City of Waco - Public Notices

The City of Waco regularly posts public information and legal notices to keep the community informed. For more information contact the City Secretary at 750-5750 or come by the office on the 1st floor of City Hall, 300 Austin Avenue.

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NOTICE OF PUBLIC HEARING REGARDING HOUSING AND COMMUNITY DEVELOPMENT NEEDS FOR THE CITY OF WACO

The City of Waco’s Housing and Community Development Citizen Participation Plan requires that the City  conduct a public hearing to obtain the views of citizens on housing and community development needs, including priority non-housing community development needs, within the City of Waco prior to drafting the 2012/2013 Consolidated Annual Action Plan for the U. S. Department of Housing and Urban Development (HUD) Community Development Block Grant (CDBG), and the HOME Investment Partnership Program (HOME) funds.  
                                                                                        
Projected funding amounts for the program year 2012 funds that will be available October 1, 2012 through September 30, 2013 and types of activities that can be funded are as follows:

• Community Development Block Grant Program (CDBG): $1,359,690
• City Administration: Administrative cost and carrying charges to the planning and execution of community development activities assisted in whole or in part with CDBG funds.
• Public Services: Includes but not limited to job training and employment services, health care and substance abuse services, child care, crime prevention; fair housing counseling; energy conservation, welfare services (excluding income payments), recreational activities, and the operation or maintenance of a facility in which a public service activity is located.
• Other: Includes acquisition of real property for any public purpose, disposition of real property that is acquired with CDBG funds or through the urban renewal program, or the retention of such property for public purpose, public facilities and improvements, clearance activities, relocation assistance, homeownership assistance, construction of housing if carried out by a community based development organization, rehabilitation of residential buildings, low income public housing, and publicly or privately owned commercial or industrial buildings, code enforcement, historic preservation, renovation of closed buildings for use as an eligible public facility or housing, and economic development activities.                                     

• HOME Investment Partnership Act (HOME): $568,345
• City Administration: Administrative and planning costs of the HOME program
• Community Housing Development Organization (CHDO): Funds must be set aside for investment in housing that is to be developed, sponsored, or owned by a CHDO.
• Other: Homeowner rehabilitation, homebuyer activities (acquisition, rehabilitation, and construction), rental housing (acquisition, construction, rehabilitation), and tenant based rental assistance.

A Public Hearing will be held on February 7, 2012 at 6:00 p.m. in the Waco Convention Center, Bosque Theatre 100 Washington Avenue, Waco, Texas 76701. Questions or Comments may be addressed to:

Housing and Community Development Services
City of Waco
P. O. Box 2570
Waco, Texas 76702-2570                                                    

Patricia W. Ervin
City Secretary

NOTE: Persons with disabilities who plan to attend this meeting and who need auxiliary aids or services should contact Patricia Ervin, City Secretary, at (254) 750-5750 at least twenty-four (24) hours before this meeting so that appropriate arrangements can be made.

It is the opinion of the City Attorney’s office that this meeting is being held and conducted in accordance with Chapter 551 of the Texas government Code.
________________________________
John T. Patterson, Acting City Attorney

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NOTICE OF APPLICATION PERIOD HOUSING AND COMMUNITY DEVELOPMENT SERVICES COMMUNITY DEVELOPMENT BLOCK GRANT (CDBG) AND HOME INVESTMENT PARTNERSHIP PROGRAM (HOME) FUNDS

TThe City of Waco’s Housing and Community Development Citizen Participation Plan in compliance with the U. S. Department of Housing and Urban Development (HUD) regulations publishes this notice to allow qualified organizations a sufficient period of time to submit applications for the use of Community Development Block Grant (CDBG), and HOME Investment Partnership Program (HOME) funds.

Estimated funding amounts for the program year 2012 funds that will be available October 1, 2012 through September 30, 2013 and types of activities that can be funded are as follows:

• Community Development Block Grant Program (CDBG): $1,359,690

• The CDBG regulations allow the use of grant funds for a wide range of public service activities, including, but not limited to: employment services (e.g., job training); crime prevention and public safety; child care; health services; substance abuse services (e.g., counseling and treatment); fair housing counseling; education programs; energy conservation; services for senior citizens; services for homeless persons; welfare services  (excluding income payments); down payment assistance; and recreational services.  

• Other: Includes acquisition of real property for any public purpose, disposition of real property that is acquired with CDBG funds or through the urban renewal program, or the retention of such property for public purpose, public facilities and improvements, clearance activities, relocation assistance, homeownership assistance, construction of housing if carried out by a community based development organization, rehabilitation of residential buildings, low income public housing, and publicly or privately owned commercial or industrial buildings, code enforcement, historic preservation, renovation of closed buildings for use as an eligible public facility or housing, and economic development activities.

• HOME Investment Partnership Act (HOME): $ 568,345

• Community Housing Development Organization (CHDO): Funds must be set aside for investment in housing that is to be developed, sponsored, or owned by a CHDO.
• Other: Homeowner rehabilitation, homebuyer activities (acquisition, rehabilitation, and construction), rental housing (acquisition, construction, rehabilitation), and tenant based rental assistance.

Applications will be accepted from January 3, 2012 through February 2, 2012 for the above funds.  Application packets may be obtained by contacting:

Housing and Community Development Services
City of Waco
City Hall, Ground Floor
300 Austin Avenue                               
Waco, Texas 76701      

(254) 750-5656             

Applications must be received by Wednesday, February 2, 2012 by 5:00 p.m. to be considered.  Applications may be mailed or dropped off at the following address:

Housing and Community Development Services
City of Waco
City Hall, Ground Floor
300 Austin Avenue                               
Waco, Texas 76701                  

                                                           
Patricia W. Ervin
City Secretary

Leah Hayes, City Attorney

NOTICE OF AVAILABILITY FOR REVIEW AND PUBLIC HEARING OF CONSOLIDATED ANNUAL PERFORMANCE AND EVALUATION REPORT (C.A.P.E.R.) FY 2010-2011

The Department of Housing and Urban Development Consolidated Plan regulations require the City to make annual performance reports for federal grants available to citizens for a sufficient period of time (15 days) to permit citizens to comment on the reports before they are submitted to HUD.
The 2010-2011 C.A.P.E.R. will accomplish the following:

• Provide a description of how the City carried out its activities and housing plan during its last program year that was funded with Community Development Block Grant, and HOME Investment Partnership Program Funds;
• Evaluate projects designed for the rehabilitation or conversion of buildings for use as emergency shelter for the homeless, for the payment of certain operating and social service expenses in connection with emergency shelter for the homeless, and for homeless prevention activities;
• Evaluate projects designed to expand the supply of decent, affordable housing for low and very low income families; strategies for building the local capacity to carry out affordable housing programs and strategies for providing coordinated assistance to participants in the development of affordable low income housing; and
• Evaluate federal, state and local, and private resources directed toward housing for low and very low income households and how these resources were used to meet housing needs and recommendations as included in
• Comprehensive Housing Affordability Strategy portion of the Consolidated Plan.
Draft copies of the annual performance and evaluation report will be made available to the public from November 18 through December 2, 2011 at the following locations:

City Secretary Office, City Hall-Main Floor, 300 Austin Ave.
Housing and Community Development Services, City Hall-Ground Floor, 300 Austin Ave.
Waco-McLennan County Library locations:
Main Library, 1603 Washington Ave.
West Waco Library & Genealogy Center, 5301 Bosque Blvd., Suite 275
East Waco Library, 901 Elm Ave.
South Waco Library, 2737 S. 18th St.

