04-14-2009 (City Council) Agenda Packet Wylie City Council
CITY:F WYLIE NOTICE OF MEETING
Regular Meeting Agenda
April 14, 2009 — 7:00 pm
Wylie Municipal Complex — Council Chambers
2000 Highway 78 North
Eric Hogue Mayor
M. G. "Red" Byboth Mayor Pro Tem
David Goss Place 1
Kathy Spillyards Place 3
Merrill Young Place 4
Rick White Place 5
Carter Porter Place 6
Mindy Manson City Manager
Richard Abernathy City Attorney
Carole Ehrlich City Secretary
In accordance with Section 551.042 of the Texas Government Code, this agenda has been posted at the Wylie
Municipal Complex, distributed to the appropriate news media, and posted on the City website:
www.wi lietexas.szov within the required time frame. As a courtesy, the entire Agenda Packet has also been posted
on the City of Wylie website: www.wylietexus.gov.
The Mayor and City Council request that all cell phones and pagers be turned off or set to vibrate. Members of the
audience are requested to step outside the Council Chambers to respond to a page or to conduct a phone
conversation.
The Wylie Municipal Complex is wheelchair accessible. Sign interpretation or other special assistance for disabled
attendees must be requested 48 hours in advance by contacting the City Secretary's Office at 972.442.8100 or TD
972.442.8170.
CALL TO ORDER
Announce the presence of a Quorum.
INVOCATION & PLEDGE OF ALLEGIANCE
CITIZENS COMMENTS ON NON-AGENDA ITEMS
Residents may address Council regarding an item that is not listed on the Agenda. Residents must provide their
name and address. Council requests that comments be limited to three (3) minutes. In addition, Council is not
allowed to converse, deliberate or take action on any matter presented during citizen participation.
April 14, 2009 Wylie City Council Regular Meeting Agenda Page 2 of 3
CONSENT AGENDA
All matters listed under the Consent Agenda are considered to be routine by the City Council and will be enacted by
one motion. There will not be separate discussion of these items. If discussion is desired, that item will be removed
from the Consent Agenda and will be considered separately.
A. Consider, and act upon, approval of the Minutes from the March 24, 2009 Regular
Meeting and the March 31, 2009 Special Called Meeting of the City Council. (C.
Ehrlich, City Secretary)
B. Consider, and act upon, approval of an amendment to the Engineering Services
Agreement with Halff Associates, Inc., in the amount of $32,000, for the Founders
Park Improvements for additional design related to an expanded scope of services.
(Al. Sferra, Public Services Director)
REGULAR AGENDA
General Business
1. Consider, and act upon, Ordinance No. 2009-11 adopting the North Texas
Municipal Water District Model Water Conservation Plan, as modified for the City
of Wylie, as the Water Conservation Plan for the City of Wylie, Texas. (M. Sferra,
Public Services Director)
Executive Summary
Although the City of Wylie previously adopted a Drought Contingency Plan in 2006, no formal action has
been taken to adopt a Water Conservation Plan. Title 30 Texas Administrative Code, Chapter 288 requires
water systems to submit a Water Conservation Plan to the Texas Water Development Board by May 1,
2009. After the drought conditions which occurred in 2006, representatives of the member cities met with
North Texas Municipal Water District (NTMWD) to develop a Model Water Conservation Plan that
member cities could adopt, with minor modifications to fit individual needs, to establish uniformity among
member cities.
2. Consider, and act upon, appointment of a member to the North Texas Municipal
Water District (NTMWD) Board to fill an expired term of June 1, 2009 to May 31,
2011. (C. Ehrlich, City Secretary)
Executive Summary
The Board of Directors of North Texas Municipal Water District is a policy making body similar in nature
to the City Council. The Board is responsible to both the State of Texas and to the member cities for
assuring that NTMWD operations occur in accordance with state and federal law, in alignment with
NTMWD policy, and in the best interests of the cities receiving services. The City of Wylie has two board
members on the NTMWD Board; Mr. Robert Thurmond Jr. and Mr. Marvin Fuller. Mr. Thurmond, whose
term will expire May 31, 2009, has confirmed that he would be willing to serve another term.
3. Consider, and act upon, approval of Amendment No. 1 to the Professional
Engineering Services Agreement, in an amount not to exceed $57,000, with Birkhoff,
Hendricks & Conway, L.L.P. for the design of the expansion of Brown Street from
FM 1378 to Ballard Avenue. (C. Holsted, City Engineer)
April 14,2009 Wylie City Council Regular Meeting Agenda Page 3 of 3
Executive Summary
The 2005 City of Wylie Bond Program identified $9,000,000 for the design and construction of
approximately 9,500 linear feet of 4-lane concrete pavement section with sidewalks on Brown Street from
FM 1378 to Ballard Avenue. $4,453,750 was also included in the recent Collin County Bond Program for
the project and those funds are scheduled to be available in FY 2010. Total funds available for the project
are $13,453,750. The first bond issue included $1,220,000 for engineering and right of way acquisition for
this project. Engineering services for the project include the design of a 4-lane paving section, storm sewer,
sidewalks, utility relocations, erosion control,traffic control, and right of way documents.
4. Consider, and act upon, Resolution No. 2009-11(R) denying CoSery Gas Ltd.'s
requested rate changes; authorizing intervention in any necessary proceedings
affecting city's interests before administrative or judicial bodies; requiring
reimbursement of reasonable legal and consultant expenses; finding that the
meeting at which this resolution is adopted is open to the public as required by law;
and requiring delivery of this resolution to the company and legal counsel. (M.
Manson, City Manager)
Executive Summary
On or about December 18, 2008, CoSery Gas Ltd. ("CoServ" or "Company") filed its "Statement of Intent
to Increase Rates" seeking to increase system wide rates by $2.9 million which represents an overall total
revenue increase of approximately five percent (5%). In addition to the rate increase, CoSery also seeks
approval of a new rate design that provides for a flat fee per month based on a customer's prior 12 months
of historical usages. This resolution denies the Company's requested rate increase and it also requires that
the Company's current rates be maintained for all customers within the City.
WORK SESSION
• Discussion regarding the City of Wylie 2008-2009 Comprehensive Fee Schedules.
RECONVENE INTO REGULAR SESSION
Take any action as a result,from Work Session.
READING OF ORDINANCE
Title and caption approved by Council as required by Wylie City Charter, Article Ill, Section 13-D.
ADJOURNMENT
CERTIFICATION
1 certify that this Notice of Meeting was posted on this 9th day of April, 2009 at 5:00 p.m. as required by law in
accordance with Section 551.042 of the Texas Government Code and that the appropriate news media was
contacted. As a courtesy, this agenda is also posted on the City of-Wylie website: wwu',u'vlietexas.0-or.
Carole Ehrlich,City Secretary Date Notice Removed
E
Wylie CCity
CITY OF WYLIE
Minutes
Wylie city Council
Tuesday, March 24, 2009 7:00 pm
Wylie Municipal Complex — Council Chambers
2000 Highway 78 North
CALL TO ORDER
Announce the presence of a Quorum..
Mayor Eric Hogue called the meeting to order at 7:00 p.m. with the following City Council
members present: Mayor Pro Tern Red Byboth, Councilwoman Kathy Spillyards, Councilman
David Goss, Councilman Rick White, Councilman Carter Porter, and Councilman Merrill Young.
Staff present were: City Manager, Mindy Manson; Assistant City Manager, Jeff Butters;
Planning Director, Renae' 011ie; City Engineer, Chris Hoisted; Fire Chief, Randy Corbin; Police
Chief, John Duscio; Interim Finance Director, Melissa Beard; WEDC Executive Director, Sam
Satterwhite; Human Resources Manager, Lynn Fagerstrom; Public Information Officer, Craig
Kelly; City Secretary, Carole Ehrlich, and various support staff.
INVOCATION & PLEDGE OF ALLEGIANCE
Rob Rigby, Scout Leader for Troop 2062 gave the invocation and Boy Scout Troop 418 and
Troop 2062 led the Pledge of Allegiance. Troop members present were: Troop 2062 — Alex
Baker, Robert Thatcher, Ryan Rigby, Lehi Palencia, Hansel Palencia, Sam Rainey, and Noah
Whitworth. Leaders for Troop 2062 included Rob Rigby, John Rainey, Rex Jarvis, and Jason
Baker. Troop 418 members present were: Hayden Rhodes, Alex Cavazos, Wesley Elliott,
Zachary Perdue, Christopher Perdue, Jacob Kotria, Elliott Ford, Christian Ramirez, Nicholas
Montemayor, and Malik Chambers. Troop 418 leaders present included: Eliazar Cavazos and
Buddy Perdue.
PRESENTATION
• Proclamation for"Student Government Day 2009"
Mayor Hogue explained Student Government Day to those present. He stated that in
conjunction with WISD, the City staff and Council held a "Student Government Day." The
Minutes—March 24, 2009
Wylie City Council
Page I
students participating are enrolled in WISD AP Government. On March 25, 2009, those same
students hold their own "Mock Council Meeting" with the assistance of AP class students, City
staff and City Council.
Students participating in the council meeting included: Mayor, Jessica Dixon; City Manager,
Noelle Defoe; City Council members: Ryan Johnson, Place 1; David Pollard, Place 2; Amanda
Woodard, Place 3; Laura Jackson, Place 4; Joseph McManus, Place 5, and Ricky Storer, Place
6.
Mayor Hogue read the proclamation declaring March 25, 2009 as "Student Government Day" in
the City of Wylie.
• Recognition of employees celebrating 20 years of service to the City of Wylie (L.
Fagerstrom, Human Resources Manager)
Mayor Hogue, the City Council and City Manager Mindy Manson presented plaques
commemorating 20 years of service to the City of Wylie to the following employees:
Lt. Mike Atkison, Police Department
Mayor Hogue explained that Lt. Atkison joined the City of Wylie on March 5, 1989 as a Patrol
Officer. He was promoted to Patrol Sergeant on September 25, 1994 and later promoted to
Administrative Lieutenant on July 10, 2007. Police Chief Duscio stated that Lt. Atkison helped
build the department over the years and was an extremely dedicated employee and police
officer.
Captain Jeff Scribner, Fire Department
Mayor Hogue explained that Capt. Scribner joined the City of Wylie on March 20, 1989 as a
Street Maintenance Worker. He was promoted to Warehouseman on November 6, 1989. On
January 20, 1992 he was promoted to Firefighter and on October 6, 1997 he was promoted to
Fire Captain. Fire Chief Randy Corbin stated that Captain Scribner was a key player in not only
the legacy that has developed the culture of courage that is the Wylie Fire Department but has
worked hard to keep it that way. He stated that the turnout tonight of firemen to this presentation
speaks to the honor of this recipient.
CITIZENS COMMENTS ON NON-AGENDA ITEMS
Residents may address Council regarding an item that is not listed on the Agenda. Residents must provide their
name and address. Council requests that comments be limited to three (3) minutes. In addition, Council is not
allowed to converse, deliberate or take action on any matter presented during citizen participation.
There were no citizens present wishing to address the Wylie City Council during Citizens
Comments.
CONSENT AGENDA
All matters listed under the Consent Agenda are considered to be routine by the City Council and will be enacted by
one motion. There will not be separate discussion of these items. If discussion is desired, that item will be removed
from the Consent Agenda and will be considered separately.
Minutes— March 24, 2009
Wylie City Council
Page 2
A. Consider, and act upon, approval of the Minutes from the March 10, 2009 Regular
Meeting of the City Council. (C. Ehrlich, City Secretary)
B. Consider, and act upon, a Replat for Premier Industrial Park North, Block A, Lots
3A-1 and 3A-2, creating two commercial lots generally located on the northwest
corner of Sanden Road and Hensley Lane. (R. 011ie, Planning Director)
C. Consider, and act upon, Resolution No. 2009-10(R) authorizing the Mayor to enter
into an Interlocal Agreement between the City of Wylie, Texas, the City of Bedford,
Texas and other municipal signatories of a cooperative purchasing program. (R
Corbin, Fire Chief
D. Consider, and place on file, the City of Wylie Monthly Revenue and Expenditure
Reports as of February 28, 2009. (M. Beard, Interim Finance Director)
E. Consider, and place on file, the Monthly Revenue and Expense Report for the Wylie
Economic Development Corporation as of February 28, 2009. (S. Satterwhite,
Executive Director, WEDC)
Council Action
A motion was made by Councilman Porter, seconded by Councilman White to approve the
Consent Agenda as presented. A vote was taken and the motion passed 7-0.
REGULAR AGENDA
Public Hearing
1. Hold a Public Hearing and consider, and act upon, approval of the withdrawal of a
Residential Replat for Stone Circle Townhomes, Block A, Lots 1-6 creating 6 single
family attached lots, generally located north of Stone Circle and 120 feet east of
Birmingham Street. (R. 011ie, Planning Director)
Staff Comments
Planning Director 011ie addressed Council stating that the applicant has requested to withdraw this replat
for consideration at this time due to unforeseen circumstances. This residential replat is a public hearing
item and required notices have been adhered to accordingly with State Law. However, due to posting
and advertisement requirement; action on the replat by the Council must be taken. She reported that the
Planning Commission approved 4-0 to accept the applicant's request to withdraw the replat.
Public Hearing
Mayor Hogue opened the public hearing on Item #1 at 7:36 p.m. asking anyone present wishing
to address Council to come forward the keep their comments to three minutes.
No one was present to address Council during the public hearing.
Mayor Hogue closed the public hearing at 7:36 p.m.
Minutes—March 24, 2009
Wylie City Council
Page 3
Council Action
A motion was made by Mayor Pro Tem Byboth, seconded by Councilman White to accept the
withdrawal by the applicant for a residential replat for Stone Circle Townhomes, Block A, Lots 1-
6 creating 6 single family attached lots, generally located north of Stone Circle and 120 feet east
of Birmingham Street. A vote was taken and the motion passed 7-0.
General Business
2. Consider, and act upon, an amendment to the Service Contract between the City of
Wylie and National Sign Plazas, Inc. to allow kiosk panels to be increased to 15" in
height in lieu of 12" as required by the contract. (R. 011ie, Planning Director)
Staff Comments
Planning Director 011ie addressed Council stating that the City of Wylie entered into a service contract
with National Sign Plazas to provide kiosk plazas within rights-of-way in accordance with Sign Ordinance
No. 2008-33 adopted July 22, 2008. Several kiosk plazas are currently placed throughout the city in
accordance with the approved plaza location map. The current panels are installed at a height of 10.5
inches that allowed a font size of 8 inches. This request is seeking approval for a 15 inch panel that would
permit a font size of 13 inches. Ms. 011ie explained that this revision would allow better visibility and
readability of the panels. She reported that since the ordinance did not address the size of the panels, an
addendum to the original contract between National Sign Plazas and the City was the only required
action.
Planning Director 011ie stated that empty panels could be used for additional city information until such
time as those panels were sold for advertisement. She requested that Council include in the action
whether they wished the panels to be white with blue lettering or blue with white lettering and where the
municipal panels should be located within each kiosk sign.
National Sign Plazas/Staff/Council Discussion
Councilwoman Spillyards asked why it had taken so long for information to be place on the kiosk plazas.
Planning Director 011ie explained that part of the delay was due to organizing the locations and panels
corresponding to the correct developments within each location. She explained that in addition they found
that the current size of the panel made it hard to read the font, due to the size, and desired to bring this
back to Council to enlarge the size of the panels. She stated that if this addendum was approved tonight,
the signs would be completed in a very short timeframe. She reported that several vendors were waiting
to see if the larger panels were approved prior to signing on to the contract. Councilwoman Spillyards
suggested that until the panels were completely sold, it would be good to alternate between used panels
and blank panels.
Joseph Green, representing National Sign Plaza, addressed Council stating that he wanted to insure that
the City of Wylie, City of Murphy and the City of Sachse were uniform due to their proximity to each other.
He explained that he wanted to insure that all panels were readable. He reported that the City of Sachse
had approved the 15 inch panels. He reported that if the enlarged panels were approved tonight, they
would be implemented quickly. Councilwoman Spillyards asked how many panels would be lost going to
the 15 inch panel size. Mr. Green explained that extending the kiosk sign height to 10 feet would allow
the same number of panels, if needed.
Minutes— March 24, 2009
Wylie City Council
Page 4
Council Action
A motion was made by Councilwoman Spillyards, seconded by Councilman White to approve
the addendum to the Service Contract between the City of Wylie and National Sign Plazas, Inc.
to allow kiosk panels to be increased to 15" in height in lieu of 12" and to approve the use of
municipal directional signs at the top of each kiosk sign and to allow for the panels to be blue
with white lettering. A vote was taken and the motion passed 7-0.
3. Consider, and act upon, authorizing the Wylie Economic Development Corporation
to purchase approximately 0.397 acre from Crossroads Management IV, Ltd. for
approximately $146,880 with the subject property located near the southeast corner
of F.M. 544 and Regency Drive. (S. Satterwhite, Executive Director, WEDC)
Staff Comments
WEDC Executive Director Satterwhite addressed Council stating that on March 17, 2009, the WEDC
entered into a contract with Crossroads Management to purchase ±0.397 acre out of a 1 acre tract owned
by Crossroads. The subject property is adjacent and south of WEDC owned property fronting F.M. 544
between Regency Drive and Hooper Road. The remainder of the tract is to be retained by Crossroads
and has existing self-storage units. The area to be purchased by the WEDC is occupied by an
automobile body shop/garage.
Mr. Satterwhite reported that of particular interest to the WEDC is a 20' easement traversing the WEDC
property which is utilized by the Francis tract to access the body shop. Prior to closing, a plat will be
submitted to the City of Wylie abandoning the easement. Access to the property being retained by
Crossroads will be through an adjacent property to the east which is also owned by Crossroads.
The WEDC Board of Directors unanimously approved the execution of the attached contract on 3-9-09.
He reported that the closing is to take place no later than June 15, 2009.
Council Action
A motion was made by Councilwoman Spillyards, seconded by Councilman Young to authorize
the Wylie Economic Development Corporation to purchase approximately 0.397 acre from
Crossroads Management IV, Ltd. For approximately $146,880 with the subject property located
near the southeast corner of F.M. 544 and Regency Drive. A vote was taken and the motion
passed 6-0-1 with Mayor Hogue, Councilwoman Spillyards, Councilman Goss, Councilman
Young, and Councilman Porter voting for with none against and Mayor Pro Tem Byboth
abstaining.
Mayor Hogue asked Rachel Durky representing the Quad C and WISD Concurrent Government
Class of 2009 to introduce the students in attendance and explain the program. Rachel Durky
explained that this process allowed students from Wylie High School enrolled in concurrent
courses both for high school credit and college credit the opportunity to attend and learn about
the City Council during a regular meeting to have first hand experience regarding how a
municipality is governed. Ms. Durky asked each student to come forward and introduce
themselves. Mayor Hogue thanked the student for attending.
Minutes—March 24, 2009
Wylie City Council
Page 5
ADJOURNMENT
With no further business before the Wylie City Council, a motion was made by Councilman
VVhite, seconded by Councilman Porter to adjourn the meeting at 8:10 p.m. Consensus of City
Council was to adjourn.
Eric Hogue, Mayor
ATTEST:
Carole Ehrlich, City Secretary
Minutes— March 24. 2OOS
Wylie City Council
Wylie City
Y.,
CITY OF WYLIE
...
Minutes
Special Called Meeting Agenda
Wylie City Council & Wylie Independent School
District Joint Work Session
March 31, 2009 -- 6:00 p.m. and 7:00 p.m.
Wylie Municipal Complex Council Chambers
2000 Highway 78 North
6:00 P.M. - SPECIAL CALLED MEETING - WYLIE CITY COUNCIL
CALL TO ORDER
Tinnounce the presence of a Quorum.
Mayor Hogue called the Wylie City Council Meeting to order at 6:00 p.m. The following Council
members were present: Councilwoman Kathy Spillyards, Councilman Goss, Councilman Young,
Councilman White, and Councilman Porter. Mayor Pro Tem Red Byboth was absent.
Staff present included: City Manager, Mindy Manson; Assistant City Manager Jeff Butters;
Police Chief, John Duscio; Fire Chief, Randy Corbin; City Engineer, Chris Hoisted; Public
Services Director, Mike Sferra; Planning Director, Renae' 011ie; Interim Finance Director,
Melissa Beard; Public Information Officer, Craig Kelly, and City Secretary, Carole Ehrlich.
INVOCATION & PLEDGE OF ALLEGIANCE
Councilman Young gave the invocation and Councilman Porter led the Pledge of Allegiance.
CITIZENS COMMENTS ON NON-AGENDA ITEMS
Residents may address Council regarding an item that is not listed on the Agenda. Residents must provide their
name and address. Council requests that comments be limited to three (3) minutes. In addition, Council is not
allowed to converse, deliberate or take action on any matter presented during citizen participation.
There were no citizens present wishing to address Council during Citizens Comments.
Minutes March 31, 2009
Special Called Meeting
Wylie City Council
Page
REGULAR AGENDA
1. Consider, and act upon, Ordinance No. 2009-10 authorizing the annexation of a 7
acre tract of land situated in the Allen Atterberry Survey, Abstract No. 23, Collin
County, Texas generally located south of Martin Drive and east of South Ballard
Avenue. (R. 011ie, Planning Director)
Staff Comments
Planning Director 011ie addressed Council stating that this annexation is at the request of the property
owners, James Stephen Gee and Stacy Lynn Gee. The property is located south of Martin Drive and east
of South Ballard Ave within the Extraterritorial Jurisdiction (ETJ) of Wylie. Ms. 011ie reported that pursuant
to state regulations, two public hearings had been held on March 10, 2009 and March 24, 2009 to allow
citizens a chance to be heard on this item. Proposed tonight is Ordinance No. 2009-10 authorizing the
annexation.
Council Action
A motion was made by Councilman Young, seconded by Councilman White to approve
Ordinance No. 2009-10 authorizing the annexation of a 7 acre tract of land situated in the Allen
Atterberry Survey, Abstract No. 23, Collin county, Texas generally located south of Martin drive
and east for South Ballard Avenue. A vote was taken and the motion passed 6-0 with Mayor Pro
Tern Byboth absent.
Mayor Hogue convened into Executive Session quoting Section 551.071 and description below
at 6:23 p.m.
EXECUTIVE SESSION
Recess into Closed Session in compliance with Section 551.001, et.seq. Texas Government Code, to wit:
Section 551.071: Meeting with City Attorney regarding a matter(s) in which the duty of the
City Attorney under the Texas Disciplinary rules of Professional Conduct of the State Bar of
Texas conflicts with the Open Meetings Act regarding:
• Legal advice concerning Award of Special Commissioners in the condemnation
proceeding No. 002-03096-2008 and styled City of Wylie, Texas vs. Alpay Living
Trust of October 18, 1996.
Mayor Hogue reconvened into Regular Session at 6:59 p.m.
RECONVENE INTO REGULAR SESSION
Take any action as a result from Executive Session.
Mayor Hogue announced that no action will be taken as a result of Executive Session.
7:00 P.M. - RECONVENE INTO JOINT WORK SESSION
CALL TO ORDER
Minutes— March 31, 2009
Special Called Meeting
Wylie City Council
Page 2
JOINT WORK SESSION WITH WYLIE INDEPENDENT SCHOOL DISTRICT
Mayor Hogue convened into the Joint WISD and Wylie City Council Work Session at 7:10 p.m.
The following Council members were present: Councilwoman Spillyards, Councilman Goss,
Councilman Young, Councilman White, and Councilman Porter. Mayor Pro Tem Byboth was
absent.
WISD Board President Susan Shuler called the Wylie Independent School District Board of
Trustees to order at 7:10 p.m. Trustees present were: Lance Goff, Stacie Gooch, Ralph James,
and Sam Satterwhite. Ronni Fetzer arrived at 7:20 p.m. Sue Nicklas was absent.
WORK SESSION
• Discussion regarding the status of city projects.
City Engineer, Chris Hoisted reviewed various city projects that were underway and the
timelines the projects were scheduled for completion. They included: McCreary Road/Springwell
Parkway, FM 1378, Ballard Street (Stone Rd. to Alanis Dr.), Ballard Street (Alanis Dr. to the
County Line), and Brown Street East and West. Mr. Hoisted also reported that the Quiet Zones
have been applied for through the Federal Railroad Administration.
• Discussion of Wylie ISD projects and Tax Rate Information.
