LCRA which stage is applicable.

(C)(A) Irrigation Restrictions. No automatic or hose-end irrigation with purchased water. All other nonessential outdoor water use is prohibited unless water source is from an alternate supply, such as reuse water, rainwater, or graywater. Hand-watering allowed for six6 hours daily between midnight and 10:00 a.m. or between 7:00 p.m. and midnight.

(D)(B) Target Purchased Water Use Reduction. Achieve a 30% reduction in total purchased water use or in accordance with LCRA DCP.

(E)(C) Purchased Water Use Reduction Response Measures.

(i) Irrigation of Landscaped Areas.

(1) Irrigation of landscaped areas is prohibited, except with hand-held hoses, hand-held buckets, or drip irrigation. The use of hose-end sprinklers or in-ground irrigation systems are prohibited.

(2) New landscape installation is prohibited.

(ii) Vehicle and Boat Washing. Use of purchased water to wash any motor vehicle, such as a motorbike, boat, trailer, or airplane is prohibited except on the designated irrigation day during normal irrigation hours. Such activity shall be done with a hand-held bucket or a hand-held hose equipped with a positive shutoff nozzle. A vehicle may be washed any time at a commercial carwash facility or commercial service station. Further, this activity is exempt from these regulations if the health, safety, and welfare of the public are served by washing the vehicle, such as a truck used to collect garbage or used to transport food and perishables.

(iii) Pools. The installation of new swimming pools may be prohibited unless the pool is built with a pool cover. The filling or replenishing of swimming pools with purchased water is prohibited unless the swimming pool is covered with a pool cover when not in use. The filling or replenishing of hot tubs, wading pools, and other types of pools with purchased water is prohibited. Public/community swimming pools may be exempt from this prohibition to maintain safe levels of water quality for human contact.

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(iv) Events. Events involving the use of purchased water such as carwashes, festivals, parties, water slides, and other activities involving the use of purchased water may be prohibited.

(v) Recreational Areas (includes parks and athletic fields). The areas can only be used for designated or scheduled events or activities. Unnecessary foot traffic must be discouraged. Watering is prohibited except with a hand-held hose.

(vi) All purchased water customers are required to further reduce nonessential purchased water uses.

(vii) Limit irrigation with purchased water of greens and teeing area to no more than LCRA’s recommended outdoor watering schedule and to hand-watering only.

(viii) Irrigation with purchased water of landscaped turf grass and planting beds prohibited.

(ix) Irrigation with purchased water of all roughs and other non-play areas prohibited.

(x) Limit irrigation with purchased water of all practice areas (putting and driving ranges) to once per week.

(xi) Irrigation with purchased water of all fairways prohibited.

(xii) Using purchased water for washing/rinsing of buildings, walls, structures, paved, and other hard-surfaced areas including sport courts prohibited.

(xiii) Aesthetic purchased water use prohibited.

(F)(D) Drought Fee ($/LUE per month). Twenty dollars ($20.00).


(A) Requirements for Initiation. The city manager shall implement stage 4 severe water shortage conditions when one or a combination of such triggering criteria occurs:

(i) The LCRA board declares a drought worse than the drought of record (DWDOR) or other water supply emergency and orders the mandatory curtailment of firm water supplies.

(ii) Upon notification from LCRA that it is declaring a DWDOR.

(B) Requirements for Termination. The city manager shall implement stage 3 severe water shortage conditions when the LCRA announces that the DWDOR mandatory water restrictions for firm water customers are no longer required.

(C) Irrigation Restrictions. All irrigation with purchased water prohibited. All other nonessential outdoor water use is prohibited unless water source is from an alternate supply, such as reuse water, rainwater, or graywater. No hand-watering allowed.

(D) Target Purchased Water Use Reduction. Reduce purchased water use in accordance with LCRA DCP.

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(E) Purchased Water Use Reduction Response Measures.(D) Additional Possible Restrictions.

(i) Irrigation of landscaped areas is prohibited.

(ii) Vehicle and boat washing is prohibited.

(iii) Pools. The installation of new swimming pools is prohibited. The filling or replenishing of existing swimming pools, hot tubs, wading pools, and other types of pools with purchased water is prohibited. Public/community swimming pools may be exempt from this prohibition to maintain safe levels of water quality for human contact.

(iv) Events. Events involving the use of purchased water such as carwashes, festivals, parties, water slides, and other activities involving the use of purchased water is prohibited.

(v) Recreational Areas (includes parks and athletic fields). Watering with purchased water is prohibited.

(vi) All purchased water customers are required to further reduce nonessential purchased water uses.

(vii) Use of purchased water from fire hydrants shall be limited to firefighting and activities necessary to maintain public health, safety, and welfare only.

(viii) Irrigation with purchased water of greens and teeing area prohibited.

(ix) Irrigation with purchased water of landscaped turf grass and planting beds prohibited.

(x) Irrigation with purchased water of all roughs and other non-play areas prohibited.

(xi) Irrigation with purchased water of all practice areas (putting and driving ranges) prohibited.

(xii) Irrigation with purchased water of all fairways prohibited.

(xiii) Using purchased water for washing/rinsing of buildings, walls, structures, paved, and other hard-surfaced areas including sport courts prohibited.

(xiv) Aesthetic purchased water use prohibited.

(F)(A) Drought Fee ($/LUE per month). Twenty dollars ($20.00).

(6)(5) STAGE 45 Emergency Water Conservation Conditions.

(A) Requirements for Initiation. The city manager shall implement stage 5 emergency water conservation conditions when one or a combination of such triggering criteria occurs:

(i) LCRA declares a natural or man-made contamination of the water supply source.

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(ii) Any other emergency water supply or demand conditions that the LCRA general manager or the LCRA Board determines that either constitutes a water supply emergency.

(iii) The city manager declares a water demand emergency.

(iv) The city manager declares a water plant emergency.

(v) The city manager declares a water distribution system outage.

(B) Requirements for Termination. When the LCRA and/or city manager announce that the stage 5 emergency water conservation conditions water restrictions are no longer required.

(C) Irrigation Restrictions. All irrigation with purchased water prohibited. All other nonessential outdoor water use is prohibited unless water source is from an alternate supply, such as reuse water, rainwater, or graywater. No hand-watering allowed.

(D) Target Purchased Water Use Reduction. Reduce purchased water use for affected area to minimum possible purchased water use.

(E) Purchased Water Use Reduction Response Measures.

(i) Irrigation of landscaped areas is prohibited.

(ii) Use of purchased water from fire hydrants shall be limited to firefighting and activities necessary to maintain public health, safety, and welfare only.

(iii) Irrigation with purchased water of greens and teeing area prohibited.

(iv) Irrigation with purchased water of landscaped turf grass and planting beds prohibited.

(v) Irrigation with purchased water of all roughs and other non-play areas prohibited.

(vi) Irrigation with purchased water of all practice areas (putting and driving ranges) prohibited.

(vii) Irrigation with purchased water of all fairways prohibited.

(viii) Using purchased water for washing/rinsing of buildings, walls, structures, paved, and other hard-surfaced areas including sport courts prohibited.

(ix) Aesthetic purchased water use prohibited.

(F) Drought Fee ($/LUE per month). TBD by the city council manager.

Sec 13.1106 Wholesale Purchased Water Customers

All CoLV wholesale purchased water customers are required to develop and formally adopt DCP plans for their own systems in accordance with title 30 Texas Administrative Code sections 288.20 and 288.22. The water supply triggers and target reduction goals must be consistent with both the CoLV and LCRA DCPs.

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In addition, the measures of this plan must be at least as stringent as the drought response measures required by this article for its retail customers. Wholesale purchased water customers must include in their wholesale water supply contracts the requirement that each successive wholesale customer develop and formally adopt a revised DCP every 5 years, subject to CoLV approval, consistent with the LCRA DCP.

(a) Normal Water Storage Conditions. The CoLV will contact wholesale purchased water customers as needed to discuss supply and demand conditions. The CoLV will provide a limited supply of consumer information and materials on water conservation measures and practices to wholesale purchased water customers.

(b) STAGE 1 Moderate Water Shortage Conditions (Mandatory Measures). The CoLV will keep wholesale purchased water customers informed about ongoing demand, as well as current and projected water supply conditions. The CoLV will initiate discussions with wholesale purchased water customers about potential curtailment and the implementation of mandatory measures to reduce all nonessential purchased water uses.

(c) STAGE 2 Moderate Water Shortage Conditions (Mandatory Measures). The CoLV will contact its wholesale purchased water customers to initiate mandatory measures to control purchased water demand to ensure adequate water supply for emergency response requirements. Mandatory measures shall include the curtailment of nonessential purchased water uses in accordance with the wholesale purchased water customer’s own DCP.

(d) STAGE 3 Severe Water Storage Conditions. The CoLV will contact its wholesale purchased water customers to initiate mandatory measures to control purchased water demand to ensure adequate water supply for emergency response requirements. Mandatory measures shall include the curtailment of automatic or hose-end irrigation in accordance with the wholesale purchased water customer’s own DCP.

(e) STAGE 4 Emergency Water Conditions. The CoLV will contact its wholesale purchased water customers to initiate mandatory measures to control purchased water demand to ensure adequate water supply for emergency response requirements. Mandatory measures shall include the curtailment of all irrigation in accordance with the wholesale purchased water customer’s own DCP.

(f) STAGE 5 Emergency Water Conditions. The CoLV will contact its wholesale purchased water customers to initiate mandatory measures to control purchased water demand to ensure adequate water supply for emergency response requirements. Mandatory measures shall include the curtailment of all irrigation in accordance with the wholesale purchased water customer’s own DCP.

Sec 13.1107 Enforcement

The following enforcement provisions shall apply to all CoLV purchased water customers:

(a) No person shall knowingly or intentionally use or allow the use of purchased water from the CoLV water utility system for residential, commercial, industrial, agricultural, governmental, or any other purpose in a manner contrary to any provision of this article, or in an amount in excess of that permitted by the drought response stage in effect at the time.

(b) Any person who violates this Article shall be subject to the following fines, penalties and/or conditions of service:

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(1) Following the first documented purchased water violation, the violator shall be given a notice specifying the type of violation and the date and time it was observed. Fines and restrictions on service that may result from additional violations.

(2) Following the second documented purchased water violation, the violator shall:

(A) Be criminally responsible for the violation of this article, punishable by a minimum fine of $100.00 and a maximum fine not to exceed $500.00.

(B) And may be subject to a civil penalty not to exceed $1,000.00.

(3) Following the third documented purchased water violation, the violator shall:

(A) Be criminally responsible for the violation of this plan, punishable by a minimum fine of $250.00 and a maximum fine of $500.00; and

(B) May be subject to a civil penalty of not to exceed $1,000.00.

(4) Following the fourth documented purchased water violation, the CoLV may, upon due notice to the customer, discontinue water service to the premises where such violations occur. Services discontinued under such circumstances shall be restored only upon payment of a reconnection charge, hereby established at $500.00, and any outstanding charges including late payment fees or penalties. In addition, suitable assurance in the amount of a deposit of $1,000.00 must be given to the CoLV so that the same action shall not be repeated while this article is in effect. The CoLV may apply the deposit to any surcharges or penalties subsequently assessed under this article against a customer. The deposit, if any, shall be returned to the customer at the time of the customer’s voluntary disconnection from the utility system.

(c) Each day that one or more of the provisions in this plan is violated shall constitute a separate purchased water violation. Any person, including one classified as a purchased water customer of the CoLV, in apparent control of the property where a violation occurs or originates, shall be presumed to be the violator. Any such person, however, shall have the right to show that he did not commit the violation.

(d) The city manager or his designee shall have the power to enforce the provisions of this article.

(e) The municipal court shall have the power to issue to the city manager or his designee administrative search warrants, or other process allowed by law, where necessary to aid in enforcing this DCP.

(f) Judicial enforcement of fines and penalties issued pursuant to this article may be sought through a municipal court, district court or small claims court having jurisdiction over the matter.

(g) Compliance with this article also may be sought through injunctive relief in state district court.

(h) Enforcement for wholesale customers:

(1) Wholesale purchased water customers shall provide the CoLV with an order, ordinance, or resolution to demonstrate adequate enforcement provisions for the wholesale purchased water customer’s own DCP.

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(2) In addition, wholesale purchased water customers who fail to comply with the drought contingency measures in the plan may be subject to the following civil penalties, in addition to any other remedies available to the CoLV by law or under the terms of the wholesale water contracts.

(3) Penalties for wholesale purchased water customers:

(A) First documented violation: written notice of violation.

(B) Second documented violation: penalty fee of a minimum of $2,500.00 and a maximum fee of $10,000.00.

(C) Third documented violation: penalty fee of a minimum of $5,000.00 and a maximum fee of $10,000.00.

Sec 13.1108 Variances

(a) The city manager may grant variances:

(1) From specific applications of the outdoor purchased water schedule, providing that the variances do not increase the time allowed for watering but rather alter the schedule for watering.

(2) Allowing the use of alternative water supply that does not increase demand on potable water sources for outdoor use. Variance requests may be submitted to staff and need not meet the requirements of subsection below.