A Public Hearing will be held on December 6, 2011 at 6:00 p.m. in the Waco Convention Center, Bosque Theatre, 100 Washington Avenue, Waco, Texas 76701.
Written comments on the report may be submitted to Community Development Services at the address listed below no later than 5:00 p.m., December 2, 2011. Reports and copies of the documents may also be obtained by contacting:

Housing and Community Development Services
City of Waco
P.O. Box 2570
Waco, Texas 76702-2570

Patricia W. Ervin
City Secretary
NOTE: Persons with disabilities who plan to attend this meeting and who need auxiliary aids or services should contact Patricia Ervin, City Secretary, at (254) 750-5750 at least twenty-four (24) hours before this meeting so that appropriate arrangements can be made.

IT IS THE OPINION OF THE CITY ATTORNEY’S OFFICE THAT THIS MEETING IS BEING HELD AND CONDUCTED AND IN ACCORDANCE WITH CHAPTER 551 OF THE TEXAS GOVERNMENT CODE.
LEAH HAYES, CITY ATTORNEY

NOTICE OF INTENT TO REQUEST RELEASE OF FUNDS

October 13, 2011                                                   
City of Waco                                                                                                          
P O Box 2570                                                                         
Waco, Texas 76702-2570                                      
Phone: (254) 750-5656                                             

On or about the 25th of October, 2011 the City of Waco will submit a request to the U.S. Department of Housing and Urban Development (HUD) for the release of Community Development Block Grant (CDBG) funds under Title I of the Housing and Community Development Act of 1974 (PL 93-383), as amended, and HOME Investment Partnership Program (HOME) funds under Title II of the Cranston-Gonzales National Affordable Housing Act of 1990, as amended to undertake the five activities listed below for the purpose of providing affordable housing and improving the housing stock in the City of Waco for low-to moderate-income persons.

The activities proposed are categorically excluded under HUD regulations at 24 CFR Part 58 from National Environmental Policy Act requirements. An environmental review strategy has been prepared and as a result of this strategy it has been determined that the only applicable requirements of 24 CFR part 58.5 and 58.6 for this activity are historic preservation, floodplains, clear zones, flood insurance, manmade hazards, wetlands, noise, and environmental justice. An Environmental Review Record (ERR) that documents the environmental determinations for this project is on file at the City of Waco, Housing and Community Development Services office, City Hall, 300 Austin Avenue, Waco, Texas and may be examined at this location or copied weekdays from 9:00 A.M. to 5:00 P.M.

PUBLIC COMMENTS

Any individual, group, or agency may submit written comments on the ERR to the City of Waco, Housing and Community Development Services, 300 Austin Ave., Waco, Texas 76701.  All comments received by October 24, 2011 will be considered by the City of Waco prior to authorizing submission of a request for release of funds.

RELEASE OF FUNDS

The City of Waco certifies to HUD that Larry D. Groth in his capacity as City Manager consents to accept the jurisdiction of the Federal Courts if an action is brought to enforce responsibilities in relation to the environmental review process and that these responsibilities have been satisfied.  HUD's approval of the certification satisfies its responsibilities under NEPA and related laws and authorities, and allows the City of Waco to use Program funds.

OBJECTIONS TO RELEASE OF FUNDS

HUD will consider objections to its release of funds and the City of Waco’s certification received by November 11, 2011 for a period of fifteen days following its actual receipt of the request (whichever is later) only if they are on one of the following bases: (a) the certification was not executed by the Certifying Officer of the City of Waco; (b) the City of Waco has omitted a step or failed to make a decision or finding required by HUD regulations at 24 CFR Part 58; (c) the grant recipient or other participants in the project have committed funds or incurred costs not authorized by 24 CFR Part 58 before approval of a release of funds by HUD; or (d) another Federal agency acting pursuant to 40 CFR Part 1504 has submitted a written finding that the project is unsatisfactory from the standpoint of environmental quality.  Objections must be prepared and submitted in accordance with the required procedures (24 CFR Part 58) and shall be addressed to U.S. Department of Housing and Urban Development, Texas State Office, Office of Community Planning and Development, 801 Cherry Street, Unit #45, Ste. 2500, Fort Worth, Texas 76102. Potential objectors should contact HUD to verify the actual last day of the objection period.

Larry D. Groth, P.E.
City Manager
City of Waco
300 Austin Ave.
Waco, Texas 76702

Notice of Tax Revenue Increase

The City of Waco conducted a public hearing on August 16, 2011 and will conduct a public hearing on August 23, 2011 on a proposal to increase the total tax revenues of the City of Waco from properties on the tax roll in the preceding year by 2.05 percent.

The total tax revenue proposed to be raised last year at last year's tax rate of $0.786232 for each $100 of taxable value was $49,437,236.

The total tax revenue proposed to be raised this year at the proposed tax rate of $0.786232 for each $100 of taxable value, excluding tax revenue to be raised from new property added to the tax roll this year, is $48,524,701.

The total tax revenue proposed to be raised this year at the proposed tax rate of $0.786232 for each $100 of taxable value, including tax revenue to be raised from new property added to the tax roll this year, is $49,428,253.

The Waco City Council of City of Waco is scheduled to vote on the tax rate that will result in that tax increase at a public meeting to be held on September 6, 2011 at City of Waco Operations Center Training Room, 1415 N 4th St., Waco, TX 76701 at 6:00 PM.

2011 Property Tax Rates in the City of Waco

This notice concerns the 2011 property tax rates for City of Waco. It presents information about three tax rates.

• Last year's tax rate is the actual tax rate the taxing unit used to determine property taxes last year.
• This year's effective tax rate would impose the same total taxes as last year if you compare properties taxed in both years.
• This year's rollback tax rate is the highest tax rate the taxing unit can set before taxpayers start rollback procedures. In each case these rates are found by dividing the total amount of taxes by the tax base (the total value of taxable property) with adjustments as required by state law. The rates are given per $100 of property value.

[PROPERTY TAX RATES WITH EXPLANATION]

PUBLIC NOTICE OF PROPOSED ACTIVITY IN THE 100-YEAR FLOODPLAIN AND WETLAND

This is to give notice that the Housing and Community Development Services Department of the City of Waco has conducted an evaluation as required by Executive Orders 11988 and 11990 in accordance with HUD regulations at 24 CFR 55.20 to determine the potential impact the Department’s funding activity in the floodplain and wetlands will have on the environment.

Rehabilitation of the facility located at 1311 Clay must take place in the floodplain for the following reasons:

• The Talitha Koum Institute serves clients who reside in the surrounding neighborhood and the Non-Profit Agency owns the building. There is no other building available within the neighborhood that could accommodate the Talitha Koum Institute and continue to provide the same services.

• The roof replacement is necessary to prevent water damage to the existing building that can lead to health and safety concerns for the clients served.

There are no other feasible alternatives for the location of this facility.    

Rehabilitation to this facility, located at 1311 Clay, will have no significant impact on the environment for the following reason:

• Rehabilitation to this facility will not change the property characteristics in any way.

Even though this facility is located in a 100 year floodplain, the Department has determined that there are no practical alternatives and will proceed with the process to approve the project.

Written comments must be received on or before July 13, 2011 by the City of Waco, Housing and Community Development Services, P.O. Box 2570, Waco, Texas 76702-2570, or 300 Austin Avenue, Waco, Texas 76701 Attention: Ursula Gunn, Planner.