WISD Assistant Superintendant over Finance, Brian Miller reviewed cost projections for new
building needs, based on additional student enrollment over the next few years and how these
costs relate to the WISD tax rate. He also reviewed the history of WISD tax rates for both
Maintenance/Operations and Interest/Sinking Funds and their cost relationship to other
surrounding school districts, which showed WISD's tax rate at a medium average of tax rates in
the local area. Mr. Miller reported that with good stewardship of tax dollars and bond funding,
the school district has remained in the medium average over the last few years.
• Wylie ISD 2009 Bond Election and Contingency Plans.
WISD Superintendent Dr. Fuller spoke about the need for the $84,500,000 Bond Proposition.
He also explained contingency plans in the event the May 9th Bond Election did not pass.
• Wylie ISD Human Resource Update.
Assistant Superintendent over Human Resources, Dr. Cole McClendon reviewed the current
personnel working for the school district. Dr McClendon reported on the future need for teachers
and support staff based on the estimate of students expected to join the school district in the
coming years. He reported a total of 1,612 employees staffed for FY 08-09 with that number
increasing by 32 teaching positions by FY 09-10. Dr. McClendon reported that the assistance of
the 5 Wylie Resource Officers headed by Donna Valdepena was providing excellent service to
the district.
• Wylie ISD Accountability Report.
Assistant Superintendent for Curriculum and Instruction, Dr. T.J. Farler presented Accountability
Data which included Gold Performance Acknowledgements; she reported that TAKS tests in
Minutes— March 31, 2009
Special Called Meeting
Wylie City Council
Page 3
science and math had shown improvements per student group. TAKS test results showed
Exemplary level for all student groups in reading and writing and Recognized levels for all
student groups in Social Studies. She explained some of the challenges in keeping
Exemplary/Recognized levels of performance and at the same time, teaching every student the
required course work.
• Discussion of the City of Wylie Neighborhood Planning Initiative.
Planning Director 011ie gave a short report regarding the newly implemented A.C.T.I.O.N Plan.
She explained that the ACTION Plan is a tool to afford each resident and stakeholder the
opportunity to work together towards greatly improving the quality of life for all residents of
Wylie. She reported that staff had successfully completed working in the JM Butler Addition
where a concrete flume was installed to alleviate drainage problems. Staff is currently working
with residents of the Bostic Addition to install or repair sidewalks.
• Discussion of current and possible shared resource opportunities between city and
school district.
WISD Public Information Officer Susan Dacus reviewed the current WISD and City of Wylie
Partnerships. They included: Resource Officers, Wylie Wave, Parking at Founder's Park for
Pirate Stadium, School Government Day, STAR Students, City of Wylie-Partner in Education,
Shared Fiber for Internet Access, Tennis Courts at Founders Park, Emergency Operations
Center Representation, Joint Use of School and City Facilities, Joel Scott Memorial Park, Fire
Protection Programs for Students, Purchasing Land for Wylie High School and Founders Park,
and Crossing Guards. She thanked the City for their support in these endeavors.
With no further business before the Wylie School Board of Trustees, Sharon Shuler adjourned
the work session at 8:58 p.m.
RECONVENE INTO REGULAR SESSION
Take any action as a result from Work Session.
Mayor Hogue recessed into Regular Session at 8:58 p.m.
ADJOURNMENT
With no further business before the Wylie City Council, a motion was made by Councilwoman
Spillyards, seconded by Councilman White to adjourn the meeting at 9:00 p.m. Consensus of
City Council was to adjourn.
Eric Hogue, Mayor
ATTEST:
Carole Ehrlich, City Secretary
Minutes—March 31, 2009
Special Called Meeting
Wylie City Council
Page 4
•iy0
Wylie
1Council
7 , ,
CITY OF WYLIE AGENDA REPORT
Meeting Date: April 14, 2009 Item Number: I3
Department: Public Services (CitySecretary's � Only)
Prepared By: Mike Sferra Account Code: 443-5443-56570
Date Prepared: March 19, 2009 Budgeted Amount: $ 32,000
Exhibits: Proposal
Subject bject
Consider, and act upon, approval of an amendment to the Engineering Services Agreement to Halff Associates,
Inc., in the amount of $32,000, for the Founders Park Improvements for additional design related to an
expanded scope of services
Recommendation
Motion to approve an amendment to the Engineering Services Agreement to Half Associates, Inc., in the
amount of$32,000, for the Founders Park Improvements for additional design related to an expanded scope of
services
Discussion
On December 12, 2006, the City Council approved an engineering contract with Half Associates, Inc. for the
design of the Founders Park Improvements project, a $5.47 million dollar project approved by voters in 2005.
In October 2008, the City was awarded a $400,000 grant from Collin County for additional improvements to
Founders Park not included in the original scope of services in the engineering contract. These improvements
include reconfiguration and additions to the walking trail, a pavilion with foundation for the playground area,
the installation of shade structures for the ball field bleachers, sodding of the ball fields, and sodding of the
north soccer fields.
On March 10, 2009, City Council gave staff direction to also include a sand volleyball court, a basketball court,
expand the center trail on the west side of the park from eight to ten feet in width, and include additional
masonry features at the pavilion. All of the above-mentioned items will be included in the bid documents. This
contract amendment covers the consultant fee related to the expanded scope of services.
Approved By
Initial Date
Department Director MS 3/19109
City Manager
Page 1 of 1
1201 North Bowser Road
Richardson,Texas 75081
(214)346-6200
Fax(214)739-0095
ADDITIONAL SERVICES CONFIRMATION
To: Mike Sferra Date: March 13, 2009
From: Lenny Hughes AVO: 24714
Email: Ihughes@halff.com Project: Founders Park
VIA: Email
Re: Request for Additional Services to perform Landscape Architectural and Engineering Design Services for
Founders Park Project, Wylie, Texas.
Half Associates Inc. is pleased to submit this fee proposal for$32,000.00 to assist in the continuance and
development of appropriate planning and design level construction drawings and specifications for the proposed
additions to Founders Park. Per our understanding of your requirements, Halff will develop a plans and specs
showing the additional items to be awarded for the$400,000 Collin County Grant. Grant items included the
following proposed site improvements:
1. Sodding for Baseball Fields;
2. Sodding for north Soccer Fields;
3. Playground Pavilion, walkway and foundation;
4. Shade structures for the Ball Fields;
5. +/- 1,760 If. 10' concrete outer trail; and
6. +/- 816 If. 10' concrete trail expansion.
The plan shall also include Alternative Items for Sand Volleyball and Basketball Courts. Half Associates will
utilize the City of Wylie standards and details for the construction of the alternates. HAI will provide a place
holder on the plans and as money become available for the project, these items shall be constructed.
Any additional services beyond the specified scope will be performed by modification. Please feel free to contact
us if you have any questions or comments concerning the scope.
By:
(Print name)
Title:
Signature:
Date:
❑ Attachments:
SIGNED: ,ennL{ 'Hi ies
COPIES:
® File ❑ Owner ❑ Contractor
0 Other:
�" u.ti
Wylie City C
OF
CITY
� µ
Meeting Date: April 14, 2009 Item Number: 1
(City►Sect-may's Use Only)
Department: Public Services
Prepared By: Mike Sferra Account Code:
Date Prepared: March 19, 2009 Budgeted Amount:
Exhibits: Ordinance, Plan
Subject� ..
Consider, and act upon, Ordinance No. 2009-11 adopting the North Texas Municipal Water District Model
Water Conservation Plan, as modified for the City of Wylie, as the Water Conservation Plan for the City of
Wylie, Texas.
Recommendation
Motion to approve Ordinance No. 2009-11 adopting the North Texas Municipal Water District Model Water
Conservation Plan, as modified for the City of Wylie, as the Water Conservation Plan for the City of Wylie,
Texas.
Discussion
Although the City of Wylie previously adopted a Drought Contingency Plan in 2006, no formal action has been
taken to adopt a Water Conservation Plan. Title 30 Texas Administrative Code, Chapter 288 requires water
systems to submit a Water Conservation Plan to the Texas Water Development Board by May 1, 2009.
After the drought conditions which occurred in 2006, representatives of the member cities met with North
Texas Municipal Water District (NTMWD) to develop a Model Water Conservation Plan that member cities
could adopt, with minor modifications to fit individual needs, to establish uniformity among member cities.
The requirements of the proposed Water Conservation Plan include the following landscape water management
measures:
■ Time of day restrictions prohibiting lawn irrigation watering from 10 AM to 6 PM beginning April 1
and ending October 31 of each year.
■ Prohibition of watering of impervious surfaces. (Wind driven water drift will be taken into
consideration.)
■ Prohibition of outdoor watering during precipitation or freeze events.
■ Lawn and landscape irrigation limited to twice per week.
■ Prohibition of the use of treated water to fill or refill residential, amenity, and any other natural or
manmade ponds. A pond is considered to be a still body of water with a surface area of 500 square feet
Page 1 of 2
Page 2 of 2
or more.
■ Rain and freeze sensors and/or ET or Smart controllers required on all new irrigation systems. Rain and
freeze sensors and/or ET or Smart controllers must be maintained to function properly.
■ "At home" car washing can be done only when using a hose with a shut-off nozzle.
• Prohibition of watering areas that have been overseeded with cool season grasses (such as rye grass or
other similar grasses), except for golf course and public athletic fields.
In addition, the City of Wylie adopts the following as part of the City Plan:
• Recommend, not require, that all existing irrigation systems be retrofitted with rain and freeze sensors
and/or ET or Smart controllers capable of multiple programming. Rain and freeze sensors and/or ET or
Smart controllers must be maintained to function properly.
■ Prohibition of use of poorly maintained irrigation systems that waste water.
• Recommend no planting of cool season grasses (such as rye grass or other similar grasses) that intensify
cool season water requirements, with an exception allowed for golf courses and public athletic fields.
■ Requirement that the playing surface on all new public athletic fields be irrigated by a separate
programmable irrigation zone from surrounding areas.
■ Requirement that all new or rehabilitated irrigation systems must be designed, inspected, and installed in
accordance with TCEQ rules.
In addition to the conservation measures described above, and when resources and funds are available and duly
budgeted, the Plan includes provisions for implementing a water conservation rebate program.
Enforcement will be accomplished by City staff during the performance of their normal duties and travel. If
violations or potential violations are observed, City staff will first contact the water customer and educate and
advise them how to correct the matter in a timely fashion to prevent implementing additional enforcement
measures.
This Plan applies only to customers of the City of Wylie's water distribution system and not to customers of
neighboring water purveyors. The City of Wylie water customers will be notified of the Water Conservation
Plan through the following means:
■ City of Wylie website.
■ e-Wylie.
■ Insert in a water bill.
Approved By
Initial Date
Department Director MS 3/1z9/09
City Manager i
ORDINANCE NO. 2009-11
AN ORDINANCE OF THE CITY OF WYLIE, TEXAS, ADOPTING A
WATER CONSERVATION PLAN FOR THE CITY OF WYLIE TO
PROMOTE RESPONSIBLE USE OF WATER; PROVIDING FOR
PENALTIES AND/OR THE DISCONNECTION OF WATER SERVICE
FOR NONCOMPLIANCE WITH THE PROVISIONS OF THE WATER
CONSERVATION PLAN; PROVIDING FOR REPEALING, SAVINGS,
AND SEVERABILITY CLAUSES; PROVIDING FOR AN EFFECTIVE
DATE OF THIS ORDINANCE; AND PROVIDING FOR THE
PUBLICATION OF THE CAPTION HEREOF .
WHEREAS, the City of Wylie, Texas (the "City"), recognizes that the amount of water
available to its water customers is limited; and
WHEREAS, the City recognizes that due to natural limitations, drought conditions,
system failures and other acts of God which may occur, the City cannot guarantee an
uninterrupted water supply for all purposes at all times; and
WHEREAS, the Texas Water Code and the regulations of the Texas Commission on
Environmental Quality (the "Commission") require that the City adopt a Water Conservation
Plan; and
WHEREAS, the City has determined an urgent need in the best interest of the public to
adopt a Water Conservation Plan; and
WHEREAS, pursuant to Chapter 54 of the Local Government Code, the City is
authorized to adopt such Ordinances necessary to preserve and conserve its water resources; and
WHEREAS, the City Council of the City of Wylie, Texas ("City Council") desires to
adopt the North Texas Municipal Water District (the "NTMWD") Water Conservation Plan as
modified for the City, if necessary, as the official City policy for the conservation of water; and
WHEREAS, the City Council has investigated and determined that it will be
advantageous and beneficial to the citizens of the City and will protect the public health, safety
and welfare to adopt a Water Conservation Plan as set forth herein.
NOW THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE
CITY OF WYLIE THAT:
Section 1. Findings Incorporated. The findings set forth above are incorporated
into the body of this Ordinance as if fully set forth herein.
Ordinance No. 2009-11
Adopting a Water Conversation Plan Page 1
542450.v2
Section 2. Plan Adopted. The City Council hereby approves and adopts the
NTMWD Water Conservation Plan (the "Plan"), as modified for the City, if necessary, attached
hereto as Exhibit "A", as if recited verbatim herein. The City commits to implement the
requirements and procedures set forth in the adopted Plan.
Section 3. Penalty. Any customer, as defined by 30 Tex. Admin. Code Chapter 291,
failing to comply with the provisions of the Plan shall be subject to a fine of up to two thousand
dollars ($2,000.00) per day, per occurrence and/or discontinuance of water service by the City.
Proof of a culpable mental state is not required for a conviction of an offense under this section.
Each day a customer fails to comply with the Plan is a separate violation. The City's authority to
seek injunctive or other civil relief available under the law is not limited by this section.
Section 4: Savings/Repealing Clause. All provisions of any ordinance in conflict with
this Ordinance are hereby repealed, but such repeal shall not abate any pending prosecution for
violation of the repealed ordinance, nor shall the repeal prevent a prosecution from being
commenced for any violation if occurring prior to the repeal of the ordinance. Any remaining
portions of said ordinance shall remain in full force and effect.
Section 5. Compliance with Open Meetings Act. The City Council does hereby find
and declare that sufficient written notice of the date, hour, place and subject of the meeting
adopting this Ordinance was posted at a designated place convenient to the public for the time
required by law preceding the meeting, that such place of posting was readily accessible at all
times to the general public, and that all of the foregoing was done as required by law at all times
during which this Ordinance and the subject matter thereof has been discussed, considered and
foitiially acted upon. The City Council further ratifies, approves and confirms such written
notice and the posting thereof.
Section 6. Severability. Should any section, subsection, sentence, clause or phrase
of this Ordinance be declared unconstitutional or invalid by a court of competent jurisdiction, it
is expressly provided that any and all remaining portions of this Ordinance shall remain in full
force and effect. The City hereby declares that it would have passed this Ordinance, and each
section, subsection, clause or phrase thereof irrespective of the fact that any one or more
sections, subsections, sentences, clauses and phrases be declared unconstitutional or invalid.
Section 7. Filing of Ordinance and Plan with Commission. The City Manager or
her designee is hereby directed to file a copy of the Plan and this Ordinance with the
Commission in accordance with 30 Tex. Admin. Code Chapter 288.
Section 8: Effective Date. This Ordinance shall become effective from and after its
adoption and publication as required by the City Charter and by law.
Ordinance No. 2009-11
Adopting a Water Conversation Plan Page 2
542450.v2
DULY PASSED AND APPROVED BY THE CITY COUNCIL OF THE CITY OF
WYLIE, TEXAS on this le day of April, 2009.
Eric Hogue, Mayor
ATTESTED TO AND CORRECTLY
RECORDED BY:
Carole Ehrlich, City Secretary
Date of Publication in The Wylie News—April 22, 2009
Ordinance No. 2009-11
Adopting a Water Conversation Plan Page 3
542450.v2
Exhibit "A"
City of Wylie
Water Conservation Plan
Ordinance No. 2009-11
Adopting a Water Conversation Plan Page 4
542450.v2
WATER CONSERVATION
PLAN FOR THE CITY OF
APRIL
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Water Conservation Plan City of Wylie
TABLE OF CONTENTS
1. INTRODUCTION AND OBJECTIVES 1-1
2. TEXAS COMMISSION ON ENVIRONMENTAL QUALITY RULES 2-1
2.1 Conservation Plans 2-1
3. WATER UTILITY PROFILE 3-1
4. SPECIFICATION OF WATER CONSERVATION GOALS 4-1
5. METERING, WATER USE RECORDS, CONTROL OF UNACCOUNTED
WATER, AND LEAK DETECTION AND REPAIR 5-1
5.1 Accurate Metering of Treated Water Deliveries from NTMWD 5-1
5.2 Metering of Customer and Public Uses and Meter Testing, Repair, and
Replacement 5-1
5.3 Record Management System 5-1
5.4 Determination and Control of Unaccounted Water 5-1
5.5 Leak Detection and Repair 5-2
5.6 Monitoring of Effectiveness and Efficiency-Annual Water Conservation
Report 5-2
5.7 Water Conservation Implementation Report 5-2
6. CONTINUING PUBLIC EDUCATION AND INFORMATION CAMPAIGN 6-1
7. WATER RATE STRUCTURE 7-1
8. OTHER WATER CONSERVATION MEASURES 8-1
8.1 NTMWD System Operation Plan 8-1
8.2 Reuse and Recycling of Wastewater 8-1
8.3 Ordinances, Plumbing Codes, or Rules on Water-Conserving Fixtures 8-1
8.4 Landscape Water Management Measures 8-1
8.5 Additional Water Conservation Measures 8-2
8.6 Requirement for Water Conservation Plans by Wholesale Customers 8-3
8.7 Coordination with Regional Water Planning Group and NTMWD 8-3
Water Conservation Plan City of Wylie
9. IMPLEMENTATION AND ENFORCEMENT OF THE WATER
CONSERVATION PLAN 9-1
10. REVIEW AND UPDATE OF WATER CONSERVATION PLAN 10-1
Water Conservation Plan City of Wylie
APPENDICES
APPENDIX A List of References
APPENDIX B Texas Commission on Environmental Quality Rules on
Municipal Water Conservation Plans
• TAC Title 30, Part 1, Chapter 288, Subchapter A, Rule
§288.1 — Definitions (Page B-1)
• TAC Title 30, Part 1, Chapter 288, Subchapter A, Rule
§288.2 — Water Conservation Plans for Municipal Uses by
Public Water Suppliers (Page B-4)
APPENDIX C TCEQ Water Utility Profile
APPENDIX D NTMWD Member City and Customer Annual Water
Conservation Report
APPENDIX E Considerations for Landscape Water Management Regulations
APPENDIX F Letters to Region C and Region D Water Planning Groups
APPENDIX G Adoption of Water Conservation Plan
• Municipal Ordinance Adopting Water Conservation Plan
• Municipal Utility District Order Adopting Water
Conservation Plan
• Special Utility District Order Adopting Water Conservation
Plan
• Water Supply Corporation Resolution Adopting Water
Conservation Plan
APPENDIX H Illegal Water Connections and Theft of Water
• Municipal Ordinance Pertaining to Illegal Water
Connections and Theft of Water
• Municipal Utility District Order Pertaining to Illegal Water
Connections and Theft of Water
• Special Utility District Order Pertaining to Illegal Water
Connections and Theft of Water
• Water Supply Corporation Resolution Pertaining to Illegal
Water Connections and Theft of Water
APPENDIX I TCEQ Water Conservation Implementation Report
iv
Water Conservation Plan City of Wylie
Water Conservation and Drought Contingency and
Water Emergency Response Plan for the City of Wylie, Texas
1. INTRODUCTION AND OBJECTIVES
Water supply has always been a key issue in the development of Texas. In recent years, the
growing population and economic development of North Central Texas has led to increasing
demands for water supplies. At the same time, local and less expensive sources of water
supply are largely developed. Additional supplies to meet higher demands will be
expensive and difficult to develop. It is therefore important that North Texas Municipal
Water District (NTMWD) and The City of Wylie (City) make the most efficient use of
existing supplies. This will delay the need for new supplies, minimize the environmental
impacts associated with developing new supplies, and delay the high cost of additional
water supply development.
Recognizing the need for efficient use of existing water supplies, the Texas Commission on
Environmental Quality (TCEQ) has developed guidelines and requirements governing the
development of water conservation and drought contingency plans for public water
suppliers. TCEQ guidelines and requirements are included in Appendix B. The best
management practices established by the Water Conservation Implementation Task Force,
established pursuant to Senate Bill (SB) 1094 by the 78th Texas Legislature, were also
considered in the development of the water conservation measures. The NTMWD
developed a Model Water Conservation Plan for its Member Cities and Customers
(NTMWD Model Plan) following TCEQ guidelines and requirements. The current
NTMWD Model Plan was developed in concert with the NTMWD's Water Conservation
Plan and replaces the NTMWD Model Plan dated August 2004 and April 2006.
The water conservation sections of the NTMWD Model Plan include measures that are
intended to result in ongoing, long-term water savings.
The objectives of this water conservation plan are as follows:
■ To reduce water consumption from the levels that would prevail without
conservation efforts.
• To reduce the loss and waste of water.
• To improve efficiency in the use of water.
■ To document the level of recycling and reuse in the water supply.
• To extend the life of current water supplies by reducing the rate of growth in
demand.
The water conservation sections presented in this document were derived from a Model
Water Conservation Plan intended for adoption by the NTMWD Member Cities and
Customers. In order to adopt this NTMWD Model Plan, the City of Wylie will need to do
the following:
■ Complete the water utility profile(Appendix C).
1-1
Water Conservation Plan City of Wylie
• Complete the NTMWD member city annual water conservation report (Appendix
D).
• Complete the annual water conservation implementation report (Appendix I).
• Set five-year and ten-year goals for per capita water use(Table 4.1).
• Adopt an ordinance approving the plan.
The water utility profile, goals, and ordinance(s) or regulations will be provided to NTMWD
in draft form for review and comments. Final adopted versions will also be provided to
NTMWD, as well as TCEQ.
This Water Conservation Plan for the City of Wylie, Texas (City Plan) applies to all users
of the City of Wylie water supply.
This City Plan includes all of the elements required by TCEQ.
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Water Conservation Plan City of Wylie
2. TEXAS COMMISSION ON ENVIRONMENTAL QUALITY RULES
2.1 Conservation Plans
The TCEQ rules governing development of water conservation plans for public water
suppliers are contained in TAC Title 30, Part 1, Chapter 288, Subchapter A, Rule 288.2,
which is included in Appendix B. For the purpose of these rules, a water conservation plan
is defined as "A strategy or combination of strategies for reducing the volume of water
withdrawn from a water supply source, for reducing the loss or waste of water, for
maintaining or improving the efficiency in the use of water, for increasing the recycling and
reuse of water, and for preventing the pollution of water." The elements in the TCEQ water
conservation rules covered in the conservation sections of the City Plan are listed below.
Minimum Conservation Plan Requirements
The minimum requirements in the TAC for water conservation plans for Public Water
Suppliers are covered in this report as follows:
• 288.2(a)(1)(A)—Utility Profile—Section 3 and Appendix C
• 288.2(a)(1)(B)—Specification of Goals—Section 4
• 288.2(a)(1)(C)—Specific, Quantified Goals—Section 4
• 288.2(a)(1)(D)—Accurate Metering—Sections 5.1 and 5.2
• 288.2(a)(1)(E)—Universal Metering—Section 5.2
• 288.2(a)(1)(F)— Determination and Control of Unaccounted Water—Section 5.4
• 288.2(a)(1)(G)—Public Education and Infouliation Program—Section 6
• 288.2(a)(1)(H)—Non-Promotional Water Rate Structure—Section 7
• 288.2(a)(1)(I)—Reservoir System Operation Plan—Section 8.1
• 288.2(a)(1)(J)—Means of Implementation and Enforcement—Section 9
• 288.2(a)(1)(K) — Coordination with Regional Water Planning Group — Section 8.7
and Appendix F
• 288.2(c)—Review and Update of Plan—Section 10
Conservation Additional Requirements (Population over 5,000)
The TAC includes additional requirements for water conservation plans for Public Water
Suppliers serving a population over 5,000:
• 288.2(a)(2)(A) — Leak Detection, Repair, and Water Loss Accounting — Sections
5.4, 5.5, and 5.6
• 288.2(a)(2)(B)—Record Management System—Section 5.3
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Water Conservation Plan City of Wylie
• 288.2(a)(2)(C) — Requirement for Water Conservation Plans by Wholesale
Customers—Section 8.6
Additional Conservation Strategies
The TCEQ requires that a water conservation implementation report be completed and
submitted on an annual basis. This report is included in Appendix I.
In addition to the TCEQ required water conservation strategies, the NTMWD also requires
the following strategy to be included in the Member City and Customer plans and this
strategy is incorporated into the City Plan.