(b) The city manager may grant in writing temporary variances for existing purchased water uses otherwise prohibited under this article if it is determined that failure to do so would cause an emergency adversely affecting the public health, sanitation, or fire protection, and if one or more of the following conditions are met:

(1) Compliance with this DCP cannot be accomplished during the duration of the time the DCP is in effect.

(2) Alternative methods can be implemented that will achieve the same level of reduction in purchased water use.

(3)Temporary landscape watering schedule variance for new landscapes. New landscapes can be watered according to the following schedule for the first 30 days after installation.

(A) Days 1 through 21: Spray irrigation allowed every day.

(B) New variance application is required to continue temporary irrigation.

(C) Days 22 through 42: Spray irrigation allowed every other day.

(D) No further variances allowed.

(A)(E) Watering times: Midnight to 10:00 a.m. and 7:00 p.m. to midnight. Formatted: Font:

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(c) Persons requesting a variance from the provisions of this DCP shall file a petition for variance with the CoLV any time the DCP or a applicable drought response stage is in effect. The city manager or his designee will review petitions for variances. The petitions shall include the following:

(1) Name and address of the petitioner.

(2) Purpose of purchased water use.

(3) Specific provision of the DCP from which the petitioner is requesting relief.

(4) Detailed statement as to how the specific provision of this Article adversely affects the petitioner or what damage or harm the petitioner or others will sustain if petitioner complies with this DCP.

(5) Description of the relief requested.

(6) Period of time for which the variance is sought.

(7) Measures the petitioner is taking or proposes to take to meet the intent of this DCP and the compliance date.

(8) Other pertinent information.

(d) Variances granted by the CoLV shall be subject to the following conditions, unless waived or modified by the city manager, or his designee:

(1) Variances granted shall include a timetable for compliance.

(2) Variances granted shall expire when this article or its requirements are no longer in effect, unless the petitioner has failed to meet specified requirements.

(e) No variance shall be retroactive or otherwise excuse any violation occurring before the variance was issued.

Sec 13.1109 DCP Updates

This article and other operational measures to conserve purchased water in times of drought will be reviewed and updated as needed to meet both TCEQ and LCRA DCP rules.

Sec 13.1110 Notification To LCRA

Notification of any mandatory provisions of the municipal customers DCP shall be made to the LCRA general manager by the city manager in writing within five (5) business days of implementation.

Sec 13.1111 Implementation Reserved.

By signing this article, the CoLV authorized representative warrants and represents that:

The city council has approved this plan; and

The representative is authorized by the city council to implement this plan.

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As noted herein, the city manager shall monitor usage patterns and public education efforts and will make recommendations to the city council on any possible future conservation efforts, demand management procedures or any change to this DCP. The city manager will develop public awareness notices, bill stuffers and other methods that will begin and continue as a constant type of reminder that water should be conserved at all times. In compliance with the laws and regulations, the city manager will also review and evaluate any needed amendments or major changes to this DCP that may be needed due to changes in the CoLV service area population, distribution system or supply.

In a shortage of water not covered by the LCRA water management plan or other conservation plan approved by TCEQ applicable to LCRA’s firm water supply, a water contract customer who fails to implement its applicable DCP is subject to curtailment of firm water supply by LCRA based on the customer’s pro rata share less the amount of water the customer would have saved if the customer had operated its water system in compliance with the DCP.

Sec 13.1112 CoLV Purchased Water Irrigation Schedule

(a) STAGE 1 Moderate Water Shortage Conditions (VoluntaryMandatory Measures). Irrigate outdoors using an in-ground irrigation system or hose-end sprinkler no more than TWICE per week and only during scheduled days and times as indicated below. Hand-watering allowed daily between midnight and 10:00 a.m. or between 7:00 p.m. and midnight.

(1) Residential.

(A) Odd-numbered addresses: Wednesdays and Saturdays.

(B) Even-numbered addresses: Thursdays and Sundays.

(2) Commercial (including large landscapes such as HOA common areas). Tuesdays and Fridays.

(3) Watering Hours. Midnight to 10:00 a.m. and 7:00 p.m. to midnight.

(b) STAGE 2 Moderate Water Shortage Conditions (Mandatory Measures). Irrigate outdoors using an in-ground irrigation system or hose-end sprinkler no more than ONCE per week and only during scheduled days and times as indicated below. Hand-watering allowed daily between midnight and 10:00 a.m. or between 7:00 p.m. and midnight.

(1) Residential.

(A) Odd-numbered addresses: Saturdays.

(B) Even-numbered addresses: Sundays.

(2) Commercial (including large landscapes such as HOA common areas). Fridays.


(c) STAGE 3 Severe Water Shortage Conditions (Mandatory Measures).

(1) Residential. No hose-end sprinkler or automatic irrigation. Hand-watering allowed for 6 hours daily between midnight and 10:00 a.m. or between 7:00 p.m. and midnight.

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(2) Commercial (including large landscapes such as HOA common areas). No hose-end sprinkler or automatic irrigation. Hand-watering allowed for 6 hours daily between midnight and 10:00 a.m. or between 7:00 p.m. and midnight.


(d) STAGE 4 Severe Water Shortage Conditions (Mandatory Measures)/STAGE 5 Emergency Water Conservation Conditions.

(1) Residential. All irrigation prohibited. No hand-watering allowed.

(2) Commercial (including large landscapes such as HOA common areas). All irrigation prohibited. No hand-watering allowed.

(3) Watering Hours. None.

Sec 13.1113 Summary Of CoLV Water Demand, Supply, And Emergency Restriction Stages

Trigger Action

Purchased Water

Irrigation Restriction

Goal Drought Fee ($/LUE/Mo)

End Condition

Demand Triggers

When total daily water demand equals or exceeds 97% in a single day

City Manager implements Stage 4 Severe Water Shortage Condition Restrictions

Prohibited

Reduce purchased water use for affected area to minimum possible water usage

-

City Manager ends Stage 4 Severe Water Shortage Condition Restrictions when triggering events has ceased to exist for 5 consecutive days

When total daily water demand equals or exceeds 95% for 3 consecutive days

City Manager implements Stage 4 Severe Water Shortage Condition Restrictions

Prohibited


-

City Manager ends Stage 4 Severe Water Shortage Condition Restrictions when triggering events has ceased to exist for 5 consecutive days

Supply Triggers

Combined lake storage>900,000 AF

- 2-Days per

Week - - -

Combined lake storage falls below 900,000 AF

City Manager implements Stage 1 Severe Water Shortage

2-Days per Week

Reduce average purchased water use by 10% (use appropriate

$0

Stage 1 Moderate Water Shortage Condition

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Condition Restrictions

historical baseline)

Restrictions ends when combined lake storage rises above 900,000 AF for 30 days


City Council implements Stage 2 Moderate Water Shortage Condition Restrictions

1-Day per Week

Reduce average purchased water use by 20% (use appropriate historical baseline)

$10

City Council ends Stage 2 Moderate Water Shortage Condition Restrictions when combined lake storage rises above 750,000 AF for 30 days


City Council implements Stage 3 Severe Water Shortage Condition Restrictions

No automatic or hose-end irrigation. Hand-watering allowed for 6-hrs per day

Reduce average purchased water use by 30% (use appropriate historical baseline) or in accordance LCRA DCP

$20

City Council ends Stage 3 Severe Water Shortage Condition Restrictions when combined lake storage rises above 600,000 AF for 30 days

LCRA declares Drought Worse than Drought of Record


Prohibited

Reduce purchased water use in accordance with LCRA DCP

$20

City Council ends Stage 4 Severe Water Condition Restrictions when LCRA rescinds DWDOR restrictions

Emergency Triggers

Declared by City Manager because of a CoLV Water Plant failure, a CoLV water distribution system outage, or an LCRA water supply emergency

City Manager implements Stage 5 Emergency Water Conservation Condition Restrictions

Prohibited


TBD

City Manager ends Stage 5 Emergency Water Condition Restrictions once CoLV or LCRA emergency water supply event has been resolved

*****

ARTICLE 13.1400 WATER CONSERVATION PLAN

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AF. An acre-foot is a unit of volume equal to the volume of a sheet of water one acre (0.405 hectare) in area and one foot (30A8 cm) in depth; 43,560 cubic feet (1233.5 cu m).

AMR. Automatic meter reading is radio frequency based collection system for collecting water consumption data and transferring it to a central data base system for billing.

Automatic Irrigation. The operation of an irrigation system with no or minimum of manual intervention besides surveillance. This includes drip, sprinkler, and surface irrigation systems that utilize timers, sensors, computers, or mechanical devices.


Commercial Use. The use of water by a place of business, such as a hotel, restaurant, or office building. This does not include multifamily residences or agricultural, industrial or institutional users.

Connections. A water meter used to provide service to an end user.



DCP. A drought contingency plan is a strategy or combination of strategies for monitoring the progression of a drought and preparing a response to potential water supply shortages resulting from severe droughts or other water supply emergencies.

Drip Irrigation. A form of irrigation that saves water and fertilizer by allowing water to drip slowly to the roots of many different plants onto the soil surface thru a network of valves, tubes, pipes, and emitters.

End User. Any CoLV resident, person, company, or organization using purchased water supplied by the CoLV.

EST. An elevated storage tank is a container raised above ground elevation that holds potable water for long or short term storage. An EST may also be a GST that serves end users at least 100' below the elevation of the floor of the GST.

Finished Water Meter. A meter used to measure the flow of water from a water treatment plant after it has been treated.

GPCD. Gallons per capita per day is the daily average of raw water purchased in a month divided by the annual CoLV population for the year displayed.

GST. A ground storage tank is ground level container that holds potable water for long or short term storage.

Institutional Use. The use of water by an establishment dedicated to public service, such as a school, university, church, hospital, nursing home, prison or government facility. All facilities dedicated to public service are considered institutional regardless of ownership.

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LCRA. The Lower Colorado River Authority is a nonprofit public utility created in November 1934 by the Texas Legislature. LCRA’s mission is to enhance the lives of the Texans it serves through water stewardship, energy and community service.

MGD. Million gallons per day.

Pressure Plane. An isolated portion of the water distribution system supplied by a particular EST or GST.

Process Water Meter. A meter used to measure the potable water used in plant operations at water and wastewater treatment plants.

Purchased Water. Raw water or potable water purchased from the CoLV.

Raw Water Meter. A meter used to measure the raw water purchased from LCRA used in plant operations at water and wastewater treatment plants.

Residential Use. The use of water that is billed to single and multifamily residences, which applies to indoor and outdoor water uses.

Reuse Water. Reclaimed water such as graywater, effluent from a wastewater treatment plant, or flushing water from a water distribution system.

RGPCD. Residential gallons per capita per day is the daily average of the total residential water sold in a month divided by the annual CoLV population for the year displayed.

TAWWA. Texas American Water Works is a group that unites all water professionals in the state to protect public health and all water resources by advancing technology, education, science, management and government policies by leveraging the collective leadership of the over 50,000 members of the American Water Works Association.

TCEQ. The Texas Commission for Environmental Quality is the environmental agency for the state of Texas and the fourth largest environmental agency in the United States. TCEQ strives to protect the state’s public health and natural resources consistent with sustainable economic development.

TTHM. Total trihalomethanes are a cancer causing byproduct produced when chlorine is used to disinfect potable water containing organics.

TWDB. The Texas Water Development Board is the state agency in charge water conservation and long range water planning for the state.

WCP. Water conservation plan is the CoLV plan that was developed to meet the Lower Colorado River Authority (LCRA) water conservation rules in accordance with the LCRA Firm Water contract administrative rules.

Water Customer. Any CoLV resident, person, company, or organization using purchased water supplied by the CoLV.

WCAC. The Texas Water Conservation Advisory Council provides a professional forum for the continuing development of water conservation resources, expertise, and progress evaluation of the highest quality for the benefit of the state. The WCAC also selects the Blue Legacy award recipients annually.

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WWTP. A wastewater treatment plant is a facility that converts wastewater, which is water no longer needed or suitable for its most recent use, into an effluent that can be either returned to the water cycle with minimal environmental issues or reused.

Water Service Area. The area served by the CoLV’s water plants.

WTP1. Water treatment plant #1 is located at 21011 Seminole Drive, Lago Vista Texas 78645, was built in 1984, and consists two 1.0 MGD Enviroquip upflow clariers. WTP1 was last upgraded in 2017.

WTP2. Water treatment plant #2 is located at 21011 1/2 Dawn Drive, Lago Vista Texas 78645, was built in 1970, and consists two 0.5 MGD Roberts Package Plants. WTP2 was decommissioned in April 2017.

WTP3. Water treatment plant #3 is located at 6444 Marshall’s Point Cove, Lago Vista Texas 78645, was built in 2015, and consists a 2.0 MGD Trident Package Plant. WTP3 can be expanded to 8.0 MGD and has the deepest water intake on Lake Travis.

Wholesale Purchased Water Customer. An entity that purchases bulk water for construction purposes or resale to agricultural, residential, commercial, industrial, or governmental end users.

Sec 13.1402 Introduction

(a) The city’s (CoLV) municipal (purchased) water conservation plan (WCP) has been developed to meet the Lower Colorado River Authority (LCRA) water conservation rules in accordance with the LCRA firm water contract administrative rules. This municipal WCP recognizes that purchased water conservation is a valuable tool in managing water utility systems. Benefits of purchased water conservation include: extending available water supplies; reducing the risk of shortage during periods of extreme drought; reducing water utility operating cost; improving the reliability and quality of water utility service; reducing customer cost for water service; and enhancing water quality and the environment.