NOTICE IS HEREBY GIVEN TO ALL INTERESTED PERSONS THAT:

The City of Waco, Texas, hereby gives notice that it proposes to institute annexation proceedings to annex territory, designate the Comprehensive Plan land use designation for the said territory as High Quality, Very Light Industrial, designate M-2 Light Industrial District zoning for the said territory, and extend the boundary limits of said City to include the territory described and set out in the proposed annexation ordinance published herein.  Notice is hereby also given of a public hearing to be held before the City Council on Tuesday, July 19, 2011, at 6:00 p.m. in the Operations Center Training Room, 1415 N. 4th Street, Waco, Texas, concerning the annexation of the property, the designation of High Quality, Very Light Industrial as the Comprehensive Plan land use designation for the property and the designation of M-2 Light Industrial District zoning for the property, the said property being approximately 32.014 acres of land located in the Carlos O'Campo Grant, Abstract No. 32, McLennan County, Texas, and being all of a called 1.0 acre tract described in a deed to Nancy Jean Keating, recorded in MCC No. 2006008683, being all of a called 0.561 acre tract described in a deed to Nancy Keating, recorded in mcc no. 2010019518, being a portion of a called 3.765 acre tract described in a deed to Waco Industrial Foundation, recorded in Mcc No. 2011011193, and being a portion of the remainder of a called 173.240 acre tract described in a deed to Waco Industrial Foundation, recorded in volume 736, page 249, all of the Official Public Records of McLennan County, Texas,  and further located near the intersection of Bagby Avenue and Alliance Parkway, and further located within Waco’s Extraterritorial Jurisdiction, which said territory lies adjacent to and adjoins the present boundary limits of the City of Waco, Texas.

The tract of land is described in Exhibit "A" of said proposed ordinance.  On June 21, 2011, the City Council granted the Waco Industrial Foundation’s Petition for Annexation of Property and Nancy Keating’s Petition for Annexation of Property for the property fully described in Exhibit “A.” The maps attached to the ordinance as Exhibit "B" which include proposed M-2 Light Industrial District zoning are on file in the City Secretary's office for review by all interested persons during usual or normal working hours.  All persons interested in the above proposed annexation, Comprehensive Plan land use designation and zoning shall have the right to appear at the said time and place and be heard on all said matters and things. All persons interested in the things and matters herein mentioned will take notice.

Patricia W. Ervin, City Secretary

ORDINANCE NO. 2011-____

AN ORDINANCE PROVIDING FOR THE EXTENSION OF CERTAIN BOUNDARY LIMITS OF THE CITY OF WACO, TEXAS AND THE ANNEXATION AND designation of High Quality, Very Light Industrial as the Comprehensive Plan land use designation and the designation of M-2 Light Industrial District zoning OF CERTAIN TERRITORY CONSISTING OF APPROXIMATELY 32.014 ACRES OF LAND LOCATED IN THE CARLOS O'CAMPO GRANT, ABSTRACT NO. 32, McLENNAN COUNTY, TEXAS, AND BEING ALL OF A CALLED 1.0 ACRE TRACT DESCRIBED IN A DEED TO NANCY JEAN KEATING, RECORDED IN MCC NO. 2006008683, BEING ALL OF A CALLED 0.561 ACRE TRACT DESCRIBED IN A DEED TO NANCY KEATING, RECORDED IN MCC NO. 2010019518, BEING A PORTION OF A CALLED 3.765 ACRE TRACT DESCRIBED IN A DEED TO WACO INDUSTRIAL FOUNDATION, RECORDED IN MCC NO. 2011011193, AND BEING A PORTION OF THE REMAINDER OF A CALLED 173.240 ACRE TRACT DESCRIBED IN A DEED TO WACO INDUSTRIAL FOUNDATION, RECORDED IN VOLUME 736, PAGE 249, ALL OF THE OFFICIAL PUBLIC RECORDS OF McLENNAN COUNTY, TEXAS, BEING LOCATED WITHIN WACO’S EXTRATERRITORIAL JURISDICTION AND FURTHER LOCATED near the intersection of Bagby Ave. and Alliance Parkway, WHICH SAID TERRITORY LIES ADJACENT TO AND ADJOINS THE PRESENT BOUNDARY LIMITS OF THE CITY OF WACO, TEXAS; ASSIGNING THE ANNEXED TERRITORY TO CITY COUNCIL DISTRICT III; AMENDING CITY OF WACO PRECINCT 60 TO INCLUDE A PORTION OF THE ANNEXED TERRITORY, ESTABLISHING CITY OF WACO PRECINCT 61 WHICH WILL CONSIST OF A PORTION OF THE ANNEXED TERRITORY, directing that the city precinct/district map be revised to reflect those changes AND PROVIDING VOTING LOCATION AT PRECINCT  51; PROVIDING THAT SAID TERRITORY BEARS PRO RATA PART OF TAXES AND ENTITLING INHABITANTS TO ALL RIGHTS AND PRIVILEGES OF CITIZENS AND BINDING INHABITANTS TO ACTS AND LAWS OF CITY; PROVIDING A SAVINGS CLAUSE; PROVIDING FOR PUBLISHING OF ORDINANCE; PROVIDING PENALTIES THEREFOR; AND FINDING AND DETERMINING THAT THE MEETING AT WHICH THIS ORDINANCE IS PASSED IS OPEN TO THE PUBLIC AS REQUIRED BY LAW.

WHEREAS, on June 3, 2011, the Waco Industrial Foundation filed a petition for annexation of property (“the Waco Industrial Foundation Property”) requesting the annexation of certain property located within the extraterritorial jurisdiction of the City of Waco, and the property is less than one-half mile in width, is contiguous to the City of Waco, and on which fewer than three qualified voters reside;
WHEREAS, on June 6, 2011, Nancy Keating filed a petition for annexation of property (“the Keating Property”) requesting the annexation of certain property located within the extraterritorial jurisdiction of the City of Waco, and the property is less than one-half mile in width, is contiguous to the City of Waco, and on which fewer than three qualified voters reside;
Whereas, the Waco Industrial Foundation Property and the Keating Property collectively consist of 32.014 acres of land as described in the attached Exhibit “A”; and
WHEREAS, the Texas Local Government Code Section 43.028 allows the annexation of a sparsely occupied area on petition of the area landowners;
WHEREAS, on June 21, 2011, the City Council granted the Waco Industrial Foundation’s Petition for Annexation of Property and Nancy Keating’s Petition for Annexation of Property for the property fully described in Exhibit “A” (“the Property”);
WHEREAS, on June 28, 2011, the City Plan Commission conducted a public hearing on the proposed annexation of the Property, the designation of High Quality, Very Light Industrial as the Comprehensive Plan land use designation for the Property and the designation of M-2 Light Industrial District zoning for the Property and following the hearing voted to recommend the proposed annexation of the Property, the designation of High Quality, Very Light Industrial as the Comprehensive Plan land use designation for the Property and the designation of M-2 Light Industrial District zoning for the Property to the City Council;
WHEREAS, a public hearing at the City Council meeting, where all interested persons were provided with an opportunity to be heard on the proposed annexation of the Property, the designation of High Quality, Very Light Industrial as the Comprehensive Plan land use designation for the Property and the designation of M-2 Light Industrial District zoning for the Property was held on 6:00 P.M. on the 19th day of July, 2011, in the Operations Center Training Room, 1415 N. 4th Street, Waco, Texas; and
WHEREAS, the total corporate area of the City of Waco, Texas, on the 1st day of January, 2011, was 105.5922 square miles; and
WHEREAS, the population of the City of Waco, Texas, is approximately 124,805; and
WHEREAS, the above described territory lies within the extraterritorial jurisdiction of the City of Waco, Texas; and
WHEREAS, the above described territory contains approximately 32.014 acres,

NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF WACO, TEXAS:

Section 1.  That all of the recitals and preambles hereinabove stated are found to be true and correct and are incorporated herein and made a part of this ordinance.
Section 2.  That the following described land and territory lying adjacent to and adjoining the City of Waco, Texas, is hereby added and annexed to the City of Waco, Texas, and said territory hereinafter described shall hereafter be included within the boundary limits of the City of Waco, Texas, and the present boundary limits of such city, at the various points contiguous to the area hereinafter described, are altered and amended so as to include said area within the corporate limits of the City of Waco, Texas, to-wit:

SEE ATTACHED EXHIBIT "A" (below)

Section 3.  That the City Council finds that the tract of land described in Exhibit “A” is best suited for annexation as shown on the attached plat; and such property is hereby annexed to the City of Waco with the designation of High Quality, Very Light Industrial as the Comprehensive Plan land use designation for such property and with the designation of M-2 Light Industrial District zoning for such property as defined in the Chapter 28 of the Code of Ordinances of the City of Waco, Texas, and in accordance with Sec. 28-249 of the Code of Ordinances of the City of Waco, Texas.  The property being annexed is generally shown on Exhibit "B", which is attached hereto and made a part hereof.
Section 4.  That the City Council determines that the tract of land described in Exhibit “A” herein shall be located in City Council District III.
Section 5.  That City of Waco Precinct 60 (which includes part of McLennan County Precinct 60) is amended to include the portion of the above described territory which is a part of McLennan County Precinct 60 and that City of Waco Precinct 61 is hereby established which consists of the portion of the above described territory which is a part of McLennan County Precinct 61 and the City of Waco Precinct/District map shall be revised to reflect those changes.  Any residents of the land described in Exhibit “A” who are qualified voters would vote at Precinct 51, Peace Lutheran Church, 9301 Panther Way, Waco, Texas, subject to any change by the City Council in polling places and as approved under the Voting Rights Act of 1965, as amended.
Section 6.  That the above described territory and the area so annexed shall be a part of the City of Waco, Texas, and the property so added hereby shall bear its pro rata part of the taxes levied by the City of Waco, Texas, and the inhabitants thereof shall be entitled to all of the rights and privileges of all the citizens and shall be bound by the acts, ordinances, resolutions, and regulations of the City of Waco, Texas.
Section 7.  Should any section or part of this ordinance be held unconstitutional, illegal, or invalid, or the application thereof ineffective or inapplicable as to any territory, such unconstitutionality, illegality, invalidity, or ineffectiveness of such sections or part shall in no wise affect, impair, or invalidate the remaining portion or portions thereof, but as to such remaining portion or portions, the same shall be and remain in full force and effect.  Should this ordinance for any reason be ineffective as to any part of the area hereby annexed to the City of Waco, such ineffectiveness of this ordinance as to any such part or parts of any such area shall not affect the effectiveness of this ordinance as to all of the remainder of the area.  If there is included within the general description of territory set out in Section 2 of this Ordinance to be annexed to the City of Waco any lands or area which are presently part of and included within the limits of the City of Waco, or which are presently part of and included within the limits of any other city or within the extraterritorial jurisdiction of any other city, or which are not within the City of Waco's jurisdiction to annex, the same is hereby excluded and excepted from the territory to be annexed as fully as if such excluded and excepted area were expressly described herein.
Section 8.  That this ordinance has been published and passed in the manner provided in Article I, Section 6, of the Charter of the City of Waco, Texas.
Section 9.  That a violation of this ordinance shall be a misdemeanor and the penalty for violating this ordinance shall be as provided for in Sec. 1-14 of the Code of Ordinances of the City of Waco, which shall be a maximum fine of $2,000.00, and each day a violation exists shall be a separate offense. Section 10.  That it is hereby officially found and determined that the meeting at which this ordinance is passed is open to the public as required by law and that public notice of the time, place and purpose of said meeting was given as required.

Exhibit “A”

BEGINNING AT A 5/8” DIAMETER REBAR FOUND ALONG THE WEST RIGHT-OF-WAY (R.O.W.) LINE OF FARM TO MARKET HIGHWAY NO. 3476/BAGBY AVENUE (FORMERLY KNOWN AS OLD TEMPLE ROAD) (R.O.W. WIDTH VARIES) FOR THE SOUTHEAST CORNER OF LOT 1, BLOCK 1, SUSKIZ FARMS ADDITION, RECORDED IN MCC NO. 2007007748 OF SAID O.P.R.M.C.T., BEING THE NORTHEAST CORNER OF SAID 1.0 ACRE TRACT, AND THE MOST EASTERLY NORTH CORNER OF THE HEREIN DESCRIBED TRACT, FROM WHICH A DEPARTMENT OF TRANSPORTATION BRASS CAP MONUMENT FOUND FOR AN ANGLE POINT OF SAID FARM TO MARKET HIGHWAY NO. 3476 BEARS N 11º50’33” E – 383.29 FEET;

THENCE S 11º50’33” W ALONG THE COMMON WEST R.O.W. LINE OF SAID FARM TO MARKET HIGHWAY NO. 3476, PARTWAY ALONG THE EAST LINE OF SAID 1.0 ACRE TRACT, PARTWAY ALONG THE EAST LINE OF SAID 0.561 ACRE TRACT AND PARTWAY ALONG THE EAST LINE OF A PORTION OF SAID 3.765 ACRE TRACT, A DISTANCE OF 457.19 FEET TO A POINT FOR THE SOUTHEAST CORNER OF THE HEREIN DESCRIBED TRACT, FROM WHICH A 5/8” DIAMETER REBAR FOUND ALONG THE WEST R.O.W. LINE OF SAID FARM TO MARKET HIGHWAY NO. 3476 BEARS S 11º50’33” W – 523.88 FEET;

THENCE N 79º43’21” W THROUGH THE INTERIOR OF SAID 3.765 ACRE TRACT, A DISTANCE OF 296.85 FEET TO A POINT ALONG AN EAST LINE OF THE REMAINDER OF SAID 173.240 ACRE TRACT, ALSO BEING ALONG THE WEST LINE OF SAID 3.765 ACRE TRACT, AT THE BEGINNING OF A CURVE TO THE RIGHT;

THENCE THROUGH THE INTERIOR OF THE REMAINDER OF SAID 173.240 ACRE TRACT, THE FOLLOWING EIGHT (8) COURSES:

1. ALONG SAID CURVE TO THE RIGHT, AN ARC LENGTH OF 748.80 FEET, HAVING A RADIUS OF 967.50 FEET AND A CHORD BEARING AND DISTANCE OF N 57º33’02” W – 730.25 FEET TO A POINT AT THE BEGINNING OF A CURVE TO THE LEFT,
2. ALONG SAID CURVE TO THE LEFT, AN ARC LENGTH OF 751.46 FEET, HAVING A RADIUS OF 1032.50 FEET AND A CHORD BEARING AND DISTANCE OF N 56º13’43” W – 734.98 FEET TO A POINT AT THE END OF SAID CURVE,
3. N 77º04’43” W – 274.20 FEET TO A POINT AT THE BEGINNING OF A CURVE TO THE RIGHT,
4. ALONG SAID CURVE TO THE RIGHT, AN ARC LENGTH OF 143.34 FEET, HAVING A RADIUS OF 700.00 FEET AND A CHORD BEARING AND DISTANCE OF N 71º12’44” W – 143.09 FEET TO A POINT FOR THE SOUTHWEST CORNER OF THE HEREIN DESCRIBED TRACT,
5. N 12º55’17” E – 671.34 FEET TO A POINT FOR THE NORTHWEST CORNER OF THE HEREIN DESCRIBED TRACT,
6. S 68º39’45” E – 963.76 FEET TO A POINT FOR ANGLE,
7. S 54º44’14” E – 507.55 FEET TO A POINT FOR ANGLE,
8. S 62º25’57” E – 361.69 FEET TO A ½” DIAMETER REBAR WITH PLASTIC CAP STAMPED “WALLACE GROUP” FOUND FOR THE NORTHWEST CORNER OF SAID LOT 1, BEING AN ANGLE POINT OF THE REMAINDER OF SAID 173.240 ACRE TRACT AND THE NORTHEAST CORNER OF THE HEREIN DESCRIBED TRACT;

THENCE S 11º38’31” W ALONG THE COMMON WEST LINE OF SAID LOT 1 AND AN EAST LINE OF THE REMAINDER OF SAID 173.240 ACRE TRACT, A DISTANCE OF 300.55 FEET TO A 5/8” DIAMETER REBAR FOUND FOR THE SOUTHWEST CORNER OF SAID LOT 1, BEING THE NORTHWEST CORNER OF SAID 1.0 ACRE TRACT AND AN INTERIOR ELL CORNER OF THE HEREIN DESCRIBED TRACT;

THENCE S 78º02’45” E ALONG THE COMMON SOUTH LINE OF SAID LOT 1 AND THE NORTH LINE OF SAID 1.0 ACRE TRACT, A DISTANCE OF 300.13 FEET TO THE POINT OF BEGINNING.            

