NOTICE OF MEETING GOVERNING BODY OF MARBLE FALLS, TEXAS Tuesday, June 5, 2018– 6:00 pm
A quorum of the Marble Falls Economic Development Corporation and the Planning & Zoning Commission may be present
Notice is hereby given that on the 5th day of June 2018 the Marble Falls City Council will meet in regular session at 6:00 pm in the City Hall Council Chambers located at 800 3rd Street, Marble Falls, Texas, at which time the following subjects will be discussed:
1. CALL TO ORDER AND ANNOUNCE QUORUM IS PRESENT
2. INVOCATION
3. PLEDGE OF ALLEGIANCE TO THE FLAG OF THE UNITED STATES AND TO THE TEXAS FLAG. “Honor the Texas Flag; I pledge allegiance to thee, Texas, one state under God, one and indivisible.”
4. UPDATES, PRESENTATIONS AND RECOGNITIONS • Update from Marble Falls Area EMS. Johnny Campbell, Executive Director • Update from the Parks Department. Robert Moss, Parks and Recreation Director • Update from the Texas Department of Transportation. Joe Muck, P.E., Assistant Area Engineer
5. CITIZEN COMMENTS. This is an opportunity for citizens to address the City Council concerning an issue of community interest that is not on the agenda. Comments on a specific agenda item must be made when the agenda item comes before the Council. The Mayor may place a time limit on all comments. Any deliberation of an issue raised during Citizen Comments is limited to a proposal to place it on the agenda for a later meeting.
6. CONSENT AGENDA. The items listed are considered to be routine and non-controversial by the Council and will be approved by one motion. There will be no separate discussion of these items unless a Councilmember so requests, in which case the item will be removed from the Consent Agenda prior to a motion and vote. The item will be considered in its normal sequence on the Regular Agenda.
(a) Approval of the minutes of the May 15, 2018 regular meeting. Christina McDonald, City Secretary
June 5, 2018 Meeting Page 1 of 3 (b) Approval of a Park Concession Agreement between the City of Marble Falls (‘City’) and Richard Stark, DBA Rick’s Farm Stand (‘Concessioner’) for the purpose of operating a farm stand/farmer’s market at Johnson Park. Robert Moss, Parks and Recreation Director
(c) Approval of the dedication of a 20’ wide utility easement spanning the 84.239-acre irrigation farm by the City of Marble Falls for acceptance by Pedernales Electric Company for the relocation and upgrade of electrical lines. James Kennedy, Public Works Director
(d) Approval of the appointment of Tomye Folts-Zettner to Place 5 of the Parks and Recreation Commission to fill an unexpired term. Christina McDonald, City Secretary
(e) Approval of the appointment of Rick Stacy as the extra-territorial jurisdiction (ETJ) representative of the Impact Fee Advisory Committee. Valerie Kreger, Director of Development Services
(f) Approval of the cancellation of the July 3, 2018 regular City Council Meeting. Christina McDonald, City Secretary
7. REGULAR AGENDA. Council will individually consider and possibly take action on any or all of the following items:
(a) Discussion and Approval of a Community Wildfire Protection Plan for the City of Marble Falls and authorization of the Mayor, Fire Chief and Fire Marshal to sign the plan. Russell Sander, Fire Chief
(b) Discussion and Action regarding approval of a Local Participation Agreement (LPA), Resolution 2018-R-06A, and conveyance documents to the State of Texas authorizing and supporting the Texas Department of Transportation (TxDOT) to make certain highway improvements within the City widening US 281 from RM 2147 East to 0.466 miles North of SH 71, the acquisition of certain right of way and relocating and adjusting of utilities associated with the project and City of Marble Falls’ local participation to the project by donation of required right-of-way to the State of Texas. Caleb Kraenzel, AICP, Assistant City Manager
(c) Discussion and Approval of a Professional Services Agreement between the City of Marble Falls and P3 Works LLC for professional consulting services for the development of a Public Improvement District (PID) and associated Funding Agreement as requested and financed by Trivium Development Group, LLC and authorizing the City Manager to execute. Caleb Kraenzel, AICP, Assistant City Manager
8. CITY MANAGER’S REPORT • Update on LCRA’s Water Management Plan
June 5, 2018 Meeting Page 2 of 3 9. EXECUTIVE SESSION CLOSE OPEN SESSION AND CONVENE EXECUTIVE SESSION pursuant to §551.07 (Private Consultation between the Council and its Attorney) of the Open Meetings Act. Tex. Gov’t Code, Council will meet in Executive Session to discuss the following:
• Consultation with City Attorney regarding City’s litigation with TCEQ over issuance of an Air Quality Permit to Asphalt, Inc., LLC.
10. RECONVENE INTO OPEN SESSION FOR POSSIBLE ACTION RESULTING FROM ITEMS DISCUSSED IN EXECUTIVE SESSION
11. ANNOUNCEMENTS AND FUTURE AGENDA ITEMS
12. ADJOURNMENT
“The City Council reserves the right to adjourn into Executive Session at any time during the course of this meeting to discuss any matters listed on the agenda, as authorized by the Texas Government Code, including, but not limited to, Sections 551.071 (Consultation with Attorney), 551.072 (Deliberations about Real Property), 551.073 (Deliberations about Gifts and Donations), 551.074 (Personnel Matters), 551.076 (Deliberations about Security Devices), 551.087 (Economic Development), 418.183 (Deliberations about Homeland Security Issues) and as authorized by the Texas Tax Code, including, but not limited to, Section 321.3022 (Sales Tax Information).”
In compliance with the Americans with Disabilities Act, the City of Marble Falls will provide for reasonable accommodations for persons attending City Council Meetings. To better serve you, requests should be received 24 hours prior to the meeting. Please contact Ms. Christina McDonald, City Secretary at (830) 693-3615.
Certificate of Posting
I, Christina McDonald, City Secretary for the City of Marble Falls, Texas, do certify that this Notice of Meeting was posting at City Hall, in a place readily accessible to the general public at all times, on the 31st day of May, 2018 at 2:30 pm and remained so posted for at least 72 continuous hours preceding the scheduled time of said meeting.
/s/ Christina McDonald Christina McDonald, TRMC City Secretary
June 5, 2018 Meeting Page 3 of 3 June 5, 2018
6. CONSENT AGENDA
(a) Approval of the minutes of the May 15, 2018 regular meeting. Christina McDonald, City Secretary
6(a)
STATE OF TEXAS COUNTY OF BURNET CITY OF MARBLE FALLS
On this the 15th day of May 2018 the Council of the City of Marble Falls convened in regular session at 6:00 pm at the City Hall Council Chambers located at 800 Third Street, Marble Falls, Texas, with notice of meeting giving time, place, date, and subject having been posted as described in Chapter 551 of the Texas Government Code.
PRESENT: John Packer Mayor Richard Westerman Mayor Pro-Tem Megan Klaeger Councilmember William (Dee) Haddock Councilmember Craig Magerkurth Councilmember Reed Norman Councilmember
ABSENT: Celia Merrill Councilmember Dave Rhodes Councilmember
STAFF: Mike Hodge City Manager Caleb Kraenzel Assistant City Manager Christina McDonald City Secretary Patty Akers City Attorney Margie Cardenas Finance Director Ted Young Asst. Police Chief Christian Fletcher EDC Executive Director Valerie Kreger Director of Development Services Mike Ingalsbe Building Official James Kennedy Public Works Director Jay Everett Assistant Public Works Director Robert Moss Parks and Recreation Director
VISITORS: Jeri Norman, Scott Streit (First Capital Bank), Mary Magerkurth, Alexandria Murrell (The Highlander)
1. CALL TO ORDER AND ANNOUNCE QUORUM IS PRESENT. Mayor Packer called the meeting to order at 6:00 pm.
2. INVOCATION. Councilmember Norman gave the invocation.
3. PLEDGE OF ALLEGIANCE TO THE FLAG OF THE UNITED STATES AND TO THE TEXAS FLAG. Mayor Packer led the pledges.
May 15, 2018 Meeting Page 1 of 3
4. UPDATES, PRESENTATIONS AND RECOGNITIONS. Outgoing Councilmember Norman was recognized by Mayor Packer, City Council and staff. Mayor Packer presented Councilmember Norman with a plaque and thanked him for his service on the City Council.
5. CITIZEN COMMENTS. There were no citizen comments.
6. CONSENT AGENDA.
(a) Approval of the minutes of the May 1, 2018 regular meeting and the May 1, 2018 workshop.
(b) Approval of Ordinance 2018-O-05A, amending Division 4 (Water Conservation Plan), Article II (Water), Chapter 26 (Utilities) of the Code of Ordinances of the City of Marble Falls to replace the City’s Water Conservation Plan in its entirety with a revised plan that contains various updates.
Councilmember Haddock made a motion to approve the consent agenda which was seconded by Mayor Pro-Tem Westerman and approved by a vote of (5-0).
7. REGULAR AGENDA
(a) Administration of Oaths of Office. Christina McDonald, City Secretary administered the Oaths of Office to Councilmembers Magerkurth, Haddock and Westerman. It was noted that the Oath was previously administered to Councilmember Merrill.
(b) Discussion and Action on the election of a Mayor Pro-Tem according to Section 3.05 of the City Charter. Councilmember Magerkurth made a motion to elect Councilmember Westerman to serve as Mayor Pro-Tem until May 2019. Councilmember Haddock seconded the motion. The motion carried by a unanimous vote (5-0).
(c) Discussion and Action on the award of a depository contract for banking services. Finance Director Margie Cardenas addressed Council. Mayor Pro-Tem Westerman made a motion to award the bank depository contract to BancorpSouth Bank (FSB Central TX) beginning June 1, 2018 for a three-year term with option to renew two 12-month periods. Councilmember Haddock seconded the motion. The motion carried by a vote of 5-0.
(d) Discussion and Action regarding a Construction Plat for the Gregg Ranch at Marble Falls Subdivision, Phase One, being 45.48 acres out of the A. Bradley Survey No. 79, Abstract No. 61, City of Marble Falls, Burnet County, Texas and a request for a waiver of Section 825.c.7 (Street Construction) and Section 833.d (Water and Wastewater Facility Design) of the Subdivision Regulations. Valerie Kreger, Director of Development Services addressed Council. It was noted that the construction plat approved by Council previously had expired, therefore the need to bring it back to City Council for approval. Councilmember Haddock made a motion to approve the Construction Plat for the Gregg
May 15, 2018 Meeting Page 2 of 3
Ranch and grant the request for a waiver of Section 825.c.7 (Street Construction) and Section 833.d (Water and Wastewater Facility Design) of the Subdivision Regulations. The motion was seconded by Mayor Pro-Tem Westerman and carried by a unanimous vote (5-0).
8. CITY MANAGER’S REPORT. City Manager Mike Hodge updated City Council on the City’s implementation of a new brush drop off program which began Saturday, May 12.
9. EXECUTIVE SESSION CLOSE OPEN SESSION AND CONVENE EXECUTIVE SESSION pursuant to §551.07 (Private Consultation between the Council and its Attorney) and §551.072 (Deliberation regarding the Purchase, Exchange, Lease or Value of Real Property) of the Open Meetings Act. Tex. Gov’t Code, Council will meet in Executive Session to discuss the following:
• Consultation with City Attorney regarding acquisition of right-of-way • Consultation with City Attorney regarding 2019 Legislative Agenda
6:34 pm Convened to Executive Session 7:02 pm Returned to Open Session
10. RECONVENE INTO OPEN SESSION FOR POSSIBLE ACTION RESULTING FROM ITEMS DISCUSSED IN EXECUTIVE SESSION. No action taken.
11. ANNOUNCEMENTS AND FUTURE AGENDA ITEMS. The draft agenda for the June 5 regular meeting was reviewed.
12. ADJOURNMENT. There being no further business to discuss, Councilmember Haddock made a motion to adjourn. Councilmember Klaeger seconded the motion. The meeting was adjourned at 7:05 pm.
John Packer, Mayor
ATTEST:
Christina McDonald, TRMC City Secretary
May 15, 2018 Meeting Page 3 of 3 June 5, 2018
6. CONSENT AGENDA
(b) Approval of a Park Concession Agreement between the City of Marble Falls (‘City’) and Richard Stark, DBA Rick’s Farm Stand (‘Concessioner’) for the purpose of operating a farm stand/farmer’s market at Johnson Park. Robert Moss, Parks and Recreation Director
6(b)
Council Agenda Item Cover Memo June 5, 2018
Agenda Item No.: 6(b) Presenter: Director Robert Moss Department: Parks and Recreation Legal Review: N/A
AGENDA CAPTION
Approval of a Park Concession Agreement between the City of Marble Falls (‘City’) and Richard Stark, DBA Rick’s Farm Stand (‘Concessioner’) for the purpose of operating a farm stand/farmer’s market at Johnson Park.
BACKGROUND
Rick’s Farm Stand, owned and operated by Richard Stark, is an exciting new venture that meets the need for quality, fresh, farm-to-table fruits and vegetables grown and produced throughout the Hill Country. The close proximity to Burnet, Kingsland, and the surrounding areas will ensure a steady flow of customers. Rick’s Farm Stand is a start-up seller of locally grown fruits and vegetables, and homemade jams, jellies, peanut brittle, and granola to individual consumers. Mr. Stark’s objectives are to develop a product-based business whose goal is to exceed customer’s expectations, and provide a fresh, healthy alternative to store-bought produce.
Rick’s Farm Stand will sell farm-fresh eggs from Bertram (when available), seasonal vegetables from Kingsland, including, but not limited to: tomatoes, onions, squash, and jalapenos. Fresh fruits will include, but not be limited to: watermelons, Fredricksburg peaches, and assorted berries. Homemade items will include peach jam/jelly and pickles, peanut brittle, granola, peach pie, and cookies.
Rick’s Farm Stand will be set up close to the boat ramp driveway in Johnson Park, where there is adequate area to raise a canopy, and plenty of parking. Hours of operation will begin at 9 a.m. each Saturday and Sunday.
Mr. Stark is well versed in the laws and practices of the Texas Cottage Food Law in regards to the homemade items to be sold. All baked goods and canned items will be packaged accordingly.
The Park Concession Agreement is attached.
6(b) - Page 1 of 7
THE STATE OF TEXAS § COUNTY OF BURNET §
CONCESSION AGREEMENT BETWEEN THE CITY OF MARBLE FALLS, TEXAS AND RICHARD STARK
The City of Marble Falls, a duly incorporated Texas home-rule municipal corporation, ("City"), and Richard Stark, dba Rick’s Farm Stand ("Concessioner"), enter into this Concession Agreement ("Agreement") on June 5, 2018, upon the terms and conditions set forth below:
1. Premises. The City grants Concessioner the right to use the area adjacent to the boat ramp driveway in Johnson Park ("Licensed Property").
The City makes this grant solely to the extent of its right, title and interest in the Licensed Property, without any express or implied warranties.
2. Purpose. The City grants Concessioner permission to use the Licensed Property solely for the purpose of operating a farm stand/farmer’s market.
3. Consideration. Concessioner agrees to pay the City 10% of gross receipts for the term of this Agreement.
If the City causes damage to or destruction of Concessioner's Improvements or Property, Concessioner covenants not to sue the City, or pursue other remedies against the City to recover costs of repairing or replacing the Improvements or Property, as additional consideration for being granted this Agreement.
Payments collected and related documentation for all sales shall be due monthly. Concessioner will provide documentation to the City that describes the type and dates of sales originating from the Licensed Property on or before the 15th day of the month following the month the sales occurred. The City auditor, or duly authorized representative of the City, shall, for the purpose of audit and examination, have access to records and other books, documents, and papers of the Concessioner pertinent to the contract. The City may, upon reasonable notice to concessioner, conduct an audit of concessioner’s records to verify that Concession Fees have been properly paid and that charges to the public by the Concessioner have been properly charged and received.
4. Term. This Agreement shall commence on the execution date and shall continue in full force and effect for a 6-month trial period ending December 8, 2018; provided that the Licensed Property is used solely for the purposes set out in Section 2 Purpose. This Agreement may be renewed by the City Council for one year terms.
5. Limits on License. The existence of this Agreement is expressly subordinate to the present and future right of the City to use this property in any manner authorized by law. This Agreement is also subordinate to any easements, utility easements, rights of way, use
6(b) - Page 2 of 7 agreements, park reservation permits issued by the city staff, licenses or other property interests recorded and associated with the property. The City may enter the Licensed Property without giving notice and without incurring any obligation to Concessioner and remove the Improvements or any alteration thereof. Such removal will occur only if the City Manager deems it is necessary: (a) in order to exercise the City's rights or duties with respect to the Licensed Property; (b) to protect persons or property; or (c) for the public health or safety with respect to the Licensed Property.
6. Conditions.
A. Use of the Licensed Property. Concessioner shall use the Licensed Property solely for the purposes listed in Section 2 Purpose. B. Improvements or Alteration of Property. Concessioner shall not construct or locate any other structures or improvements on the property without the prior written permission of the City Manager. Concessioner shall not remove or alter any improvement, soil or other material on the property without the prior written consent of the City Manager. Concessioner shall be responsible for repairs to the property or its improvements if damage is caused to such property or improvements. All improvements and/or alterations must comply with the city’s current ordinances and regulations and must pass all applicable inspections. C. Remove or Modify Improvements. If Concessioner is granted written authority to construct or locate a structure or improvement on the property, Concessioner may be required at its own cost to remove the structure or improvement, at the option of the City upon termination of this License, or prior to termination upon a determination by the City Manager that the structure or improvement needs to be removed or modified because the structure or improvement is a hazard to persons or property, that the structure or improvement prevents the City from using the property for a lawful purpose or because the structure or improvement does not comply with federal, state or local ordinances or this License. All improvements must meet the City's ordinances and be compliant with the Americans with Disabilities Act. All improvements and/or alterations must comply with the city’s current ordinances and regulations and must pass all applicable inspections. D. Maintenance. Concessioner shall maintain the Licensed Property by keeping the immediate area around the Improvements free of debris and litter on an ongoing basis. Further, Concessioner must timely and properly maintain the Improvements, if any. E. Activities. Concessioner will not conduct any activities, events, or operate the Licensed Property in a manner that would violate any city ordinance or cause the City to be in violation of any federal, state or local laws, deed restrictions, covenants or easements in effect for the property. F. Signage. Concessioner shall post and maintain a clearly readable sign, of a format, context, and material approved by the City, in a clearly visible location that shows the days/times of Licensed Property usage for purpose defined in Section 2. G. Insurance. Concessioner shall be required to maintain in effect Comprehensive General Liability insurance covering claims for personal injury, death or damage to property to the limit of not less than one-million dollars ($1,000,000.00) per occurrence. The city will be named as an additional insured on such policy. A thirty (30) day
6(b) - Page 3 of 7 notice of cancellation endorsement in favor of the City of Marble Falls must also be provided. Required coverage may be provided in the form of a rider and/or endorsement to a previously existing insurance policy. The insurance must cover all perils arising from the activities of concessioner, its employees, agents, contractors, and invitees, related to concessioner’s use of the park land or facilities covered in the concession. Concessioner shall be responsible for the payment of any deductibles stated in the policy. H. Health Permits. Concessioner shall be required to possess, in good standing, all necessary health permits required for prepared food service in the State of Texas, where applicable.