(b) All LCRA firm water users are required to develop and formally adopt WCPs for their own systems in accordance with title 30 Texas Administrative Code (TAC) sections 288, subchapter A, water conservation plans, and subchapter C, required submittals. Furthermore, being located within the regional water planning area of region K, a copy of the WCP has been provided to the region K water planning group.

(c) This municipal WCP applies to all of CoLV’s retail water customers located with its water service area, as defined in its water supply contract with LCRA. Because the CoLV has a zero discharge permit for its wastewater treatment plant (WWTP), the CoLV Municipal WCP does not apply to reuse water purchased by any CoLV water customer.

Sec 13.1403 Utility Profile Information

(a) As of October 2017, there were approximately 3,642 connections in the CoLV’s water service area. Based on the 2015 Texas State Data Center calculations, there are 1.9 persons per household in this service area, so the September 2017 estimated population is 7,065. The projected population at full build out is estimated to be approximately 40,000 persons, or 17,334 additional connections. The population is expected to grow at 5.4% per year until 2022 and when the growth rate increases to 8.0% per year with full build out projected in 2040.

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(b) Table 1 in appendix A to Ordinance 18-01-18-01 provides information on monthly purchased water use data for the past five years. The 5-year average monthly purchased water use was 118.388 AF. The five-year average purchased water loss was 12%. The five-year peak for monthly purchased water use was 157.505 AF.

(c) Table 2 in appendix A to Ordinance 18-01-18-01 shows residential water use for the past five years as 88.731 total residential gallons per capita per day (RGPCD) and 188.555 purchased water gallons per capita per day (GPCD).

Sec 13.1404 Water Conservation Goals

Water conservation five and ten year goals are required for overall water use, residential water use and water loss. The goals proposed by the CoLV are as follows:

5-year goals 10-year goals

Gallons per person per day (GPCD) 182.899 179.127

Residential gallons per person per day (RGPCD) 86.513 84.295

Water loss 10% 8%

Sec 13.1405 Water Conservation Strategies

(a) Water Loss.

(1) Universal Metering, Meter Replacement, and Meter Repair.

(A) The CoLV requires that the following end users be metered:

(i) All municipal utility purchased water customers must be metered.

(ii) All municipal irrigation purchased water customers must be metered.

(iii) All wholesale purchased water customers must be metered.

(iv) All construction projects both private and public using purchased water must be metered.

(v) All purchased water bulk water sales from a fire hydrant must be metered.

(vi) All CoLV buildings and facilities using purchased water must be metered.

(vii) All irrigation for CoLV medians and parks using purchased water must be metered.

(viii) All CoLV water treatment plants must have the following water meters:

(1) Raw water meters.

(2) Process water meters.

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(3) Finished water meters.

(ix) All CoLV booster pump stations must be metered.

(x) All CoLV water distribution flushing must be metered.

(xi) All CoLV wastewater treatment plants using purchased water must be metered.

(xii) All CoLV lift stations using purchased water must be metered.

(B) The CoLV requires all water meters to be accurate within plus or minus 5 percent of the indicated flow over the possible flow range.

(C) A regularly scheduled maintenance program of meter repair, replacement and calibration will be performed in accordance with recommended meter manufacturer guidelines following the minimum schedule by meter size:

(i) Finished water meters: Test once a year.

(ii) Master water meters: Test once a year.

(iii) Water meters larger than 1": Test per manufacturer’s recommendations.

(iv) Water meters 1" or smaller: Test per manufacturer’s recommendations.

(v) Automatic meter reading (AMR) registers and brass meter bodies will be replaced system wide every 7 to 10 years.

(D) Zero consumption accounts will be checked monthly to see if water is actually being used and not recorded. In addition, the meters will be checked for proper sizing for all new installations and during reconnections. The CoLV plans to continue to change out its AMR water meters every 7 to 10 years. The last CoLV water service area meter replacement program was completed in 2013.

(2) Distribution System Leak Detection and Repair.

(A) In order to meet the CoLV’s purchased water loss goal and in accordance with Texas Water Development Board (TWDB) rules, the CoLV will:

(i) Repair all purchased water leaks in a timely fashion.

(ii) Conduct purchased water distribution leak detection audits as needed.

(iii) Monitor current purchased water loss through monthly water production and usage reports.

(iv) Conduct and submit yearly purchased water loss audits to the TWDB.

(B) New measures and strategies to proactively reduce purchased water loss will be considered as feasible, including measures to reduce water lost within the water treatment process, line flushing and identifying/repairing waterline leaks quickly.

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(3) Additional Water Loss Best Management Practices.

(A) The CoLV currently utilizes the following water loss best management practices:

(i) AMR water meters and computer based water auditing software. The AMR software alerts the CoLV utility billing staff to end users with slow leaks, high usages, defective irrigation systems or any combination of these situations.

(ii) The CoLV has abandoned the use of the leaky legacy PVC and ductile iron piping systems, becoming the second city in the US to adopt the sole use of the leak free fused HDPE pipe for all future distribution piping that will be installed in its water, wastewater, and reuse water distribution systems. Currently, 30% of the water distribution system, 65% of the wastewater force main system, and 41% of the reuse water transmission lines are leak free fused HDPE pipe.

(iii) CoLV strategies to minimize distribution flushing water losses that include the following:

(1) Looping dead end waterlines within a pressure plane.

(2) Looping dead end waterlines between pressure planes.

(3) Developing an innovative tank mixing process for ground storage tanks that eliminated the need to flush the ground storage tank (GST) because of high trihalomethanes levels.

(iv) Chlorine injection stations have been placed strategically throughout the water distribution system in order to avoid the need for excessive flushing in order to keep chlorine residuals in compliance with Texas Commission for Environmental Quality (TCEQ) regulations.

(v) A proactive leak detection program is being used to decrease water loss in the water distribution system.

(vi) At water treatment plant #1 (WTP1), backwash water and sludge blanket draw down water is sent to the WWTP where it is processed into reuse water.

(vii) Water treatment plant #2 (WTP2) was decommissioned in April 2017.

(viii) At water treatment plant #3 (WTP3), backwash water is decanted and mixed with the raw water inflow to the water plant.

(ix) Reuse water from the WWTP is used to irrigate the Lago Vista Golf Course (LVGC) and Highland Lakes Golf Course (HLGC). The Grille at Highland Lakes uses reuse water to irrigate its 2 acres of grass surrounding the restaurant.

(x) The CoLV is planning to start irrigating local ball fields with reuse water instead of purchased water as the supply of reuse water increases and becomes available.

(B) The CoLV received three water conservation awards for water loss best management practices in 2017:

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(i) The water conservation advisory council’s (WCAC) 2017 Blue Legacy Award for Municipal Water Suppliers Retail Water Supplier - [Population < 10,000] System Water Loss Reduction under “Other” Program.

(ii) The Texas Water Development Board’s (TWDB) 2017 Innovative Water Supply Award (Conservation Category) for Ground Storage Tank Mixing/ TTHM Removal Project.

(iii) The Texas American Water Works Association’s (TAWWA) 2017 Texas Water Conservation & Reuse Award Small Utility Direct - [Population < 50,000].

(C) The CoLV is considering a multi-year citywide water distribution pipe replacement strategy to upgrade to HDPE pipe as our future “standard pipe type” as displayed in appendix C to Ordinance 18-01-18-01. Implementation details have not been developed as of this plan approval. By migrating to one standard HDPE pipe type that has 100-year life, CoLV expects savings in the following areas:

(i) Water loss per mile of distribution system pipe will be reduced as the legacy Galvanized, Ductile iron, PVC class pipe, PVC C900 pipe and AC pipe are replaced with leak free HDPE pipe.

(ii) The elimination of the 5 legacy piping systems will result:

(1) In a standardized piping system that is easier and faster to fix with less water losses.

(2) The elimination of a large legacy pipe repair parts inventory and tooling that can be difficult to work with during emergency repairs.

(3) The elimination of future training hours for repairing legacy piping systems.

(D) PVC class pipe will be scheduled for replacement first followed by galvanized pipe and ductile iron pipe types. The CoLV will be monitoring each legacy piping system to identify when that particular legacy piping system start failing at a rate of one leak per mile per year, necessitating replacement per AWWA standards.

(b) Water Rates and Records Management.

(1) Increasing Purchased Water Block Rates. The CoLV uses a base rate structure that promotes purchased water conservation with an increasing multi-tiered rate structure for residential, commercial, and irrigation purchased water end users. The CoLV reevaluates its rate structure periodically in order to promote purchased water conservation to the maximum extent possible. Future CoLV updated rates structures shall be submitted to LCRA within 30 days of adoption. The current rate structure can be found in appendix B to Ordinance 18-01-18-01 and is located on the CoLV utility web site.

(2) Purchased Water Consumption Monitoring and Billing Records Management.

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(A) The CoLV’s utility billing staff maintains monthly records of purchased water sales, consumption reports, and utility bills on a central server that can be used to compile, present, and view purchased water-use and billing information.

(B) The billing system is capable of separating water-use per customer type into the following categories: residential, irrigation, and commercial. Any new billing system purchased by the CoLV will be capable of reporting detailed water use data by single-family residential, multifamily residential, irrigation, commercial, industrial, institutional, agricultural and wholesale.

(c) Water Reuse.

(1) The CoLV operates a 1.0 million gallon per day (MGD) WWTP. Reuse water from the WWTP is used to supplement the irrigation supply needs of the following properties:

(A) 85 irrigated acres of the Highland Lakes Golf Course.

(B) 113 irrigated acres of the Lago Vista Golf Course.

(C) 2 irrigated acres of the Grille at Highland Lakes.

(D) 67 irrigated acres of bird habitat at the Cedar Breaks Effluent Disposal Site.

(2) The treated wastewater effluent currently produces an average 0.412 MGD per day and 100% of that effluent is utilized for the beneficial irrigation uses listed above.

(3) Additional Water Reuse Best Management Practices. The CoLV is planning to start irrigating local ball fields with reuse water instead of purchased water as the municipal supply of reuse water increases and becomes available.

(d) Education and Outreach.

(1) Required Measures. Throughout the year, purchased water conservation literature will be made available to end users regarding purchased water conservation, native landscaping, and other related topics to garden clubs, homeowner associations, and various others interested groups. CoLV staff may attend such events or request a presentation from LCRA staff to promote purchased water conservation.

(2) Additional Best Management Practices.

(A) Financial Rebates. Customers will be offered irrigation technology and other rebates from the LCRA. CoLV will assist LCRA with promoting water conservation programs to its customers.

(B) Hotels currently being proposed will be strongly encouraged to adopt a hotel linen reuse option policy where linens are only changed out upon request during multi-night short stays.

(e) Other Best Management.

(1) Permanent landscape watering schedule for spray irrigation. This schedule limits outdoor spray irrigation for landscapes to no more than twice a week on the following days and times:

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(A) Residential addresses ending in odd numbers: Wednesdays and Saturdays.

(B) Residential addresses ending with even numbers: Thursdays and Sundays.

(C) Commercial customers: Tuesdays and Fridays.

(D) Watering times: Midnight to 10:00 a.m. and 7:00 p.m. to midnight.

(2) Temporary landscape watering schedule variance for new landscapes. New landscapes can be watered according to the following schedule for the first 30 days after installation.

(B) Days 1 through 21: Spray irrigation allowed every day.

(C) New variance application is required to continue temporary irrigation.

(D) Days 22 through 42: Spray irrigation allowed every other day.

(E) No further variances allowed.

(F) Watering times: Midnight to 10:00 a.m. and 7:00 p.m. to midnight.

(3) Landscape conservation requirements for new development: The CoLV shall incorporate appendix D to Ordinance 18-01-18-01 of this plan into its adopted rules and regulations.

(4) Swimming pool construction requirements for new pools: The CoLV shall incorporate appendix E to Ordinance 18-01-18-01 of this plan into its adopted rules and regulations.

Sec 13.1406 Wholesale Water Conservation Plans

(a) Wholesale treated water customers must develop a drought contingency plan (DCP) and a water conservation plan (WCP) in accordance with LCRA water contract rules. The plans must include a governing board resolution, ordinance, or other official document noting that the plans have been formally adopted by the wholesale purchased water customers.

(b) Wholesale purchased water customers must include in their wholesale water supply contracts the requirement that each successive wholesale purchased water customer must develop, implement, and regularly update their DCP and WCP, subject to CoLV and LCRA approval, and consistent with title 30 Texas Administrative Code (TAC) sections 288, subchapter A, water conservation plans, and subchapter C, required submittals.

Sec 13.1407 Coordination With Regional Water Planning Group

The water service area of the CoLV is located within the Lower Colorado River Water Planning Area (Region K) of the State of Texas and the CoLV has provided or will provide a copy of this water conservation plan to the regional water planning group. The plan can be sent to the LCRA, do Water Contracts and Conservation, P.O. Box 220, Austin, Texas 78703.

