HomeMy WebLinkAboutAgenda CC 11.10.2015 Workshop
Notice of Meeting of the
Governing Body of the
City of Georgetown, Texas
November 10, 2015
The Georgetown City Council will meet on November 10, 2015 at 3:00 PM at Council Chambers,
101 E. 7th St., Georgetown, Texas
The City of Georgetown is committed to compliance with the Americans with Disabilities Act
(ADA). If you require assistance in participating at a public meeting due to a disability, as defined
under the ADA, reasonable assistance, adaptations, or accommodations will be provided upon
request. Please contact the City Secretary's Office, least four (4) days prior to the scheduled meeting
date, at (512) 930-3652 or City Hall at 113 East 8th Street for additional information; TTY users
route through Relay Texas at 711.
Policy Development/Review Workshop -
A Presentation of a Funding Request to Address Workforce Housing Deficit --Walt Doering,
Housing Advisory Board Chair
B Boards and Commissions and the Role of Council -- Mayor Dale Ross
C Forwarded from the Georgetown Transportation Advisory Board (GTAB):
Presentation and discussion on the DRAFT Ordinance “Illicit Discharge of pollutants into the
MS4 or Conveyances" -- Nat Waggoner, PMP®, Transportation Analyst and Skye Masson,
Assistant City Attorney
Executive Session
In compliance with the Open Meetings Act, Chapter 551, Government Code, Vernon's Texas Codes,
Annotated, the items listed below will be discussed in closed session and are subject to action in the
regular session.
D Sec. 551.071: Consultation with Attorney
- Advice from attorney about pending or contemplated litigation and other matters on which
the attorney has a duty to advise the City Council, including agenda items
- Litigation Update - Stephanie Hoskins Brown v. The City of Georgetown
- Public Safety Operations and Training Facility - Project Report
Sec. 551.074: Personnel Matters
- City Manager, City Attorney, City Secretary and Municipal Judge: Consideration of the
appointment, employment, evaluation, reassignment, duties, discipline, or dismissal
Sec. 551.087: Deliberation Regarding Economic Development Negotiations
- Project Voyager
Adjournment
Certificate of Posting
I, Shelley Nowling, City Secretary for the City of Georgetown, Texas, do hereby certify
that this Notice of Meeting was posted at City Hall, 113 E. 8th Street, a place readily
accessible to the general public at all times, on the _____ day of _________________,
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2015, at __________, and remained so posted for at least 72 continuous hours preceding
the scheduled time of said meeting.
__________________________________
Shelley Nowling, City Secretary
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City of Georgetown, Texas
City Council Agenda
November 10, 2015
SUBJECT:
Presentation of a Funding Request to Address Workforce Housing Deficit --Walt Doering, Housing Advisory
Board Chair
ITEM SUMMARY:
Background:
Affordable housing impacts everyone, especially our workforce. And it affects them adversely. The dream of
homeownership is no longer a reality for our working families with low-to-moderate incomes. Homes for
sale under $200,000, and especially those under $150,000, hardly exist. Relief is not in sight, as this critical
shortage continues to grow larger with 11.4 persons arriving every day. Add to that rental housing
unaffordability with rents high and wages plateaued. It is no wonder renters are struggling, too.
The opportunity for our workers, millennials and seniors with diminished incomes, to live, work, play and
retire here, is rapidly closing. For many, the door has already been shut. Failure to address this problem,
substantively, will have adverse consequences for our community, our quality of life and economic
prosperity. Denying this problem exists, refusing to face it, or seeking to deal with it on the cheap, will not
solve it. It never has. It never will.
What can we do to face this issue and fix it? We can be more proactive, innovative and creative. We can
think big, not small. We can use a comprehensive method, not a patchwork approach. We can provide
substantive resources, including key fiscal components, to solve it. That's the approach your Housing
Advisory Board recommends. It includes building on the 2030 Comprehensive Plan: Housing Element. It
involves crafting a long-term strategic plan which, when fully implemented, will close the gap between
demand and supply significantly. It engages stakeholders in our community to own the problem and
contribute to resolving it, mutually. For what we create, we support. It's a win-win proposal for all.
Housing Advisory Board Request:
The board is requesting funds to employ consultants to conduct public surveying and education on the need
for affordable housing. If approved, the creation of five teams (subcommittees) of the Housing Advisory
Board are requested to research specific focus areas. Existing staff from the Planning, Police, Public
Communications and Downtown & Community Services Administration will work with these teams as
needed. Once the information gathering stage is complete, the board will bring the results back to City
Council for direction on creating a strategic plan.
FINANCIAL IMPACT:
The request is for $195,000 to cover consultant fees. An additional part-time administrative position will also
need to be added to manage Open Meetings Act compliance and administrative duties for the five proposed
teams. Also, existing staff included for participation with the teams may be required to postpone or reassign
other projects and duties for the length of the project (10-14 months).
SUBMITTED BY:
Walt Doering, Housing Advisory Board Chair/jcb
ATTACHMENTS:
Housing Advisory Board Funding Request Presentation
Team Member Recommendations
Summary Statements of Recommended Team Members
Attachment #1--Fact Sheet--Pertinent Data Relative to Housing--Georgetown Texas
Attachment #2--Home Sales 2005-2014
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Attachment #3--2015 Income and Housing Cost Limits
Attachment #4--Focus and Tasks of Five Teams
Attachment #5--Fiscal Components-Three Strategies
Attachment #6--The Local Economic Impact of Typical Housing Tax Credit Developments
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Housing Advisory Board
Funding Request to Address
Workforce Housing Deficit
Needs, Solution, Scope,
Benefits, and Funds
Page 5 of 77
Board's Purpose
1. Ensure City has affordable housing for
residents at all economic levels.
2. Responsible for providing long-term housing
research.
3. Responsible for policy recommendations.
2
Page 6 of 77
Today's Purpose
• Obtain funding for consultants to provide
affordable housing for workers, millennials and
seniors changing lifestyles with household
incomes from $30,000 to $60,000.
– Why consultants?
– Why workers?
– Why millennials?
– Why seniors?
3
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Georgetown's Growing
Population
In 2014, ranked 2nd Fastest Growing City
over 50,000.
– 2012 Actual – 52,547 (U.S. Census )
– 2017 Projected – 67,435
4
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Need for Workforce Housing
(2012 – 2017 Projection)
– Owner-occupied homes – 810
– Rental units – 1,069
5
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Need Keeps Growing
• Impact of building more high-priced homes.
• Effect of attracting more businesses.
• Growth of aging senior population.
6
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Solution
• Craft a substantive strategic plan to build
accessible housing that, when fully
implemented, reduces significantly our
housing affordability deficit.
7
Page 11 of 77
Scope of Work
• Phase I: Gather Data and Educate Public (8-10
months)
• Craft communications plan. Use expertise of consultants
in collaboration with staff, HAB, and team leaders.
• Involve stakeholders in community-wide conversation on
affordable housing. Inform public about need, what it
looks like and benefits to community.
• Round 1. Public forums and small group meetings.
Solicit needs and solutions from stakeholders.
• Round 2. Small group meetings. Gather specific data
from workers, millennials, and seniors changing lifestyles
plus developers/builders, too.
8
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Scope of Work
• While continuously communicating with public and
harvesting data, five teams will focus on their tasks,
building on past practices and generating new solutions.
• Analyze data and findings. Present to five teams for
suggesting major recommendations, including key fiscal
components, for integrating into the strategic plan
crafted by HAB. Upon their acceptance, present to
Council for approval. If approved, move to Phase II (4-7
months) for crafting the comprehensive strategic plan.
9
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Benefits to Georgetown
• Maintain our quality workforce.
• Recruit more skilled workers. Address turnover
costs.
• Expand consumer base. Recycle monies from
workers and seniors into Georgetown's economy.
• Retain sales and property tax base, plus school
district dollars, for Georgetown.
• Sustain City's economic prosperity and quality of life.
• Enrich Georgetown's culture of diversity.
• Ensure our future and success.
10
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Benefits to Workers and Seniors
• Provide them the option to live and retire here.
• Enable workers to engage in asset building and/or get
on the path of building wealth through
homeownership.
• Make it convenient to shop in Georgetown rather than
elsewhere.
• Reduce transportation costs of cost-burdened
households.
• Ensure all persons have safe and accessible housing.
• Enhance the trajectory of families' lives by living in
attractive and diverse communities.
11
Page 15 of 77
What Funds are Needed to Fix the
Problem?
• Funding Request
• $ 195,000
– Be effective
– Do the right thing
– Do what's best for Georgetown
– Do what's best for our
workforce, millennials and
seniors with diminished
incomes.
– Have no regrets
12
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What Does It Take to Solve This
Problem?
• Bottom-line: Money + Will + Courageous
Leaders & Bold Decision Makers =
SUCCESS
13
Page 17 of 77
Team Member Recommendations
Below are the persons our Housing Advisory Board recommends for team membership.
Their task is to develop major recommendations, including key fiscal components, for
crafting a substantive strategic plan. Such plan, when fully implemented, will help us
reduce our housing affordable deficit significantly.
Our membership is diverse. It includes specialists and non-specialists. It includes highly
credentialed individuals. It also includes street smart persons who know what our
workforce and seniors, with diminished incomes, are experiencing in obtaining safe,
durable and affordable housing. Or, they have faced that problem themselves.
They are ordinary and yet extraordinary people. They're bright. They're imaginative and
innovative individuals. They care about meeting the needs of our target population. They
have a proper love for themselves. They come from a place of worthiness. So they have
the courage and compassion to face this problem head on, to do what's best for George-
town, and resolve it.
Design/Construction Finance
Richard Glasco, Team Leader Jim Mann, Team Leader
Bob Horick Cameron Dorsey
Davin Hoyt Edward Hanna
Lauren Lansford Raymond Husser
Isaac Lopez Kirby Maggard
Tom Nichols Joel Russeau
Bill Stump
Sustainability Communication
Ron Trimmer, Team Leader Reginald Bessmer, Team Leader
Brenda Baxter Stephanie Blanck
Nathaniel Bonner Mary Calixtro
Katie Burke Georgianne Hewitt
Nick Ramos Monica Martin
Karen Sheldon Jen Mauldin
Tom Swift
Rita Turner
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Research
Barbara Brightwell, Team Leader
Dan Hillaird
Joe Ruiz
Carl Westerfield
Rick Williamson
Coordinator, Strategic Plan Development
Walt Doering
City Employees *
Jennifer Bills (Design & Construction, Research)
Keith Hutchinson (Communication)
Jordan Maddox (Finance)
Capt. Evelyn McLean (Sustainability)
Chief of Police, Wayne Nero (Sustainability)
Sofia Nixon (Sustainability)
Pro Bono Consultants
“As Needed”
Walt Henderson (Process/Planning)
Jean Latsha (Finance)
Paul Newton (Process/Planning)
Jim Wayland, (Process)
Clay Woodard (Design & Construction, Finance)
Phase II: Crafting the Strategic Plan
Pro Bono Consultants
Bob Novello, Facilitator
Tom Swift, Writer
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Recommendations for Team Membership
and
Summary Statements
Crafting the Strategic Plan
Below are the summary statements of recommended team members for crafting
a strategic plan, as requested.
Design and Construction
+ Richard Glasco, Team Leader, HAB Representative
+ Bob Horick – Chair, Georgetown Housing Authority Board. Board member of
Literacy Council of Williamson County, Georgetown Area United Way, Senior
University, Georgetown Symphony Society, and Georgetown Festival of the Arts.
At Southwestern University, responsible for Academic Computing and Computer
Networks Operations. Taught Russian and Computer Science. Pursues feedback from
others to achieve consensus with diverse people. Skilled in helping groups stay focused.
As for the subject of affordable housing, I believe, along with Frank Lloyd Wright,
that all families, no matter the wealth they possess, can and should be housed in
structures that are safe, healthy and designed to promote a sense of well-being and
to allow children to grow up enjoying the full benefits of their citizenship in the USA.
+ Davin Hoyt – B.S. in Architecture from Texas Tech University. Lives and works within
our local community and ecology. Apprentice of architecture first, and a design
consultant second. Has a passion for incorporating phi ratios into our built environ-
ment to promote constructive analysis within a community, economy no matter. Offers
the Design and Construction Team a sound position in measurements of ideal design for
going forward.
