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04-22-2014 (City Council) Agenda Packet Wylie City Council ITWY-LIE NOTICE OF MEETING Regular Meeting Agenda April 22, 2014— 6:00 pm Wylie Municipal Complex Council Chambers/Council Conference Room 300 Country Club Road, Building #100 Eric Hogue Mayor Rick White Mayor pro tern Keith Stephens Place 1 NathanScott Place 2 Todd Wintters Place 3 Bennie Jones Place 4 Diane Culver 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,iv lietexas, g ov within the required time frame. As a courtesy, the entire Agenda Packet has also been posted on the City of Wylie website: www.wylietexas,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 972.516.6020. Hearing impaired devices are available from the City Secretary prior to each meeting. CALL TO ORDER Announce the presence of a Quorum. INVOCATION & PLEDGE OF ALLEGIANCE PRESENTATIONS • Presentation -Wylie Way Students 3rd 9 Weeks • Presentation—Joining Community Forces (Texas National Guard Armory- Wylie) • Presentation of a donation of new recumbent bikes by Wylie Advocates of Senior Activities (WASA) to the Wylie Senior Recreation Center. (R. Diaz, Parks &Rec Superintendent) 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 22,2014 Wylie City Council Regular Meeting Agenda Page 2 of 5 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 of the April 8, 2014 Regular Meeting of the Wylie City Council. (C. Ehrlich, City Secretary) B. Consider, and place on file, the City of Wylie Monthly Revenue and Expenditure Report for March 31,2014. (L. Rant, Finance Director) C. Consider, and place on file, the City of Wylie Monthly Investment Report for March 31, 2014. (L. Bantz, Finance Director) D. Consider, and place on file, the WEDC Financial Report for February 28, 2014.. (S. Satterwhite, WEDC Executive Director) E. Consider, and act upon, authorizing the City Manager to execute a Development Agreement between the City of Wylie and Bloomfield Homes, LP for reimbursement of a portion of the construction cost of a 15-inch sanitary sewer line. (C. Hoisted, City Engineer) F. Consider, and act upon, approval and final acceptance of the reconstruction of West Brown Street from Country Club Drive to Ballard Avenue and authorize final payment to McMahon Contracting, LP in the amount of$356,798.70 and accept the project as complete. (C. Hoisted, City Engineer) G. Consider, and act upon, a Final Plat for Woodbridge Phase 16, consisting of 25.803 acres for 111 single family residential lots and 5 HOA open space lots, generally located north of Sachse Road at Creek Crossing Drive. (R. 011ie, Planning &Zoning Director) H. Consider, and act upon, Ordinance No. 2014 12 annexing a certain 6.210 acres of land situated in the Lewis M. Marshall Survey,Abstract No. 594 and the William Patterson Survey, Abstract No. 716, Collin County, Texas, being a portion of a called 23.014 acre tract of land described in the general warranty deed to Creekside Development VII, LLC, recorded in Instrument No. 20130722001018620, official public records of Collin County, Texas; providing for a penalty for the violation of this ordinance; providing for the repeal of all ordinances in conflict; providing a severability clause; and providing for an effective date. 2014-02A (R. 011ie, Planning &Zoning Director) I. Consider, and act upon, Ordinance No. 2014-13 annexing a certain 62 acres of land situated in the Francisco de la Pina Survey, Abstract No.A0688, Collin County, Texas, being comprised of the following tracts of land; a 1.500 acre tract of land conveyed to Dot Marie Kreymer recorded in Volume 5066, Page 02965, Collin County deed records, Collin County, Texas, a 3.465 acre tract of land conveyed to Crosscountry Villas,LLC, a Texas Limited Liability Company recorded in Clerk's File No. 20131120001562630, Real Property Records, Collin County, Texas, a 36.61 acre tract of land known as Tract I,A 0.49 acre tract of land known as Tract II conveyed to Crosscountry Villas,LLC, a Texas Limited Liability Company recorded in Clerk's File No. 20110812000853240, real property records, Collin County, Texas, a 4.00 acre tract of land conveyed to Crosscountry Villas, LLC recorded in Clerk's File No. 20130524000716080, real property records, Collin County, Texas, a total of April 22,2014 Wylie City Council Regular Meeting Agenda Page 3 of 5 13.1309 acres of land and being Tract I (3.00 acres) and Tract II (10.1309 acres) conveyed to Robert Kreymer and wife, Phyllis Kreymer recorded in Volume 2967, Page 275, and being a part of a 10.1309 acre tract of land known as Tract I and a part of a 3.00 acre tract of land known as Tract II conveyed to Robert Kreymer and wife, Phyllis Kreymer recorded in Volume 2967, Page 268, deed records, Collin County, Texas; providing for a penalty for the violation of this ordinance; providing for the repeal of all ordinances in conflict; providing a severability clause; and providing for an effective date. 2014-01A (R. 011ie, Planning& Zoning Director) REGULAR AGENDA 1. Consider and act upon, a Resolution No. 2014-08(R) of the City Council of the City of Wylie, Texas, authorizing the sale of certain real property; authorizing the solicitation of bids in connection with same; providing for repealing, savings and severability clauses; and providing for an effective date. (J. Butters, Assistant City Manager) Executive Summary The Bart Pedicord Community Center is located at 100 E Oak Street. 108 and 110 N. Jackson Street are the two lots which comprise the parking lot North of the Bart Pedicord Center and adjacent to the Laundry Mat. 2. Consider, and act upon, Ordinance No. 2014-14 amending Ordinance No. 2013-35, which established the Budget for Fiscal Year 2013-2014; repealing all conflicting ordinances; providing for a severability clause; and providing for an effective date. (L. Bantz, Finance Director) Executive Summary The Mid-Year Budget amendments are generally intended to cover unanticipated and/or unavoidable revenue and expenditure adjustments to the adopted budget. The detail is attached for those items requested. 3. Consider and act upon Ordinance No. 2014-15 repealing Ordinance No. 2009-11, codified as Division 3 (Water Conservation and Drought Contingency and Water Emergency Response Plan) of Article IV (Water) of Chapter 114 (Utilities) of the Wylie Code of Ordinances and adopting a Water Conservation Plan to promote the responsible use of water; requiring the filing of this ordinance and plan with the Texas Commission on Environmental Quality; providing for penalties for the violation of this ordinance; providing repealing, savings and severability clauses, an effective date and for the publication of the caption hereof. (M. Sferra, Public Services Director) Executive Summary The City Council adopted the current Water Conservation Plan in April 2009. Title 30 Texas Administrative Code, Chapter 288 requires water systems to update and resubmit their Water Conservation Plans to the Texas Water Development Board every five years after initial adoption. 4. Consider and act upon Ordinance No. 2014-16 repealing Ordinance No. 2011-24, codified as Division 2 (Drought Contingency Plan) of Article IV (Water) of Chapter 114 (Utilities) of the Wylie Code of Ordinances and adopting a Water Resource and Emergency Management Plan to promote the responsible use of water; requiring the filing of this ordinance and plan with the Texas Commission on Environmental Quality; providing for penalties for the violation of this ordinance; providing repealing, savings and severability clauses, an effective date and for the publication of the caption hereof. (M. Sferra, Public Services Director) April 22,2014 Wylie City Council Regular Meeting Agenda Page 4 of 5 Executive Summary The City Council adopted the current version of Drought Contingency Plan in April 2011. Title 30 Texas Administrative Code, Chapter 288 requires water systems to update and resubmit their Drought Contingency Plans to the Texas Water Development Board every five years after initial adoption or as appropriate due to new or updated information. READING OF ORDINANCES Title and caption approved by Council as required by Wylie City Charter, Article III, Section 13-D. EXECUTIVE SESSION Recess into Closed Session in compliance with Section 551.001, et.seq. Texas Government Code, to wit: §§Sec. 551.072.DELIBERATION REGARDING REAL PROPERTY; CLOSED MEETING. A governmental body may conduct a closed meeting to deliberate the purchase, exchange, lease, or value of real property if deliberation in an open meeting would have a detrimental effect on its negotiating position. a. Section 551.071. Meeting with City Attorney to receive legal advice regarding the following pending litigation, including but not limited to, any settlement offers related thereto: i. Cause No. 416-00942-2010; Wylie Independent School District v. Bernadette R. Reynolds, a/k/a Bernadette Reynolds, Barbara Ginder (in rem only) and the City of Wylie, Texas, in the 416th Judicial District Court of Collin County, Texas; and ii. Cause No. 429-02637-2013; City of Wylie, Texas v. Jose Francisco Luevano, Yolando Luevano, in rem and in personam, Wells Fargo Home Mortgage, Inc., Federal Home Loan Mortgage Corp., and Wells Fargo Bank, N.A., in the 429th Judicial District Court of Collin County, Texas. RECONVENE INTO OPEN SESSION Take any action as a result from Executive Session, including but not limited to: a. Consider and act upon a Resolution No. 2014-09(R) regarding the abatement of the substandard structure located at 200 S. 2nd Street, Wylie, Texas; authorizing the City Manager to: (i) initiate a Chapter 54, TEX. LOC. GOV'T CODE, lawsuit, if deemed necessary; (ii) execute any and all documents necessary to effectuate the abatement, including but not limited to, any settlement regarding the lawsuit and/or abatement; and (iii) take any and all actions deemed necessary by the City Manager to effectuate the abatement; ratifying any and all actions taken and/or documents executed by the City Manager prior to the effective date of this Resolution relating to the abatement; providing for repealing, savings and severability clauses; and providing for an effective date. b. Consider and act upon a Resolution No. 2014-10(R) regarding the abatement of the substandard structure located at 705 Jackson Avenue, Wylie, Texas; authorizing the City Manager to: (i) initiate a Chapter 54, TEX. LOC. GOV'T CODE, lawsuit, if deemed necessary; (ii) execute any and all documents necessary to effectuate the abatement, including but not limited to, any settlement regarding the lawsuit and/or abatement; and (iii) take any and all actions deemed necessary by the City Manager to effectuate the abatement; ratifying any and all actions taken and/or documents executed by the City Manager prior to the effective date of this Resolution relating to the abatement; providing for repealing, savings and severability clauses; and providing for an effective date. April 22,2014 Wylie City Council Regular Meeting Agenda Page 5 of 5 ADJOURNMENT In addition to any specifically identified Executive Sessions, Council may convene into Executive Session at any point during the open meeting to discuss any item posted on this agenda. The Open Meetings Act provides specific exceptions that require that a meeting be open. Should Council elect to convene into Executive Session, those exceptions will be specifically identified and announced. Any subsequent action, as a result of this Executive Session, will be taken and recorded in open session. CERTIFICATION I certify that this Notice of Meeting was posted on April 18, 2014at 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: www.wylietexas.gov. Carole Ehrlich,City Secretary Date Notice Removed 7471 Wylie City Council CITY OF WYLIE Minutes Wylie City Council Meeting Tuesday, April 8, 2014 - 6:00 p.m. Wylie Municipal Complex - Council Chambers 300 Country Club Road, Bldg. 100 Wylie, TX 75098 CALL TO ORDER Announce the presence of a Quorum. Mayor Eric Hogue called the meeting to order at 6:00 p.m. City Secretary Carole Ehrlich took roll call with the following City Council members present: Mayor pro tem Rick White, Councilman Nathan Scott, Councilman Keith Stephens, and Councilman Todd Wintters. Councilwoman Diane Culver, Councilman Bennie Jones were absent. Staff present were: City Manager, Mindy Manson; Assistant City Manager, Jeff Butters; Police Chief, John Duscio; Planning Director, Renae 011ie; Library Director, Rachel Orozco; Finance Director, Linda Bantz; WEDC Executive Director, Sam Satterwhite; City Secretary, Carole Ehrlich; PIO, Craig Kelly, and various support staff. INVOCATION & PLEDGE OF ALLEGIANCE Councilman Todd Wintters gave the invocation and Corporal Ethan Maeder led the Pledge of Allegiance. Mayor Hogue addressed the audience introducing Ethan Maeder as a 2009 graduate of Wylie High School. He is currently serving in the United States Marines. Mayor Hogue noted Ethan's parents were also Wylie residents. Mayor Hogue thanked Ethan for his service to our country. PRESENTATIONS • Proclamation for National Library Week, April 12 — 19, 2014 (Orozco, Library Director) Mayor Hogue presented a proclamation proclaiming April 12 — April 19, 2014 as National Library Week. Members of the Library Board, Friends of the Library and staff were present to accept the proclamation. • Proclamation declaring April 13, 2014 through April 19, 2014 as National Public Safety Telecommunications Week in the City of Wylie. (R. Corbin, Fire Chief) Minutes April 8, 2014 Wylie City Council Page 1 Mayor Hogue, presented Battalion Chief Robert Ballard and members of the Wylie Telecommunications staff a proclamation designating April 13, - April 19, 2014 as National Public Safety Telecommunications Week. 