Sec 13.1408 Authorization And Implementation

(a) The city manager of CoLV, or his/her designee, is hereby authorized and directed to implement the applicable provisions of this municipal WCP. The city manager, or his/her designee, will act as administrator of the water conservation program. He/she will oversee the execution and

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implementation of the program and will be responsible for keeping adequate records for program verification. A signed and dated copy of this plan by the city manager or his/her designee will be sufficient to meet this requirement.

(b) Municipal WCP Implementation. The CoLV has designated a water conservation coordinator, who will be responsible for the implementation of this water conservation plan. The current water conservation coordinator is the CoLV Director of Public Works. The City Manager, or his/her designee, may re-appoint this position. At that time, the CoLV will inform LCRA about this personnel change.

(Ordinance 18-01-18-01 adopted 1/18/18)

ARTICLE 13.1500 REUSE DROUGHT CONTINGENCY PLAN


AF. An acre-foot is a unit of volume equal to the volume of a sheet of water one acre (0.405 hectare) in area and one foot (30.48 cm) in depth; 43,560 cubic feet (1233.5 cum).


Cedar Breaks. A 313-acre tract of land located at 21970 FM 1431. used by the CoLV to dispose of effluent (TCEQ 205 WWTP Discharge Permit) and apply reclaimed water (TCEQ 210A Reclaimed Water Authorization Permit).

CoLV. The City of Lago Vista. is a city located in Northwest Travis County, Texas, United States.


Crop. The teeing area, fairways, greens, driving range, and putting green for the HLGC and LVGC.


DCP. A drought contingency plan. It is a strategy or combination of strategies for monitoring the progression of a drought and preparing a response to potential water supply shortages resulting from severe droughts or other water supply emergencies.

Domestic Water Use. Purchased water used for personal needs or for household or sanitary purposes such as drinking, bathing, heating, cooking, sanitation, or for cleaning a residence.

Drip Irrigation. Is a form of irrigation that saves water and fertilizer by allowing water to drip slowly to the roots of many different plants onto the soil surface thru a network of valves, tubes, pipes, and emitters.

Driving Range. An area where golfers can practice their golf swingshitting golf balls.

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DWDOR. The drought worse than drought of record is any time period drier than the 1947-57 drought previously considered the worst on record. The Highland Lakes include Lakes Travis, Buchanan, Inks, LBJ and Austin. Lakes Travis and Buchanan are surge lakes and serve as the primary water supply for the CoLV and several other Central Texas cities.

Effluent. The treated wastewater discharged from the CoLV’s wastewater treatment plant.

Fairways. The area of a golf course between the teeing area and the greens.


Hand-watering. Refers to the application of purchased water for irrigation purposes through a hand-held hose or watering container. A person must be physically holding the hose or container. Watering by hand cannot occur unattended.

HLGC. The golf course formerly known as the Highland Lakes Golf Course and refers only to the teeing area, fairways, roughs, out of bounds areas, greens, driving range, and practice areasputting green for an eighteen-hole golf course in the city.

HLGC Authorized Representative. The senior manager for the HLGC., currently the CoLV city manager.

Hose-End Sprinkler. Irrigation of a landscaped area utilizing an above ground hose and a hose-end sprinkler.

Industrial Water Use. The use of purchased water in processes designed to convert materials of lower value into forms having greater usability and value.

In-Ground Irrigation System. A system of underground pipes attached to sprinkler heads used to irrigate landscaped areas.

LVGC. The Lago Vista Golf Course. refers only to the teeing area, fairways, greens, driving range, and putting green for an eighteen-hole golf course in the city.

LVGC Authorized Representative. TThe senior manager for the LVGC, currently the CoLV city manager.

LCRA. The Lower Colorado River Authority. is a nonprofit public utility created in November 1934 by the state legislature. LCRA’s mission is to enhance the lives of the Texans it serves through water stewardship, energy and community service.

Nonessential Reuse-Water Use. RPurchased reuse -water uses that are not essential or required for the protection of public health, safety, and welfare including:

(a) Use of reusepurchased water to wash any motor vehicle, motorbike, boat, trailer, airplane or other vehicle.

(b) Use to wash down any sidewalks, walkways, driveways, parking lots, tennis courts, or other hard-surfaced areas.

(c) Use of purchased water to wash down buildings or structures for purposes other than immediate fire protection.

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(d) Flushing gutters or permitting purchased water to run or accumulate in any gutter or street;

(e) Use in a fountain or pond for aesthetic or scenic purposes except where necessary to support aquatic life.

(f) Failure to repair a controllable leak(s) within a reasonable period after having been given notice directing the repair of such leak(s).

(g) Irrigation of roughs and nonplay areas.

Non-play Area. Aany area on a golf coursethe HLGC that is irrigated with reclaimed water and is not a teeing area, fairway, green, driving range, putting green or a rough.

Owner. the HLGC and LVGC property owner listed on the Travis County Central Appraisal District’s tax rolls., currently the CoLV.


Putting Green. An area of closely trimmed grass surrounding practice holes.

Reuse Water or Reclaimed Water. Reclaimed water such as gray water, effluent from a wastewater treatment plant, or flushing water from a water distribution system.


TCEQ. The Texas Commission for Environmental Quality is the environmental agency for the state of Texas and the fourth largest environmental agency in the United States. TCEQ strives to protect Texas’ public health and natural resources consistent with sustainable economic development.

TCEQ 205 WWTP Discharge Permit (205 Permit). A renewable permit issued by the TCEQ that authorizes the CoLV to operate the WWTP.

TCEQ 210A Reclaimed Water Authorization Permit (210A Permit). A permit issued by the TCEQ that authorizes the CoLV to apply reclaimed water to certain tracts of land.

Teeing Area. Is an area where a player starts the hole by striking the ball.

Water Curtailment Plan. A plan to reduce the supply of water being provided by LCRA through a diversion contract by reducing the amount of water served under the contract for a specific period of time. Curtailment may occur during drought or other emergency conditions.

Wholesale Purchased Water Customer. An entity that purchases bulk domestic water or reclaimed water for construction purposes or resale to agricultural, residential, commercial, industrial, or governmental end users.

Sec 13.1502 Declaration of Policy, Purpose, And Intent

(a) LCRA provides contracts to customers for water supply. In cases of extreme drought, periods of abnormally high usage, system contamination, or extended reduction in ability to supply water due to equipment failure, LCRA may require water customers to institute temporary restrictions to limit

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nonessential purchased water usage. The goal of any DCP is to cause a reduction in water use in response to drought or emergency conditions so that water availability can be maintained. Since emergency conditions can occur rapidly, responses must also be enacted quickly. This plan has been prepared in advance considering conditions that will initiate and terminate the emergency management program.

(b) The purpose of the municipal customers DCP is to encourage a reduction of purchased water use by the municipal customers, including golf courses, in order to maintain supply, storage, pressure or to comply with the requirements of a court, government agency or other authority.

(c)(a) The purpose of the reclaimed water DCP is to encourage a reduction of reclaimed water use by the golf courses and other reuse water users in order to maintain an adequate supply and storage of reclaimed water during a drought so that purchased water may be conserved.

(d) All LCRA firm water users are required to develop and formally adopt drought contingency plans for their own systems in accordance with title 30 Texas Administrative Code sections 288.20 and 288.22. The water supply triggers and target reduction goals for the municipal customers, including HLGC and LVGC, must be consistent with the LCRA DCP. The CoLV, and all wholesale water customers of CoLV, must develop and formally adopt a revised DCP every 5 years consistent with the current CoLV Reuse DCP. Further, being located within the regional water planning area of Region K, a copy of the DCP has been provided to the Region K Water Planning Group.

Sec 13.1503 Public Involvement/Public Education

(a) Opportunity for the public to provide input into the preparation of the DCP was provided by the city council by scheduling and providing public notice of a public meeting to accept input on the DCP. Notice of the public meeting was posted continuously in a location accessible to the public at least 72 hours prior to the public meeting. In the adoption of this DCP, the city council considered any and all comments offered from the public.

(b) The CoLV, HLGC, and LVGC:

(1) The CoLV, or owner, will periodically provide its employees, members, and the general public with information about this DCP, including the importance of the plan, information about the conditions under which each stage of the plan is to be initiated, processes to reduce reusepurchased water usage, and impending or current drought conditions.

(2) Reuse water reductionDrought requirementsplan information will be provided by means of: meetings with staff, newsletter articles, brochures at city hall, bill stuffers, social media, clubhouse (where applicable), and on the entity website.

Sec 13.1504 Permanent ReusePurchased Water Use Restrictions

The following restrictions apply to all CoLV purchased reclaimed water customers and users on a year-round basis, regardless of water supply or water treatment plant production conditions. According to the restrictions, a reusepurchased water user shall not:

(a) Fail to repair a controllable leak including:


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(2) A leaking valve.

(3) Leaking or broken pipes.

(4) A leaking faucet.

(b) Operate an irrigation system with:


(2) A sprinkler head that is out of adjustment and the arc of the spray head is over a street or parking area.

(3) A sprinkler head that is fogging or misting because of excessive water pressure.

(c) During irrigation, allow reusepurchased water to:

(1) Run off a property and form a stream of purchased water in a street for a distance of 50 feet or greater.

(2) Pool in a street or parking lot to a depth greater than one-quarter of an inch.

Sec 13.1505 Initiation, Restrictions, And Termination of Drought Response Stages

(a) Monitoring. The city manager shall monitor reuse water supply and demand conditions on a regular basis and shall determine when conditions warrant initiation and termination of each stage of water conservation measures in accordance with this ArticleDCP and advise the city council of same. Reuse wWater supply conditions will be determined by the source of supply, system capacity, and weather conditions. Water demand will be measured by the peak daily demands on the system.

(1) The city manager shall be responsible for the initiation and termination of the twofour supply triggers drought stages based on the criteria as outlined below.d in Section 13.1510, and in accordance with LCRA’s DCP.

(2) The city manager shall be responsible for the initiation and termination of any demand triggers or emergency triggers responses based on the criteria as outlined in Section 13.1510, and in accordance with LCRA’s DCP.

(3) The city engineer shall be responsible to verify that a 90-day supply of available reclaimed irrigation water exists quarterly in accordance with the criteria outlined in Section 13.1509. Should a reclaimed irrigation water usage restriction be imposed, then the city engineer shall be responsible to calculate the available supply of reclaimed irrigation water monthly. in accordance with the criteria outlined in Section 13.1510.

(b) Notification.

(1) Purchased or Domestic Water. CoLV public notification of the initiation or termination of drought response stages shall be by a variety of ways, examples include: brochures at city hall, bill stuffers, e-mail and automated telephone calls, CoLV website, social media, signs posted at entry points to the service area or a combination of these methods.

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(2)(1) Reclaimed Water. If a reclaimed irrigation water usage restriction is imposed the CoLV shall notify all reclaimed water customers monthly of the results of the 90-day available supply reclaimed irrigation water forecast until the reclaimed irrigation water usage restriction is ended as outlined in Section 13.1510. Additional methods of notification outlined in the purchased water notification may be used as needed.

(c) Triggering Criteria for Initiation and Termination of the Reclaimed Water Drought Response Stages. The following triggering criteria for initiation and termination of reuse water conservation measures and restrictions shall apply to the CoLV reclaimed water utility system, its customers, and its customer service area including the golf courses and parks.

(1) Normal Water Storage Conditions.

(A) Requirements for Initiation of Reclaimed Water Irrigation Restrictions. If less than a 90-day supply of reclaimed irrigation water remains, discontinue reclaimed water irrigation of all roughs and other non-play areas.

(B) Requirements for Termination of Reclaimed Water Irrigation Restrictions. When more than a 90-day supply of reclaimed irrigation water has existed for 30 days


(A) Requirements for Initiation of Reclaimed Water Irrigation Restrictions and Restrictions. If less than a 90-day supply of reclaimed irrigation water remains, discontinue reclaimed water irrigation of all roughs and other non-play areas.

(B) Requirements for Termination of Reclaimed Water Irrigation Restrictions. When more than a 90-day supply of reclaimed irrigation water has existed for 30 days.


(A) Requirements for Initiation of Reclaimed Water Irrigation Restrictions. The city manager shall implement stage 2 moderate water shortage conditions when the combined storage of Lakes Travis and Buchanan equals or falls below 750,000 AF for 30 consecutive days.

(B) Requirements for Termination of Reclaimed Water Irrigation Restrictions. The city manager shall implement stage 1 moderate water shortage conditions when the combined storage of Lakes Travis and Buchanan exceeds 750,000 AF for 30 consecutive days.

(C) Requirements for Initiation of Reclaimed Water Irrigation Restrictions. Discontinue reclaimed water irrigation of all roughs and other nonplay areas, and limit fairway irrigation to twice per week unless reclaimed water ponds are at 50% capacity.

(D) Requirements for Termination of Reclaimed Water Irrigation Restrictions. When the city manager ends stage 2 severe water shortage condition restrictions.

(4)(3) STAGE 23 Severe Water Shortage Conditions (Mandatory Measures).

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(A) Requirements for Initiation. The city manager shall implement stage 3 severe water shortage conditions when the combined storage of Lakes Travis and Buchanan equals or falls below 600,000 AF for 30 consecutive days.