+ Lauren Lansford - Knows the difficulty of finding affordable housing. As a student at
Southwestern University, struggled to find it. As a high school teacher who wanted to
stay and live in Georgetown, couldn't. Knows, too, from working at a Title I school
the difficulties low-income families face re: housing affordability. From professional
career and volunteer experiences with diverse audiences, brings skills of teamwork and
problem solving. From graduate work, prepared to perform research and analyze a
variety of data. As a millennial, wants to shape a bright future for Georgetown.
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+ Isaac Lopez – 30+ years as manager in Postal Service. Experience gave me great
insight into how people live and how their lives can suffer by not having affordable
housing. Gained further insight into how lack of affordable housing impacts families,
including children, as board member on two separate school districts. Also, my 10
years as a volunteer for The Caring Place added to my understanding of the difficulty
many citizens face in finding suitable housing for their families.
+ Tom Nichols – Creative and innovative architect with 40+ years experience. Designed
and had built affordable housing in Georgetown. Also, designed many affordable
housing multi-family projects for both the private and public sector. Former member
of the Georgetown commission for studying affordable housing. Served on Maryland
panel to show private sector developers how to partner with public sector and still be
profitable with the product. Passionate about contributing to developing sustainable,
affordable housing, both from a business and philosophical standpoint.
+ Bill Stump - Manages and constructs properties, mostly single family, for family rental
property business. Constructs highly efficient homes to operate in an environmentally
responsible manner. For past 40 years, involved in engineering, construction, software,
and aerospace work. Holds Texas professional engineer license. Chair, Georgetown
Utility Advisory Board. Member, South Georgetown TIRZ Board.
Finance Team
+ Jim Mann, Team Leader, HAB Representative
+ Cameron Dorsey – B.A. in Economics and Finance, Southwestern University. M.A.
in Latin American Studies, University of Arizona, Tucson. Worked with Lutheran
Social Services resettling refugees. 10 years with Texas Department of Housing and
Community Affairs (TDHCA). Manager, The HOME Investment Partnership
Program. Deputy Executive Director of Multifamily Finance & Fair Housing. Chief
of Staff. Oversaw CSBG, ESG, Housing Trust Fund, LIHTC, Exempt Bonds,
Compliance, Section 8 plus Housing and Community Services Programs. Expert in
local, state, and federal affordable housing programs. Heavily involved in develop-
ment of Texas housing policy and legislation. Currently works in Georgetown with
family's construction and real estate business.
+ Edward Hanna – Vice President, Central Texas Business Banking, BBVA Compass.
Born into extremely low-income working family. Understands the value of a dollar.
Knows the vital role affordable housing plays in the lives of such households. Highly
motivated to ensure working families have the same opportunity to work and live in
the same city as we. Volunteer at the Boys and Girls Club of Georgetown. Served on
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Page 3
advisory board. Manages diverse portfolio including community loans. Skilled in
putting deals together to better serve low- and moderate-income households and
strengthen community development.
+ Raymond Husser – Former retail store owner. Serves as ambassador to the Chamber
of Commerce, promoting local businesses. Realtor. Sells homes in Georgetown within
$25,000 to $600,000 range. Manages rental properties. Knows how difficult it is to
find homes for sale or rental properties for people at or below median income. Wants
Georgetown to fulfill its promise of live, work and play here for workers. Wants to
help workforce avoid wasting time commuting from surrounding areas and be more
engaged with their work. Wants to maintain small town feel as we continue to grow.
B. S. in chemical and environmental engineering, Louisiana State University. Graduate
work in electrochemical engineering.
+ Kirby Maggard – Served as public housing manager, Section 8, Housing Choice
Voucher Program, for Georgetown Housing Authority (GHA). Managed Family Self
Sufficiency program for agency, too. Worked directly with 200 + households, and a
waiting list of 700+ families. Brings keen insight into the specific needs and demands
for housing in our community. Understands the challenges and road blocks individuals
and families face relative to home ownership. Business owner. Involved in several civic
and charitable organizations. Committed to finding housing solutions as demand
continues to out pace supply.
+ Joel Russeau – Compliance engineer. Extensive experience in real estate research
and investing, program management, consulting, property management and financial
analysis. Skilled in preparing, analyzing and presenting impact studies for
evaluating options. Understands the needs, constraints and barriers faced by
individuals and families seeking affordable housing. Systemic, analytical and insightful
thinker. Proactive leader. Quality problem-solver. Committed to developing key
recommendations, including fiscal components, that build on the 2030 Comprehensive
Plan: Housing Element and close the gap between demand and supply significantly.
Sustainability Team
+ Ron Trimmer, Team Leader. Creative leader and minister. Initiated start-up of
Hope United Church in Georgetown. Excellent problem-solver. Gifted in addressing
problems from different angles. Seeker of common ground. Compassionate. Proven
track record in networking, vision casting and crafting innovative organizations.
Good steward of resources entrusted to him. Masters in Mathematics, Iowa State.
Masters in Divinity, Eden Theological Seminary.
+ Brenda Baxter, HAB Representativ
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+ Nathaniel Bonner – Served 8 years active duty in the US Navy. Been employed for 19
years with the Williamson County Juvenile Services. Knows how to adapt, improvise
and overcome when faced with new and difficult life situations. Skilled in dealing with
young people, often in tough situations, who do not feel they are good enough. Able to
connect effectively with people from all walks of life, including millennials and seniors.
Aware how art can play an important role in helping young persons reclaim their
lives.
+ Katie Burke – Twenty-five years service in non profit and community based
organizations. Locally, served as Chair, The Georgetown Project. Board member, too.
Experience broadened my insight into the needs of the Georgetown community,
resources available for those needs, and the collaborative process for getting things
done. Made me aware, too, of our responsibility to include all citizens in the benefits
and opportunities Georgetown's growth offers. Skilled in long-range planning and
and collaborative partnering. Grounded in belief the Sustainability Team will help
ensure a healthy, diverse and vibrant community, necessary for Georgetown's
continued development.
+ Nick Ramos – Manages and operates “Graphismo.” Provides graphic and web design
plus marketing for clients locally and abroad. Graphismo is an award-winning
design studio, recognized nationally. Nick values the arts and its role in building
sustainable communities. Knows how the arts can promote community and sense of
belonging. Believes in giving back to community. Generous with time and
resources. Serves as board member Georgetown Art Center. Curator for Center
overseeing its exhibits. Taught art to low-income children at Boys and Girls Club.
Generous with his time and resources. Creative and imaginative artist.
+ Karen Sheldon – President, Georgetown Chamber of Commerce. Responsible for the
management and leadership of the organization. Serves over 1,000 members and
represents over 25,000 employees, with focus on promoting responsible economic
development and member businesses. Workforce housing is an important issue to the
Chamber, the business community as a whole, and to me personally. I have been a
resident of Georgetown since 1992 and at the Chamber since 2002. I have seen the
incredible growth in our city. The majority of businesses in the Chamber are small
businesses with limited resources. It is time for us to come together as a community to
address the housing needs and issues of our workforce. I am excited to be part of this
important and necessary discussion. Our future depends on it.
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Communication
+ Reginald Bessmer, Team Leader – B.A. political science. Completed course work for
masters in public administration. 4 years in USAF, 1 year in Vietnam, rising to rank
of Captain. 35 years with Federal Highway Administration (FHWA) as a Realty
Specialist, Appraisal Specialist, and Chief Appraiser for the agency. Consulted with
state highway departments in acquiring real property and relocating families,
individuals and businesses. Ensured acquisitions and re-locations were in compliance
with Federal law. As Chief Appraiser, led agency's appraisal program. Provided
training. Addressed nationwide conferences. Led 17 federal agency task force to
update and republish rules on appraisal and acquisition of real property. Resolved
differences among agencies.
+ Stephanie Blanck – Experienced manager, counselor, facilitator and presenter. Has
served on several city boards including The Convention and Visitors Bureau, Library,
and ADA Advisory Board. Past President of Georgetown Area Junior Forum. Past
President of The Council for Administrators in Special Education. Worked as
Licensed Specialist in School Psychology, Campus Principal and Director of Special
Education for 30 years. Through the Chamber, started Junior Leadership Program for
high school students, and am celebrating 10th year as facilitator. Lived in Georgetown
since 1980 and am personal witness to city's growth and changes.
+ Mary Calixtro – Recently retired. Former Hispanic Ministry Coordinator, St. Helen's
Catholic Church. Supported and directed Hispanic leaders in fulfilling their ministries.
Worked extensively with people in crisis. Listened to their problems. Directed them
to appropriate resources to pay bills, obtain medical care or deal with domestic abuse
effectively. Good at asking questions that help individuals discover solutions to their
problems and become self-sustainable. Taught ESL classes. Helped craft recommen-
dation letters for young people applying for college. Acutely aware of the needs of
households with low-incomes who struggle daily.
+ Georgianne Hewett - Vice President for Development, Wesleyan Homes. Understands
needs of senior adults for supportive care and services. Excellent communicator and
facilitator. Effective change agent. Highly skilled in building broad-based support
with people to achieve organizational goals by aligning programs and communications
strategically with mission. M.S. in learning and organizational change, Northwestern
University. B. A. from Southwestern University.
+ Monica Martin – HAB Representative
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+ Jen Mauldin – Certified life coach. 30+ years in helping women, in particular,
transition through loss in their lives. Excellent listening skills. Gifted in asking
empowering questions. Knows how to help groups prioritize needs and communicate
clearly to persons she serves. Highly skilled in facilitating groups to arrive at a
meaningful consensus. Can prepare and coach others for presenting information to
community groups and stakeholders. Manages conflict effectively to bring
successful resolution to problems.
+ Tom Swift – Professional actor for 35 years. English teacher. Effective presenter. As a
speaker in public settings, has represented CROP Walk, Georgetown Creative
Playscape, and Georgetown's Palace Theatre. Able to coach colleagues in delivering
clear and compelling message about affordable housing and its importance for
Georgetown's future. Asks questions which enable groups to discover root cause of
problem and arrive at a quality solution. Skillful in the art of writing. Will serve as
writer for our strategic plan document.
+ Rita Turner - Community Engagement Manager, The Caring Place. Seventeen years
public speaking experience. Excellent presenter. Able to engage with community to
get buy-in on our housing initiative. Spent last 20 years helping people in crisis and
addressing their needs. Licensed real estate agent. Knows our housing market.
Understands difficulties target population faces in accessing affordable dwellings,
rental or owner-occupied. Forty- four year resident with many connections to persons
in our city.
Research
+ Barbara Brightwell, Team Leader – Over 50 years' experience in teaching and adminis-
tration at all educational levels. Manager of small businesses. Consultant to govern-
ment agencies, corporations, churches, and healthcare institutions. Initiated and
provided proactive leadership in creation of The Georgetown Project, Lifesteps,
Georgetown Community Resource Center, Williamson County Institute for Excellence
in Nonprofits, and Seeds of Strength. Founding member Wellspring United Methodist
Church. Holds Bachelor of Business Administration, Master in Education/Counseling,
and Doctor of Ministry degrees. Her unwavering commitment to Georgetown is
exceeded by few others.
+ Dan Hilliard - Sociology teacher for 30+ years at Southwestern University. Highly
skilled professional in designing survey research instruments and interpreting results.
With students, conducted research studies in collaboration with the City of
Georgetown, the Georgetown Hospital Foundation, the Williamson County & Cities
Health District, and the Georgetown Independent School District. Astute observer
of the demographic changes in housing stock that have accompanied the city's growth.
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+ Joe Ruiz – HAB Representative
+ Carl Westerfield – Ph.D. in Health/Education with emphasis in Research/Statistics and
Sociology. 30+ years in teaching, research and administration in higher education.
Extensive experience in working with community groups in planning, developing and
executing research projects plus action strategies that bring results. Good listener.
Relates effectively with people from all walks of life. Quality problem-solver.
+ Rick Williamson – Managing Director & Board Chair, Georgetown GreenWorks, Inc.
a Texas nonprofit dedicated to public education on best eco-sustainable technology
practices for public and private clients. Worked for several corporations. Served
as consultant to key staff members on team management and leadership skills. Skilled
analyst. Experienced in conducting numerous research projects involving gathering
data and interpreting it.
Coordinator, Strategic Plan Development
Walt Doering
Chair, Housing Advisory Board
Page 26 of 77
Fact Sheet: Pertinent Data Relative to Housing
Georgetown, Texas
– In 2014, 527 homes were sold under $200,000. That's down from 669 in 2012 (MLS,
2014).