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. Bobby Heath, representing the Wylie Downtown Merchants Association addressed council thanking the engineering staff and specifically City Engineer Chris Hoisted for his assistance in the Brown Street west thoroughfare improvements; most importantly the area near the Historic Downtown District. Dennis Keck residing at 1902 Clearwater, Wylie addressed council with concerns regarding the lack of a city ordinance restricting minors from purchasing or possessing e-cigarettes and vapor products. He also voiced concern with voter turnout in the City. 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 of the March 25, 2014 Regular Meeting and March 29, 2014 Special Called Meeting of the Wylie City Council. (C. Ehrlich, City Secretary) B. Consider, and act upon, approval of a Site Plan for Woodbridge Centre, Phase 1, Block B, Lot 10 (Rock Wood Fired Kitchen) developing a 7,731 square foot two-story restaurant facility, generally located south of FM 544 and west of Woodbridge Parkway. (R. 011ie, Planning &Zoning Director) C. Consider, and act upon, approval of a Final Plat for Covington Estates Phase I consisting of 14.308 acres for 44 single family residential lots, generally located on Ballard Avenue, and approximately 1000' south of Alanis Drive. (R. 011ie, Planning & Zoning Director) D. Consider, and act upon, the vendor request from Girl Scout Troop #3345 father/daughter fundraiser event at Olde City Park on June 7, 2014. (R. Diaz, Parks & Rec Superintendent) E. Consider, and place on file, the monthly Revenue and Expenditure Report for the Wylie Economic Development Corporation as of February 28, 2014. (S. Satterwhite, WEDC Director) F. Consider, and act upon, Resolution No. 2014-05(R) of the City Council of the City of Minutes April 8, 2014 Wylie City Council Page 2 Wylie, Collin, Dallas and Rockwall counties, Texas, amending Resolution No. 2014- 02(R) (Order of Election), Section 7, to amend the election judges; and providing for an effective date. (C. Ehrlich, City Secretary) G. Consider, and act upon, Resolution No. 2014-06(R) of the City Council of the City of Wylie, Texas, hereby authorizing the City Manager of the City of Wylie, Texas, to enter into an interlocal cooperative purchasing agreement between National Cooperative Purchasing Alliance (NCPA) and the City of Wylie for the use of the City of Grand Prairie's contracts. (G. Hayes, Purchasing Agent) H. Consider and action upon, Resolution No. 2014-07(R) of the City of Wylie, Texas establishing a Travel Policy for City Council Members; and providing for an effective date. (M. Manson, City Manager) Council Action A motion was made by Mayor pro tem White, seconded by Councilman Scott to approve the consent agenda as presented. A vote was taken and the motion passed 5-0 with Councilwoman Culver and Councilman Jones absent. REGULAR AGENDA 1. Conduct the 2nd Public Hearing for the annexation of approximately 62 acres of land situated in the Francisco De La Pina Survey, Abstract No. A0688, Collin County, Texas, generally located west of E. Stone Road and approximately 1,600 feet south of Brown Street. 2014-01A (R. 011ie, Planning & Zoning Director) Mayor pro tem White recused himself from discussion on this item and left the room due to a conflict of interest. The affidavit is filed with the City Secretary. Staff Comments Planning Director 011ie reported this annexation is at the request of property owners of three tracts of land. The subject tracts are contiguous to existing city limits on the western side, while properties to the north, south and east are within unincorporated Collin County. The applicant desires to bring the subject tracts into the city and eventually develop it as a combination of uses including, but not limited to assisted living, medical complexes, and single family dwellings. 011ie reported all notices and publications for this annexation had been completed to date. In compliance with state law, the following schedule has been adhered to: Notice published for Public Hearings March 12, 2014 and March 19, 2014 First Public Hearing March 25, 2014 Second Public Hearing April 8, 2014 Adoption of Ordinance April 22, 2014 Public Hearing Minutes April 8, 2014 Wylie City Council Page 3 Mayor Hogue opened the public hearing on Item #1 annexation at 0:27 p.m. asking anyone present wishing 0u address council to come forward. No one was present ho address council during the public hear. Mayor Hogue closed the second of two public hearings on this annexation at 6:28 p.m. No action was required. 2. Conduct the 2nd Public Hearing for the annexation of approximately 6,210 acres of land situated in the Lewis M. Marshall Survey, Abstract No. 594 and the William Patterson Survey, Abstract No, 716, which is contiguous and adjacent to the City of Wylie, in Collin County, 1[msmm, generally located south of Parker Road, east of the City of Parker boundary and west of Rita Smith Elementary School. 2014-02A (9. 011ie, Planning&Zoning Director) Staff Comments Planning Director 011ie reported this annexation is at the request of property owners of three tracts of land. The subject tracts are contiguous to existing city limits on the western aide, while properties to the north. south and east are within unincorporated Collin County. The applicant desires to bring the subject tracts into the city and eventually develop it as a combination of uoaa ino|uding, but not limited to assisted |iving, medical oomp|exeo, and single family dwellings. 011ie reported all notices and publications for this annexation had been completed to data. In compliance with state law, the following schedule has been adhered to: Notice published for Public Hearings March 12, 2U14 and March 10' 2014 First Public Hearing March 25. 2O14 Second Public Hearing April 8. 2014 Adoption ofOrdinance April 22. 2U14 Public Hearimq Mayor Hogue opened the second public hearing on Item #2 annexation at 6:30 p.m. asking anyone present wishing tO address council tO come forward. NO one was present to address COUOCi| during the public h88[. Mayor Hogue C|0Sed the first of two public hearings On this annexation at 0:31 p.m. NO @CUOO was required. ADJOURNMENT A motion was made by Councilman GCOtt. S8C0ndWd by WY8yOr pro t8m White to adjourn the meeting at 8:32 p.0. A VOt8 was taken and the motion passed 5-0 with CDUOCi|VVO08O Culver and Councilman Jones absent. Minutes April 8' 2O14 Wylie City Council Page Eric Hogue, Mayor ATTEST: Carole Ehrlich, City Secretary Minutes April 8, 2014 Wylie City Council Page 5 4 of_vitt. Wylie City Council thwittec. AGENDA REPORT Meeting Date: April 22, 2014 Item Number: (City Secretcny's Use Only) Department: Finance Prepared By: Finance Account Code: Date Prepared: April 10, 2014 Budgeted Amount: Revenue and Expenditure Exhibits: Monthly Report Subject Consider, and place on file, the City of Wylie Monthly Revenue and Expenditure Report for March 31, 2014. Recommendation Motion to approve, the City of Wylie Monthly Revenue and Expenditure Report for March 31, 2014. Discussion The Finance Department has prepared the attached reports for the City Council as required by the City Charter. (Rev 01/2014) Page 1 of I ��-�^ �� U�� CITY' ��n vv v ^-n�- MowTnLYp|mAwomLmspmnT March u1.2n14 xmmuAL CURRENT YTo/uCTuAL oen"m=m BUDGET MONTH ACTUAL YTo4oTuAL AmAPERCENT 50.00Y6 ACCOUNT DESCRIPTION 2013-2014 2013-2014 2013-2014 OF BUDGET GENERAL FUND REVENUE SUMMARY TAXES 18.824.538 304.203 15.881.773 84.80% A FRANCHISE FEES 2.383.500 4.294 720.100 30.09% g LICENSES AND PERMITS 506.000 04.100 303.997 5371% INTERGOVERNMENTAL REV. 772.590 81.311 448.192 58.14% SERVICE FEES 2.880.180 248.328 1.274.092 42.07% C FINES AND FORFEITURES 297.000 20.975 118.277 39.82% INTEREST INCOME 15.000 309 1.487 8.92% D MISCELLANEOUS INCOME 205.500 15.031 60.815 22.94% OTHER FINANCING SOURCES 1.789.098 O 1.788.098 100.00% E REVENUES 27.e0e.406 81e.6e1 20.698.931 7416Y6 USE OF FUND BALANCE 1.407.800 NA NA NA p USE OF ROLLOVER FUNDS FOR PSe 55.100 NA NA NA TOTAL REvEmusa ue.*oo.uun NA mA, NA GENERAL FUND EXPENDITURE SUMMARY CITY COUNCIL 90.811 3.770 40.825 44.86"& CITY MANAGER 817.350 05.103 340.245 41.63"& CITY SECRETARY 207.723 20.308 117.214 4378"& CITY ATTORNEY 148.000 19.200 40.317 31.38"& FINANCE 883.170 101.388 477.080 48.58"& FACILITIES 571.001 49.374 272.094 4770"& MUNICIPAL COURT 293.887 23.278 123.832 42.14"& HUMAN RESOURCES 217.378 15.780 98.319 45.69.& PURCHASING 84.007 7.657 42.061 44.74.& INFORMATION TECHNOLOGY 1.044.980 35.814 537.668 51.45.& POLICE 6.090.088 081.195 3.397.050 50.73.& FIRE 6.072.030 507.471 2.723.431 44.85.& EMERGENCY COMMUNICATIONS 1.244.389 85.504 520.518 41.83.& ANIMAL CONTROL 377.556 30.952 182.820 48.42.& PLANNING 507.676 47.527 232.749 45.85.& BUILDING INSPECTION *13.350 34.960 228.496 42.95.& CODE ENFORCEMENT 241.704 10.658 88.595 37.07.& STREETS 1.885.447 73.448 587.842 31.71.& PARKS 1.895.531 118.590 730.343 38.53.& LIBRARY 1.535.632 125.380 751.193 48.92.& COMBINED SERVICES 3.802.559 231.383 1.908.923 48.17.& TOTAL EXPENDITURES 2e.460.268 2.306.875 13.452.815 45.66% REVENUES ovEpx(umoEn)EXPENDITURES -27.e62 -1.*91.18* 7.2*6.116 28.50Y6 A. Property Tax Collections for FY13'14anof March 31 are 87.80%.io comparison tuFY12'13 for the same time period 90.58Y6. B. Franchise Fees:The majority of franchise fees are recognized in the third and fourth quarter with electric fees making up the majority. C.Service Fees:Trash fees billed in October are applicable towards FY 2012-13 revenue with the remaining fees coming from other seasonal fees. D. Interest Income: In relation to the last 12 months the current interest is in line with projections. E.Other Financing Snumoa includes the annual transfer from the Utility Fund. CITY OF WYLIE MONTHLY FINANCIAL REPORT March 31,2014 ANNUAL CURRENT YTD ACTUAL Benchmark BUDGET MONTH ACTUAL YTD ACTUAL AS A PERCENT 50.00% ACCOUNT DESCRIPTION 2013-2014 2013-2014 2013-2014 OF BUDGET UTILITY FUND REVENUES SUMMARY SERVICE FEES 13,783,000 1,042,728 4,984,230 36.16% G INTEREST INCOME 7,000 113 807 11.53% MISCELLANEOUS INCOME 42,000 3,916 23,708 56.45% OTHER FINANCING SOURCES 5,219 0 5,219 100.00% REVENUES 13,837,219 1,046,757 5,013,964 36.24% USE OF FUND BALANCE 425,500 NA NA NA H TOTAL REVENUES 14,262,719 NA NA NA UTILITY FUND EXPENDITURE SUMMARY UTILITY ADMINISTRATION 295,876 19,949 146,349 49.46% UTILITIES-WATER 1,798,327 125,525 834,008 46.38% CITY ENGINEER 539,511 37,335 188,462 34.93% UTILITIES-SEWER 800,161 50,092 436,571 54.56% UTILITY BILLING 350,944 24,560 133,439 38.02% COMBINED SERVICES 10,447,336 566,182 6,460,812 61.84% J TOTAL EXPENDITURES 14,232,155 823,643 8,199,641 57.61% REVENUES OVER/(UNDER)EXPENDITURES 30,564 223,114 -3,185,677 -21.38% G.Most Utility Fund Revenue billed in October is applicable to FY 2012-13. H.Use of Fund Balance:For Replacement/New Fleet&Equipment. I. Due to one-time expenditures including purchase of new vehicles. This will level out throughout the fiscal year. J.Due to annual transfer to the General Fund&debt service payment recorded in February. This will level out throughout the fiscal year. Wylie City Council AGENDA REPORT Meeting Date: April 22, 2014 Item Number: C Department: Finance (City Secretary's Use Only) Prepared By: Finance Account Code: Date Prepared: April 10, 2014 Budgeted Amount: Exhibits: Monthly Investment Report Subject Consider, and place on file, the City of Wylie Monthly Investment Report for March 31, 2014. Recommendation Motion to accept and place on file, the City of Wylie Monthly Investment Report for March 31, 2014. Discussion The Finance Department has prepared the attached reports for the City Council as required by the City Charter. (Rev 01/2014) Page 1 of 1 1 2013-2014 Investment Report March 31, 2014 Money Market Accounts: MMA Certificates of Deposit: CCD Treasury Bills: T-Bills Treasury Notes: T-Notes Government Agency Notes: AN Invest. Principal Type Of Interest Purchase Maturity Number Amount Security Rate Issuer Date Date 1 $14,525,776.74 MMA 0.0299% Texpool 12/31/2006 NA 2 $15,042,818.97 MMA 0.0400% TexStar 3/15/2011 NA $29,568,595.71 Total Weighted Average Coupon: 0.04% Money Markets: $29,568,595.71 Weighted Average Maturity(Days): 1.00 Certificates of Deposits: $0.00 $29,568,595.71 ` Wylie City Council AGENDA REPORT Meeting Date: April 22, 2014 Item Number: D Department: WEDC (City Secretary's Use Only) Prepared By: Gerry Harris Account Code: Date Prepared: April 15, 2014 Budgeted Amount: Exhibits: 1 Subject Consider and place on file, the monthly Revenue and Expenditure Report for the Wylie Economic Development Corporation as of February 28, 2014. Recommendation Motion to approve, the monthly Revenue and Expenditure Report for the Wylie Economic Development Corporation as of February 28, 2014.. Discussion The Wylie Economic Development Corporation (WEDC) Board of Directors approved the attached financials on March 28, 2014. (Rev 01/2014) Page 1 of 1 3-19-2014 0156 P14 111—WYLTr ECONOMIC DMI, CORP ACCOUNT TITLE ASSETS CITY OF WYLIE PAGE: I BALANCE SHEET AS OF: FEBRUARY 28TH, 2014 1000-1,0110 CLAIM ON CASH AND CASH EQUIV. 