THE BEARINGS SHOWN HEREON ARE GRID BEARINGS AND ARE BASED ON GPS OBSERVATIONS, AND THE TEXAS STATE PLANE COORDINATE SYSTEM, NORTH CENTRAL ZONE, NORTH AMERICAN DATUM OF 1983.  AN AVERAGE COMBINED SCALE FACTOR OF 0.99989001035 WAS UTILIZED FOR THIS PROJECT OR LOCAL AREA.  ALL DISTANCES AND AREAS SHOWN ARE BASED ON “SURFACE COORDINATES”.  TO OBTAIN GRID COORDIANTES, AS WELL AS GRID DISTANCES, MULTIPLY BY THE ABOVE REFERENCED AVERAGE COMBINED SCALE FACTOR.

SURVEYED: APRIL 12, 2011
LONNY GILLESPIE, R.P.L.S. NO. 5261

WO# 22262W
PLAT B-2346
22262W-FN-09.DOC
MAP CHK’D BY SRJ

Exhibit B - Part One of Two

Exhibit B - Part Two of Two

NOTICE IS HEREBY GIVEN TO ALL INTERESTED PERSONS THAT:

The City of Waco, Texas, hereby gives notice that it proposes to institute annexation proceedings to annex territory, designate the Comprehensive Plan land use designation for the said territory as High Quality, Very Light Industrial, designate M-2 Light Industrial District zoning for the said territory, and extend the boundary limits of said City to include the territory described and set out in the proposed annexation ordinance published herein.  Notice is hereby also given of a public hearing to be held before the City Council on Tuesday, July 19, 2011, at 6:00 p.m. in the Operations Center Training Room, 1415 N. 4th Street, Waco, Texas, concerning the annexation of the property, the designation of High Quality, Very Light Industrial as the Comprehensive Plan land use designation for the property and the designation of M-2 Light Industrial District zoning for the property, the said property being approximately 2.080 acres of land located in the Carlos O'Campo Grant, Abstract No. 32, McLennan County, Texas, and being all of Lot 1, Block 1, Suskiz Farms Addition, recorded in mcc no. 2007007748 of the Official Public Records of McLennan County, Texas, and further located near the intersection of Bagby Avenue and Alliance Parkway, and further located within Waco’s Extraterritorial Jurisdiction, which said territory lies adjacent to and adjoins the present boundary limits of the City of Waco, Texas.

The tract of land is described in Exhibit "A" of said proposed ordinance.  On June 21, 2011, the City Council granted Nancy Keating’s Petition for Annexation of Property for the property fully described in Exhibit “A.” The maps attached to the ordinance as Exhibit "B" which include proposed M-2 Light Industrial District zoning are on file in the City Secretary's office for review by all interested persons during usual or normal working hours.  All persons interested in the above proposed annexation, Comprehensive Plan land use designation and zoning shall have the right to appear at the said time and place and be heard on all said matters and things. All persons interested in the things and matters herein mentioned will take notice.

________________________________________                                                                            Patricia W. Ervin, City Secretary

ORDINANCE NO. 2011-____

AN ORDINANCE PROVIDING FOR THE EXTENSION OF CERTAIN BOUNDARY LIMITS OF THE CITY OF WACO, TEXAS AND THE ANNEXATION AND designation of High Quality, Very Light Industrial as the Comprehensive Plan land use designation and the designation of M-2 Light Industrial District zoning OF CERTAIN TERRITORY CONSISTING OF APPROXIMATELY 2.080 ACRES OF LAND LOCATED IN THE CARLOS O’CAMPO GRANT, ABSTRACT NO. 32, McLENNAN COUNTY, TEXAS, AND BEING ALL OF LOT 1, BLOCK 1, SUSKIZ FARMS ADDITION, RECORDED IN MCC NO. 2007007748 OF THE OFFICIAL PUBLIC RECORDS OF McLENNAN COUNTY, TEXAS, BEING LOCATED WITHIN WACO’S EXTRATERRITORIAL JURISDICTION AND FURTHER LOCATED near the intersection of Bagby Ave. and Alliance Parkway, WHICH SAID TERRITORY LIES ADJACENT TO AND ADJOINS THE PRESENT BOUNDARY LIMITS OF THE CITY OF WACO, TEXAS; ASSIGNING THE ANNEXED TERRITORY TO CITY COUNCIL DISTRICT III; AMENDING CITY OF WACO PRECINCT 60 TO INCLUDE A PORTION OF THE ANNEXED TERRITORY, ESTABLISHING CITY OF WACO PRECINCT 61 WHICH WILL CONSIST OF A PORTION OF THE ANNEXED TERRITORY, directing that the city precinct/district map be revised to reflect those changes AND PROVIDING VOTING LOCATION AT PRECINCT  51; PROVIDING THAT SAID TERRITORY BEARS PRO RATA PART OF TAXES AND ENTITLING INHABITANTS TO ALL RIGHTS AND PRIVILEGES OF CITIZENS AND BINDING INHABITANTS TO ACTS AND LAWS OF CITY; PROVIDING A SAVINGS CLAUSE; PROVIDING FOR PUBLISHING OF ORDINANCE; PROVIDING PENALTIES THEREFOR; AND FINDING AND DETERMINING THAT THE MEETING AT WHICH THIS ORDINANCE IS PASSED IS OPEN TO THE PUBLIC AS REQUIRED BY LAW.

WHEREAS, on June 6, 2011, Nancy Keating filed a petition for annexation of property (“the Property”) requesting the annexation of certain property located within the extraterritorial jurisdiction of the City of Waco, and the property is less than one-half mile in width, is contiguous to the City of Waco, and on which fewer than three qualified voters reside;
Whereas, the Property consists of 2.080 acres of land as described in the attached Exhibit “A”; and
WHEREAS, the Texas Local Government Code Section 43.028 allows the annexation of a sparsely occupied area on petition of the area landowners;
WHEREAS, on June 21, 2011, the City Council granted Nancy Keating’s Petition for Annexation of Property for the property fully described in Exhibit “A” (“the Property”);
WHEREAS, on June 28, 2011, the City Plan Commission conducted a public hearing on the proposed annexation of the Property, the designation of High Quality, Very Light Industrial as the Comprehensive Plan land use designation for the Property and the designation of M-2 Light Industrial District zoning for the Property and following the hearing voted to recommend the proposed annexation of the Property, the designation of High Quality, Very Light Industrial as the Comprehensive Plan land use designation for the Property and the designation of M-2 Light Industrial District zoning for the Property to the City Council;
WHEREAS, a public hearing at the City Council meeting, where all interested persons were provided with an opportunity to be heard on the proposed annexation of the Property, the designation of High Quality, Very Light Industrial as the Comprehensive Plan land use designation for the Property and the designation of M-2 Light Industrial District zoning for the Property was held on 6:00 P.M. on the 19th day of July, 2011, in the Operations Center Training Room, 1415 N. 4th Street, Waco, Texas; and
WHEREAS, the total corporate area of the City of Waco, Texas, on the 1st day of January, 2011, was 105.5922 square miles; and
WHEREAS, the population of the City of Waco, Texas, is approximately 124,805; and
WHEREAS, the above described territory lies within the extraterritorial jurisdiction of the City of Waco, Texas; and
WHEREAS, the above described territory contains approximately 2.080 acres,

NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF WACO, TEXAS:

Section 1.  That all of the recitals and preambles hereinabove stated are found to be true and correct and are incorporated herein and made a part of this ordinance.
Section 2.  That the following described land and territory lying adjacent to and adjoining the City of Waco, Texas, is hereby added and annexed to the City of Waco, Texas, and said territory hereinafter described shall hereafter be included within the boundary limits of the City of Waco, Texas, and the present boundary limits of such city, at the various points contiguous to the area hereinafter described, are altered and amended so as to include said area within the corporate limits of the City of Waco, Texas, to-wit:

SEE ATTACHED EXHIBIT "A" (below)

Section 3.  That the City Council finds that the tract of land described in Exhibit “A” is best suited for annexation as shown on the attached plat; and such property is hereby annexed to the City of Waco with the designation of High Quality, Very Light Industrial as the Comprehensive Plan land use designation for such property and with the designation of M-2 Light Industrial District zoning for such property as defined in the Chapter 28 of the Code of Ordinances of the City of Waco, Texas, and in accordance with Sec. 28-249 of the Code of Ordinances of the City of Waco, Texas.  The property being annexed is generally shown on Exhibit "B", which is attached hereto and made a part hereof.
Section 4.  That the City Council determines that the tract of land described in Exhibit “A” herein shall be located in City Council District III.
Section 5.  That City of Waco Precinct 60 (which includes part of McLennan County Precinct 60) is amended to include the portion of the above described territory which is a part of McLennan County Precinct 60 and that City of Waco Precinct 61 is hereby established which consists of the portion of the above described territory which is a part of McLennan County Precinct 61 and the City of Waco Precinct/District map shall be revised to reflect those changes.  Any residents of the land described in Exhibit “A” who are qualified voters would vote at Precinct 51, Peace Lutheran Church, 9301 Panther Way, Waco, Texas, subject to any change by the City Council in polling places and as approved under the Voting Rights Act of 1965, as amended.
Section 6.  That the above described territory and the area so annexed shall be a part of the City of Waco, Texas, and the property so added hereby shall bear its pro rata part of the taxes levied by the City of Waco, Texas, and the inhabitants thereof shall be entitled to all of the rights and privileges of all the citizens and shall be bound by the acts, ordinances, resolutions, and regulations of the City of Waco, Texas.
Section 7.  Should any section or part of this ordinance be held unconstitutional, illegal, or invalid, or the application thereof ineffective or inapplicable as to any territory, such unconstitutionality, illegality, invalidity, or ineffectiveness of such sections or part shall in no wise affect, impair, or invalidate the remaining portion or portions thereof, but as to such remaining portion or portions, the same shall be and remain in full force and effect.  Should this ordinance for any reason be ineffective as to any part of the area hereby annexed to the City of Waco, such ineffectiveness of this ordinance as to any such part or parts of any such area shall not affect the effectiveness of this ordinance as to all of the remainder of the area.  If there is included within the general description of territory set out in Section 2 of this Ordinance to be annexed to the City of Waco any lands or area which are presently part of and included within the limits of the City of Waco, or which are presently part of and included within the limits of any other city or within the extraterritorial jurisdiction of any other city, or which are not within the City of Waco's jurisdiction to annex, the same is hereby excluded and excepted from the territory to be annexed as fully as if such excluded and excepted area were expressly described herein.
Section 8.  That this ordinance has been published and passed in the manner provided in Article I, Section 6, of the Charter of the City of Waco, Texas.
Section 9.  That a violation of this ordinance shall be a misdemeanor and the penalty for violating this ordinance shall be as provided for in Sec. 1-14 of the Code of Ordinances of the City of Waco, which shall be a maximum fine of $2,000.00, and each day a violation exists shall be a separate offense. Section 10.  That it is hereby officially found and determined that the meeting at which this ordinance is passed is open to the public as required by law and that public notice of the time, place and purpose of said meeting was given as required.

EXHIBIT “A'

2.080 ACRES - LOCATED IN THE CARLOS O’CAMPO GRANT, ABSTRACT NO. 32

McLENNAN COUNTY, TEXAS

FIELD NOTES FOR A 2.080 ACRE TRACT OF LAND LOCATED IN THE CARLOS O’CAMPO GRANT, ABSTRACT NO. 32, McLENNAN COUNTY, TEXAS, AND BEING ALL OF LOT 1, BLOCK 1, SUSKIZ FARMS ADDITION, RECORDED IN MCC NO. 2007007748 OF THE OFFICIAL PUBLIC RECORDS OF McLENNAN COUNTY, TEXAS (O.P.R.M.C.T.).  SAID 2.080 ACRE TRACT BEING MORE PARTICULARLY DESCRIBED BY METES AND BOUNDS AS FOLLOWS:

BEGINNING AT A ½” DIAMETER REBAR FOUND ALONG THE WEST RIGHT-OF-WAY (R.O.W.) LINE OF FARM TO MARKET HIGHWAY NO. 3476/BAGBY AVENUE (FORMERLY KNOWN AS OLD TEMPLE ROAD) (R.O.W. WIDTH VARIES) FOR A SOUTHEAST CORNER OF THE REMAINDER OF A CALLED 173.240 ACRE TRACT DESCRIBED IN A DEED TO WACO INDUSTRIAL FOUNDATION, RECORDED IN VOLUME 736, PAGE 249 OF SAID O.P.R.M.C.T., BEING THE NORTHEAST CORNER OF SAID LOT 1, AND THE NORTHEAST CORNER OF THE HEREIN DESCRIBED TRACT, FROM WHICH A DEPARTMENT OF TRANSPORTATION BRASS CAP MONUMENT FOUND FOR AN ANGLE POINT OF SAID FARM TO MARKET HIGHWAY NO. 3476 BEARS N 11º50’33” E – 80.99 FEET;

THENCE S 11º50’33” W ALONG THE COMMON WEST R.O.W. LINE OF SAID FARM TO MARKET HIGHWAY NO. 3476 AND THE EAST LINE OF SAID LOT 1, A DISTANCE OF 302.29 FEET TO A 5/8” DIAMETER REBAR FOUND FOR THE NORTHEAST CORNER OF A CALLED 1.0 ACRE TRACT DESCRIBED IN A DEED TO NANCY JEAN KEATING, RECORDED IN MCC NO. 2006008683 OF SAID O.P.P.M.C.T., FOR THE SOUTHEAST CORNER OF SAID LOT 1 AND THE HEREIN DESCRIBED TRACT, FROM WHICH A 5/8” DIAMETER REBAR FOUND ALONG THE WEST R.O.W. LINE OF SAID FARM TO MARKET HIGHWAY NO. 3476 BEARS S 11º50’33” W – 981.07 FEET;

THENCE N 78º02’45” W ALONG THE COMMON NORTH LINE OF SAID 1.0 ACRE TRACT AND THE SOUTH LINE OF SAID LOT 1, A DISTANCE OF 300.13 FEET TO A 5/8” DIAMETER REBAR FOUND ALONG AN EAST LINE OF SAID 173.240 ACRE TRACT, FOR THE NORTHWEST CORNER OF SAID 1.0 ACRE TRACT, BEING THE SOUTHWEST CORNER OF SAID LOT 1 AND THE HEREIN DESCRIBED TRACT;

THENCE N 11º38’31” E ALONG THE COMMON LINE OF AN EAST LINE OF SAID 173.240 ACRE TRACT AND THE WEST LINE OF SAID LOT 1, A DISTANCE OF 300.55 FEET TO A ½” DIAMETER WITH PLASTIC CAP STAMPED “WALLACE GROUP” FOUND FOR AN INTERIOR ELL CORNER OF SAID 173.240 ACRE TRACT, BEING THE NORTHWEST CORNER OF SAID LOT 1 AND THE HEREIN DESCRIBED TRACT;           

THENCE S 78º22’39” E ALONG THE COMMON NORTH LINE OF SAID LOT 1 AND A SOUTH LINE OF SAID 173.240 ACRE TRACT, A DISTANCE OF 301.18 FEET TO THE POINT OF BEGINNING.            