(B) Requirements for Termination. The city manager shall implement stage 2 moderate water shortage conditions when the combined storage of Lakes Travis and Buchanan exceeds 600,000 AF for 30 consecutive days.

(C)(A) Requirements for Initiation of Reclaimed Water Irrigation Restrictions and Restrictions. Discontinue reclaimed water irrigation of all roughs and other non-play areas, and limit fairway irrigation to twice per week unless reclaimed water ponds are at 50% capacity.

(D)(B) Requirements for Termination of Reclaimed Water Irrigation Restrictions. When the city manager ends stage 23 severe water shortage condition restrictions.


(A) Requirements for Initiation of Reclaimed Water. The city manager shall implement stage 4 severe water shortage conditions when one or a combination of such triggering criteria occurs:

(i) The LCRA board declares a drought worse than the drought of record (DWDOR) or other water supply emergency and orders the mandatory curtailment of firm water supplies.

(ii) Upon notification from LCRA that it is declaring a DWDOR.

(B) Requirements for Termination of Reclaimed Water. The city manager shall implement stage 3 severe water shortage conditions when the LCRA announces that the DWDOR mandatory water restrictions for firm water customers are no longer required.

(C) Requirements for Initiation of Reclaimed Water Irrigation Restrictions. Discontinue reclaimed water irrigation of all roughs and other nonplay areas, and limit fairway irrigation to twice per week unless reclaimed water ponds are at 50% capacity. The city manager may impose additional reclaimed water irrigation restrictions as drought conditions, size & number of crops, and effluent production dictate.

(D) Requirements for Termination of Reclaimed Water Irrigation Restrictions. When the city manager ends stage 4 severe water shortage condition restrictions.

(6)(4) STAGE 35 Emergency Water Conservation Conditions.

(A) Requirements for Initiation. The city manager shall implement stage 35 emergency water conservation conditions when one or a combination of such triggering criteria occurs:

(i) LCRA declares a natural or man-made contamination of the water supply source.

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(ii) Any other emergency water supply or demand conditions that the LCRA general manager or the LCRA board determines that either constitutes a water supply emergency.

(iii)(i) The CoLV declares a reuse water demand emergency.

(iv)(ii) The CoLV declares a treatment plant emergency.

(v)(iii) The CoLV declares a reuse water distribution system outage.

(B) Requirements for Termination. When the LCRA and/or city manager announce that the stage 35 emergency water conservation conditions water restrictions are no longer required.

(C) Requirements for Initiation of Reclaimed Water Irrigation Restrictions and Restrictions. Discontinue reclaimed water irrigation of all roughs and other non-play areas (for golf courses), and limit fairway irrigation to twice per week unless reclaimed water ponds are at 50% capacity. The city manager may impose additional reclaimed water irrigation restrictions as drought conditions, size & number of crops, and effluent production dictate.

(D) Requirements for Termination of Reclaimed Water Irrigation Restrictions. When the city manager ends stage 35 emergency water shortage condition restrictions.

Sec 13.1506 Enforcement

Failure by the owner to comply with any CoLV declared demand, supply, or emergency reclaimed water restriction stage as detailed in this plan may result in possible fines outlined in the enforcement section for the city’s latest adopted domestic water drought contingency plan.

Sec 13.1507 Notification To LCRA Reserved

Notification of any mandatory provisions of the CoLV customers DCP shall be made to the LCRA general manager by the city manager in writing within five (5) business days of implementation.

Sec 13.1508 Implementation Reserved

(a) By signing this article, the CoLV authorized representative warrants and represents that:

(1) The city council has approved this plan; and

(2) The representative is authorized by the city council to implement this plan.

(b) In a shortage of water not covered by the LCRA water management plan or other conservation plan approved by TCEQ applicable to LCRA’s firm water supply, a water contract customer who fails to implement its applicable DCP is subject to curtailment of firm water supply by LCRA based on the customer’s pro rata share less the amount of water the customer would have saved if the customer had operated its water system in compliance with the DCP.

Sec 13.1509 CoLV 90-Day Available Supply Of Reclaimed Irrigation Water Calculation Formula

The calculation for the 90-day available supply of reclaimed irrigation water will be done as follows:

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"X" =Available Storage + Reuse Production

"Y" = Reuse Water + 1.185 MG

"X"-"Y" = "Z"

Where:

Available Storage = Current supply of reclaimed irrigation water in Pond 17 & Cedar Breaks pond.

Reuse Production= Projected WWTP effluent production for the next 3 months.

Reuse Water = Projected monthly reclaimed irrigation water usage for the next 3 months using the historic monthly reuse usage data from the last two years.

90-day Cedar Breaks Sprinkler Maintenance Usage = (0.395 MGD/month) X 3 = 1.185 MG

The following actions occur based upon the value of “X”:

If “Z” is > 0, then no action is required.

If “Z” is < 0, then the reclaimed irrigation water restriction should be declared.

Sec 13.1510 Summary Of CoLV Reclaimed Water Demand And Emergency Restriction Stages

Trigger Action Available Reclaimed

Irrigation Water*

Reclaimed Irrigation Water

Usage Restriction **

***

End Condition

Demand Triggers

When total daily water demand equals or exceeds 97% in a single day

City Council implements Stage 4 Severe Water Condition Restrictions

If less than a 90-day supply of reclaimed irrigation water remains,

then discontinue reclaimed water irrigation of all roughs and other non-play areas.

When more than a 90-day supply of reclaimed irrigation water has existed for 30 days

When total daily water demand equals or exceeds 95% for 3 consecutive days



then discontinue reclaimed water irrigation of all roughs and other non-play areas.


Supply Triggers

Combined lake storage>900,000 acre-feet (MAF)

-


then discontinue reclaimed water irrigation of all

roughs and other non-play areas.



City Council implements Stage 1 Moderate Water

If less than a 90-day supply of reclaimed

then discontinue reclaimed water irrigation of all

When more than a 90-day supply of reclaimed

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Shortage Condition Restrictions

irrigation water remains,

roughs and other non-play areas.

irrigation water has existed for 30 days


City Council implements Stage 2 Moderate Water Shortage Condition Restrictions

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Discontinue reclaimed water irrigation of all roughs & other non-play areas, and limit fairway irrigation to twice per week unless reclaimed water ponds are at 50% capacity.

City Council ends Stage 2 Moderate Water Shortage Condition Restrictions when combined lake storage rises above 750,000 acres-feet (AF)



-



LCRA declares Drought Worse than Drought of Record


-



Emergency Triggers

Declared by City Manager because of a CoLV Water Plant failure, a CoLV water distribution system outage, or an LCRA water supply emergency

City Manager implements Stage 5 Emergency Water Condition Restrictions

-


City Council ends Stage 5 Emergency Water Condition Restrictions once emergency event has been resolved

*The available 90-day supply of reclaimed irrigation water will be calculated quarterly by the City Engineer.

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**If a Reclaimed Irrigation Water Usage Restriction is imposed, then the available 90-day supply of reclaimed irrigation water will be calculated monthly by the City Engineer.

***The City Council may impose additional reclaimed water irrigation restrictions as drought conditions, size & number of crops, and effluent production dictate.

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CHAPTER 1

GENERAL PROVISIONS

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ARTICLE 1.1900 GOLF COURSES

DIVISION 1 GOLF COURSES - GENERALLY

Sec 1.1901 Use Of Golf Course Facilities During Certain Hours Prohibited

The operating hours of the Lago Vista Golf Course and the Highland Lakes Golf Course are generally 7:00 a.m. to 7:30 p.m., unless a special event is being held. A person may not be present on or at the golf course facilities outside of operating hours. It is an affirmative defense to this section if, at the time of the alleged violation, the person was present at the golf course facilities in accordance with his/her official duties as an employee of the city or during an official special event held after normal operating hours.

Sec 1.1902 Authorized Vehicles

Use of the golf course is limited to the following vehicles: (1) golf carts; and (2) nonmotorized bicycles. The authorized vehicles may only be operated on the provided cart paths, and may not be taken off the paths and used on any grass, gravel, or other nonpaved surface. Emergency vehicles and city vehicles are allowed at all times.

Sec 1.1903 Prohibited Uses

The following vehicles may not be used on the golf course facilities, either on the provided cart paths or anywhere else: (1) unauthorized motorized vehicles; (2) skateboards; (3) long boards; (4) roller blades; and (5) roller skates. This is a nonexclusive list, and includes any motorized or nonmotorized vehicles that are not specifically authorized by Section 1.1902. Signs shall be posted at various locations as shown on exhibit A, attached to Ordinance 18-01-04-05 and incorporated herein but lack of signage shall not be a defense to prosecution.

Sec 1.1904 Penalties

A person commits an offense if the person violates any provision of Sections 1.1901–1.1903 of this article. An offense under this section is considered a class C misdemeanor, and, upon conviction in the municipal court of the city, shall be subject to a fine in accordance with the general penalty provision set forth in Section 1.109 of this code.


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Secs 1.1905 - 1.1930 (Reserved)

DIVISION 2 DROUGHT CONTINGENCY PLAN

Sec 1.1931 Policy, Purpose, And Intent

LCRA provides contracts to customers for water supply. In cases of extreme drought, periods of abnormally high usage, system contamination, or extended reduction in ability to supply water due to equipment failure, LCRA may require water customers to institute temporary restrictions to limit nonessential water usage. The purpose of the drought contingency plan is to encourage a reduction of water use in order to maintain supply, storage, or pressure or to comply with the requirements of a court, government agency or other authority.

Sec 1.1932 Public Education

(a) The city will periodically provide its employees, members, and the general public with information about this drought contingency plan, including the importance of the plan, information about the conditions under which each stage of the plan is to be initiated, processes to reduce water usage, and impending or current drought conditions.

(b) Drought plan information will be provided by means of: meetings with staff, newsletter articles, and information sheets available on site.

Sec 1.1933 Initiation And Termination Of Response Stages

(a) The city council will be responsible for the initiation and termination of drought response stages based on the triggering criteria set forth in this plan in accordance with LCRA’s water management plan.

(b) Triggering criteria for initiation and termination of drought response stages:

(1) Stage 1 - Mild Water Shortage Conditions (Voluntary Measures).

(A) Requirements for Initiation. Stage 1 will be initiated when one or a combination of such triggering criteria occurs:

(i) Combined storage of Lakes Travis and Buchanan reaches 1.4 million acre-feet in accordance with the LCRA drought contingency plan for firm water customers (LCRA DCP); and

(ii) Upon notification from LCRA that it is implementing stage 1 of the LCRA DCP.

(B) Requirements for Termination. LCRA announces that mandatory water restrictions for firm water customers are no longer required in accordance with the LCRA DCP.

(2) Stage 2 - Moderate Water Shortage Conditions (Mandatory Measures).

(A) Requirements for Initiation. Stage II will be initiated when one or a combination of such triggering criteria occurs:

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(i) Combined storage of Lakes Travis and Buchanan reaches 900,000 acre-feet in accordance with the LCRA DCP; and

(ii) Upon notification from LCRA that it is implementing stage 2 of the LCRA DCP.


(3) Stage 3 - Severe Water Shortage Conditions (Mandatory Measures).


(i) Combined storage of Lakes Travis and Buchanan reaches 600,000 acre-feet, in accordance with the LCRA DCP;

(ii) The LCRA board declares a drought worse than the drought of record or other water supply emergency and orders the mandatory curtailment of firm water supplies; and

(iii) Upon notification from LCRA that it is implementing stage 3 of the LCRA DCP.


(4) Stage 4 - Emergency Water Conditions.


(i) Natural or manmade contamination of the water supply source; and

(ii) Any other emergency water supply or demand conditions that the LCRA general manager or the LCRA board determines that either constitutes a water supply emergency or is associated with the LCRA board declaration of a drought worse than the drought of record.


Sec 1.1934 Drought Response Measures

(a) Stage 1 - Mild Water Shortage Conditions (Voluntary Measures).

(1) Target. Achieve a 5% reduction in total water use.

(2) Water Use Reduction Response Measures. Select as many response measures, as appropriate to the golf course operation, which will achieve the target reduction indicated.

(A) Limit irrigation of landscaped turf grass and planting beds to no more than LCRA’s recommended outdoor watering schedule (See appendix A to Ordinance 13-10-17-02).

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(B) Limit irrigation of roughs and nonplay areas to no more than LCRA’s recommended outdoor watering schedule.

(C) Reduce irrigation of all play areas (greens, tees, and fairways) to achieve reduction target.

(D) Discontinue washing/rinsing of buildings, walls, structures, paved and other hard-surfaced areas including sport courts.

(b) Stage 2 - Moderate Water Shortage Conditions (Mandatory Measures).

(1) Target. Achieve a 10%–20% reduction in total water use.


(A) Limit irrigation of landscaped turf grass and planting beds to no more than LCRA’s recommended outdoor watering schedule (See appendix A to Ordinance 13-10-17-02).

(B) Limit irrigation of all practice areas (putting and driving ranges) to no more than LCRA’s recommended outdoor watering schedule.

(C) Reduce irrigation of all play areas (greens, tees, and fairways) to achieve reduction target.

(D) Discontinue irrigation of all roughs and other nonplay areas.

(E) Discontinue washing/rinsing of buildings, walls, structures, paved and other hard-surfaced areas including sport courts.