1;776,862 91 1,000-10115 CASH - WEDC - !NWOOD 0.00 1000-10135 INWOOD BANK - ESCROW 0.00 1000-10180 DEPOSITS 2,000.00 1000-10198 OTHER - MISC CLEARING 0.00 1000-1 03 41. TSXVOCL 0.00 1000-10343 LOGIC 0,00 1000-1001 INTEREST 'RECEIVABLE oloo 1000-11,511 ACCTS REC MISC () Do 1000-11517 SCOTS REC SALES TAX 0.00 1000-12810 LEASE PAYMENTS RECEIVABLE 5,450,646.36 1000-12996 'LOAN RECEIVABLE 84,605.02 1000-12997 ACCTS REC jTM TECH 0.00 1000-12998 ACCTS REC SAVAGE 120,412.30 1000-14112 INVENTORY MATERIAL/ SUPPLY 0 00 1000-14116 INVENTORY LAND & BUILDINGS 3,367,497.90 IDOO-14118 INVENTORY RAYCQ/ SA14DRN BLVID 0 -00 1000-14310 PREPAID EXPENSES — KISC 0 06 1000-14410 DEFERRED CHARGES 841,554 00 i I � 6410 578 . 49 TOTAL ASSETS LTABILITIES 2000-20110 FEDERAL INCOME TAX PXYABTZ 0.00 2000-20111 MEDICARE PAYABLE 0 00 2000-20112 C,"TLD SVPPORT PAYAALE 0.00 2000-20113 CREDIT UNION PAYABLE 0.00 20DO-20114 IRS LEVY PAYABLE 0-00 2000-20115 NATIONWIDE DEFERRRD COMP Mo 2000-20116 HEALTH INSUR PAY-gMPLOYEr 463,09 2000-20117 TMRS PAYABLE 0.00 2000-2011B R(YrH IRA PAYA LEr 0.00 2000-20119 WORNERS COMP PAYXRLA 0.00 2000-20120 FICA PAYABLE 0.09 2000-20121 TEC PAYABLE 10.00 2000-20122 STUDENT LOAN LEVY PAYABLE 0.00 2090-20123 ALIMONY PAYABLE Ma 2000-20124 BANKRUPTCY PAYABLE 0.00 2000-20125 VALIC DEFERRED COME 0.00 2000-20126 MAR PAYABLE 0, 060 2000-20127 EMP LFCAL SERVICES PAYABLE 0 00 2000-70130 FLEXIBLE SPRNDTN(� ACCOUNT 51599-16 2000-20132 EAMP CARE FLITE 40.00 2000-201$1 ACCRUED WMAS PAYABLE Mo 2000 -203 80 ADDIT EMPLOYER TNSUR PAY 0.00 2000-20199 MISC PAYROLL PAYABLE 0.0() 2000-20201 A? PENDING 3,057x04 2000-20210 ACCOUNTS PAVASIr, 64,241,e6 11,fi43,578 49 3-79-7044 033,56 PM CITY 0E WYLIE FACE; 2 BATA.NuF AS OF! FEr3RNAFF 28111, 1014 117-WYLIE ECONOMI c DEVEL CORP ACCOUNT* TITLE 7773_33 2000-20530 FA0 PERT? TAXES PAYABLE 0,00 2000-70540 NOTES PAYMLS 841,554.00 2080-20870 DUE TO GENERAL FUND 0.00 2000-72270 DEFERRED REVENUE ){012 2000-222'75 DEFERRED REV - LEAsE PRINC'"AL 5,2580974.95 2000-22280 DEFERRED REVENUE - LEASE INT 1997 668.21 2000-22915 RENTAL. DEPOSITS 7,850.00 3_7 Torn LI20/L7TIES 6 474 507.63 7_33 EQUITY 377.3337, 3080-34118 FUND BALANCE RESERVED 441,944,04 3000-3459a FUND PALANCE-UNREsERV/UNDESIG 0-07't 15S„ 14 TOTAL BEGINNING EQUITY 4,959,099.82 TOTAL REVENUE "115,513 49 TOTAL F.XFENSES 505„572.45 REVENUE OBER*(UNDER) EXPENSES 209 *377.04 TOTAL EQUITY A OVER!(UNDER) 5,7.69,070.86 TOTAL LEASIL1TIES EQUITY & OVER/ UNDER) 174643,5398.49 3-19-2011 01:56 Pm CITY OF WYLIE PAGE 1. BALANCE SHEET AS IF:: FEBRIARY 2£3TFL 2L34 922 GEN LONG TERM DEBT i14EDC"1 ACCOUNTS TITLE ASSEMS 1 0 00-1 0112 GOVERNMENT NOTES 0.00 1°°()-1811° LCJA12' WE 0.00 1000-181.20 LOAN' — BIRMINGHAM 0,00 1000-18210 AMOUNT TO EB PROVIDED' 0,00 1 0 —18220 BIRMINGHAM LOAN 0.08 _r B.0C1'' TOTAL ASSETS 0.+I0 LIABILITIES 2C)00 20C310 COMPEN.AT D ABSENCE PAYA L 4 F .SO 2000-20311 COMP ABSENCES PAYABLE-CURRENT 0.60 2000-21410 ACCRUED INTEREST PAYABLE 0.00 2000-28205 WEDC LOANS -- CURRENT 264,35 .52 2000-28220 BIRMINGHAM LOAN 0.00 2000-28210 1104(700 LOAN 0.00 21)10-28234 ANB LOAN — RANt3SC:K/BUGH IS :38170 A83.48 2000-28235 ACNE LOAN 104,95 . 2000-282 3 6 ANS CONSTRUCTION LOAN 4;;170,927.69 2 0C1-20240 HULFILS LOAN 0.00 2000-28250 CITY OF WYLIE WAN 0.0) 2000-2826° PRIME NUTS LCWAN 0.00 21)I-28274 II(WLAN6/ANCSER'ON LOAN 0.CM 2003-28280 CAPITAL ONE CIA"lAS LIEN 0..00 2000--2829.0 1C05ART✓CrOMMERC:F LOAN 2500,980.56 TOTA1. LTABtLITTBS 50199,140,85 EQUITY 3000-34590 UHF BALANCE—UNNLEE5V✓UNDESI6( ,k25,915,I5 TOTAL NFC ZNNINCI. EQUITY f 5 125,9/5.15, TOTAL REVENUE 0.00 TOTAL EXPENSES; 73e"16"'10 REVENUE OVER/(UNDER) EXPENSES ( 73,165.70) TOTAL EQUITY 6 OVER{IUNDER1 t 5,199,740,85) TO' AI, LIABILITIES, EQUITY 6 OVER/(UNDER) 0,00 3E19-20/4 0158 PM CITY OP 14171I,E PAGE: 1 REVENUE AND EXPENSE REPORT - (UNAUDITED) AS OF: FENRSAFT 281,11, 2014 I ILEWYL I n tcoNomic NEVES. CORE FINANCIAL SUMMARY CURRENT CURRENT PRIOR YEAR 1,--T-D Y ET-70 BUDGET 1 OF BUDGES PERIOR PO ADJUST, ACTUAL ENCUMBRANCE BALANCE BUDGET REVENUE SURINARY TAXES 1,1356,035.00 2111,816.76 6.00 471,216.46 0.00 1,3/84818.54 25,111 INTEREST INCOME 12,958,00 3,080.50 0.00 18,628,98 0,00 I 5,670.98) 143.76 MISC,EIAANEMS INCOME 123,,000.00 84400.00 0,00 49,050.00 0,NO 73,950.00 39,88 OTIIER FINANCING SOURCES 0.00 34 164 03 0,00 110 648.05 0,00 I 170,64E05) 0.00 'TOTAL REVENUES 1,9914991.90 2600121.F 9 0.00 /15,543.40 0.00 1,276,419.51 15.92 EXPENDITURE SUMMARY DEVELOPMENT COBB-WEGC. 3 211 411 00 207 616 6/ I 194 19 505 572 45 10 703 51 2 695 055 04 16 08 TOTAL EXPENDITURES 3,211,411,00 2073676,63 I 1.194.19) 6064572,45 10 783,51 2 695,055.04 16.08 REVENUE 0),IER/(IIIIDER) EXPENDITURES 1,21,9,418.00) 52,444,66 I 13194,19) 209,971,04 I 10,783.51) 1,4183695.53) 16,33- 1 3.19-9014 01.`18 M CITY OE NILIE [A E 2 REVENUE AND EXPENSE REPORT - (UNAUDITED) A8 GEL FENPUARY 2 '1$[, 2014. t 11PNYI,IF FCOEI11Mi1. IL'FF1> Ct1RL REVENUE CURRENT C'UMFFNT PRIOR YEAR Y-T-47 Y-T-D . BUDGET i or E#tIT3t7EaT PERI041 161 80001T. 1C-'UAI, FC4rUMRRA44DE BALANCE 111113C"ET' TAXES 1000-401.50 REV IN LEI() OF TARES 0.00 0.00 0.0I1 0.00 0,00 0.00 0,00 4000-41110 CALL=,., 'C`A1, 1,856,035.00 _213 87 .75 0.00 477.216,45 0 00 1,378,811.54 21.71 TOTALTA KEE 2,856„035.PO 71:1,8 76.78 0.00 4'77,216,46 0..00 1,378,118.54 25.7IF It4TER.EIET 1-81ICLIE' 9000-46050 LERTIEICATE 00 1EIP08"s"T 0.00 0.00` 0,00 0.00: 0,00 0.00 0,00' 4000-46110 L&C1Cr1T D INTEREST EARNING? 1,000.00 19,37 0,00 151.23 0,00 1148,711 15,1 400 0-4 6140 TEXIC341L- INTEREST 0.D0 0.00 0.00 0.011i 0,00 0_00 0,00 4000046143' 1,OtllC" INTERECT 0.00 0.00 0.00 0,00 0;,00 0.00 0,d10 4000-4 61 50 II4TEREET EARNINGS 4,213,00 3,019.84 0.00'. 45,257.80 0 00 1` 11,084.83 .36'3,11 4 00 0-4 61 60 LAN I EIATNENT,'(PRINCIPAL) `t,"74",.00 641,29 0.00 3,1`1 .95 0,00 4,565.05 41.06 4000.46210 SANE MONEY MARKET INT•ERE.IT` 0.00 0.00' 0.00' 0,00: 0.00: 0.00 0.00 TOTAL INTEREST INCOME 12.,958.L00 3,680.50 C.00 18,628,98 0,00 4 5,630.98). 144.06 mi..i' L,LtANE0U5 INCOME: 4000-48110 RENTAL,..INCOME' 123,000.00: 8,,400.00 0,00 49,050.00 0,00 73,950.00 39.88 4000-48310 FE '0VE.kV - FPIoR YEAR: E#PIN4 0,00 0.00 0.00 0-00, 0.00 C.00 0 0{7 4000-48410 NCSCE1,L NEOUE INCOME 0.00 0.00; 0.00 0.00 0.00 0,00 0.00 4000-48430 GAIN/LOSS SALE OF CAP 'ASSET 0.00 0.00 0.00 0.f00 0,00 0.00 0.00 T{5TA1. MISCELLANEOUS Imumm: 123,000.00 8,400.00 0.00 49,050.00.00 0.00 73,950.00 35.88 1T11FR FIN b,INC SOURCES 4000-4 91 60,.TRANSFER FROM EIIFRAI. FUND 7.01 0,00': 0.00 0.00 Tti 20 0.00 0.00 4000--49325 SANS NOT? PRG71FIDS 0,04 0.00: 0.00 0.00' 0-0C1 0.00 0.343'; 170,0,00 _ 164. 1.0€1 648;,05 0.00 1 ...J 1 70 6a48 00 05) . .. 4C 770 495a 1 LEASE Rt#ZN4flTEAI, RA7C4Ex$4T C„+_,.... .__ _3. ._ .� 34, 03 TOTAL, OTHER FINANCING soURCES 0.00: 34,154.03 0.0.1. 16(0,645..05:: 11.00 ( 190,6>48.05) 34.00 TOT AL REVENUES 1,891,993.00' 260,121,29 0,00 715,543.49' 0.00 1,276,449.51 35.92 P 3-19-2014 01:58 PM CITY OF WYLIE PAGE: 3 REVENUE AND EXPENSE REPORT - (UNAUDITED) AS OF: FEBRUARY 28TH, 2014 111-WYLIE ECONOMIC DEVEL CORP DEVELOPMENT CORP-WEDC DEPARTMENTAL EXPENDITURES CURRENT CURRENT PRIOR YEAR Y-T-D Y-T-D BUDGET % OF BUDGET PERIOD PO ADJUST. ACTUAL ENCUMBRANCE BALANCE BUDGET PERSONNEL SERVICES 5611-51110 SALARIES 194,425.00 14,288.16 0.00 70,930.71 0,00 123,494.29 36.48 5611-51130 OVERTIME 0.00 0.00 0.00 0.00 0.00 0,00 0.00 5611-51140 LONGEVITY PAY 1,250.00 0.00 0.00 1,252.00 0,00 ( 2,00) 100.16 5611-51145 SICK LEAVE BUYBACK 0.00 0.00 0.00 0.00 0.00 0,00 0.00 5611-51160 CERTIFICATION INCENTIVE 0.00 0-00 0.00 0.00 0.00 0.00 0,00 5611-51170 PARAMEDIC INCENTIVE 0.00 0.00 0.00 0.00 0.00 0,00 0.00 5611-51210 CAR ALLOWANCE 11,320.00 870.78 0.00 4,322.81 0.00 6,997,19 38.19 5611-51220 PHONE ALLOWANCE 3,924.00 0-00 0.00 2,112.00 0.00 1,812.00 53,82 5611-51230 CLOTHING ALLOWANCE 0.00 0.00 0.00 0.00 0.00 0.00 0.00 5611-51310 TMRS 26,906.00 1,994,92 0.00 10,127.10 0,00 16,778,90 37.64 5611-51410 HOSPITAL & LIFE INSURANCE 25,263,00 53.77 0.00 10,121.65 0,00 15,141.35 40.07 5611-51415 EXECUTIVE HEALTH PLAN 0.00 0.00 0.00 0.00 0.00 0.00 0.00 5611-51420 LONG-TERM DISABILITY 1,094.00 0.00 0.00 210.50 0,00 883.50 19.24 5611-51440 FICA 12,676.00 891,24 0.00 3,219.96 0,00 9,456.04 25.40 5611-51450 MEDICARE 2,965.00 208.42 0.00 1,059.35 0.00 1,905,65 35.73 5611-51470 WORKERS COMP PREMIUM 512.00 0,00 0.00 504.29 0.00 7,71 98.49 5611-51480 UNEMPLOYMENT COMP (TWC) 630.00 0.00 0,00 0A0 0.00 630.00 0.00 TOTAL PERSONNEL SERVICES 280,965,00 18,307.29 0.00 103,860.37 0.00 177,104.63 36.97 SUPPLIES 5611-52010 OFFICE SUPPLIES 5,750.00 134.79 0.00 1,334.76 179.98 4,235.26 26.34 5611-52040 POSTAGE & FREIGHT 980.00 34.60 0,00 50.40 0.00 929.60 5.14 5611-52130 TOOLS/ EQUIP (NON CAPITAL) 0,00 0.00 0.00 0.00 0.00 0.00 0.00 5611-52810 FOOD SUPPLIES 5,000.00 447,43 0.00 1,343.47 89.22 3,567.31 28.65 5611-52990 OTHER 5 000,00 0.00 0,00 0.00 0,.00 5,000.00 0.00 TOTAL SUPPLIES 16,730.00 616.82 0.00 2,728.63 269.20 13,732.17 17.92 MATERIALS FOR MAINTENANC 5611-54630 TOOLS & EQUIPMENT 0.00 0.00 0.00 0.00 0.00 0.00 0.00 5611-54810 COMPUTER HARD/SOFTWARE 3,000.00 0.00 0,00 413.98 0.00 2,586.02 13.80 5611-54990 OTHER ._. 0,00 _ 0.00 0.00 0.00 0.00 0.00 0.00 TOTAL MATERIALS FOR MAINTENANC 3,000.00 0.00 0.00 413.98 0.00 2,586.02 13.80 CONTRACTUAL SERVICES 5611-56030 INCENTIVES 1,272,422.00 100,000.00 0,00 235,671.62 0.00 1,036,750.38 18.52 5611-56040 SPECIAL SERVICES 104,940.00 7,719.02 0.00 38,300.98 8,168.72 58,470.30 44.28 5611-56080 ADVERTISING 43,474.00 2,314.00 0„00 11,679.00 0.00 31,795.00 26.86 5611-56090 COMMUNITY DEVELOPMENT 49,000.00 4,590.00 0.00 23,449,90 160.00 25,390.10 48.18 5611-56110 COMMUNICATIONS 4,410.00 351.60 0,00 1,593.86 379.56 2,436.58 44.75 5611-56180 RENTAL 24,600.00 2,044,00 0.00 12,070.00 0.00 12,530.00 49.07 5611-56210 TRAVEL & TRAINING 28,395.00 1,271.14 0.00 4,470.64 1,806.03 22,118,33 22,10 5611-56250 DUES & SUBSCRIPTIONS 9,288.00 0.00 0,00 3,215.00 0.00 6,073.00 34.61 5611-56310 INSURANCE 3,107.00 797.30 0.00 3,102,00 0.00 5.00 99.84 5611-56510 AUDIT & LEGAL SERVICES 22,888.00 820.00 0.00 6,072.00 0.00 16,816.00 26.53 5611-56570 ENGINEERING/ARCHITECTURAL 20,000.00 0.00 0,00 12,036.95 0.00 7,963.05 60.18 5611-56610 UTILITIES-ELECTRIC 3,000.00 331.13 0,00 640.60 0.00 2,35040 21.35 TOTAL CONTRACTUAL SERVICES 1,585,524.00 120,237.89 0.00 352,302.55 10,514.31 1,222,707.14 22.88 3-19-2014 01 58 PM CITY OF WYLIE PAGE: 4 REVENUE AND EXPENSE REPORT - (UNAUDITED) AS OF: FEBRUARY 28TH, 2014 ill-WYLIE ECONOMIC REVEL CORP DEVELOPMENT CORP-WEDC DEPARTMENTAL EXPENDITURES CURRENT CURRENT PRIOR YEAR Y-T-D Y-T-D BUDGET '-',-, OF BUDGET PERIOD PO ADJUST. ACTUAL ENCUMBRANCE BALANCE BUDGET ----- DEBT SERVICE & CAP. REPL 5611-57110 DEBT SERVICE 259,692.00 60,514.63 0.00 323,266.92 0.00 ( 63,574.92) 124.48 5611-57710 BAD DEBT EXPENSE TOTAL DEBT SERVICE & CAP. REPL 259,692.00 60,514.63 0.00 323,266.92 0.00 ( 63,574,92) 124.48 CAPITAL OUTLAY 5611-58110 LAND-PURCHASE PRICE 1,000,000.00 8,000.00 0.00 266,199.50 0.00 733,800.50 26.62 5611-58120 DEVELOPMENT FEES 0.00 0.00 0.00 0.00 0,00 0,00 0.00 5611-58150 LAND-BETTERMENTS 0.00 0.00 0.00 0.00 0.00 0.00 0.00 5611-58210 STREETS & ALLEYS 60,000.00 0.00 0.00 0.00 0.00 60,000.00 0.00 5611-58410 SANITARY SEWER 0.00 0.00 0.00 0.00 0.00 0.00 0.00 5611-58910 COMPUTER HARD/SOFTWARE 3,000.00 0.00 0.00 0.00 0.00 3,000.00 0.00 5611-58830 FURNITURE & FIXTURES 2,500.00 0.00 0.00 0.00 0.00 2,500.00 0.00 5611-58910 BUILDINGS 0.00 0.00 0.00 0.00 0.00 0.00 0.00 