7. Indemnification. To the extent permitted by applicable law, Concessioner hereby agrees to indemnify, save, and hold harmless the City of Marble Falls, its officers, employees, agents, and Concessioners (collectively called "Indemnitees") against any and all liability, damage, loss, claims, causes of action, expenses or demands (collectively "Costs") of any nature whatsoever, on account of personal injury (including without limitation, Workers' Compensation and death claims), or property loss or damage of any kind whatsoever, which arises, or is claimed to arise, out of or is, or is claimed to be, in any manner connected with, construction, installation, existence, operation, use, maintenance, repair, restoration, or removal of the Improvements on the Licensed Property pursuant to this License. Concessioner must, at its own expense, investigate all those claims and demands, attend to their settlement or other disposition, defend all actions based thereon using counsel satisfactory to Indemnitees’ City Attorney, and pay all other Costs and expenses of any kind arising from any of the aforesaid claims, demands or causes of action.
8. Termination.
A. Termination by Notice. Either party may terminate this Agreement by delivering written notice of termination to the other party not later than thirty (30) days before the effective date of termination. In the event that the Concessioner is the terminating party, Concessioner shall deliver the required thirty (30) day notice of termination to the City Manager. B. Termination by Abandonment. If Concessioner abandons or fails to comply with the terms of the Concession Agreement, and the City Manager receives no substantive response within thirty (30) days following written notification to concessioner, then the City (through action by the City Manager) may terminate the Concession Agreement and remove and/or replace any improvements, equipment or inventory at its option and located on City park land or within City facilities. All of Concessioner’s improvements, equipment or inventory located on City park land or within City facilities after the date that a Concession Agreement expires or is terminated shall be deemed property of the City. C. Termination by Default. In the event that Concessioner fails to make timely payments to the City or fails to comply with the terms and conditions of this Agreement, City may revoke Concessioner’s License and terminate this Agreement.
9. Venue. Venue for all lawsuits concerning this Agreement must be in the State District Courts of Burnet County, Texas.
6(b) - Page 4 of 7
10. Waiver of Default. Either party may waive any default of the other at any time, without affecting or impairing any right arising from any subsequent or other default.
11. Assignment. Concessioner shall not assign, sublet or transfer its interest in this Agreement without the prior written consent of the City Council. Concessioner shall provide the City with a copy of any such proposed assignment or transfer of any of Concessioner's rights in this Agreement, which must include the name, address, and contact person of the assignee, along with the proposed date of assignment or transfer.
12. Notice. Notice required or permitted to be given in connection with this Agreement must be in writing. Notice may be given by hand delivery or certified mail, postage prepaid, to the recipient at the address for notice set forth below or at the last address for notice that the sender has for the recipient at the time notice is given. If properly addressed and sent certified mail or hand-delivered as provided herein, such notice will be deemed received on the day hand delivered, as evidenced by a written acknowledgment of receipt by the recipient, or on the third day after deposit in the U.S. mail, if sent certified mail, postage prepaid. Notice given in any other manner will be deemed delivered if and when actually received by the party specified below. Notice must be sent as follows:
If to City:
Attention: Christina McDonald City Secretary 800 Third Street Marble Falls, Texas 78654 Phone: 830-693-3615 Fax: 830-693-6737
With additional notice to: Patty Akers City Attorney The Akers Law Firm 13809 Research Blvd, Suite 250 Austin, Texas 78750 Phone: 512-600-2305
6(b) - Page 5 of 7 If to Concessioner:
Richard Stark Rick’s Farm Stand 807 N. Rhomberg St., #3 Burnet, TX 78611 Phone: 512-571-1041
Either party may change its address for notice by providing the other party with a written notice of change of address for notice.
13. Default. If Concessioner fails to maintain the Licensed Property, comply with the requirements of Section 6, or otherwise comply with the terms or conditions herein, then the City Manager shall give Concessioner written notice as set out in Section 12 Notice. Concessioner will have thirty (30) days from the date of such notice to take action to remedy the failure complained of, or such lesser period if such is required under the terms of this Agreement, and, if Concessioner does not satisfactorily remedy the same within that thirty (30) day period, the City may remedy the default or contract to remedy the default.
14. Compliance with Laws. Concessioner covenants that all construction, installation, repair, maintenance, and removal of the Improvements permitted by this Agreement must be done in compliance with all applicable City, County, State and/or Federal laws, ordinances, regulations and policies now existing or later adopted.
15. Interpretation. Although drafted by the City, this Agreement must, in the event of any dispute over its meaning or application, be interpreted fairly and reasonably, and neither more strongly for or against either party.
16. Application of Law. This Agreement must be governed by the laws of the State of Texas. If the final judgment of a court of competent jurisdiction invalidates any part of this Agreement, then the remaining parts must be enforced, to the extent possible, consistent with the intent of the parties as evidenced by this Agreement.
Terms and Conditions Accepted on June 5, 2018.
CITY: CITY OF MARBLE FALLS, TEXAS
By: ______John Packer Mayor City of Marble Falls, Texas
Date: ______
6(b) - Page 6 of 7 CONCESSIONER: RICK’S FARM STAND
By: ______Richard Stark Owner/Operator
Date: ______
ATTEST: ______Christina McDonald City Secretary City of Marble Falls, Texas
Date: ______
6(b) - Page 7 of 7 June 5, 2018
6. CONSENT AGENDA
(c) Approval of the dedication of a 20’ wide utility easement spanning the 84.239- acre irrigation farm by the City of Marble Falls for acceptance by Pedernales Electric Company for the purpose of relocation and upgrade of electrical lines. James Kennedy, Public Works Director
6(c)
Council Agenda Item Cover Memo June 5, 2018
Agenda Item No.: 6(c) Presenter: James Kennedy, Director of Public Works Department: Public Works Legal Review: ☒
AGENDA CAPTION
Approval of the dedication of a 20’ wide utility easement spanning the 84.239-acre irrigation farm by the City of Marble Falls for acceptance by Pedernales Electric Company for the purpose of relocation and upgrade of electrical lines.
BACKGROUND INFORMATION
City Staff is working in coordination with Pedernales Electric Corporation (PEC) to relocate and upgrade an existing power line located at the City Irrigation Farm. The current line in place is over 35 years old and spans 630’ over the top of the southernmost irrigation pond. PEC is proposing to construct a new line to the north side of the irrigation farm pond at a location acceptable to the City of Marble Falls. Construction of the new line requires a dedicated Electric Utility Easement to the PEC.
The relocation and upgrade of the electrical line will allow for four utility poles to be removed in the area of the irrigation ponds, one of which is actually on top of the pond.
The attached construction print and ledger detail the location of the line and 20’ swath of land to be dedicated as the utility easement.
Based on the improvement to electrical service, removal of the existing electrical line from over and through the City irrigation pond, City staff recommends approval of the proposed easement to PEC.
6 (c) - Page 1 of 3
6 (c) - Page 2 of 3
6 (c) - Page 3 of 3 June 5, 2018
6. CONSENT AGENDA
(d) Approval of the appointment of Tomye Folts-Zettner to Place 5 of the Parks and Recreation Commission to fill an unexpired term. Christina McDonald, City Secretary
6(d)
Council Agenda Item Cover Memo June 5, 2018
Agenda Item No.: 6(d) Presenter: Christina McDonald, City Secretary Department: Administration Legal Review: ☐ N/A
AGENDA CAPTION
Approval of the appointment of Tomye Folts-Zettner to Place 5 of the Parks and Recreation Commission to fill an unexpired term.
BACKGROUND INFORMATION
There is currently one vacancy on the Parks and Recreation Commission due to the recent resignation of Commissioner Anitra Torns (Place 5).
Staff has one application on file from Tomye Folts-Zettner (attached). If appointed, the applicant will serve the remainder of the term which expires January 2019.
6 (d) - Page 1 of 1 June 5, 2018
6. CONSENT AGENDA
(e) Approval of the appointment of Rick Stacy as the extra-territorial jurisdiction (ETJ) representative of the Impact Fee Advisory Committee. Valerie Kreger, Director of Development Services
6(e)
Council Agenda Item Cover Memo June 5, 2018
Agenda Item No.: 6(e) Presenter: Valerie Kreger, Director of Development Services Department: Development Services Legal Review: ☐ N/A
AGENDA CAPTION Approval of the appointment of Rick Stacy as the extra-territorial jurisdiction (ETJ) representative of the Impact Fee Advisory Committee. BACKGROUND INFORMATION The Impact Fee Advisory Committee serves is established to: 1. Advise and assist the City in adopting land use assumptions; 2. Review the Capital Improvements Plan and file written comments; 3. Monitor and evaluate implementation of the Capital Improvements Plan; 4. File semiannual reports with respect to the progress of the Capital Improvements Plan and report to the City any perceived inequities in implementing the plan or imposing the impact fee; and 5. Advise the City of the need to update or revise the land use assumptions, Capital Improvements Plan, and impact fee.
The Texas Local Government Code Section 395.058 requires the governing body of a city, by majority vote, to appoint a capital improvements advisory committee. The Planning and Zoning Commission may act as the advisory committee if it includes at least one representative of the real estate, development, or building industry. If the impact fee is applied in the extra-territorial jurisdiction (ETJ), the advisory committee must also include a representative from the ETJ.
The Marble Falls Planning and Zoning Commission has been appointed as the Impact Fee Advisory Committee. One additional membership is added to the committee to satisfy the ETJ representation requirements, for a total of eight committee members.
The current members include Steve Reitz, Fred Zagst, Angela Taylor, Jason Coleman, Thomas Martin, Greg Mills, and Darlene Oostermeyer. The ETJ representative place is currently vacant. ETJ property owner, Rick Stacy wishes to be considered for appointment to the Impact Fee Advisory Committee as the required ETJ representative.
6 (e) - Page 1 of 1 June 5, 2018
6. CONSENT AGENDA
(f) Approval of the cancellation of the July 3, 2018 regular City Council Meeting. Christina McDonald, City Secretary
6(f)
Council Agenda Item Cover Memo June 5, 2018
Agenda Item No.: 6(f) Presenter: Christina McDonald, City Secretary Department: Administration Legal Review: ☐ N/A
AGENDA CAPTION
Approval of the cancellation of the July 3, 2018 regular City Council Meeting.
BACKGROUND INFORMATION
This item has been placed on the agenda for Council’s approval to cancel the July 3, 2018 regular City Council Meeting as the City Charter requires two Council Meetings be held a month.
There are no items scheduled for the July 3 meeting and the following day is a holiday, therefore staff is recommending the cancellation of the meeting.
6 (f) - Page 1 of 1 June 5, 2018 7. REGULAR AGENDA
(a) Discussion and Approval of a Community Wildfire Protection Plan for the City of Marble Falls and authorization of the Mayor, Fire Chief and Fire Marshal to sign the plan. Russell Sander, Fire Chief
7(a)
Council Agenda Item Cover Memo June 5, 2018
Agenda Item No.: 7(a) Presenter: Russell Sander, Fire Chief Department: Fire Legal Review: ☐ N/A
AGENDA CAPTION
Discussion and Approval of a Community Wildfire Protection Plan for the City of Marble Falls and authorization of the Mayor, Fire Chief and Fire Marshal to sign the plan.
BACKGROUND
Texas is one of the fastest growing states in the nation, with much of this growth occurring adjacent to metropolitan areas. This increase in population across the state will affect counties and communities that are located within the Wildland Urban Interface (WUI). The WUI is described as the area where structures and other human improvements meet and intermingle with undeveloped wildland or vegetative fuels. Population growth within the WUI substantially increases the risk from wildfire. Seventy nine percent of wildfires in Texas occur within two miles of a community. That means 79 percent of Texas wildfires pose a threat to life and property. A Community Wildfire Protection Plan (CWPP) is a plan developed by a community in an area at risk from wildfire. The CWPP is a collaborative product involving interested parties, local government, local firefighting agencies, the state agency that oversees forest management, and federal land management agencies, if present. While plans do not need to be overly complicated, they should effectively address local forest and range conditions, values- at-risk, and priorities for action. By developing a CWPP, the City of Marble Falls is outlining a strategic plan to mitigate, prepare, respond, and recover. The purpose of the City of Marble Falls CWPP is to protect human life and reduce property loss due to wildland fire in the Marble Falls area. Although reducing the threat of wildland fire is a primary motivation, managing area wildlands for hazardous fuel reduction and fire resilience is only one part of the overall CWPP plan. Residents and visitors alike want healthy, fire resilient wildlands that provide habitat for wildlife, recreation, and scenic beauty. These wildland areas are a critical part of the community’s value and economy. The CWPP outlines a strategy for long-term success by identifying priorities for action and suggests immediate steps that can be taken to protect the community from wildland fire while simultaneously protecting other important social and ecological values.
7(a) - Page 1 of 2 Staff is seeking Council authorization for the Mayor, Chief Sander and Fire Marshal Crane to sign and accept the CWPP for the City of Marble Falls from the Texas A&M Forest Service. The Forest Service is represented by Wildland Urban Interface Specialist Jacob Gosschalk, Wildland Urban Interface Specialist Kari Hines, and Mitigation and Prevention Department Head Bruce Woods for the Texas A&M Forest Service.
7(a) - Page 2 of 2 In accordance with Title I of the Healthy Forest Restoration Act of 2003.
This document was prepared by the City of Marble Falls Fire Department and Texas A&M Forest Service and was completed on 6/5/2018.
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John Packer Tom Boggus Mayor Director City of Marble Falls Texas A&M Forest Service
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Russell Sander Mark Stanford Fire Chief Fire Chief City of Marble Falls Texas A&M Forest Service
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Thomas Crane Bruce Woods Fire Marshal Department Head Mitigation and Prevention City of Marble Falls
Introduction Texas is one of the fastest growing states in the nation, with much of this growth occurring adjacent to metropolitan areas. This increase in population across the state will affect counties and communities that are located within the Wildland Urban Interface (WUI). The WUI is described as the area where structures and other human improvements meet and intermingle with undeveloped wildland or vegetative fuels. Population growth within the WUI substantially increases the risk from wildfire. Seventy nine percent of wildfires in Texas occur within two miles of a community. That means 79 percent of Texas wildfires pose a threat to life and property. A Community Wildfire Protection Plan (CWPP) is a plan developed by a community in an area at risk from wildfire. The CWPP is a collaborative product involving interested parties, local government, local firefighting agencies, the state agency that oversees forest management, and federal land management agencies, if present. While plans do not need to be overly complicated, they should effectively address local forest and range conditions, values- at-risk, and priorities for action. By developing a CWPP, the City of Marble Falls is outlining a strategic plan to mitigate and prepare, for wildfire risk.
Statement of Intent The purpose of the City of Marble Falls CWPP is to protect human life and reduce property loss due to wildland fire in the Marble Falls area. Although reducing the threat of wildland fire is a primary motivation, managing area wildlands for hazardous fuel reduction and fire resilience is only one part of the overall CWPP plan. Residents and visitors alike want healthy, fire resilient wildlands that provide habitat for wildlife, recreation, and scenic beauty. These wildland areas are a critical part of the community’s value and economy. The CWPP outlines a strategy for long-term success by identifying priorities for action and suggests immediate steps that can be taken to protect the community from wildland fire while simultaneously protecting other important social and ecological values.
Goals and Objectives
Goals • Provide for the safety of residents • Limit the number of homes destroyed by wildfire • Promote and maintain healthy ecosystems • Educate citizens about wildfire
Objectives • Establish secondary ingress/egress routes in subdivisions with one way in, one way out roads. • Implement identified fuels reduction projects on public land near communities at highest risk to wildfire at a rate of 1 per year. • Deliver wildfire prevention material and education programs through public outreach events
Collaborative Planning Committee Members
Marble Falls Fire Department/City of Marble Falls John Packer, Mayor Russell Sander, Fire Chief Thomas Crane, Fire Marshal Lynnette Courtney, Administrative Assistant
Texas A&M Forest Service Nicole Castillon, Regional Fire Coordinator Jimmy Mullis, Assistant Chief Fire Coordinator Jake Gosschalk, Wildland Urban Interface Specialist
Planning Process and Methodology
Date Names Notes
January 30, 2017 John Packer CWPP Proclamation signed
March 22/2017 Jake Gosschalk Risk Assessments completed on Logan Scherschel Marble Falls October 10, 2017 Russell Sander CWPP and TXWRAP presentation to Thomas Crane Marble Falls City Council Jake Gosschalk December 5th 2017 Russell Sander Fuel project site visit at Marble Falls Thomas Crane High School Jake Gosschalk
Community Profile Marble Falls is located in Burnet County. As of the 2016 United States Census, the city population was 7,154. It is about 58 miles (93 km) northwest of downtown Austin and 85 miles north of San Antonio.
Climate Marble Falls is located in the west Central Texas National Weather Service Austin/San Antonio climate Region. The city is located in the central portion of Texas on the Balcones escarpment. With its location on the northwest edge of the Gulf Coastal Plain, it experiences a modified subtropical climate. The average monthly temperatures range from the 50s in winter to 90s in summer. Elevation varies from near 780 feet to near and above 1400 feet above sea level.
Winter During winter the area is alternately influenced by a continental climate, when winds blow from the north and west and by a modified maritime climate, when south and southeast winds blow from the Gulf of Mexico. Mild weather prevails during most of the winter. Below freezing temperatures occur on average about 20 days each year. When strong cold fronts do occur, they block any moderating effects from the Gulf of Mexico. The coldest winters overall have come from those winters of frequent cold fronts, accompanied by mostly cloudy weather regimes. The coldest low of record was 24.6 in February 1895. Daily temperature variations can be as much as 40 to 50 degrees. Very warm days occur when dry west winds in a mild air mass allow winter temperatures to climb to spring or summerlike levels. Normally the first freezing temperatures occur around December 1st, while the average last freeze occurs in late February
Summer During the summer the climate becomes more tropical like with prevailing south and southeast winds. The moderating effects of the Gulf of Mexico prevent extremely high temperatures; however, summers are usually long and hot with daily maximum temperatures above 90 over 80 percent of the time. In many years summer conditions continue into September and sometimes even to October. The highest of record was 100.8 August 2011. Occasionally, cool fronts may move through the area, dropping overnight lows into the 50s and 60s; however, the cooling is brief, and in a day or two the minimum temperatures are back to the 70s. If the drier air with these fronts has lost all of its cool properties, daytime highs have risen above normal, as the moderating effects of the Gulf of Mexico are blocked. Although July and August can have limiting rain, sometimes rather heavy rain events can come in July and August, especially with the remnants of tropical storms or stalled out cool fronts.