– In 2014, 149 homes were sold under $150,000. That's a decline from 287 in 2012. It is
the lowest supply recorded since 2005. (MLS, 2014).
– On May 8, 2015, 23 homes for sale were under $200,000 with one home for sale under
$150,000 or less. Supply is not keeping up with demand at those levels (MLS, 2014).
– By 2017, we need 1,069 workforce rental units (2030 Comprehensive Plan: Housing
Element).
– In 2012, out of 5,984 rental households, below is the range and estimated number of
households that were cost burdened:
Range of Being Cost Burdened Estimated Number
35 to 40% 600
40 to 50% 332
50% or more 1,140
(2012 American Community Survey, 3 Year Summary).
– 2,864 or 49.56% of households paid more than 30% of their household income for rent.
(2012 American Community Survey, 3 Year Summary).
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1202
1342
1245
1087
965 997
1125
1437
1722
1862
581
647
530 495
422
491 550
669 684
527
268 301
210 181 165
231 240 287 242
149
0
200
400
600
800
1000
1200
1400
1600
1800
2000
2005 2006 2007 2008 2009 2010 2011 2012 2013 2014
Homes Sold 2005‐2014
in 2014 Dollars
Total Homes Sold
Under $200k
Under $150k
Page 28 of 77
Income and Rental/Mortgage Limits
123456
100% ($)$53,813 $61,500 $69,188 $76,800 $83,000 $89,125
Maximum Housing
Costs (rent/mortage
& utilites)
$1,345 $1,538 $1,730 $1,920 $2,075 $2,228
Low (80%) Income
Limits ($)$43,050 $49,200 $55,350 $61,450 $66,400 $71,300
Maximum Housing
Costs (rent/mortage
& utilites)
$1,076 $1,230 $1,384 $1,536 $1,660 $1,783
Very Low (50%)
Income Limits ($)$26,900 $30,750 $34,600 $38,400 $41,500 $44,550
Maximum Housing
Costs (rent/mortage
& utilites)
$673 $769 $865 $960 $1,038 $1,114
Extremely Low (30%)
Income Limits ($)*$16,150 $18,450 $20,750 $24,250 $28,410 $32,570
Maximum Housing
Costs (rent/mortage
& utilites)
$404 $461 $519 $606 $710 $814
Poverty Guideline $11,770 $15,930 $20,090 $24,250 $28,410 $32,570
Maximum Housing
Costs (rent/mortage
& utilites)$294 $398 $502 $606 $710 $814
*For HUD programs, poverty guideline is the minimum.
FY 2015 Income
Limit Area Income Category
National
Austin
Metropolitan
Statistical Area
(MSA)
Persons in Family
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Design and Construction Team
Workforce and Senior Housing
Georgetown, Texas
To ensure workers, including millennials and seniors changing lifestyles, have the choice
to access safe, durable and affordable housing in Georgetown, HAB is committed to
crafting a strategic plan. Such plan, fully implemented, will reduce our housing deficit
significantly. It will give workers and seniors the option to live and retire here. How? By
accelerating construction of housing for households with incomes from $30,000 to
$60,000, within sustainable communities, while expediting infill development and
maintaining current inventory.
Focus and Tasks
Recommendations for feeding into the crafting of the strategic plan, Phase II, will focus
on the following:
1. Ensure design and construction of housing and communities are based on the diverse
needs of workers, millennials and seniors changing lifestyles with household incomes
from $30,000 to $60,000, plus input from stakeholders.
2. Be innovative and creative. Support building a variety of housing types, rental or
owner-occupied, approximately 500 to 1200 square feet that are durable, cost-
effective, energy-efficient with effective use of light and space.
3. Foster mixed-use, mixed-income communities with amenities and services (e.g. clinics,
stores, schools, parks, jobs and transportation, where possible) easily accessible to
residents, plus walkable and bikeable.
4. Sustain Georgetown's quality of life for residents and future generations with
recommendations that preserve and conserve water, land, energy, materials and
other resources.
5. Make recommendations, where appropriate, to the Unified Development Code that
support mixed-use development, attract investors to build in Georgetown, meet
the needs of the target population, and help close the gap between supply and
demand.
Bottom-line
Make sure teams' recommendations: (1) resolve the problem of housing affordability for
our target population, and (2) accelerate the creation of affordable mixed-use mixed-
income development within healthy communities that are great places to live.
Page 30 of 77
Page 2
Note! The above “Focus and Tasks” are broad brush strokes. They will be modified
based on the consulting firm that is hired. More detail will be added. For now, this can
help us understand the scope of each team's work.
“Government is at its best when it supports creative and innovative solutions to
problems.”
Page 31 of 77
Finance Team
Workforce and Senior Housing
Georgetown, Texas
To ensure workers, including millennials and seniors changing lifestyles, have the choice
to access safe, durable and affordable housing in Georgetown, HAB is committed to
crafting a strategic plan. Such plan, fully implemented, will reduce our housing deficit
significantly. It will give workers and seniors the option to live and retire here. How? By
accelerating construction of housing for households with incomes from $30,000 to
$60,000, within sustainable communities, while expediting infill development and
maintaining current inventory.
Focus and Tasks
Recommendations for feeding into the crafting of the strategic plan, Phase II, will focus
on the following:
1. Be innovative and creative. Develop a variety of substantive fiscal strategies and
incentives to accelerate building of mixed-use mixed-income housing in attractive
communities.
2. Build on the financial recommendations, approved and non-approved, in the 2030
Comprehensive Plan: Housing Element. Generate new and novel solutions to
resolve the problem of housing affordability for target population, and promote
long-term affordability.
3. Provide a fiscal strategy to preserve neighborhoods with moderate to low-income
homes with new residents of high-priced homes. Ensure balance and manage
gentrification effectively.
4. Develop report on the economic impact on Georgetown's economy when workers,
millennials and seniors changing lifestyles are given the opportunity to live and retire
here.
5. Craft strategies to strengthen counseling and support services for first time home
buyers that will help them understand what is involved in buying and maintaining a
home, plus making wise choices relative to renting or buying.
Bottom-line
Make sure teams' recommendations: (1) resolve the problem of housing affordability for
our target population, and (2) accelerate the creation of affordable mixed-use mixed-
income development within healthy communities that are great places to live.
Page 32 of 77
Page 2
Note! The above “Focus and Tasks” are broad brush strokes. They will be modified
based on the consulting firm that is hired. More detail will be added. For now, this can
help us understand the scope of each team's work.
“Government is at its best when it supports creative and innovative solutions to
problems”
--WD
Page 33 of 77
Sustainability Team
Workforce and Senior Housing
Georgetown, Texas
To ensure workers, including millennials and seniors changing lifestyles, have the choice
to access safe, durable and affordable housing in Georgetown, HAB is committed to
crafting a strategic plan. Such plan, fully implemented, will reduce our housing deficit
significantly. It will give workers and seniors the option to live and retire here. How? By
accelerating construction of housing for households with incomes from $30,000 to
$60,000, within sustainable communities, while expediting infill development and
maintaining our current inventory.
Focus and Tasks
Recommendations for feeding into the crafting of the strategic plan, Phase II, will focus
on the following:
1. Cover a variety of educational and social services, as desired by residents, to continue
their growth and development, enhance their self-confidence, and become more
self-sustainable.
2. Suggest programs and activities which foster healthy lifestyles, promote community
through social events, and engage residents in the arts to enrich their lives and
develop their communities.
3. Recommend, where feasible, key shops and services within walkable access of
residents to reduce transportation costs.
4. Enhance neighborhood safety and sustainable communities through environmental
design and strategies for developing effective relationships between residents and law
enforcement officers.
5. Identify developers who provide residents with support services through the tax
credit program at no cost.
6. Enlist the support of GISD, The Georgetown Police Department, The Georgetown
Project, The Caring Place, Georgetown Chamber of Commerce, the arts community
and other community partners for developing unique communities.
Bottom-line
Make sure team's recommendations: (1) resolve the problem of housing affordability for
our target population, and (2) accelerate the creation of affordable mixed-use mixed-
income development within healthy communities that are great places to live.
Page 34 of 77
Page 2
Note! The above “Focus and Tasks” are broad brush strokes. They will be modified
based on the consulting firm that is hired. More detail will be added. For now, this
can help us understand the scope of each team's work.
“Government is at its best when it supports creative and innovative solutions to
problems.”
--WD
Page 35 of 77
Research Team
Workforce and Senior Housing
Georgetown, Texas
To ensure our workers, including millennials and seniors changing lifestyles, have the
choice to access safe, durable and affordable housing, HAB is committed to crafting a
strategic plan. Such plan, fully implemented, will reduce our housing deficit significantly.
It will give workers and seniors the option to live and retire here. How? By accelerating
construction of housing for households with incomes from $30,000 to $60,000, within
sustainable communities, while expediting infill development and maintaining our
current inventory.
Focus and Tasks
Collaborate with consulting firm, staff, HAB and teams by focusing on the following:
1. Gather key general and specific data, conduct analysis and present findings to
teams in a timely and expeditious manner. Ensure teams' decisions are driven by
quality data while imbued with compassion.
2. Create a survey to obtain the specific needs of workers, millennials and seniors for
accessible housing within sustainable communities.
3. Test survey. Ensure instrument asks the right questions to generate information which
addresses the housing needs of workers and seniors, and encourages investors to build
mixed-use mixed-income developments in Georgetown's market.
4. Work with Communication Team on presentations, as needed, especially with the
implementation of the survey to our target population. Consider a variety of
strategies (e. g. door to door, group gatherings, mobile technology) to obtain the
information. Analyze the data. Share information and discuss findings with HAB,
staff and teams.
Bottom-line
Make sure team's recommendations: (1) resolve the problem of housing affordability for
our target population, and (2) accelerate the creation of affordable mixed-use mixed-
income development within healthy communities that are great places to live.
Note! The above “Focus and Tasks” are broad brush strokes. They will be modified
based on the consulting firm that's hired. More detail will be added. For now, this can
help us understand the scope of each team's work.
“Government is at its best when it supports creative and innovative solutions to
Page 36 of 77
Communication Team
Workforce and Senior Housing
Georgetown, Texas
To ensure workers, including millennials and seniors changing lifestyles, have the choice
to access safe, durable and affordable housing in Georgetown, HAB is committed to
crafting a strategic plan. Such plan, fully implemented, will reduce our housing deficit
significantly. It will give workers and seniors the option to live and retire here. How? By
accelerating construction of housing for households with incomes from $30,000 to
$60,000, within sustainable communities, while expediting infill development and
maintaining our current inventory.
Focus and Tasks
Collaborate with consulting firm. staff, HAB and teams to create a communications plan
for presentations. Work cooperatively with Research Team to complete the following:
1. A. Identify locations for all sessions. Recruit bilingual persons fluent in Spanish,
and others, to present message to participants and facilitate work in small
groups.
B. Craft all communications for public. At initial public presentations, explain
what we plan to do and why. Share how information will be gathered from
stakeholders, workers, millennials and seniors changing lifestyles to address
the problem of housing affordability in Georgetown.
C. Invite and encourage participants to share their questions and concerns about
housing affordability and solutions for resolving the issues. Pay attention to
their feelings. Collect general information. Explain next steps.
D. Forward data to the Research Team for their analysis and completion of key
survey for obtaining specific data from workers, millennials and seniors about
their needs.
2. A. Communicate pertinent information to workers, millennials and seniors about
meetings to solicit their specific needs relative to accessible housing within
sustainable communities. Gather specific data from participants. Forward data
to Research Team for assessment. Share findings and recommendations with
teams. Receive their input. Present to HAB.
B. Communicate information to building industry about meetings to solicit their
specific needs relative to accessible housing. Gather specific data from
participants. Forward data to Research Team for assessment. Share findings
and recommendations with teams. Receive their input. Present to HAB.
Page 37 of 77
Page 2
3. After reviewing the information, HAB Steering Committee will craft substan-
tive recommendations. Both findings and recommendations, for resolving the
problem, will be presented to Council for “go/no go” decision to Phase 2.
4. Make sure presentations and materials contain a compelling and clear message
framed appropriately in English and Spanish. Help teams stay on message.
5. Ensure continuous feedback to citizens and stakeholders on status of our work
and their concerns. Likewise, do same with our workers, millennials and seniors.
6. Integrate a variety of resources into the plan (e. g. print material, electronic tools,
social media, press and media) to engage citizens, stakeholders and target
population in this process so they also own and resolve the problem.