• 288.2(a)(3)(F) — Considerations for Landscape Water Management Regulations —
Section 8.4 and Appendix E
TCEQ rules also include optional, but not required, conservation strategies, which may be
adopted by suppliers. The NTMWD recommends that the following strategies be included
in the Member City and Customer water conservation plans:
• 288.2(a)(3)(A)—Conservation Oriented Water Rates—Section 7
• 288.2(a)(3)(B) — Ordinances, Plumbing Codes or Rules on Water-Conserving
Fixtures—Section 8.3
• 288.2(a)(3)(C) —Replacement or Retrofit of Water-Conserving Plumbing Fixtures—
Section 8.5
• 288.2(a)(3)(D)—Reuse and Recycling of Wastewater—Section 8.2
• 288.2(a)(3)(F) — Considerations for Landscape Water Management Regulations —
Section 8.5 and Appendix E
• 288.2(a)(3)(G)—Monitoring Method—Section 5.6
• 288.2(a)(3)(H)—Additional Conservation Ordinance Provisions—Section 8.5
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Water Conservation Plan City of Wylie
3. WATER UTILITY PROFILE
Appendix C to this City Plan is the City of Wylie water utility profile based on the format
recommended by the TCEQ. In adopting this City Plan, the City of Wylie will provide a
draft water utility profile to NTMWD for review and comment. A final water utility profile
will also be provided to NTMWD.
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Water Conservation Plan City of Wylie
4. SPECIFICATION OF WATER CONSERVATION GOALS
TCEQ rules require the adoption of specific water conservation goals for a water
conservation plan. As part of plan adoption, each Member City and Customer must develop
5-year and 10-year goals for per capita municipal use. These goals should be submitted to
NTMWD in draft form for review. The goals for this City Plan include the following:
• Maintain the per capita municipal water use below the specified amount in gallons
per capita per day in a dry year, as shown in the completed Table 4.1.
• Maintain the level of unaccounted water in the system below 12 percent annually in
2009 and subsequent years, as discussed in Section 5.4.
• Implement and maintain a program of universal metering and meter replacement and
repair, as discussed in Section 5.2.
• Increase efficient water usage through a water conservation ordinance, order or
resolution as discussed in Section 8.4 and Appendix E.
• Decrease waste in lawn irrigation by implementation and enforcement of landscape
water management regulations, as discussed in Section 8.5 and Appendix E.
• Raise public awareness of water conservation and encourage responsible public
behavior by a public education and infoiination program, as discussed in Section 6.
• Develop a system specific strategy to conserve water during peak demands, thereby
reducing the peak use.
Table 4.1
Five-Year and Ten-Year Municipal Per Capita Water Use Goals (gpcd)
Current 5-Year 10-Year
Description Average Goal Goal
(gpcd) (gpcd) (gpcd)
Current 5-Year Average Per Capita Municipal 119* 119* 119*
Use with Credit for Reuse
Expected Reduction due to Low-Flow 0 1 1
Plumbing Fixtures
Projected Reduction Due to Elements in this 0 3 3
City Plan
Water Conservation Goals (with credit for 119 115 115
reuse)
*Based on 2004-2008 consumption
4-1
Water Conservation Plan City of Wylie
5. METERING, WATER USE RECORDS, CONTROL OF UNACCOUNTED
WATER, AND LEAK DETECTION AND REPAIR
One of the key elements of water conservation is tracking water use and controlling losses
through illegal diversions and leaks. It is important to carefully meter water use, detect and
repair leaks in the distribution system and provide regular monitoring of unaccounted water.
5.1 Accurate Metering of Treated Water Deliveries from NTMWD
Water deliveries from NTMWD are metered by NTMWD using meters with accuracy of±2
percent. These meters are calibrated on a monthly basis by NTMWD to maintain the
required accuracy.
5.2 Metering of Customer and Public Uses and Meter Testing,Repair, and
Replacement
The provision of water to all customers, including private, public and governmental users,
will continue to be metered in the City of Wylie. The City of Wylie will test and replace
their residential customer meters on a regular basis. All residential customer meters will be
budgeted to be replaced on a minimum of a 15-year cycle. Additionally, large meters will
be regularly tested on no less than a 5-year interval and either maintained or replaced when
their test flow is more than a 3 percent difference from actual flow.
5.3 Record Management System
As required by TAC Title 30, Part 1,Chapter 288, Subchapter A,Rule 288.2(a)(2)(B), the
City of Wylie will maintain a customer billing and record management system that allows
for the separation of water sales and uses into residential, commercial,public/institutional,
and industrial categories. This information will be included in an annual water conservation
report, as described in Section 5.6. Should TCEQ, TWDB, or NTMWD require the
inclusion of additional customer classes, the City will add the required classes to its billing
and records management system.
5.4 Determination and Control of Unaccounted Water
Unaccounted water is the difference between water delivered to the City of Wylie from
NTMWD (and other supplies, if applicable) and metered water sales to customers plus
authorized but unmetered uses. (Authorized but unmetered uses would include use for fire
fighting, releases for flushing of lines, uses associated with new construction, etc.).
Unaccounted water can include several categories:
■ Inaccuracies in customer meters. (Customer meters tend to run more slowly as they
age and under-report actual use.)
■ Accounts which are being used but have not yet been added to the billing system.
■ Losses due to water main breaks and leaks in the water distribution system.
■ Losses due to fire fighting.
5-1
Water Conservation Plan City of Wylie
• Losses due to illegal connections and theft.
• Other.
Measures to control unaccounted water will be part of the routine operations of the City of
Wylie. Maintenance crews and personnel will test for, observe for, and report evidence of
leaks in the water distribution system. A leak detection and repair program is described in
Section 5.5 below. Meter services technicians and all City crews will watch for and report
signs of water loss and illegal connections, so they can be quickly addressed.
Unaccounted water should be calculated in accordance with the provisions of Appendix C.
With the measures described in this City Plan, the City of Wylie should maintain
unaccounted water below 12 percent in 2009 and subsequent years. If unaccounted water
exceeds this goal, the City of Wylie will implement a more intensive audit to determine the
source(s) of and reduce the unaccounted water. The annual conservation report described
below is the primary tool that should be used to monitor unaccounted water.
5.5 Leak Detection and Repair
As described above, City crews and personnel should look for and report evidence of leaks
in the water distribution system. Areas of the water distribution system, in which numerous
leaks and line breaks occur, should be targeted for replacement as funds are available.
5.6 Monitoring of Effectiveness and Efficiency - Annual Water Conservation
Report
Appendix D is a form that should be used in the development of an annual water
conservation report by the City of Wylie. This form should be completed by March 31 of
the following year and used to monitor the effectiveness and efficiency of the water
conservation program and to plan conservation-related activities for the next year. The form
records the water use by category, per capita municipal use, and unaccounted water for the
current year and compares them to historical values. The annual water conservation report
should be sent to NTMWD, which will monitor NTMWD Member Cities' and Customers'
water conservation trends.
5.7 Water Conservation Implementation Report
Appendix I includes the TCEQ-required water conservation implementation report. The
report is due to the TCEQ by May 1 of every year, starting in the year 2010. This report
lists the various water conservation strategies that have been implemented, including the
date the strategy was implemented. The report also calls for the five-year and ten-year per
capita water use goals from the water conservation plan. The reporting entity must answer
whether or not these goals have been met and if not, why not. The amount of water saved is
also requested.
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Water Conservation Plan City of Wylie
6. CONTINUING PUBLIC EDUCATION AND INFORMATION CAMPAIGN
The continuing public education and information campaign on water conservation includes
the following elements:
• Utilize the "Water IQ: Know Your Water" and other public education materials
produced by the NTMWD.
• Insert water conservation information with water bills. Inserts will include material
developed by the City of Wylie staff and material obtained from the NTMWD,
TWDB, TCEQ, and other sources.
• Encourage local media coverage of water conservation issues and the importance of
water conservation.
• Notify local organizations, schools, and civic groups that the City of Wylie staff and
staff of the NTMWD are available to make presentations on the importance of water
conservation and ways to save water.
• Promote the Texas Smartscape web site(www.txsmartscape.com) and provide water
conservation brochures and other water conservation materials available to the
public at City Hall and other public places.
• Make infoiiiiation on water conservation available on its web site and include links
to the "Water IQ: Know Your Water" website, Texas Smartscape web site and to
information on water conservation on the TWDB and TCEQ web sites and other
resources.
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Water Conservation Plan City of Wylie
7. WATER RATE STRUCTURE
The City of Wylie will continue to bill customers using an increasing block rate water
structure that is intended to encourage water conservation and discourage excessive use and
waste of water. An example water rate structure suggested by the NTMWD Model Plan is
provided below. The current City of Wylie rate structure is similar to the minimum
requirements suggested by the NTMWD.
Residential Rates
1. Monthly minimum charge. This can (but does not have to) include up to
2,000 gallons water use with no additional charge.
2. Base charge per 1,000 gallons up to the approximate average residential use.
3. 2"d tier (from the average to 2 times the approximate average) at 1.25 to 2.0
times the base charge.
4. 3`d tier (above 2 times the approximate average) at 1.25 to 2.0 times the 2nd
tier.
5. The residential rate can also include a lower tier for basic household use up to
4,000 gallons per month or a determined basic use.
Commercial/Industrial Rates
Commercial/industrial rates should include at least 2 tiers, with rates for the 2nd tier at
1.25 to 2.0 times the first tier. Higher water rates for commercial irrigation use are
encouraged, but not required.
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Water Conservation Plan City of Wylie
8. OTHER WATER CONSERVATION MEASURES
8.1 NTMWD System Operation Plan
Member Cities and Customers of NTMWD purchase treated water from NTMWD and do
not have surface water supplies for which to implement a system operation plan.
NTMWD's permits do allow some coordinated operation of its water supply sources, and
NTMWD is seeking additional water rights for coordinated operation to optimize its
available water supplies.
8.2 Reuse and Recycling of Wastewater
Most Member Cities and Customers do not own and operate their own wastewater treatment
plants. Their wastewater is treated by NTMWD. NTMWD currently has the largest
wastewater reuse program in the state. NTMWD has water rights allowing reuse of up to
71,882 acre-feet per year of this treated wastewater through Lake Lavon for municipal
purposes. In addition, NTMWD has also developed the East Fork Raw Water Supply
Project which can divert up to 157,393 acre-feet per year based on treated wastewater
discharges by the NTMWD. When fully developed, these two reuse projects will provide
up to 44 percent of the NTMWD's currently permitted water supplies. NTMWD also
provides treated effluent from its wastewater treatment plants available for direct reuse for
landscape irrigation and industrial use.
Although the City of Wylie does not operate its own wastewater treatment plant, the
NTMWD encourages those Member Cities and Customers who own and operate their own
wastewater treatment plants should move toward reusing treated effluent for irrigation
purposes at their plant site over the next three years. These entities should also seek other
alternatives for reuse of recycled wastewater effluent.
8.3 Ordinances, Plumbing Codes,or Rules on Water-Conserving Fixtures
The state has required water-conserving fixtures in new construction and renovations since
1992. The state standards call for flows of no more than 2.5 gallons per minute (gpm) for
faucets, 3.0 gpm for showerheads, and 1.6 gallons per flush for toilets. Similar standards are
now required nationally under federal law. These state and federal standards assure that all
new construction and renovations will use water-conserving fixtures. The City of Wylie
will continue to implement ordinances, plumbing codes, and rules on water conserving
fixtures as they evolve through relevant building codes and State of Texas requirements. A
rebate program to encourage water conservation through replacement of older fixtures may
be offered when resources are available. Items for a potential rebate program are described
in Section 8.5.
8.4 Landscape Water Management Measures
The following landscape water management measures are adopted for the City Plan.
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Water Conservation Plan City of Wylie
• Time of day restrictions prohibiting lawn irrigation watering from 10 AM to 6 PM
beginning April 1 and ending October 31 of each year.
• Prohibition of watering of impervious surfaces. (Wind driven water drift will be
taken into consideration.)
• Prohibition of outdoor watering during precipitation or freeze events.
• Lawn and landscape irrigation limited to twice per week as per the chart below:
Trash Day Watering Days
Monday Monday and Thursday
Tuesday Tuesday and Friday
Wednesday Wednesday and Saturday
Thursday Thursday and Sunday
Friday Friday and Monday
• Prohibition of the use of treated water to fill or refill residential, amenity, and any
other natural or manmade ponds. A pond is considered to be a still body of water
with a surface area of 500 square feet or more.
• Rain and freeze sensors and/or ET or Smart controllers required on all new
irrigation systems. Rain and freeze sensors and/or ET or Smart controllers must
be maintained to function properly.
• "At home" car washing can be done only when using a hose with a shut-off
nozzle.
• Prohibition of watering areas that have been overseeded with cool season grasses
(such as rye grass or other similar grasses), except for golf course and public
athletic fields.
8.5 Additional Water Conservation Measures
Appendix E is a summary of considerations for landscape water management regulations
adopted as part of the development of this water conservation plan. These regulations are
intended to minimize waste in landscape irrigation. Appendix E includes the required
landscape water measures in 8.4. In addition, the City of Wylie adopts the following as part
of the City Plan:
• Recommend, not require, that all existing irrigation systems be retrofitted with rain
and freeze sensors and/or ET or Smart controllers capable of multiple programming.
Rain and freeze sensors and/or ET or Smart controllers must be maintained to
function properly.
• Prohibition of use of poorly maintained irrigation systems that waste water.
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Water Conservation Plan City of Wylie
• Recommend no planting of cool season grasses (such as rye grass or other similar
grasses) that intensify cool season water requirements, with an exception allowed for
golf courses and public athletic fields.
• Requirement that the playing surface on all new public athletic fields be irrigated by
a separate programmable irrigation zone from surrounding areas.
• Requirement that all new or rehabilitated irrigation systems must be designed,
inspected, and installed in accordance with TCEQ rules.
In addition to the conservation measures described above and when resources are available,
the City of Wylie may offer rebates for purchase of water conserving devices. The items for
any potential City rebate program will change from time to time as the City's Water
Conservation Rebate Program evolves. These items may include:
• Low-flow toilet replacement and rebate programs,
• Rebates for rain and freeze sensors and/or ET or Smart controllers,
• Low-flow showerhead and sink aerators replacement programs or rebates,
• ET/Smart irrigation controller rebates,
• Water efficient clothes washer rebates,
• Pressure reducing valve installation rebates,
• On-demand hot water heater rebates,
• Rain barrel rebates, or
• Other water conservation incentive programs.
8.6 Requirement for Water Conservation Plans by Wholesale Customers
The NTMWD Model Plan requires that every contract for the wholesale sale of water by
Member Cities and/or Customers that is entered into, renewed, or extended after the
adoption of this water conservation plan will include a requirement that the wholesale
customer and any wholesale customers of that wholesale customer develop and implement a
water conservation plan meeting the requirements of TAC Title 30, Part 1, Chapter 288,
Subchapter A, Rule 288.2. The requirement will also extend to each successive wholesale
customer in the resale of the water. The City of Wylie does not currently contract for the
resale of water to wholesale customers.
8.7 Coordination with Regional Water Planning Group and NTMWD
Appendix F includes a letter sent by NTMWD to the Chair of the Region C water planning
group with their NTMWD Model Plan. The City of Wylie will send a copy of their draft
ordinance implementing the City Plan and their water utility profile to NTMWD for review
and comment. The adopted ordinance and the adopted water utility profile will be sent to
the Chair of the Region C Water Planning Group and to NTMWD.
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Water Conservation Plan City of Wylie
9. IMPLEMENTATION AND ENFORCEMENT OF THE WATER
CONSERVATION PLAN
Appendix G contains a copy of an ordinance, order, or resolution which may be tailored to
meet Member City or Customer City needs and be adopted by the City Council or governing
board regarding the water conservation plan. The ordinance, order, or resolution designates
responsible officials to implement and enforce the water conservation plan. Appendix E, the
considerations for landscape water management regulations, also includes information about
enforcement. Appendix H includes a copy of an ordinance, order, or resolution that may be
adopted related to illegal connections and water theft.
The City of Wylie is responsible for developing regulations, ordinances, policies, or
procedures for enforcement of water conservation guidelines. The City of Wylie will adopt
an ordinance(s) implementing the City Plan, which incorporates the NTMWD Model Plan,
including the determination of fines and enforcement procedures.
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Water Conservation Plan City of Wylie
10. REVIEW AND UPDATE OF WATER CONSERVATION PLAN
The City Plan will be updated based upon receipt of new or updated infoiiiiation, and as
required by the TCEQ.
APPENDIX A
LIST OF REFERENCES
Appendix A
List of References
(1) Title 30 of the Texas Administrative Code, Part 1, Chapter 288, Subchapter A,
Rules 288.1 and 288.2, downloaded from
httn:1/info.so s.state.tx us/pi s/pub/readta c$ex t.Vi ewTAC?tac view=48Lti=30&pt=1&
ch=288,July 2007.
(2) Water Conservation Implementation Task Force: "Texas Water Development Board
Report 362, Water Conservation Best Management Practices Guide," prepared for
the Texas Water Development Board, Austin,November 2004.
(3) Freese and Nichols, Inc.: North Texas Municipal Water District Water
Conservation and Drought Contingency/Water Emergency Response Plan, prepared
for the North Texas Municipal Water District, Fort Worth, March 2008.
The following conservation and drought contingency plans and related documents were
reviewed in the development of this plan. References marked with a * were used heavily
in the development of this plan.
(4) Edward Motley, Marisa Vergara,Tom Gooch, and Stephanie Griffin: Memorandum
to File on "Region C Municipal Water Use Projections Adopted on August 18,
2003,"Fort Worth, August 21, 2003.
(5) City of Austin Water Conservation Division: "City of Austin Water Drought
Contingency Plan, Developed to Meet Senate Bill 1 Regulatory Requirements,"
Austin, August 1999.
(6) City of Austin Water Conservation Division: "City of Austin Water Conservation
Plan, Developed to Meet Senate Bill 1 Regulatory Requirements," Austin, August
1999.
(7) Upper Trinity Regional Water District: "Water Conservation Plan and Emergency
Water Demand Management Plan," adopted by the Board of Directors, Lewisville,
August 5, 1999.
(8) Upper Trinity Regional Water District: "Water Conservation Plan and Emergency
Water Demand Management Plan (2002 Amended)," adopted by the Board of
Directors, Lewisville,February 2002.
(9) *City of Dallas Water Utilities Department: "City of Dallas Water Management
Plan," adopted by the City Council, Dallas, September 1999.
(10) Updates to City of Dallas Water Management Plan found at
http://www.dallascityhall.com in September 2003.
(11) *City of Dallas Water Utilities Department: "City of Dallas Water Conservation
Plan," adopted by the City Council, Dallas, September 1999.
(12) *City of Fort Worth: "Water Conservation plan for the City of Fort Worth," Fort
Worth, August 1999.
A-1
(13) Updates to the City of Fort Worth water conservation plan found at http://ci./fort-
worth.tx.us in September 2003.
(14) *City of Fort Worth: "Emergency Water Management Plan for the City of Fort
Worth,"Fort Worth, August 19, 2003.
(15) HDR Engineering, Inc.: "Water Conservation and Emergency Demand
Management Plan," prepared for the Tan-ant Regional Water District, Austin,
February 2000.
(16) Freese and Nichols, Inc.: "Water Conservation and Drought Contingency Plan,"
prepared for Brown County Water Improvement District No. 1, Fort Worth, August
1999.
(17) Freese and Nichols, Inc.: "Water Conservation and Drought Contingency Plan,"
prepared for the Sabine River Authority of Texas, Fort Worth, September 1994.
(18) HDR Engineering, Inc.: "Water Conservation and Emergency Demand
Management Plan," prepared for the Tarrant Regional Water District, Austin, June
1998.
(19) HDR Engineering, Inc.: "Water Conservation Plan for the City of Corpus Christi,"
adopted by the City of Corpus Christi City Council,August 24, 1999.
(20) City of Houston's water conservation plan downloaded September 2003 from
http://www.cityofhouston.gov
(21) City of Houston: "Ordinance N. 2001-753, Amending Chapter 47 of the Code of
Ordinances Relating to Water Emergencies,"Houston, August 2001.
(22) City of Houston: "Ordinance No. 98-764, Relating to Water Conservation,"
Houston, September 1998.
(23) City of Houston: "Water Conservation Plan," 1998.
(24) City of Houston: "Water Emergency Response Plan,"Houston,July 15, 1998.
(25) City of Lubbock: "Water Conservation Plan," ordinance number 10177 adopted by
the City Council in August 1999.
(26) City of El Paso Water Conservation Ordinance downloaded August 14, 2003 from
http://www.epwu.org/ordinance.html
(27) San Antonio Water System: "Water Conservation and Reuse Plan," San Antonio,
November 1998 with June 2002 updates.
(28) North Texas Municipal Water District: "District Policy No. 24 Water Conservation
Plan Containing Drought Contingency Plan," adopted August 1999.
(29) GDS Associates, Inc.: "Water Conservation Study," prepared for the Texas Water
Development Board, Fort Worth, 2002.
(30) A & N Technical Services, Inc.: "BMP Costs & Savings Study: A Guide to Data
and Methods for Cost-Effectiveness Analysis of Urban Water Conservation Best
Management Practices," prepared for The California Urban Water Conservation
Council, Santa Monica, California,July 2000.
A-2
(31) *City of Dallas: "City of Dallas Ordinances, Chapter 49, Section 21.1," Dallas,
October 1, 2001.
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APPENDIX B
TEXAS COMMISSION ON ENVIRONMENTAL QUALITY RULES
ON MUNICIPAL WATER CONSERVATION PLANS
APPENDIX B
Texas Commission on Environmental Quality Rules
on Municipal Water Conservation Plans
Texas Administrative Code
TITLE 30 ENVIRONMENTAL QUALITY
PART 1 TEXAS COMMISSION ON ENVIRONMENTAL QUALITY
CHAPTER 288 WATER CONSERVATION PLANS, DROUGHT
CONTINGENCY PLANS, GUIDELINES AND
REQUIREMENTS
SUBCHAPTER A WATER CONSERVATION PLANS
RULE §288.1 Definitions
The following words and terms, when used in this chapter, shall have the following
meanings, unless the context clearly indicates otherwise.
(1) Agricultural or Agriculture--Any of the following activities:
(A) cultivating the soil to produce crops for human food, animal feed,or planting
seed or for the production of fibers;
(B)the practice of floriculture, viticulture, silviculture, and horticulture,including the
cultivation of plants in containers or non-soil media by a nursery grower;
(C) raising, feeding, or keeping animals for breeding purposes or for the production
of food or fiber, leather, pelts,or other tangible products having a commercial
value;
(D)raising or keeping equine animals;
(E)wildlife management; and
(F)planting cover crops, including cover crops cultivated for transplantation, or
leaving land idle for the purpose of participating in any governmental program or
normal crop or livestock rotation procedure.
(2)Agricultural use--Any use or activity involving agriculture, including irrigation.
(3) Conservation--Those practices, techniques, and technologies that reduce the
consumption of water, reduce the loss or waste of water, improve the efficiency in
the use of water, or increase the recycling and reuse of water so that a water supply
is made available for future or alternative uses.
(4) Drought contingency plan--A strategy or combination of strategies for temporary
supply and demand management responses to temporary and potentially recurring
water supply shortages and other water supply emergencies. A drought contingency
plan may be a separate document identified as such or may be contained within
another water management document(s).
(5) Industrial use--The use of water in processes designed to convert materials of a lower
B-1
order of value into forms having greater usability and commercial value,
commercial fish production, and the development of power by means other than
hydroelectric, but does not include agricultural use.
(6) Irrigation--The agricultural use of water for the irrigation of crops, trees, and
pastureland, including,but not limited to, golf courses and parks which do not
receive water through a municipal distribution system.
(7)Irrigation water use efficiency--The percentage of that amount of irrigation water
which is beneficially used by agriculture crops or other vegetation relative to the
amount of water diverted from the source(s)of supply. Beneficial uses of water for
irrigation purposes include,but are not limited to, evapotranspiration needs for
vegetative maintenance and growth, salinity management, and leaching
requirements associated with irrigation.
(8) Mining use--The use of water for mining processes including hydraulic use, drilling,
washing sand and gravel, and oil field repressuring.
(9) Municipal per capita water use—The sum total of water diverted into a water supply
system for residential, commercial, and public and institutional uses divided by
actual population served.