5611-58995 CONTRA CAPITAL OUTLAY 0,00 0,00 0.00 ( 543,199.50) 0.00 543,199.50 0.00 TOTAL CAPITAL OUTLAY 1,065,500.00 8,aoo.no 0.00 ( 277,000.00) 0.00 1,342,500.00 26.00- OTHER FINANCING (USES)5611-59111 TRANSFER TO GENERAL FUND 0.00 0.00 0.00 0.00 0.00 0.00 0.00 5611-59190 TRANSFER TO THORUGHFARE IMP 0,00 0,00 0.00 0,00 0.00 0.00 0.00 5611-59990 PROJECT ACCOUNTING __ 3 00 0.00 0.00 0,00 0.00 0.00 0.00 TOTAL OTHER FINANCING (USES) 0.00 0.00 0,00 0„00 0,00 0.00 0.00 TOTAL DEVELOPMENT CORP-WEDC 3,211,411.00 207,676.63 0.00 505,572.45 10,783.51 2,695,055.04 16.08 TOTAL EXPENDITURES 3,211,411.00 207,676.63 0.00 505,572.45 10,783.51 2,695,055.04 16.08 REVENUE OVER (UNDER) EXPENDITURES ( 1,219,418.00) 52,444.66 (1.00 209,971.04 ( 10,783.51) ( 1,418,605.53) 16.33- .,c. END OF REPORT *.. Wylie Economic Development Corporation Inventory Subledger February 28, 2014 Inventory-Land Date of Pur. Address Acreage Improvements Cost Basis Value Sq. Ft. McMasters 7/12/05 709 Cooper 0.48 n/a 202,045.00 Heath 12/28/05 706 Cooper 0.46 32,005 3,625 186,934.22 Perry 9/13/06 707 Cooper 0.491 Demo 200,224.00 Bowland/Anderson 10/9/07 Cooper Dr. 0.372 n/a 106,418.50 KCS 8/1/08 Cooper Dr. 0.406 n/a 60,207.87 Duel Products 9/7/12 704 Cooper Dr. 0.5 n/a 127,452.03 Randack 10/23/12 711-713 Cooper Dr. 1.089 217,500 8,880 400,334.00 Hughes 7/25/06 211 -212 Industrial 0.74 209,801 10,000 420,361.21 R.O.W. 0.18 41,585.26 Prime Kuts 10/8/07 207 Industrial 0.20 182,223 4,550 229,284.00 R.O.W. 0.11 n/a 77,380.45 Cazad 3/17/08 210 Industrial 0.27 128,083 3,900 200,781.55 Ferrell 9/29/05 2806 F.M. 544 1.09 Demo 239,372.00 Sale of R.O.W; 2/14/07 -0.09 -20,094.48 Crossroads 6/12/09 2804 F.M. 544 0.44 24,696 2,800 171,842.02 Regency Pk. 6/4/10 25 Steel Road 0.65 n/a 25,170.77 Premier Plaza-ACE 8/26/05 Martinez Lane 22.44 96,000 -639,000.00 Sale to Savage 5/28/08 -3.87 -98,917.20 SAF-Holland 12/14/10 Martinez Lane 1.33 n/a -225,514.65 Hobart 11/12/13 Commerce 1.60 n/a 156,819.50 Hobart Investments 1/6/14 605 Commerce 1.07 396,263 20,000 386,380.00 Premier Industrial Park 7/12/07 Hensley 3.2 n/a 155,000.00 Total 33.14 1,190,571 149,755 3,367,497.90 *A Journal entry was made by auditors to adjust the cost of the Hughes land by$4,638.79. This amount was for taxes owed and therefore not part of the land value. *Prime Kuts total purchase price was$306,664.45. The distribution between 207 Industrial and R.O.W. purchased was developed by Seller for tax purposes. *Should ACE lease to term and not execute purchase option,WEDC is liable to reimburse ACE for Holland property purchase($112,500). Wylie Economic Development Corporation Balance Sheet Sub ledger February 28,2014 Notes Payable Date of Rate of Purchase Payment Beginning Bal. Principal Interest Interest. Principal Balance February 1, 2014 $5,228,847.08 ANBTX MARTINEZ(#39 of 60) 10/28/10 $8,200.66 $175,712.90 $7,778.41 $422.25 2.95' 167,934.49 ANBTX ACE(#31 of 180) 8/1/11 36,828.67 4,334,181 38 21,562.03 15266.64 4.55 4,312,619.35 ANBTX HUGHES/RANDACK(#15 OF 60 10/23/12 10,107.00 430,711.64 8,630.90 1,476.10 3.99 422,080.74 Hobart HOBART(#2 of 60) 1/6/14 5,378.30 280,809.20 4,208 26 1,170.04 5.00 276,600.94 February 28, 2014 $42,179.60 $18,335.03 $5,179,235.52 Note: Principal and Interest payments vary by date of payment. The WEDC entered into a $1.4 M note with American National Bank to fund improvements associated with the extension of Woodbridge Parkway.' Upon the first draw by the WEDC, the Balance Sheet and the Balance Sheet Sub ledger will be adjusted accordingly. The final date to draw on the note is August 15, 2014. WYLIE ECONOMIC DEVELOPMENT CORPORATION SALES TAX REVENUE FOR THE MONTH OF MARCH 2014 MONTH WEDC WEDC WEDC DIFF % DIFF 2012 2013 2014 13 VS 14 12 VS 13 DECEMBER $112,676 $148,500 $134,371 -$14,129 -9.51% JANUARY 118,175 117,904 128,968 11,064 9.38% FEBRUARY 171,759 187,682 213,877 26,195 13.96% MARCH 113,571 139,745 121,483 -18,262 -13.07% APRIL 115,114 121,594 MAY 154,424 192,612 JUNE 119,326 141,328 JULY 125,555 148,763 AUGUST 155,875 180,280 SEPTEMBER 123,863 144,572 OCTOBER 122,650 137,407 NOVEMBER 172,141 193,783 Sub-Total $1,605,130 $1,854,171 $598,700 $4,868 0.82% AUDIT ADJ TOTAL $1,605,130 $1,854,171 $598,700 $4,868 0.82% WEDC SALES TAX ANALYSIS $250,000 ... $200,000 $150,000 02013 $50,000 - $0 N r Z' .5 =s. T 0) T U) "5 N m 0 a Q E Q) U) -, LL Q o 8 0 Z 8 nF Wit, . Wylie City Council � .� R�Ms; AGENDA REPORT ,,�,..$ Meeting Date: April 22, 2014 Item Number: E Department: Engineering (City Secretary's Use Only) Prepared By: Chris Hoisted Account Code: 620-5730-58410 Date Prepared: April 15, 2014 Budgeted Amount: N/A Exhibits: Development Agreement Subject Consider, and act upon, authorizing the City Manager to execute a Development Agreement between the City of Wylie and Bloomfield Homes, LP for reimbursement of a portion of the construction cost of a 15-inch sanitary sewer line. Recommendation Motion to approve, authorizing the City Manager to execute a Development Agreement between the City of Wylie and Bloomfield Homes, LP for reimbursement of a portion of the construction cost of a 15-inch sanitary sewer line. Discussion A 15-inch sanitary sewer line runs through the Kremer Estates development as shown on the attached construction plans. This line was originally installed by the North Texas Municipal. Water District in 1955 and later given to the City of Wylie in 1986 to be used as a sanitary sewer line. In 2004, approximately 4,800 linear feet of the sewer line was replaced with the Bozman Farms development due to the condition and location of the existing line. A portion of the sewer line is outside of the easement and in conflict with lots 41-47 of Kreymer Estates Phase 2. Staff has worked with the developer to relocate approximately 1,518 linear feet of line to the center of Stanbridge Drive. The proposed Development Agreement outlines the reimbursement to the developer for the over sizing of 1,163 linear feet of sanitary sewer from an 8-inch to a 15-inch line and the reimbursement of the cost for 355 linear feet of 15-inch line totaling $158,117.86. Staff proposes to use funds from the sewer repair and replacement account for the reimbursement. The current available fund balance is approximately$500,000. Page 1 of 1 "NOTICE OF CONFIDENTIALITY RIGHTS: IF YOU ARE A NATURAL PERSON,YOU MAY REMOVE OR STRIKE ANY OR ALL OF THE FOLLOWING INFORMATION FROM ANY INSTRUMENT THAT TRANSFERS AN INTEREST IN REAL PROPERTY BEFORE IT IS FILED FOR RECORD IN THE PUBLIC RECORDS: YOUR SOCIAL SECURITY NUMBER OR YOUR DRIVERS'LICENSE NUMBER." After Recording Return to: City of Wylie Attention: City Manager 300 Country Club Road Wylie, Texas 75098 DEVELOPMENT AGREEMENT BETWEEN BLOOMFIELD HOMES, L.P.AND THE CITY OF WYL.IE, TEXAS (Kreymer Estates Phase 2) THIS DEVELOPMENT AGREEMENT ("Agreement"), dated as of , 2014 ("Effective Date"), is made and entered into by and between the CITY OF WYLIE, TEXAS, a Texas home-rule municipality ("Wylie"), and BLOOMFIELD HOMES, L.P., a Texas limited partnership ("Developer"). Wylie and Developer are each referred to herein as a "party" or collectively as the "parties." WHEREAS, Developer is the sole owner of that certain tract of land situated in the City of Wylie, Collin County, Texas, containing 23.171± acres of land and located in the Francisco de r> la Pina Survey, Abstract No. 688, as more particularly described in Exhibit "A", attached hereto and incorporated herein for all purposes ("Property"); and WHEREAS, Developer has submitted a preliminary plat prepared by Tipton Engineering for the development of infrastructure improvements to serve sixty-one (61) residential lots in the subdivision known as Kreymer Estates Phase 2, as depicted in Exhibit "B", attached hereto and incorporated herein for all purposes ("Preliminary Plat"), with the Preliminary Plat being approved by Wylie on October 22, 2013; and WHEREAS, Developer shall const ruct, at its sole cost and expense except as provided in Paragraph 5 herein, the following sanitary sewer improvements: (a) notwithstanding the Construction Requirements (hereinafter defined) for the size of on-site sanitary sewer line(s) to be constructed by Developer on the Property ("Required Sanitary Sewer Line A"), Developer will oversize such sanitary sewer line by constructing approximately one thousand one hundred sixty-three linear feet (1,163') of a fifteen inch (15") sanitary sewer line on the Property, from Station 0+00 to Station 11+63.07 of "SS Line A", as depicted in Exhibit "C", attached hereto and incorporated herein for all purposes ("Oversized Sanitary Sewer Line A"), which is necessary to serve the Property; and (b) approximately three hundred sixty-five linear feet (365') of a fifteen inch (15") sanitary sewer line on the Property, from Station 0+00 to Station 3+55.72 of"SS Line C", as depicted in Exhibit "C" ("Sanitary Sewer Line C"). DEVELOPMENT AGREEMENT(KREYMIER ESTATES PHASE 2) PAGE 1 of 25 645009,1 (Oversized Sanitary Sewer Line A and Sanitary Sewer Line C are collectively referred to as "Kreymer Estates Phase 2 Sanitary Sewer Improvements"); and WHEREAS, as partial consideration for Developer constructing the Oversized Sanitary Sewer Line A, Wylie has agreed to reimburse Developer in an amount equal to the Wylie- approved difference between the costs of constructing the Required Sanitary Sewer Line A and the costs of oversizing the Required Sanitary Sewer Line A as provided herein and in accordance with TEX. Loc. Gov'T CODE § 212.072; and WHEREAS, as partial consideration for Developer constructing Sanitary Sewer Line C, Wylie has agreed to reimburse Developer in an amount equal to the Wylie-approved costs of constructing Sanitary Sewer Line C as provided herein and in accordance with TEx. Loc. Gov'T CODE § 212.072; and WHEREAS, Developer and Wylie agree that Developer's construction of the Kreymer Estates Phase 2 Sanitary Sewer Improvements shall not entitle Developer to an impact fee credit or otherwise fulfill its obligations, in whole or in part, to pay wastewater impact fees on the Property under Ordinance Nos. 93-4, 97-4, 2001-19, 2001-42, 2001-56, 2006-25, 2006-47, 2007- 34, 2012-18 and any other amendments thereto, as they exist or may be amended (collectively, "Impact Fee Ordinance"); and WHEREAS, Wylie has investigated and determined that it would be advantageous and beneficial to Wylie and its citizens to allow Developer to construct the Kreymer Estates Phase 2 Sanitary Sewer Improvements as provided herein. NOW, THEREFORE, in consideration of the covenants and conditions contained in this Agreement, Wylie and Developer agree as follows: 1. Findings Incorporated. The findings set forth above are made a part of this Agreement as if set forth herein verbatim. 2. Land Subject to Agreement. The land that is subject to this Agreement is the Property. Developer represents that it is the sole owner of the Property. 3. Construction of the Kreymer Estates Phase 2 Sanitary Sewer Improvements; Estimated Construction Costs. Developer shall construct, at its sole cost and expense except as provided in Paragraph 5 herein, the Kreymer Estates Phase 2 Sanitary Sewer Improvements in accordance with the requirements set forth in Exhibit "C" and the Construction Requirements. The Kreymer Estates Phase 2 Sanitary Sewer Improvements must be completed, finally accepted by Wylie and conveyed to Wylie in accordance with any and all ordinances, rules, regulations and requirements, as they exist, may be amended or in the future arising (collectively, "Wylie's Final Acceptance"), as a condition of Wylie's issuance of the first single-family residential building permit for the Property. Developer represents and warrants that the estimated construction costs for the Required Sanitary Sewer Line A are FORTY-FIVE THOUSAND FOUR HUNDRED DEVELOPMENT AGREEMENT(KREYIHER ESTATES PHASE 2) PAGE 2 of 25 645009.1 SIXTY-ONE _ AND 40/100 DOLLARS - ($45,461.40), that the estimated construction costs for the Oversized Sanitary Sewer Line A are ONE HUNDRED NINE THOUSAND SEVEN--HUNDRED THIRTY-THREE AND 06/100 DOLLARS ($109,733.06) and that the estimated construction costs for Sanitary Sewer Line C are FORTY-EIGHT THOUSAND THREE HUNDRED FORTY- FOUR AND 80/100 DOLLARS ($48,344.80) (collectively, "Estimated Construction Costs"), as more particularly described in the cost analysis set forth in Exhibit "D", attached hereto and incorporated herein for all purposes ("Cost Analysis"). Developer acknowledges -and- agrees that Wylie is relying on F: Developer's representation and warranty that the Estimated Construction Costs ,. are as described in the Cost Analysis. Prior to receiving any reimbursement described in Paragraph 5 herein, Developer shall tender to Wylie evidence, in a form reasonably acceptable to Wylie, that the construction costs of the Kreymer F' Estates Phase 2 Sanitary Sewer Improvements have been paid by Developer, including but not limited to, Affidavits of Payment/Affidavit as to Debts and Liens and any other evidence reasonably required by Wylie ("Evidence of Payment(s)"). 