Bottom-line
Make sure teams' recommendations will help: (1) resolve the problem of housing
affordability for our target population, and (2) accelerate the creation of affordable
mixed-use mixed-income development within healthy communities that are great places
to live.
+++++++++++++++
Note! The above “Focus and Tasks” are broad brush strokes. They will be modified
based on the consulting firm that is hired. More detail will be added. For now, this can
help us understand the scope of each team's work. --Revised, 8/ 18/15
“Government is at its best when it supports creative and innovative solutions to
problems.” --WD
Page 38 of 77
Fiscal Components
Three Strategies
I. Build on Successful Programs
1. Low Income Housing Tax Credits (LIHTC) give State and local LIHTC-allocating
agencies tax credits for affordable rental housing targeted to lower-income
households.
2. Community Development Block Grant (CDBG) is a flexible program that
provides communities with resources to address a wide range of unique
community development needs.
3. HOME Investment Partnerships Program (HOME) provides formula grants to
States and localities that communities use - often in partnership with local
nonprofit groups - to fund a wide range of activities.
II. Review and Evaluate Other Available Components (Examples)
1. Community Land Trust (CLT) is a proven model for funding and managing
critically needed workforce housing. CLTs provide a very flexible way for
governments to commit resources to provide attainable housing for our
community.
2. Housing Trust Funds are distinct funds established by city, county or state
governments that receive ongoing dedicated sources of public funding to
support affordable housing.
3. National Housing Trust Fund (NHTF) is a new affordable housing production
program to complement existing Federal, State and Local efforts to increase and
preserve the supply of affordable housing for extremely.
4. Choice Neighborhoods program supports locally driven strategies to address
struggling neighborhoods with distressed public or HUD-assisted housing
through a comprehensive approach to neighborhood transformation.
5. The Texas State Affordable Housing Corporation (TSAHC) program targets
the housing needs of low-income families. TSAHC provides a variety of affordable
housing programs aimed at helping workforce housing developers build better
housing, homebuyers achieve the American dream of homeownership with down
payment assistance, and homeowners sustain homeownership and improve their
financial situation.
III. Explore new and novel ways to address strategic plan objectives.
Page 39 of 77
1 National Association of Home Builders 1201 15th Street, NW, Washington, DC 2005, 202‐266‐8398
https://www.novoco.com/hottopics/resource_files/nahb_jobs‐report_2010.pdf
2 The term local taxes is used as a shorthand for local government revenue from all sources: taxes, fees,
fines, revenue from government‐owned enterprises, etc.
The Local Economic Impact of Building 100 Apartments
in a Typical Housing Tax Credit Development
Total One‐Year Impact: Sum of Phase I and II
Local Business Local Wages and Local Jobs
Local Income Owners' Income Salaries Local Taxes Supported
$7,889,000 $2,300,800 $5,587,900 $826,000 122
Phase I: Direct and Indirect Impact of Construction Activity
Local Business Local Wages and Local Jobs
Local Income Owners' Income Salaries Local Taxes Supported
$53,117,500 $1,450,500 $3,866,700 $501,800 80
Phase II: Induced (Ripple) Effect of Spending the Income and Taxes from Phase I
Local Business Local Wages and Local Jobs
Local Income Owners' Income Salaries Local Taxes Supported
$2,571,500 $850,300 $1,721,200 $325,000 42
Phase III: Ongoing, Annual Effect that Occurs When New Homes are Occupied
Local Business Local Wages and Local Jobs
Local Income Owners' Income Salaries Local Taxes Supported
$2,385,300 $1,146,800 $1,238,300 $441,000 30
Page 40 of 77
City of Georgetown, Texas
City Council Agenda
November 10, 2015
SUBJECT:
Boards and Commissions and the Role of Council -- Mayor Dale Ross
ITEM SUMMARY:
FINANCIAL IMPACT:
NA
SUBMITTED BY:
ATTACHMENTS:
Council Membership Requirements on Boards & Commissions
Boards & Commissions Residency Requirements
Current Council Assignments
Page 41 of 77
COUNCIL MEMBERSHIP REQUIREMENTS ON BOARDS AND COMMISSIONS
BOARD OR COMMISSION COUNCIL
MEMBERBERHIP
COUNCIL MEMBERSHIP BY STATE STATUE?
ADA Board
Animal Shelter Advisory Board 1 Statute requires one member to be a county or
municipal official
Arts & Culture Advisory Board
Building Standards
Commission
Convention & Visitors Bureau
Commission on Aging
GEDCO 3 City Ordinance Only. No Statute for Council
Membership
Ethics Commission
GGAF 3 City Ordinance Only. No Statute for Council
Membership
HARC
Housing Advisory Board
Housing Authority
Library Advisory Board
Main Street Advisory Board
Parks & Rec Advisory Board
Planning & Zoning
Commission
Strategic Partnerships
Transportation Advisory Board 2 City Ordinance Only. No Statute for Council
Membership
Transportation Enhancement
Corp (4B) 2
Statute requires 3 directors NOT be
employees, officers or member of governing
body. Does not REQUIRE council members.
Unified Development Code
Utility Systems Advisory
Board 2 City Ordinance Only. No Statute for Council
Membership
Youth Advisory Board
Rivery Park TIRZ Board 2 City Ordinance Only. No Statute for Council
Membership
South Georgetown TIRZ Board 1 City Ordinance Only. No Statute for Council
Membership
Page 42 of 77
BOARDS & COMMISSIONS RESIDENCY REQUIREMENTS
BOARD OR
COMMISSION
RESIDENCY
CITY LIMITS
AND ETJ
RESIDENCY
CITY LIMITS
ONLY
CITY LIMIT RESIDENCY BY STATE
STATUTE?
ADA Board X
Animal Shelter
Advisory Board X
Arts & Culture
Advisory Board X
Building Standards
Commission X
Convention &
Visitors Bureau X
Commission on
Aging X
GEDCO X
Ethics Commission X Councilmember chooses resident in his district
GGAF X
HARC X City Ordinance Requirement – No State Statute
Housing Advisory
Board X
Housing Authority X
Library Advisory
Board X
Main Street Advisory
Board X
Parks & Rec
Advisory Board X
Planning & Zoning
Commission X
City Ordinance to Reside in City for one year
prior to appointment and be a registered voter.
No state statute.
Strategic Partnerships X City Ordinance only. No State Statute
Transportation
Advisory Board X
Transportation
Enhancement Corp
(4B)
X State Statute that members must be a resident of
the municipality
Unified Development
Code X
Utility Systems
Advisory Board X
Youth Advisory
Board X
Page 43 of 77
2015/16 Boards & Commissions Councilmember Appointments
Boards with Council Members
Animal Shelter Advisory Board (ANSAB) – 1
Georgetown Economic Development Corporation (4A) (GEDCO) – 3
General Government & Finance Advisory Board (GGAF) – 3
Georgetown Utility Systems Advisory Board (GUS) – 2
Georgetown Transportation Advisory Board (GTAB) – 2
Georgetown Transportation Enhancement Corporation (4B) – 3
Rivery Park Tax Increment Reinvestment Zone (TIRZ) Board – 2
South Georgetown Tax Increment Reinvestment Zone (TIRZ) Board - 1
Mayor Makes New Appointments of Council Members the second council meeting in May.
Memberships are effective June 1st.
Appointments to Begin June 1, 2015
Animal Shelter Advisory Board (ANSAB) – 1
Anna Eby – District 1
Georgetown Economic Development Corporation (4A) (GEDCO) – 3
Ty Gipson – District 5
Steve Fought – District 4
Rachel Jonrowe – District 6
General Government & Finance Advisory Board (GGAF) – 3
Keith Brainard – District 2
John Hesser – District 3
Tommy Gonzalez – District 7
Georgetown Utility Systems Advisory Board (GUS) – 2
Steve Fought – District 4
John Hesser – District 3
Georgetown Transportation Advisory Board (GTAB) – 2
John Hesser – District 3
Rachael Jonrowe – District 6
Georgetown Transportation Enhancement Corporation (4B) – 3
Anna Eby – District 1
John Hesser – District 3
Tommy Gonzalez – District 7
Rivery Park Tax Increment Reinvestment Zone (TIRZ) Board – 2
Keith Brainard – District 2
Dale Ross - Mayor
South Georgetown Tax Increment Reinvestment Zone (TIRZ) Board – 1
Dale Ross – Mayor
Page 44 of 77
City of Georgetown, Texas
City Council Agenda
November 10, 2015
SUBJECT:
Forwarded from the Georgetown Transportation Advisory Board (GTAB):
Presentation and discussion on the DRAFT Ordinance “Illicit Discharge of pollutants into the MS4 or
Conveyances" -- Nat Waggoner, PMP®, Transportation Analyst and Skye Masson, Assistant City Attorney
ITEM SUMMARY:
On December 11, 2013, the Texas Commission on Environmental Quality (TCEQ) adopted rules for newly
regulated MS4s based on the 2010 Census designation of Urbanized Areas In order to comply with permit
requirements, the City of Georgetown submitted a Storm Water Management Plan (SWMP) to on June 11,
2014. The TCEQ approved SWMP outlines key activities and programming the City of Georgetown will
take over the course of 5 years in order to comply with the general permit. One key activity is the review of
existing ordinances prohibiting illicit discharges. City staff, through consultation with adjacent permit
holders, has reviewed existing ordinances and has drafted a new ordinance in line with TCEQ standards. City
Council will review the DRAFT ordinance and the DRAFT Year 1 report during a workshop on November
10, 2015. Signature authority for the permit is regulated by the 30 Texas Administrative Code §305.44(a)(3).
According to the Provision, only a ranking elected official or principal executive officer may sign an
application form.
GTAB BOARD RECOMMENDATION:
This item was unanimously recommended by the GTAB Board for Council approval at the October 9, 2015
GTAB Board meeting.
STAFF RECOMMENDATIONS:
Staff recommends approval of the DRAFT Ordinance to City Council during their November 24th regular
meeting.
FINANCIAL IMPACT:
N/A.
SUBMITTED BY:
Nat Waggoner, PMP®
ATTACHMENTS:
Illicit Discharge Presentation
Draft_Illicit Discharge Ordinance_Workshop Presentation
Page 45 of 77
MS4 -Illicit Discharge and Detection
Municipal Separate Storm Sewer (MS4)
Illicit Discharge Ordinance
Council Workshop
November 10th, 2015
Page 46 of 77
MS4 -Illicit Discharge and Detection
Agenda
●Purpose
●What is an Illicit Discharge
●YR 1 Activities Related to Illicit Discharge Elimination
●MS4 Permit Requirements for Illicit Discharge
Elimination
●Ordinance Development
●Next Steps
Page 47 of 77
MS4 -Illicit Discharge and Detection
Purpose
●Develop enforcement procedures and actions to
ensure that the regulatory mechanism is
implemented; and programs to detect and eliminate
non-stormwater discharges from the City’s MS4.
Page 48 of 77
MS4 -Illicit Discharge and Detection
What is an “Illicit Discharge”
●An illicit discharge is defined as “a point source
discharge of pollutants to a separate storm drain
system which is not composed entirely of
stormwater and not authorized by an NPDES
permit.”
Page 49 of 77
MS4 -Illicit Discharge and Detection
Year 1
Activities Related to Illicit Discharge
(6/14 –9/ 15)
●Reviewed Ordinances and Citizen Reporting/
Complaint Systems and Procedures
●Drafted Illicit Discharge Ordinance
●Assessment of data needs
●Developed and Conducted Municipal training
●Investigated Illicit Discharges
●Continued Municipal System MaintenancePage 50 of 77
MS4 -Illicit Discharge and Detection
DRAFT Illicit Discharge Ordinance
Development
●Empowers the General Manager of the Utility or
designee
●Developed in coordination with Georgetown Staff:
Building Official, Inspection Services, Legal, Code
Enforcement, Plan Review, Systems Engineering.
●The ordinance is based several guiding documents:
TCEQ Sample Ordinance, Texas Water Code, Section
26.173(a) for Right of Entry, EPA’s MS4 Ordinance
Recommendations and locally adopted ordinances by
other communities in the region.
Page 51 of 77
MS4 -Illicit Discharge and Detection
MS4 Permit Requirements –Illicit
Discharge Elimination
Legal Authority
(a) MS4 Permit Requirements:
•The City must have a mechanism to control polluted runoff from
construction and maintenance activities from entering the City’s
stormwater system.