(10)Municipal use--The use of potable water within or outside a municipality and its
environs whether supplied by a person,privately owned utility, political
subdivision, or other entity as well as the use of sewage effluent for certain
purposes, including the use of treated water for domestic purposes, fighting fires,
sprinkling streets, flushing sewers and drains, watering parks and parkways, and
recreational purposes, including public and private swimming pools, the use of
potable water in industrial and commercial enterprises supplied by a municipal
distribution system without special construction to meet its demands, and for the
watering of lawns and family gardens.
(11)Municipal use in gallons per capita per day--The total average daily amount of water
diverted or pumped for treatment for potable use by a public water supply system.
The calculation is made by dividing the water diverted or pumped for treatment for
potable use by population served. Indirect reuse volumes shall be credited against
total diversion volumes for the purpose of calculating gallons per capita per day for
targets and goals.
(12)Nursery grower--A person engaged in the practice of floriculture,viticulture,
silviculture, and horticulture, including the cultivation of plants in containers or
nonsoil media, who grows more than 50%of the products that the person either
sells or leases, regardless of the variety sold, leased, or grown. For the purpose of
this definition, grow means the actual cultivation or propagation of the product
beyond the mere holding or maintaining of the item prior to sale or lease, and
typically includes activities associated with the production or multiplying of stock
such as the development of new plants from cuttings, grafts,plugs, or seedlings.
(13)Pollution--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
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public health, safety,or welfare, or impairs the usefulness or the public enjoyment
of the water for any lawful or reasonable purpose.
(14) Public water supplier--An individual or entity that supplies water to the public for
human consumption.
(15)Regional water planning group--A group established by the Texas Water
Development Board to prepare a regional water plan under Texas Water Code,
§16.053.
(16) Retail public water supplier--An individual or entity that for compensation supplies
water to the public for human consumption. The term does not include an individual
or entity that supplies water to itself or its employees or tenants when that water is
not resold to or used by others.
(17) Reuse--The authorized use for one or more beneficial purposes of use of water that
remains unconsumed after the water is used for the original purpose of use and
before that water is either disposed of or discharged or otherwise allowed to flow
into a watercourse, lake, or other body of state-owned water.
(18)Water conservation plan--A strategy or combination of strategies for reducing the
volume of water withdrawn from a water supply source, for reducing the loss or
waste of water, for maintaining or improving the efficiency in the use of water, for
increasing the recycling and reuse of water, and for preventing the pollution of
water. A water conservation plan may be a separate document identified as such or
may be contained within another water management document(s).
(19) Wholesale public water supplier--An individual or entity that for compensation
supplies water to another for resale to the public for human consumption. The term
does not include an individual or entity that supplies water to itself or its employees
or tenants as an incident of that employee service or tenancy when that water is not
resold to or used by others, or an individual or entity that conveys water to another
individual or entity,but does not own the right to the water which is conveyed,
whether or not for a delivery fee.
Source Note: The provisions of this §288.1 adopted to be effective May 3, 1993, 18
TexReg 2558; amended to be effective February 21, 1999, 24 TexReg 949; amended to
be effective April 27, 2000, 25 TexReg 3544; amended to be effective August 15, 2002,
27 TexReg 7146, amended to be effective October 7, 2004, 29 TexReg 9384.
B-3
Texas Administrative Code
TITLE 30 ENVIRONMENTAL QUALITY
PART 1 TEXAS COMMISSION ON ENVIRONMENTAL QUALITY
CHAPTER 288 WATER CONSERVATION PLANS, DROUGHT
CONTINGENCY PLANS, GUIDELINES AND
REQUIREMENTS
SUBCHAPTER A WATER CONSERVATION PLANS
RULE §288.2 Water Conservation Plans for Municipal Uses by Public
Water Suppliers
(a)A water conservation plan for municipal water use by public water suppliers shall
provide information in response to the following. If the plan does not provide
information for each requirement, the public water supplier shall include in the plan
an explanation of why the requirement is not applicable.
(1) Minimum requirements. All water conservation plans for municipal uses by public
drinking water suppliers must include the following elements:
(A) a utility profile including,but not limited to, information regarding population
and customer data, water use data, water supply system data, and wastewater
system data;
(B) until May 1, 2005, specification of conservation goals including,but not
limited to, municipal per capita water use goals,the basis for the development
of such goals, and a time frame for achieving the specified goals;
(C)beginning May 1, 2005, specific, quantified five-year and ten-year targets for
water savings to include goals for water loss programs and goals for municipal
use, in gallons per capita per day. The goals established by a public water
supplier under this subparagraph are not enforceable;
(D)metering device(s), within an accuracy of plus or minus 5.0%in order to
measure and account for the amount of water diverted from the source of
supply;
(E) a program for universal metering of both customer and public uses of water,
for meter testing and repair, and for periodic meter replacement;
(F)measures to determine and control unaccounted-for uses of water(for
example, periodic visual inspections along distribution lines; annual or
monthly audit of the water system to determine illegal connections;
abandoned services; etc.);
(G) a program of continuing public education and information regarding water
conservation;
(H) a water rate structure which is not "promotional," i.e., a rate structure which is
cost-based and which does not encourage the excessive use of water;
(I) a reservoir systems operations plan, if applicable, providing for the
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coordinated operation of reservoirs owned by the applicant within a common
watershed or river basin in order to optimize available water supplies; and
(J)a means of implementation and enforcement which shall be evidenced by:
(i) a copy of the ordinance,resolution, or tariff,indicating official adoption of
the water conservation plan by the water supplier; and
(ii)a description of the authority by which the water supplier will implement
and enforce the conservation plan; and
(K)documentation of coordination with the regional water planning groups for
the service area of the public water supplier in order to ensure consistency
with the appropriate approved regional water plans.
(2) Additional content requirements. Water conservation plans for municipal uses by
public drinking water suppliers serving a current population of 5,000 or more
and/or a projected population of 5,000 or more within the next ten years
subsequent to the effective date of the plan must include the following elements:
(A) a program of leak detection, repair, and water loss accounting for the water
transmission, delivery, and distribution system in order to control
unaccounted-for uses of water;
(B) a record management system to record water pumped, water deliveries, water
sales, and water losses which allows for the desegregation of water sales and
uses into the following user classes:
(i) residential;
(ii) commercial;
(iii)public and institutional; and
(iv)industrial;
(C)a requirement in every wholesale water supply contract entered into or
renewed after official adoption of the plan(by either ordinance, resolution, or
tariff), and including any contract extension, that each successive wholesale
customer develop and implement a water conservation plan or water
conservation measures using the applicable elements in this chapter. If the
customer intends to resell the water, then the contract between the initial
supplier and customer must provide that the contract for the resale of the
water must have water conservation requirements so that each successive
customer in the resale of the water will be required to implement water
conservation measures in accordance with the provisions of this chapter.
(3)Additional conservation strategies. Any combination of the following strategies
shall be selected by the water supplier, in addition to the minimum requirements
in paragraphs(1) and(2)of this subsection, if they are necessary to achieve the
stated water conservation goals of the plan. The commission may require that any
of the following strategies be implemented by the water supplier if the
commission determines that the strategy is necessary to achieve the goals of the
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water conservation plan:
(A)conservation-oriented water rates and water rate structures such as uniform or
increasing block rate schedules, and/or seasonal rates,but not flat rate or
decreasing block rates;
(B) adoption of ordinances,plumbing codes, and/or rules requiring water-
conserving plumbing fixtures to be installed in new structures and existing
structures undergoing substantial modification or addition;
(C) a program for the replacement or retrofit of water-conserving plumbing
fixtures in existing structures;
(D) reuse and/or recycling of wastewater and/or graywater;
(E) a program for pressure control and/or reduction in the distribution system
and/or for customer connections;
(F) a program and/or ordinance(s) for landscape water management;
(G) a method for monitoring the effectiveness and efficiency of the water
conservation plan; and
(H) any other water conservation practice,method, or technique which the water
supplier shows to be appropriate for achieving the stated goal or goals of the
water conservation plan.
(b)A water conservation plan prepared in accordance with 31 TAC §363.15 (relating to
Required Water Conservation Plan)of the Texas Water Development Board and
substantially meeting the requirements of this section and other applicable
commission rules may be submitted to meet application requirements in accordance
with a memorandum of understanding between the commission and the Texas Water
Development Board.
(c)Beginning May 1, 2005, a public water supplier for municipal use shall review and
update its water conservation plan, as appropriate, based on an assessment of previous
five-year and ten-year targets and any other new or updated information. The public
water supplier for municipal use shall review and update the next revision of its water
conservation plan not later than May 1, 2009, and every five years after that date to
coincide with the regional water planning group.
Source Note: The provisions of this §288.2 adopted to be effective May 3, 1993, 18
TexReg 2558; amended to be effective February 21, 1999, 24 TexReg 949; amended to
be effective April 27, 2000, 25 TexReg 3544; amended to be effective October 7, 2004,
29 TexReg 9384.
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APPENDIX C
TCEQ WATER UTILITY PROFILE
APPENDIX C
Water Utility Profile Based on TCEQ Format(Updated to Match November 5,2004 TCEQ Profile)
The purpose of the Water Utility Profile is to assist an applicant with water conservation plan development and to ensure that
important information and data be considered when preparing your water conservation plan and goals. You may contact the
Municipal Water Conservation Unit of the TWDB at 512-936-2391 for assistance,or the Resource Protection Team at 512-239-
4691 if submitted to the TCEQ. You may also contact Denise Hickey of NTMWD at 972/442-5405 or Tom Gooch of Freese and
Nichols at 817/735-7300.
Name of Entity: City of Wylie
Address&Zip: 949 Henlsey Lane
Telephone Number: (972)442-7588
Fax Number (972)442-8198
Form Completed by: Albert Garza
Title: Water Quality Specialist
Signature:
Date: 03/27/2009
Name and phone number of person/department responsible for implementing a water conservation program:
Name:
Phone Number:
I. POPULATION AND CUSTOMER DATA
A. Population and Service Area Data
1. Please attach a copy of your service-area map and,if applicable,a copy of your Certificate of Convenience and Necessity
and a service-area map.
2. Service area size(square miles): ia
3. Current population of service area: 40.941 as of year ZQL3$
4. Current population served by utility:
water: 35.280
wastewater: 40,941
5. Population served by water utility for the previous five years. (Please list by year in ascending order.):
Year Population
2004 27,093
2005 31,710
2006 33,441
2007. 34,833
2008 35,280
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6. Projected population for service area in the following decades:
` Year Population
2010 41,300
2015 48,400
2020 55,600
2025 60,000
2030 62,500
2035 65,000
7. List source/method for the calculation of current and projected population:
NTMWD
B. Active Connections
1. Current number of active connections.
Check whether multi-family service is counted as Residential_x_ or Commercial_x_.
Current year is: 2008
Treated
Water Users Metered Non-Metered Total
Residential 10,356 10,356
Commercial 479 479
Industrial 14 14
Other 49 49
Total 10,898 0 10,898
2. List the net number of new connections per year for most recent three years:
Year 2006 I 2007 2008
Residential 2,410 2,335 1,922
Commercial - 44 60 93 _
Industrial 0 0 1
Other 5 9 1
Total 2,459 2,404 2,017
C. High Volume Customers
List annual water use for the five highest volume customers.
(Please indicate if treated or raw water delivery.):
Use Treated or .
Customer (1,000 gal/yr) Raw Water?
Global Innovation 43,203 Treated
Wylie Ventures 12,320 Treated
Yes Company(South Fork) 11,963 Treated ,
WISD Jr. High#3 ; 11,632 I Treated
Nortex Nursy 9,411 I Treated
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II. WATER USE DATA FOR SERVICE AREA
A. Water Accounting Data
I. Amount of water use for previous five years(in 1,000 gal):
Please indicate: Diverted Water
Treated Water x
Year 2004 2005 2006 1 2007 1 2008
January 74,480 79,628 110,5411 84,925 104,353
February 65,350 72,553 80,463 77,494 94,476
March 78,480 82,528 97,6451 98,698 111,625
April 104,480 109,906 134,1091 94,440 117,428
May 124,800 137,194 157,343 104,400 155,993_
June 104,180 161,581 180,566 101,243 112,699
;July 153,570 177,715 182,268 107,955 212,770
August 159,910 193,683 207,038 172,4271 196,442
September 138,290 206,295 159,627 153,112 143,573
October 107,260 164,131 131,054 137,808 146,533
November 80,720 117,758 105,350 124,1001 88,932
December 82,250 97,624 89,607 99,705 88,879
Total 1,273,770 1,600,5961 1,635,611 1,356,307 1,573,703
Please indicate how the above figures were determined(e.g.,from a master meter located at the point of diversion,from a
stream,or located at a point where raw water enters the treatment plant,or from water sales)
Master meters located at point of entry
2. Amount of water(in 1,000 gallons)delivered(sold)as recorded by the following account types No Wholesale
Year Residential Commercial Industrial I Bulk Public/Institulonal Total Sold
2004 762,929 I 210,160 59,325 I 3,138 1 42,634 1,078,186
2005 971,934 262,507 87,029 1 28,173 73,127 1,422,770
2006 1,019,082 ' 198,426 118,468 I 34,293 57,231 1,427,500
2007 821,379 I 165,679 83,438 9,785 54,790 1,135,071 _ _
2008 1,070,612 I 219,958 68,164 9,524 78,248 1,446,506
3. List previous five years records for water loss (the difference between water diverted(or treated)and
water delivered(sold)).
Data is calculated in Appendix D on tab"D-4". TWDB requires that the data for this entry be reported in gallons.
YearAmount(gal.)',
2004 195,610,000 15.34
2005 135,702,0001 8.48
2006 141,760,000 8.67
2007 185,266,000 13.66
2008 70,247,000 4.46
C-3
4. Municipal water use for previous five years:
Total Diverted
(or Treated)
Year Population (1,000 gal)
2004 27,093 22,573
2005 31,710 , 40,480
2006 33,441 19,083
2007 34,833 18,126 _
2008 35,280 24,530
B. Projected Water Demands
If applicable,attach projected water supply demands for the next ten years using information such as
population trends,historical water use,and economic growth in the service area over the next ten years and
any additional water supply requirement from such growth.
Projected
Demand(Ac-
Year Ft) Source of data Additional Water Supply Requirements
2010 7,191 NTMWD
2015 8,356 1— NTMWD
2020 9,521 NTMWD
2025 10,283 NTMWD
2030 10,720 NTMWD
2035 11,157 NTMWD
Ill. WATER SUPPLY SYSTEM DATA
A. Water Supply Sources
List all current water supply sources and the amounts authorized with each:
Type Source Amount Available(AF/Y)
Surface Water
Groundwater
Contracts North Texas Municipal Water District(SW) 5283.9
Other
C-4
B. Treatment and Distribution System
1. Design daily capacity of system: 9.3 MGD
2. Storage capacity:
Elevated MG
Ground 3.1 MG
3. if surface water,do you recycle filter backwash to the head of the plant?
Yes No . If yes,approximately MGD.
4. Please attach a description of the water system. Include the number of treatment plants,wells,and storage
tanks. If possible,include a sketch of the system layout.
IV. WASTEWATER SYSTEM DATA
A. Wastewater System Data
1. Design capacity of wastewater treatment plant(s): 12 MGD
2. Is treated effluent used for irrigation on-site x ,off-siie_,plant washdown x ,or •
chlorination/dechlorination x ? If yes,approximately_gallons per month. (Not metered)
3. Briefly describe the wastewater system(s)of the area serviced by the water utility. Describe how
treated wastewater is disposed of. Where applicable,identify treatment plant(s)with the TCEQ name and number,the
operator,owner,and,if wastewater is discharged,the receiving stream. Please provide a sketch or map which located the
plant(s)and discharge or disposal sites.:
_
Treatment Plant Name TCEQ Number Operator Owner Receiving Stream j
Wylie Treatment Plant 1 WQ0010384001 See Comments NTMWD Muddy Creek
Muddy Creek Treatment Plant nWQ0014216001 See Comments NTMWD Muddy Creek
C-5
B. Wastewater Data for Service Area
1. Percent of water service area served by wastewater system: 99
2. Monthly wastewater volume for previous three years(in 1,000 gallons):
Year 2006 2007 2008
January 130 193 135
February 133 119 134
March 160 145_ 211
April 119 138 149
May 123 152 137
June 97' 199 125
July 1021 182 125
August 108 132 133
September 107 135 128
October 127 135 124
November 1,001 119 132
December 140 137 136
Total _ 2,347 1,784 1,6701
C-6
Appendix Cl
Definitions of Commonly Used Terms
Conservation-Those practices,techniques,and technologies that reduce the consumption of water,
reduce the loss or waste of water,improve the efficiency in the use of water,or increase the recycling
and reuse of water so that a water supply is made available for future or alternative uses.
Industrial use - The use of water in processes designed to convert materials of a lower order of
value into forms having greater usability and commercial value,commercial fish production,and the
development of power by means other than hydroelectric,but does not include agricultural use.
Irrigation - The agricultural use of water for the irrigation of crops, trees, and pastureland,
including,but not limited to,golf courses and parks which do not receive water through a municipal
distribution system.
Municipal per capita water use-The sum total of water diverted into a water supply system for
residential, commercial, and public and institutional uses divided by actual population served.
Municipal use-The use of potable water within or outside a municipality and its environs whether
supplied by a person,privately owned utility,political subdivision,or other entity as well as the use
of sewage effluent for certain purposes, including the use of treated water for domestic purposes,
fighting fires, sprinkling streets, flushing sewers and drains, watering parks and parkways, and
recreational purposes, including public and private swimming pools, the use of potable water in
industrial and commercial enterprises supplied by a municipal distribution system without special
construction to meet its demands, and for the watering of lawns and family gardens.
Municipal use in gallons per capita per day-The total average daily amount of water diverted or
pumped for treatment for potable use by a public water supply system. The calculation is made by
dividing the water diverted or pumped for treatment for potable use by population served. Indirect
reuse volumes shall be credited against total diversion volumes for the purpose of calculating gallons
per capita per day for targets and goals.
Pollution - 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.
Public water supplier - An individual or entity that supplies water to the public for human
consumption.
Regional water planning group-A group established by the Texas Water Development Board to
prepare a regional water plan under Texas Water Code, ' 16.053.
Retail public water supplier-An individual or entity that for compensation supplies water to the
C1-1
public for human consumption. The term does not include an individual or entity that supplies water
to itself or its employees or tenants when that water is not resold to or used by others.
Reuse - The authorized use for one or more beneficial purposes of use of water that remains
unconsumed after the water is used for the original purpose of use and before that water is either
disposed of or discharged or otherwise allowed to flow into a watercourse, lake, or other body of
state-owned water.
Water conservation plan-A strategy or combination of strategies for reducing the volume of water
withdrawn from a water supply source, for reducing the loss or waste of water, for maintaining or
improving the efficiency in the use of water,for increasing the recycling and reuse of water,and for
preventing the pollution of water. A water conservation plan may be a separate document identified
as such or may be contained within another water management document(s).
Water loss-The difference between water diverted or treated and water delivered(sold).Water loss
can result from:
1. inaccurate or incomplete record keeping;
2. meter error;
3. unmetered uses such as firefighting, line flushing, and water for public buildings and
water treatment plants;
4. leaks; and
5. water theft and unauthorized use.
Wholesale public water supplier-An individual or entity that for compensation supplies water to
another for resale to the public for human consumption. The term does not include an individual or
entity that supplies water to itself or its employees or tenants as an incident of that employee service
or tenancy when that water is not resold to or used by others,or an individual or entity that conveys
water to another individual or entity, but does not own the right to the water which is conveyed,
whether or not for a delivery fee.
If you have any questions on how to fill out this form or about the
program, please contact us at 512/239-
Individuals are entitled to request and review their personal information that the agency gathers on its
forms. They may also have any errors in their information corrected. To review such information,
contact us at 512-239-3282.
C1-2
APPENDIX D
NTMWD MEMBER CITY AND CUSTOMER ANNUAL WATER
CONSERVATION REPORT
APPENDLX D
NTMWD MEMBER CITY AND CUSTOMER WAFER CONSERVATION REPOR'I
Due:March 31 of every year
Entity Reporting: City of Wylie
Filled Out By: Albert Garza
Date Completed: 3/26/2009
Year Covered: 2008
#of Connections 11,760
Recorded Deliveries and Sales by Month(in Million Gallons):
Deliveries Other Sales by Category
Month from Public/
Supplies Residential Commercial Ins tutional Industrial Bulk Water Total
NTMWD ti
January 104.353 52.995 10.888 3.873 3.374 0.706 71.835
February 94.476 49.053 10,078 3.585 3.123 0.118 65.957
March 111.625 60,364 12.402 4.412 3.843 0.448 81.464
April 117.428 63.931 13.135 4.673 4.070 0.072 135.881
May 155.993 95.323 19.584 6.967 6.069 0.020 127.963
June 112.669 103.665 21.298 7.577 6.600 0.355 139.495
July 212.770 177.640 36.496 12.983 11.310 2.879 241.308
August 196.442 136.527 28.050 9.978 8.692 1.781 185.028
September 143.573 109.031 22.400 7.969 6.942 0.000 146.342
October 146.553 91.258 18.749 6.670 5.810 1.716 124.203
November 88.932 63.876 13.123 4.669 4.067 0.033_ .8-5.767
December 88.879 66.949 13.755 4.893 4.263 1.397 91.257
TOTAL 1,573.693 0.000 1,070.611 219.957 78.248 68.163 9.523 1,446.503
Unaccounted Water(Million Gallons):
NTMWD Deliveries 1,573.693 from Table above
Other Supplies 0.000 from Table above
Total Supplies 1,573.693 from Table above
Total Sales 1,446.503 from Table above
Estimated Fire Use 0.059 estimated from best available data
Estimated Line Flushing Use 56.882 estimated from best available data
Unaccounted Water 70.249
%Unaccounted 4.46%
Goal for%Unaccounted 12.00%
D-1
Per Capita Municipal Use(Gallons per person per day)
Municipal Use(MG) 1,496.006 from Table above(NTMWD deliveries+other supplies-industrial sales-municipal sales-other sales)
Estimated Population 35,280 please describe source of population estimate Reference RG-195 Rules and Regulations for Pubic
Per Capita Use(gpcd) 116 Water Systems 290.38(10). Population was
5-year Per Capita Goal(119) determined by multipling the number of service
10-year Per Capita Goal(119) connection by three.Service connections in an
apartment complex would be equal the number of
Recorded Wholesale Sales by Month(in Million Gallons): indivival apartment units.
Sales to Sales to Sales to Sales to Sales to Sales to Sales to Total Wholesale
Month
Sales
January 0.000
February 0.000
March 0.000
Aeril 0.000
May 0.000
June 0.000
July 0.000
Au_grust 0.000
September 0.000
October 0.000
November 0.000
December 0.000
TOTAL 0.000 0.000 0.000 0.000 0.000 0.000 0.000 0.000
Information on Wholesale Customers:
Estimated
Customer Population
D-2
Unusual Circumstances(use additional sheets if necessari):
On June 6,2008 the City of Wylie and North Texas Municipal Water District(NTMWD)representatives met at Nortex and Newport Harbor pump
stations to conduct a volumetric test. Upon completion of the test at both pump stations,it was determined that NTMWD meters were out of calibration
accuracy of more than±2%,Nortcx pump station was at plus 30%and Newport Harbor at plus 10%out of calibration. On July 29,2008 the City of
Wylie also had ADS Environmental Services conducted a Pitometer test for accuracy on the venturi meter at Wylie-1,the results of the Pitometer test
showed the meter to be over-registering by 9%.
Progress in Implementation of Conservation Plan(use additional sheets if necessary):
The City of Wylie is currently keeping track of all unmetcred water through out the City by monitoring the following:Firefighting,Dead End Main
Flushing,Street Cleaning,Water Main Breaks and Sewer Cleaning. Conservation Plan is scheduled for Council approval on 4-14-09
Conservation measures planned for next year(use additional sheets if necessary):
Public education by posting information on City website,insert in utility bill,and local news letter.Staff will educate the public as needed when wasteful
practices are observed,Enforcement if necessary.
D-3
Assistance requested from North Texas Municipal Water District(use additional sheets if necessary):
Please continue to fund the Water IQ program.