Rainfall Marble Falls is situated between a semi-arid area to the west and a much wetter and more humid area to the east. Such a location allows for large variations in monthly and annual precipitation amounts. The average long term annual precipitation for the area is around 31 inches, although it may range from near 10 to near 50 inches from one year to another. The extremes vary from 5.69 inches in 1914 to 52.28 inches in 1973. Heavy rain may occur with or without thunder in any season. During some of these events, rain has exceeded 19 inches in several hours and caused flash flooding. A year of normal precipitation is sufficient for the production of most crops, although during the drier years irrigation is essential. On average the heaviest rains fall in May, September, and October while the driest months, on average, are December through March, and July. Since rainfall is sporadic, the wettest and driest month in any one year may occur in any season and vary widely from year to year. Precipitation from April through September usually occurs as a result of thunderstorms; however, thunderstorms may occur in any month.
Source: National Weather Service; http://www.weather.gov/
General Landscape Marble Falls is located on the eastern edge of the Edwards Plateau in the Llano Basin ecoregion. The topography is largely shaped by the erosion of the limestone bedrock forming steep canyons, sinkholes, and rock outcrops. Terrain has played a role in numerous fatality fires across the nation and is listed as one of the “Common Denominators of Fire Behavior on Tragedy Fires” in the Incident Response Pocket Guide. There are several terrain indicators to watch out for on wildfires, all of which are present in the Marble Falls project area.
Topography Steep slopes, greater than 50%, are an important indicator of potential hazardous conditions on a wildfire. They can cause rapid rates of spread due to flame contact and heat transfer. Downhill spotting can be expected due to rollouts of burning materials and igniting fuels below. Chutes and box canyons can also produce rapid upslope rates of spread due to steep terrain and updrafts of air, known as the chimney effect. Saddles are created by a slight depression between two peaks on a ridge, they can channel wind by providing less topographic resistance allowing for rapid rates of spread. The narrow canyons in Helotes provide adjacent steep slopes within a short distance, this allows for radiant and convective heating that may produce multiple spot fires. Rapid upslope runs are possible once a fire backing down one slope reaches the opposite slope. The alignment of topography and wind should always be considered a trigger point to re-evaluate strategy and tactics.
Aquifer The Marble Falls aquifer occurs in several separated outcrops along the northern and eastern flanks of the Llano Uplift. Water occurs in fractures and solution cavities in the limestone of the Marble Falls Formation of the Pennsylvanian Bend Group. Maximum thickness of the formation is 600 feet, but the thickness in Burnet County is unclear. The quality of water produced from the aquifer is suitable for most purposes. The Marble Falls Aquifer provides water to parts of Blanco, Burnet, Lampasas, McCulloch, and San Saba counties, and to even smaller parts of Kimble, Llano, and Mason counties in Central Texas. San Saba and Rochelle are the two largest communities that withdraw water from the aquifer for public supply use. Wells have been reported to yield as much as 2,000 gal/min; however, most wells produce substantially less. Where underlying beds are thin or absent, the Marble Falls and Ellenburger-San Saba aquifers may be hydrologically connected. Numerous large springs issue from the aquifer and provide a significant part of the base flow to the San Saba River in McCulloch and San Saba counties, and to the Colorado River in San Saba and Lampasas counties
Source: Central Texas Groundwater Conservation District; http://www.centraltexasgcd.org/sample-page/aquifers/
Vegetation The vegetation of the Edwards Plateau is characterized by a combination of tall, medium, and short grasses, often intermixed into a woodland or forest setting with hardwood trees such as escarpment live oak, Texas oak, honey mesquite, and Ashe juniper. Protective canyons, especially on the eastern and southern portions of the plateau, provide for a great diversity of other hardwood species such as Texas madrone, escarpment black cherry, Texas mountain-laurel, Mexican plum, Carolina basswood, lacey oak, and big tooth maple. Springs and creeks found in these canyons are typically lined with bald cypress, sycamore, and black willow.
Prior to heavy settlement, fire played a major role in shaping the vegetation on the Edwards Plateau. Fire occurred on the majority of the land every 4-7 years. During this interval, Ashe juniper was kept out of most uplands by fire and dense grass competition. Other trees such as escarpment live oak and honey mesquite were kept more isolated among the grasses. In these cases, older trees or groups of trees could either withstand wildfires or inhibit their spread because they are generally more fire resistant than grasses. Concentrated livestock grazing which reduced the fire carrying grasses, allowed trees, especially Ashe juniper to expand into the open areas. Protected canyons and moist, north facing slopes reduced the number of damaging fires which allowed many trees to persist prior to human settlement. (Source: http://texastreeid.tamu.edu/content/texasEcoRegions/EdwardsPlateau/)
The vegetation table describes the general vegetation and landcover types across the state of Texas. In the Texas Wildfire Risk Assessment Portal (TxWRAP), the Vegetation dataset is used to support the development of the Surface Fuels, Canopy Cover, Canopy Stand Height, Canopy Base Height, and Bulk Density datasets. The vegetation classes with descriptions are shown in the following table. For the purpose of TxWRAP, special consideration was given to mapping of evergreen forest types (i.e. pine, redcedar, juniper, live oak, and pinyon) due to their potential to support passive and active crowning.
Endangered Species Current species identified by the U.S. Fish and Wildlife services as either threatened or endangered and believe to occur in Burnet County are as follows: Whooping Crane, Bald Eagle, Black-capped Vireo, and Golden-cheeked warbler. Burnet County is home to two endangered bird species, the Black Capped Vireo (Vireo atricapilla) and the Golden-cheeked Warbler (Setophaga chrysoparia). Both species nest March-late summer and require oak- juniper woodland habitats which must be considered in wildfire mitigation strategies. As mentioned in the vegetation section, the lack of frequent low intensity fires over the past century has drastically changed the makeup of the vegetation of the Edwards Plateau. The vegetation that these species need to survive and nest in is not as abundant as it once was. The habitat and nesting characteristics of the endangered species in the area must be taken into consideration when planning wildfire mitigation techniques. The need for this habitat also justifies the need for wildfire mitigation projects because if an intense fire burns through the habitat, it may take several years for nature to recover and for regrowth to reach maturity.
Golden-cheeked Warbler Golden-cheeked warblers nest only in central Texas, mixed Ashe-juniper and oak woodlands, in ravines and canyons. They use long strips of cedar bark and spider webs to build their nests. They come to Texas in March to nest and raise their young, and leave in July to spend the winter in Mexico and Central America. Their habitat consists of woodlands with tall Ashe juniper, oaks, and other hardwood trees. Controlling juniper on these areas by prescribed burning, hand cutting, or well-planned mechanical methods is often desirable to improve range condition and plant diversity, and is compatible with protection and conservation of adjacent Golden-cheeked Warbler habitat. However, when brush management and maintenance activities near habitat are necessary, they should not occur during the March – August nesting season to avoid adverse impacts such as disturbance of nesting and feeding birds. (Texas Parks and Wildlife)
Source: Texas Parks and Wildlife http://tpwd.texas.gov/gis/rtest/
Black-Capped Vireo Black-capped vireos nest in Texas during April – July, and spend the winter on the western coast of Mexico. They build a cup-shaped nest in the fork of a branch 2 – 4 feet above the ground, usually in shrubs such as shin oak or sumac. Their preferred habitat includes rangelands with scattered clumps of shrubs separated by open grassland. The clearing of low growing woody cover needed for nesting and overgrazing by deer and livestock are leading to the loss of habitat for the Black-capped vireo. Range fires, which used to keep the land open and the shrubs growing low to the ground, are not as frequent today as in the days prior to human settlement in Texas. In some portions of the vireos range, particularly the central and eastern segment, increases in juniper (cedar) and other woody species can cause the vegetation to grow out of the patchy, low shrub cover that provides suitable habitat. In these communities, good nesting habitat generally has between 30-60% shrub canopies. Selective brush removal with herbicides or mechanical means during the non-breeding season (September - February) can be used to keep the habitat favorable for vireo nesting. For example, the selective removal of juniper serves to maintain the proper shrub canopy and encourages growth of associated broad-leaved shrubs. (Texas Parks and Wildlife).
Source: Texas Parks and Wildlife http://tpwd.texas.gov/gis/rtest/
Fire Code The City of Marble Falls has adopted the following codes which are codified in the City of Marble Falls Texas Code of Ordinances:
Code of Ordinances: • International Residential Code, 2015 edition • International Building Code, 2015 edition • National Electric Code, 2014 edition • International Plumbing Code, 2015 edition • Various amendments to these codes and City Ordinances
Utilities PEC (Electric) Pedernales Electric Cooperative is a private electric utility owned by the members we serve. On behalf of our member/owner community, PEC is an industry-recognized leader providing outstanding service and reasonably priced electricity to homes and businesses for more than 75 years. PEC has illuminated cities and helped the Hill Country grow and prosper since 1938. We’re proud of our heritage and excited about the possibilities the future will bring. From next-generation energy delivery methods to our Green Works environmental programs to MyUse Energy Analyzer, we’re always working to use technology that benefits our members while helping to protect the community we all share.
PEC Headquarters 201 South Avenue F Johnson City TX – 78636 1-888-883-3379
ATMOS Gas Atmos Energy Corporation, headquartered in Dallas, is the country's largest, fully-regulated, natural-gas-only distributor, serving over three million natural gas distribution customers in over 1,400 communities in eight states from the Blue Ridge Mountains in the East to the Rocky Mountains in the West. Atmos Energy also manages company-owned natural gas pipeline and storage assets, including one of the largest intrastate natural gas pipeline systems in Texas. Atmos Energy serves more than 3 million customers in 8 states.
Atmos Energy Corporation PO Box 650205 Dallas, Texas 75265-0205 866-322-8667
City of Marble Falls Water, sewer, and garbage The City of Marble Falls provides water and wastewater services to residents of Marble Falls. Residential and commercial customers also receive curbside garbage collection and recycling services. The City of Marble Falls contracts with Republic Services for garbage collection and recycling. Your utility account will cover all the city services you receive in one convenient bill.
City of Marble Falls 800 Third Street Marble Falls, TX 78654 (830)693-3615
Schools The District encompasses a very large land area (268 square miles) and serves the students, parents and communities of Marble Falls, Meadowlakes, Granite Shoals, Highland Haven, Cottonwood, Fairland, Smithwick, Horseshoe Bay South and Spicewood. MFISD is classified as a 5-A district and has a growing enrollment exceeding 4,000 students. The District has four elementary schools, all of which offer pre-kindergarten through 5th grades: Colt Elementary; Marble Falls Elementary; Highland Lakes Elementary; and Spicewood Elementary. The District has three secondary campuses: Marble Falls Middle School (grades 6-8); Falls Career High School (a non-traditional alternative high school); and Marble Falls High School grades 9-12)
Marble Falls ISD 1800 Colt Circle Marble Falls, Texas 78654 (830) 693-4357 Dr. Chris Allen, Superintendent
Community Legal Structure The City of Marble Falls is a Home Rule city with a Council-Manager form of government. The City Council is composed of a Mayor and six (6) Councilmembers elected at large under a place system. Each Councilmember occupies a place on the Council and is elected by plurality from all candidates running for that place by the qualified voters of the City. Each member serves a staggered 2 year term, thus 3 of the members are voted on 1 year, with the remaining members, including the Mayor, elected the following year. The maximum number of terms that an individual may serve is three (3) terms as Council Member and three (3) terms as Mayor. An individual may not serve more than four (4) consecutive terms as both Mayor and as a Council Member. Regular City Council elections are held on the 2nd Saturday in May
The City Council operates under the Home Rule City Charter adopted by the citizens of Marble Falls. The Council is responsible for:
• Approving or rejecting zoning changes • Considering city ordinances and resolutions • Establishing city policies • Establishing the annual budget to provide services to the public • Setting the city tax rate and water and wastewater rates for Marble Falls
Emergency Response Capabilities Management 1 – Type VI engine 2 – Type 1 Engine, one front line and one reserve 1 – 100 foot Aerial platform, not staffed but responds to commercial alarms
Mutual Aid: First Call for Mutual Aid • Horseshoe Bay FD • Marble Falls Area VFD • Granite Shoals • Burnet VFD • Spicewood VFD • Balcones Wildlife Preserve • Hoover Valley VFD • Lake Buchanan VFD • Cassie VFD • Bertram VFD Capital Area Council of Governments (CAPCOG)
Predictive Service Areas Predictive Service Areas (PSA) represent regions where the weather reporting stations tend to react similarly to daily weather regimes and exhibit similar fluctuations in fire danger and climate. Seven PSA are delineated in Texas. Fire weather, fuel moisture, and National Fire Danger Rating System thresholds have been developed for each PSA and are unique to the designated PSA. Marble Falls is in the Central Texas PSA.
Central Texas Hill Country
Peak Fire Seasons: Peak Fire Seasons: Primary – July-September Primary – July-September
Secondary –December -March Secondary – January-April
Critical Fire Weather Thresholds: Critical Fire Weather Thresholds: Relative Humidity – 25% or less Relative Humidity – 25% or less 20’ Wind Speed – 15 MPH or more 20’ Wind Speed – 15 MPH or more Temperature – 10% above average Temperature – 10% above normal
In the table below, at the low end of the scale in the green and blue we see normal to below normal conditions. Initial attack should be successful with few complexities. At the upper end of the scale in the orange and red we see unusual or rare conditions and we would expect to see complex fires where initial attack may often fail. The difficult category to describe and thus maybe the most important category for initial attack is the middle or transition zone in the yellow. Somewhere in the yellow, fires transition from normal to problematic.
Significant Fire Potential Matrices In order to get a more accurate representation of local thresholds, we can look at the significant fire potential matrix for the Balcones RAWS Station. The Significant Fire Potential Matrix represents the potential for a significant fire as it relates to Burning Index and Energy Release Component. The number 1 represents the 0- th th th 25 percentile, 2 represents the 26-89 percentile, 3 represents the 90-96 percentile and 4 represents the th 97 percentile.
Remote Automatic Weather Stations (RAWS) are strategically located throughout the United States. These stations monitor the weather and provide weather data that assists land management agencies with a variety of projects such as monitoring air quality, rating fire danger, and providing information for research applications.
The Burning Index (BI) reflects the change in fine fuel moisture content and wind speed and is highly variable day to day. The BI is more appropriate for short-term fire danger and can be loosely associated with flame length by dividing the BI by 10. The BI is readily affected by wind speed and fine fuel moisture.
The Energy Release Component (ERC) serves as a good characterization of local seasonal fire danger trends resulting from the area’s fuel moisture conditions. The ERC is a relative index and should be compared to historic trends and thresholds on the corresponding area’s pocket card. The ERC relies heavily on large and live fuels, has low variability, and is not affected by wind speed.
Source: Texas Interagency Coordination Center (TICC); http://ticc.tamu.edu/
Historical Fire Occurrence Previous large wildfires in Marble Falls Historically, low intensity, small wildfires have occurred inside the city limits of Marble Falls. Over the past decade, these fires have not resulted in a large-scale, catastrophic incident. Aggressive fire suppression efforts along assisted in keeping these fires small. However, the city is surrounded by wildland and open areas with dense vegetation. The drought of 2011 has compounded this situation due to numerous dead trees in these areas. Marble Falls faces potential destruction from wildfires that start in these areas and move into the city. The following fires provide examples of fires in and around the county that could pose a threat to Marble Falls.
Spicewood Fire In September 2011 a wildfire developed around Spicewood in Travis County that moved into Burnet County. The fire burned for eight days and consumed 6,500 acres. It also destroyed 67 homes.
Horseshoe Bay Golf Course July 2015 a wildfire occurred on the golf course along Summit Rock Blvd. The fire consumed 40 acres and threatened several homes.
Mormon Mill Road Fire Malfunctioning electrical equipment started a wildland fire between Mormon Mill Road and Highway 281, just north of the City limits in May 2017. The fire moved into very rough terrain making extinguishment difficult for firefighters. An approximate 150 acres burned in the fire and threatened one home.
Community Risk Risk assessments are a systematic process for identifying and assessing the range of elements that could lead to undesirable outcomes for a specific situation. Quantitative risk assessments require calculations of the two primary components of risk: the magnitude of the potential loss and the probability that the loss will occur. For the wildland urban interface, a risk assessment is a step in the planning process that identifies the probability that nay feature of the landscape or structure will create potential harm to a homeowner or community.
Fuels Surface fuels contain the parameters needed to compute surface fire behavior characteristics, such as rate of spread, flame length, fireline intensity, and other fire behavior metrics. As the name might suggest, surface fuels only account for the surface fire potential. Canopy fire potential is computed through a separate but linked process. The Texas Wildfire Risk Assessment Portal accounts for both surface and canopy fire potential in the fire behavior outputs. Surface fuels are typically categorized into one of four primary fuel type’s based on the primary carrier of the surface fire: 1.) Grass 2.) Shrub/Brush 3.) Timber litter 4.) Slash.
Extreme Fire Behavior Characteristic rate of spread and flame length are fire behavior outputs, Some Big-Change Makers which are influenced by three environmental factors – fuels, weather -Transition between surface fire and topography. Weather is by far the most dynamic variable as it (litter/grass) and crown fire changes frequently. To account for this variability, four percentile weather categories were created from historical weather observations to -Wind events: cold fronts; represent low, moderate, high, and extreme weather days for each thunderstorm outflows, sea- weather influence zone in Texas. A weather influence zone is an area breeze; surfacing of winds aloft by where, for analysis purposes, the weather on any given day is considered mixing or by the mountain waves; uniform. There are 22 weather influence zones in Texas. reversal of slope canyon winds; wind gusts; evening wind drop as Unlike the fuel model 8 description in the vegetation section, this section mixing ceases factors in a worst case scenario interpretation of how the fuel will burn during severe weather conditions. When Ashe juniper reaches critical -Slope reversals: over a ridgetop fuel moistures the juniper can carry fire instead of the surface litter usually less dangerous; across a described in fuel model 8. These conditions lead to extreme fire behavior drainage often more dangerous with high rates of spread and large flame lengths. During times of intense fire behavior, firefighters must change their tactics because resources -Increased wind speeds on upper are unable to use direct attack methods of suppression. Fire resources slopes (combined with onset of may be forced to fall back to a pre-existing defensive line to burn out, or crowning) begin evacuations of threatened communities.