•The mechanism is an illicit discharge ordinance which sets
requirements for pollution control plans during construction.
•These requirements will be part of building permits and site
construction plans and enforceable by the Building Inspectors and
Code Enforcement.
•Draft Ordinance addresses/cleans up several previously adopted
City Ordinances.
Page 52 of 77
MS4 -Illicit Discharge and Detection
Next Steps
●Gain your recommendation of approval
●November 24th First Reading of Ordinance
●December 8th Second Reading and Adoption
Page 53 of 77
MS4 -Illicit Discharge and Detection
Questions and Concerns
Nat Waggoner
Transportation Analyst
nat.waggoner@Georgetown.org
MS4Operator@Georgetown.org
(512) 930-8171
https://transportation.georgetown.org/storm-water-management-plan-swmp/
Page 54 of 77
MS4 -Illicit Discharge and Detection
MS4 Permit Requirements –Illicit
Discharge Elimination
Legal Authority
(a) Traditional small MS4s, such as cities
(1) Within two years from the permit effective date, the permittee shall review and
revise, if needed, its relevant ordinance(s) or other regulatory mechanism(s), or
shall adopt a new ordinance(s) …
(2) To be considered adequate, this legal authority must, at a minimum, address the
following:
a. prohibit illicit discharges and illicit connections;
b. respond to and contain other releases –
c. require compliance with conditions in the permittee’s ordinances, permits, contracts, or orders;
d. require installation, implementation, and maintenance of control measures;
e. receive and collect information, such as stormwater plans, inspection reports, and other information deemed
necessary to assess compliance with this permit, from operators of construction sites, new or redeveloped
land, and industrial and commercial facilities;
f. to enter and inspect private property including facilities, equipment, practices, or operations related to
stormwater discharges to the small MS4;
g. respond to non-compliance with BMPs required by the small MS4 consistent with their ordinances or other
regulatory mechanism(s);
h. assess penalties, including monetary, civil, or criminal penalties; and
i. enter into interagency or interlocal agreements or other
maintenance agreements, as necessary.
Page 55 of 77
Page 1
CHAPTER 13.30. - ILLICIT DISCHARGES OF POLLUTANTS INTO THE MS4 OR
CONVEYANCES
Sec. 13.30.010 - Applicability.
This chapter shall be applicable to any and all dischargers (as herein defined) within the city limits
and extraterritorial jurisdiction of the city.
Sec. 13.30.020 - Definitions.
The following words and phrases, when used in this chapter, shall have the meanings
respectively ascribed to them in this definitions section, except when the context otherwise
requires. Whenever any words and phrases used herein are not defined herein but are defined in
the federal and state laws regulating illicit discharge, any such definition therein shall be deemed
to apply to such words and phrases used herein, except when the context otherwise requires.
Best Management Practices (BMP). Methods that have been determined to be the most
effective, practical means of preventing or reducing pollution from non-point sources, such as
pollutants carried by urban runoff. These methods can be structural (e.g., devices, ponds,
engineered or constructed to prevent or manage storm water) or non-structural (e.g., policies to
reduce imperviousness). BMP also include schedules of activities, prohibitions of practices,
maintenance procedures, and other management practices to prevent or reduce the pollution of
waters of the United States. BMP also include treatment requirements, operating procedures, and
practices to control plant site runoff, spillage or leaks, sludge or waste disposal, or drainage from
raw material storage.
Calendar day. When the term "day" is used herein, unless specifically defined otherwise, the
term shall mean any day of the week, including Saturdays, Sundays, and legal holidays, with no
days being excepted.
General Manager means the city employee fulfilling the duties of and holding the title of
General Manager of Utilities, or similar subsequent title designation, or designee.
City staff means employees of the City, authorized to act on the City's behalf by the General
Manager.
Construction activity means soil disturbance, including clearing, grading, and excavating; and
not including routine maintenance that is performed to maintain the original line and grade,
hydraulic capacity, or original purpose of the site (e.g., the routine grading of existing dirt roads,
asphalt overlays of existing roads, the routine clearing of existing right -of-ways, and similar
maintenance activities). Regulated construction activity is defined in terms of small and large
construction activity.
Conveyance means any of the following, by way of illustration and not limitation: Stream,
channel, drainage way, drainage/dry well, ephemeral stream, floodplain, karst feature, storm
drainage system, drainage system appurtenance, waterbody, watercourse or waterway, curbs,
gutters, man-made channels and ditches, drains, pipes, and other constructed features designed or
used for flood control or to otherwise transport stormwater runoff.
Page 56 of 77
Page 2
Discharge means any addition or introduction of any pollutant, storm-water, or any other
substance whatsoever into the municipal separate storm sewer system (MS4) or conveyances.
Discharger means any person who causes, allows, permits, or is otherwise responsible for a
discharge, including, without limitation, any operator of a construction site or industrial facility.
Environmental Protection Agency (EPA) means the United States Environmental Protection
Agency, the regional office thereof, any federal department, agency, or commission that may
succeed to the authority of EPA, and any duly authorized official of EPA or such successor agency.
Facility means any building, structure, installation, or activity from which there is or may be
a discharge of a pollutant.
Fire department means the Fire Department of the City of Georgetown, Texas, and any other
fire departments with which the City of Georgetown has mutual assistance or mutual aid
agreements.
Fire protection water means any water, and any substances or materials contained therein,
used by any person other than the fire department to control or extinguish a fire.
Garbage means putrescible animal and vegetable waste materials from the handling,
preparation, cooking, or consumption of food, including waste materials from markets, storage
facilities, and the handling and sale of produce and other food products.
Harmful quantity means the amount of any substance due to volume or concentration that will
cause pollution.
Hazardous material means any material (including any substance, waste, or combination
thereof) which, because of its quantity, concentration, or physical, chemical, or infectious
characteristics, may cause or significantly contribute to a substantial present or potential hazard to
human health, safety, property, or the environment when improperly treated, stored, trans ported,
disposed of, or otherwise managed. This term shall include household hazardous wastes as
classified under 40 CFR 261, hazardous substances as listed in table 302.4 of 40 CFR 302, and
hazardous wastes identified or listed by the EPA pursuant to 40 CFR 261.
Illicit connection means any connection to the MS4 or conveyances that allows for an illicit
discharge.
Illicit discharge means any discharge to a municipal separate storm sewer that is not entirely
composed of storm-water, except discharges pursuant to this general permit or a separate
authorization and discharges resulting from emergency fire-fighting activities.
Industrial activity means any activity at an industrial facility described by the TPDES Multi
Sector General Permit, TXR050000, or by any other TCEQ or TPDES permit including any of the
following, by way of illustration and not of limitation: manufacturing, processing, materials
storage, and waste materials disposal.
Industrial waste means any waterborne liquid or solid substance that result from any process
of industry, manufacturing, mining, production, trade or business.
Municipal Separate Storm Sewer System (MS4) means the storm drainage system operated
and maintained by the city which is comprised of the following: the system of conveyances
(including roads with drainage systems, municipal streets, catch-basins, curbs, gutters, ditches,
Page 57 of 77
Page 3
manmade channels, or storm drains) owned and operated by the city and designed or used for
collecting or conveying storm-water, and which is not used for collecting or conveying sewage.
Oil means any kind of oil in any form, including but not limited to petroleum, fuel oil, crude
oil or any fraction thereof which is liquid at standard conditions of temperature and pressure,
sludge, oil refuse, and oil mixed with waste. This term shall include used oil that has become
unsuitable for its original purpose because of impurities or the loss of original properties but that
may be suitable for further use and is recyclable in compliance with state and federal law.
Operator means the person or persons who, either individually or taken together, meet the
following two criteria:
(1) He has operational control over the facility specifications (including the ability to make
modifications in specifications); and
(2) He has the day-to-day operational control over those activities at the facility necessary to
ensure compliance with pollution prevention requirements and any permit conditions.
Owner means the person who owns a facility or part of a facility.
Outfall means point source at the point where a small MS4 discharges to waters of the U.S.
and does not include open conveyances connecting two municipal separate storm sewers, or pipes,
tunnels, or other conveyances that connect segments of the same stream or other waters of the U.S.
and are used to convey waters of the U.S. For the purpose of this permit, sheet flow leaving a linear
transportation system without channelization is not considered an outfall. Point sources such as
curb cuts; traffic or right-or-way barriers with drainage slots that drain into open culverts, open
swales or an adjacent property, or otherwise not actually discharging into waters of the U.S. are
not considered an outfall.
Person means any individual, partnership, co-partnership, firm, company, corporation,
association, joint-stock company, trust, estate, governmental entity, or any other legal entity, or
their legal representatives, agents, lessees, or assigns. This term shall also include all federal, state,
and local governmental entities.
Petroleum storage tank (PST) means any one or a combination of aboveground or
underground storage tanks or connecting underground pipes that contain petroleum products that
are obtained from distilling and processing crude oil and that are capable of being used as a fuel.
Pollutant means a substance, the entrance of which causes or contributes to a violation of
applicable water quality standards as defined by the Clean Water Act. This term includes but is
not limited to paints, varnishes, solvents, oil and other automotive fluids, yard wastes, trash,
sediments, household chemicals, detergents, pesticides, herbicides, fertilizers, hazardous
materials, sewage, animal wastes, dredged spoil, solid waste, incinerator residue, garbage, sewage
sludge, munitions, chemical waste, biological materials, radioactive materials, wrecked or
discarded equipment, rock, sand, cellar dirt, and industrial, municipal, and agricultural waste
discharged into water, and other materials exposed to storm-water as a result of construction
activity.
Pollution means the alteration of the physical, thermal, chemical, or biological quality of, or
the contamination of, any water in the state that renders the water harmful, detrimental, or injurious
to humans, animal life, vegetation, or property, or to the public health, safety, or welfare, or impairs
the usefulness or the public enjoyment of the water for any lawful or reasonable purpose.
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Release means any spilling, leaking, pumping, pouring, emitting, emptying, discharging,
injecting, escaping, leaching, dumping, or disposing into the Municipal Separate Storm Sewer
System (MS4) or conveyances.
Sanitary sewer or sewer means the system of pipes, conduits, and other conveyances which
carry industrial waste and domestic sewage from residential dwellings, commercial buildings,
industrial and manufacturing facilities, and institutions, whether treated or untreated, to the city
sewage treatment plant (and to which storm-water, surface water, and groundwater are not
intentionally admitted).
Service station means any retail establishment engaged in the business of selling fuel for motor
vehicles that is dispensed from stationary storage tanks.
Site means the land or water area where any facility or activity is physically located or
conducted, including adjacent land used in connection with the facility or activity.
Solid waste means any garbage, trash, refuse, sludge from a waste treatment plant, water
supply treatment plant, or air pollution control facility, and other discarded material, including
solid, liquid, semi-solid, or contained gaseous material resulting from industrial, municipal,
commercial, mining, and agricultural operations, and from community and institutional activities.
Storm water pollution prevention plan (SWPPP) means a plan required by either the
construction general permit or the industrial general permit and which describes and ensures the
implementation of practices that are to be used to reduce the pollutants in storm-water discharges
associated with construction or other industrial activity at the facility.
Storm water means any surface flow, storm-water runoff, snow melt runoff, and surface runoff
and drainage consisting entirely of water from any form of natural precipitation.
TCEQ means the Texas Commission on Environmental Quality, or any duly authorized
official of said agency.
Texas Pollutant Discharge Elimination System (TPDES) means the program delegated to the
State of Texas by EPA pursuant to 33 USC 1342(b).
Trash means non-putrescible solid waste, excluding ashes that consist of:
(1) Combustible waste materials, including paper, rags, cartons, wood, excelsior, furniture,
rubber, plastics, yard trimmings, leaves, and similar materials; and
(2) Noncombustible waste materials, including glass, crockery, tin cans, aluminum cans,
metal objects, and similar materials that do not burn at ordinary incinerator temperatures
(1600 to 1800 degrees Fahrenheit).
Uncontaminated means not containing a harmful quantity of any substance.
Wash-water means any water containing pollutants from the act of cleaning parking lots,
vehicles, or building exteriors.
Wastewater means human excrement, gray water (from home clothes washing, bathing,
showering, dishwashing, and food preparation), other wastewater that is free from industrial waste
including from household drains, and waterborne waste normally discharged from the sanitary
conveniences of dwellings (including apartment houses and hotels), office buildings, factories, and
institutions.