4. Wastewater Impact,Fees. This Agreement shall not modify or otherwise affect the wastewater impact fees due on the Property under the Impact Fee Ordinance. p; Developer's construction of the Kreymer Estates Phase 2 Sanitary Sewer Improvements shall not entitle Developer to an impact fee credit or otherwise fulfill its obligations, in whole or in part, to pay wastewater impact fees on the a'. Property under the Impact Fee Ordinance. The Property shall be subject to the t impact fee schedule in effect at the time of development. 5. Kremer Estates Phase 2 Sanitary Sewer Improvements Reimbursement. Within thirty (30) days after (i) Wylie's Final Acceptance of the Kreymer Estates Phase 2 Sanitary Sewer Improvements and (ii) Developer complying with this Agreement, including but not limited to, providing the required Evidence of Payment(s), Wylie will tender to Developer a reimbursement in the amount of the sum of: (a) ONE HUNDRED NINE THOUSAND SEVEN HUNDRED THIRTY- THREE AND 06/100 DOLLARS ($109,733.06), representing the estimated construction costs of Oversized Sanitary Sewer Line A, as set forth,in the Cost Analysis; and (b) FORTY-EIGHT THOUSAND THREE HUNDRED FORTY-FOUR AND • 80/100 DOLLARS ($48,344.80), representing the estimated construction costs of Sanitary Sewer Line C,as set forth in the Cost Analysis (collectively, "Kreymer Estates Phase 2 Sanitary Sewer Improvements Reimbursement"). Wylie and Developer agree that the amount of the Kreymer Estates Phase 2 Sanitary Sewer Improvements Reimbursement attributable to the Oversized Sanitary Sewer Line A will not exceed one hundred percent (100%) of DEVELOPMENT AGREEMENT(KREYMER ESTATES PHASE 2) PAGE 3 of 25 645009 1 the total costs for the oversizing of the Required Sanitary Sewer Line A, including but not limited to, increased capacity of such sanitary sewer line to anticipate other future development in the area of the Property. Wylie and Developer further agree that the amount of the Kreymer Estates Phase 2 Sanitary Sewer Improvements Reimbursement attributable to Sanitary Sewer Line C will not exceed thirty percent (30%) of the total contract cost for the Kreymer Estates Phase 2 Sanitary Sewer Improvements. Wylie hereby agrees to tender, and Developer hereby accepts, the Kreymer Estates Phase 2 Sanitary Sewer Improvements Reimbursement to be made pursuant to this Agreement as Wylie's sole financial participation in the total amount of actual construction costs incurred by Developer in its construction and completion of the Kreymer Estates Phase 2 Sanitary Sewer Improvements in accordance with this Agreement, regardless of whether the actual construction costs exceed the Estimated 1 Construction Costs. 6. Default. (a) If Developer fails to comply with any provision of this Agreement, and such failure is not cured within thirty (30) days after Developer receives written notice of such failure from Wylie, then Wylie shall have the following remedies, in addition to Wylie's other rights and remedies: (i) to file this instrument in the Land Records of Collin County, Texas as a lien and/or encumbrance on the Property; and/or (ii) to refuse to accept any portion of any public improvements on the Property and/or associated with the development of the Property, including but not limited to, the Kreymer Estates Phase 2 Sanitary Sewer Improvements; and/or (iii) to nullify Paragraph 5 of this Agreement; and/or (iv) to refuse to issue a Certificate of Occupancy for the Property; and/or (v) to seek specific enforcement of this Agreement. • (b) If Wylie fails to comply with the terms and conditions of this Agreement and such failure is not cured within thirty (30) days after Wylie receives written notice of such failure from Developer, then Developer may seek specific enforcement of this Agreement as its sole and exclusive remedy. 7. Limitation of Liability. Notwithstanding anything to the contrary herein, the Parties agree and acknowledge that Wylie shall not, under any circumstance, be required to tender, and/or be liable to Developer for, any credit and/or DEVELOPMENT AGREEMENT(KREYMER ESTATES PHASE 2) PAGE 4 of 25 645004.1 reimbursement of and/or payment of any monies with regard to the matters set forth herein, except as expressly provided in Paragraph 5 of this Agreement. 8. Covenant Runninwith the Land. This Agreement shall be a covenant running with the land and Property and shall be binding upon Developer. The parties shall cause this Agreement to be filed in the Real Property Records of Collin County, Texas. 9. Limitations of Agreement. The Parties hereto acknowledge that this Agreement is limited to the construction of the Kreymer Estates Phase 2 Sanitary Sewer Improvements. Wylie ordinances covering property taxes, utility rates, permit fees, inspection fees, development fees, roadway, wastewater and water impact fees, tap fees, pro-rata fees and the like are not affected by this Agreement. Further this Agreement does not waive or limit any of the obligations of Developer to Wylie under any ordinance, whether now existing or in the future arising. 10. Notices. Any notice provided or permitted to be given under this Agreement must be in writing and may be served by depositing same in the United States Mail, addressed to the party to be notified, postage pre-paid and registered or certified with return receipt requested; facsimile; electronic mail, with documentation evidencing the addressee's receipt thereof; or by delivering the same in person to such party a via hand-delivery service, or any courier service that provides a return receipt showing the date of actual delivery of same to the addressee thereof. Notice given in accordance herewith shall be effective upon receipt at the address of the addressee. For purposes of notification, the addresses of the parties shall be as follows: If to Wylie, addressed to it at: City of Wylie Attention: City Manager Wylie, Texas 75098 Telephone: (972) 516-6000 Facsimile: (972) 516-6026 Electronic Mail: mindy.mansonwylietexas. ov with a copy to: Abernathy, Roeder, Boyd & Joplin, P.C. Attention: Ryan D. Pittman 1700 Redbud Blvd., Suite 300 McKinney, Texas 75069 Telephone: (214) 544-4000 Facsimile: (214) 544-4044 Electronic Mail: rpittmanabernath -law.com If to Developer, addressed to it at: DEVELOPMENT AGREEMENT(KREYMER ESTATES PHASE 2) PAGE 5 of 25 645004.1 Bloomfield Homes, L.P. 1050E Hwy 114, Suite 210 Southlake, Texas 76092 phone: Telephone: 817-416-1572 Electronic Mail: don ,bloomfieldhomes.net 11. PARTIES' ACKNOWLEDGEMENT OF WYLIE'S COMPLIANCE WITH FEDERAL AND STATE CONSTITUTIONS, STATUES AND CASE LAW AND FEDERAL, STATE AND LOCAL ORDINANCES, RULES AND REGULATIONS/DEVELOPER WAIVER AND RELEASE OF CLAIMS FOR OBLIGATIONS IMPOSED BY THIS AGREEMENT. A. DEVELOPER ACKNOWLEDGES AND AGREES THAT: (I) THE CONVEYANCES, DEDICATIONS, EASEMENTS AND/OR PAYMENT OF MONEY REQUIRED BY THIS AGREEMENT TO BE PERFORMED BY DEVELOPER, IN WHOLE OR IN PART, DOES/DO NOT CONSTITUTE A: (A) TAKING UNDER THE TEXAS OR UNITED STATES CONSTITUTION; (B) VIOLATION OF THE TEXAS WATER CODE, AS IT EXISTS OR MAY BE AMENDED; (C) NUISANCE; AND/OR (D) CLAIM FOR DAMAGES AND/OR REIMBURSEMENT AGAINST WYLIE FOR A VIOLATION OF ANY FEDERAL AND/OR STATE CONSTITUTION, STATUTE AND/OR CASE LAW AND/OR FEDERAL, STATE AND/OR LOCAL ORDINANCE, RULE AND/OR REGULATION. (II) THE AMOUNT OF DEVELOPER'S FINANCIAL OR INFRASTRUCTURE CONTRIBUTION (AFTER RECEIVING ALL CONTRACTUAL OFFSETS, CREDITS AND REIMBURSEMENTS, IF ANY) AGREED TO IN THIS AGREEMENT IS ROUGHLY PROPORTIONAL TO THE DEMAND THAT SUCH DEVELOPER'S DEVELOPMENT PLACES ON WYLIE'S INFRASTRUCTURE. (III) DEVELOPER HEREBY RELEASES WYLIE FROM ANY OBLIGATION TO PERFORM OR COMMISSION A TAKINGS IMPACT ASSESSMENT UNDER CHAPTER 2007, TEX. GOV'T CODE,AS IT EXISTS OR MAY BE AMENDED. (IV) DEVELOPER HEREBY AGREES THAT ANY PROPERTY WHICH IT CONVEYS TO WYLIE PURSUANT TO THIS AGREEMENT IS ROUGHLY PROPORTIONAL TO THE DEVELOPMENT AGREEMENT(KREYMER ESTATES PHASE 2) PAGE 6 of 25 645009.1 BENEFIT RECEIVED BY DEVELOPER FOR SUCH LAND, AND DEVELOPER HEREBY WAIVES ANY CLAIM THEREFORE THAT IT MAY HAVE. DEVELOPER FURTHER ACKNOWLEDGES AND AGREES THAT ALL PREREQUISITES TO SUCH A DETERMINATION OF ROUGH PROPORTIONALITY HAVE BEEN MET, AND THAT ANY VALUE RECEIVED BY WYLIE RELATIVE TO SAID CONVEYANCE ARE RELATED BOTH IN NATURE AND EXTEND TO THE IMPACT OF THE DEVELOPMENT OF DEVELOPER'S ADJACENT PROPERTY ON WYLIE'S INFRASTRUCTURE. DEVELOPER AND WYLIE FURTHER . AGREE TO WAIVE AND RELEASE ALL CLAIMS ONE MAY HAVE AGAINST THE OTHER RELATED TO ANY AND ALL ROUGH PROPORTIONALITY AND INDIVIDUAL DETERMINATION REQUIREMENTS MANDATED BY THE UNITED STATES SUPREME COURT IN DOLAN V. CITY OF TIGARD, 512 U.S. 374 (1994), AND ITS PROGENY, AS WELL AS ANY OTHER REQUIREMENTS OF A NEXUS BETWEEN 6s DEVELOPMENT CONDITIONS AND THE PROJECTED IMPACT OF THE PUBLIC INFRASTRUCTURE. (V) DEVELOPER SHALL INDEMNIFY AND HOLD HARMLESS WYLIE FROM AND AGAINST ANY CLAIMS AND SUITS OF ti THIRD PARTIES, INCLUDING BUT NOT LIMITED TO, DEVELOPER'S RESPECTIVE PARTNERS, OFFICERS, DIRECTORS, EMPLOYEES, REPRESENTATIVES, AGENTS, SUCCESSORS, ASSIGNEES, AS AUTHORIZED HEREIN, VENDORS, GRANTEES, AND/OR TRUSTEES, BROUGHT PURSUANT TO THIS PARAGRAPH. B. DEVELOPER RELEASES WYLIE FROM ANY AND ALL CLAIMS OR CAUSES OF ACTION BASED ON EXCESSIVE OR ILLEGAL EXACTIONS. C. DEVELOPER WAIVES ANY CLAIM FOR DAMAGES AND/OR REIMBURSEMENT AGAINST WYLIE FOR A VIOLATION OF ANY FEDERAL AND/OR STATE CONSTITUTION, STATUTE AND/OR CASE LAW AND/OR FEDERAL, STATE AND/OR LOCAL ORDINANCE, RULE AND/OR REGULATION. D. THIS PARAGRAPH 11 SHALL SURVIVE THE TERMINATION OF THIS AGREEMENT. 12. Vested Rights/Chalater 245 Waiver. The signatories hereto shall be subject to all ordinances of Wylie, whether now existing or in the future arising. This Agreement shall confer no vested rights on the Property, or any portion thereof, unless specifically enumerated herein. In addition, nothing contained in this DEVELOPMENT AGREEMENT(KREYMER ESTATES PHASE 2) PAGE 7 of 25 645009.1 Agreement shall constitute a "permit" as defined in Chapter 245, TEx. Loc. GOV'T CODE, and nothing in this Agreement provides Wylie with fair notice of any project of Developer. DEVELOPER WAIVES ANY STATUTORY CLAIM UNDER CHAPTER 245 OF THE TEX. Loc. GOV'T CODE, UNDER THIS AGREEMENT. THIS PARAGRAPH SHALL SURVIVE THE TERMINATION OF THIS AGREEMENT. 13. SENATE BILL 18 WAIVER. As ADDITIONAL CONSIDERATION FOR THE BENEFITS DEVELOPER IS RECEIVING UNDER THIS AGREEMENT, DEVELOPER HEREBY RELEASES WYLIE FROM AND AGAINST,AND WAIVES ANY ALL RIGHTS TO, CLAIM ANY RELIEF UNDER SENATE BILL 18, AS ADOPTED BY THE 82ND TEXAS LEGISLATIVE SESSION. 14. Attorney's Fees. In any legal proceeding brought to enforce the terms of this 1 Agreement, the prevailing party may recover its reasonable and necessary attorney's fees from the non-prevailing party, subject to the limitations set forth in TEX. Loc. GOV'T CODE § 271.153, as it exists or may be amended. 15. Incorporation of Recitals. The representations, covenants and recitations set forth in the foregoing recitals of this Agreement are true and correct and are hereby incorporated into the body of this Agreement and adopted as findings of Wylie and the authorized representative of Developer. 16. Warranties/Representations. All warranties, representations and covenants made by one party to the other in this Agreement or in any certificate or other instrument delivered by one party to the other under this Agreement shall be considered to have been relied upon by the other party and will survive the satisfaction of any fees under this Agreement, regardless of any investigation made by either party. 17. Entire Agreement. This Agreement contains the entire agreement of the parties with respect to the matters contained herein and may not be modified or terminated except upon the provisions hereof or by the mutual written agreement of the parties hereto. 18. Governing Law/Venue. This Agreement shall be construed in accordance with the laws of the State of Texas and shall be performable in Collin County, Texas, which is the county in which the principal administrative offices of Wylie are located. It is specifically agreed between the parties to this Agreement that Collin County, Texas is the place of performance of this Agreement and that in the event any legal proceeding is brought to enforce this Agreement or any provision hereof, the same shall be brought and exclusive venue shall lie in Collin County, Texas. 