Characteristic Rate of Spread Characteristic Rate of Spread is the typical or representative rate of spread of a potential fire based on a weighted average of four percentile weather categories. Rate of spread is the speed with which a fire moves in a horizontal direction across the landscape, usually expressed in chains per hour (ch/hr) or feet per minute (ft/min). For purposes of the Texas Wildfire Risk Assessment, this measurement represents the maximum rate of spread of the fire front. Rate of Spread is the metric used to derive the Community Protection Zones.
Throughout Marble Falls and the surrounding vegetation, fire rate of spread can reach 50-100 chains/hour. That means that in 1 hour a fire can move up to 1.25 miles. This is an important factor to consider when requesting additional resources for fire suppression. The fire can spread significantly between the time resources are requested and the time they arrive.
Characteristic Flame Length Characteristic Flame Length is the typical or representative flame length of a potential fire based on a weighted average of four percentile weather categories. Flame Length is defined as the distance between the flame tip and the midpoint of the flame depth at the base of the flame, which is generally the ground surface. It is an indicator of fire intensity and is often used to estimate how much heat the fire is generating.
Flame length is usually measured in feet. Almost a third of the total acreage within Marble Falls project area has the potential to produce flame lengths over 30 feet. Fire suppression tactics can be chosen based on the observed flame length and fireline intensity. The table below is out of the National Wildfire Coordination Group’s Fireline Handbook Appendix B: Fire Behavior, it gives and interpretation of suppression strategies based on overserved flame lengths. For the Marble Falls area, crowning, spotting, and major fire run s are likely. Control efforts at the head of the fire are ineffective.
Where People Live The City’s total population according to the 2010 U.S. Census is 7,154 residents. The 2010 U.S. Census population estimate was 6,077 residents. With this growth over the last 6 years the population is expanding into traditionally natural areas. These settings attract more residents each year, but it creates an extremely complex landscape known as the Wildland Urban Interface (WUI). The WUI is described as the area where structures meet and intermingle with undeveloped wildland or vegetative fuels. Population growth within the WUI substantially increases wildfire risks. Many individuals move into these landscapes with urban expectations. They often do not recognize wildfire hazards and assume fire departments will be able to save their home if a wildfire ignites. However, when an extreme wildfire spreads, it can simultaneously expose dozens, if not hundreds pf homes to potential ignition. When this happens, firefighters can become overwhelmed and do not have the resources to protect every home.
Wildland Urban Interface
For the Marble Falls project area, it is estimated that 3,429 people or 50 percent of the total project area live within the WUI. Population is determined by the housing density of a certain area. This is measured in the number of houses per number of acres. The higher-density areas are calculated at three houses per acre and the less dense areas are calculated at one house per 40 acres. This information gives planners an idea of how many homes are at risk to wildfire and hoe many homes would need to be protected during a wildfire, which is useful when planning evacuations. The chart to the right shows the lowest density (gray) to highest density (purple) and the WUI acreage reflected for each density level in Helotes. Over 70% of the WUI acres in Helotes fall between the 1 house/5 acres to the 3 houses/1 acre range. This chart shows that even a small wildfire acreage wise can still threaten multiple homes and stretch available resources thin.
Risk Assessment Findings In order to get an accurate idea of wildfire risk of the communities in Marble Falls, there is a need to ground truth the assumptions of communities in the Wildland Urban Interface. Not all communities are at the same risk to wildfire because the WUI is more than just a geographic location, but also a set of conditions that lead to structure ignition.
To standardize the process and compare all communities based on the same criteria the Texas A&M Forest Service Wildfire Risk Assessment Form was used to rate each community. This form is based off of criteria found in NFPA 1144 of characteristics that lead to structure ignition. The form looks at the surrounding environment and the home construction then adds the two scores together to get an idea of overall wildfire risk. By rating all communities using the same risk assessment process, they can be prioritized based on higher ratings.
To identify communities to be assessed the TXWRAP WUI layer was laid over the city of Marble Falls parcel map from the Tax Assessors office. Communities were identified where several parcels fell in similar geographic area. The goal was to get as close to the subdivision level as possible.
Communities assessed by the Texas A&M Forest Service Wildland Urban Interface Specialists. Once completed the risk assessments were entered into ArcGIS and mapped based on their Wildfire Risk. Using ArcGIS, the communities were broken down for further assessment in later sections of the CWPP. Estimated number of homes were calculated by counting the number of parcels within the identified community using the statistics tool in the attribute table on ArcGIS. Acres were calculated using the statistics tool in the attribute table on the ArcGIS under the parcel data GIS acres. The estimated values at risk were calculated using the statistics tool in the attribute table on ArcGIS using the tax assessor’s improvement value of each parcel.
24 Communities Identified as being in the Wildland Urban Interface
7 Communities including an estimated 326 homes valued at $37,571,922 have a HIGH wildfire risk
14 Communities including an estimated 2118 valued at $255,268,663 have a MODERATE wildfire risk
3 Communities including an estimated 143 homes valued at $37,212,655 have a LOW wildfire risk
Marble Falls Community Wildfire Risk Assessment
Community Name Number of Homes Estimated Value Residential Type One Way In/Out Road Width Wildfire Risk Woodland Park 54 7,682,685 17 Fixed Yes 24ft<20ft 18 Gateway Park 87 22370,482 120 Fixed Yes 24ft<20ft 25 Claremont Parkway 52 7,159,488 16 Fixed Yes 24ft<20ft 30 La Ventana 107 28,996,517 131 Fixed No 24ft<20ft 37 JM Mobile Homes 14 13,008 7 Mob No 24ft<20ft 39 Hi-Ridge Trails #2 160 24,972,352 427 Fixed No 24ft 39 Four Oaks 53 6,294,509 19 Fixed Yes 24ft<20ft 39 Hays Addition 51 6,173,936 17 Fixed No <20ft 41 Highland Terrace 26 7774516 13 Fixed Yes 24ft<20ft 44 Stonehenge West 25 2864741 43 Fixed No 24ft 44 Boulder Creek 14 2098512 24 Fixed Yes 24ft<20ft 44 Loma Vista 92 14887036 68 Fixed No 24ft<20ft 44 Serenity Hills 8 1500 25 Fixed No 24ft<20ft 44 Marble Falls Original Township 1272 134618199 863 Fixed No 24ft<20ft 46 Hilltop 68 10269248 33 Fixed No 24ft<20ft 49 Los Escondidos 46 3956180 35 Fixed No <20ft 53 Villa Vista 50 9071472 44 Fixed No 24ft<20ft 57 (Unrecorded) Lake Marble Falls 67 3276937 350 FixMob Yes <20ft 58 Granite Falls Estates 15 942127 32 Fix/Rv No <20ft 62 Pecan Hollow 17 598322 10 Fixed No >24ft 62 Wildflower 95 13648089 31 Fixed Yes >24ft 62 Pecan Valley 169 19749321 106 Fixed No 24ft<20ft 63 Velwood 2 333028 1 Fixed No 24ft<20ft 65 Hillcrest Addition 13 2301035 8 Fixed Yes 24ft<20ft 65 Summary Facts 24 Communities Identified as being in the Wildland Urban Interface 7 Communities including an estimated 326 homes valued at $37,571,922 have a HIGH wildfire risk 14 Communities including an estimated 2118 valued at $255,268,663 have a MODERATE wildfire risk 3 Communities including an estimated 143 homes valued at $37,212,655 have a LOW wildfire risk
Community Prescription Undertaking wildfire mitigation in the wildland urban interface can reduce the risk of wildfire to the human environment. These actions offer several benefits including: creating safer communities by reducing loss of life and property damage, allowing individuals and communities to minimize post disaster disruptions and recover more rapidly, lessening the financial impact on individuals, communities, and society as a whole, and contributing to firefighter and public safety by reducing fuels or lessening the risk of structures igniting.
Treatment of Structural Ignitability The Home Ignition Zone (HIZ) includes the house and its immediate surroundings (within 200 feet) or to the property boundary. The vegetation surrounding the home determines the home’s susceptibility to ignition during a wildfire. To minimize the chance of a home ignition, homeowners should eliminate a wildfire’s potential relationship with their house. This can be accomplished by interrupting the natural path a fire takes.
The Home Ignition Zone The HIZ is broken down into 3 zones:
1. The Foundation – 30 Feet: This area should have plants that are low to the ground, green and healthy. Homeowners should avoid large clumps of plants that can generate high heat. Noncombustible material such as rock or stone should be used instead of mulch around the homes foundation to create a buffer between the grass and foundation. The best choice for trees are deciduous species with wide, broad leaves. Shrubbery and bushes should be placed away from trees and planted in islands or groupings, this prevents fire from climbing through the lower vegetation into the canopy.
2. 30 – 100 Feet: More plants can be present in this area however, Firewise principles still apply. Firewood, small brush piles, or stacks of building materials should be moved to this zone or further away. 30 feet spacing between clusters of 2-3 trees should be maintained along with fuel breaks such as, driveways, gravel walkways, and lawns. Trees in this zone need to be pruned to height of 6-10 feet from the ground. 3. 100 – 200 Feet: Trees in this zone should be thinned to eliminate overlapping canopies, although less space is required than in zone 3. Smaller conifers growing between taller trees should be removed along with heavy accumulations of woody debris.
Firewise Sites™ Because many homes are located within the HIZ of their neighbor’s home, a community approach at reducing combustible material should be taken. The Firewise Sites™ program draws on a community’s spirit, its resolve and its willingness to take responsibility for reducing wildfire risks by providing the resources needed to achieve both a high level of protection against wildland urban interface fire and ecosystem balance. Neighborhoods, subdivisions, and small towns in fire-prone areas can earn Firewise Sites™ recognition status by implementing Firewise Sites™ principles tailored to their specific community needs. This nationwide initiative recognizes communities for taking action to protect people and properties from the risk of fires in the wildland urban interface. Communities create their programs themselves with cooperative assistance from local fire staff and state forestry agencies. By encouraging local communities to work with the Marble Falls Fire Department and Texas A&M Forest Service through the Firewise Sites™ program, efforts to reduce home ignitions during a wildfire event can be maximized. Firewise Sites™ can work with a combination of other mitigation strategies to allow firefighters to fight wildfires safely, resulting in less loss to lives and property.
Fire-prone communities earn Firewise Sites™ recognition status by meeting the following criteria:
1. Enlisting a Wildland Urban Interface Specialist to complete an assessment and create a plan that identifies locally agreed-upon solutions that the community can implement. 2. Sponsoring a local Firewise task-force, committee, commission, or department which maintains the Firewise Sites™ program and tracks its progress or status. 3. Observing a Firewise Sites™ Day each year that is dedicated to a local Firewise project. 4. Investing a minimum of $2.00 annually per capita in local Firewise Sites™ efforts. (Work by municipal employees or volunteers using municipal and other equipment can be included, as can state/federal Community Name Estimated Value Wildfire Risk grants dedicated to that purpose.) Woodland Park 7,682,685 18 5. Submitting an annual Gateway Park 22370,482 25 report to Firewise Sites™, Claremont Parkway 7,159,488 30 documenting continuing La Ventana 28,996,517 37 compliance with the program.
JM Mobile Homes 13,008 39 Hi-Ridge Trails #2 24,972,352 39 Target Firewise Sites™ Four Oaks 6,294,509 39 Subdivisions identified as being Hays Addition 6,173,936 41 the highest risk are the one that Highland Terrace 7774516 44 Firewise efforts should focus on. Stonehenge West 2864741 44 Of the 24 communities assessed, Boulder Creek 2098512 44 7 were identified as being high Loma Vista 14887036 44 risk. If these communities fall Serenity Hills 1500 44 under a home owners association, Marble Falls Original Township 134618199 46 there will be an opportunity to contact a larger population and Hilltop 10269248 49 inform them about becoming a Los Escondidos 3956180 53 Firewise Community. Firewise Villa Vista 9071472 57 Communities do not have to be (Unrecorded) Lake Marble Falls 3276937 58 ran through the HOA board, but Granite Falls Estates 942127 62 can make the recognition renewal Pecan Hollow 598322 62 process easier. Wildflower 13648089 62 Pecan Valley 19749321 63 Velwood 333028 65 Hillcrest Addition 2301035 65 In the table below the estimated value was used from the county appraisal district tax appraisal value.
Surrounding Environment: □ Trim tree canopies regularly to keep their Home Construction: branches a minimum of 10’ from structures and □ Remove debris from roofs other trees. □ Spread gravel or other non-combustible material □ Leave 30 feet between clusters of two to three under the deck. trees, or 20 feet between individual trees. □ Use metal framing or aluminum coverings for □ Prune trees 6–10 feet from the ground. wood or vinyl. □ Create a spacing of 30 feet between tree crowns. □ Screen in the bottom of the deck with metal 1/8- □ Create a ‘fire-free’ area within 5 feet of your inch screening. home, using non-flammable landscaping materials. □ Select heat and fire-resistant siding such as metal, □ Remove dead vegetation from under the deck and brick, block, stone, cement board or fire retardant within 10 feet of the house. treated lumber. □ Water plants, trees and mulch regularly. □ Install metal gutters and gutter guards to keep □ Leave 30 feet between clusters of two to three debris from accumulating. trees, or 20 feet between individual trees. □ Install a 1/8 inch metal screen behind roof vents. □ Create fuel breaks like driveways and gravel □ Clean debris out of gutters regularly. walkways. □ Make sure there are no crevices or holes in the □ Remove smaller conifers that are growing siding that could catch embers. between taller trees. □ Separate wooden fences from the house with a □ Remove heavy accumulations of woody debris. stone or metal barrier. □ Keep vegetation pruned around overhead power lines □ Use a non-combustible material for skirting around the foundation
□ Clean vents to keep them free of debris, allowing them to keep embers out while allowing air flow for ventilation
Surrounding Environment: □ Remove heavy accumulations of woody debris. □ Work with neighbors to reduce fuels and create defensible space. Home Construction: □ Consider creating a fire prevention plan to educate □ Remove debris from roofs residents about local wildfire ignition issues □ Clean vents to keep them free of debris, □ Mow your lawn regularly. □ Clean debris out of gutters regularly. □ Prune trees 6–10 feet from the ground. □ Make sure there are no crevices or holes in the □ Create a spacing of 30 feet between tree crowns. siding that could catch embers. □ Create a ‘fire-free’ area within 5 feet of your □ Spread gravel or other non-combustible material home, using non-flammable landscaping materials. under the deck. □ Remove dead vegetation from under the deck and □ Use metal framing or aluminum coverings for within 10 feet of the house. wood or vinyl. □ Water plants, trees and mulch regularly. □ Use a fiberglass or metal screen. □ Leave 30 feet between clusters of two to three □ Screen in the bottom of the deck with metal 1/8- trees, or 20 feet between individual trees. inch screening. □ Plant a mixture of deciduous trees, such as oaks □ Select heat and fire-resistant siding such as metal, and maples, and coniferous trees, like pines. brick, block, stone, cement board □ Create fuel breaks like driveways and gravel □ Inspect for gaps in roofing that can expose roof walkways. decking or supports. □ Remove smaller conifers that are growing □ Place angle flashing over openings between the between taller trees. roof decking and fascia board. □ Separate wooden fences from the house with a □ Use a non-combustible material for skirting around stone or metal barrier. the foundation
Surrounding Environment: □ Create fuel breaks like driveways and gravel □ Work with neighbors to reduce fuels and create walkways. defensible space. Home Construction: □ Consider creating a fire prevention plan to educate □ Remove debris from roofs residents about local wildfire ignition issues □ Clean vents to keep them free of debris, to keep □ Trim tree canopies regularly to keep their embers out allowing air flow for ventilation. branches a minimum of 10’ from structures and □ Clean debris out of gutters regularly. other trees. □ Make sure there are no crevices or holes in the □ Leave 30 feet between clusters of two to three siding that could catch embers. trees, or 20 feet between individual trees. □ Spread gravel or other non-combustible material □ Prune trees 6–10 feet from the ground. under the deck. □ Mow your lawn regularly. □ Screen in the bottom of the deck with metal 1/8- □ Prune trees 6–10 feet from the ground. inch screening. □ Create a spacing of 30 feet between tree crowns. □ Select heat and fire-resistant siding such as metal, □ Create a ‘fire-free’ area within 5 feet of your brick, block, stone, cement board home, using non-flammable landscaping materials. □ Inspect for gaps in roofing that can expose roof □ Remove dead vegetation from under the deck and decking or supports. within 10 feet of the house. □ Place angle flashing over openings between the □ Water plants, trees and mulch regularly. roof decking and fascia board. □ Leave 30 feet between clusters of two to three □ Make sure there are no crevices or holes in the trees, or 20 feet between individual trees. siding that could catch embers. □ Separate wooden fences from the house with a □ Use a non-combustible material for skirting around stone or metal barrier. the foundation
Surrounding Environment: □ Work with neighbors to reduce fuels and create Home Construction: defensible space. □ Remove debris from roofs □ Consider creating a fire prevention plan to educate □ Clean vents to keep them free of debris, to keep residents about local wildfire ignition issues embers out while allowing air flow for ventilation. □ Trim tree canopies regularly to keep their □ Make sure there are no crevices or holes in the branches a minimum of 10’ from structures and siding that could catch embers. other trees. □ Spread gravel or other non-combustible material □ Leave 30 feet between clusters of two to three under the deck. trees, or 20 feet between individual trees. □ Screen in the bottom of the deck with metal 1/8- □ Prune trees 6–10 feet from the ground. inch screening. □ Mow your lawn regularly. □ Select heat and fire-resistant siding such as metal, □ Create a ‘fire-free’ area within 5 feet of your brick, block, stone, cement board home, using non-flammable landscaping materials. □ Place angle flashing over openings between the □ Remove dead vegetation from under the deck and roof decking and fascia board. within 10 feet of the house. □ Make sure there are no crevices or holes in the □ Plant a mixture of deciduous trees, such as oaks siding that could catch embers. and maples, and coniferous trees, like pines. □ Separate wooden fences from the house with a □ Create fuel breaks like driveways and gravel stone or metal barrier. walkways. □ Use a non-combustible material for skirting around the foundation □ Install double-paned or tempered-glass windows. □ Use a fiberglass or metal screen.
□ Remove smaller conifers that are growing between taller trees.