(F) Discontinue operation of ornamental fountains and water features, except those used to sustain water quality and aquatic habitat.

(c) Stage 3 - Severe Water Shortage Conditions (Mandatory Measures).

(1) Target. Achieve a minimum 20% reduction in total water use.


(A) Watering of landscaped turf grass and planting beds will be prohibited, except by use of hand-held hose, hand-held bucket, or drip irrigation.

(B) Reduce irrigation of all play areas (greens, tees, and fairways) to achieve reduction target.

(C) Discontinue the irrigation of all roughs and other nonplay areas.

(D) Reduce irrigation of all practice areas (putting and driving ranges).

(E) Discontinue washing/rinsing of buildings, walls, structures, paved, and other hard-surfaced areas including sport courts.

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(F) Discontinue operation of ornamental fountains and water features.

(d) Stage 4 - Emergency Water Conditions.

(1) Target. Water supply reduction target as determined by the LCRA board.

(2) Water Use Reduction Response Measures. All nonessential outdoor water use is prohibited unless water source is from an alternate supply, such as reclaimed water, rainwater, or graywater.

(A) Limit irrigation of greens and tees to no more than LCRA’s recommended outdoor watering schedule (See appendix A to Ordinance 13-10-17-02) and to means of hand-held hose only;

(B) Discontinue watering of landscaped turf grass and planting beds;

(C) Discontinue the irrigation of all roughs and other nonplay areas;

(D) Limit irrigation of all practice areas (putting and driving ranges) to once per week;

(E) Discontinue irrigation of all fairways;

(F) Discontinue washing/rinsing of buildings, walls, structures, paved, and other hard-surfaced areas including sport courts; and

(G) Discontinue operation of ornamental fountains and water features.

Sec 1.1935 Notification To LCRA

Notification of any mandatory provisions of this drought contingency plan shall be made to the LCRA general manager in writing within five (5) business days of implementation.


Secs 1.1936 - 1.1960 (Reserved)

DIVISION 3 HIGHLAND LAKES GOLF COURSE WATER CONSERVATION PLAN


AF. An acre-foot is a unit of volume equal to the volume of a sheet of water one acre (0.405 hectare) in area and one foot (30.48 cm) in depth; 43,560 cubic feet (1233.5 cu m).



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Conservation. Those practices, techniques, and technologies that reduce the consumption of water, reduce the loss of water, improve the efficiency in the use of water, or increase the recycling and reuse of water so that a water supply is conserved and made available for future or alternative uses.



Driving Range. An area where golfers can practice their golf swings.



HLGC. The Highland Lakes Golf Course refers only to the teeing area, fairways, greens, driving range, and putting green for an eighteen-hole golf course in the city.

HLGC Authorized Representative. The senior manager for the HLGC, currently the CoLV city manager.

Irrigation Water. Any combination of purchased water, harvested rainwater or reuse water applied to the HLGC.


Owner. The HLGC property owner listed on the Travis County Central Appraisal District’s tax rolls, currently the CoLV.



Reuse Water. Reclaimed water such as effluent from a wastewater treatment plant or flushing water from a water distribution system.


TCEQ. The Texas Commission for Environmental Quality is the environmental agency for the state and the fourth largest environmental agency in the United States. TCEQ strives to protect the state’s public health and natural resources consistent with sustainable economic development.

Teeing area. Is an area where a player starts the hole by striking the ball.

Water Conservation Plan. A plan to conserve the supply of water being provided by LCRA through a diversion contract by ensuring the water is used in an environmentally responsible manner through sustainable water management practices.

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(a) The Highland Lakes Golf Course (HLGC) (purchased) water conservation plan (WCP) has been developed to meet the Lower Colorado River Authority (LCRA) water conservation rules in accordance with the LCRA Firm Water contract administrative rules. This WCP recognizes that purchased conservation is a valuable tool in managing water utility systems. Benefits of purchased water conservation include: extending available water supplies, reducing the risk of shortage during periods of extreme drought, reducing water utility operating cost, improving the reliability and quality of water utility service, reducing customer cost for water service and enhancing water quality and the environment.


(c) The HLGC currently uses a combination of reuse water from the city’s (CoLV) wastewater treatment plant (WWTP) and purchased water from Lake Travis purchased thru the CoLV’s water supply contract with LCRA for the irrigation of the HLGC.

(d) The owner of the HLGC must develop and formally adopt a revised HLGC WCP every 5 years, subject to CoLV and LCRA approval and consistent with the title 30 TAC listed above.

Sec 1.1963 Profile Information

(a) The CoLV’s current HLGC irrigation system consists of a state of the art irrigation pump station installed in 2015 and a 48 year-old PVC 100% rotor head irrigation system. This station consists of three variable speed pumps to help ensure efficient irrigation of the course. The new pump station provides various supervisory control and data acquisition (SCADA) system alarms that ensure shut down in case of excessive usage and/or leaks.

(b) The control system for the irrigation system is a computer based SCADA design that insures that only those areas scheduled to be irrigated are irrigated with built-in alarms and shutdowns should certain established parameters be exceeded. The HLGC irrigation pump station and irrigation control system provides the needed tools to obtain accountability of its irrigated waters. Purchased water, reuse water, and harvested rainwater are all individually metered using 8" Sensus Hall Effect Transmitter (HET) water meters. The pump station contains an 8" Sensus HET water meter that measures all waters utilized for irrigation. The various Sensus water meters are calibrated annually to be within 5% of their original operating parameters.

(c) The total acreage of the HLGC is approximately 119 acres, of which approximately 85 acres is being irrigated. The irrigated areas consist mainly of two types of turf: Common Bermuda and Tiff Dwarf Bermuda.

(d) The breakdown on the irrigated acreage is as follows:

Fairways Approximately 50 acres (59%)

Roughs Approximately 30 acres (35%)

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Greens Approximately 2 acres (2%)

Tees Approximately 3 acres (4%)

(e) The golf course has varying soil types being irrigated, from a sandy loam to a loamy-clay mixture.


(a) Water conservation five and ten year goals are required for purchased water use and purchased water loss. The CoLV intends to cease using purchased water for irrigating the HLGC and use reuse water for all future HLGC irrigation needs. The HLGC should be predominantly reliant on reuse water for HLGC irrigation by January 2022 if current population growth rates continue.

(b) The goals proposed by the HLGC are as follows:

5-year goals 10-year goals

Purchased water for irrigation 25% 0%

Reuse water for irrigation 75% 100%

Water loss 10%* 10%*

*Generally, the historic water loss for the LVGC has been about 10%. LVGC maintenance crews aggressively fix irrigation leaks as the leaks occur in order to keep the tees, fairways and greens playable at all times.

(c) We anticipate achieving these goals by the utilization of the reuse water on the HLGC as well as continuing the use of alternative water sources such as harvested rainwater stored in holding ponds and the utilization of reuse water from the CoLV’s WWTP.


(a) Public Involvement/Public Education.

(1) Opportunity for the public to provide input into the preparation of the WCP was provided by the owner by scheduling and providing public notice of a public meeting to accept input on the WCP. Notice of the public meeting was posted continuously in a location accessible to the public at least 72 hours prior to the public meeting. In the adoption of this WCP, the owner considered any and all comments offered from the public.

(2) The owner will periodically provide its employees, members, and the general public with information about this WCP, including the importance of the plan, processes to reduce purchased water usage, and impending or current drought conditions.

(b) Water Conservation Equipment, Operations, and Scheduling.

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(1) With the installation of the state of the art pump station and irrigation control system in 2015, the HLGC operators are better equipped to monitor and control the irrigation system in order to provide the most efficient use of the irrigation waters. The HLGC operators utilize soil moisture sensors to ensure that only the necessary amount of irrigated water is applied in order to maintain the established turf.

(2) In addition to using the HLGC pump station and SCADA irrigation control system, the HLGC maintenance staff uses several other means of reducing irrigation waters.

(3) Water conserving equipment in use consists of the following:

(A) A centralized irrigation control system.

(B) On-site rain sensors.

(C) Manual soil moisture sensors.

(D) Use of cultural practices such as wetting agents.

(E) Soil amendments such as compost.

(F) Irrigation audit conducted by a licensed irrigator at least every two years.

(4) Irrigation scheduling techniques used to maximize irrigation efficiency include the following:

(A) Applying irrigation waters as uniformly as possible taking into consideration varying soil conditions.

(B) Applying irrigation water only at a rate in which the soil can absorb in order to prevent ponding and runoff.

(C) Irrigating only in late evening and during the night to minimize evaporation of the irrigation waters.

(D) Applying adequate levels of nutrients to the turf and balancing potassium and nitrogen while avoiding excessive levels of nitrogen. The HLGC uses organic fertilization methods whenever practical and economically feasible.

(E) Utilizing various methods of aerification such as spiking, slicing and core aerifying to improve irrigation water infiltration and minimize runoff during irrigation.

(F) Adjusting mowing heights to ideal levels, depending on the type of grass and seasonal turf watering requirements.

(5) Irrigation scheduling is monitored regularly by an irrigation technician to maximize the benefit of natural rainfall events, adjusting frequency and duration for maintenance irrigation zones as appropriate. Irrigation scheduling will be adjusted seasonally to reflect changes in seasonal irrigation requirements.

(c) Future Equipment Upgrades and Conversion Strategies.

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(1) The owner regularly maintains and monitors the effectiveness of the irrigation system, and upgrades are made as necessary to ensure superior performance and efficiency. A maintenance plan is followed to change out old irrigation equipment based on the manufacturer’s life cycle guidelines and in response to identification of broken equipment through irrigation audits. The rotary sprinkler heads are replaced as they fail. Additional inefficiencies are upgraded as feasible.

(2) Future irrigation equipment upgrades being considered are as follows:

(A) Install soil moisture sensors.

(B) Install or upgrade rain sensor.

(C) The CoLV has been researching replacing the current 48-year-old PVC irrigation system. An HDPE irrigation system with a new hydraulic and sprinkler head design is being considered but at this time is unfunded as it will require a bond issuance.

(3) One future conversion strategy is to increase the volume of reuse water and decrease the volume purchased water applied to the HLGC until only reuse water is applied to the HLGC.

(d) Irrigation Leak Detection, Loss Control and Testing. The HLGC employs a minimum of one full-time irrigation technician who is charged with the maintenance, operation and inspection of the golf course irrigation system. The irrigation technician, on a daily basis, monitors the irrigation system for effectiveness and efficiency as well as uniformity of application, application rates, overspray, and irrigation head clogging. The irrigation pump stations are inspected regularly and closely inspected bi-annually for all preventative maintenance items towards the goal of minimizing any irrigation cycle malfunctions. HLGC Maintenance personnel checks for leaks on a daily basis and fix problems such as broken irrigation heads immediately. The HLGC maintenance shop maintains an adequate supply of materials to repair any leaks and replacement heads as needed.


The water service area of the HLGC is located within the Lower Colorado River Water Planning Area (region K) of the state and the owner has provided or will provide a copy of this water conservation plan to the regional water planning group. The plan can be sent to the LCRA, c/o Region K, P.O. Box 220, Austin, Texas 78703.


(a) The owner, or his authorized representative, of the HLGC is hereby directed to implement the applicable provisions of the WCP, act as administrator of the WCP and oversee the execution and implementation of the program and will be responsible for keeping adequate records for program verification. A signed and dated copy of this WCP by the owner or his authorized representative will be sufficient to meet this requirement.

(b) The CoLV has designated the city manager as the HLGC water conservation coordinator who will be responsible for the implementation of this WCP. The owner or his authorized representative may re-appoint this position. At that time, the owner will inform LCRA about this personnel change.


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Secs 1.1968 - 1.1980 (Reserved)

DIVISION 4 LAGO VISTA GOLF COURSE WATER CONSERVATION PLAN


AF. An acre-foot is a unit of volume equal to the volume of a sheet of water one acre (0.405 hectare) in area and one foot (30.48 cm) in depth; 43,560 cubic feet (1233.5 cu m).



Conservation. Those practices, techniques, and technologies that reduce the consumption of water, reduce the loss of water, improve the efficiency in the use of water, or increase the recycling and reuse of water so that a water supply is conserved and made available for future or alternative uses.



Driving Range. An area where golfers can practice their golf swings.



LVGC. The Lago Vista Golf Course refers only to the teeing area, fairways, greens, driving range, and putting green for an eighteen-hole golf course in the city.

LVGC Authorized Representative. The senior manager for the LVGC, currently the CoLV city manager.

Irrigation Water. Any combination of purchased water, harvested rainwater or reuse water applied to the LVGC.


Owner. The LVGC property owner listed on the Travis County Central Appraisal District’s tax rolls, currently the CoLV.



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Reuse Water. Reclaimed water such as effluent from a wastewater treatment plant or flushing water from a water distribution system.


TCEQ. The Texas Commission for Environmental Quality is the environmental agency for the state of Texas and the fourth largest environmental agency in the United States. TCEQ strives to protect the states public health and natural resources consistent with sustainable economic development.

Teeing area. An area where a player starts the hole by striking the ball.

Water Conservation Plan. A plan to conserve the supply of water being provided by LCRA through a diversion contract by ensuring the water is used in an environmentally responsible manner through sustainable water management practices.