19. Consideration. This Agreement is executed by the parties hereto without coercion or duress and for substantial consideration, the sufficiency of which is forever confessed. DEVELOPMENT AGREEMENT(KREVMER ESTATES PHASE 2) PAGE 8 of 25 645009.1 20. Multiple Counterparts. This Agreement may be executed in a number of identical counterparts, each of which shall be deemed an original for all purposes. An electronic mail and/or facsimile signature will also be deemed to constitute an original if properly executed and delivered to the other party. 21. Authority to Execute. The individuals executing this Agreement on behalf of the respective parties below represent to each other and to others that all appropriate and necessary action has been taken to authorize the individual who is executing this Agreement to do so for and on behalf of the party for which his or her signature appears, that there are no other parties or entities required to execute fn this Agreement in order for the same to be an authorized and binding agreement on the party for whom the individual is signing this Agreement and that each individual affixing his or her signature hereto is authorized to do so, and such authorization is valid and effective on the Effective Date. The parties agree that the performance of the parties under this Agreement is authorized by TEX. Loc. GOV'T CODE § 212.072. 22, Savings/Severability. In case any one or more of the provisions contained in this Agreement shall for any reason be held to be invalid, illegal and/or unenforceable in any respect, such invalidity, illegality and/or unenforceability shall not affect any other provisions hereof, and this Agreement shall be construed as if such invalid, illegal and/or unenforceable provision had never been contained herein. 23. Representations. Each signatory represents this Agreement has been read by the party for which this Agreement is executed and that such party has had an opportunity to confer with its counsel. 24, No Third Party Beneficiaries. Nothing in this Agreement shall be construed to create any right in any third party not a signatory to this Agreement, and the parties do not intend to create any third party beneficiaries by entering into this Agreement. 25. Assignment/Binding Effect. (a) This Agreement is assignable, in whole or in part, upon the following conditions, all of which must be satisfied before any such assignment shall be valid and enforceable: (i) the assignment of the Agreement must be evidenced by a recordable document ("Assignment"), the form of which must be approved in writing by Wylie; such approval not to be unreasonably withheld; (ii) the Assignment must expressly contain, among any other reasonable requirements and/or conditions of Wylie, an DEVELOPMENT AGREEMENT(KREYMER ESTATES PHASE 2) PAGE 9 of 25 645009.1 acknowledgment and agreement that all obligations, covenants and/or conditions contained in the Agreement will be assumed solely and completely by the assignee, the party who is responsible for the construction of the Kreymer Estates Phase 2 Sanitary Sewer Improvements, as contemplated herein, and the contact name, address, phone number, fax number and electronic mail address of the assignee; (iii) Developer will file any approved, executed Assignment in the Land Records of Collin County, Texas; and (iv) Developer shall provide Wylie with a file-marked copy of the Assignment within ten (10) calendar days of filing the same. (b) This Agreement shall be binding upon and inure to the benefit of Wylie and Developer. 26. Indemnification. The Parties agree that the Indemnity provision set forth in Paragraph 11 herein are conspicuous, and the parties have read and understood the same. Construction and Bond Requirements. All construction described herein shall 27. be subject to and in compliance with all ordinances, rules, regulations and requirements of Wylie, as they exist, may be amended or in the future arising, (collectively, "Regulations"), including but not limited to, all Regulations applicable to Wylie's Final Acceptance, and evidence of any bonds required by TEx. Loc. GOV'T CODE § 212.073, as amended, or other applicable law, shall be provided by Developer to Wylie (collectively, "Construction Requirements"). 28. Waiver. Waiver by either party of any breach of this Agreement, or the failure of either party to enforce any of the provisions of this Agreement, at any time, shall not in any way affect, limit or waive such party's right thereafter to enforce and compel strict compliance. 29. Immunity. It is expressly understood and agreed that, in the execution of this Agreement, Wylie has not waived, nor shall be deemed hereby to have waived, any immunity, governmental, sovereign and/or official, or defense that would otherwise be available to it against claims arising in the exercise of governmental powers and functions. By entering into this Agreement, the parties do not create any obligations, express or implied, other than those set forth herein. 30. Reference to Developer. Wnen referring to "Developer" herein, this Agreement shall refer to and be binding upon Developer, and its officers, directors, partners, employees, representatives, contractors, agents, successors, assignees (as authorized herein), vendors, grantees, trustees, legal representatives and/or any other third parties for whom Developer is legally responsible. DEVELOPMENT AGREEMENT(KREYMER ESTATES PHASE 2) PAGE 10 of 25 645009.I 31. Reference to Wylie. When referring to "Wylie" herein, this Agreement shall refer to and be binding upon Wylie, its Council Members, officers, agents, representatives, employees and/or any other authorized third parties for whom Wylie is legally responsible. 32. Miscellaneous Drafting Provisions. This Agreement shall be deemed drafted equally by all parties hereto. The language of all parts of this Agreement shall be construed as a whole according to its fair meaning, and any presumption or principle that the language herein is to be construed against any party shall not apply. Headings in this Agreement are for the convenience of the parties and are not intended to be used in construing this document. [Signature pages follow.] DEVELOPMENT AGREEMENT(KREYMER ESTATES PHASE 2) PAGE 11 of 25 645009.1 IN WITNESS WHEREOF, the parties have executed this Agreement and caused this Agreement to be effective on the Effective Date, CITY OF WYLIE, TEXAS, a Texas home-rule municipality By: Mindy Manson, City Manager Attested to by: Approved as to form: 7,77 Carole Ehrlich, City Secretary Ab nathy Roeder Boyd & Joplin P.C. Ryan D. Pittman, City Attorneys BLOOMFIELD HOMES, L.P., a Texas limited partnership By: Bloomfield Properties, Inc,, a Texas corporation Its: General Partner By: Donald J. Dykstra, President DEVELOPMENT AGREEMENT(KREYMER ESTATES PHASE 2) PAGE 12 of 25 645009,1 STATE OF TEXAS § COUNTY OF COLLIN § BEFORE ME, the undersigned authority, on this day personally appeared MINDY MANSON, known to me to be one of the persons whose names are subscribed to the foregoing instrument; she acknowledged to me that she is the City Manager and duly authorized representative of the CITY OF WYLIE, TEXAS, a Texas home-rule municipality, and that she executed the same for the purposes and consideration therein stated and in the capacity therein stated as the act and deed of the City of Wylie, Texas. IN WITNESS WHEREOF, I have hereunto set my hand and seal of office this day of , 2014. Notary Public, State of Texas My Commission Expires: STATE OF TEXAS § COUNTY OF § BEFORE ME, the undersigned authority, on this day personally appeared DONALD J. DYKSTRA, known to me to be one of the persons whose names are subscribed to the foregoing instrument; he acknowledged to me that he is the president and duly authorized representative of Bloomfield Properties, Inc., a Texas corporation and the general partner of BLOOMFIELD HOMES, L.P., a Texas limited partnership, and that he executed the same for the purposes and consideration therein stated and in the capacity therein stated as the act and deed of Bloomfield Homes, L.P. IN WITNESS WHEREOF, I have hereunto set my hand and seal of office this day of , 2014. Notary Public, State of Texas My Commission Expires: DEVELOPMENT AGREEMENT(KREYMER ESTATES PHASE 2) PAGE 13 of 25 645009.1 Exhibit "A" Legal Description of the Property Whereas Bloomfield Homes is the sole owner of a 23.171 acre tract of land situated in the Francisco de la Pina Survey, Abstract No. 688, City of Wylie, Collin County, Texas and being part of a of a tract of land conveyed to Bloomfield homes, LP by deed recorded in County Clerk's File No. 2011228001399910, Deed Records, Collin County, Texas and a part of a 40.549 acre tract of land conveyed to Archie A. Kreymer and Nora M. Kreymer by deed recorded in Volume 522, Page 618, Deed Records, Collin County, Texas, said 23.171 acre tract being more particularly described by metes and bound as follows: BEGINNING at a 5/8 inch iron rod with yellow plastic cap stamped "WESTWOOD PS" found for the northwest corner of Kreymer Estates Phase 1, an addition to the City of Wylie, Collin County, Texas as recorded in Volume 2013, Page 177-178 and in Document No. 20130502010001260, Official Public Records, Collin County, Texas; THENCE along the west line of said Kreymer Estates Phase 1, and the common east line of the remainder of said Bloomfield Homes, LP tract the following courses and distances: South 01 Degrees 09 Minutes 52 Seconds West, a distance of 170.00 feet to a 5/8 inch iron rod with yellow plastic cap stamped"WESTWOOD PS" found for corner; South 88 Degrees 50 Minutes 11 Seconds East, a distance of 171.46 feet to a 5/8 inch iron rod with yellow plastic cap stamped "WESTWOOD PS" found for corner; South 02 Degrees 51 Minutes 10 Seconds West, a distance of 633.66 feet; South 46 Degrees 04 Minutes 56 Seconds West, a distance of 229.23 feet; South 06 Degrees 43 Minutes 15 Seconds West, a distance of 169.77 feet to a 5/8 inch iron rod with yellow plastic cap stamped "WESTWOOD PS" set for corner; South 02 Degrees 50 Minutes 49 Seconds West, a distance of 76.38 feet to a 5/8 inch iron rod with yellow plastic cap stamped "WESTWOOD PS" found for corner; North 87 Degrees 09 Minutes 18 Seconds West, a distance of 120.00 feet to a 5/8 inch iron rod with yellow plastic cap stamped "WESTWOOD PS" found for corner; South 54 Degrees 27 Minutes 43 Seconds West, a distance of 172.32 feet; THENCE,North 22 Degrees 20 Minutes 49 Seconds West, departing the west line of said Kreymer Estates Phase 1 and continuing along the west line of said Bloomfield Homes LP tract, a distance of 50.58 feet; to a 5/8 inch iron rod with yellow plastic cap stamped"WESTWOOD PS" set for corner; Thence over and across said Bloomfield Homes LP tract, the following courses and distances: DEVELOPMENT AGREEMENT(KREYMER ESTATES PHASE 2) PAGE 14 of 25 645004.1 North 22 Degrees 20 Minutes 49 Seconds West, a distance of 52.23 feet; North 43 Degrees 50 Minutes 55 Seconds West, a distance of 102.86 feet; North 61 Degrees 16 Minutes 04 Seconds West, passing at a distance of 42.29 feet the west line of said Bloomfield Homes LP tract and the common east line of said Archie A. Kreymer Tract, for a total distance of 402.47 feet; to a 5/8 inch iron rod with yellow plastic cap stamped"WESTWOOD PS" set for corner; THENCE OVER AND ACROSS SAID Archie A. Kreymer tract, the following courses and distances: North 20 Degrees 59 Minutes 37 Seconds West, a distance of 240.36 feet; North 14 Degrees 29 Minutes 58 Seconds East, a distance of 344.23 feet; North 01 Degrees 40 Minutes 32 Seconds West,a distance of 398.82 feet to a 5/8 inch iron rod with yellow plastic cap stamped"WESTWOOD PS" set for corner on the north line of said Archie A. Kreymer tract and the common south right-of-way line of said Brown Street as recorded in Instrument No. 020091103001341900, deed Records, Collin County, Texas; THENCE South 88 Degrees 52 Minutes 45 Seconds East, along the north line of said Archie A. i. Kreymer tract and the common south right-of-way line of said Brown Street, a distance of 382.59 feet to a 5/8 inch iron rod with yellow plastic cap stamped "WESTWOOD PS" found for the northeast corner of said Archie A. Kreymer tract and the common northwest corner of said Bloomfield.Homes LP tract; THENCE South 88 Degrees 59 Minutes 03 Seconds East, along the north line of said Bloomfield Homes, LP tract, a distance of 404.81 feet to the POINT OF-BEGINNING and containing 23.171 acres 1009318 square feet of land more or less. DEVELOPNIENT AGREEMENT(ICREYIVIER ESTATES PHASE 2) PAGE 15 of 25 645009.1 Exhibit "B" Preliminary Plat i r,- )\ ° 4 L , a t K 4 �s ��t� ¢ t G q iL ;' 1yL \ .f of S ,,2 Y� t h h ', /e { )i i A ,! il U t l i a L 1. t•bi , / , ,.S 3 k £ f , ...LW.' It£ Sitcl DON 1{uvp I} ...LW.' 4 .i ..t L. _ . ._._ a t ite t I r� 1 SWITOIIN4 67A71Oti Va.U.A1,Ft,.6?1 rr.