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Water quality standard means the designation of a body or segment of surface water in the
state for desirable uses and the narrative and numerical criteria deemed by the state to be necessary
to protect those uses, as specified in 31 Tex. Admin. Code Ch. 307.
Wetland means an area that is inundated or saturated by surface or groundwater at a frequency
and duration sufficient to support, and that under normal circumstances does support, a prevalence
of vegetation typically adapted for life in saturated soil conditions. Wetlands generally include
swamps, marshes, bogs, and similar areas.
Yard waste means leaves, grass clippings, yard and garden debris, and brush that results from
landscaping maintenance and land-clearing operations.
Sec. 13.30.030 - Minimum standards.
The standards set forth in this chapter are minimum standards; therefore, no inference is
intended that compliance with this chapter will ensure that there will be no contamination,
pollution, or unauthorized discharge of pollutants. Additionally, no inference is intended that
compliance with this chapter will serve to extend any deadline established by a state or federal
standard or requirement, nor is any inference intended that compliance with this chapter will
relieve a discharger of liability for any violation or continuing violation.
Sec. 13.30.040 - Compliance obligations.
(a) Any person subject to an industrial or construction activity TPDES storm-water discharge
permit shall comply with all provisions of such permit or any other state or federal regulations.
Prior to the city allowing discharges to the MS4 or conveyances, the city may require proof
of such compliance in a form acceptable to the city.
(b) Every person owning property through which a conveyance passes shall have the obligation
to keep and maintain that part of the conveyance within that property free of pollutants.
Sec. 13.30.050 - General prohibition; affirmative defenses.
(a) General prohibition. No person within the city limits and extraterritorial jurisdiction of the
city shall introduce, cause to be introduced, discharge, or cause to be discharged into the
Municipal Separate Storm Sewer System (MS4) or any conveyances any discharge that is not
composed entirely of storm-water. Such prohibition includes commencement of any illicit
discharge into the MS4 or any conveyances, and continuation of any illicit discharge into the
MS4 or any conveyances.
(b) Affirmative defenses. It is an affirmative defense to any enforcement action for violation of
subsection (a) of this section that the discharge was composed entirely of one or more of the
following categories of discharges:
(1) A discharge specified in writing by the city as necessary to protect public health and
safety.
(2) A discharge authorized by a TPDES permit, waiver, or waste discharge order issued to
the discharger and administered under authority of the TCEQ or USEPA, provided that
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the discharger is in full compliance with all requirements of the permit, waiver, order,
and other applicable laws and regulations.
(3) A discharge resulting from firefighting/fire suppression activities.
(4) A discharge of fire protection water from standard municipal operations and training that
does not contain oil or hazardous substances or materials that are required to be contained
and treated prior to discharge, in which case treatment adequate to remove harmful
quantities of pollutants must have occurred prior to discharge.
(5) A discharge resulting from the standard municipal operations of street sweeping and
street washing activities, which discharge is not contaminated with any soap, detergent,
degreaser, solvent, emulsifier, dispersant, or any other harmful cleaning substance.
(6) A discharge from water line flushing, but not including a discharge from water line
disinfection by super-chlorination or other means unless the total residual chlorine (TRC)
has been reduced to less than one ppm (part per million) and it contains no harmful
quantity of chlorine or any other chemical used in line disinfection.
(7) A discharge from a potable water source not containing any harmful quantity of a
substance or material from the cleaning or draining of a storage tank or other container.
(8) A discharge from individual residential car washing.
(9) A discharge from air conditioning condensation that is unmixed with water from a cooling
tower, emissions scrubber, emissions filter, or any other source of pollutant.
(10) Swimming pool water that has been dechlorinated so that total residual chlorine (TRC) is
less than one ppm (part per million) and that contains no harmful quantity of chlorine,
muriatic acid or other chemical used in the treatment or disinfection of the swimming
pool water or in pool cleaning.
(11) Storm-water runoff from a roof that is not contaminated by any runoff or discharge from
an emissions scrubber or filter or any other source of pollutant.
(12) A discharge or flow from a diverted stream flow or natural spring.
(13) A discharge or flow from uncontaminated pumped groundwater, rising groundwater, or
groundwater infiltration to storm drains.
(14) Uncontaminated groundwater infiltration, as defined by 40 CFR 35.2005(20), to the MS4.
(15) Uncontaminated discharge from a foundation or footing drain (excluding active
groundwater dewatering systems), crawl space pump, or sump pump.
(c) No affirmative defense shall be available under this chapter if the discharge in question has
been previously determined by the city to be a source of a pollutant to the MS4 or any
conveyances, and written notice of such determination has been provided to the discharger.
The city's determination that a discharge is a source of a pollutant may be reviewed in any
administrative or judicial enforcement proceeding.
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Sec. 13.30.060 - Specific prohibitions.
(a) The specific prohibitions and requirements in this section are not inclusive of all the
discharges prohibited by the general prohibition in section 13.30.050.
(b) No person shall introduce, cause to be introduced, discharge, or cause to be discharged into
the MS4 or conveyances any discharge that causes or contributes to causing the city to violate
a water quality standard, the city's TPDES permit, or any state-issued discharge permit for
discharges from its MS4.
(c) No person shall dump, spill, leak, pump, pour, emit, empty, discharge, leach, dispose, or
otherwise introduce or cause, allow, or permit to be introduced any of the following substances
into the MS4 or conveyances:
(1) Any motor oil, antifreeze, or any other motor vehicle fluid.
(2) Any industrial waste.
(3) Any hazardous material, including household hazardous waste, hazardous substances,
and hazardous waste.
(4) Any wastewater or septic tank waste, grease trap waste, or grit trap waste.
(5) Any garbage, trash, or yard waste, specifically including but not limited to pressure-
treated wood, painted wood, painted wood pallets, laminated wood, insulation, and
particle board.
(6) Any discharge from a carwash facility; from any vehicle washing, cleaning, or
maintenance at any new or used automobile or other vehicle dealership, rental agency,
body shop, repair shop, or maintenance facility; or from any washing, cleaning, or
maintenance of any vehicle, including a truck, bus, or heavy equipment, by a business or
public entity that operates more than four such vehicles.
(7) Any discharge from the cleaning of a building exterior that contains any soap, detergent,
degreaser, solvent, or any other harmful cleaning substance.
(8) Any discharge from commercial floor, rug, or carpet cleaning.
(9) Any discharge from the wash-down or other cleaning of pavement that contains any
harmful quantity of soap, detergent, solvent, degreaser, emulsifier, dispersant, or any
other harmful cleaning substance; or any discharge from the wash-down or other cleaning
of any pavement where any spill, leak, or other release of oil, motor fuel, or other
petroleum or hazardous substance has occurred, unless all harmful quantities of such
released material have been previously removed.
(10) Any effluent from a cooling tower, condenser, compressor, emissions scrubber, emissions
filter, or the blowdown from a boiler.
(11) Any ready-mixed concrete, mortar, ceramic, or asphalt base material or hydro-mulch
material, or material from the cleaning of vehicles or equipment containing, or used in
transporting or applying, such materials.
(12) Any runoff or wash-down water from concentrated animal feeding operations as defined
in 40 CFR 122.23 or discharges from concentrated aquatic animal production facilities as
defined in 40 CFR 122.24.
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(13) Any swimming pool, fountain, or spa water, including backwash water, containing total
residual chlorine (TRC) of one ppm (part per million) or more or containing any harmful
quantity of chlorine, muriatic acid or other chemical used in the treatment or disinfection
of the swimming pool water or in pool cleaning.
(14) Any discharge from water line disinfection by super-chlorination or other means if the
total residual chlorine (TRC) is at one ppm (part per million) or more or if it contains any
harmful quantity of chlorine or any other chemical used in line disinfection.
(15) Any fire protection water containing oil or hazardous materials that are required to be
contained and treated prior to discharge, unless treatment adequate to remove pollutants
occurs prior to discharge. This prohibition does not apply to discharges or flow from
firefighting/fire suppression activities.
(16) Any contaminated runoff from a vehicle salvage yard or storage yard.
(17) Any substance or material that will damage the MS4.
(18) Any release from a petroleum storage tank (PST), or any leachate or runoff from soil
contaminated by a leaking PST, or any discharge from the remediation of any such PST
release, unless the discharge satisfies all of the following criteria:
a. Compliance with all state and federal standards and requirements; and
b. No discharge containing a harmful quantity of any pollutant.
(19) Any harmful quantity of sediment, silt, earth, soil, or other material which is associated
with clearing, grading, excavation or other such construction activities, or which is
associated with landfilling or other placement or disposal of soil, rock, or other earth
materials.
(20) Any pavement wash-water from a service station unless such wash-water has passed
through a properly functioning and maintained grease, oil, and sand separator before
discharge into the MS4 or conveyances.
(21) Any introduction of oil into the environment, specifically including but not limited to oil
applied to a road or land for dust suppression, weed abatement, or other similar use; any
introduction of oil commingled or mixed with solid waste that is to be dis posed of in a
landfill; any introduction of oil by direct disposal on land or in a landfill; or any
introduction of oil into the MS4 or conveyances, or into any septic tank.
Sec. 13.30.070 - Prohibition of illicit connections and tampering with the MS4.
(a) The construction of, use of, maintenance of, or continued use of a new or existing illicit
connection to the MS4 or any conveyances is prohibited. This prohibition expressly includes
any illicit connection made before passage of the ordinance codified in this chapter, regardless
of whether such connection was permissible under law or practices applicable or prevailing
at the time of connection. A person is deemed to be in violation of this chapter if the person
connects a line conveying wastewater or industrial waste to the MS4 or any conveyances, or
allows such a connection to continue.
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(b) It is unlawful to injure or in any way tamper with any part of the MS4, including willfully or
negligently clogging any sewer drain.
Sec. 13.30.080-- Construction requirements and control measures.
Operators of construction activities shall be required to select, install, implement, and maintain
storm water control measures that comply with City of Georgetown Construction Specifications
and Standards, Drainage Criteria Manual (DCM) Unified Development Code (UDC) TPDES
Construction General Permit, TPDES MS4 General Permit, or other ordinances that may apply to
construction activities. The Operator shall ensure the following minimum requirements are
effectively implemented and complied with:
(a) Development of sites one (1) acre or more.
(1) An SWPPP is currently required by EPA and TCEQ for all construction activities where
one (1) or more acres will be disturbed during development. Developments of sites that
disturb one (1) acre or more within City jurisdiction shall prepare a SWPPP that satisfies
EPA, TCEQ regulations, the NPDES or TPDES construction general permit, and this
ordinance. No construction activities may begin until the SWPPP is approved by the City
Engineer or designee.
a. A copy of the SWPPP shall be provided to the City's Engineer. The SWPPP shall
be submitted at the time that subdivision construction plans are submitted, or if
the construction activities do not require subdivision approval, at the time of
submission of the site development application, or if the construction activities do
not require site development application approval, at the time of submission of a
building permit application. The City Engineer or to his/her designee(s) of other
City personnel may require correction of any deficiencies in the SWPPP, and may
require additional measures in order to meet the minimum requirements of the
pollution control measures section below.
b. A copy of any notice of intent (NOI) or small or large construction si te notice
provided to EPA or TCEQ shall be provided to the City Engineer.
c. A copy of any Notice of Termination (NOT) submitted to EPA or TCEQ shall be
provided to the City Engineer.
(2) If the site is one (1) acre or more, but less than one (1) acre and more than one-quarter
(1/4) acre will be disturbed, an NPDES or TPDES storm water pollution prevention plan
is not required, but an erosion and sedimentation control plan is required, unless the site
is a single-lot, single-family residential construction that is not part of a larger
development that requires an NPDES or TPDES permit. The erosion sedimentation
control plan shall be submitted at the time that subdivision construction plans are
submitted, or if the construction activities do not require subdivision approval, at the time
of submission of the site development application, or if the construction activities do not
require site development application approval, at the time of submission of a building
permit application. No construction activities may begin until the erosion sedimentation
control plan is approved by the City.
(b) Development of sites less than one (1) acre and more than one-quarter (1/4) acre.
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1. An erosion and sedimentation control plan, as defined in the Construction Specifications
and Standards is required for commercial construction, industrial construction, multifamily
residential construction, and development of a residential subdivision within the City's
jurisdictional area where less than one (1) but more the one-quarter (1/4) acre will be
developed. The area of the development will be based upon the platted lot area or, if not
platted, upon the area of the tract owned by the developer, including all contiguous property
by the same person. Disturbance of a partial area of a tract is not a condition that will cause
a change of the category in development size.