Other(use additional sheets if necessary):
D-4
Historical Water Use Data for The City of Wylie
r Deliveries Metered Sales by Ca •!ory(Million Gallons) 1
Other
Estimated from
Year Connections Supplies Public/
Population NTMWD Residential Conunerei• Institutional Industrial Wholesale Bulk Sale Total
(MG)
(MG)
1990
1991
0.1111
1992 Ilirm
1993 OM.
11 0.011
0.000
11999945MM
19961111
1,...... 0:0001:.:„
1997 EIMIMI 0.0111
1998 0.111
1999 0.000
2000 0.111,
2001 0.001
2002= MIMME1 Oil,
2003
0.0 i i
2004 9,031 27,093 1,274.770 762.929 210.160 42.634 59.325 3.138 1,078.185
2005 10,570 31,710 1,600.599 971.934 262.507 73.127 87.029 28.178 1,422.774
2006 11,052 33,156 1,635.609 MIN 1,019.082 198.426 57.231 118.468 34.293 1,427.51 1
2007 11,147 33,441 1,356.306 82[379 165.679 54.790 83.438 9.785 1,135.071
2008 11,760 35,280 1,573.693 1,070.612 219.958 78.248 68.164 9.523 1,446.505
2009 =MI 0.0011
2010 IIII=MIIMIll .1= 0.0111
D-5
Historical Per Capita Use Data and Unaccounted Water for The City of Wylie
,m. .
In-City Per Capita Deliveries Estimated
Other Total Estimated Unaccounted
Estimated Municipal Municipal from Line %
Year Supplies Metered Fire Use Water
Population Use Use NTMWD Flushing Unaccounted
(MG) (gpcd) (MG)
(MG) Sales (MG) (MG) (MG)
(MG)
1990 0.000 #DIV/0! 0.000 0.000 0.000 0.000 #DIV/0!
1991 0.000 #DIV/0! 0.000 0.000 0.000 0.000 #DIV/0!
1992 0.000 #DIV/0! 0.000 0.000 0.000 0.000 #DIV/0!
1993 0.000 #DIV/0! 0.000 0.000 0.000 0.000 #D1V/0!
1994 _ 0.000 #DIV/0! 0.000 0.000 0.000 0.000 #DIV/0!
1995 0.000 #DIV/0! 0.000 0.000 0.000 0.000 #DIV/0!
1996 0.000 #DIV/0! 0.000 0.000 0.000 0.000 #DIV/0!
1997 0.000 #DIV/0! 0.000 0.000 0.000 0.000 #DIV/0!
1998 0.000 #DIV/0! 0.000 0.000 0.000 0.000 #DIV/0!
1999 0.000 #DIV/0! 0.000 0.000 0.000 0.000 #DIV/0!
2000 0.000 #DIV/0! 0.000 0.000 0.000 0.000 #DIV/0!
2001 0.000 #DIV/0! 0.000 0.000 0.000 0.000 #DIV/0!
2002 0.000 #DIV/0! 0.000 0.000 0.000 0.000 #DIV/0!
2003 0.000 #DIV/0! 0.000 0.000 0.000, 0.000 #DIV/0!
2004 27,093 1,212.307 123 1,274.770 0.000 1,078.185 0.975 195.610 15.34%
2005 31,710 1,485.393 128 1,600.599 0.000 1,422.774 13.950 28.173 135.702 8.48%
2006 33,156 1,482.848 123 1,635.609 0.000 1,427.500 0.039 66.310 141.760 8.67%
2007 33,141 1,263.083 104 1,356.306 0.000 1,135.071 0.033 35.936 185.266 13.66%
2008 35,280 1,496.006 116 1,573.693 0.000 1,446.505 0.059 56.882 70.247 4.46%
2009 0.000 #DIV/0! 0.000 0.000 0.000 0.000 #DIV/0!
2010 0.000 #DIV/0! 0.000 0.000_, 0.000 0.000 #DIV/0!
--
Note: In-city municipal use=total water supplied less sales to industry, wholesale sales and other sales.
D-6
Estimated Population
til
C co) .C) Vi t
C
o .c,
(§) §
8 § 8 §
c, 0
i
1990
1991
1992
1
1993
1994
1995
_ Intl
1996 a
- S
Do
1997
1998 .4.
rs)
t-J e
41 1999 "foie
fl
flo 2000 *0
.1 0
, lz
2001 =
1.0.
2002 ::$c)
2003
2004 '
2005
2006
,immini.
2007 0 i
2008
2009 i 4
2010
, £ ,, -
Historical Water Use in Million Gallons
00
'00
0 C>
1990
1991
1992
1993
1994
1995
1996
1997
1998
1999
pI
etato 2000
cc 2001 •
1:14
2002
2003 et)
2004
2005
2006 H
2007
111MillIMMIE
2008 n
2009
2010
111
tin IA 0
1.21-
1::;1
. .
Historical Water Sales by Classification
I,600.000 -
I,400.000
I
II
0
= 1,200.000
es
C., U Other Sales
=
4:I
1 1,000.000 • 0 U Wholesale Sales
.E U Industrial Sales
v.1
410 800.000
et
u) El Public/Institutional
ii.
4p... Sales
cis 600.000 .. _
i Commercial Sales
Ts
eiso
400 000 UResidential Sales
_
. „_ .
.4.4
4ft
0:1
200.000 - —
0.000 i 1 . I , i I . . 1 i , . i . .
o — (-4 In -1- kn r--- oo cp, § . (...,) rn ‘4.- kil \c) 08 o
s c,
ON 0' ON ON ON CN ON ON ON ON 0 0 0 8 8 8
ON ON ON ON ON ON ON ON ON 0' 0. 0 0 0 C 0 0
""1 sr-4 ‘—'4 ,--4 1-4 ,."''' ‘'''S T-1 ,—, ,--, c\1 (\I el r cN1 C4 C-4 C,1 Cl r4 (NI
Year
D-9
Per Capita Municipal Use in GPCD
0 0 0 0 0 0 0 0
1990
1991
1992
1993
1994
1995
F k 5
1996E
CD
of
1997
1998 et
n
Dil
9 1999 "'C
aiu: 200°
4
in , 1:
E.
2001 2.
Piz
2002
i451
2003
2004
2005
2006
2007
11111111
2008
2009 ' k
2010
Percent of Water Unaccounted
00 00
1990
1991
1992
1993
1994
1995
1996
1997 4:1
1998 '1
ti)
5:7 1999
2000
2001
2002
ft
2003
2004
2005
2006
II I=
2007
2008
2009
2010
APPENDIX E
CONSIDERATIONS FOR LANDSCAPE
WATER MANAGEMENT REGULATIONS
APPENDIX E
Considerations for Landscape Water Management Regulations
A. Purpose
The purpose of these proposed landscape water management regulations is to
provide a consistent mechanism for preventing the waste of water resources. To
enact these provisions, entities must verify legal authority to adopt such
provisions, and must promulgate valid rules, orders,or ordinances.
B. Required Measures
The following landscape water conservation measures are required to be included
in the landscape management regulations adopted and enforced in this plan.
1. Lawn and Landscape Irrigation Restrictions
a. A person commits an offense if the person irrigates, waters, or knowingly
or recklessly causes or allows the irrigation or watering of any lawn or
landscape located on any property owned, leased, or managed by the
person between the hours of 10:00 a.m. and 6:00 p.m. from April 1
through October 31 of any year.
b. A person commits an offense if the person knowingly or recklessly
irrigates, waters, or causes or allows the irrigation or watering of lawn or
landscape located on any property owned, leased, or managed by that
person in such a manner that causes:
i. over-watering lawn or landscape, such that a constant stream of water
overflows from the lawn or landscape onto a street or other drainage
area; or
ii. irrigating lawn or landscape during any form of precipitation or
freezing conditions. This restriction applies to all forms of irrigation,
including automatic sprinkler systems; or
iii. the irrigation of impervious surfaces or other non-irrigated areas, wind
driven water drift taken into consideration.
c. A person commits an offense if the person knowingly or recklessly allows
the irrigation or watering of any lawn or landscape located on any property
owned, leased, or managed by the person more than two times per week
(Sunday through Saturday).
2. Rain and Freeze Sensors and/or ET or Smart Controllers
a. Any new irrigation system installed on or after May 1, 2009, must be
equipped with rain and freeze sensing devices and/or ET or Smart
controllers in compliance with state design and installation regulations.
b. A person commits an offense on property owned, leased or managed if the
person:
E-1
i. knowingly or recklessly installs or allows the installation of new
irrigation systems in violation of Subsection B.2.a; or
ii. knowingly or recklessly operates or allows the operation of an
irrigation system that does not comply with Subsection B.2.a.
3. Filling or Refilling of Ponds
a. A person commits an offense if the person knowingly or recklessly fills or
refills any natural or manmade pond located on any property owned,
leased, or managed by the person by introducing any treated water to fill
or refill the pond. This does not restrict the filling or maintenance of pond
levels by the effect of natural water runoff or the introduction of well
water into the pond. A pond is considered to be a still body of water with
a surface area of 500 square feet or more.
4. Washing of Vehicles
a. A person commits an offense if the person knowingly or recklessly washes
a vehicle without using a water hose with a shut-off nozzle on any
property owned, leased, or managed by the person.
5. Enforcement
a. Each entity will develop its own set of penalties for violations of the
ordinance, order, or resolution. The ordinance, order, or resolution will
designate the responsible official(s) to implement and enforce the
landscape water conservation measures.
C. Recommended Measures
1. Lawn and Landscape Irrigation Restrictions
a. A person commits an offense if the person knowingly or recklessly
operates a lawn or irrigation system or device on property that the person
owns, leases, or manages that:
i. has broken or missing sprinkler head(s); or
ii. has not been properly maintained to prevent the waste of water.
b. All new athletic fields must have separate irrigation systems that are
capable of irrigating the playing fields separately from other open spaces.
2. Rain and Freeze Sensors
a. Existing irrigation systems must be retrofitted with similar rain and freeze
sensors capable of multiprogramming within 5 years.
D. Variances
1. In special cases, variances may be granted to persons demonstrating
extreme hardship or need. Variances may be granted under the following
circumstances:
E-2
a. the applicant must sign a compliance agreement agreeing to
irrigate or water the lawn and/or landscape only in the amount and
manner permitted by the variance; and
b. the variance must not cause an immediate significant reduction to
the water supply; and
c. the extreme hardship or need requiring the variance must relate to
the health, safety,or welfare of the person making the request; and
d. the health, safety, and welfare of the public and the person making
the request must not be adversely affected by the requested
variance.
2. A variance will be revoked upon a finding that:
a. the applicant can no longer demonstrate extreme hardship or need;
or
b. the terms of the compliance agreement are violated; or
c. the health, safety, or welfare of the public or other persons requires
revocation.
E-3
APPENDIX F
LETTERS TO REGION C AND REGION D
WATER PLANNING GROUPS
APPENDIX F
Letters to Region C and Region D Water Planning Groups
Date
Region C Water Planning Group
North Texas Municipal Water District
P.O. Box 2408
Wylie,TX 75098
Dear Sir:
Enclosed please find a copy of the recently updated Model Water Conservation Plan for
the Member Cities and Customers of the North Texas Municipal Water District I am
submitting a copy of this model plan to the Region C Water Planning Group in
accordance with the Texas Water Development Board and Texas Commission on
Environmental Quality rules. The Board of the North Texas Municipal Water District
adopted the updated model plan on 2008.
Sincerely,
Jim Parks
North Texas Municipal Water District
F-1
Date
Mr. Jim Thompson
Chair,Region D Water Planning Group
P.O. Box 1107
Atlanta, TX 75551
Dear Mr. Thompson:
Enclosed please find a copy of the recently updated Model Water Conservation Plan for
the Member Cities and Customers of the North Texas Municipal Water District. I am
submitting a copy of this model plan to the Region D Water Planning Group in
accordance with the Texas Water Development Board and Texas Commission on
Environmental Quality rules. The Board of the North Texas Municipal Water District
adopted the updated model plan on , 2008.
Sincerely,
Jim Parks
Executive Director
North Texas Municipal Water District
F-2
APPENDIX G
ADOPTION OF WATER CONSERVATION PLAN
APPENDIX G
Adoption of Water Conservation Plan
Municipal Ordinance
Adopting Water Conservation Plan
Ordinance No.
AN ORDINANCE ADOPTING A WATER CONSERVATION PLAN FOR THE
CITY OF TO PROMOTE RESPONSIBLE USE OF WATER AND TO
PROVIDE FOR PENALTIES AND/OR THK DISCONNECTION OF WATER
SERVICE FOR NONCOMPLIANCE WITH THE PROVISIONS OF THE
WATER CONSERVATION PLAN.
WHEREAS, the City of , Texas (the "City"), recognizes that the amount of water
available to its water customers is limited; and
WHEREAS, the City recognizes that due to natural limitations, drought conditions,
system failures and other acts of God which may occur, the City cannot guarantee an
uninterrupted water supply for all purposes at all times; and
WHEREAS, the Water Code and the regulations of the Texas Commission on
Environmental Quality (the "Commission") require that the City adopt a Water
Conservation Plan; and
WHEREAS, the City has determined an urgent need in the best interest of the public to
adopt a Water Conservation Plan; and
WHEREAS, pursuant to Chapter 54 of the Local Government Code, the City is
authorized to adopt such Ordinances necessary to preserve and conserve its water
resources; and
WHEREAS, the City Council of the City of desires to adopt the North Texas
Municipal Water District (the "NTMWD") Model Water Conservation Plan as official
City policy for the conservation of water.
NOW THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE
CITY OF THAT:
Section 1. The City Council hereby approves and adopts the NTMWD Model Water
Conservation Plan (the "Plan"), attached hereto as Addendum A, as if recited verbatim
herein. The City commits to implement the requirements and procedures set forth in the
adopted Plan.
G-1
Section 2. Any customer, defined pursuant to 30 Tex. Admin. Code Chapter 291, failing
to comply with the provisions of the Plan shall be subject to a fine of up to two thousand
dollars ($2,000.00) and/or discontinuance of water service by the City. Proof of a
culpable mental state is not required for a conviction of an offense under this section.
Each day a customer fails to comply with the Plan is a separate violation. The City's
authority to seek injunctive or other civil relief available under the law is not limited by
this section.
Section 3. The City Council does hereby find and declare that sufficient written notice of
the date, hour, place and subject of the meeting adopting this Ordinance was posted at a
designated place convenient to the public for the time required by law preceding the
meeting, that such place of posting was readily accessible at all times to the general
public, and that all of the foregoing was done as required by law at all times during which
this Ordinance and the subject matter thereof has been discussed, considered and
formally acted upon. The City Council further ratifies, approves and confirms such
written notice and the posting thereof.
Section 4. Should any paragraph, sentence, clause, phrase or word of this Ordinance be
declared unconstitutional or invalid for any reason, the remainder of this Ordinance shall
not be affected.
Section 5. The City Manager or his designee is hereby directed to file a copy of the Plan
and this Ordinance with the Commission in accordance with Title 30, Chapter 288 of the
Texas Administrative Code.
Section 6. The City Secretary is hereby authorized and directed to cause publication of
the descriptive caption of this ordinance as an alternative method of publication provided
by law.
Section 7. (If Applicable} Ordinance No. , adopted on , is hereby
repealed.
Passed by the City Council on this day of
Mayor
Attest:
City Secretary
G-2
Municipal Utility District Order
Adopting Water Conservation Plan
Order No.
AN ORDER ADOPTING A WATER CONSERVATION PLAN FOR THE
MUNICIPAL UTILITY DISTRICT TO PROMOTE THE
RESPONSIBLE USE OF WATER AND TO PROVIDE FOR PENALTIES
AND/OR THE DISCONNECTION OF WATER SERVICE FOR
NONCOMPLIANCE WITH THE PROVISIONS OF THE WATER
CONSERVATION PLAN.
WHEREAS,the Municipal Utility District(the"District"), recognizes that the
amount of water available to its water customers is limited; and
WHEREAS, the District recognizes that due to natural limitations, drought conditions,
system failures and other acts of God which may occur, the District cannot guarantee an
uninterrupted water supply for all purposes at all times; and
WHEREAS, the Water Code and the regulations of the Texas Commission on
Environmental Quality (the "Commission") require that the District adopt a Water
Conservation Plan; and
WHEREAS, the District has determined an urgent need in the best interest of the public
to adopt a Water Conservation Plan; and
WHEREAS, pursuant to Chapter 49 of the Water Code, the District is authorized to
adopt such policies necessary to accomplish the purposes for which it was created,
including but not limited to the preservation and conservation of water resources; and
WHEREAS, the Board of Directors of the District desires to adopt the North Texas
Municipal Water District (the "NTMWD") Model Water Conservation Plan as official
District policy for the conservation of water.
NOW THEREFORE, BE IT ORDERED BY THE BOARD OF DIRECTORS OF
THE MUNICIPAL UTILITY DISTRICT THAT:
Section 1. The Board of Directors hereby approves and adopts the NTMWD Model
Water Conservation Plan (the "Plan"), attached hereto as Addendum A, as if recited
verbatim herein. The District commits to implement the requirements and procedures set
forth in the adopted Plan.
Section 2. Any customer, defined pursuant to 30 Tex. Admin. Code Chapter 291, failing
to comply with the provisions of the Plan shall be subject to a monetary fine as allowed
by law, and/or discontinuance of water service by the District. Proof of a culpable mental
G-3
state is not required for a conviction of an offense under this section. Each day a
customer fails to comply with the Plan is a separate violation. The District's authority to
seek injunctive or other civil relief available under the law is not limited by this section.
Section 3. The Board of Directors does hereby find and declare that sufficient written
notice of the date, hour, place and subject of the meeting adopting this Order was posted
at a designated place convenient to the public for the time required by law preceding the
meeting, that such place of posting was readily accessible at all times to the general
public, and that all of the foregoing was done as required by law at all times during which
this Order and the subject matter thereof has been discussed, considered and formally
acted upon. The Board of Directors further ratifies, approves and confirms such written
notice and the posting thereof.
Section 4. The General Manager or his designee is hereby directed to file a copy of the
Plan and this Ordinance with the Commission in accordance with Title 30, Chapter 288
of the Texas Administrative Code.
Section 5. Should any paragraph, sentence, clause, phrase or word of this Order be
declared unconstitutional or invalid for any reason, the remainder of this Order shall not
be affected.
Section 6. {If Applicable} Order No. , adopted on , is hereby
repealed.
Approved and adopted by the Board of Directors on this day of
President, Board of Directors
Attest:
Secretary
G-4
Special Utility District Order
Adopting Water Conservation Plan
Order No.
AN ORDER ADOPTING A WATER CONSERVATION PLAN FOR THE
SPECIAL UTILITY DISTRICT TO PROMOTE THE RESPONSIBLE
USE OF WATER AND TO PROVIDE FOR PENALTIES AND/OR THE
DISCONNECTION OF WATER SERVICE FOR NONCOMPLIANCE WITH
THE PROVISIONS OF THE WATER CONSERVATION PLAN.
WHEREAS, the Special Utility District (the "District"), recognizes that the
amount of water available to its water customers is limited; and
WHEREAS, the District recognizes that due to natural limitations, drought conditions,
system failures and other acts of God which may occur, the District cannot guarantee an
uninterrupted water supply for all purposes at all times; and
WHtREAS, the Water Code and the regulations of the Texas Commission on
Environmental Quality (the "Commission") require that the District adopt a Water
Conservation Plan; and
WHEREAS, the District has determined an urgent need in the best interest of the public
to adopt a Water Conservation Plan; and
WHEREAS, pursuant to Chapter 65 of the Water Code, the District is authorized to
adopt such policies necessary to accomplish the purposes for which it was created,
including but not limited to the preservation and conservation of water resources; and
WHEREAS, the Board of Directors of the District desires to adopt the North Texas
Municipal Water District (the "NTMWD") Model Water Conservation Plan as official
District policy for the conservation of water.
NOW THEREFORE, BE IT ORDERED BY THE BOARD OF DIRECTORS OF
THE SPECIAL UTILITY DISTRICT THAT:
Section 1. The Board of Directors hereby approves and adopts the NTMWD Model
Water Conservation Plan (the "Plan"), attached hereto as Addendum A, as if recited
verbatim herein. The District commits to implement the requirements and procedures set
forth in the adopted Plan.
Section 2. Any customer, defined pursuant to 30 Tex. Admin. Code Chapter 291, failing
to comply with the provisions of the Plan shall be subject to a monetary fine as allowed
by law, and/or discontinuance of water service by the District. Proof of a culpable mental
state is not required for a conviction of an offense under this section. Each day a
G-5
customer fails to comply with the Plan is a separate violation. The District's authority to
seek injunctive or other civil relief available under the law is not limited by this section.
Section 3. The Board of Directors does hereby find and declare that sufficient written
notice of the date, hour, place and subject of the meeting adopting this Order was posted
at a designated place convenient to the public for the time required by law preceding the
meeting, that such place of posting was readily accessible at all times to the general
public, and that all of the foregoing was done as required by law at all times during which
this Order and the subject matter thereof has been discussed, considered and formally
acted upon. The Board of Directors further ratifies, approves and confirms such written
notice and the posting thereof.
Section 4. The General Manager or his designee is hereby directed to file a copy of the
Plan and this Ordinance with the Commission in accordance with Title 30, Chapter 288
of the Texas Administrative Code.
Section 5. Should any paragraph, sentence, clause, phrase or word of this Order be
declared unconstitutional or invalid for any reason, the remainder of this Order shall not
be affected.
Section 6. {If Applicable) Order No. , adopted on , is hereby
repealed.
Approved and adopted by the Board of Directors on this day of
President, Board of Directors
Attest:
Secretary
G-6
Water Supply Corporation Resolution
Adopting Water Conservation Plan
Resolution No.
A RESOLUTION ADOPTING A WATER CONSERVATION PLAN FOR THE
WATER SUPPLY CORPORATION TO PROMOTE THE
RESPONSIBLE USE OF WATER AND TO PROVIDE FOR PENALTIES
AND/OR THE DISCONNECTION OF WATER SERVICE FOR
NONCOMPLIANCE WITH THE PROVISIONS OF THE WATER
CONSERVATION PLAN.
WHEREAS, the Water Supply Corporation (the "WSC"), recognizes that the
amount of water available to its water customers is limited; and
WHEREAS, the WSC recognizes that due to natural limitations, drought conditions,
system failures and other acts of God which may occur, the WSC cannot guarantee an
uninterrupted water supply for all purposes at all times; and
WHEREAS, the Water Code and the regulations of the Texas Commission on
Environmental Quality (the "Commission") require that the WSC adopt a Water
Conservation Plan; and
WHEREAS, the WSC has determined an urgent need in the best interest of the public to
adopt a Water Conservation Plan; and
WHEREAS, pursuant to Chapter 67 of the Water Code, the WSC is authorized to adopt
such policies necessary to preserve and conserve its water resources; and
WHEREAS, the Board of Directors of the WSC desires to adopt the North Texas
Municipal Water District (the "NTMWD") Model Water Conservation Plan as official
WSC policy for the conservation of water.
NOW THEREFORE, BE IT RESOLVED BY THE BOARD OF DIRECTORS OF
THE WATER SUPPLY CORPORATION THAT:
Section 1. The Board of Directors hereby approves and adopts the NTMWD Model
Water Conservation Plan (the "Plan"), attached hereto as Addendum A, as if recited
verbatim herein. The WSC commits to implement the requirements and procedures set
forth in the adopted Plan.
Section 2. Any customer, defined pursuant to 30 Tex. Admin. Code Chapter 291, failing
to comply with the provisions of the Plan shall be subject to a monetary fine as allowed
by law, and/or discontinuance of water service by the WSC. Proof of a culpable mental
state is not required for a conviction of an offense under this section. Each day a
G-7
customer fails to comply with the Plan is a separate violation. The WSC's authority to
seek injunctive or other civil relief available under the law is not limited by this section.
Section 3. The Board of Directors does hereby find and declare that sufficient written
notice of the date, hour, place and subject of the meeting adopting this Resolution was
posted at a designated place convenient to the public for the time required by law
preceding the meeting, that such place of posting was readily accessible at all times to the
general public, and that all of the foregoing was done as required by law at all times
during which this Resolution and the subject matter thereof has been discussed,
considered and formally acted upon. The Board of Directors further ratifies, approves
and confirms such written notice and the posting thereof.
Section 4. The General Manager or his designee is hereby directed to file a copy of the
Plan and this Ordinance with the Commission in accordance with Title 30, Chapter 288
of the Texas Administrative Code. Further, the Board of Directors hereby authorizes the
General Manager or his designee to file an amendment to the WSC's tariff to incorporate
the Plan therein.
Section 5. Should any paragraph, sentence, clause, phrase or word of this Resolution be
declared unconstitutional or invalid for any reason, the remainder of this Resolution shall
not be affected.
Section 6. {If Applicable} Resolution No. , adopted on , is hereby
repealed.
Approved and adopted by the on this day of
President, Board of Directors
Attest:
Secretary
G-8
APPENDIX H
ILLEGAL WATER CONNECTIONS AND THEY!' OF WATER
APPENDIX H
Illegal Water Connections and Theft of Water
Municipal Ordinance
Pertaining to Illegal Water Connections and Theft of Water
Ordinance No.