THE BEARINGS SHOWN HEREON ARE GRID BEARINGS AND ARE BASED ON GPS OBSERVATIONS, AND THE TEXAS STATE PLANE COORDINATE SYSTEM, NORTH CENTRAL ZONE, NORTH AMERICAN DATUM OF 1983.  AN AVERAGE COMBINED SCALE FACTOR OF 0.99989001035 WAS UTILIZED FOR THIS PROJECT OR LOCAL AREA.  ALL DISTANCES AND AREAS SHOWN ARE BASED ON “SURFACE COORDINATES”.  TO OBTAIN GRID COORDIANTES, AS WELL AS GRID DISTANCES, MULTIPLY BY THE ABOVE REFERENCED AVERAGE COMBINED SCALE FACTOR.

SURVEYED: APRIL 12, 2011
LONNY GILLESPIE, R.P.L.S. NO. 5261

 WO# 22262W
PLAT E-2058
22262W-FN-08.DOC
MAP CHK’D BY SRJ

Exhibit A - Part One of Two

Exhibit A - Part Two of Two

PUBLIC REVIEW OF A PROPOSAL TO SUPPORT ACTIVITY IN THE
100-YEAR FLOODPLAIN AND WETLAND

To: All Interested Agencies, Groups, and Individuals

This is to give notice that the Housing and Community Development Services Department of the City of Waco will provide funding for the Talitha Koum Institute.

This notice is required by Section 2(a) (4) of Executive Order 11988 for Floodplain Management, and by Section 2 (b) of Executive Order 11990 for the Protection of Wetlands, and is implemented by HUD regulation found at 24 CFR 55.20(b) for the HUD action that is within and /or affects a floodplain or wetland.

The Talitha Koum Institute is located at 1311 Clay Ave. Waco, Texas 76706.  Utilizing U.S. Department of Housing and Urban Development Community Development Block Grant (CDBG) funds, the City of Waco will partially fund the roof replacement at this facility. The total number of aces of floodplain involved is 1.06.

This notice is a request for suggestions and comments from the public and was mailed to the regional office of the Federal Emergency Management Agency and the state office of Environmental Protection Agency.

Additional information may be obtained by contacting:  The City of Waco, Housing and Community Development Services Department, 300 Austin Avenue, Waco Texas 76701 or by calling 254-750-5656 during the hours of 8:00 am and 5:00 pm, Monday through Friday.

Written comments must be received by the City of Waco at the following address on or before July 5, 2011 at City of Waco, Housing and Community Development Services, P.O. Box 2570, Waco Texas 76702, Attention:  Ursula Gunn, Planner.

This notice is being posted at Waco City Hall on the _____ day of June, 2011 at ______A.M./P.M.

                                                           
Patricia W. Ervin
City Secretary

NOTICE OF PUBLIC HEARING TO RECEIVE COMMENTS ON THE 2011/2012 ANNUAL ACTION PLAN

The City of Waco’s Housing and Community Development Services Citizen Participation Plan requires that the City conduct a public hearing to receive comments on the 2011/2012 Annual Action Plan prior to submission to the U.S. Department of Housing and Urban Development. The 2011/2012 Annual Action Plan includes the City’s plan for the use of the 2011/2012 U.S. Department of Housing and Urban Development (HUD) Community Development Block Grant (CDBG) funds and HOME Investment Partnership Program (HOME) funds; and the City’s specific plans for the use of the 2011/2012 CDBG and HOME funds. The 2011/2012 Annual Action Plan was made available for the public’s review from May 6, 2011 through June 6, 2011.

Actual funding amounts for the program year 2011 funds that will be available October 1, 2011 through September 30, 2012 and types of activities that can be funded are as follows: 

• Community Development Block Grant Program (CDBG): $1,511,340
• Program Administration: Administrative cost and carrying charges to the planning and execution of community development activities assisted in whole or in part with CDBG funds.
• Public Services: Includes but not limited to job training and employment services, health care and substance abuse services, child care, crime prevention; fair housing counseling; energy conservation, welfare services (excluding income payments), recreational activities, and the operation or maintenance of a facility in which a public service activity is located.
• Other: Includes acquisition of real property for any public purpose, disposition of real property that is acquired with CDBG funds or through the urban renewal program, or the retention of such property for public purpose, public facilities and improvements, clearance activities, relocation assistance, homeownership assistance, construction of housing if carried out by a community based development organization, rehabilitation of residential buildings, low income public housing, and publicly or privately owned commercial or industrial buildings, code enforcement, historic preservation, renovation of closed buildings for use as an eligible public facility or housing, and economic development activities.
• HOME Investment Partnership Act (HOME): $921,811
• Program Administration: Administrative and planning costs of the HOME progra
• Community Housing Development Organization (CHDO): Funds must be set aside for investment in housing that is to be developed, sponsored, or owned by a CHDO.
• Other: Homeowner rehabilitation, homebuyer activities (acquisition, rehabilitation, and construction), rental housing (acquisition, construction, rehabilitation), and tenant based rental assistance.

A Public Hearing will be held on June 21, 2011 at 6:00 p.m. in the City of Waco Operations Center at 1415 North 4th Street. Questions or Comments may be addressed to:

Housing and Community Development Services
City of Waco
City Hall, Ground Floor
300 Austin Avenue
Waco, Texas 76702

Patricia W. Ervin
City Secretary

NOTE: Persons with disabilities who plan to attend this meeting and who need auxiliary aids or services should contact Patricia Ervin, City Secretary, at (254) 750-5750 at least twenty-four (24) hours before this meeting so that appropriate arrangements can be made.

It is the opinion of the City Attorney’s office that this meeting is being held and conducted in accordance with Chapter 551 of the Texas Government Code

___________________________________
Leah Hayes, City Attorney

PUBLIC REVIEW OF THE ANALYSIS OF BROWNFIELDS CLEANUP ALTERNATIVES (ABCA) FOR THE BLUE BUILDING SITE ASSESSMENT/REMEDIATION LOCATED AT 901 PEACH STREET

The City of Waco has applied for and received a cleanup grant from the U.S. EPA Region 6 for site cleanup that includes site assessment and subsurface remediation of vacant property located at 901 Peach Street. In accordance with US Environmental Protection Agency (EPA) Brownfields regulations, an Analysis of Brownfields Cleanup Alternatives (ABCA) must be prepared and made available for public review prior to the initiation of cleanup. The initial phase of cleanup involved asbestos abatement and building demolition; a previous ABCA and public notice was performed.  Further subsurface investigations and cleanup alternatives related to the subsurface soil and groundwater contamination are included in this public notice. The purpose of this ABCA is to inform the public of the environmental issues present at the site, and the proposed methods of addressing the contaminants. More specifically, this ABCA report includes information regarding:

• The general characteristics of the site and the subsurface contamination that has been documented, including identification of pesticides and herbicides, potential exposure pathways, sources of contamination, applicable or relevant and appropriate laws, regulations and standards. 
• Analysis of potential subsurface cleanup alternatives, including “No Action” as an alternative.
• A discussion of the proposed scope of cleanup activities and factors considered in evaluating and recommending the cleanup planned.
• A determination of what controls will be required to implement the cleanup.