(a) The Lago Vista Golf Course (LVGC) (purchased) water conservation plan (WCP) has been developed to meet the Lower Colorado River Authority (LCRA) water conservation rules in accordance with the LCRA Firm Water contract administrative rules. This WCP recognizes that purchased conservation is a valuable tool in managing water utility systems. Benefits of water purchased conservation include: extending available water supplies, reducing the risk of shortage during periods of extreme drought, reducing water utility operating cost, improving the reliability and quality of water utility service, reducing customer cost for water service and enhancing water quality and the environment.


(c) The LVGC currently uses a combination of reuse water from the city’s (CoLV) wastewater treatment plant (WWTP) and purchased water from Lake Travis purchased thru the CoLV’s water supply contract with LCRA for the irrigation of the LVGC.

(d) The owner of the LVGC must develop and formally adopt a revised LVGC WCP every 5 years, subject to CoLV and LCRA approval and consistent with the title 30 TAC listed above.

Sec 1.1983 Profile Information

(a) The CoLV’s current LVGC irrigation system consists of a reuse water pumping station converted to an irrigation pump station in 2010 and a 48 year-old PVC 100% rotor head irrigation system. This station consists of two 60 HP variable speed pumps that help ensure efficient irrigation of the course. The irrigation pump station provides various supervisory control and data acquisition (SCADA) system alarms that ensure shut down in case of excessive usage and/or leaks.

(b) The control system for the irrigation system is an old computer based design that insures that only those areas scheduled to be irrigated are irrigated with built-in alarms and shutdowns should certain

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established parameters be exceeded. The LVGC irrigation pump station and irrigation control system provides the needed tools to obtain accountability of its irrigated waters. Purchased water and reuse water are individually metered using 8" Sensus Hall Effect Transmitter (HET) water meters. The pump station contains an 8" Sensus HET water meter that measures all waters utilized for irrigation. The various Sensus water meters are calibrated annually to be within 5% of their original operating parameters.

(c) The total acreage of the LVGC is approximately 156 acres, of which approximately 112.7 acres is being irrigated. The irrigated areas consist mainly of two types of turf: Common Bermuda and Tiff Dwarf Bermuda.

(d) The breakdown on the irrigated acreage is as follows:

Fairways Approximately 40 acres (36%)

Roughs Approximately 65 acres (57%)

Greens Approximately 3 acres (3%)

Tees Approximately 4 acres (4%)

(e) The golf course has varying soil types being irrigated, from a sandy loam to a loamy-clay mixture.


(a) Water conservation five and ten year goals are required for purchased water use and purchased water loss. The CoLV intends to cease using purchased water for irrigating the LVGC and use reuse water for all future LVGC irrigation needs. The LVGC is currently predominantly reliant on reuse water for LVGC irrigation.

(b) The goals proposed by the LVGC are as follows:

5-year goals* 10-year goals*

Purchased water for irrigation 7.5% 7.5%

Reuse water for irrigation 92.5% 92.5%

Water loss 10.0%** 10.0%**

*The CoLV currently irrigates the LVGC with a combination of purchased water and TCEQ 205 discharge permitted reuse water. In the drier years, the 340 acre-feet (AF) of reuse water must be supplemented with 27.6 AF purchased water in order to keep the tees, fairways and greens alive and playable. Because of the 205 discharge permit, reuse water is disposed of equally on the roughs, tees, fairways and greens year round. In wetter years, no purchased water is applied to the LVGC.

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**Generally, the historic water loss for the LVGC has been about 10%. LVGC maintenance crews aggressively fix irrigation leaks as the leaks occur in order to keep the tees, fairways and greens playable at all times.


(a) Public Involvement/Public Education.

(1) Opportunity for the public to provide input into the preparation of the WCP was provided by the owner by scheduling and providing public notice of a public meeting to accept input on the WCP. Notice of the public meeting was posted continuously in a location accessible to the public at least 72 hours prior to the public meeting. In the adoption of this WCP, the owner considered any and all comments offered from the public.

(2) The owner will periodically provide its employees, members, and the general public with information about this WCP, including the importance of the plan, processes to reduce purchased water usage, and impending or current drought conditions.

(b) Water Conservation Equipment, Operations, and Scheduling.

(1) With the conversion of the reuse water pump station in 2010, the LVGC operators are better equipped to monitor and control the irrigation system in order to provide the most efficient use of the irrigation waters. The LVGC operators utilize soil moisture sensors to ensure that only the necessary amount of irrigated water is applied in order to maintain the established turf.

(2) In addition to using the LVGC pump station and computer irrigation control system, the LVGC maintenance staff uses several other means of reducing irrigation waters.

(3) Water conserving equipment in use consists of the following:

(A) A centralized irrigation control system.

(B) On-site rain sensors.

(C) Manual soil moisture sensors.

(D) Use of cultural practices such as wetting agents.

(E) Soil amendments such as compost.

(F) Irrigation audit conducted by a licensed irrigator at least every two years.

(4) Irrigation scheduling techniques used to maximize irrigation efficiency include the following:

(A) Applying irrigation waters as uniformly as possible taking into consideration varying soil conditions.

(B) Applying irrigation water only at a rate in which the soil can absorb in order to prevent ponding and runoff.

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(C) Irrigating only in late evening and during the night to minimize evaporation of the irrigation waters.

(D) Applying adequate levels of nutrients to the turf and balancing potassium and nitrogen while avoiding excessive levels of nitrogen. The LVGC uses organic fertilization methods whenever practical and economically feasible.

(E) Utilizing various methods of aerification such as spiking, slicing and core aerifying to improve irrigation water infiltration and minimize runoff during irrigation.

(F) Adjusting mowing heights to ideal levels, depending on the type of grass and seasonal turf watering requirements.

(G) Irrigation scheduling is monitored regularly by an irrigation technician to maximize the benefit of natural rainfall events, adjusting frequency and duration for maintenance irrigation zones as appropriate. Irrigation scheduling will be adjusted seasonally to reflect changes in seasonal irrigation requirements.

(c) Future Equipment Upgrades and Conversion Strategies.

(1) The owner regularly maintains and monitors the effectiveness of the irrigation system, and upgrades are made as necessary to ensure superior performance and efficiency. A maintenance plan is followed to change out old irrigation equipment based on the manufacturer’s life cycle guidelines and in response to identification of broken equipment through irrigation audits. The rotary sprinkler heads are replaced as they fail. Additional inefficiencies are upgraded as feasible.

(2) Future irrigation equipment upgrades being considered are as follows:

(A) Install soil moisture sensors.

(B) Install or upgrade rain sensor.

(C) The CoLV has been researching replacing the current 48-year-old PVC irrigation system. An HDPE irrigation system with a new hydraulic and sprinkler head design is being considered but at this time is unfunded as it will require a bond issuance.

(d) Irrigation Leak Detection, Loss Control and Testing. The LVGC employs a minimum of one full-time irrigation technician who is charged with the maintenance, operation and inspection of the golf course irrigation system. The irrigation technician, on a daily basis, monitors the irrigation system for effectiveness and efficiency as well as uniformity of application, application rates, overspray, and irrigation head clogging. The irrigation pump stations are inspected regularly and closely inspected bi-annually for all preventative maintenance items towards the goal of minimizing any irrigation cycle malfunctions. LVGC maintenance personnel checks for leaks on a daily basis and fix problems such as broken irrigation heads immediately. The LVGC maintenance shop maintains an adequate supply of materials to repair any leaks and replacement heads as needed.


The water service area of the LVGC is located within the Lower Colorado River Water Planning Area (region K) of the state and the owner has provided or will provide a copy of this water conservation plan to

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the regional water planning group. The plan can be sent to the LCRA, Region K, P.O. Box 220, Austin, Texas 78703.


(a) The owner, or his authorized representative, of the LVGC is hereby directed to implement the applicable provisions of the WCP, act as administrator of the WCP and oversee the execution and implementation of the program and will be responsible for keeping adequate records for program verification. A signed and dated copy of this WCP by the owner or his authorized representative will be sufficient to meet this requirement.

(b) The CoLV has designated the city manager as the LVGC water conservation coordinator who will be responsible for the implementation of this WCP. The Owner or his authorized representative may re-appoint this position. At that time, the owner will inform LCRA about this personnel change.


*****

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Comments:

13. Approval of the June 30 and July 7, 2020 special called meeting minutes and the July 16, 2020 regular City Council meeting minutes.


AGENDA ITEM: CONSENT AGENDA

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OFFICIAL MINUTES OF THE CITY COUNCIL SPECIAL CALLED MEETING

TUESDAY, JUNE 30, 2020

BE IT REMEMBERED that on the 30th day of June, A.D., 2020, the City Council held a special called meeting at 4:45 p.m. via Go to Meeting, there being present via videoconferencing and acting the following: CALL TO ORDER, CALL OF ROLL Ed Tidwell Mayor Joshua Ray City Manager Dick Weatherly Mayor Pro Tem Sandra Barton City Secretary David Williams Council Member Dave Street IT Director Arch Davila Council Member Dave Street IT Director Tim Collins Council Member Frank Robbins Council Member EXECUTIVE SESSION 1. At 4:46 p.m., Council convened into a closed Executive Session pursuant to Sections 551.071

(Advice of Counsel), 551.072 (Real Property), 551.074 (Personnel), Section 551.087 (Economic Development), Texas Government Code and Section 1.05 Texas Disciplinary Rules of Professional Conduct regarding: A. Consultation with Legal Counsel regarding a request to purchase real property located at

21201 Santa Carlo from the City.


2. At 5:10 p.m., Council reconvened from Executive Session into open session to act as deemed appropriate in City Council’s discretion regarding:

A. Consultation with Legal Counsel regarding a request to purchase real property located at

21201 Santa Carlo from the City. On a motion by Mayor Pro Weatherly, seconded by Councilman Collins, Council voted unanimously to postpone action on this item and to have the City Manager bring back a list of other property for discussion at the next council meeting. Motion passed.

CITIZEN COMMENTS: In accordance with the Open Meetings Act, Council is prohibited from acting or discussing (other than factual responses to specific questions) any items not on the agenda. None CALL TO ORDER, CALL OF ROLL Mayor called the meeting to order at 5:12 p.m. and announced that all Councilmembers were present except for Don Barthlow.

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2

ACTION ITEM 3. Discussion, consideration and possible action regarding Resolution No. 20-1844; A

Resolution authorizing the submission application for and acceptance of the payment of funds for the Federal Corona Virus Aid, Relief, and Economic Security (CARES) Act Grant Congress approved for disbursement to State and Local Governments: and, authorizing the City Manager to execute documents and take actions to facilitate such acceptance.

Mayor Tidwell provided some information regarding the agreement and addressed questions. Darci DeVough had a question regarding repercussions of the agreement. Mayor Tidwell

provided clarification. Paul Roberts had questions regarding allocations of the expenses. On a motion by Councilman Collins, seconded by Councilman Williams, the Council voted

unanimously to approve Resolution No. 20-1844 for submission of the application. Motion passed.

ADJOURNMENT Mayor Tidwell adjourned the meeting at 5:40 p.m. Respectfully submitted,

__________________ Ed Tidwell, Mayor

ATTEST: __________________________ Sandra Barton, City Secretary On a motion by __________________, seconded by _______________________, the above and foregoing instrument was passed and approved this 6th day of August 2020.

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OFFICIAL MINUTES OF THE CITY COUNCIL SPECIAL CALLED MEETING

TUESDAY, JULY 7, 2020

BE IT REMEMBERED that on the 7th day of July, A.D., 2020, the City Council held a special called meeting at 5:00 p.m. via Go to Meeting, there being present via videoconferencing and acting the following: CALL TO ORDER, CALL OF ROLL Ed Tidwell Mayor Joshua Ray City Manager Dick Weatherly Mayor Pro Tem Erin Selvera City Attorney David Williams Council Member Starr Lockwood Financial Director Arch Davila Council Member Dave Street IT Director Tim Collins Council Member Roy Jambor Dev. Srvs. Director Frank Robbins Council Member Dan Migura HR Director Don Barthlow Council Member Robin Smith Asst. City Secretary EXECUTIVE SESSION 1. At 5:01 p.m., Council convened into a closed Executive Session pursuant to Sections 551.071

(Advice of Counsel), 551.072 (Real Property), 551.074 (Personnel), Section 551.087 (Economic Development), Texas Government Code and Section 1.05 Texas Disciplinary Rules of Professional Conduct regarding: A. Consultation with Legal Counsel regarding a request to purchase real property located at

8113 Foothill Cove from the City.



A. Consultation with Legal Counsel regarding a request to purchase real property located at

8113 Foothill Cove from the City. On a motion by Mayor Pro Tem Weatherly, seconded by Councilman Williams, Council

voted unanimously for City Staff to proceed with taking bids for this property with the guidelines that were given to the City Manager in Executive Session. Motion passed.