AN ORDINANCE PERTAINING TO ILLEGAL WATER CONNECTIONS
AND/OR THE THEFT OF WATER RELATED TO THE WATER SUPPLY FOR
THE CITY OF
WHEREAS, the City of , Texas (the "City") recognizes that the amount of water
available to its water customers is limited; and
WHEREAS, pursuant to Chapter 54 of the Local Government Code, the City is
authorized to adopt such policies necessary to preserve and conserve available water
supplies; and
WHEREAS, the City seeks to adopt an ordinance pertaining to illegal water connections
and theft of water.
NOW THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE
CITY OF THAT:
Section 1. The City Council hereby approves and adopts this Ordinance as described
herein.
Section 2. A person commits an offense of theft of water by any of the following
actions:
(a) A person may not knowingly tamper, connect to, or alter any component of the
City's water system including valves, meters, meter boxes, lids, hydrants, lines,
pump stations, ground storage tanks, and elevated storage tanks. This shall
include direct or indirect efforts to initiate or restore water service without the
approval of the City.
(b) if, without the written consent of the City Manager or the City Manager's
designee, the person knowingly causes, suffers or allows the initiation or
restoration of water service to the property after termination of service(s). For
purposes of this section, it shall be assumed that the owner, occupant, or person in
control of the property caused, suffered, or allowed the unlawful initiation or
restoration of service(s).
H-1
(c) A person may not knowingly make or cause a false report to be made to the City
of a reading of a water meter installed for metered billing.
(d) A person commits a separate offense each day that the person performs an act
prohibited by this section or fails to perform an act required by this section.
Section 3. An offense under this Ordinance is a Class C misdemeanor punishable by a
fine of up to two thousand dollars ($2,000.00) and/or discontinuance of water service by
the City.
Section 4. The City Council does hereby find and declare that sufficient written notice of
the date, hour, place and subject of the meeting considering this Ordinance was posted at
a designated place convenient to the public for the time required by law preceding the
meeting, that such place of posting was readily accessible at all times to the general
public, and that all of the foregoing was done as required by law at all times during which
this Ordinance, and the subject matter thereof, has been discussed, considered and
formally acted upon. The City Council further ratifies, approves and confirms such
written notice and the posting thereof.
Section 5. Should any paragraph, sentence, clause, phrase or word of this Ordinance be
declared unconstitutional or invalid for any reason, the remainder of this Ordinance shall
not be affected.
Section 6. The City Secretary is hereby authorized and directed to cause publication of
the descriptive caption of this ordinance as an alternative method of publication provided
by law.
Section 7. {If Applicable) Ordinance No. , adopted on , is hereby
repealed.
Passed by the City Council on this day of
Mayor
Attest:
City Secretary
H-2
Municipal Utility District Order
Pertaining to Illegal Water Connections and Theft of Water
Order No.
AN ORDER PERTAINING TO ILLEGAL WATER CONNECTIONS AND/OR
THE THEFT OF WATER RELATED TO THE WATER SUPPLY FOR THE
MUNICIPAL UTILITY DISTRICT.
WHEREAS, the Municipal Utility District (the "District"), recognizes that the
amount of water available to its water customers is limited; and
WHEREAS, pursuant to Chapter 49 of the Water Code, the District is authorized to
adopt such policies necessary to accomplish the purposes for which it was created,
including but not limited to the preservation and conservation of available water supplies;
and
WHEREAS, the District seeks to adopt an order pertaining to illegal water connections
and theft of water.
NOW THEREFORE, BE IT ORDERED BY THE BOARD OF DIRECTORS OF
THE MUNICIPAL UTILITY DISTRICT THAT:
Section 1. The Board of Directors hereby approves and adopts this Order as described
herein.
Section 2. A person commits an offense of theft of water by any of the following
actions:
(a) A person may not knowingly tamper, connect to, or alter any component of the
District's water system including valves, meters, meter boxes, lids, hydrants,
lines, pump stations, ground storage tanks, and elevated storage tanks. This shall
include direct or indirect efforts to initiate or restore water service without the
approval of the District.
(b) If, without the written consent of the District, the person knowingly causes,
suffers or allows the initiation or restoration of water service to the property after
termination of service(s). For purposes of this section, it shall be assumed that the
owner, occupant, or person in control of the property caused, suffered, or allowed
the unlawful initiation or restoration of service(s).
(c) A person may not knowingly make or cause a false report to be made to the
District of a reading of a water meter installed for metered billing.
(d) A person commits a separate offense each day that the person performs an act
prohibited by this section or fails to perform an act required by this section.
H-3
Section 3. An offense under this Order is punishable in accordance with the District's
rules and policies regarding rates and may result in disconnection of service.
Section 4. The Board of Directors does hereby find and declare that sufficient written
notice of the date, hour, place and subject of the meeting considering this Order was
posted at a designated place convenient to the public for the time required by law
preceding this meeting, that such place of posting was readily accessible at all times to
the general public, and that all of the foregoing was done as required by law at all times
during which this Order, and the subject matter thereof has been discussed, considered
and formally acted upon. The Board of Directors further ratifies, approves and confirms
such written notice and the posting thereof.
Section 5. Should any paragraph, sentence, clause, phrase or word of this Order be
declared unconstitutional or invalid for any reason, the remainder of this Order shall not
be affected.
Section 6. {If Applicable) Order No. , adopted on , is hereby
repealed.
Approved and adopted by the Board of Directors on this day of
President, Board of Directors
Attest:
Secretary
H-4
Special Utility District Order
Pertaining to Illegal Water Connections and Theft of Water
Order No.
AN ORDER PERTAINING TO ILLEGAL WATER CONNECTIONS AND/OR
THE THEFT OF WATER RELATED TO THE WATER SUPPLY FOR THE
SPECIAL UTILITY DISTRICT.
WHEREAS, the Special Utility District (the "District"), recognizes that the
amount of water available to its water customers is limited; and
WHEREAS, pursuant to Chapter 65 of the Water Code, the District is authorized to
adopt such policies necessary to preserve and conserve available water supplies; and
WHEREAS, the District seeks to adopt an order pertaining to illegal water connections
and theft of water.
NOW THEREFORE, BE IT ORDERED BY THE BOARD OF DIRECTORS OF
THE SPECIAL UTILITY DISTRICT THAT:
Section 1. The Board of Directors hereby approves and adopts this Order as described
herein.
Section 2. A person commits an offense of theft of water by any of the following
actions:
(a) A person may not knowingly tamper, connect to, or alter any component of the
District's water system including valves, meters, meter boxes, lids, hydrants,
lines, pump stations, ground storage tanks, and elevated storage tanks. This shall
include direct or indirect efforts to initiate or restore water service without the
approval of the District.
(b) If, without the written consent of the District, the person knowingly causes,
suffers or allows the initiation or restoration of water service to the property after
termination of service(s). For purposes of this section, it shall be assumed that the
owner, occupant, or person in control of the property caused, suffered, or allowed
the unlawful initiation or restoration of service(s).
(c) A person may not knowingly make or cause a false report to be made to the
District of a reading of a water meter installed for metered billing.
(d) A person commits a separate offense each day that the person performs an act
prohibited by this section or fails to perform an act required by this section.
Section 3. An offense under this Order is punishable in accordance with the District's
rules and policies regarding rates and may result in disconnection of service.
H-5
Section 4. The Board of Directors does hereby find and declare that sufficient written
notice of the date, hour, place and subject of the meeting considering this Order was
posted at a designated place convenient to the public for the time required by law
preceding this meeting, that such place of posting was readily accessible at all times to
the general public, and that all of the foregoing was done as required by law at all times
during which this Order, and the subject matter thereof has been discussed, considered
and formally acted upon. The Board of Directors further ratifies, approves and confirms
such written notice and the posting thereof.
Section 5. Should any paragraph, sentence, clause, phrase or word of this Order be
declared unconstitutional or invalid for any reason, the remainder of this Order shall not
be affected.
Section 6. {If Applicable} Order No. , adopted on , is hereby
repealed.
Approved and adopted by the Board of Directors on this day of
President, Board of Directors
Attest:
Secretary
H-6
Water Supply Corporation Resolution
Pertaining to Illegal Water Connections and Theft of Water
Resolution No.
A RESOLUTION PERTAINING TO ILLEGAL WATER CONNECTIONS
AND/OR THE THEFT OF WATER RELATED TO THE WATER SUPPLY FOR
THE WATER SUPPLY CORPORATION.
WHEREAS, the Water Supply Corporation (the "WSC"), recognizes that the
amount of water available to its water customers is limited; and
WHEREAS,pursuant to Chapter 67 of the Water Code, the WSC is authorized to adopt
such policies necessary to preserve and conserve available water supplies; and
WHEREAS,the WSC seeks to adopt an order pertaining to illegal water connections and
theft of water.
NOW THEREFORE, BE IT RESOLVED BY THE BOARD OF DIRECTORS OF
THE WATER SUPPLY CORPORATION THAT:
Section 1. The Board of Directors hereby approves and adopts this Resolution as
described herein.
Section 2. A person commits an offense of theft of water by any of the following
actions:
(a) A person may not knowingly tamper, connect to, or alter any component of the
WSC's water system including valves, meters, meter boxes, lids, hydrants, lines,
pump stations, ground storage tanks, and elevated storage tanks. This shall
include direct or indirect efforts to initiate or restore water service without the
approval of the WSC.
(b) If, without the written consent of the WSC, the person knowingly causes, suffers
or allows the initiation or restoration of water service to the property after
termination of service(s). For purposes of this section, it shall be assumed that the
owner, occupant, or person in control of the property caused, suffered, or allowed
the unlawful initiation or restoration of service(s).
(c) A person may not knowingly make or cause a false report to be made to the WSC
of a reading of a water meter installed for metered billing.
(d) A person commits a separate offense each day that the person perfoiins an act
prohibited by this section or fails to perform an act required by this section.
H-7
Section 3. An offense under this Resolution is punishable in accordance with the WSC's
rules and policies regarding rates, including its approved tariff, and may result in
disconnection of service.
Section 4. The Board of Directors does hereby find and declare that sufficient written
notice of the date, hour, place and subject of the meeting considering this Resolution was
posted at a designated place convenient to the public for the time required by law
preceding this meeting, that such place of posting was readily accessible at all times to
the general public, and that all of the foregoing was done as required by law at all times
during which this Resolution, and the subject matter thereof has been discussed,
considered and formally acted upon. The Board of Directors further ratifies, approves
and confirms such written notice and the posting thereof.
Section 5. Should any paragraph, sentence, clause, phrase or word of this Resolution be
declared unconstitutional or invalid for any reason, the remainder of this Resolution shall
not be affected.
Section 6. (If Applicable) Resolution No. , adopted on , is hereby
repealed.
Approved and adopted by the Board of Directors on this day of
President, Board of Directors
Attest:
Secretary
H-8
APPENDIX I
TCEQ WATER CONSERVATION
IMPLEMENTATION REPORT
APPENDIX I
TCEQ Water Conservation Implementation Report
Texas Commission on Environmental Quality
Water Conservation Implementation Report
• ei
This report must be completed by entities that are required to submit a water conservation plan to the TCEQ in
accordance with Title 30 Texas Administrative Code,Chapter 288. Please complete this report and submit it to the
TCEQ. If you need assistance in completing this form, please contact the Resource Protection Team in the Water
Supply Division at(512)239-4691.
Name:
Address:
Telephone Number: ( ) Fax: ( )
Form Completed By: Title;
Signature: Date:
I. WATER USES
Indicate the type(s)of water uses(example: municipal,industrial, or agricultural).
Use
Use
Use
II. WATER CONSERVATION MEASURES IMPLEMENTED
Provide the water conservation measures and the dates the measures were implemented.
Description of Water Conservation Measure:
Date Implemented:
Description of Water Conservation Measure:
Date Implemented:
I-1
Description of Water Conservation Measure:
Date Implemented:
Description of Water Conservation Measure:
Date Implemented:
Description of Water Conservation Measure:
Date Implemented:
Description of Water Conservation Measure:
Date Implemented:
Description of Water Conservation Measure:
Date Implemented:
1-2
Description of Water Conservation Measure:
Date Implemented:
Description of Water Conservation Measure:
Date Implemented:
Description of Water Conservation Measure:
Date Implemented:
Hi. TARGETS
A. Provide the specific and quantified five and ten-year targets as listed in water
conservation plan for previous planning period.
5-Year Specific/Quantified Target:
Date to achieve target:
10-Year Specific/Quantified Target:
Date to achieve target:
B. State if these targets in the water conservation plan are being met.
1-3
C. List the actual amount of water saved.
D. If the targets are not being met, provide an explanation as to why, including any
progress on the targets.
If you have any questions on bow to fill out this form or about the Water Conservation
program,please contact the Texas Commission on Environmental Quality at(512)2394691.
Individuals are entitled to request and review their personal information that the agency gathers on its
forms. They may also have any errors in their information corrected. To review such information,
contact us at 512-239-3282.
1-4
Ni
Wylie City Council
CITY OF WYLIE AGENDA REPORT
Meeting Date: April 14, 2008 Item Number: Z
City (City Secretary' Use Only)
Department:
Prepared By: Gayle Walton Account Code:
Date Prepared: March 26, 2009 Budgeted Amount:
Exhibits: 1
Subject
Consider, and act upon, the appointment of a board member to the North Texas Municipal Water District
(NTMWD) Board to fill an expired term of June 1, 2009 to May 31, 2011.
Recommendation
A motion to appoint to the North Texas Municipal Water District (NTMWD) Board of
Directors for a term to begin June 1, 2009 and end May 31, 20011.
Discussion
The Board of Directors of North Texas Municipal Water District is a policy making body similar in nature to
the City Council. The Board is responsible to both the State of Texas and to the member cities for assuring that
NTMWD operations occur in accordance with state and federal law, in alignment with NTMWD policy, and in
the best interests of the cities receiving services.
In accordance with the statute creating the District (Article 8280-141), the qualifications of a director include
the following: "No person shall be appointed a Director unless he resides in the city from which he is appointed.
No member of a governing body of a city and no employee of a city shall be appointed as a Director." Under
other state law, no other government official that receives compensation could be appointed.
NTMWD's existing Board (18 member cities) is comprised of individuals who have worked to represent their
communities in other capacities and who have a solid understanding of municipal concerns to share with other
Directors. Historically, Directors have dedicated from 10 to 30 years of service to the Board, thereby gaining
experience and contributing the necessary leadership. This provides the maximum benefit in order to assure the
city's needs are met in the most effective manner. All NTMWD programs provide service based on cost to
serve, with all cities provided equal treatment. Therefore, NTMWD policy established by the Board of
Directors affects cost, performance and quality of service.
The City of Wylie has two board members on the NTMWD Board; Mr. Marvin Fuller whose term expires May
31, 2010 and Mr. Robert Thurmond, Jr. whose term expires May 31, 2009.
Page 1 of 2
Page 2 of 2
NTMWD is requesting that by majority vote, the Wylie City Council reappoint Mr. Robert Thurmond, Jr. or
appoint another Director to serve a term from June 1, 2009 to May 31, 2011.
Mr. Thuiiiiond stated that he would be willing to serve another term. The City Council will need to make this
appointment before the tei in expires May 31, 2009.
Approved By
Initial Date
Department Director CS 3-26-09
\
City Manager 11
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EXIS -
Regional Seri-ire Th-ough Unity
March 11, 2009
Ms. Mindy Manson, City Manager
City of Wylie
2000 Highway 78 North
Wylie, Texas 75098
RE: NTMWD BOARD MEMBER APPOINTMENT
Dear Ms. Manson:
This is your official notification that Mr. Bob Thurmond's term of office as an
NTMWD Board Member expires May 31, 2009. The City Council, by a majority
vote, should appoint Mr. Thurmond or another Director to serve a term from June 1,
2009 to May 31, 2011.
In accordance with the statute creating the District (Article 8280-141), the qualifications
of a Director include the following:. person shall be appointed a Director unless he
resides in the city from which. he is appointed. No member of a governing body of a
city and no employee of a.city shall e. appointed as a Director." Under other state law,
no other government official that receives compensation could be appointed.
The cities served by the. NTMWD .appreciate the work and effort expended by .the
appointed Directors. It is my.practe to visit with new Directors in an orientation
session prior to their first meeting; therefore,. please notify my office in writing when
the City Council has appointed a Director or the new term. Should you have any
questions or need additional information, please do not hesitate to contact my office.
Sincerely,
IF
J MES M. PARKS
ecutive Director
JMP/mcf
cc: Mr. Bob Thurmond
Ms. Carol Ehrlich, City Secretary
505 E Brown SE_P.0,Box 2408, Texas 75098-2408 Telephone:972/442-5405 Fax:972/442-5405
I V
oxWylie
City Council
CITY OF WYLIE AGENDA REPORT
Meeting Date: April 14, 2009 Item Number: 3
(City Secretary's Use Only)
Department: Engineering
Prepared By: Chris Hoisted Account Code:
Date Prepared: April 6, 2009 Budgeted Amount: $1,220,000
Exhibits: Agreement
Subject
Consider, and act upon, approval of Amendment No. I to the Professional Engineering Services Agreement, in
an amount not to exceed $57,000, with Birkhoff, Hendricks & Conway, L.L.P. for the design of the expansion
of Brown Street from FM 1378 to Ballard Avenue.
Recommendation
Motion to approve Amendment No. I to the Professional Engineering Services Agreement, in an amount not to
exceed $57,000, with Birkhoff, Hendricks & Conway, L.L.P. for the design of the expansion of Brown Street
from FM 1378 to Ballard Avenue.
Discussion
The 2005 City of Wylie Bond Program identified $9,000,000 for the design and construction of approximately
9,500 linear feet of 4-lane concrete pavement section with sidewalks on Brown Street from FM 1378 to Ballard
Avenue. $4,453,750 was also included in the recent Collin County Bond Program for the project and those
funds are scheduled to be available in FY 2010. Total funds available for the project are $13,453,750. The first
bond issue included$1,220,000 for engineering and right of way acquisition for this project.
Engineering services for the project include the design of a 4-lane paving section, storm sewer, sidewalks,
utility relocations, erosion control, traffic control, and right of way documents. Construction plans for the
project are approximately 60% complete and right of way documents are being prepared. Upon staff review of
the construction plans, two water lines and two sewer lines were identified for replacement due to the age and
condition of the lines as well as the location of the lines in relation to the proposed paving.
Also, two alternates are being considered with the project. The first alternate is improvements to the drainage
channel from Winding Oaks to Brown Street. The improvements include a concrete pilot channel and rock
gabion walls to match the portion south of Brown Street that was completed in 2004. The second alternate is
the reconstruction of the alley from. Brown to Jefferson between Jackson and Ballard. The alley is currently not
paved and commercial businesses on Ballard and Jackson use the alley to access parking in the rear of the
property. The increase in design services is $57,000 and includes field surveys and design services.
Approved By
Initial Date
Department Director CH 04/06/09
City Manager 111 111
Page 1 of I
BIRKHOFF, HENDRICKS & CONWAY, L.L.P.
PROFESSIONAL ENGINEERS
11910 Greenville Ave.,Suite 600 Dallas,Texas 75243 Fax(214)461-8390 Phone(214)361-7900
JOHN W.BIRKHOFF,R.E.
RONALD V.CONWAY,P.E.
GARY C.HENDRICKS,P.R.
JOE R,CARTER.P.E.
PAUL A.CARLIN E.P.R.
MATT HICKEY,P.R.
ANDREW MATA,JR..P.E. March 19, 2009
Chris Hoisted, P.E.
City Engineer
City of Wylie
949 Hensley Lane
Wylie, Texas 75098
Re: West Brown Street Improvements—Country Club Drive to North Ballard Avenue
Amendment No. I to Professional Engineering Services Agreement
Dear Mr. Hoisted:
We are pleased to submit Amendment No. 1 to the Professional Engineering Services Agreement for
design of West Brown Street Paving and Drainage Improvements from Country Club Drive to North
Ballard Avenue for the City of Wylie as you requested. We are providing three(3)copies of the
amendment for your use.
Please have all three copies of the Amendment executed by the City of Wylie and return one copy to us
for our files.
Do no hesitate to call us if there are questions related to this agreement. We look forward to working
with you on this important project and are available to discuss the project at your convenience.
i..Sincerely ours,
Joe R.Carter,P.E.
Enclosures
I:7015 rorrtclev,mytic,.est brown transmit-amend-I.doc
AMENDMENT No. 1
To THE AGREEMENT BETWEEN THE CITY OF WYLIE(OWNER) AND BIRKHOFF, HENDRICKS, &
CONWAY L.L.P. (ENGINEER)FOR"WEST BROWN STREET PAVING& DRAINAGE IMPROVEMENTS"
DATED: JANUARY 8, 2008
This Amendment No. 1 serves to authorize the ENGINEER to provide Basic Services as
described under Parts I, II and III of the original agreement and to provide Additional Services as
described under Part IV A of the original agreement to add the following drainage, alley, water and
sanitary sewer improvement plans to the project:
• Design Channel Improvements From Winding Oaks to West Brown Street (400' Long+/-)
o Budget Amounts Parts I, II and III: $10,000. Part IV A: $600
• Extend The 12-inch Waterline From Country Club Road To The East 1,050' (+/-).
o Budget Amounts Parts I, II and III: $9,000, Part IV A: $0
• Realign The 8-inch Waterline Between Winding Oaks And Keefer Street.
o Budget Amounts Parts I, II and III: $8,000, Part IV A: $600
• Replace 6-inch Sanitary Sewer With 8-inch Between Cottonbelt Avenue And Keefer Street.
o Budget Amounts Parts I, II and III: $7,000, Part IV A: $600
• Replace 6-inch Sanitary Sewer And Reconstruct Alley From North Of Brown St. To Jefferson St.
o Budget Amounts Parts I, II and III: $20,000, Part IV A: $1,200
This Amendment No. 1 to the Agreement dated January 8,2008 shall supplement and amend
Exhibit C — Payment Schedule of that agreement. The amount for the Additional Services shall be
revised as follows:
A. Field Surveys (Design, Property&Control) $ 29,400 (+$ 3,000)
B. Prepare Right-of-Way Strip Map $ 18,000 (No Change)
C. Prepare Ten(10) Field Note Descriptions and Exhibits $ 18,000 (No Change)
D. Perform a Flood Study for the West Tributary $ 20,000 (No Change)
E. Perform Grade Separation Study at the Southern Pacific Railroad $ 18,500 (No Change)
F. Pothole Existing Franchise Utilities $ 5,200 (No Change)
G. Geotechnical Evaluation and Report $ 18,300 (No Change)
H. Signal warrant study and plans for Westgate and Ballard $ 27,600 (No Change)
I. Prepare Landscape& Irrigation Plans and Specifications $ 21,500 (No Change)
J. Prepare Street Lighting Plans and Specifications $ 34,500 (No Change)
K. Waterline, Sanitary Sewer, Alley& Drainage Improvements(New) $ 54,000 (+$54,000)
Total Amount Additional Services $265,000 (+$57,000)
The maximum overall fee established by the current agreement shall be increased by $57,000.00
and the new maximum overall fee and shall not be exceeded without written approval by the City,
based on increased scope of services. All other requirements of the current Agreement shall apply.
1,70 13 conteln es1 browroamcndrocnt-I doc
PAGE 1 OF 2
Amendment No. 1
West Brown Street Paving and Drainage Improvements
Both of the undersigned parties agree to the above terms described for this Amendment No. 1 to the
original Agreement dated, January 8, 2008 for the West Brown Street Paving and Drainage
Improvements project.
OWNER: ENGINEER:
CITY OF WYLIE,TEXAS BIRKHOFF, HENDRICKS & CONWAY,L.L.P.
By: By: •Joe R.R. Carter, P. E., Partner
Date: Date: 771,a4,,k /9 2c)o9
Attest: Attest:
Ronald V. Conway, P.E., Paitner
Date: Date:
1:17015 coatdnIlryllemest brovreLamendarrA.I.dat
PAGE 2 OF 2
Wylie City Council
I A �
1
{
CITY OF WYLIE AGENDA REPORT
- w
Meeting Date: April 14, 2009 Item Number: 4
City Secret office (City Secretary's Use Only)
Department: Secretary
Prepared By: City Secretary Office Account Code:
Date Prepared: April 7, 2009 Budgeted Amount:
Exhibits: 6
Subject
Consider, and act upon, Resolution No. 2009-11(R) denying CoSery Gas Ltd.'s requested rate changes;
authorizing intervention in any necessary proceedings affecting city's interests before administrative or judicial
bodies; requiring reimbursement of reasonable legal and consultant expenses; finding that the meeting at which
this resolution is adopted is open to the public as required by law; and requiring delivery of this resolution to the
company and legal counsel.