� FRCS:Y .. , *:4, a ; t ' $v fi. d IA i a 0, 4r c Vcn x C g U..rap .a ; -_---..., — , _ _ -n e.,.,w.. ...... f b OICI IIASAIAOV IV AT.ifVCVIAVO i:£TATCC RUACC M , DEVELOPMENT AGREEMENT(KREYMER ESTATES PHASE 2) PAGE 16 of 25 645009.1 iK fit ym�mf w VA --iii,C1 I17417GY wi Hf W K[>C VP.iCU Cg7RT Kq V3+KgC 7 DEVELOPMENT AGREEMENT(KREYMER ESTATES PHASE 2) PAGE 17 of 25 645009.1 Exhibit "C" Kreymer Estates Phase 2 Sanitary Sewer Improvements i I • a , t< e i. • i i" c k ? 2 k • z � u ,i I ' III I (, V !!! — S S 3iIF i i is i 1 I i , .. M Of C A m AO i ,4 s ¢X sty i rr ll ( , '!'+ f g ill DEVELOPMENT AGREEMENT(KREYMIER ESTATES PHASE 2) PAGE 18 of 25 645009.1 to N rr. © ON 1-1 _.:. '.IAF' L DE SEE S-' 1. It ..^ w T.� •pMdN EI:azCE it r tttt 't Y f I{ e_ i ar ( .x i 1 '° f . �+ LEGEND :-k ? rz 1 w r t f`r I. .: G �.. _.__ -. i 1 j , ` / / 1el ', `\. ,/, `'.- -. 7 �, � - _ FNoua,E"celd F....„E�'. ;,, �.. "� 3Cre mer Estates �. ., H • Phase 2 --,-,„_... .. \IN 1 f f rt :...._..._ .. .„_ cm,of Wylie.1X F k: 4. / ta Witit AND SEWER W V C. touted.For C000tructi rt 1 F .. z PO W ai o W A 770 I I ail ' (' IMP NI. Ye I�� V .t lite' E III '11 eVI i I,+ na .. . 1 bll 5„ : el l re aY j I I I A I 1 '� - If I"; i I 1,.b. I I 1" I ,.2, v 'lee I 1 I F a iFS+,IN wF 11. . ,..o.o.PI F» ,+x�a.,w.•a i er VA. «* C ! !VI 4 t7, r+ Sid-i? .?, Vl Abe_}t s 'I; f 3.. DEVELOPMENT AGREEMENT(KREVMER ESTATES PHASE 2) PAGE 20 of 25 645009.1 s t .", �. a.. ,I r�s I i` Irk R ,,o-.., ,.51.. I _ U 1, �. 1 ! 1::: r .1<1.4 r . .,1tn �/ • s.5}f:+j4; F. I. as to I3R .r.;n Ali 4 -,:',:Y —z.. -- - i 11 sl �‘i= 4\ \a. ti I x k tj li is i{ I g IA u n. 1 1 1 i€ _ t S I1 i i i.,„, F,. M . ,,, " , .:,, t..., ,,„ 9 t n fr" i "1r. , '. ,13 DEVELOPMENT AGREEMENT(KREYMER ESTATES PHASE 2) PAGE 21 of 25 645009.1 .I iI i II44 II 11 ii 14 ..G fja � JCf'sp 4; e l!fe a 1q{t � Y } i "iT ana1qi 10 Ai ip Y i1` x S ) vk bbtS f sx ¢ 8 ;i Vk i i ll 4f1l ilA , 1 tii0; d ` r. h r � { i7 T 3Rg 1 G Ji.p� L • l°r' Y1' w4-ii ; sEL11 i1)i ih .; 18 ) ¢ 11 ,41 in . 3 bi ( ;1 ' 111 1t R ; !t X i yi 1[ Y !! 9F. pi ii j 3 g`@ E d 1 t a` - :t Q 10- jj. Pi.� ill i to a rib_ E° : u 0 �v I a 1 WI ! ;a E �, 3 s Ill i,i } 7 F Qi �� ! i 1 9'G � � ; i• � 3 �„ ��,7 4 �q1' � # � 7 P � p 9.`i�a ��2� l WI ! 41 , p � s iR L4 I r 7 F { Jai i ;4 it, i II" F. )ay 3 a a. ; st, itd0 6II1i7g e : i ivy � t -4' ii1 'kp l �� i �� a r t 3_� �.G � j � � y t� �8r _ iy y+ C� gg 8 . ? i F ti t. e g S F7 i 1 i 't a i SiSi i 1 .i !y1y+ iY i 4 q( �J i %r a � � � q9�r � 4 ! Fi y A .i� �� ? p d ��f R� t ;i 1!! ! I ! i . 1 ' 1' I1 9 S; `I c r PI I; i i I 3 ! P a X; TN li ; il i 1 1 1 V. ' 13 1 4 -yl. i i. 4i'i ij 4, ?. 1t@-. , .. a4 xA `fl [ _ FfyyiI p■ i} 0,1i yYjx-R4`' Ei Tit:. $ i s 6 ! ti C ? iris i !;� i ,.PA IV S tk �-E . � qqi t � � sF �� #a- i1t:-4 € ' $ GI 1 x 1 G li - 1 Ita gg ' 1 t4 i ; K 114 4 a .1qE ; i e ;i ) 1t i 4' i gg d t.10 t 4 ii 7}E r 6 j 7 0 S 6 1. e rii • i t,i �li ��s IIr G g !!*II {I i oO 4T p wf DEVELOPMENT AGREEMENT(KREYMER ESTATES PHASE 2) PAGE 22 of 25 645009.1 Y3Y_3 1I.F* y > e e1 j 1 i t 4 # I 4 11. '� " w a L -.-kl--S a+ '� �>"� • `,`war r ,x „ ! j .I nlq J.{ JL 'd rt 5_ -1 i ..y-.... ..,..'_T i 1 -'ram- F t (i ;. _.4_ '.t i r.7 I'.r. 1 �,! ! I al 1 _' ( ffi :f ' Ij,�if 1'Y Il4 e 1;1 1l ) 1 1 f' '° ' f . !eye( r L 1 '+• '1 ��' ' { 'y 1,,.1, ,f,i;I IF, fl,),,i4; I k,‘ i 1 1 t , I+ 1 III' �I�I&> ��t[;�jl} IPtii�+I�I ;1,:::;, rk I 'Y+lea§E"li,d �I,I�i g., ajoi 1I p 0•1 li i'I iq#; 1FF. pp ISIS �iA, ',„in I NV1;',' "tit41';iil r,41101 1' 1,.1E 1 k ill (t + i;i 1 �t l+e k l ilt {• Gt E s I ;- 6 4. 1 1�it pl 1; j,i r• i i } • } ; I:1 Y 1 1 f}'.J i+ i3 t P�1! I{..1 , j} 'i1r•Ifs h - p { 4 1, {Yx l:�( ti 1I 1 1 t f t , r a i J Ifk —4�, i p �11 �; if p Ita _+If d I+.g 1 '.: 1 ., II! 44 C Ii c�j ;I111 1 ! ' ir ., it t t; ifi ,,f ip (1 > ,.l i 1 G7 11 J{ t-i p 1 • I ' j+i it I 9 I1le (� 2 j14 �,s '. ai. q.,I ,1i b,. , 1 I + 1. 1 r , t, wu Wa k I 1 l ,'.a E rt u op u rI1 DEVELOPMENT AGREEMENT(KREYAIER ESTATES PHASE 2) PAGE 23 of 25 645009.1 k ti l, ! i ii I t tlT i`;i' }7 sR i €M 1 `,1 k { i t t K:. ii t(i 7 1,' .1 r t , ( .k, kill':t �Iii t y i . . �g it3' I ? .i i N f 11 l :r, ;: • .$ tt 1 , ']i, � ( 1 l ka; . 9 9 a F!:r ii 2 t _. _ , . - i to -3( I_...9 CIE r.: i t t] t 4 4-10 0; ,� t; t _ t 44 r r , £ _ r y $ I'f' pss tf iR:I 4'l' ° ' �°t1, ' 'it4i!I i. f' q IG I,O, 1' i':;;111.1 • I t (I ! # :,r� > a t `Ir _ iii . r f i .i; ! , ilk i t ! 9M Iti'In...! l A 3 %��1r— 0 41. _ — i ,t','i 1 i P t7 S ,i rti , :� S r F ra t i II! 4 { itIs Us+ } { Ill j I DEVELOPMENT AGREEMENT(KREYMER ESTATES PHASE 2) PAGE 24 of 25 645009,1 Exhibit "D" Cost Analysis what would have been 8" Required Sanitary Sewer Line A constructed without Cost Estimate $ 45,461.40 A oversizing 15" Oversized Sanitary Sewer Line A Cost Estimate $ 109,733.06 B cost of oversizing cost of Sanitary Sewer Total $ 155,194.46 C Line A (A+B) total reimbursement amount for Sanitary C-A $ 109,733.06 D Sewer Line A total reimbursement 15" Sanitary Sewer Line C Cost amount for Sanitary G, Estimate $ 48,344.80 E Sewer Line C Kreymer Estates Phase 2 Sanitary Sewer Improvements E+C $ 158,077.86 F Reimbursement DEVELOPMENT AGREEMENT(KREYMER ESTATES PHASE 2) PAGE 25 of 25 645009.1 OF Wit, . Wylie City Council .� R2 .. AGENDA REPORT ,,;,..$ Meeting Date: April 22, 2014 Item Number: F Department: Engineering (City Secretary's Use Only) Prepared By: Chris Hoisted Account Code: 615-5725-58310 Date Prepared: April 8, 2014 Budgeted Amount: $7,278,815 Exhibits: Final pay request Subject Consider, and act upon, approval and final acceptance of the reconstruction of West Brown Street from Country Club Drive to Ballard Avenue and authorize final payment to McMahon Contracting, LP in the amount of $356,798.70 and accept the project as complete. Recommendation Motion to approve, final acceptance of the reconstruction of West Brown Street from Country Club Drive to Ballard Avenue and authorize final payment to McMahon Contracting, LP in the amount of$356,798.70 and accept the project as complete. Discussion On February 28, 2012,. a construction contract was awarded to McMahon Contracting, LP in the amount of $7,278,814.43 for the reconstruction of West Brown Street from Country Club Drive to Ballard Avenue. All punch list items have been addressed by the contractor. The final contract amount after field changes and quantity adjustments is $7,135,794. Page 1 of 1 BIRKHOFF9 HENDP,ICKS & CARTER, L.L.P. PROFESSIONAL ENGINEERS 11910 Greenville Ave.,Suite 600 Dallas,Texas 75243 Fax(214)461-8390 Phone(214)361-7900 JOHN W BIRKHOFF,P.E. GARY C.HENDRICKS,P.E. JOE R.CARTER,P.E. MATT HICKEY,P.E. ANDREW MATA,JR.,P.E JOSEPH T.GRAJEWSKI,III P E DEREK B.CHANEY,P.E. March 24,2014 CRAIG M.KERKHOFF,P.E. Mr. Chris Hoisted, P.E. City Engineer City of Wylie 300 Country Club Road Wylie,Texas 75098 Re: West Brown Street Paving&Drainage Improvements Pay Request No. 23 & Final Dear Mr.Hoisted: We are enclosing two(2)copies(with original signatures)of Pay Request No.23 & Final in the amount of $356,798.70.60 for the work performed by McMahon Contracting, LP on the West Brown Street Paving& Drainage Improvements project through March 24 25,2014. The total contract amount on this Final Pay Request is approximately 98%of the total contract amount awarded._. This project was considered substantially complete as of February 25 because the roadway was open and final punch list items were being completed. McMahon Contracting,LP requests release of the retainage for this project. We enclosed an executed Affidavit of Final Payment and Release and a Consent of Surety Company to Final Payment. The warranty period for the Maintenance Bond on the West Brown Street Improvements project will begin on the date final payment is issued to McMahon Contracting, LP. If you concur with this pay request,please have it executed for the City of Wylie and forward one copy along with the payment due to McMahon Contracting, LP. Sincerely yours, Joe R. Carter, P.E. Enclosures cc: Mr.Chris Young(McMahon Contracting, LP) j:1clerical\wylie52 8-102 w brown street p&ddpay requestlpay rag hr-23-finel.does Texas Firm F526 CONTRACTOR'S AFFIDAVIT OF FINAL PAYMENT_AND RELEASE THE STATE OF TEXAS COUNTY OF COLLIN § BEFORE ME,the undersigned authority,on this day personally appeared Shawn McMahon ("Affiant"),who, after being by me duly sworn,deposes and says that he is Manager of McMahon Contracting, LP (corporation, partnership,trade name) of County, State of Texas(the "Contractor"),which said Contractor was awarded the contract dated the 28th day of February 20__ 12 , for the construction of West Brown Street Improvements(Country Club Road to North Ballard Avenue) in The City of Wylie,Texas (the "Work"),for a total consideration of Dollars to be paid to the said Contractor(the "Contract"),and that Affiant has full power of authority to make this affidavit. That The City of Wylie,Texas (the "Owner")has approved the final estimate on said Work, and that the said Contractor has fully satisfied and paid any and all claims that may be covered by Chapter 53 of the Texas Property Code, and Article 5160 of the Revised Civil Statutes of the State of Texas, or any other applicable statutes or charter provisions, and that all just bills for labor and materials have been paid and discharged by said Contractor insofar as they pertain to the Work in question. That in addition to any funds which may have been previously paid by the Owner,the Contractor hereby accepts the amount of $356,798.70 Dollars as FULL AND FINAL PAYMENT under the aforementioned Contract, and hereby waives and releases any right Affiant and/or the Contractor may have to pursue claims of any nature against the Owner arising out of or in any manner connected with the performance of the Work and/or the Contract,including but not limited to claims of third parties that supplied material and/or labor for the Work for or through the Contractor ("Subcontractors"), as well as claims for delay, additional compensation or for recovery of liquidated damages which may have been withheld by the Owner.- The Contractor shall defend, hold harmless and indemnify the Owner from any such claims of such Subcontractors. The Contractor further releases the Owner from any claim or liability arising from any act or neglect of the Owner related to or connected with the Contract. This affidavit is given pursuant to the final payment provisions of the Contract, and shall not be deemed to alter or modify the terms and provisions of said Contract. ahon Contractin ,LP (Affiant)_ 4 1 _Tv- (Printed Name) SUBSCRIBED AND SWORN TO BEFORE ME,this the VA day of tE ,A.D.2014. `n Cheryl ESpenas ; (NotaryPublic in d for the t ' ate of Texas) Commission Expires , C- G. 02-10-20 16 �- N tinted Name of otan) My Commission Expires j. lerict\ Iie12U06-127 sh 78 wilspecslloavadatlidavil.dosx CONSENT OF OWNER ❑ SURETYCOMPANY PANY ARCHITECT ❑ CONTRACTOR ❑ TO FINAL PAYMENT SURETY ❑ Conforms with the American Institute of OTHER Architects,AIA Document G707 Bond No 09068972 PROJECT: `name, addres5)West Brown Street Improvements Wylie TX TO (Owner) 7 ARCHITECT'S PROJECT NO: CITY OF WYLIE CONTRACT FOR: 300 Country Club Road West Brown Street Improvements(Country Club Road to North Ballard Avenue) Wylie TX CONTRACT DATE:2/28/2012 CONTRACTOR:MCMAHON CONTRACTING, LP In accordance with the provisions of the Contract between the Owner and the Contractor as indicated above,the there insert name and address of Surety Company) FIDELITY AND DEPOSIT COMPANY OF COLONIAL AMERICAN CASUALTY AND MARYLAND SURETY COMPANY 1400 American Lane 1400 American Lane Schaumburg,IL 60196-1056 Schaumburg IL 60196 , SURETY COMPANY on bond of (here insert name and address of Contractor) MCMAHON CONTRACTING, LP P.O.Box 153086 Irving TX 75015-3086 , CONTRACTOR, hereby approves of the final payment to the Contractor, and agrees that final payment to the Contractor shall not relieve the Surety Company of any of its obligations to (here insert name and address of Owner) CITY OF WYLIE 300 Country Club Road Wylie TX OWNER, as set forth in the said Surety Company's bond. IN WITNESS,WHEREOF, the Surety Company has hereunto set its hand this 18th day of March,2014 FIDELITY AND DEPOSIT COMPANY OF MARYLAND COLONIAL AMERICAN CASUALTY AND SURETY COMPANY Surety Company 66. Attests (Seal): fitr Signature of Authorized Representative Rabbi Morales Attorney-in-Fact Title NOTE: This form is to be used as a companion document to AlA DOCUMENT 0706, CONTRACTOR'S AFFIDAVIT OF PAYMENT OF DEBTS AND CLAIMS, Current Edition ONE PAGE ZURICH AMERICAN INSURANCE COMPANY COLONIAL AMERICAN CASUALTY AND SURETY COMPANY FIDELITY AND DEPOSIT COMPANY OF MARYLAND POWER OF ATTORNEY