CITIZEN COMMENTS: In accordance with the Open Meetings Act, Council is prohibited from acting or discussing (other than factual responses to specific questions) any items not on the agenda. None ACTION ITEM

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3. Discussion, consideration and possible action regarding Resolution No. 20-1848; Resolution approving the form and authorizing the distribution of a Preliminary Limited Offering Memorandum for City of Lago Vista, Texas, Special Assessment Revenue Refunding Bonds, Taxable Series 2020A (Tessera on Lake Travis Public Improvement District Major Improvement Area Project) and City of Lago Vista, Texas, Special Assessment Revenue and Refunding Bonds, Tax-Exempt Series 2020B (Tessera on Lake Travis Public Improvement District Major Improvement Area Project).

Both agenda items, # 3 and #4 were opened for discussion. Erin Selvera, City Attorney provided a brief staff summary of the proposed Resolutions. Bart Fowler, City Bond Counsel provided additional information and addressed questions

from Council. Bart Fowler recommended not considering Resolution 20-1848 at this time. Tom Lawrence, City Financial Advisory provided addition information. Darlene Louk, Tessera Developer addressed questions from Council regarding the swimming

pool. This item was pulled from the agenda at the request of the applicant. 4. Discussion, consideration and possible action regarding Resolution No. 20-1849; Resolution

of the City Council of the City of Lago Vista, Texas, related to the Tessera on Lake Travis Public Improvement District; calling a public hearing to consider the levy of Special Assessments against property in the Major Improvement Area to pay certain costs; directing the City Secretary to publish, mail, and post notice of the public hearing as required by law; providing an effective date; and resolving other matters incident and related thereto.

On a motion by Councilman Williams, seconded by Mayor Pro Tem, the Council voted unanimously to approve Resolution No. 20-1849. Motion passed.

ADJOURNMENT Mayor Tidwell adjourned the meeting at 6:06 p.m. Respectfully submitted,

__________________ Ed Tidwell, Mayor

ATTEST: __________________________ Sandra Barton, City Secretary On a motion by __________________, seconded by _______________________, the above and foregoing instrument was passed and approved this 6th day of August 2020.

209

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OFFICIAL MINUTES OF THE CITY COUNCIL REGULAR MEETING

THURSDAY, JULY 16, 2020

BE IT REMEMBERED that on the 16th day of July, A.D., 2020, the City Council held a regular meeting at 6:00 p.m. via Go to Meeting, there being present via videoconferencing and acting the following: CALL TO ORDER, CALL OF ROLL Ed Tidwell Mayor Joshua Ray City Manager Dick Weatherly Mayor Pro Tem Erin Selvera City Attorney David Williams Council Member Sandra Barton City Secretary Don Barthlow Council Member Starr Lockwood Finance Director Arch Davila Council Member Roy Jambor Dev. Srvs. Director Frank Robbins Council Member Dave Street IT Director CALL TO ORDER, CALL OF ROLL Mayor Tidwell called the meeting to order at 6:01 p.m. and announced that all Councilmembers were present except Councilman Collins and Mayor Pro Tem Weatherly. EXECUTIVE SESSION 1. At 6:03 p.m., Council convened into a closed Executive Session pursuant to Sections 551.071

(Advice of Counsel), 551.072 (Real Property), 551.074 (Personnel), Section 551.087 (Economic Development), Texas Government Code and Section 1.05 Texas Disciplinary Rules of Professional Conduct regarding: A. Consultation with Legal Counsel and possible action concerning any regular meeting


B. Consultation with Legal Counsel regarding additional water service charge category for

water users located outside our city limits or in our ETJ.



A. Consultation with Legal Counsel and possible action concerning any regular meeting

agenda item requiring confidential, attorney/client advice necessitated by the deliberation or discussion of said item (as needed). No action taken

B. Consultation with Legal Counsel regarding additional water service charge category for water users located outside our city limits or in our ETJ.

No action taken

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2

CITIZEN COMMENTS: In accordance with the Open Meetings Act, Council is prohibited from acting or discussing (other than factual responses to specific questions) any items not on the agenda. Paul Roberts requested that an agenda item be added to the August 6 meeting to discuss appointing citizens to the P&Z subcommittee for amending Chapter 14. Gerald Dasbach reiterated what Paul said. Justin Boone reiterated what Paul said. ITEMS OF COMMUNITY INTEREST: Pursuant to Texas Government Code Section 551.0415, the City Council may report on any of the following items:

a. Expressions of thanks, gratitude, and condolences. Mayor expressed his thanks and gratitude to the 4th of July Council and staff and everybody who was involved in the fireworks show.

b. Information regarding holiday schedules. c. Recognition of individuals, i.e. Proclamations d. Reminders regarding City Council events. e. Reminders regarding community events.

Mayor Tidwell announced that on August 1 and 2, there will be another free COVID testing drive at the K-Oaks. Mayor Tidwell asked that everyone pass the word regarding completing the Census.

f. Health and safety announcements. ACTION ITEM 3. Discussion, consideration and possible action regarding Resolution No. 20-1848; Resolution

approving the form and authorizing the distribution of a Preliminary Limited Offering Memorandum for City of Lago Vista, Texas, Special Assessment Revenue Refunding Bonds, Taxable Series 2020A (Tessera on Lake Travis Public Improvement District Major Improvement Area Project) and City of Lago Vista, Texas, Special Assessment Revenue and Refunding Bonds, Tax-Exempt Series 2020B (Tessera on Lake Travis Public Improvement District Major Improvement Area Project).

Bart Fowler provided a summary of the proposed Resolution. Tom Lawrence a summary of the bonds. Tripp Davenport addressed questions from Council. Jon Snyder was also available to address questions from Council. Ron Smith had questions regarding the bonds. On a motion by Councilman Williams, seconded by Mayor Pro Tem Weatherly, Council

voted unanimously to approve Resolution No. 20-1848. Motion passed. PUBLIC HEARING 4. The City Council of the City of Lago Vista will hold a public hearing to consider the levy of

additional assessments (“MIA Supplemental Special Assessments”) against the benefited property within the Major Improvement Area of the Tessera on Lake Travis Public Improvement District (the “District”) for paying the costs of certain improvements to be made within the Major Improvement Area of the District pursuant to the provisions of Chapter 372 of the Texas Local Government Code, as amended.

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3

Open public hearing The public hearing was opened at 7:01 p.m. Stephen Curyk asked where this area is located.

Staff presentation Bart Fowler provided the summary of the proposed item and addressed questions from Council.

The public hearing was left open Council discussion and possible decision

No action taken

ACTION ITEMS 5. Discussion, consideration and possible action on Resolution No. 20-1850; Resolution

delaying action on a public hearing to consider the levy of special assessments against property in the Tessera on Lake Travis public improvement district (major improvement area) to pay certain cost; providing an effective date; and resolving other matters incident and related thereto.

Mayor provided a brief overview of the proposed Resolution. Bart Fowler provided additional information. On a motion by Councilman Williams, seconded by Mayor Pro Tem Weatherly, Council

voted unanimously to approve Resolution No. 20-1850 delaying the hearing until next Thursday, July 23. Motion passed.

CONSENT AGENDA

All matters listed under Consent Agenda, are to be considered routine by the City Council and will be enacted by one motion. There will not be separate discussion on these items. If discussion is desired, that item will be removed from the consent agenda and will be considered separately.

6. Approval of the June 3, 2020 special called budget meeting and the June 4 and June 18, 2020 regular City Council meeting minutes.

On a motion by Mayor Pro Tem Weatherly, seconded by Councilman Davila, Council voted unanimously to approve the consent agenda. Motion passed.

DISCUSSION 7. Discussion concerning the City of Lago Vista water conservation and reuse plan. Councilman Robbins provided information regarding the water conservation plan and

addressed questions from Council and citizens. Ron Smith made comments regarding the lake level. Darci DeVough made comments regarding the water conservation plan, water consumption

by customers and the prices of water bills. Paul Roberts made comments regarding citizens not being on the subcommittee. Stephen Curyk had questions regarding water evaporation from the lake and how much water

is being used by citizens. No action taken on this item.

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8. Discussion concerning the Golf Course Advisory semi-annual report. Mayor Pro Tem Weatherly provided a brief overview of the report and addressed questions

from Council. The Golf Course Advisory report is online. Josh Ray, City Manager advised Council that the May-June revenues are the highest two

months historically with the Lago Vista Golf Course on the revenue side; $82,000 in May and $90,000 in June in revenue.

Maja Linderman clarified the information regarding billboards and signs. Ron Smith thanked Josh for lower expenditures. No action taken on this item. 9. Discussion regarding Annexation and Development Agreement with Lago Property

Development, LP., including 380 Economic Development Agreement. Erin Selvera, City Attorney provided the staff summary of the proposed agreement. Laura Lewis appeared on behalf of the applicant and provided a presentation to Council

regarding the proposed project and addressed questions from Council. Joanalys Smith expressed her concerns regarding this development. No action taken on this item. 10. City Manager Reports Josh Ray, City Manager provided an update on budget amendments. Special called meeting scheduled for June 23 at 5:00 p.m. for the Tessera PID. Budget workshop scheduled for June 22 at 5:00 p.m. FUTURE MEETINGS

11. Consider schedule and items for future Council meetings. Special called meeting scheduled for June 23 at 5:00 p.m. for the Tessera PID.

Budget workshop scheduled for June 22 at 5:00 p.m. Discussion and possible action item for August 6 to consider adding citizens to the Planning

and Zoning Subcommittee. ADJOURNMENT Mayor Pro Tem Weatherly adjourned the meeting at 9:16 p.m. Respectfully submitted,

__________________ Ed Tidwell, Mayor

ATTEST: __________________________ Sandra Barton, City Secretary On a motion by ___________________, seconded by _______________________, the above and foregoing instrument was passed and approved this 6th day of August 2020.

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AGENDA ITEM

CCity of Lago Vista


From:

Subject:

EXECUTIVE SUMMARY:



Discussion regarding CapMetro Point to Point launch

Other Other

The Mayor and City Manager have been working with Capital Metro for over 2 years to try andimprove the quality of service that we are receiving for our dollars spent. Capital Metro receiveshalf of the City's annual sales tax distribution.

CapMetro has agreed to launch a point to point pickup and delivery service within Lago Vista thatwill increase the level of services we can offer to our Citizens.

Launch Date: August 18Hours of operation: Monday - Friday, 10 a.m. - 6 p.m.Price per ride: $1.25

This service will operate only within the municipal limits of Lago Vista and within the serviceboundaries marked by Capital Metro.

The City will have the opportunity to sell ride memberships at City Hall to our Citizens.

Capital Metro offers an app that individuals can download to schedule their pickup. People canalso call the phone number to schedule pickups.

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Impact if Approved:

Impact if Denied:




nown as

Motion to

Motion to

Motion to


_____________________________________________________________________________________




CapMetro Point to Point Launch


215

capmetro.org/pickupcapmetro.org/pickup

Download The App

Set Your Pickup

Enjoy Your Ride!

Download The App

Set Your Pickup

Enjoy Your Ride!


Download The App

Set Your Pickup

Enjoy Your Ride!

Download The App

Set Your Pickup

Enjoy Your Ride!

Pickup Lago VistaService ZoneHighland Lake

Boggy Ford

Outp

ost T

race

Shoreline Ranch

Lohm

an Fo

rd

Colorado River

USPS

Sun Hardware

Lago VistaMiddle School

Lowes Market CVS

DollarGeneral

Lago VistaPolice Department

Bar K Park

K-OaksClubhouse

Lago VistaCity Hall

Lago VistaElementary

Lago VistaCity Pool

Lago VistaHigh School

Travis CountyFire Station 103

1431

Introducing

Serving Lago Vista neighborhoods

Weekdays, 10 a.m. — 6 p.m.

Capital Metro has brought ride hailing to public transportation.

• Download the App• Set Your Pickup• Enjoy Your Ride!

capmetro.org/pickup | 512-369-6200

$1.25$1.25Each trip only Masks required!

216


Download The App

Set Your Pickup

Enjoy Your Ride!

Download The App

Set Your Pickup

Enjoy Your Ride!


Download The App

Set Your Pickup

Enjoy Your Ride!

Download The App

Set Your Pickup

Enjoy Your Ride!

Presentamos Cubrimos los vecindarios de Lago Vista

Los días de la semana, 10 a.m. — 6 p.m.

Zona de servicio del Pickup Lago VistaHighland Lake

Boggy Ford

Outp

ost T

race

Shoreline Ranch

Lohm

an Fo

rd

Rio Colorado

USPS

Sun Hardware

Lago VistaMiddle School

Lowes Market CVS

DollarGeneral

Lago VistaPolice Department

Bar K Park

K-OaksClubhouse

Lago VistaCity Hall

Lago VistaElementary

Lago VistaCity Pool

Lago VistaHigh School

Travis CountyFire Station 103

1431

Capital Metro ha traído transporte personalizado al transporte público.

• Descargue la Aplicación• Establece tu Pickup• ¡Disfruta tu Paseo!

capmetro.org/pickup | 512-369-6200

¡Mascarillas son requeridas!

$1.25$1.25Cada viaje

solo

217

AGENDA ITEM

CCity of Lago Vista


From:

Subject:

EXECUTIVE SUMMARY:



City Manager's Reports

Other Other

218

Impact if Approved:

Impact if Denied:




nown as

Motion to

Motion to

Motion to


_____________________________________________________________________________________

No action required

No action required




No action required

219

Comments: August 20 September 3


AGENDA ITEM: Consider schedule and items for future Council meetings.

220