Recommendation
Motion to approve Resolution No. 2009-11(R) denying CoSery Gas Ltd.'s requested rate changes; authorizing
intervention in any necessary proceedings affecting city's interests before administrative or judicial bodies;
requiring reimbursement of reasonable legal and consultant expenses; finding that the meeting at which this
resolution is adopted is open to the public as required by law; and requiring delivery of this resolution to the
company and legal counsel.
Discussion
On or about December 18, 2008, CoSery Gas Ltd. ("CoServ" or "Company") filed its "Statement of Intent to
Increase Rates" seeking to increase system wide rates by $2.9 million which represents an overall total revenue
increase of approximately five percent (5%). In addition to the rate increase, CoSery also seeks approval of a
new rate design that provides for a fiat fee per month based on a customer's prior 12 months of historical
usages.
Cities took action to suspend the January 23, 2009 effective date for 90 days. City of Wylie Council approved
Resolution No. 2009-03 on January 27, 2009 suspending the effective date of CoSery Gas Ltd.'s requested rate
changes. This suspension period provided time to evaluate the filing, determine whether the filing complies
with the law, and if unlawful, to determine what further strategy, including settlement or litigation to pursue.
Denial of the request to increase rates is recommended.
This resolution denies the Company's requested rate increase and it also requires that the Company's current
rates be maintained for all customers within the City. If the City does not take action to deny the filing, CoSery
may begin charging increase rates after April 23, 2009. Denial of the requested rates will prevent the
implementation of increased rates until an order is issued by a regulatory body. Otherwise failure to take action
by April 23, 2009 means that the rates are deemed approved. Also, denial of the requested rates will preserve
the Cities' ability to develop the issues in CoServ's request in further settlement discussion and, if necessary, at
Page 1 of I
Page 2 of 2
hearings.
Kristen Doyle of Lloyd Gosselink law firm, representing Cities, advised counsel for CoSery of the Cities
decision to move forward with denial actions and will continue to work with the Company to seek a resolution
through settlement. Expenses incurred to set rates are reimbursable by the Company, so no city funds are
necessary. The Company is entitled to seek recovery of rate case expenses through a surcharge on customer's
bills. All options will be pursued to minimize costs while protecting ratepayers from unreasonable rates.
Approved By
Initial Date
Department Director 4/7/09
City Manager a if I I) ;11
i 0 •••1
RESOLUTION NO. 2009-11(R)
RESOLUTION OF THE CITY OF WYLIE, TEXAS
DENYING COSERV GAS LTD.'S REQUESTED RATE
CHANGES; AUTHORIZING INTERVENTION IN ANY
NECESSARY PROCEEDINGS AFFECTING CITY'S
INTERESTS BEFORE ADMINISTRATIVE OR JUDICIAL
BODIES; REQUIRING REIMBURSEMENT OF
REASONABLE LEGAL AND CONSULTANT EXPENSES;
FINDING THAT THE MEETING AT WHICH THIS
RESOLUTION IS ADOPTED IS OPEN TO THE PUBLIC AS
REQUIRED BY LAW; AND REQUIRING DELIVERY OF
THIS RESOLUTION TO THE COMPANY AND LEGAL
COUNSEL.
WHEREAS, the City of Wylie, Texas ("City") is a regulatory authority under the Gas
Utility Regulatory Act ("GURA") §§ 102.001(b) and 103.001 and has original jurisdiction over
the gas utility rates of CoSery Gas Ltd.'s ("CoServ" or the"Company"); and
WHEREAS, on or about December 18, 2008, CoSery filed with the City a Statement of
Intent to increase gas rates in all municipalities within the CoSery System; and
WHEREAS, the City took action to suspend the January 23, 2009 effective date of
CoServ's Statement of Intent for the maximum period allowed by law and to join with other
cities served by CoSery ("CoSery Cities") to hire a rate expert and legal counsel to evaluate the
Company's support for its requested rate increase; and
WHEREAS, approximately $2.4 million to $2.8 million of the Company's requested
$2.9 million increase is related to its requested rate of return and proposed capital structure,
which does not appear to be reasonably supported by actual operations; and
WHEREAS, based upon the analysis and recommendation of the CoSery Cities' expert
and legal counsel, the City finds that the Company has not satisfactorily established that it is
entitled to increase its rates; and
WHEREAS, GURA § 103.022 provides that costs incurred by cities in ratemaking
activities are to be reimbursed by the regulated utility.
THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
WYLIE, TEXAS:
Section 1. That the Company's Statement of Intent to increase gas utility rates within
the City be denied in all respects.
Section 2. That the Company shall continue to charge its existing rates for natural gas
services to customers within the City.
Resolution No. 2009-11(R) 1
Denial of CoSery Requested Rate Change
Section 3. That the City's reasonable rate case expenses shall be reimbursed by CoServ.
Section 4. That it is hereby officially found and deteiiiiined that the meeting at which
this Resolution is passed is open to the public as required by law and the public notice of the
time, place, and purpose of said meeting was given as required.
Section 5. A copy of this Resolution shall be sent to Charles D. Harrell, Chief Financial
Officer, CoSery Gas Ltd., 7701 South Stemmons, Corinth, Texas 76210-1842 and to Kristen
Doyle, counsel for Cities Served by CoSery at Lloyd Gosselink Rochelle & Townsend, P.C., 816
Congress Avenue, Ste. 1900, Austin, Texas 78701.
Eric Hogue, Mayor, City of Wylie, Texas
ATTEST:
Carole Ehrlich, City Secretary
Resolution No. 2009-11(R)
Denial of CoSery Requested Rate Change
LloydLloyd 816 Congress Avenue,Suite 1900
Austin,Texas 78701
Gosselink Telephone:(512) 322-5800
i�AYIM Facsimile: (512)472-0532
ri
ATTORNEYS AT LAW
www.lglawfirm.com
Ms.Doyle's Direct Line: (512)322-5820
Email: kdoyle(aaIglawfirm.com
MEMORANDUM
TO: Cities Served by CoSery Gas Ltd.
FROM: Kristen Doyle
Geoffrey Gay
DATE: April 1, 2009
RE: Action Needed—Schedule Denial Resolution on or Before April 23, 2009
Attached is a resolution denying CoSery Gas Ltd.'s ("CoServ") pending rate increase
request. Please take action on the resolution on or before the April 23rd effective date. For
your convenience, a model staff report is also attached. For tracking purposes, contact Kristen
(kdoyle@lglawfirm.com, 512/322-5820) with the date your council is scheduled to act on the
resolution. If your city is unable to act by April 23'd, please contact Kristen as soon as possible.
Absent an agreement with the Company, a city's failure to take action denying CoServ's
requested rate increase by April 23, 2009 will be considered an approval of the requested
increase and the Company will be able to immediately institute the full increase.
Background
On or about December 18, 2008, CoSery filed a Statement of Intent to Increase Rates
with all cities in its North Texas service area. The Company seeks to increase revenues by $2.9
million. Excluding the revenue from gas costs, which is merely a pass through, the requested
increase results in a 20% increase over the $14.8 million revenue earned by the Company in the
test year. In addition to the rate increase, CoSery also seeks approval of a new rate design that
provides for a flat fee per month based on a customer's prior 12 months of historical usages.
All cities took action to suspend the January 23, 2009 effective date for 90 days. The
suspension period provided time to evaluate the filing, determine whether the filing complies
with the law, and if lawful, to determine what further strategy, including settlement or litigation,
to pursue.
The Cities also approved working together as a coalition to investigate the Company's
filing, negotiate with the Company and intervene and participate in the litigation of any
necessary administrative proceedings or court litigation related to an appeal of city action. This is
the second time that CoSery Cities have worked together as a coalition. Prior to this filing,
CoServ's most recent rate case was filed by the Company in 2004. The coalition ultimately
Lloyd Gosselink Rochelle & Townsend, P.C.
April 1, 2009
Page 2
settled CoServ's rate request in 2005, reducing the Company's requested increase by more than
50%.
Review of the Company's Request- Rate of Return
The coalition hired rate expert Connie Cannady to review the Company's pending
request. Connie was the coalition's expert in the last CoSery rate case. Connie conducted
discovery and met with CoSery representatives to investigate the support for the requested
increase. Her final report and supporting schedules are attached.
As reflected in Connie's report, approximately $2.4 million to $2.8 million of the
requested $2.9 million increase is related to the capital structure and rate of return requested by
the Company.
In the 2004 case, the Cities and the Company came to an agreement on the total increase
in revenue requirements and did not definitively establish a capital structure or rate of return.
However, a closer look at the organizational and financial structure of CoSery is warranted now
that operations and investments are more established.
In this case, the Company proposed a hypothetical capital structure cost of equity that
does not reflect the actual amount of debt and equity owned by CoSery Gas. While it is not
necessarily unusual to rely upon a proxy capital structure when setting rates, the unique
circumstances underlying CoServ's structure, funding, and investors raise concern.
CoSery Gas Ltd. is a partnership held by a non-profit cooperative electric provider, with a
board of directors that sets the return (not the marketplace). The fact that CoSery Gas is owned
as a profit-making venture by a non-profit electric cooperative is very unusual. CoSery
representatives were unable to provide examples of other ownership arrangements like this in
Texas. The company believes that there may be one other company like this in the U.S.
The non-profit nature of CoSery Gas' owners and the lack of precedent make it difficult
to agree upon an appropriate rate of return for the Company. The rate of return set for regulated
utilities is intended to recognize the risk the investors undertake by investing their capital in the
Company. With typical investor-owned utilities, one assumes that the investors have a choice
regarding where to invest their capital, and that the choice is motivated entirely by maximizing
the amount of profit to be earned relative to the risks. However, in this case, the sole investor,
the electric cooperative, is specifically set up not to retain profits.
In our opinion, CoServ's gas operation more closely matches that of a municipal utility
operation where the customers (taxpayers) are the owners. Based on this premise, we
recommend that the rate of return be established in the same manner that it would be for a
municipal utility, river authority, power agency or electric cooperative, which sets equity equal
to the average bond yield plus 2%.
The Company maintains that it be considered an investor-owned utility, exactly like
Atmos Gas or other investor-owned gas utilities. Accordingly, the Company believes that it is
entitled to an 11% return on equity, far greater than the level that we believe is appropriate. At
Lloyd Gosselink Rochelle & Townsend, P.C.
April 1, 2009
Page 3
this time, the Company is unwilling to deviate from its position that it be treated as anything
other than a traditional investor-owned utility when setting its rates.
Denial of the Company's Request is Recommended
In order to seek direction from the Cities, a conference call was held for all coalition
Cities on March 31, 2009. Several CoSery Cities participated in the conference call and
discussed options regarding CoServ's pending request. Because the deadline for city action is
April 23rd, the Cities decided to take action to deny the request.
Denial accomplishes two objectives:
• It prevents the implementation of increased rates until an order is issued by a
regulatory body (the Railroad Commission or the city — if the company further
extends the effective date). Otherwise, failure to take action by April 23rd means that
the rates are deemed approved.
• It preserves the Cities' ability to develop the issues in CoServ's request in further
settlement discussions and, if necessary, at hearing.
Kristen advised counsel for CoSery of the Cities' decision to move forward with denial
actions. We will continue to work with the Company to seek a resolution through settlement.
Expenses incurred to set rates are reimbursable by the Company, so no city funds are necessary.
However, the Company is entitled to seek recovery of rate case expenses through a surcharge on
customers'bills. We are cognizant of the costs of litigating a rate case and will pursue all options
to minimize costs while protecting ratepayers from unreasonable rates.
If you have any questions or need more information, please contact Kristen or Geoffrey.
Lloyd Gosselink Rochelle & Townsend, P.C.
MODEL STAFF REPORT
PURPOSE
CoSery Gas Ltd. ("CoServ" or "Company") filed its Statement of Intent to Increase Rates
on or about December 18, 2008 seeking to increase system-wide rates by $2.9 million. This
represents an overall total revenue increase of approximately five percent (5%).
The resolution denies the Company's requested rate increase and requires that the
Company's current rates be maintained for all customers within the City.
If the City does not take action to deny the filing, CoSery may begin charging
increased rates after April 23,2009.
DISCUSSION
The City has original jurisdiction over the natural gas rates charged by the Company. In
accordance with that authority, the City lawfully suspended the January 23, 2009 effective date
for 90 days to review the Company's requested rate increase.
The City's review of CoServ's rate increase request is part of a coordinated effort by a
coalition of cities served by CoSery Gas ("CoSery Cities"). To conduct the review of the
requested rate increase, the CoSery Cities retained a consultant and legal counsel with expertise
in regulatory rate making issues. All reasonable consulting and legal fees incurred by CoSery
Cities are reimbursable by the Company.
Approximately $2.4 million to $2.8 million of the requested $2.9 million increase is
related to the hypothetical capital structure and rate of return requested by the Company. The
Company's proposed capital structure and cost of equity does not reflect the actual amount of
debt and equity owned by CoSery Gas. While it is not per se unreasonable to rely upon a proxy
capital structure when setting rates, the unique circumstances underlying CoServ's structure,
funding, and the non-profit nature of CoServ's sole investor raise concern that implementing the
Company's proposal would result in unreasonable rates.
The action taken by the City to deny CoServ's rate increase is likely to be appealed by the
Company to the Texas Railroad Commission ("RRC"). In an effort to avoid litigation if at all
possible, CoSery Cities will continue to explore the possibility of settlement with the Company.
CoServ's most recent rate case (filed in 2004) was ultimately settled by agreement between the
CoSery cities and the Company and reduced the Company's requested increase by more than
50%.
Explanation of"Be It Resolved" Paragraphs:
Section 1. This section finds the new rates proposed by the Company to be unreasonable
and denies CoServ's request to increase rates.
Section 2. This section requires CoSery to continue to charge its existing natural gas
rates to customers within the City.
Section 3. This section reflects that Cities are statutorily entitled to recover their
reasonable rate case expenses from the utility. No individual city incurs liability for payment of
rate case expenses by adopting a denial resolution.
Section 4. This section merely recites that the resolution was passed at a meeting that
was open to the public and where consideration of the resolution was properly noticed.
Section 5. This section provides that both CoSery and counsel for the coalition of
cities will be notified of the City's action by sending a copy of the approved and signed
resolution to certain designated individuals.
J. Stowe & Co.
March 31, 2009
Ms. Kristen Doyle
Lloyd, Gosselink, Baldwin&Townsend, P.C.
111 Congress Avenue, Suite 1800
Austin, Texas 78701
Dear Ms. Doyle:
J. Stowe & Co. provides the following preliminary report concerning a review of the request for
rate change filed by CoSery Gas, Ltd. ("CoServ") for its entire service area in North Texas. As
you will note, we have provided a range for the revenue requirements, depending on the decision
made by the Cities with respect to alternative capital structures discussed herein. Once a
decision is made, we will compute the overall recommended revenue requirements as well as
provide recommendations with respect to rates for each customer class.
This study does not constitute an examination of the financial condition of CoSery or its affiliated
operations. Therefore, J. Stowe & Co. cannot and does not express any position with regard to the
accuracy or validity of the financial information provided by CoSery during the course of the analyses.
OVERVIEW OF THE FILING
Based on a test year ended June 30, 2008, CoSery filed for an increase of $2,915,367 in revenue
requirements with annualized revenue for the test year of$56,659,744. Excluding the revenue from gas
costs, which are merely a pass through, the requested increase results in a 19.7% increase in test year
base and miscellaneous revenue of$14,833,580. The rate filing was submitted to the Cities on or about
December 18, 2008 with a rate design that provides for a flat fee per month based on a customer's prior
twelve months of historical usages.'
ANALYSIS OF THE FILING
In order to streamline the review and associated rate case expenses, we have attempted to perform the
most cost-effective review of the filing as presented. Under this approach, we have limited our analysis
to those issues that appear to have larger impacts on the underlying request as well as those issues that
conflict with prior case findings. Therefore, any lack of focus on particular issues or computations
within the case does not indicate any acquiescence with the Company's proposal or computational
approach.
The proposed residential rates have three flat rates based on low, medium and high usage patterns. The proposed
commercial rates have two flat rates along with a more traditional rate design for the largest commercial customers.
1300 E. Lookout Dr., Suite 100 Phone 972.680,2000
Richardson TX 75082 Fax 972.680.2007
Ms. Kristen Doyle
March 31, 2009
P ,n e 2
Summary of Major Findings
• We recommend a change to test year system-wide revenue requirements within the range of an
increase of $36,950 to an increase of $424,816. This range is between $2,878,417 and
$2,440,551 less than the$2,915,367 requested by the CoServ.
• CoServ's requested value of storage gas should reflect more recent natural gas prices rather than
those from the test year.
• CoSery has not provided justification for its significant revenue lag days, and therefore, has not
justified its requested cash working capital.
• CoSery has not met its burden concerning the reasonableness of the requested overtime expense
with approximately 14% of the employees reporting over 30% in overtime expense.
• CoSery has inappropriately included incentive compensation that relates to financial measures
rather than operations measures.
• CoSery has not met its burden concerning its requested meter reading costs in that it has recently
hired two internal meter readers and does not solely rely on affiliated services.
• CoSery has not met its burden concerning the requested increase in affiliated costs related to
customer records and collections.
• CoServ's requested capital structure of 44.2% debt /55.8% equity and requested 11% return on
equity are excessive in light of the Company's organization, actual capitalization and
methodologies used for similar operations and ownership.
• CoSery has requested a volumetric rate per all Ccf sold to fund conservation efforts without
justification of benefits to ratepayers.
• CoSery has inappropriately collected charitable donations from customers without prior approval
from the Cities
TOTAL RATE BASE
The Company is requesting a return on an adjusted total rate base of $75,082,419. The
Company has essentially incorporated its per book balances as of June 30, 2008, with the
addition of Completed Construction Not Classified ("CCNC"), exclusion of accumulated
1300 E. Lookout Dr., Suite 100 Phone 972.680.2000
Richardson TX 75082 Fax 972.680.2007
Ms. Kristen Doyle
March 31, 2009
4zc 3
depreciation on PHFU, and a cash working capital allowance ("CWC"). We are recommending
an adjusted total rate base of$73,112,321, or $1,970,098 less than the Company's request. Our
recommendation is based on the following adjustments:
• The Company's storage gas inventory is based on a thirteen month average of its actual
gas storage inventory value during the test year. The average price/MMBtu for this
computation is $6.67. Given the significant fall of natural gas prices since the end of
2008, it is our opinion that the $6.67/MMBtu is not representative of today's costs.
Because a thirteen month average methodology is premised on establishing "normalized"
monthly balances for inventories, the balance should reflect "normal" natural gas costs
during the time these rates will be in effect. Using the NYMEX indices, we have priced
the thirteen month average of MMBtus held in inventory during the test year at the
corresponding monthly future prices published as of January 28, 2009. This computation
results in an average storage gas inventory of$2,390,496, with an average price/MMBtu
of $4.06. The impact of this adjustment is to reduce CoServ's requested rate base by
$1,336,716 as shown on CTC Schedule 2.
• CoSery has requested $633,382 in CWC based on a lead lag study. In the prior case,
CoSery did not provide a lead lag study and the argument was that without such
supporting analysis, any CWC allowance should not be included. In the instant case,
CoSery has provided a detailed lead lag study, but the results of the study are
unreasonable. More specifically, CoSery is requesting revenue lag days of 60.86 days.
This number of lag days translates into average customer payment practices of over two
months from the middle of the customers' billing cycles. Clearly, if this is the average
payment practice, the Company has not instituted reasonable billing and collection
procedures and therefore, should not be allowed to pass through costs resulting from
such inefficiencies.
For comparison, the Railroad Commission's final order in the most recent Atmos Energy
decision (GUD Docket No. 9762) provided for revenue lag days of 33.86 days; 44% less
time for collections than proposed by CoServ.2 In fact, Atmos had originally requested
revenue lag days computed under the same methodology used by CoSery for the
collection lag, which was found by the Commission to be unreasonable.
2 Revenue lag days of 33.86 provides for an average payment time for customers of approximately 19 days after the
end of the billing cycle.
1300 E. Lookout Dr., Suite 100 Phone 972.680.2000
Richardson TX 75082 Fax 972.680.2007
Ms. Kristen Doyle
March 31, 2009
14
With respect to the billing lag days component of the revenue lag days, CoSery is using
the same methodology as used by Atmos, but with staggeringly different results. Atmos
supported a lag between the meter reading and the billing to be approximately 2.72 days.
CoSery has used an average lag of 7.62 days. In other words, it takes CoSery almost 8
days after the meter is read to develop a bill for its customers. The Railroad Commission
has stated that even one day between meter reading and billing is achievable.
We conducted some sensitivity computations on CoServ's proposal and found that it
would only require a reduction of 4.8 days to CoSery proposed revenue lag days to
completely remove any CWC requirement in this case. This begs the questions as to
whether CoServ's CWC allowance would actually be negative if it ran more efficiently
with respect to customer billings and collections. Therefore, it is our opinion, that
CoSery should not be authorized a CWC allowance that requires rate payers to fund
working capital needs derived from what appear to be inefficient operations. We
recommend that the CWC allowance be set to $0.3
O&M EXPENSE ADJUSTMENTS
CoSery is requesting recovery of O&M expenses of $8,566,742. This is comprised of the
Company's requested $8,359,893 of operating expense, depreciation expense, and payroll and
property tax expense shown on CTC Schedule 3 as well as the State Margin tax shown on CTC
Schedule 1. We recommend that this amount be reduced by $318,165 for a total O&M expense
of$8,248,577'. Our recommendation is based on the following adjustments:
• The Company annualized its payroll based on the actual number of employees as of the
test year end, their respective annual salaries, the overtime for the test year and the
incentive compensation amounts awarded. CoSery allocated 67.6% of these
expenditures to expense with the remaining allocated to capital.
We noted three issues with respect to the annualization of payroll. First, the Company
included overtime percentage that did not appear to be fully justified for a "nointal"
operation. In fact, 5 of the 36 employees had overtime percentages that were in excess of
3 We note that revenue lag days for electric T&D companies, where payments are received from third party REP's,
are considerably less than the 60.86 days proposed by CoServ.
This amount is based on a 50/50 capital structure. The recommended O&M with State Margin Tax for a 60/40
capital structure is$8,243,474: $323,268 less than the Company proposed.
1300 E. Lookout Dr., Suite 100 Phone 972.680.2000
Richardson TX 75082 Fax 972.680.2007
Ms. Kristen Doyle
March 31, 2009
I
30%, with two showing over 50%. In our opinion, and given our experience in
evaluating utility rate filings, such overtime costs are excessive. We adjusted the
overtime so that the average percentage for all employees is approximately 8%. Making
this adjustment reduces the proposed payroll expense by $28,085.
The second adjustment to the Company's proposed payroll expense is for the incentive
compensation included in the rate filing. In recent rulings before the Public Utility Commission,
the Commission found that, in order for such costs to be included in rates, the incentive
compensation should be tied to operational measures, such as customer service, and safety, and
not to meeting financial targets. Based on information provided by CoServ, approximately 30%
of the incentive compensation awarded is tied to financial measures, and therefore, in our
opinion, should be disallowed. This adjustment reduces the expensed portion of payroll expense
by $12,128. This adjustment and the overtime adjustment total $40,213 as shown on CTC
Schedule 4.
• The third issue with respect to the annualization of payroll expense was noted during the
analysis of the proposed affiliated costs included in the filing. The Company requested
that there be an increase in meter reading expense based on the meter reading services
provided by CoSery electric operations. However, on or about the end of the test year,
two of the meter readers became full time employees of CoSery Gas. Their respective
salaries and benefits are included in the Company's direct payroll expense. Therefore,
to include the requested affiliated costs would be a double counting of a certain portion
of the costs.
Our analysis included a review of the number of daily meters that were read per
employee during the test year by the affiliated operation. Assuming that each of the
CoSery new hires would read the same daily numbers, we were able to compute the
remaining number of meters that needed to be read by the affiliate. Adjusting the
affiliated costs to remove the two gas meter readers, we then allocated the remaining
costs based on the meters that still required affiliated readers. This computation results
in a reduction to the Company's requested expense of $166,499 as shown on CTC
Schedule 4.