□ Remove heavy accumulations of woody debris. Surrounding Environment: □ Work with neighbors to reduce fuels and create Home Construction: defensible space. □ Remove debris from roofs □ Consider creating a fire prevention plan to educate □ Clean vents to keep them free of debris, allowing residents about local wildfire ignition issues them to keep embers out while allowing air flow. □ Mow your lawn regularly. □ Clean debris out of gutters regularly. □ Prune trees 6–10 feet from the ground. □ Make sure there are no crevices or holes in the □ Create a spacing of 30 feet between tree crowns. siding that could catch embers. □ Create a ‘fire-free’ area within 5 feet of your □ Spread gravel or other non-combustible material home, using non-flammable landscaping materials. under the deck. □ Remove dead vegetation from under the deck and □ Use metal framing or aluminum coverings for within 10 feet of the house. wood or vinyl. □ Water plants, trees and mulch regularly. □ Use a fiberglass or metal screen. □ Consider xeriscaping if you are affected by water □ Screen in the bottom of the deck with metal 1/8- restrictions. inch screening. □ Leave 30 feet between clusters of two to three □ Select heat and fire-resistant siding such as metal, trees, or 20 feet between individual trees. brick, block, stone, cement board □ Plant a mixture of deciduous trees, such as oaks □ Inspect for gaps in roofing that can expose roof and maples, and coniferous trees, like pines. decking or supports. □ Create fuel breaks like driveways and gravel □ Place angle flashing over openings between the walkways. roof decking and fascia board. □ Separate wooden fences from the house with a □ Use a non-combustible material for skirting around stone or metal barrier. the foundation
Surrounding Environment: □ Remove heavy accumulations of woody debris. □ Work with neighbors to reduce fuels and create defensible space. □ Expand defensible space out to 200 feet or greater Home Construction: □ Trim tree canopies regularly to keep their □ Remove debris from roofs branches a minimum of 10’ from structures and □ Clean vents to keep them free of debris, allowing other trees. them to keep embers out while allowing air flow for □ Leave 30 feet between clusters of two to three ventilation. trees, or 20 feet between individual trees. □ Clean debris out of gutters regularly. □ Mow your lawn regularly. □ Make sure there are no crevices or holes in the □ Prune trees 6–10 feet from the ground. siding that could catch embers. □ Create a spacing of 30 feet between tree crowns. □ Spread gravel or other non-combustible material □ Create a ‘fire-free’ area within 5 feet of your under the deck. home, using non-flammable landscaping materials. □ Use metal framing or aluminum coverings for □ Remove dead vegetation from under the deck and wood or vinyl. within 10 feet of the house. □ Use a fiberglass or metal screen. □ Leave 30 feet between clusters of two to three □ Screen in the bottom of the deck with metal 1/8- trees, or 20 feet between individual trees. inch screening. □ Create fuel breaks like driveways and gravel □ Inspect for gaps in roofing that can expose roof walkways. decking or supports. □ Remove smaller conifers that are growing □ Place angle flashing over openings between the between taller trees. roof decking and fascia board. □ Separate wooden fences from the house with a stone or metal barrier. □ Use a non-combustible material for skirting around the foundation
Surrounding Environment: □ Reduce the density of tall trees so canopies do not □ Work with neighbors to reduce fuels and create touch. defensible space. Home Construction: □ Mow your lawn regularly. □ Remove debris from roofs □ Prune trees 6–10 feet from the ground. □ Clean vents to keep them free of debris, allowing □ Create a spacing of 30 feet between tree crowns. them to keep embers out while allowing air flow. □ Create a ‘fire-free’ area within 5 feet of your □ Clean debris out of gutters regularly. home, using non-flammable landscaping materials. □ Make sure there are no crevices or holes in the □ Remove dead vegetation from under the deck and siding that could catch embers. within 10 feet of the house. □ Use metal framing or aluminum coverings for □ Water plants, trees and mulch regularly. wood or vinyl. □ Leave 30 feet between clusters of two to three □ Screen in the bottom of the deck with metal 1/8- trees, or 20 feet between individual trees. inch screening. □ Plant a mixture of deciduous trees, such as oaks □ Select heat and fire-resistant siding such as metal, and maples, and coniferous trees, like pines. brick, block, stone, cement board □ Create fuel breaks like driveways and gravel □ Inspect for gaps in roofing that can expose roof walkways. decking or supports. □ Remove smaller conifers that are growing □ Place angle flashing over openings between the between taller trees. roof decking and fascia board. □ Remove heavy accumulations of woody debris. □ Separate wooden fences from the house with a □ Use a non-combustible material for skirting around stone or metal barrier. the foundation.
Hazardous Fuel Reduction Project Fuel reduction projects such as, creating fuel breaks or fire breaks can dramatically reduce the spread and intensity of wildfire. Reducing the density of fuel by thinning and trimming trees and removing ladder fuels helps keep the fire on the ground, increasing the chances for firefighters to control the fire. Determining where to administer such a specific treatment is critical. Practices implemented incorrectly and/or ignored will likely increase the fire risk. Locations of necessary treatments should be used only after all prevention measures, including Firewise modifications to the home and landscaping, have been completed.
Best Management Practices Closed Canopy Woodland (Shaded Fuel Break):
A closed canopy woodland is a woodland where canopy closure is sufficient to limit growth of tall grass to less than 50% of the ground cover. The intent of creating closed-canopy woodland is to reduce the chance of a surface fire transitioning into a crown fire by vertically connected ladder fuels. The heavy shade provided by a closed forest canopy suppresses the growth of grasses and other volatile fuels.
• Do not prune or remove deciduous hardwood trees. Thin conifers and live oaks less than 4-inches in diameter, but maintain dominant tree canopy cover. Thinning should involve removing entire specimen, with a focus on smaller, overtopped trees. • Remove ladder fuels that increase the chance a surface fire will transition into a crown fire. Fallen trees, branches, or other flammable debris occurring within 4-6 feet of the ground are considered ladder fuels. • Raise the canopy base height of smaller trees by removing lower limbs to a height of 6-8 feet. • In order to prevent the transmission of Oak Wilt (Ceratocystis fagacearum), avoid wounding oak trees from February to June. Paint all wounds and fresh cut stumps, regardless of season, with an approved aerosol wound dressing or latex paint.
Open Canopy Woodland The goal of creating an Open Canopy Woodland is to reduce the chance of a crown fire traveling through a closely connected canopy. Open woodland is defined as woodland where the lack of canopy closure allows grass to cover more than 50% of the ground. If the vegetation on the property is characteristic of open woodland or if there are open woodlands leading into closed woodlands, the following treatments apply:
• Thin the woodlands to preserve deciduous hardwood trees and remove less fire resistant species such as conifers, junipers, and Live Oaks that compete for the same canopy space. • In areas consisting of mostly conifers, remove smaller immature conifers. Removing conifers in the understory will reduce canopy bulk density and increase canopy base height that would otherwise contribute to a sustained crown fire. • In areas consisting of mostly conifers, only remove conifers in the over-story where trees or branches overlap, again, percent canopy cover should remain the same. Promoting fewer, but larger and smaller trees, will reduce canopy bulk density nerar the ground reduding the likelihood of a sustained crown fire.
Debris Removal: The debris or slash created from fuel reduction activities will create an increased fire risk and must be eliminated throughout the duration of the treatment. Debris reduction methods include:
a. Physical removal of all debris or slash from the treatment site. b. Chip all slash on site and leave the remaining chips in piles not to exceed 6 feet in diameter and 3 feet in height. c. Chip all slash on site and leave the remaining chips in contour rows not exceeding 1 foot wide and 1 foot in height.
Precautionary Considerations Oak Wilt: Caused by the fungus Ceratocystis fagacearum, it is the most destructive disease affecting Live oaks and red oaks in Central Texas. Use care to prevent the spread of oak wilt during implementation of the hazardous fuels treatments (i.e. painting all wounds on oaks). For more information, visit http://www.texasoakwilt.org/2011/pruning- guidelines-for-prevention-of-oak-wilt-in-te
Habitat Damage: It is the intent of this document to minimize potential impacts to threatened and endangered wildlife species and their critical habitats. Before removing or pruning a tree, based on the specifications within this document, consider the tree’s current and future contribution to the suitability of creating and/or maintaining a critical habitat for various threatened or endangered species.
Noxious and Invasive Plant Species: The Texas Department of Agriculture defines a noxious and invasive plant as: “Any plant species that has a serious potential to cause economical or ecological harm to the agriculture, horticulture, native plants, ecology and waterways of Texas” Many of these noxious and invasive plant species may also serve as undesirable ladder fuels and should be removed. More information on the identification, management and control of these noxious and invasive plants can be found at: http://www.texasagriculture.gov/regulatoryprograms/plantquality/noxiousandinvasiveplants.aspx
Projects For the city of Marble Falls, the proposed area for a fuels project is located at the Marble Falls High School. The focus of the project is a demonstration site to educate the public on the benefits of a shaded fuel break.
Ownership Restrictions Treatment Method Target Acres Acres Values Type Dates Treated Protected Protected Marble N/A Mechanical Chainsaws 1 1 473,700 Falls ISD
Public Outreach and Education Public education campaigns are designed to heighten community awareness for wildfire risks. They may be general and cover the entire city or they may be specific and target areas or issues. Texas A&M Forest Service has a large selection of public education materials on Ready, Set, Go!, Firewise Sites™, home hardening, fuels management, basic fire behavior and Firewise landscaping that can be customized for the city of Helotes.
Public Outreach
National Wildfire Community Preparedness Day
Fire Prevention Week Each year Fire Prevention Week is very active time for District 7 Fire Rescue. Fire Safety messages are taken to two elementary schools were the annual fire safety message is delivered through video and Fire Fighter interaction with each of the students. It is estimated that approximately 2,000 plus students participate each year.
Fire Station Tours Numerous station tours are given throughout the year. Wildland Urban Interface handout information is available for those who visit the fire station.
Fire Department Website http://www.marblefallsfire.org/
Local Newspapers The local newspaper has been used on numerous occasions to provide various fire safety messages, including Wildfire Preparedness and Prevention.
Public Information Radio KBEY 103.9 FM KITY 102.9 FM 1007 Ave K 719 Ford Street, Ste. 200 Marble Falls, Texas 78654 Llano, Texas 78643 830-693-7152 325-247-56654 [email protected] [email protected]
Newspapers The Highlander The Picayune 304-A Highlander Circle 1007 Ave K Marble Falls, Texas 78654 Marble Falls, Texas 78654 830-693-4367 830-693-7152 830-693-3650 – Fax [email protected] [email protected]
Prevention Signs and Posters Fire prevention signs and posters are used to meet a seasonal or non-permanent need. They are normally constructed of cardstock, cardboard, or plastic. Posters range in size from small notices for use on recreation area bulletin boards to large highway posters. There are three types of messages:
1. General Awareness or Informational: Provide reminders or information such as “Crush Smokes.” 2. Regulatory: Provide information on regulations established by law to prevent wildfires such as “Spark Arrestor Required.” 3. Prohibitive: Provide the most current information prohibiting the use of fire or acts creating fire risk such as “No Campfires.” In order to adequately post a unit during periods of fire restrictions it is desirable to have a poster mount at each road entering the unit. Visitors can’t be expected to comply with special restrictions unless they are informed.
When used correctly posters are an economical and effective method of reaching targeted audiences with timely messages. Posters relay information to the public in our absence. They may be your only public contact with visitors in certain locations. It is likely that most bulletin boards, interpretive sites, and roadside rest area signs are in place for purposes other than fire. Remember to coordinate your messages with the people who maintain these signs. This is an opportunity to share duties with others such as recognized Firewise Communities.
Sign Ordering The UNICOR Sign Factory in Lompoc, California is the source of posters and signs for the USDA Forest Service. UNICOR will sell their posters to wildland fire organizations and fire departments. Access the UNICOR website for their most current price list.
Federal Prison Industries UNICOR Sign Factory 3901 Kline Boulevard Lompoc, California 93436 805-735-6211, fax 805-735-4507 www.unicor.gov
To order posters fax your order to UNICOR and follow up your fax with a phone call to provide payment information. Do not put credit card information on your order form. Standard shelf stock orders are shipped within twenty working days. In the case of a fire emergency UNICOR offers fast delivery. In the event of a fire emergency request quick shipment and UNICOR will pull your order within 24-48 hours and ship via Federal Express on your Fed-Ex number.
Special Orders Shelf stock posters have the USDA Forest Service logo. You can special order posters of your own design or order these designs with your organization’s logo. A special order form, “Request for Custom Sign Quote”, is found at the end of this appendix. Allow additional time on special orders for design, printing, and shipping.
Resource and Training Needs The National Incident Management System Wildland Fire Qualification System Guide, PMS 310-1, developed under the sponsorship of the National Wildfire Coordinating Group (NWCG), is designed to:
1. Establish minimum requirements for training, experience, physical fitness level, and currency standards for wildland fire positions, which all participating agencies have agreed to meet for national mobilization. Standards may be augmented to meet specific needs within an agency, but the augmentation cannot be imposed by an agency on its cooperators who meet the minimums outlined in this guide. 2. Allow cooperating agencies to jointly agree upon training, experience, physical fitness level, and currency standards to meet fire management needs for wildland fire (wildland fire includes wildfire and prescribed fire). 3. Establish minimum qualifications for personnel involved in prescribed fires on which resources of more than one agency are utilized—unless local agreements specify otherwise.
NWCG recognizes the ability of cooperating agencies at the local level to jointly define and accept each other’s qualifications for initial attack, extended attack, large fire operations, and prescribed fire.
Position Qualifications Required Training: Required training provides a direct link between training and job performance to provide for responder health and safe operations on wildland fires. Required training cannot be challenged.
• Note: The only exception to the PMS 310-1 required training is for structural firefighters using the Crosswalk for qualification in FFT2, FFT1, ENGB and/or STEN. Those using the Crosswalk must use the identified gap course material (G-130, G-131, G-231, G-330) and obtain appropriate course certificates. Refer to the Crosswalk for Structural and Wildland Firefighters section of the PMS 310-1 for further guidance.
Physical Fitness Levels: Personnel must meet established physical fitness levels for wildland fire assignments. Agencies may determine the method of evaluating the physical fitness level of their personnel. However, the testing method should be a measurable evaluation process. Four levels of physical fitness have been established.
• Arduous – Duties involve fieldwork requiring physical performance calling for above-average endurance and superior conditioning. These duties may include an occasional demand for extraordinarily strenuous activities in emergencies under adverse environmental conditions and over extended periods of time. Requirements include running, walking, climbing, jumping, twisting, bending, and lifting more than 50 pounds; the pace of work typically is set by the emergency situation. • Moderate – Duties involve fieldwork requiring complete control of all physical faculties and may include considerable walking over irregular ground, standing for long periods of time, lifting 25 to 50 pounds, climbing, bending, stooping, squatting, twisting, and reaching. Occasional demands may be required for moderately strenuous activities in emergencies over long periods of time. Individuals usually set their own work pace. • Light – Duties mainly involve office-type work with occasional field activity characterized by light physical exertion requiring basic good health. Activities may include climbing stairs, standing, operating a vehicle, and long hours of work, as well as some bending, stooping, or light lifting. Individuals can usually govern the extent and pace of their physical activity. • None required – Positions that do not require a physical fitness level.
Other Training Which Supports Development of Knowledge and Skills: Personnel are not required to complete NWCG courses referenced under “Other Training Which Supports Development of Knowledge and Skills” in order to qualify for an NWCG position—unless specific agency policy dictates otherwise. Although training referenced here is not “required,” the training provided in the identified courses is a primary means by which personnel can prepare for position performance evaluation by obtaining specific knowledge and skills required to perform tasks identified in the PTB.
Qualification Required Training Other Training ICS 100 Introduction to ICS L180 Human Factors in the Wildland Fire FFT2 Service Firefighter N/A S130 Firefighter Training Type II S-190 Introduction to Wildland Fire Behavior IS700 NIMS: An Introduction FFT1 S219 Firing Operations S131 Firefighter Type 1 Firefighter S211 Portable Pumps and Water Use S133 Look Up. Look Down, Look Around Type I S212 Wildland Fire Chainsaws S270 Basic Air Operations S231 Engine Boss (Single Resource) ICS200 ICS for Single Resources ENGB L280 Followership to Leadership S230 Crew Boss (Single Resource) Engine Boss S219 Firing Operations S290 Intermediate Wildland Fire Behavior S-260 Interagency Incident Business Management ICS300 Intermediate ICS for Expanding STEN Incidents L380 Fireline Leadership Strike Team IS800b NRF: An Introduction S336 Tactical Decision Making in Wildland Leader S215 Fire Operation in the Wildland Urban Fire Engines Interface S330 Task Force/Strike Team Leader Source: PMS 310-1, Wildland Fire Qualification System Guide
Texas Intrastate Fire Mutual Aid System (TIFMAS) Skills Crosswalk: The Skills Crosswalk identifies critical wildland firefighting skills that structural firefighters need to be safe and effective in either of two situations: when making an initial attack on a wildland fire in their jurisdiction, or when working with state and federal wildland firefighter agencies. The Crosswalk was developed by analyzing and comparing National Fire Protection Association (NFPA) structural firefighting standards with National Wildland Coordinating Group (NWCG) wildland firefighting Position Task Books. The resulting Crosswalk identifies wildland skills and knowledge not incorporated within standard structural firefighting training. By incorporating a structural firefighter’s existing fire suppression knowledge and skills, use of this Crosswalk reduces required classroom hours, minimizes curriculum redundancies, and makes efficient use of limited training hours. Coursework, practical demonstration of skills using NWCG Task Books, and the use of materials in resource kits assembled for each position have been incorporated into the Crosswalk. Four specific NWCG positions are incorporated in Crosswalk, each paired with a counterpart structural position, as shown below:
Structural Fire Counterpart Position Entering Qualifications NWCG Position
Non-Supervisory Structural Meets NFPA 1001 for Firefighter 1, or Firefighter 2 (FF2)* Firefighter, Basic equivalency
Non-Supervisory Structural Meets NFPA 1001 for Firefighter 2, or Firefighter 1 (FF1)* Firefighter, Advanced equivalency
Driver/Operator/Engineer or Meets NFPA 1021 for Fire Officer 1, or Single-Engine Resource Company Officer equivalency Boss (ENGB) Experienced lieutenants, captains, Meets NFPA 1021 s for Fire Officer, or Strike Team Leader chief officers equivalency (STEN)
Crosswalk can be used as an NWCG equivalency and certification tool by structural firefighters and fire officers who meet the qualifications of firefighters as specified by NFPA 1001 and NFPA 1021, respectively, or the training standard determined as equivalent by the AHJ. The following table portrays training hours savings with use of the Crosswalk.