2. Submission of a site-specific erosion and sedimentation control plan is required for a
single-lot, single-family residential construction, in accordance with Section X.XX.XXX
of this Code of Ordinances, as amended, and/or an NPDES or TPDES permit.
3. The erosion and sedimentation control plan shall include any measures as required to
comply with the pollution control measures section below. An erosion and sedimentation
control plan shall be submitted to the City Engineer for review before issuance of a building
permit or approval to begin development. An erosion and sedimentation control plan that
complies with this ordinance must be submitted and approved by the City before a building
permit may be issued.
4. Implementation of the pollution control measures detailed in the plan is required.
(Inspection of the status of the pollution control measures will be performed by City
personnel during normal construction inspection and at other times when construction
activities may be conducted).
5. An erosion and sedimentation control plan is not required when a portion of a previously
developed tract of land is redeveloped, unless the redevelopment will result in the
conversion of more than one-quarter (1/4) acre from a porous surface to an impervious
surface.
(c) Development of sites one-quarter (1/4) acre or less and single-lot, single-family residential
construction.
1. A site-specific erosion and sedimentation control plan is required for the development of
sites which are one-quarter (1/4) acre in size or less, including single-lot, single-family
residential construction.
2. In order to obtain a building permit, a responsible party shall provide written
acknowledgement that the responsible party is aware of the pollution control measures of
the City and that the responsible party will comply with these measures during the
development of the property.
3. For purposes of this section, the entire plat or site shown in a site plan application or
building permit application shall be considered to be the area being disturbed unless
otherwise specified within the plat, site plan, or building permit application, as
appropriate. The responsible party shall take appropriate measures to ensure no
construction activities disturb or occur on any area that is not designated as disturbed on
the plat or site plan.
4. A Certificate of Completion will not be issued until the Planning Director is satisfied that
all temporary and permanent measures specified by the plan are complete and any access
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easements or maintenance agreements required by this Ordinance have been
submitted to the City.
5. A Certificate of Occupancy will not be issued until the Director is satisfied that all
temporary and permanent measures specified by the plan are complete and any access
easements or maintenance agreements required by this Ordinance have been submitted
to the City.
6. The City shall not accept any public improvements until all temporary and permanent
measures specified by the plan are complete, unless the responsible party has
provided a maintenance bond to the City, and any access easements or maintenance
agreements required by this Ordinance have been submitted to the City.
(d) Special land use requirements.
1. Any plans submitted with an application for a site development and/or building permit for
the development of property that will be used for one of the following uses shall identify
the appropriate best management practices, published in the City of Georgetown
Construction Specifications and Standards that the responsible party will adopt to prevent
pollutants associated with the use from being discharged into the City's MS4.
a. Fueling stations
b. Vehicle/equipment washing and steam cleaning facilities
c. Facilities engaged in harmful liquid materials loading and unloading
d. Facilities engaged in storage in aboveground tanks
e. Facilities engaged in container storage of harmful liquids (such as oil, chemicals, and
hazardous wastes)
f. Facilities engaged in outdoor storage of raw materials that are subject to
leaching and transport by erosion and sedimentation, such as gravel, sand, topsoil,
compost, sawdust, wood chips, building materials, including lumber, which are
subject to leaching; and concrete and metal products, which are subject to chemical
erosion, corrosion, and leaching
(e) Pollution prevention measures
1. Any person engaging in construction activity and any operator shall design, install,
implement, and maintain effective pollution prevention measures to minimize the
discharge of pollutants. At a minimum, such measures shall be designed, installed,
implemented and maintained to:
a. Minimize the discharge of pollutants from equipment and vehicle washing,
wheel wash water, and other wash waters. Wash waters shall be treated in a
sediment basin or alternative control that provides equivalent or better treatment
prior to discharge;
b. Minimize the exposure of building materials, building products,
construction wastes, trash, landscape materials, fertilizers, pesticides,
herbicides, detergents, sanitary waste and other materials present on the site to
precipitation and to stonn water, and,
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c. Minimize the discharge of pollutants from spills and leaks and implement chemical
spill and leak prevention and response procedures.
Sec. 13.30.090 – Construction; Maintenance and Repair of Stormwater Facilities
(a) Construction of Stormwater Management System. Operators of construction activities shall
be required to comply with Chapter 11 of the Unified Development Code requiring
installation of certain Stormwater Management Systems, the City’s Construction
Specifications and Standards and Drainage Criteria Manual for the Stormwater Management
Systems, and any other applicable ordinances, regulation or code applying to construction
activities.
(b) Responsibility for Maintenance of Permanent BMP and Measures after Construction is
Complete. The Operator or permittee of the Stormwater Management System if different is
responsible for maintaining the permanent BMP after construction until such time as the
maintenance obligation is either assumed in writing by another entity having ownership or
control of the property (such as without limitation, an owner’s association, a new property
owner or lessee, a district, or municipality) or the ownership of the property is transferred to
the City, as provided in Sections c and d below. The City shall then be responsible for
maintenance until another entity assumes such obligations in writing or ownership is
transferred. If a TCEQ Edwards Aquifer Protection Plan is applicable to a specific permanent
stormwater facility, then the responsible party shall adhere to all requirements of that Plan as
specified by the TCEQ, including recording the Plan in the county land records.
(c) Commercial and Multi-Family Properties
(1) The maintenance and repair of stormwater facilities for commercial and multi-family
properties shall be the responsibility of the property owner and the person in control of the
property, if different from the property owner. The stormwater facilities shall be
maintained in good repair and working order in accordance with this Ordinance, applicable
state and federal law, and good engineering practices.
(2) At least once each year, the property owner or person in control of the property shall cause
the stormwater facility to be inspected and an inspection report provided by a person
qualified to inspect stormwater facilities. The inspection report shall be maintained on file
at the property at all times and shall be made available to the City upon request. The
property owner and/or person in control of the stormwater detention facility shall promptly
repair any deficiencies identified in the inspection report.
(3) Prior to the issuance of a Certificate of Occupancy or Certificate of Completion for a
property upon which a stormwater management facility will be located, the property owner
must execute an access easement agreement with the City in a form acceptable to the City
that binds all subsequent owners of land served by the stormwater management facility,
which allows the City or its contractor/agent access to the facility to periodically inspect if
the facility is maintained in proper working condition and meets design standards and other
provisions established by this ordinance. The easement agreement shall be recorded by the
in the County land records.
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(4) In the event that a stormwater facility will be shared by two properties, in addition to the
other requirements of this Section 13.30.090(B), the property owners sharing the
stormwater facility shall execute such agreements, covenants, and easements reasonably
required by the City to address joint use of and access to the stormwater facilities.
(d) Single Family and Two-Family Residential. All stormwater management facilities in areas
designated as single or two-family residential that are accepted by the City for maintenance
and operation will be maintained by the City, except as provided in this section, the plat notes
and/or restrictive covenants for the subdivision, or an agreement between the City and the
developer of the subdivision or the HOA as appropriate. The City’s maintenance and repair
obligations shall include: removal of silt, litter, and other debris from all catch basins, inlets,
and drainage pipes. The City will also maintain the functionality of water quality
improvements contained in open channels, detention, and water quality areas. The property
owner or person in control of the property upon which the stormwater facilities are
located cutting grass, removal of litter and debris, vegetation removal, and maintenance or
replacement of landscape vegetation within open channels, detention and water quality areas.
Maintenance needs that are the obligation of the property owner or person in control of the
property must be addressed in a timely manner as determined by the City. Stormwater
management facilities shall be located in drainage easements in a form acceptable to the City,
and shall be subject to such other agreements and requirements to ensure compliance with this
Section. The property owner or person in control of the property shall promptly notify the
City of any conditions that require maintenance or repair that are the obligation of the City.
(e) Failure to Maintain Practices. If the stormwater management facility becomes a danger to
public safety or public health, the City of Georgetown shall notify the party responsible for
maintenance of the stormwater management facility in writing. Upon receipt of that notice,
the responsible person shall have 7-14 days to meet maintenance and repair requirements. If
the owner of the facility fails to comply with the requirements of the maintenance covenant,
the City of Georgetown, after reasonable notice, may perform all necessary work to bring the
facility into compliance and charge the owner for the cost of the work in accordance with
Section 13.30.190.
Sec. 13.30.100 - Compliance monitoring.
(a) Right of entry; inspection and sampling. City staff, or appointed representative shall have the
right to enter any facility or site, including industrial and construction facilities or sites, which
are discharging to the MS4 or any conveyances to determine if the discharger is complying
with all requirements of this chapter pursuant to this Section and state law including Section
26.173(a) of the Texas Water Code. Dischargers shall allow city staff, or appointed
representative immediate access to all parts of the premises for the purposes of inspection,
sampling, records examination, and copying, and for the performance of any additional
inspections or duties. Dischargers shall make available to city staff, or appointed
representative, upon request, any SWPPPs (storm water pollution prevention plans),
modifications thereto, self-inspection reports, monitoring records, compliance evaluations,
notices of intent, and any other records, reports, and other documents related to compliance
with this chapter and with any state or federal discharge permit.
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(1) Where a discharger has security measures in force which require proper identification and
clearance before entry onto its premises, the discharger shall make necessary
arrangements with its security guards so that, upon presentation of suitable identification,
city staff, or appointed representative will be permitted to enter without delay for the
purposes of performing the city's responsibilities.
(2) City staff, or appointed representative shall have the right to set up on the discharger's
property, or require installation on the discharger's property, of such devices as city staff
deem necessary to conduct sampling and/or metering of the discharger's operations.
(3) City staff, or appointed representative may require any discharger to the MS4 or any
conveyances to conduct specified sampling, testing, analysis, and other monitoring of its
storm-water discharges at the discharger's expense, and may specify the frequency and
parameters of any such required monitoring.
(4) City staff, or appointed representative may require the discharger to install monitoring
equipment as necessary at the discharger's expense. The facility's sampling and
monitoring equipment shall be maintained at all times in a safe and proper operating
condition by the discharger at its own expense. All devices used to measure storm water
flow and quality shall be calibrated to ensure accuracy.
(5) Any temporary or permanent obstruction to safe and easy access to the facility to be
inspected and/or sampled shall be promptly removed by the discharger at the written or
verbal request of city staff and shall not be replaced. The costs of clearing such access
shall be borne by the discharger.
(6) Unreasonable delays in allowing city staff access to the discharger's premises shall be
deemed a violation of this chapter.
(b) Search warrant. If city staff, or appointed representative f has been refused access to any part
of the premises from which storm-water is discharged, and the city is able to demonstrate
probable cause to believe that there may be a violation of this chapter, or that there is a need
to inspect and/or sample as part of a routine inspection and sampling program of the city
designed to verify compliance with this chapter or any order issued hereunder, or to protect
the overall public health, safety, and welfare of the community, then the city may seek
issuance of a search warrant from any court of competent jurisdiction.
Sec. 13.30.110 - Requirement for notification of spills.
(a) Discovery, containment and cleanup procedure. Notwithstanding other requirements of law,
as soon as any discharger or operator of a facility or operation, or person responsible for
emergency response for a facility or operation, has information of any known or suspected
release of materials which are resulting or may result in an illicit discharge, such person shall
take all necessary steps to ensure the discovery, containment and cleanup of such discharge.
(1) Hazardous materials spill. In the event of discharge of hazardous materials, the discharger
shall immediately notify emergency response agencies. Once the immediate threat has
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been properly contained, the discharger shall notify the City’s Utility Customer Care
Center.
(2) Nonhazardous materials spill. In the event of a release of nonhazardous materials, the
discharger shall notify the City’s Utility Customer Care Center, in person or by telephone
no later than the next day. Notifications in person or by telephone shall be confirmed by
written notice addressed and mailed to the General Manager within three business days
of the telephone notice.
(b) Record of discharge from commercial or industrial establishment. If the discharge of
prohibited materials emanates from a commercial or industrial establishment, the owner or
operator of such establishment shall also retain on site a written record of the discharge and
the actions taken to prevent its recurrence. Such records shall be retained for a minimum of
three years.
Sec. 13.30.120 - Enforcement options.
(a) When the General Manager determines that a violation of this chapter has occurred or is
occurring, the following remedies are available to such General Manager or their designee.