City of Waco is accepting public comments on the ABCA through June 12, 2011. All public comments should be submitted in written form to:

David Goodman, P.E.  Engineering Administrator
City of Waco, Water Utilities Department
P.O. Box 2570
Waco, Texas 76702-2570

NOTICE OF AVAILABILITY FOR REVIEW: 2011/2012 ANNUAL
ACTION PLAN

The City of Waco’s Housing and Community Development Service’s Citizen Participation Plan requires that the City make available to the public, for at least 30 days prior to the approval by the Mayor and City Council, a draft of the Consolidated Plan and Annual Action Plan including the City’s plans for the use of the U. S. Department of Housing and Urban Development (HUD) Community Development Block Grant (CDBG) and, HOME Investment Partnership Program (HOME) funds. This allows citizens opportunity to examine and submit comments on the proposed plan. These Plans will be available for review beginning May 6, 2011 through June 6, 2011.

The estimated amounts for the program year 2011 funds that will be available October 1, 2011 through September 30, 2012 and types of activities that can be funded are as follows:

Community Development Block Grant Program (CDBG): $1,511,308          

• Program Administration: Administrative cost and carrying charges to the planning and execution of community development activities assisted in whole or in part with CDBG funds.
• Public Services: Includes but not limited to job training and employment services, health care and substance abuse services, child care, crime prevention; fair housing counseling; energy conservation, welfare services (excluding income payments), recreational activities, and the operation or maintenance of a facility in which a public service activity is located.
• Other: Includes acquisition of real property for any public purpose, disposition of real property that is acquired with CDBG funds or through the urban renewal program, or the retention of such property for public purpose, public facilities and improvements, clearance activities, relocation assistance, homeownership assistance, construction of housing if carried out by a community based development organization, rehabilitation of residential buildings, low income public housing, and publicly or privately owned commercial or industrial buildings, code enforcement, historic preservation, renovation of closed buildings for use as an eligible public facility or housing, and economic development activities.
• HOME Investment Partnership Act (HOME): $921,855
• Program Administration: Administrative and planning costs of the HOME program
• Community Housing Development Organization (CHDO): Funds must be set aside for investment in housing that is to be developed, sponsored, or owned by a CHDO.
• Other: Homeowner rehabilitation, homebuyer activities (acquisition, rehabilitation, and construction), rental housing (acquisition, construction, rehabilitation), and tenant based rental assistance.

Draft copies of the 2011/2012 Annual Action Plan will be available to the public from May 6, 2011 through June 6, 2011 at the following locations:

City Secretary Office                            Housing and Community Development Services
City of Waco                                        City of Waco
City Hall                                               City Hall, Ground Floor
300 Austin Avenue                               300 Austin Avenue
Waco, Texas 76702                             Waco, Texas 76702

Waco-McLennan County Library locations:

Main Library                                        East Waco Library
1717 Austin Avenue                             901 Elm Street
Waco, Texas 76701                             Waco, Texas 76704

West Waco Library                              South Waco Library
& Genealogy Center                             2737 South 18th Street
5301 Bosque Blvd. Suite 275               Waco, Texas 76706
Waco, Texas 76710

Written comments on the proposed plan should be submitted to the Housing and Community Development Services at the address listed below no later than 5:00 p.m., June 6, 2011.

Housing and Community Development Services
City of Waco
City Hall, Ground Floor
300 Austin Avenue                              
Waco, Texas 76702                            

Patricia W. Ervin
City Secretary

FEDERAL GRANT REVIEW

The City of Waco is working with the National Park Service (NPS) and others to develop a Memorandum of Agreement for mitigation of adverse impacts to historical property and the conversion of property at Fort Fisher to remove recreational use only restrictions relating to a 1967 Land and Water Conservation Fund (L&WCF) Grant. 

In 1967, the City of Waco obtained a L&WCF grant for Outdoor Recreation through the Texas Parks and Wildlife Department (TPWD) for development of parks along the Brazos River.  The grant was to assist (a) with acquisition of 4.62 acres to complete a 35 acre Lake Brazos Recreation area and (b) with the construction of service storage building, concession building, restrooms and shower facilities, camping units, picnic units, fishing piers, hiking, trails and walks, roads, parking facilities and utilities in the Park site.  The land that was used for the L&WCF project included several tracts that had been acquired by the City of Waco at different points in time and had been used as a cemetery as well as property obtained from Southern Pacific Railroad through condemnation. 

When Byron Johnson was hired as the Director of the Texas Ranger Hall of Fame and Museum in 1996, one of his charges was to develop a master plan for the Museum. He attempted to locate records relating to the work done starting in 1967, but located very few records.  In the period between 1967 and 1996, files related to the initial L&WCF project and grant agreement in 1967 were misplaced, lost or disposed of.  The files that were maintained were stored and not indexed in a manner that allowed them to be easily located.  Consequently, the development of master plan did not take into consideration the restrictions of the L&WCF grant.  Mr. Johnson was aware that a cemetery had been located in at least portions of Ft. Fisher Park, so out of an abundance of caution he proposed that the City conduct an archaeological survey prior to beginning work the foundation for the proposed Texas Rangers Headquarters and Education Center to see if anything remained from the cemetery underneath the proposed site for the new building.  American Archaeology Group (“AAG”) was retained to perform the survey. 

The October 2006 archaeology survey of the planned building footprint area was conducted under Texas Antiquities Permit Number 4255 issued by the Texas Historical Commission (“THC”).  During the survey, two burial features, i.e., crypts, were found, but no remains.  AAG’s report to THC concluded with the recommendation that “the City of Waco be allowed to proceed with the current proposed project and archaeological monitoring is not necessary.”  That report was filed with THC on or about October 22, 2007.  THC accepted the recommendation of AAG on or about December 6, 2007. 

When work on the building foundation started, some remains were discovered on May 11, 2007.  Additional remains were discovered when work began on a sewer line a short time later.  Since that time, several different Antiquities Permits have been acquired from THC to perform archaeological work on the site in conjunction with the Texas Ranger Headquarters and Education Center and the Riverwalk extension. 

The City of Waco is seeking removal of the Ft. Fisher area from the 1967 L&WCF grant restrictions regarding outdoor recreation use by substituting another parcel for outdoor recreation use.  A Section 106 review of the Ft. Fisher area is a necessary part of the conversion process under the NHPA.  As part of the Section 106 process, it is necessary to develop a Memorandum of Agreement (MOA) between the National Park Service, the Texas Historical Commission, the Advisory Council on Historic Preservation, and the City of Waco to minimize or mitigate adverse impacts on historic properties. 

The National Parks Service, as the agency responsible for the oversight of the conversion process, has now issued a second draft of a proposed MOA.  The NPS cover letter and that MOA draft can be downloaded for review.  Interested parties are invited to review the draft MOA and provide their comments to NPS.  Comments may be sent to:

Mr. Roger Knowlton
Outdoor Recreation Planner
Recreation Grants Division
National Parks Service
601 Riverfront drive
Omaha, Nebraska 68102
Roger_Knowlton@nps.gov

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