NWCG Positions NWCG Curriculum Hours Structural Equivalent Skills Crosswalk Hours Positions Firefighter 1 (FF1) 54 Non-Supervisory Structural 17.5 Firefighter, Advanced Single-Engine Resource 88 Driver/Operator/Engineer or 44 Boss (ENGB) Company Officer Strike Team Leader 24 Experienced lieutenants, 12.25 (STEN) captains, chief officers
RT-130, Annual Fireline Safety Refresher Training: Annual Fireline Safety Refresher Training is required for all positions as identified in the Wildland Fire Qualifications System Guide (NWCG 310-1). Annual Fireline Safety Refresher Training must include the following core topics:
a. Entrapment Avoidance – Use training and reference materials to study the risk management process (as identified in the Incident Response Pocket Guide) and rules of engagement (as appropriate to the participants, e.g. LCES, Standard Firefighting Orders, Eighteen Watch Out Situations, WFSA direction, Fire Management Plan priorities, etc.). b. Current Issues – Review and discuss identified hot topics and national emphasis topics as found on the current WFSTAR web site. Review forecasts and assessments for the upcoming fire season and discuss implications for firefighter safety. c. Fire Shelter – Review and discuss last resort survival. Conduct hands on fire shelter inspections. Practice shelter deployments in applicable crew/module configurations and while wearing typical fireline personal protective equipment. When possible, practice shelter deployments should be conducted in rough terrain and windy conditions. No live fire exercises for the purpose of fire shelter deployment training will be conducted. d. Other Hazards and Safety Issues – Choose additional hazard and safety subjects, which could include SAFENET, current safety alerts, site/unit specific safety issues and hazards. e. CE hours – CE Hours are per calendar year (January through December). Four hours are required each year following the year you receive your training for Basic Wildland (130/190/L180). f. The Authority Having Jurisdiction is responsible for insuring and documenting the 4 hours of CE annually. g. Fire Shelter review and discussion are a mandatory part of CE each year.
NWCG Chainsaw Certification Standards: A Faller 3 is an individual being trained or evaluated in introductory level, non-complex chain saw operations. Work of a Faller 3 trainee should be under the supervision of a qualified Faller 3, 2 or 1. The TIFMAS Certification Committee has established the following minimum qualification and certification process for Chainsaw Operators (Red Card certified as Class 3 Faller).
a. Successful completion of S-212, including the field exercise. b. Successful completion of NWCG Faller Class 3 position taskbook. c. Successful completion of biennial refresher training, including chainsaw maintenance, safety review, successful evaluation in introductory level, noncomplex chain saw operations, including demonstrating proficiency in limbing, bucking, and brush removal under various conditions.
Source: Texas Intrastate Fire Mutual Aid System (TIFMAS) Buisness and Mobilization Procedures. P. 47-50
To maximize the effiecency of training, chainsaw classes and refreshers should utilize the fuel reduction projects identified in this CWPP. Saw classes and refreshers have a required field day that can be spent working on tree and brush removal at the proposed fuel reduction sites. The classes should also be timed so that they fall in the window allowed by endangered species in the area (March - August).
Evacuation Advise neighboring jurisdictions and the local Disaster District that evacuation recommendation or order will be issued. Disseminate evacuation recommendation or order to special needs facilities and populations. Provide assistance in evacuating, if needed. Disseminate evacuation recommendation or order to the public through available warning systems, clearly identifying areas to be evacuated. Provide amplifying information to the public through the media.
Staff and open temporary shelters. Provide traffic control along evacuation routes and establish procedures for dealing with vehicle breakdowns on such routes. Provide transportation assistance to those who require it. Provide security in or control access to evacuated areas. Provide Situation Reports on evacuation to the local Disaster District.
Pets Depending on the situation and availability of facilities, one or more of the following approaches will be used to handle evacuees arriving with pets: − Provide pet owners information on nearby kennels, animal shelters and veterinary clinics that have agreed to temporarily shelter pets. − Direct pet owners to a public shelter with covered exterior corridors or adjacent support buildings where pets on leashes and in carriers may be temporarily housed. − Set up temporary pet shelters at fairgrounds, rodeo or stock show barns, livestock auctions and other similar facilities.
Special Consideration for Livestock Livestock are sensitive and responsive to wildfire anywhere within their sensory range. Normal reactions vary from nervousness to panic to aggressive and resistive escape attempts. Livestock often are injured or killed by fleeing from a wildfire into fences, barriers and other fire risks. Once the flight syndrome kicks in, it is retained long after the smoke, heat and noise stimuli are removed. Some animal species such as alpacas, llamas and especially horses become virtually unmanageable in the face of oncoming wildfire. In situations like this, experienced handlers (as many as possible), proper equipment and a firm and prompt evacuation approach is needed. If time is limited because of fire ground speed, open possible escape routes and recapture animals later.
In the case of a fast-moving fire, some landowners spray paint their phone numbers on the sides of livestock before setting them free. Others attach identification tags to animals. If you choose to leave a halter on your animal, consider attaching identification, such as a luggage tag. Firefighters may cut fences and open gates if time and safety concerns allow.
Return of Evacuees If evacuated areas have been damaged, reopen roads, eliminate significant health and safety hazards and conduct damage assessments. Determine requirements for traffic control for return of evacuees. Determine requirements for and coordinate provision of transportation for return of evacuees. Advise neighboring jurisdictions and local Disaster District that return of evacuees will begin. Advise evacuees through the media that they can return to their homes and businesses; indicate preferred travel routes. Provide traffic control for return of evacuees. Coordinate temporary housing for evacuees who are unable to return to their residences. Coordinate with special needs facilities regarding return of evacuees to those facilities. If evacuated areas have sustained damage, provide the public information that addresses: − Documenting damage and making expedient repairs − Caution in reactivating utilities and damaged appliances − Cleanup and removal/disposal of debris − Recovery programs
Terminate temporary shelter and mass care operations. Maintain access controls for areas that cannot be safely reoccupied.
Wildland Urban Interface Code
International Wildland Urban Interface Code The International Wildland Urban Interface Code (IWUIC) is a model code that is intended to be adopted and used supplemental to the adopted building and fire codes of a jurisdiction. The unrestricted use of property in wildland- urban interface areas is a potential threat to life and property from fire and resulting erosion. The IWUIC has as its objective the establishment of minimum special regulations for the safeguarding of life and property from the intrusion of fire from wildland fire exposures and fire exposures from adjacent structures and to prevent structure fires from spreading to wildland fuels, even in the absence of fire department intervention.
NFPA 1141 Standard for Fire Protection Infrastructure for Land Development in Wildland, Rural and Suburban Areas NFPA 1141, Standard for Fire Protection Infrastructure for Land Development in Wildland, Rural, and Suburban Areas, was prepared by the technical committee on Forest and Rural Fire Protection. The technical committee responded to the rapid development of structures into areas that present unusual characteristics to responding fire agencies and worked extensively on making NFPA 1141 current with other documents and more usable by adopting jurisdictions. The committee was particularly interested in keeping the flexibility in the application of the standard by jurisdiction so that it works with existing codes and standards that may or may not adequately cover planned building groups.
The scope of the document was revised to focus on providing guidance on the development of the community infrastructure necessary to eliminate fire protection problems that result from rapid growth and change. Additional guidance was taken from the USDA Forest Service and the National Wildland/Urban Interface Fire Program (Firewise Communities), as well as input from several committee members and outside experts.
NFPA 1144 Standard for Reducing Structure Ignition Hazards from Wildland Fire NFPA 1144, Standard for Reducing Structure Ignition Hazards from Wildland Fire, was prepared by the Technical Committee on Forest and Rural Fire Protection. It was officially adopted by state and local governments and adapted for use by numerous jurisdictions involved in planning Firewise Communities. The committee tested various assessment system versions in several Firewise Communities workshops, sponsored by the National Wildland/Urban Interface Fire Program, before arriving at the relative values and hazard levels given in the document. The committee increased the severity values for non-rated roofing, inadequate separation of vegetation from structures, and separation of structures from one another. Mitigation Funding Sources
FEMA Hazard Mitigation Grant Program The Hazard Mitigation Grant Program (HMGP) provides grants to states and local governments to implement long- term hazard mitigation measures after a major disaster declaration. The purpose of the HMGP is to reduce the loss of life and property due to natural disasters and to enable mitigation measures to be implemented during the immediate recovery from a disaster. The HMGP is authorized under Section 404 of the Robert T. Stafford Disaster Relief and Emergency Assistance Act. http://www.fema.gov/hazard-mitigation-grant-program Texas A&M Forest Service Capacity Building
Texas A&M Forest Service provides eligible fire departments with programs designed to enhance their ability to protect the public and fire service personnel from fire and related hazards. Ten highly successful programs are currently administered to help fire departments discover and achieve their potential. Citizens are better served by well-trained and equipped fire department personnel. http://texasfd.com
Rural Volunteer Fire Department Assistance Program (HB 2604) The Texas Rural Volunteer Fire Department Assistance Program is a cost-share program funded by the Texas State Legislature. It provides funding to rural volunteer fire departments for the acquisition of firefighting vehicles, fire and rescue equipment, protective clothing, dry-hydrants, computer systems and firefighter training. Chartered, non-profit volunteer fire department operated by its members is eligible. Any part-paid/part volunteer fire department is also eligible provided the number of paid members is 20 or less. http://texasforestservice.tamu.edu/main/popup.aspx?id=9436
Implementation Timetable Tracking of Progress/Fire Planning Checklist
Tracking of Progress Public Firewise Fire Department Fuel Reduction Ingress/Egress Year Education Communities Wildland Training Projects Completed Issues Addressed Events Hosted Registered Classes
2017
2018
2019
2020
2021
Completed and In Progress Projects in Marble Falls
Firewise Sites™
High Risk / High Priority Communities
Community Name Firewise Recognition Point of Contact Recognition Date
Hazardous Fuel Reduction Projects
Priority Hazardous Fuel Reduction Projects
Project Name Ownership Completed Date Point of Contact
Ingress/Egress
One Way In, One Way Out Communities With No Emergency Access
Community Name Solution Completed Date
Woodland Park
Four Oaks
Claremont Pkwy
Lake Marble Falls
Highland Terrace
Hillcrest Addition
Training
Department Wildland Qualifications
Position Open Task Books Qualified Goal
FFT2
FFT1 FAL3
ENGB
STEN
Department Wildland Training Needs
Class Need Complete
ICS-100 Introduction to ICS
L-180 Human Factors in the Wildland Fire Service
S-130 Firefighter Training
S-190 Introduction to Wildland Fire Behavior
IS700 NIMS: An Introduction
S-131 Firefighter Type 1
S-133 Look Up, Look Down, Look Around
S-219 Firing Operations
S-211 Portable Pumps and Water Use
S-212 Wildland Fire Chainsaws
ICS-200 ICS for Single Resources and Initial Attack Incidents
S-230 Crew Boss (Single Resource)
S-290 Intermediate Wildland Fire Behavior
S-270 Basic Air Operations
S-231 Engine Boss (Single Resource)
L-280 Followership to Leadership
S-260 Interagency Business Management
ICS-300 Intermediate ICS for Expanding Incidents
IS800B NRF: An Introduction S-215 Fire Operations in the Wildland Urban Interface
S-330 Task Force/Strike Team Leader
L-380 Fireline Leadership
S-336 Tactical Decision Making in Wildland Fire
Appendices
June 5, 2018 7. REGULAR AGENDA
(b) Discussion and Action regarding approval of a Local Participation Agreement (LPA), Resolution 2018-R-06A, and conveyance documents to the State of Texas authorizing and supporting the Texas Department of Transportation (TxDOT) to make certain highway improvements within the City widening US 281 from RM 2147 East to 0.466 miles North of SH 71, the acquisition of certain right of way and relocating and adjusting of utilities associated with the project and City of Marble Falls’ local participation to the project by donation of required right-of-way to the State of Texas. Caleb Kraenzel, AICP, Assistant City Manager
7(b) Council Agenda Item Cover Memo June 5, 2018
Agenda Item No.: 7(b) Presenter: Caleb Kraenzel, Assistant City Manager Department: Administration Legal Review: ☒
AGENDA CAPTION Discussion and Action regarding approval of a Local Participation Agreement (LPA), Resolution 2018-R-06A, and conveyance documents to the State of Texas authorizing and supporting the Texas Department of Transportation (TxDOT) to make certain highway improvements within the City widening US 281 from RM 2147 East to 0.466 miles North of SH 71, the acquisition of certain right of way and relocating and adjusting of utilities associated with the project and City of Marble Falls’ local participation to the project by donation of required right-of-way to the State of Texas. BACKGROUND INFORMATION This item consists of a resolution and agreement to support and contribute to the S US 281 widening project, from RM 2147 East to 0.466 miles North of SH 71, which includes the acquisition of required right of way and relocating and adjusting of utilities conflicting with the proposed highway construction. State transportation projects proposed to be construction in within the jurisdiction of a local government require approval and participation the local government. • Resolution 2018-R-06A provides the documentation of the City’s approval for the project. • The Agreement between the State and City provides how the City will meet its required local participation/contribution to the project. Cities are required to fund ten percent (10%) of the right-of-way acquisition cost for TxDOT improvement projects.
o Agreement - Exhibit C provides for the City of Marble Falls project participation as “Real Property in Lieu of Monetary Payment.” Total Estimated Project Acquisition - $3,092,148.40 State Participation – 90%, $2,782,933.56 right-of-way City of Marble Falls Participation – 10%, $309,214.84 right-of-way $ 85,000.00 utility relocation
7 (b) - Page 1 of 3 City – Real Property in Lieu of Monetary Payment, $394,214.84 2.5 Acres, Appraised at $865,232.00
The land being donated by the City of Marble Falls as the Real Property in Lieu of Monetary Payment was a donation accepted by the City in February 2017. It consisted of the following: Ellison Roper Land Corp. donated a 4.05 acres of land for right-of-way, 0.04 acres of drainage easement, 0.14 acres of Temporary Easement (for construction). Thomas E. Taylor, individually, and Thomas A. Edwards and Bonnie K. Edwards, Trustees of the Thomas A. Edwards and Bonnie K. Edwards Family Trust donated 0.19 acres.
RECOMMENDATION Based on the previously accepted right-of-way donations by the City for the proposed improvement project on US 281 and project scope improving public safety, heath, and welfare, City Staff recommends approval of the Resolution, Local Participation Agreement, and conveyance documents with TxDOT to contribute required right-of-way land to the State of Texas in lieu of a monetary contribution.
Memo Contents: • Informational Map: Page 3 • TxDOT Local Participation Agreement, 13 pages Pages 4 - 17 • Resolution 2018-R-06A, 39 pages Pages 18 - 56 • Conveyance deeds to TxDOT Pages 57 – 100 o Parcels 2 and 9 (Roper), 37 pages o Parcel 8, (Taylor/Edwards), 8 pages
Hyperlink to detailed Google Earth File of project – Click here.
7 (b) - Page 2 of 3
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STATE OF TEXAS §
COUNTY OF TRAVIS §
AGREEMENT TO CONTRIBUTE RIGHT OF WAY FUNDS (FIXED PRICE)
THIS AGREEMENT is made by and between the State of Texas, acting through the Texas Department of Transportation, (the “State”), and The City of Marble Falls, Texas, acting through its duly authorized officials (the “Local Government”).
WITNESSETH
WHEREAS, Texas Transportation Code §§ 201.103 and 222.052 establish that the State shall design, construct, and operate a system of highways in cooperation with local governments; and
WHEREAS, Texas Transportation Code, §§ 201.209 authorizes the State and a Local Government to enter into agreements in accordance with Texas Government Code, Chapter 791; and
WHEREAS, the State has deemed it necessary to make certain highway improvements on Highway No. US 281 from RM 2147 East to 0.466 MI North of SH 71, and this section of highway improvements will necessitate the acquisition of certain right of way and the relocating and adjusting of utilities (the “Project”); and
WHEREAS, the Local Government requests that the State assume responsibility for acquisition of all necessary right of way and adjustment of utilities for this highway project; and
WHEREAS, the Local Government desires to enter into a fixed price joint participation agreement pursuant to 43 TAC §15.52 to contribute to the State funding participation as defined in 43 TAC §15.55 for the cost of acquiring the right of way and relocating or adjusting utilities for the proper improvement of the State Highway System;
WHEREAS, the Governing Body of the Local Government has approved entering into this agreement by resolution or ordinance dated June 5, 2018, which is attached to and made a part of this agreement as Attachment A. A map showing the Project location appears in Attachment B, which is attached to and made a part of this agreement.
NOW THEREFORE, the State and the Local Government do agree as follows:
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AGREEMENT
1. Agreement Period This agreement becomes effective when signed by the last party whose signing makes the agreement fully executed. This agreement shall remain in effect until the Project is completed or unless terminated as provided below.
2. Termination This agreement shall remain in effect until the Project is completed and accepted by all parties, unless: A. The agreement is terminated in writing with the mutual consent of the parties; B. The agreement is terminated by one party because of a breach, in which case any cost incurred because of the breach shall be paid by the breaching party; or C. The Project is inactive for thirty-six (36) months or longer and no expenditures have been charged against federal funds, in which case the State may in its discretion terminate this agreement.
3. Local Project Sources and Uses of Funds A. The total estimated cost of the Project is shown in Attachment C, Project Budget Estimate and Payment Schedule, which is attached to and made a part of this agreement. The expected cash contributions from the Federal or State government, the Local Government, or other parties is shown in Attachment C. The Local Government shall pay to the State the amount shown in Attachment C as its required contribution of the total cost of the Project and shall transmit to the State with the return of this agreement, duly executed by the Local Government, a warrant or check for the amount and according to the payment schedule shown in Attachment C. B. The Local Government’s fixed price contribution set forth in Attachment C is not subject to adjustment unless: 1. site conditions change; 2. work requested by the Local Government is ineligible for federal participation; or 3. the adjustment is mutually agreed on by the State and the Local Government. C. If the Local Government will perform any work under this contract for which reimbursement will be provided by or through the State, the Local Government must complete training before federal spending authority is obligated. Training is complete when at least one individual who is working actively and directly on the Project successfully completes and receives a certificate for the course entitled Local Government Project Procedures Qualification for the Texas Department of Transportation. The Local Government shall provide the certificate of qualification to the State. The individual who receives the training certificate may be an employee of the Local Government or an employee of a firm that has been contracted by the Local
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Government to perform oversight of the Project. The State in its discretion may deny reimbursement if the Local Government has not designated a qualified individual to oversee the Project. D. Whenever funds are paid by the Local Government to the State under this agreement, the Local Government shall remit a warrant or check made payable to the “Texas Department of Transportation Trust Fund.” The warrant or check shall be deposited by the State in an escrow account to be managed by the State. Funds in the escrow account may only be applied to this highway project. E. Notwithstanding that this is a fixed price agreement, the Local Government agrees that in the event any existing, future, or proposed Local Government ordinance, commissioner’s court order, rule, policy, or other directive, including, but not limited to, outdoor advertising or storm water drainage facility requirements, is more restrictive than State or federal regulations, or any other locally proposed change, including, but not limited to, plats or re-plats, results in any increased costs to the State, then the Local Government will pay one hundred percent (100%) of all those increased costs, even if the applicable county qualifies as an Economically Disadvantaged County (EDC). The amount of the increased costs associated with the existing, future, or proposed Local Government ordinance, commissioner’s court order, rule, policy, or other directive will be determined by the State at its sole discretion. F. If the Local Government is an EDC and if the State has approved adjustments to the standard financing arrangement, this agreement reflects those adjustments. G. If the Project has been approved for an “incremental payment” non-standard funding or payment arrangement under 43 TAC §15.52, the budget in Attachment C will clearly state the incremental payment schedule.