The remedies provided for in this section or elsewhere in this chapter are not exclusive. The
General Manager or their designee may take any, all or any combination of these actions
against a violator, consecutively or concurrently:
(1) Issuance of a warning notice;
(2) Issuance of one or more applications for complaints;
(3) Issuance of a notice of violation;
(4) Execution of a consent order;
(5) Issuance of a compliance order;
(6) A show cause hearing;
(7) A stop work order;
(8) Nuisance abatement, if applicable;
(9) Permit suspension or revocation proceedings, if applicable;
(10) Suspension of utility service or MS4 access as provided in 13.30.190;
(11) Request the city attorney to institute suit for civil remedies as provided by this chapter,
or state or federal law; or
(12) Any other remedy provided in this chapter.
Sec. 13.30.130 - Application for Complaint
The General Manager is authorized to issue an application for complaint for violations of this
Chapter. The General Manager is also authorized to issue an application for complaint for
violations of state environmental laws which are punishable only by a fine not to exceed the
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jurisdictional limits of the Georgetown municipal court, unless such authority is denied under state
law.
Sec. 13.30.140 - Notice of Violation
(a) When the General Manager finds that any person has violated, or continues to violate, this
chapter or any permit or order issued hereunder, the General Manager may issue to such
person a written notice of violation.
(b) No later than the tenth day after receipt of the notice, the violator shall submit to the issuing
General Manager or their designee an explanation of the violation and a plan for the
satisfactory correction and prevention of a reoccurrence of the violation. Such plan shall
include specific actions to be taken by the violator.
(c) If the violator denies that any violation occurred, or contends that no corrective action is
necessary, he or she shall submit to the General Manager no later than the tenth day after
receipt of the notice, a written explanation of the basis of any such denial or contention.
(d) Submission of an explanation and/or plan in no way relieves a violator of liability for any
violations occurring before or after receipt of the notice of violation.
(e) Issuance of a notice of violation shall not be a bar against, nor a prerequisite for, taking any
other action against a violator.
Sec. 13.30.150 - Consent Order
(a) The General Manager may enter into a consent order, assurance of voluntary compliance, or
similar agreement with any person responsible for noncompliance with any provision of this
chapter or any permit or order issued hereunder.
(b) Such agreement may include specific action to be taken by the violator to correct the
noncompliance within a time period specified by the agreement.
(c) Such agreements have the same force and effect of compliance orders and remediation,
abatement and restoration orders, and shall be judicially enforceable.
Sec. 13.30.160 - Compliance Order
(a) When the General Manager finds that any person has violated, or continues to violate, any
provision of this chapter, or any permit or order issued hereunder, such General Manager or
their designee may issue a compliance order to the violator, directing the violator to come into
compliance within a specified time limit.
(b) Compliance orders may contain other requirements to address noncompliance, including
additional management practices and self-monitoring to minimize the amount of pollutants
discharged.
(c) A compliance order may not extend the deadline for compliance established by a state or
federal standard or requirement.
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(d) A compliance order shall not relieve a violator of liability for any violation, including any
continuing violation.
(e) A person receiving a compliance order may file a written notice of appeal with the General
Manager, no later than the tenth day after receipt of the order. Such notice of appeal shall
include an explanation as to why the person believes the enforcement action sh ould not be
taken.
(f) Issuance of a compliance order shall not be a bar against, nor a prerequisite for, taking any
other action against a violator.
Sec. 13.30.170 - Show Cause Hearing
(a) The General Manager may order any person who has violated or who continues to violate any
provision of this chapter or any permit or order issued hereunder, to appear and show cause
why a proposed enforcement action should not be taken.
(b) A hearing shall not be a bar against, or a prerequisite for, taking any ot her action against the
violator.
Sec. 13.30.180 - Stop Work Order
(a) Whenever the General Manager finds that any operator of a construction site has violated, or
continues to violate, any provision of this chapter, or any permit or order issued thereun der,
such General Manager or their designee may order that a stop work order be issued to the
operator, posted at the construction site, and distributed to all city departments and divisions
whose decisions affect any activity at the site.
(b) Unless express written exception is made by such General Manager or their designee, the stop
work order shall prohibit any further construction activity at the site and shall bar any further
inspection or approval by the city associated with a building permit, grading permit,
subdivision plat approval, site development plan approval, or any other city approval
necessary to commence or continue construction or to assume occupancy at the site.
(c) A person receiving an order under this section may file a written noti ce of appeal with the
General Manager who issued it, no later than the tenth day after receipt of the order. Such
notice shall include an explanation as to why the person believes the enforcement action
should not be taken.
(d) Issuance of a stop work order shall not be a bar against, or a prerequisite for, taking any other
action against the violator.
Sec. 13.30.190 - Nuisance Abatement
(a) Unless specifically stated otherwise, any nuisance as defined within this chapter is hereby
declared a nuisance if it exists within the corporate limits of the city or within 5,000 feet of
such limits.
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(b) The General Manager may give notice to cease, abate, remove or otherwise remedy a nuisance
immediately to:
(1) The owner of property upon which a nuisance is located or from which a nuisance
originated or is emanating. If the person creating, allowing or maintaining the nuisance
is not the owner of the property, notice shall also be given to such person; and
(2) Any person creating, allowing or maintaining a nuisance.
(c) The notice must be given:
(1) Personally to the owner/person in writing; or
(2) By letter addressed to the owner/person at the owner’s/person’s post office address and
sent certified mail, return receipt requested. However, if personal or certified mail service
cannot be obtained or the owner’s/person’s post office address is unknown, notice may
be given:
a. By publication in the official newspaper of the city at least twice within ten
consecutive days;
b. By posting the notice on or near the front door of each building on the property to
which the nuisance relates; or
c. By posting the notice on a placard attached to a stake driven into the ground on the
property to which the nuisance relates, if the property contains no buildings.
(d) The notice may order the owner/person to undertake and implement any appropriate action:
(1) To remediate and/or abate any adverse effects of the nuisance upon the MS4, the waters
of the state, the waters of the United States or any other aspect of the environment; and/or
(2) To restore any part of the MS4, the waters of the state, the waters of the United States,
or any other aspect of the environment that has been harmed.
(e) Such remedial, abatement and restoration action may include, but not be limited to:
(1) Monitoring, assessment and evaluation of the adverse effects and determination of the
appropriate remedial, abatement and/or restoration action;
(2) Confinement, removal, cleanup, treatment and disposal of any discharged or r eleased
pollution or contamination;
(3) Prevention, minimization and/or mitigation of any damage to the public health, welfare
or the environment that may result from the nuisance; and
(4) Restoration or replacement of city property or natural resources damaged by the nuisance.
(f) The notice may direct that the remediation, abatement and/or restoration be accomplished on
a specified compliance schedule and/or be completed within a specified period of time. An
order issued under this section does not relieve the violator of liability for any violation,
including any continuing violation.
(g) If the owner/person does not comply with the notice within ten days of service, the General
Manager may enter any public or private property containing the nuisance and do any work
necessary to abate the nuisance, except the demolition of buildings.
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(h) If the immediate abatement of the nuisance is deemed necessary by The General Manager to
protect the environment or the public health, safety or welfare from an imminent and
substantial endangerment, such General Manager or their designee may, without complying
with the notice provisions of this section or without waiting the ten-day period, enter the
subject property and do or cause to be done any work necessary to abate the nuisance and
remediate and restore the environment.
(i) After abating the nuisance, the General Manager may inform the owner/person in a notice sent
certified mail, return receipt requested, that if the owner/person commits another violation of
the same kind or nature that poses a danger to the environment or to the public health and
safety on or before the first anniversary date of the original notice, the city may without further
notice correct the violation at the owner’s expense and assess the expense against the owner’s
property.
(j) All costs incurred by the city to abate a nuisance and remediate and restore the environment,
including the cost of giving notice as required, shall be initially paid by the city and charged
to the owner of the property.
(k) To obtain a lien against the property, the General Manager causing the abatement shall file a
statement of expenses with the county clerk for the county in which the property is located.
The lien statement shall state the name of the owner, if known, and the legal description of
the property. The lien shall be security for the costs incurred and interest accruing at the rate
of 10% on the amount due from the date of payment by the city.
(l) The lien is inferior only to:
(1) Tax liens; and
(2) Liens for street improvements.
(m) A lien may not be filed against real estate protected by the homestead provisions of the Texas
Constitution.
Sec. 13.30.200 - Disconnection from MS4.
(a) Any discharger in violation of this chapter may have its/their MS4 connection terminated by
city staff, if such disconnection would abate or reduce an illicit discharge. The city has the
right to require the violator to disconnect from the MS4 at the violator's expense, or require
the discharger to take corrective action to eliminate the source of the illicit discharge. A
discharger commits an offense if it reinstates an MS4 connection previously terminated
pursuant to this chapter, without the prior written approval of the city.
(b) Without any prior notice, city staff may terminate a discharger's MS4 connection when such
action is necessary to stop an actual or threatened discharge which presents or may present
imminent and substantial danger to the environment, or to the health or welfare of persons, or
to the MS4 or any conveyances. If the discharger fails to comply with any order issued in such
an emergency, the city may take such steps as it deems necessary to prevent or minimize
damage to the MS4 or any conveyances, and to minimize danger to persons.
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Sec. 13.30.210 - Right to reconsideration of enforcement provision.
(a) Any discharger subject to an order under section 13.30.150 may petition the city's General
Manager to reconsider the basis for the order within seven days of the affected person's notice
of issuance of such an order.
(b) After the General Manager has reviewed relevant documents and evidence, he shall:
(1) Grant the petition;
(2) Deny the petition; or
(3) Grant the petition in part and deny it in part.
The General Manager may modify the order as is appropriate based upon all the documents
and evidence. Further orders and directives as are necessary and appropriate may be issued. The
decision of the General Manager shall be final and shall be non-appealable.
Sec. 13.30.220 - Violation deemed public nuisance.
Any condition caused or permitted to exist in violation of any of the provisions of this chapter
is a threat to public health, safety, and welfare, and is therefore declared and deemed a public
nuisance, and may be summarily abated or restored at the violator's expense, and/or a civil action
to abate, enjoin, or otherwise compel the cessation of such nuisance may be taken by the city.
Sec. 13.30.230 - Criminal penalties.
(a) A discharger that violates any provision of this chapter, or any order issued hereunder,
commits an offense punishable by a fine not to exceed $500.00 per violation, per day, or any
greater fine authorized by state statute. Proof of a culpable mental state is not required for
conviction of an offense under this subsection.
(b) A discharger that violates any provision of this chapter, or any order issued hereunder,
intentionally, knowingly, recklessly, or with criminal negligence commits an offense
punishable by a fine not to exceed $2,000.00 per violation, per day, or any greater fine
authorized by state statute.
(c) Any discharger who has knowingly made any false statement, representation, or certification
in any application, record, report, plan, or other documentation filed, or required to be
maintained, pursuant to this chapter, or any order issued hereunder, or who has falsified,
tampered with, or knowingly rendered inaccurate any monitoring device or method required
under this chapter shall be guilty of a misdemeanor and, upon conviction, be subject to a fine
of not more than $2,000.00 per violation, per day, or any greater fine authorized by state
statute.
(d) In determining the amount of any fine imposed hereunder, the court shall take into account all
relevant circumstances, including but not limited to the extent of harm caused by the violation,
the magnitude and duration of the violation, any economic benefit gained through the
violation, corrective actions by the violator, the compliance history of the violator, the
knowledge, intent, negligence, or other state of mind of the violator, and any other factor as
justice requires.
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(e) The remedies provided for in this chapter are not exclusive of any other remedies that the city
may have under state or federal law or other city ordinances. The city may take any, all, or
any combination of these actions against a violator. The city is empowered to take more than
one enforcement action against any violator, and these actions may be taken concurrently.
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City of Georgetown, Texas
City Council Agenda
November 10, 2015
SUBJECT:
Sec. 551.071: Consultation with Attorney
- Advice from attorney about pending or contemplated litigation and other matters on which the attorney has
a duty to advise the City Council, including agenda items
- Litigation Update - Stephanie Hoskins Brown v. The City of Georgetown
- Public Safety Operations and Training Facility - Project Report
Sec. 551.074: Personnel Matters
- City Manager, City Attorney, City Secretary and Municipal Judge: Consideration of the appointment,
employment, evaluation, reassignment, duties, discipline, or dismissal
Sec. 551.087: Deliberation Regarding Economic Development Negotiations
- Project Voyager
ITEM SUMMARY:
FINANCIAL IMPACT:
NA
SUBMITTED BY:
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