• In addition to the meter reading services, CoSery receives customer records and
collection services from its affiliated electric operations. These costs have continued to
increase each year since the prior rate filing, which in large part is understandable given
the significant growth in customers. However, the test year expense does not follow the
growth in customers as it had in prior years. The expense for customer records and
1300 E. Lookout Dr., Suite 100 Phone 972,680.2000
Richardson TX 75082 Fax 972.680,2007
Ms. Kristen Doyle
March 31, 2009
6
collections increased by over 18.9% from the previous year and customers only
increased by 14.7%. In prior years, the change in customer records and collections
expense increased at a lower or somewhat equal percentage to the percentage increase in
the number of customers. Therefore, for this filing, we have adjusted the expense to
reflect the same percentage increase as the percentage increase in the average number of
customers. This adjustment results in a decrease in expense of$52,095.
• Our final adjustments to O&M expense are for taxes other than income. Due to the
recommended adjustment to payroll expense, we have reduced payroll taxes by $3,158.
We had adjusted property taxes to take into account our recommended gas storage
inventory, which reduces the amount proposed by CoSery by$27,758.
FEDERAL INCOME TAXES
For purposes of this report, we have computed a federal income tax effect of all of the above in
the same manner as proposed by the Company. Due to the range in the capital structure, the FIT
amounts range from $1,291,368 to $1,614,210. These computations are shown on the two
attached alternative CTC Schedule 5s.
CAPITAL STRUCTURE AND RATE OF RETURN
In the prior case, the Cities and the Company came to an agreement on the total increase in
revenue requirements and did not definitively establish a capital structure or rate of return. The
Company had proposed the use of a hypothetical capital structure in much the same manner as
proposed in this case. However a closer look at the organizational and financial structure of
CoSery is warranted now that operations and investment are more established.
CoSery does not have its own equity, but rather is partially funded by its affiliated partners along
with its own long-term debt. As of the end of the test year, CoServ's trial balance reflected an
"equity" position that was negative, and outstanding long term debt approximately equal to the
total rate base requested in this proceeding. Therefore, if we were to use the actual capital
structure, the rate of return would be solely based on CoSery Gas' cost of debt.
Conversely, the use of other gas distribution companies to determine both capital structure and
rate of return is, in our opinion, not entirely supportable in that CoSery Gas Ltd. is a partnership
held by a cooperative electric provider, with a board of directors that sets the return, (not the
market place). If we review the capital structure of CoSery electric as of 2007, the percentage of
1300 E. Lookout Dr., Suite 100 Phone 972.680,2000
Richardson TX 75082 Fax 972.680.2007
Ms. Kristen Doyle
March 31, 2009
Pi c 7
debt and equity was 66.4% and 33.6%, respectively. CoSery is requesting a capital structure
that is based on 44.2% debt and 55.8% equity, which in our opinion, is not at all reflective of its
operations or its affiliates' operations. In order to provide the Cities alternatives, we have
provided the rate of return computations with a capital structure of 60/40% (reflective of CoSery
Electric) and a capital structure of 50/50%. We recommended that the Company's proposed
capital structure be rejected.
In our opinion, CoServ's gas operation more closely matches that of a municipal utility
operation where the customers (taxpayers) are the owners. Based on this premise, we are
recommending that the rate of return be a combination of CoSery Gas' actual debt costs and an
equity cost component based on non-investor owned electric computations. Instructions for the
TCOS in PUC Project No. 21276 provided that using a "rate of return method" for a municipal
utility, river authority, power agency or electric cooperative should include:
"A cost of owner's equity equal to the average yield for bonds of an entity with the
TSP's credit rating published in Moody's Credit Perspective or similar publication
during the most recent three months plus two percent shall be presumed reasonable."
We used the Moody's Municipal Bond Averages as of March 5, 2009 to develop a
recommended return on equity under the above approach of 8.2%. We used the average of the
"A" and "Baa" ratings (6.2%) and added the above referenced 2%. The actual debt cost for
CoSery Gas, based on the trial balance provided in the rate filing, is 6.7%. Using the 60/40%
capital structure, the overall rate of return is 7.30%, with a 50/50% capital structure providing a
ROR of 7.45%. These compare to the Company's requested ROR of 8.93%.
COST OF SERVICE AND RATE DESIGN
CoSery is requesting a rate design that is based on a flat monthly fee for service for residential
and non-large commercial customers. The proposal includes three usage categories for
residential and two for non-large commercial customers where category assignment is based on
a prior year's entire usage. The Company's proposal for large users is to maintain a traditional
customer charge and volumetric charge based on actual monthly usages.
We do not recommend the rate design proposed by the Company. Although it will provide the
Company with a steady stream of revenue with fewer impacts from weather fluctuations, it does
not provide for a cost-causal matching during the period the rates are charged. Additionally, a
flat rate structure would not promote conservation during periods when natural gas supplies are
1300 E. Lookout Dr., Suite 100 Phone 972.680.2000
Richardson TX 75082 Fax 972.680.2007
Ms. Kristen Doyle
March 31, 2009
8
lessened due to weather or economics factors as the customers will pay a flat rate for entire year,
regardless of usage. Therefore, we recommend a traditional approach that provides for a
monthly customer charge (steady stream of revenue), plus a volumetric rate applied to actual
monthly usage. In periods where gas costs increase, the customer may be able to use less and
therefore, pay less, without having to wait until the following year to realize any cost savings.
With respect to conservation, CoSery is proposing a separate rate rider that would charge each
customer $.005 per Ccf (hundred cubic feet). These proceeds are to be used to fund the
Company's "Conservation Program," which is stated as a program that will provide financial
assistance to qualified customers to buy energy reducing goods and services. We recommend
that the Cities disallow this proposal. The Company has not provided detail of the programs to
be included, the estimated energy savings for each program, or how the conservation efforts will
benefit the entire customer base that will be charged the additional rate.
One additional issue came to our attention during the rate review. CoSery Electric provides a
program to both electric and gas customers which allows a "rounding-up" of a customer's
billing to the nearest whole dollar; Operation Roundup®. The proceeds go to the CoSery
Foundation, which distributes funding for a variety of charitable causes within the CoSery
service area. However, the Company did not file any proposed rider for this type of program for
its gas billings. In our opinion, the Cities should have approved such a program before its
implementation as these are essentially charitable contribution being made by the customers.
In general, charitable contributions are included in the rate filing so regulators can determine the
appropriateness of requiring ratepayers to pay for such contributions. In the instant case,
CoSery has removed its reported charitable contributions for the test year (approximately
$5,000), but it did not include any information concerning the contributions under Operation
Roundup®. Based on our inquiries, CoSery reported that customers who only received gas
service contributed $64,000 during the 2008 calendar year. Additionally, the combined gas and
electric customers contributed $177,000 for the same period. Assuming gas revenue represents
30% of the total revenue received from the combined billings, gas customer contributed
approximately $117,000 during 2008. Again, there was no regulatory approval for these
collections.
J. Stowe & Co. greatly appreciates this opportunity to assist the Cities served by CoServ.
Additional analysis will be conducted with an update to this preliminary report after the Cities
have provided direction with respect to the revenue requirements and rate design issues. If you
1300 E. Lookout Dr., Suite 100 Phone 972.680.2000
Richardson TX 75082 Fax 972,680.2007
Ms. Kristen Doyle
March 31, 2009
1 9
have any questions concerning these initial findings and recommendations, please contact Ms.
Connie Cannady at 972-680-2000.
Very truly yours,
Connie Cannady
Manager
J. Stowe & Co.
1300 E. Lookout Dr., Suite 100 Phone 972.680.2000
Richardson TX 75082 Fax 972.680.2007
03/31/2009 TUE 14: 19 FAX 9726802007 J. Stowe & Co. 0001/007
J . S T-C)vv & C cp.
Fax
To: From: Of
Fax: 5/ cf 7)- -0 S- Pages: 7
Phone: Date: 3/-3 / /0 `7
Re: CC:
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• Comments:
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1300 E.Lookout Dr.,Suite 100 Richardson,TX 75082 P 972.680.2000 F 972.680.2007
PAGE 117 RCVD AT 3/3112009 5:14:33 PM[Central Daylight Time)"SVR:MIS-FAX0111 DNIS:200 CSID:9726802007"DURATION(mm-ss):01-50
03/ /2009 TUE 14: 19 FAX 9726802007 J. Stowe 6. Co. U002/007
ALTERNATIVE 60%140% CTC SCHEDULE 1
COSERV GAS,LTD.
TEST YEAR ENDED JUNE 30,2008
RECOMMENDED REVENUE REQUIREMENTS
COMPANY CONSULTANT CONSULTANT
PROPOSED RECOMMENDED RECOMMENDED
REVENUE REQUIREMENTS(1) ADJUSTMENT REVENUE REQUIREMENTS
Operating Expenses $8,359,893 (:;289,722) $8,070,171 (2)
Federal Income Taxes 2,477,883 I,186 5:5) 1,291,368 (3)
Return on Investment 6,704,322 i3ii8 5,335,688 (4)
Subtotal 17,542,098 14,697,227
State Margin Tax 206,849 (32.54n) 173,303 (5)
Total Revenue Requirements(excluding Gas Cost
Revenue Related Taxes) $17,748,947 (S2,:,'/671 i 7) $14,870,530
Sources
(1)Calculated from Rate Filing Package,Schedule A
(2)CTC Schedule 3
(3)CTC Schedule 5
(4)Calculated from CTC Schedule 2 and CTC Schedule 6
(5)Based on same proportional computations as Cosery State Margin Tax
PAGE 217"RCVD AT 3131/2009 5:14:33 PM[Central Daylight Time]"SVR:MIS-FAX0111•DNIS:200 CSID:9726802007.DURATION(mm-ss):01-50
03/31/2009 TUE 14: 19 FAX 9726802007 J. Stowe & Co. 20 0 3/0 0 7
CTC SCHEDULE 2
COSERV GAS,LTD.
TEST YEAR ENDED JUNE 30,2008
ORIGINAL COST OF INVESTED CAPITAL
CONSULTANT
COMPANY CONSULTANT RECOMMENDED
INVESTED PROPOSED INVESTED
CAPITAL(1) ADJUSTMENTS CAPITAL
Plant in Service:
Intangible Plant $22,686 $0 $22,686
Distribution Plant 67,772,190 $0 67,772,190
General Plant 1,279,883 $0 1,279,883
Gross Plant in Service
69,074,759 0 69,074,759
Reserve for Depreciation and Amortization 0 (5,719,730) (2)
Net Plant in Service 63,355,029 0 63,355,029
Other Rate Base Items:
Working Capital
Deferred Carrying Costs on PHFU 8,541,385 0 8,541,385
Storage Gas 3,727,212 2,390,496 (3)
Materials and Supplies 18,003 0 18,003
Prepayments 32,983 0 32,983
Cash Working Capital 633,382 0
Customer Deposits (7(“1,261) 0 44,251)
Customer Advances (2,Z-M 0 (2,3873.21
Deferred FIT Depreciation Timing 3,925,516 0 3,925,516
Deferred FIT Interest 0 (2,1)18.621)
Net Original Cost of Invested Capital $75,082,419 ($1,970,098) $73,112,321
Sources:
(1)Rate Filing Package,Schedule B-1
(2)Rate Filing Package,WKP H-4-3
(3)CTC Schedule 7
PAGE 3/7*RCVD AT 3/3112009 5:14:33 PM[Central Daylight Time]"SVR:MIS-FAX0111 DNIS:200"CSID:9728802007"DURATION(mm-ss):01-50
03/31/2009 TUE 14: 20 FAX 9726802007 J. Stowe S Co. 0004/007
CTC SCHEDULE 3
COSERV GAS,LTD.
TEST YEAR ENDED JUNE 30,2008
ADJUSTED O&M EXPENSE
CONSULTANT CONSULTANT
COMPANY RECOMMENDED RECOMMENDED
PROPOSED(1) ADJUSTMENT(2) O&M EXPENSE
Distribution Operations Expense $1,001,381 $988,397
Distribution Maintenance Expense 624,541 ($4,804) 619,737
Customer Accounts Expense 2,202,585 (S219,970) 1,982,615
Customer Information Expense 45,537 $0 45,537
Sales Expense 60,154 ($1,872) 58,282
Administrative and General Expense 1,955,428 ($19,176) 1,936,252
Total Operating Expense 5,889,626 (2b8,806) 5,630,820
Depreciation Expense 2,127,075 0 2,127,075
Taxes Other Than Income 343,192 (30,916) (3) 312,276
Total Expense Before FIT $8,359,893 (5289,722) $8,070,171
Sources:
(1)Calculated from Company Response to Cities RFI 1-9
(2)CTC Schedule 4
(3)Calculated from Rate Filing Package Schedules A-6 and A-10 and Company Confidential Workpaper,WKP A-2-4_2
PAGE 4/7"RCVD AT 3/3112009 5:14:33 PM[Central Daylight Time]"SVR:MIS-FAX0111 DNIS:200 CSID:9726802007"DURATION(mm-ss):01-50
03/31/2009 TUE 14: 20 FAX 9726802007 J. Stowe Si Co. 0005/007
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PAGE 517*RCVD AT 313112009 5:14:33 PM[Central Daylight Time]*SVR:MIS-FAX0111*DNIS:200*CSID:9726802007*DURATION(mm-ss):01.50
oa/az/c000 roo zx: ro FAX 9726802007 J. Stowe & Co. U006/007
ALTEmmATNE0V%/4V% CTC SCHEDULE
oOosww GAS, LTD,
ADJUSTMENT To PRO FORMA FEDERAL INCOME TAX
TEST YEAR ENDED JUNEo0. 2UV8
Consultant Recommended Rate Baae(1) $73.112.321
Percentage Equity(2) 3.280Y4
Taxable Component ofReturn 2.398.084
Federal Income Tax Rate(3) 35,0096
Adjusted Tax Rate (35.DO%/6588%)<8) 50.850096
Consultant Recommended Federal Income Tax $1.281.368
Sources:
(1) CTC Schedule 2
(2) CTC Schedule 6
(3) Rate Filing Package, Schedule*'1
03/31/2009 ToE 14' 20 FAX orzoouzoo/ J. Stowe o Co. 0007/007
ALTERNAT[VE6U%/4O% CTC SCHEDULE 8
COSERV GAS, LTD.
CONSULTANT RECOMMENDED
COST OFCAPITAL
(1) (1)
(1) COMPANY CONSULTANT CONSULTANT
COMPANY PROPOSED PROPOSED PROPOSED
CAPITAL COST OF CAPITAL COSTOF
STRUCTURE CAPITAL STRUCTURE CAPITAL
Debt 442096 2.800Y6 60,00Y6 4,01096
Preferred SVnoh 0,20% 0,01096 0.00Y6 0.000%
Common Equity 55�6096 0.120% 40.00% 1280% (2)
100.00% 8.33% 100.00% 7.297$%
Weighted Cost of Capital 8.33% 7.30Y6
Sources:
(1) Rate Filing Package, Schedule F'1
(2) Based on Municipal Bonds auofMarch 5, 2OO9 plus 2OO basis points
ALTERNATIVE 50%/50% CTC SCHEDULE 1
COSERV GAS,LTD.
TEST YEAR ENDED JUNE 30,2008
RECOMMENDED REVENUE REQUIREMENTS
COMPANY CONSULTANT CONSULTANT
PROPOSED RECOMMENDED RECOMMENDED
REVENUE REQUIREMENTS(1) ADJUSTMENT REVENUE REQUIREMENTS
Operating Expenses $8,359,893 ($289 722) $8,070,171 (2)
Federal Income Taxes 2,477,883 (863,673) 1,614,210 (3)
Return on Investment 6,704,322 (1.258.714) 5,445,608 (4)
Subtotal 17,542,098 t2,412,109) 15,129,989
State Margin Tax 206,849 (28.443) 178,406 (5)
Total Revenue Requirements(excluding Gas Cost
Revenue Related Taxes) $17,748,947 ($2,440 551) 515,308,396
Sources:
(1)Calculated from Rate Filing Package,Schedule A
(2)CTC Schedule 3
(3)CTC Schedule 5
(4)Calculated from CTC Schedule 2 and CTC Schedule 6
(5)Based on same proportional computations as Cosery State Margin Tax
CTC SCHEDULE 2
COSERV GAS,LTD.
TEST YEAR ENDED JUNE 30,2008
ORIGINAL COST OF INVESTED CAPITAL
CONSULTANT
COMPANY CONSULTANT RECOMMENDED
INVESTED PROPOSED INVESTED
CAPITAL(1) ADJUSTMENTS CAPITAL
Plant in Service:
Intangible Plant $22,686 $0 $22,686
Distribution Plant 67,772,190 $0 67,772,190
General Plant 1,279,883 $0 1,279,883
Gross Plant in Service
69,074,759 0 69,074,759
Reserve for Depreciation and Amortization (5,719730) 0 (5,719730) (2)
Net Plant in Service 63,355,029 0 63,355,029
Other Rate Base Items:
Working Capital
Deferred Carrying Costs on PHFU 8,541,385 0 8,541,385
Storage Gas 3,727,212 1,336,716) 2,390,496 (3)
Materials and Supplies 18,003 0 18,003
Prepayments 32,983 0 32,983
Cash Working Capital 633,382 (633,382) 0
Customer Deposits (744,251) 0 (744,251)
Customer Advances (2,388,219) 0 (2.388,2 )
Deferred FIT Depreciation Timing 3,925,516 0 3,925,516
Deferred FIT Interest (2,018.621) 0 (2.018.621)
Net Original Cost of Invested Capital $75,082,419 ($1,970,098) $73,112,321
Sources:
(1)Rate Filing Package,Schedule B-1
(2)Rate Filing Package,WKP H-4-3
(3)CTC Schedule 7
CTC SCHEDULE 3
COSERV GAS, LTD.
TEST YEAR ENDED JUNE 30. 3008
ADJUSTED O&M EXPENSE
CONSULTANT CONSULTANT
COMPANY RECOMMENDED RECOMMENDED
PROPOSED(1) ADJUSTMENT(2) O&M EXPENSE
Distribution Operations Expense $1.001.381 $888.387
Distribution Maintenance Expense 024.541 (S4.004) 618.787
Customer Accounts Expense 2.202.585 1.802.615
Customer Information Expense 45.537 $O 45.537
Sales Expense 50.154 ($1.072) 58.282
Administrative and General Expense 1.855.428 ($/9.176) 1.936.252
Total Operating Expense 5.888.026 (258.806) 5.630.820
Depreciation Expense 2.127.075 O 2.127.075
Taxes Other Than Income 343.192 (30,916) (3) 812.270
Total Expense Before FIT $8.859.883 ($289.722) $8.070.171
Sources:
(1)Calculated from Company Response 0z Cities RF| 1'8
(2)CTC Schedule 4
CTC SCHEDULE 4
COSERV GAS,LTD.
ADJUSTMENT TO PRO FORMA O&M EXPENSES
TEST YEAR ENDED JUNE 30,2008
(1) (2) (3) (4) (14)
Customer Records Interest on Total Adjustment
No Particulars Amount Payroll Adjustment Meter Reading and Collections Customer Deooelts To OEM Exoense
DISTRIBUTION OPERATION EXPENSES
870 Operation supervision and engineering. $ 250,559 6T7 VV°1 is1 TUT( $248,975
871 Distribution load dispatching 5,470 I$2fi+1 i $5.179
874 Mains and services. 159,840 $103 $103 $159,943
875 Measuring and regulating station--General. $0 $408,383
876 Measuring and regulating station—Industrial $0 $665
877 Measuring and regulating station--City gate check stations. 408,383 $0 $13,438
878 Meter and house regulator. 665 ;a7 z'-3s) (57,0.1/C $64,311
879 Customer installations. 13,438 2 i627 - ,
880 Other- 72,160 5555W, - tAREF!
881 Rents. 626 $0 #REF!
Subtotal Distribution Operation Expenses $ 911,141 ( (-1(LU[ 0 0 0 )?Te-.y #REF!
DISTRIBUTION MAINTENANCE EXPENSES
885 Supervision and engineering. $ 5,738,408 £f(5(21 (St TILT $5,737,396
886 Structures and improvements. $0 $0
887 Mains. - ._ (53.54 $59,713
889 Measuring®ulating station equipment--General. 60,065 ($796) .
�F�n =m:sir.)
890 Measuring®ulating station equipment--Industrial. a$0 $96
891 Measuring®ulating station equipment—City gates. - i7(4, 1577I4 ($71 0)
892 Services. 96 498 $498 $498
893 Meters arid house regulators. - i 13N0'1 15+}30} #REF!
894 Other equipment - (T,.i.i(C) #REF!
Subtotal Distribution Maintenance Expenses $ 5,798,569 .=.XT4i 0 0 0 )4,804( #REF!
CUSTOMER ACCOUNTS EXPENSES
901 Supervision. $ 1,573,970 57, 7 $1,573,137
902 Meter reading expense. 0 I7'.0', (1601557( (;1c7.TX' (Viol.214)
903 Customer records and collection expense. - 252 (SL,OTS) _ io I U/i ._.
42)
904 Uncollectible accounts. 57,610 $0 $57,610
905 Miscellaneous customer accounts expenses - $0 $0
Subtotal Customer Accounts Expense $ 1,631,580 it.3r('] (1(55490: (52:7.95j 0 ,..1T.T7T1 1,411,610
CUSTOMER SERVICE AND INFORMATIONAL EXPENSES
907 Supervision $ - $0 $0
908 Customer assistance expenses - $0 $0
909 Informational and instructional advertising expense - $0 $0
910 Miscellaneous customer sei vice and information expense - $0 $0
Subtotal Customer Service and Informational Expenses $ - 0 0 0 0
SALES EXPENSE
911 Supervision $ - (I372'i ,51.03?
912 Demonstrating and selling expense - $0 $0
913 Advertising expense $0 $0
916 Miscellaneous sales promotion expense. $0 $0
Subtotal Sales Expense $ - L1.872) 0 0 0 -'!lily Il5121
ADMINISTRATIVE AND GENERAL EXPENSES
920 Administrative and general salaries. $ - ie541>II ?$?I7.4 1? {5, ,izlil
921 Office supplies and expenses. 116,313 $0 $116,313
922 Capitalized Corporate Overhead - $0 $0
923 Outside services employed. - $0 $0
924 Property insurance. - $0 $0
925 Injuries and damages. - ($1,715) (57.7'FI ($I7(5?
926 Employee pensions and benefits. - $0 $0
928 Regulatory commission expense. - $0 $0
930.1 General advertising expenses. - $0 $0
930.2 Rents - $0 $0
932 Maintenance of general plant. - $0 $0
Subtotal Administrative&General Expenses $ 116,313 415r.,7oi 0 0 0 O,176) 97,137
Interest on Customer Deposits 34,905
Total Operating&Maintenance Expenses $ 8,492,508 $ (40,213) $ (166,499) $ )52,095) $ - $ (258,806) #REF;
Sources:
(1)Calculated from Company Response to Cities RFI 1-9
(2)Calculated from Company Confidential Workpapers,WKP A-2-2_2
(3)Calculated from Company Confidential Workpapers WKP J-8-1d
(4)Calculated from Company change in annual expense relative to change in customers
ALTERNATIVE 50%150% CTC SCHEDULE 5
COSERV GAS, LTD.
ADJUSTMENT TO PRO FORMA FEDERAL INCOME TAX
TEST YEAR ENDED JUNE 30, 2008
Consultant Recommended Rate Base(1) $73,112,321
Percentage Equity(2) 4.100%
Taxable Component of Return 2,997,605
Federal Income Tax Rate(3) 35.00%
Adjusted Tax Rate(35.00%/6598%)(3) 53.8500%
Consultant Recommended Federal Income Tax $1,614,210
Sources:
(1)CTC Schedule 2
(2)CTC Schedule 6
(3)Rate Filing Package, Schedule H-1
ALTERNATIVE 50%/50% CTC SCHEDULE 6
COSERV GAS, LTD.
CONSULTANT RECOMMENDED
COST OF CAPITAL
(1) CO
(1) COMPANY CONSULTANT CONSULTANT
COMPANY PROPOSED PROPOSED PROPOSED
CAPITAL COST OF CAPITAL COST OF
STRUCTURE CAPITAL STRUCTURE CAPITAL
Debt 44.20% 2.800% 50.00% 3.348%
Preferred Stock 0.20% 0.010% 0.00% 0.000%
Common Equity 55.60% 6.120% 50.00% 4.100% (2)
100.00% 8.93% 100.00% 7.4483%
Weighted Cost of Capital 8.93% 7.45%
Sources:
(1) Rate Filing Package, Schedule F-1
(2) Based on Municipal Bonds as of March 5, 2009 plus 200 basis points