4. Real Property in Lieu of Monetary Payment A. Contributions of real property may be credited to the Local Government's funding obligation for the cost of right of way to be acquired for this project. Credit for all real property, other than property which is already dedicated or in use as a public road, contributed by the Local Government to the State shall be based on the property's fair market value established as of the effective date of this agreement. The fair market value shall not include increases or decreases in value caused by the project and should include the value of the land and improvements being conveyed, excluding any damages to the remainder. The amount of any credit for real property contributed for this project is clearly shown in Attachment C. B. The Local Government will provide to the State all documentation to support the determined fair market value of the donated property. This documentation shall include an appraisal of the property by a licensed appraiser approved by the State. The cost of appraisal will be the responsibility of the State. The State will review the submitted documentation and make a final determination of value; provided however, the State may perform any additional investigation deemed necessary, including supplemental appraisal work by State employees or employment of fee appraisers.
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C. Credit shall be given only for property transferred at no cost to the State after the effective date of this agreement and the issuance of spending authority, and only for property which is necessary to complete this project, has title acceptable to the State, and is not contaminated with hazardous materials. Credit shall be in lieu of monetary contributions required to be paid to the State for the Local Government's funding share of the right of way to be acquired for this project. The total credit cannot exceed the Local Government's matching share of the right of way obligation under this agreement, and credits cannot be reimbursed in cash to the Local Government, applied to project phases other than right of way, nor used for other projects. D. In the event the Local Government's monetary contributions to the State for acquisition of right of way, when added to its real property credits, exceed the Local Government's matching share of the right of way obligation, there will be no refund to the Local Government of any portion of its contributed money.
5. Amendments Amendments to this agreement due to changes in the character of the work, terms of the agreement, or responsibilities of the parties relating to the Project may be enacted through a mutually agreed upon, written supplemental agreement.
6. Notices All notices to either party by the other required under this agreement shall be delivered personally or sent by certified or U.S. mail, postage prepaid, to the following addresses:
Local Government: State:
Mayor John Packer Director of Right of Way Division
City of Marble Falls Texas Department of Transportation
800 3rd Street 125 E. 11th Street
Marble Falls, Texas 78654 Austin, Texas 78701
All notices shall be deemed given on the date delivered or deposited in the mail, unless otherwise provided by this agreement. Either party may change the above address by sending written notice of the change to the other party. Either party may request in writing that notices shall be delivered personally or by certified U.S. mail and that request shall be honored and carried out by the other party.
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7. Remedies This agreement shall not be considered as specifying the exclusive remedy for any agreement default, but all remedies existing at law and in equity may be availed of by either party to this agreement and shall be cumulative.
8. Legal Construction If one or more of the provisions contained in this agreement shall for any reason be held invalid, illegal, or unenforceable in any respect, that invalidity, illegality, or unenforceability shall not affect any other provisions and this agreement shall be construed as if it did not contain the invalid, illegal, or unenforceable provision.
9. Responsibilities of the Parties The State and the Local Government agree that neither party is an agent, servant, or employee of the other party and each party agrees it is responsible for its individual acts and deeds as well as the acts and deeds of its contractors, employees, representatives, and agents.
10. Compliance with Laws The parties shall comply with all federal, state, and local laws, statutes, ordinances, rules and regulations, and the orders and decrees of any courts or administrative bodies or tribunals in any manner affecting the performance of this agreement. When required, the Local Government shall furnish the State with satisfactory proof of this compliance.
11. Sole Agreement This agreement constitutes the sole and only agreement between the parties and supersedes any prior understandings or written or oral agreements respecting the subject matter of this agreement.
12. Ownership of Documents Upon completion or termination of this agreement, all documents prepared by the State shall remain the property of the State. All data prepared under this agreement shall be made available to the State without restriction or limitation on their further use. All documents produced or approved or otherwise created by the Local Government shall be transmitted to the State in the form of photocopy reproduction on a monthly basis as required by the State. The originals shall remain the property of the Local Government. At the request of the State, the Local Government shall submit any information required by the State in the format directed by the State.
13. Inspection of Books and Records The Local Government shall maintain all books, papers, accounting records and other documentation relating to costs incurred under this agreement and shall make such materials available to the State and, if federally funded, the Federal Highway
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Administration (FHWA) or their duly authorized representatives for review and inspection at its office during the contract period and for four (4) years from the date of completion of work defined under this agreement or until any impending litigation, or claims are resolved. Additionally, the State and FHWA and their duly authorized representatives shall have access to all the governmental records that are directly applicable to this agreement for the purpose of making audits, examinations, excerpts, and transcriptions.
14. State Auditor The state auditor may conduct an audit or investigation of any entity receiving funds from the State directly under this agreement or indirectly through a subcontract under this agreement. Acceptance of funds directly under this agreement or indirectly through a subcontract under this agreement acts as acceptance of the authority of the state auditor, under the direction of the legislative audit committee, to conduct an audit or investigation in connection with those funds. An entity that is the subject of an audit or investigation must provide the state auditor with access to any information the state auditor considers relevant to the investigation or audit.
15. Procurement and Property Management Standards The parties shall adhere to the procurement standards established in Title 49 CFR §18.36 and with the property management standard established in Title 49 CFR §18.32.
16. Civil Rights Compliance The parties to this agreement shall comply with the regulations of the U.S. Department of Transportation as they relate to nondiscrimination (49 CFR Part 21 and 23 CFR Part 200), and Executive Order 11246 titled “Equal Employment Opportunity,” as amended by Executive Order 11375 and supplemented in the Department of Labor Regulations (41 CFR Part 60).
17. Applicability of Federal Provisions Articles 18 through 23 only apply if Federal funding is used in the acquisition of right of way or the adjustment of utilities.
18. Office of Management and Budget (OMB) Cost Principles In order to be reimbursed with federal funds, the parties shall comply with the Cost Principles established in OMB Circular A-87 that specify that all reimbursed costs are allowable, reasonable, and allocable to the Project.
19. Disadvantaged Business Enterprise (DBE) Program Requirements A. The parties shall comply with the DBE Program requirements established in 49 CFR Part 26. B. The Local Government shall adopt, in its totality, the State’s federally approved DBE program.
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C. The Local Government shall set an appropriate DBE goal consistent with the State’s DBE guidelines and in consideration of the local market, project size, and nature of the goods or services to be acquired. The Local Government shall have final decision- making authority regarding the DBE goal and shall be responsible for documenting its actions. D. The Local Government shall follow all other parts of the State’s DBE program referenced in TxDOT Form 2395, Memorandum of Understanding Regarding the Adoption of the Texas Department of Transportation's Federally -Approved Disadvantaged Business Enterprise by Entity and attachments found at web address http://txdot.gov/business/business_outreach/mou.htm. E. The Local Government shall not discriminate on the basis of race, color, national origin, or sex in the award and performance of any U.S. Department of Transportation (DOT)- assisted contract or in the administration of its DBE program or the requirements of 49 CFR Part 26. The Local Government shall take all necessary and reasonable steps under 49 CFR Part 26 to ensure non-discrimination in award and administration of DOT-assisted contracts. The State’s DBE program, as required by 49 CFR Part 26 and as approved by DOT, is incorporated by reference in this agreement. Implementation of this program is a legal obligation and failure to carry out its terms shall be treated as a violation of this agreement. Upon notification to the Local Government of its failure to carry out its approved program, the State may impose sanctions as provided for under 49 CFR Part 26 and may, in appropriate cases, refer the matter for enforcement under 18 USC 1001 and the Program Fraud Civil Remedies Act of 1986 (31 USC 3801 et seq.). F. Each contract the Local Government signs with a contractor (and each subcontract the prime contractor signs with a sub-contractor) must include the following assurance: The contractor, sub-recipient, or sub-contractor shall not discriminate on the basis of race, color, national origin, or sex in the performance of this contract. The contractor shall carry out applicable requirements of 49 CFR Part 26 in the award and administration of DOT-assisted contracts. Failure by the contractor to carry out these requirements is a material breach of this agreement, which may result in the termination of this agreement or such other remedy as the recipient deems appropriate.
20. Debarment Certification The parties are prohibited from making any award at any tier to any party that is debarred or suspended or otherwise excluded from or ineligible for participation in Federal Assistance Programs under Executive Order 12549, “Debarment and Suspension.” By executing this agreement, the Local Government certifies that it is not currently debarred, suspended, or otherwise excluded from or ineligible for participation in Federal Assistance Programs under Executive Order 12549 and further certifies that it will not do business with any party that is currently debarred, suspended, or otherwise excluded from or ineligible for participation in Federal Assistance Programs under Executive Order 12549. The parties to this contract shall require any party to a subcontract or purchase order awarded under this
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contract to certify its eligibility to receive federal funds and, when requested by the State, to furnish a copy of the certification.
21. Lobbying Certification In executing this agreement, each signatory certifies to the best of that signatory’s knowledge and belief, that: A. No federal appropriated funds have been paid or will be paid by or on behalf of the parties to any person for influencing or attempting to influence an officer or employee of any federal agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with the awarding of any federal contract, the making of any federal grant, the making of any federal loan, the entering into of any cooperative agreement, and the extension, continuation, renewal, amendment, or modification of any federal contract, grant, loan, or cooperative agreement. B. If any funds other than federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with federal contracts, grants, loans, or cooperative agreements, the signatory for the Local Government shall complete and submit the Federal Standard Form-LLL, “Disclosure Form to Report Lobbying,” in accordance with its instructions. C. The parties shall require that the language of this certification shall be included in the award documents for all sub-awards at all tiers (including subcontracts, sub-grants, and contracts under grants, loans, and cooperative agreements) and all sub-recipients shall certify and disclose accordingly. Submission of this certification is a prerequisite for making or entering into this transaction imposed by Title 31 USC §1352. Any person who fails to file the required certification shall be subject to a civil penalty of not less than $10,000 and not more than $100,000 for each failure.
22. Federal Funding Accountability and Transparency Act Requirements A. Any recipient of funds under this agreement agrees to comply with the Federal Funding Accountability and Transparency Act (FFATA) and implementing regulations at 2 CFR Part 170, including Appendix A. This agreement is subject to the following award terms: http://www.gpo.gov/fdsys/pkg/FR-2010-09-14/pdf/2010-22705.pdf and http://www.gpo.gov/fdsys/pkg/FR-2010-09-14/pdf/2010-22706.pdf. B. The Local Government agrees that it shall: 1. Obtain and provide to the State a System for Award Management (SAM) number (Federal Acquisition Regulation, Part 4, Sub-part 4.11) if this award provides more than $25,000 in Federal funding. The SAM number may be obtained by visiting the SAM website whose address is: https://www.sam.gov/portal/public/SAM/ 2. Obtain and provide to the State a Data Universal Numbering System (DUNS) number, a unique nine-character number that allows Federal government to track the
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distribution of federal money. The DUNS may be requested free of charge for all businesses and entities required to do so by visiting the Dun & Bradstreet (D&B) on-line registration website http://fedgov.dnb.com/webform; and 3. Report the total compensation and names of its top five (5) executives to the State if: i. More than 80% of annual gross revenues are from the Federal government, and those revenues are greater than $25,000,000; and ii. The compensation information is not already available through reporting to the U.S. Securities and Exchange Commission.
23. Single Audit Report A. The parties shall comply with the requirements of the Single Audit Act of 1984, P.L. 98- 502, ensuring that the single audit report includes the coverage stipulated in OMB Circular A-133. B. If threshold expenditures of $750,000 or more are met during the Local Government’s fiscal year, the Local Government must submit a Single Audit Report and Management Letter (if applicable) to TxDOT's Audit Office, 125 E. 11th Street, Austin, TX 78701 or contact TxDOT’s Audit Office at http://txdot.gov/inside-txdot/office/audit/contact.html C. If expenditures are less than $750,000 during the Local Government’s fiscal year, the Local Government must submit a statement to TxDOT's Audit Office as follows: "We did not meet the $750,000 expenditure threshold and therefore, are not required to have a single audit performed for FY ______." D. For each year the project remains open for federal funding expenditures, the Local Government will be responsible for filing a report or statement as described above. The required annual filing shall extend throughout the life of the agreement, unless otherwise amended or the project has been formally closed out and no charges have been incurred within the current fiscal year.
24. Signatory Warranty Each signatory warrants that the signatory has necessary authority to execute this agreement on behalf of the entity represented.
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THIS AGREEMENT IS EXECUTED by the State and the Local Government in duplicate.
THE LOCAL GOVERNMENT
______Signature
______Typed or Printed Name
______Title
______Date
THE STATE OF TEXAS
______Gus E. Cannon, CTCM Director, Right of Way Division Texas Department of Transportation
______Date
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ATTACHMENT A RESOLUTION OR ORDINANCE
Agreement to Contribute ROW Funds Page 1 of 1 Attachment A County ______Burnet______District ______Austin______ROW CSJ #__0252-02-055______CCSJ #______0252-02-054______Federal Project #:______CFDA Title: Highway Planning & Construction CFDA # 20.205 Federal Highway Administration Not Research and Development
ATTACHMENT B LOCATION MAP SHOWING PROJECT
Agreement to Contribute ROW Funds Page 1 of 1 Attachment B County ______Burnet______District ______Austin______ROW CSJ #__0252-02-055______CCSJ #______0252-02-054______Federal Project #:______CFDA Title: Highway Planning & Construction CFDA # 20.205 Federal Highway Administration Not Research and Development
Standard Agreement to Contribute State Performs Work Real Property in Lieu of Monetary Payment Attachment C
Description Total State Participation Local Estimated Participation Cost % Cost % Cost Right of Way $3,092,148.40 90% $2,782,933.56 10% $309,214.84 Acquisition Reimbursable $850,000.00 90% $765,000.00 10% $85,000.00 Utility Adjustments Joint Bid $0 0% $0 0% $0 Reimbursable Utility Adjustments $0 0% $0 0% $0
TOTAL $3,942,148.40 90% $3,547,933.56 10% $394,214.84
Except as otherwise provided in the Agreement, the fixed amount of Local Government participation will be that amount provided above.
Real Property in Lieu of Monetary Payment in the amount of _$394,214.84___, the Local Government will convey title to __2.5___ acres (Parcel Number(s) _2, 8, 9 (9E, 9TE)_) at an appraised value of $_865,232.00__. The local government, upon receipt of this executed agreement, will transfer the recorded deed with insurable title to the State. The instruments should be identified by the project ROW CSJ number with the parcel(s) number and forwarded to the Right of Way Division for filing.
Agreement to Contribute ROW Funds Page 1 of 1 Attachment C RESOLUTION NO. 2018-R-06A
A RESOLUTION OF THE CITY OF MARBLE FALLS AUTHORIZING THE MAYOR TO EXECUTE CONVEYANCES TO THE STATE OF TEXAS FOR PROPERTY AS DESCRIBED IN ATTACHMENT “A” FOR RIGHT OF WAY PURPOSES RELATED TO CONSTRUCTION AND IMPROVEMENTS TO HIGHWAY 281 IN THE CITY LIMITS OF THE CITY OF MARBLE FALLS, TEXAS
WHEREAS, the Texas Department of Transportation and the City of Marble Falls have entered into an Participation Agreement dated December 5, 2017 whereby the City agreed to contribute 10% of the cost of right of way and 10% of the cost of utility relocation for certain improvements to Highway281; and
WHEREAS, the Agreement provides that the City may fund its 10% requirements by conveyance of right of way and easements in lieu of payment; and
WHEREAS, the City and the Texas Department of Transportation have agreed that the value of the Property, described in Attachment “A”, attached hereto, is equal to or exceeds the City’s 10% contribution requirement; and
WHEREAS, the City Council of the City of Marble Falls (“City Council”) has determined that the construction of the said improvements to Highway 281 in the city limits of Marble Falls will benefit the citizens of Marble Falls and that it is in the best interest of the City to make the conveyance;
NOW, THEREFORE, BE IT RESOLVED THAT:
1. The City Council finds that it is in the best interest of the City to convey the Property, more fully described in Attachement “A”, attached hereto, to the State of Texas as right of way for construction of certain improvements to Highway 281 in the City of Marble Falls as described in the Agreement;
2. The City Council authorizes the Mayor to execute deeds, and take such other action as he may deem necessary in his discretion, to convey the said property to the State of Texas for the benefit of the Department of Transportation for use as right of way for Highway 281.
3. The Texas Department of Transportation shall provide a written acknowledgment prior to conveyance of the Property that it accepts the conveyance of such land in satisfaction of the City’s 10% contribution obligations established in the Agreement dated June 5, 2018 between the parties.
RESOLUTION PASSED AND APPROVED on this 5th day of June, 2018.
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______John Packer, Mayor City of Marble Falls ATTEST:
______Christina McDonald, City Secretary City of Marble Falls
[Seal]
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June 5, 2018 7. REGULAR AGENDA
(c) Discussion and Approval of a Professional Services Agreement between the City of Marble Falls and P3 Works LLC for professional consulting services for the development of a Public Improvement District (PID) and associated Funding Agreement as requested and financed by Trivium Development Group, LLC and authorizing the City Manager to execute. Caleb Kraenzel, AICP, Assistant City Manager
7(c)
Council Agenda Item Cover Memo June 5, 2018
Agenda Item No.: 7(c) Presenter: Caleb Kraenzel, Assistant City Manager Department: Administration Legal Review: ☒ Not Applicable ☐
AGENDA CAPTION
Discussion and Approval of a Professional Services Agreement between the City of Marble Falls and P3 Works LLC for professional consulting services for the development of a Public Improvement District (PID) and associated Funding Agreement as requested and financed by Trivium Development Group, LLC and authorizing the City Manager to execute.
BACKGROUND INFORMATION
Trivium Development Group LLC has indicated their intentions to petition the City of Marble Falls for a PID in order to develop the property, at this time referred to as East Roper Ranch development.
Texas law requires the governing body of the municipality prepare the service and assessment plan, assessment roll, and method of allocating assessments for a PID. Traditionally, and in the recent past (Gregg Ranch) these tasks are delegated to the developer and performed by consultants retained by the developer.
Trivium Development researched and evaluated PID consultants in Texas. They have proposed to City staff the concept of the City hiring P3 Works, LLC to work on development of the PID. P3 Works only works for city clients, therefore the only way to engage them is for the City to enter into contract with P3. The developer has agreed to escrow the funds to pay all P3 Works expenses for development of the PID.
The advantage to hiring P3 directly to the City, is facilitation of a more effective and efficient PID creation process. P3 Works has many municipal clients in central Texas, a host of which have amended their PID policies to mandate that the City shall engage the PID consultant (at the developer’s expense). Staff is recommending the City engage the services of the consultant to prepare the documents consistent with the City’s goals and objectives.
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P3 Works, LLC, specializes in the development of PIDS for municipalities across the State of Texas. The developer, Trivium Development Group LLC, will deposit with the City a retainer of $30,000 for the professional services of the consultant incurred for the administration, review, and associated expenses and fees of drafting the documentation necessary for the creation of the PID.
Separately, the developer will still be responsible for payment of the $15,000 fee for PID petition consistent with City PID policy.
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AGREEMENT FOR PUBLIC IMPROVEMENT PID ADMINISTRATION SERVICES
This Agreement for Public Improvement PID Administration Services (“Agreement”) is entered into this ______day of ______, 2018, by and between P3Works, LLC (“P3Works”), and the City of Marble Falls, Texas (“City”).
RECITALS
WHEREAS, the City is considering the creation of a Public Improvement PID (“PID”) on the property known as Roper Ranch; and
WHEREAS, the City may consider issuing bonds to fund certain improvements in the PID as authorized by the Public Improvement PID Assessment Act, Texas Local Government Code, Chapter 372, as amended; and
WHEREAS, the City in the past has relied on financial consultants under contract with the developer to assist the City with due diligence review, feasibility studies of the proposed PID Project, for creation, review and analysis of financial information related to proposed project costs and preparation of various documents required under the PID Act and the City’s PID Policy (the “Services”), and as more fully set forth in this Agreement; and
WHEREAS, P3Works has the expertise to properly establish the PID and ensure compliance with Texas Local Government Code Chapter 372 and the City’s PID Policy; and
NOW THEREFORE, in consideration of the mutual promises and covenants contained in this Agreement, and for good and valuable consideration, P3Works and the City agree as follows:
ARTICLE I TERM OF AGREEMENT
1.0 The Agreement shall be effective as of the date of its approval by all parties and shall continue until the first reimbursement payment is made from the bond proceeds, the City elects to no longer proceed with the creation of the PID, or this Agreement is terminated pursuant to Article IV.
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ARTICLE II SERVICES TO BE PROVIDED BY P3WORKS
2.0 The scope and timing of services to be performed by P3Works are set forth in Exhibit A, which is attached hereto and incorporated into this Agreement by this reference.
2.1 P3Works agrees that its services pursuant to this Agreement shall at all times be subject to the control and supervision of the City and that nothing in this Agreement shall constitute an assignment of any right or obligation of the City under any applicable contract, agreement, or law. P3Works shall not represent to any property owner or any other person that it or any of its employees are acting as the City or employees of the City. P3Works shall at all times be an independent contractor and nothing in this Agreement shall at any time be construed so as to create the relationship of employer and employee, principal and agent, partnership or joint venture as between P3Works and the City. The City shall not in any manner be answerable or accountable for: (i) any violation by P3Works of any federal, state or local laws, regulations, ordinances, rules or orders; or (ii) for any injury, loss or damage arising from or out of any act or omission of P3Works.
2.2 No substantial changes in the scope of services shall be made without the prior written approval of P3Works and the City.
2.3 Except as otherwise described herein, P3Works shall supply all tools and means necessary to perform the services and production of the work product described in Exhibit A.
2.4 P3Works is not responsible for the production or approval of bond documents.
2.5 All work and deliverables described in this Agreement shall be conducted and delivered in accordance with the process, timing and procedures described in the City’s PID policy and utilizing to the extent applicable documents previously created in PIDs approved by the City.
2.6 All work, documents and deliverables shall be created in coordination with one or more of the following parties: city staff, bond counsel, city financial advisor, city attorney, underwriter, underwriter’s counsel, and developer/landowner and its consultants, financial advisors and engineers.
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ARTICLE III PAYMENT TERMS AND CONDITIONS
3.0 In consideration for the services to be performed by P3Works, the City agrees to pay P3Works the fees for all services and related costs and expenses set forth in Exhibit A.
3.1 Monthly invoices shall be submitted to the City for work completed. City agrees to pay the amount due to P3Works within 30 days of receipt of each invoice, so long as City is in receipt of funds provided pursuant to the Funding Agreement described below.
3.2 Copies of all invoices to P3Works for expenses, materials, or services provided to P3Works will accompany the invoice to the City. P3Works will pass any third-party cost through to the City without markup and will not incur any expense in excess of $200 without written consent of the City.
3.3 The only source of payment for P3Works’ fees and services shall be the PID or funds advanced by the developer in accordance with an agreement (the “Funding Agreement”) dated ______between the City and the Landowner, attached hereto as Exhibit B. The City is under no obligation to pay for the Services described in this Agreement from the City’s general fund or from funds from any other source except the Funding Agreement and the PID bonds.
3.4 Based upon P3Works understanding of the project and the Scope of Services described in Exhibit “A”, attached hereto, the estimated cost of services expected to be performed under this Agreement is $30,000. P3Works will receive written approval from the City prior to incurring any fees in excess of $30,000.
ARTICLE IV TERMINATION OF THIS AGREEMENT
4.0 Notwithstanding any other provisions of this Agreement, either party may terminate this Agreement at any time by giving written notice to the other party without penalty and without limitation of its right to seek damages. However, under no circumstances will the City be liable to P3Works for any special, indirect, consequential, exemplary or punitive damages.
4.1 City shall pay P3Works, within 30 days of termination, all of P3Works’ fees and expenses actually accrued or incurred to and including the date of termination, including any amount incurred or accrued in connection with work in progress, but only to the extent such funds have
7 (c) - Page 5 of 14 been paid to City by the Landowner pursuant to the Funding Agreement. Upon termination of this Agreement, P3Works shall immediately cease any work currently underway and shall not incur any additional expenses related thereto.
ARTICLE V GENERAL PROVISIONS
5.0 This Agreement supersedes any and all agreements, either oral or written, between the parties hereto with respect to rendering of services by P3Works for the City and contains all of the covenants and agreements between the parties with respect to the rendering of such services in any manner whatsoever. Each party to this Agreement acknowledges that no representations, inducements, promises, or agreements, orally or otherwise, have been made by any party which are not embodied herein and that no other agreement, statement, or promise not contained in this Agreement shall be valid or binding.
5.1 This Agreement shall be administered and interpreted under the laws of the State of Texas. This Agreement shall not be construed for or against any party by reason of who drafted the provisions set forth herein. If any part of this Agreement is found to be in conflict with applicable laws, such part shall be inoperative, null and void insofar as it is in conflict with said laws, but the remainder of this Agreement shall remain in full force and effect. This Agreement shall be performable in Burnet County, Texas and any litigation regarding this Agreement that may be brought by any Party shall be brought in Burnet County, Texas or within the federal courts in Travis County, Texas.
5.2 Neither this Agreement nor any duties or obligations under this Agreement may be assigned by P3Works without the prior written consent of the City.
5.3 The waiver by either party of a breach or violation of any provision of this Agreement will not operate as or be construed to be a waiver of any subsequent breach thereof.
5.4 All records, reports, and other documents prepared by P3Works for the purposes of providing the services described in this Agreement shall be property of the City. All such documents shall be made available to the City during the course of performance of this Agreement. Any reports, studies, photographs, negatives, or other documents or drawings prepared by P3Works in the performance of its obligations under this Agreement shall be the exclusive property of the City and all such materials shall be remitted to the City by P3Works upon completion, termination, or cancellation of this Agreement.
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5.5 The City acknowledges P3Works’ ownership of its software, programs, inventions, know- how, trade secrets, confidential knowledge, source code, or other proprietary information relating to products, processes, services, software, formulas, developmental or experimental work, business plans, financial information, or other subject matter (“Confidential Information”) pertaining to the business of P3Works. This Agreement shall not in any way give rise to any requirement or obligation for P3Works to disclose or release any Confidential Information, except as may be required by the Texas Public Information Act.
5.6 The headings and article titles of this Agreement are not a part of this Agreement and shall have no effect upon the construction or interpretation of any part hereof.
5.7 Should either party commence any legal action or proceeding against the other based upon this Agreement, the prevailing party shall be entitled to an award of reasonable attorney’s fees and costs.
5.8 All notices, requests, demands, and other communications which are required to be given under this agreement shall be in writing and shall be deemed to have been duly given upon the delivery by registered or certified mail, return receipt requested, postage prepaid thereon, as follows:
To P3Works: Mary V. Petty Managing Partner P3Works, LLC 350 Rufe Snow Drive Suite 200 Keller, Texas 76248
To City: Mike Hodge City Manager City of Marble Falls 800 Third Street Marble Falls, Texas 78654
5.9 The parties hereby warrant that the persons executing this Agreement are authorized to execute this Agreement and are authorized to obligate the respective parties to perform this Agreement. A facsimile signature on this Agreement shall be treated for all purposes as an original signature.
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Executed on this ______day of ______, 2018:
P3Works, LLC
BY: ______Jon Snyder Managing Partner
City of Marble Falls
BY: ______Mike Hodge City Manager
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EXHIBIT A SERVICES TO BE PROVIDED
PID FORMATION, SERVICE AND ASSESSMENT PLAN PREPARATION, AND BOND ISSUANCE SUPPORT SERVICES
Billed at P3Works’ prevailing hourly rates, which are currently as follows:
Title Hourly Rate Managing Partner $250 Vice President $185 Senior Associate $160 Associate $135 Administrative $75 *P3Works’ hourly rates may be adjusted from time to time to reflect increased costs of labor and/or adding/reclassifying titles. Travel times will be billed at hourly rates.
PID Due Diligence and Preparation of PID Plan of Finance (2 – 4 weeks after developer supplies necessary project information to City team) 1. P3Works will prepare the Preliminary PID Finance Plan including a. Targeted gross bond amount b. Estimated ad valorem revenue generated c. Estimated number of bond issuances d. Proposed maturity dates for PID Bonds e. Any other such information related to the success of the PID. 2. P3Works will prepare a Project Feasibility Study which demonstrates the economic feasibility of the project and includes the following information: a. An Assessment Revenue Pro Forma for the proposed project; b. A financial review of the development projections and absorption schedule; c. Analysis of above describing the timing and amount of Public Improvement District Assessment Revenues which will be generated based upon varying levels of assessments; and d. Comparison of the Project with other similar projects in the area that will not have an assessment
Preparation of Service and Assessment Plan 1. P3Works will coordinate with city staff, the city attorney, city’s financial advisor and bond counsel to prepare a complete and final Service and Assessment Plan to be adopted by City Council and included in the Official Statement for the Bonds based on the Plan of
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Finance. The plan must cover a period of at least five years and must define the annual indebtedness and projected costs of the PID improvements and the proposed assessments on the various classes of covered property under the plan. The Service and Assessment Plan shall include but is not limited to: a. A description of the proposed method of assessment including the classes of covered property; b. An apportionment of the costs between the PID and the City, if any; c. A description of the management of the PID; and d. If applicable, all City owned land within the district.
2. P3Works will present the Service and Assessment Plan to City Council and request approval of Assessment Roll.
Bond Issuance Support 1. P3Works will provide ad-hoc analysis or other support services as requested by the bond counsel, underwriter or underwriters counsel, City’s financial advisor, or city staff in preparation of the preliminary official statement and issuance of the bonds.
Participation in Presentations to City Council or other Public Forums 1. P3Works will prepare and present information as requested to the City Council or any other public forum.
Compliance with City Policy and PID Act requirements.
P3Works shall prepare, review and analyze all documents and other information in accordance with the requirements of the PID Act and the City’s PID Policy. Documents and plans prepared or reviewed by P3Works shall identify areas within such documents or plans which meet, or do not meet, or are otherwise deficient in meeting the PID Act requirements or the City’s PID Policy.
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EXHIBIT B
FUNDING AGREEMENT FOR CREATION OF THE ROPER PUBLIC IMPROVEMENT DISTRICT
This Professional Services Agreement (this "Agreement"), effective as of the 5th day of June, 2018, (the "Effective Date"), is made and entered into by and between The City of Marble Falls, a Texas home rule municipality operating under Sec. 5.004 of the Texas Local Government Code (“City”) and Trivium Development Group LLC ("Owner"), herein collectively referred to as ("Party" or "Parties").
WHEREAS, the Owner expects to submit a petition for the creation of a Public Improvement District (“PID”) for development of certain property known as the Roper Ranch (the “Property”) in accordance with Chapter 372, Texas Local Government Code, as amended, entitled the Public Improvement District Assessment Act ("PID Act");
WHEREAS, the City in the past has relied on financial consultants under contract with the developer to assist the City with due diligence review of the proposed PID Project, for creation, review and analysis of financial information related to proposed project costs and preparation of various documents required under the PID Act and the City’s PID Policy;
WHEREAS, the Parties hereto recognize that the City will incur expenses through the entire PID review and approval process until final completion of the development including but not limited to: professional services, legal publications, notices, reproduction of materials, public hearing expenses, recording of documents, engineering fees, attorney fees, special consultant fees, and fees for administrative time of City staff (the “Expenses”); and
NOW, THEREFORE, in consideration of the mutual benefits and promises contained herein and for other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the parties agree as follows:
1. Payment for PID Expenses. The Owner shall pay to the City within ten (10) days of receipt of invoice, the initial sum of $30,000 for the Expenses anticipated to be incurred by the City in conjunction with review, analysis, feasibility study and creation of the PID in accordance with the PID Act and the City’s PID Policy:
(a) City agrees to hold all Owner's contributions in a separate fund maintained by the City which may only be used for the Expenses (including staff time) related to the PID.
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(b) The City will keep an accounting of all charges for expenses incurred for the PID and any unused contributions shall be returned to the Owner. (c) Owner agrees that in the event the funds for expenses balance falls below $5,000, then Owner shall remit an additional amount of not less than $20,000 within ten (10) days of the date of the request. (d) In the event the balance for expenses is exhausted, upon notice, Owner shall pay the balance owed in full within ten (10) days in addition to the remittance of the additional funds as provided above. (e) Failure of Owner to meet its obligations above may result in the suspension or revocation of any active development permits or delays in processing any PID approval. (f) Any Expenses incurred by the City and not reimbursed under this Agreement shall be reimbursed from PID bond proceeds.
2. Termination. This Agreement shall terminate upon the completion of the creation of the PID (which shall be determined as the date that is no later than the date of the first reimbursement payment made with bond proceeds), upon denial of the PID by the City, upon withdrawal of the PID request by the Owner, or as otherwise determined by the City. However, the obligation to reimburse the City for Expenses incurred by the City shall survive termination of this Agreement.
3. Entire Agreement. This Agreement contains the entire agreement between the Parties with respect to the transactions contemplated herein.
4. Amendment. This Agreement may only be amended, altered or revoked by written instrument approved by the Marble Falls City Council.
5. Successors and Assigns. Neither City nor Owner may assign or transfer their interest in the Agreement without prior written consent of the other Party.
6. Notice. Any notice and/or statement required and permitted to be delivered shall be deemed delivered by depositing same in the United States Mail, Certified, with Return Receipt Requested, postage prepaid, addressed to the appropriate party at the following addresses, or at such other addresses provided by the parties in writing:
City of Marble Falls Mike Hodge, City Manager 800 Third Street Marble Falls, Texas 78654
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Owner:
Name (printed): ______
Address: ______
Email Address: ______
Phone Number: ______
7. Interpretation. Regardless of the actual drafter of this Agreement, this Agreement shall, in the event of any dispute over its meaning or application, be interpreted fairly and reasonably and neither more strongly for or against either party.
8. Applicable Law. This Agreement is made and shall be construed in accordance with the laws of the State of Texas and venue shall lie in Burnet County, Texas.
9. Severability. In the event any portion or provision of this Agreement is illegal, invalid, or unenforceable under present or future law, then and in that event, it is the intention of the parties hereto that the remainder of this Agreement shall not be affected thereby, and it is also the intention of the parties to this Agreement that in lieu of each clause or provision that is found to be illegal, invalid or unenforceable, a provision be added to this Agreement which is legal, valid and enforceable and is as similar in terms as possible to the provision found to be illegal, invalid or unenforceable.
10. Counterparts. This Agreement may be executed in multiple counterparts, each of which shall be considered an original, but all of which shall constitute one instrument.
CITY OF MARBLE FALLS
By______Mike Hodge, City Manager
Date: _____/______/_____
Attest:
Christina McDonald, City Secretary
Date: _____/_____/_____
7 (c) - Page 13 of 14
APPROVED AS TO FORM OWNER
Patty L. Akers, City Attorney ______, Owner
Date: _____/_____/_____ Date: _____/_____/_____
7 (c) - Page 14 of 14
City of Marble Falls, Texas Council Agenda Item Cover Memo June 5, 2018
Agenda Item: Executive Session Prepared By: Christina McDonald, City Secretary Department: Administration Submitted By: Christina McDonald, City Secretary
AGENDA CAPTION EXECUTIVE SESSION CLOSE OPEN SESSION AND CONVENE EXECUTIVE SESSION pursuant to §551.071 (Private Consultation between the Council and its Attorney) of the Open Meetings Act. Tex. Gov’t. Code, Council will meet in Executive Session to discuss the following:
• Consultation with City Attorney regarding City’s litigation with TCEQ over issuance of an Air Quality Permit to Asphalt, Inc., LLC.
CERTIFICATION:
I hereby certify that I have reviewed the proposed topic for the Executive Session described herein and, in my opinion, the Texas Open Meetings Act authorizes the Marble Falls City Council to meet in Executive Session and to deliberate regarding the subject matter contained in this cover memo.
Signed this day of , 2018.
City Attorney