KNOW ALL MEN BY THESE PRESENTS:That the ZURICH AMERICAN INSURANCE COMPANY,a corporation of the State of New York.the COLONIAL AMERICAN CASUALTY AND SURETY COMPANY.a corporation of the State of Maryland,and the FIDELITY AND DEPOSIT COMPANY OF MARYLAND a corporation of the State of Maryland (herein collectively called the "Companies"), by JAMES M. CARROLL, Vice President, in pursuance of authority granted by Article V, Section 8, of the By-Laws of said Companies, which are set forth on the reverse side hereof and are hereby certified to be in full force and effect on the date hereof,do hereby nominate, constitute,and appoint Jerry P.ROSE,Don E.CORNELL,Robbi MORALES,Lisa M.BONNOT,Ricardo J.REYNA and V.Delene MARSHALL,all of Dallas,Texas, EACH its true and lawful agent and Attorney-in-Fact, to make,execute, seal and deliver, for,and on its behalf as surety,and as its act and deed: any and all bonds and undertakings,EXCEPT bonds on behalf of Independent Executors, Community Survivors and Community Guardians. and the execution of such bonds or undertakings in pursuance of these presents.shall be as binding upon said Companies,as fully and amply,to all intents and purposes,as if they had been duly executed and acknowledged by the regularly elected officers of the ZURICH AMERICAN INSURANCE COMPANY at its office in New York, New York.,the regularly elected officers of the COLONIAL AMERICAN CASUALTY AND SURETY COMPANY at its office in Owings Mills.Maryland.,and the regularly elected officers of the FIDELITY AND DEPOSIT COMPANY OF MARYLAND at its office in Owings Mills, Maryland..in their own proper persons. The said Vice President does hereby certify that the extract set forth on the reverse side hereof is a true copy of Article V,Section 8,of the By-Laws of said Companies.and is now in force. IN WITNESS WHEREOF, the said Vice-President has hereunto subscribed his/her names and affixed the Corporate Seals of the said ZURICH AMERICAN INSURANCE COMPANY, COLONIAL AMERICAN CASUALTY AND SURETY COMPANY, and FIDELITY AND DEPOSIT COMPANY OF MARYLAND,this 11th day of January,A.D.2013. ATTEST: ZURICH AMERICAN INSURANCE COMPANY COLONIAL AMERICAN CASUALTY AND SURETY COMPANY FIDELITY AND DEPOSIT COMPANY OF MARYLAND .i1p,.4 *p 1004,0 ..'G1.111t- to I -.,. 5 a AZEAL«6 ,(�7 i�r�w VI., t B Assistant Secretary Vire President Erir D. Barnes James M. Carroll State of Maryland City of Baltimore On this I Ith day of January,A.D.2013,before the subscriber,a Notary Public of the State of Maryland,duly commissioned and qualified,JAMES M. CARROLL,Vice President,and ERIC D.BARNES,Assistant Secretary, of the Companies,to me personally known to be the individuals and officers described in and who executed the preceding instrument, and acknowledged the execution of same,and being by me duly sworn,deposeth and said), that he/she is the said officer of the Company aforesaid,and that the seals affixed to the preceding instrument are the Corporate Seals of said Companies,and that the said Corporate Seals and the signature as such officer were duly affixed and subscribed to the said instrument by the authority and direction of the said Corporations. IN TESTIMONY WHEREOF,I have hereunto set my hand and affixed my Official Seal the day and year first above written. !z. Constance A.Dunn.Notary Public My Commission Expires:July 14,2015 POA-F 168-0589 Page 1 of MONTHLY PAY REQUEST Owner: City of Wylie,Texas Pay Request No. 23&FINAL Project: West Brown Street Paving,Drainage&Utility Improvements Contract Date: February 28,2012 Country Club Road to North Ballard Avenue Original Contract Amount: $ 7,278,814.43 From: 26-Feb-14 To: 24-Mar-14 Revised Contract Amount: $ 7,278,814.43 Project Start Date: I4-May-2012 Substantial Complete: 4-Mar-2014 660 Cal.Days Contractor: McMahon Contracting,L.P. Final Completion: 3-May-2014 720 Cal.Days P.O.Box 153086 Irving,Texas 75015 Allotted: 720 Used: 680 Quantity Quantity Complete Total Item in Revised This Work Contract Extended No. Description Unit Proposal Quantity Request Completed Price Amount BASE BID SCHEDULE NO. 1 (Paving&Drainage Improvements) 1-10I Prepare Right-of-Way Sta. 90 0 90 $3,500.00 $ 315,000.00 1-102 Dispose of Reinf.Conc.Pavement or Walk S.Y. 6,700 0 6,730 $4.27 $ 28,737.10 1-103 Dispose of Asphaltic Concrete Pavement S.Y. 28,170 28,181 0.0 28,181.0 $2.30 $ 64,816.30 1-104 Saw-Cut Conc Pavement or Walk or Asphalt L.F. 3,224 0 3,272 $1.38 $ 4,514.67 1-105 Unclassified Street Excavation C.Y. 27,960 0 27,960 $7.50 $ 209,700.00 1-106 Topsoil(4") S.Y. 31,650 32,166 0 30,326 $0.94 $ 28,506.44 1-107 Hydromulch S.Y. 14,690 0 7,686 $0.30 $ 2,305.89 1-108 Solid Block Sod Bermuda S.Y. 16,960 17,476 0 15,440 $1.75 $ 27,020.00 1-109 12"Lime Stabilized Subgrade S.Y. 61,050 0.0 55,495.9 $2.62 $ 145,399.26 1-110 Lime Slurry(@ 68#'S.Y.) Tons 2,076 0 1,963 $141.00 $ 276,839.40 1-111 8"Jointed Reinf.Conc.Pavement S.Y. 54,050 0.0 52,605.2 $32.11 $ 1,689,152.97 1-111A 8"High Early Strength Reinf Conc Pvmt. S.Y. 3,470 ='0.0 840.7 $47.71 $ 40,110.75 1-111B 10"Jointed Reinf.Conc.Pavement New S.Y. 0 6,500 0.0 4,651.7 $37.81 $ 175,880.78 1.11IC 10"HES Jointed Reinf.Conc.Pavement New S.Y. 0 1,000 0 0 $57.86 $ - 1-1 12 6"Monolithic Concrete Curb L.F. 27,320 0 26,997 $1.13 $ 30,506.72 1-113 Reinf.Conc.Street Header L.F. 224 0 82 $8.56 $ 697.64 1-114 6"Reinf.Conc.Driveway S.Y. 2,834 0 3,039 $34.60 $ 105,139.02 1-115 6"Reinf.Conc.Alley(Base Bid) S.Y. 76 117 0 117 $59.89 $ 7,007.13 1-116 6"to 1"Curb Trans Sidewalks&St.Intersections Ea. 50 0 34 $100.00 $ 3,400.00 1-117 Reinf.Conc.Sidewalk S.Y. 7,987 8,573 0.0 8,594.0 $26.76 $ 229,975.44 1-118 6"to 12"Concrete Curb For Sidewalk L.F. 510 0 110 $1.74 $ I91.40 1-119 Undercut Street Header at Street Pvmt L.F. 291 0 190 $7.53 $ 1,426.94 1-120 Railroad/Street Header L.F. 108 0 108 $6.82 $ 736.56 1-121 Barrier Free Ramps Ea. 32 0 32 $683.38 $ 21,868.16 1-122 Landscape Maintenance Ramp Ea. -12 0 12 $255.00 $ 3,060.00 1-123 4-Strand Barbed Wire Fence L.F. 3,660 0 1,830 $5.00 $ 9,150.00 1-124 Chain Link Fence L.F. 60 0 0 $20.00 $ - 1-125 6-ft Wood Privacy Fence_ L.F. 30 0 0 $30.63 $ - 1-126 8-ft Wood Privacy Fence L.F. 10 0 0 $44.28 $ 1-127 Brick Median Pavers w14"Non-Reinf.Conc. S.F. 10,020 0 9,926 $5.77 $ 57,275.33 1-128 Phase-1 Traffic Control Devices Mo. 10 12 0 12 $6,831.48 $ 81,977.76 1-129 Phase-2 Traffic Control Devices Mo. 6 0 6 $4,378.75 $ 26,272.50 J:ICLERICALSWylie22008-102 W Brown Street P&D\Pay RequestIPay-Req-rev-2.xlsx Page 2 of 7 MONTHLY PAY REQUEST Quantity Quantity Complete Total Item in Revised This Work Contract - Extended No. Description Unit Proposal Quantity Request Completed Price Amount 1-130 Phase-3 Traffic Control Devices Mo. 3 0 3 $1,629.50 $ 4,073.75 1-131 6"Ty-D Base HMAC Pvmt&Embank S.Y. 18,020 0 18,020 $39.17 $ 705,843.40 1-132 Remove 6"Ty-D Base HMAC Pvmt&Embank S.Y. 18,020 0 18,020 $2.30 $ 41,446.00 1-133 Broken White Line Traffic Buttons L.F. 17,840 0 20,500 $0.72 $ 14,760.00 1-134 Single Line Yellow Reflect Raised Pvmt Markers Ea. 3,623 0 869 $2.82 $ 2,450.58 1-135 Dbl.Line Yellow Reflect Raised Pvmt Markers Ea. 1,104 0 617 $2.82 $ 1,739.94 1-136 Turn Bay Line L.F. 1,704 0 1,748 $2.82 $ 4,929.36 1-137 12"Double White Stop Line L.F. 382 0 408 $3.30 $ 1,346.40 1-138 6"White Thermoplastic Pedestrian Cross Line L.F. 1,357 0 1,622 $1.54 $ 2,497.88 1.139 White Thermoplastic Marking"ONLY" Ea. 11 0 11 $149.00 $ 1,639.00 1-140 White Thermoplastic Mark-Straight&Turn Arrow Ea. 4 0 4 $182.00 $ 728.00 1-141 White Thermoplastic Marking-Turn Arrow Ea. 17 0 14 $138.00 $ 1,932.00 1-142 White Thermoplastic Marking-RR Crossing Ea. 2 4 0 4 $578.00 $ 2,312.00 1-143 Aluminum Signs S.F. 391 0 391 $23.10 $ 9,032.10 1-144 Small Roadside Sign Assembly(Type"A") Ea. 53 0 49 $292.00 $ 14,308.00 1-145 Small Roadside Sign Assembly(Type"A-1") Ea. 1 0 1 $292.00 $ 292.00 1-146 18"RC Pipe by Open Cut wCl-C Embed L.F. 5,013 0 5,013 $45.06 $ 225,885.78 1-147 21"RC Pipe by Open Cut wCl-C Embed L.F. 1,320 0 1,320 $53.57 $ 70,712.40 1-148 24"RC Pipe by Open Cut w'Cl-C Embed L.F. 995 0 995 $60.54 $ 60,237.30 1-149 27"RC Pipe by Open Cut w/Cl-C Embed L.F. 1,037 0 1,037 $66.98 $ 69,458.26 1-150 27"RC Pipe by Dry Bore w`42"Steel Encase L.F. 270 0 270 $582.29 $ 157,218.30 1-151 30"RC Pipe by Open Cutw'CI-C Embedment L.F. 851 0 851 $84.65 $ 72,037.15 1-152 36"RC Pipe by Open Cut w/Cl-CEmbedment L.F. 234 0 234 $112.31 $ 26,280.54 1-153 39"RC Pipe by Open Cut w/C1-C Embedment L.F. 136 0 136 $127.82 $ 17,383.52 1-154 Three 10's x 6'r RC Box Culverts w/8"Base L.F. 180 0 180 $893.00 $ 160,740.00 1-155 Parallel Wingwalls wApron(3-10'x6'Culvert) Ea. 4 0 4 $27,825.00 $ 111,300.00 1-156 Two 8's x 4'r RC Box Culverts wI 8"Base L.F. 94 0 94 $483.00 $ 45,402.00 1-157 Parallel Wingwalls wwApron(2-8'x4'Culvert) Ea. 2 0 2 $8,820.00 $ 17,640.00 I.158 C221 Traffic Rail on Culvert Parallel Wingwalls L.F. 480 0 480 $99.55 $ 47,784.00 1-159 Temporary 18"Pipe Culvert&Remove L.F. 452 0 452 $12.25 $ 5,537.00 1-160 Temporary 24"Pipe Culvert&Remove L.F. 90 0 90 $12.31 $ 1,107.90 1-161 Temporary 48"RCP Culvert&Remove L.F. 40 0 40 $23.07 $ 922.80 1-162 MBGF With Wood Posts L.F. 100 0 141 $17.00 $ 2,397.00 1-163 TxDOT Standard SGT(7)HB-03A Ea. 4 0 4 - $2,062.00 $ 8,248.00 1-164 MBGF Transition(TL2) Ea. 8 0 8 $660.00 $ 5,280.00 1-165 MBGF Terminal Anchor Section Ea. 4 0 4 $522.00 $ 2,088.00 1-166 2-Grate Inlet Ea. 1 0 1 $1,890.00 $ 1,890.00 1-167 6-ft Recessed Curb Inlet Ea. 17 0 17 $2,100.00 $ 35,700.00 1-168 6-ft Standard Curb Inlet Ea. 3 0 3 $2,100.00 $ 6,300.00 1-169 8-ft Recessed Curb Inlet Ea. 7 0 7 $2,205.00 $ 15,435.00 1-170 8-ft Standard Curb Inlet Ea. 2 0 2 $2,205.00 $ 4,410.00 1-171 10-ft Recessed Curb Inlet Ea. 13 0 13 $2,415.00 $ 31,395.00 I.172 10-ft Standard Curb Inlet Ea. 1 0 1 $2,415.00 $ 2,415.00 1-173 12-ft Recessed Curb Inlet Ea. 3 0 3 $2,730.00 $ 8,190.00 1-174 12-ft Standard Curb Inlet Ea. I 0 1 $2,730.00 $ 2,730.00 J'1CLERICAL Wylie12006-IO2 W Brown Street P&D\Pay Request\Pay-Req-rev-2 xlsx Page 3 of MONTHLY PAY REQUEST Quantity Quantity Complete Total Item in Revised This Work Contract Extended No. Description Unit Proposal Quantity Request Completed Price Amount 1-175 14-ft Standard Curb Inlet Ea. I 0 1 $3,150.00 $ 3,150.00 1-176 20-II Recessed Curb Inlet Ea. 2 I 0 1 $3,675.00 $ 3,675.00 1-177 TxDOT Type II Curb&Grate Inlet Ea. I 0 1 $2,625.00 $ 2,625.00 1-178 TxDOT Type II Curb&Grate Inlet w/2 Extensions Ea. I 0 1 $4,410.00 $ 4,410.00 1-179 TxDOT Slotted Drain L.F. 220 180 0 180 $128.05 $ 23,049.00 1-180 4'x 4'Wye Inlet With Apron Ea. 3 0 3 $1,890.00 $ 5,670.00 1-181 4-ft.or 5-ft.Ty-B Storm Sewer Manhole Ea. 24 0 20 $2,888.00 $ 57,760.00 1-182 Unclassified Channel Excavation C.Y. 2,790 0 2,790 $10.69 $ 29,825.10 1-183 Gabion Channel Lining C.Y. 454 0 454 $215.00 $ 97,610.00 1-184 Concrete Pilot Channel S.Y. 430 436 0 435 $70.88 $ 30,804.45 1-185 Reinf.Conc. Riprap(5") S.Y. 532 0 532 $56.70 $ 30,164.40 1-186 Adjust Existing 6"Water Line Ea. 3 = 0 0 $2,763.26 $ - 1-187 Adjust Existing 8"Water Line Ea. 5 0 5 $3,180.16 $ 15,900.80 1-188 Dispose of 60"R.C.C.P.Water Line L.F. 96 0 40 $22.00 $ 880.00 1-189 Plugs for 60"RCCP Water Line Ea.= 4 0 1 $250.00 $ 250.00 1-190 Dispose of Small Drainage Structures Ea. 37 0 36 $500.00 $ 18,000.00 1-191 Dispose of Large Drainage Structures Ea. 4 0 4 $1,000.00 $ 4,000.00 1-192 Sediment Control Fence L.F. 15,850 0 15,850 $1.27 $ 20,129.50 1-193 Sediment Control Fence(Remove) L.F. 15,850 0 15,850 $0.50 $ 7,925.00 1-194 Inlet Erosion Protection Device Ea. 70 0 70 $61.00 $ 4,270.00 1-195 Inlet Erosion Protection Device(Remove) Ea. 70 0 70 $11.00 $ 770.00 1-196 Rock Filter Dams(Ty-I) L.F. 180 0 180 $18.70 $ 3,366.00 1-197 Rock Filter Dams(Ty-I)(Remove) L.F. 180 0 180 $8.80 $ 1,584.00 1-198 Construction Entrance/Exit(Ty-2) S.Y. 150 0 150 $15.00 $ 2,250.00 1-199 Construction Entrance/Exit(Ty-2)(Remove) S.Y. 150 0 150 $5.00 $ 750.00 1-200 Trench Safety Systems L.F. 10,130 0 10,130 $0.50 $ 5,065.00 1-201 Business Sign Ea. 2 0 1 $500.00 $ 500.00 1-202 4"Conduit w`Detectable Tape(Irrigation) L.F. 4,050 0 4,050 $5.28 $ 21,384.00 I-203 2"Conduit w{Detectable Tape(Street Lighting) L.F. 1,142 0 670 $3.74 $ 2,505.80 1-204 2"Conduit to Casing Spacers(Street Lighting) L.F. 270 0 270 $2.86 $ 772.20 1-205 Electrical Pull Box or Hand Hole(Street Light) Ea. 3 0 0 $478.00 $ - 1-206 Storm Water Pollution Prevention Plan L.S. 1 0% 100% $1,210.00 $ 1,210.00 1-207 Remove Temporary Fencing L.F. 800 0 70 $6.60 $ 462.00 1-208 Dispose of Concrete Curb&Gutter L.F. 1,900 0 1,900 $4.75 $ 9,025.00 1-209 Project Sign Ea. 2 0 2 $401.00 $ 802.00 1-210 Owner's Contengencies Allowance L.S. 1 09 0 0% $200,000.00 $ - Subtotal: Base Bid-Schedule 1 S 6,022,667.76 I ):ICLERICALaWy[i N200t-102 W Brown Street P&D\Pay RquanWay-Re-rev-2 xtsx Page 4 of MONTHLY PAY REQUEST Quantity Quantity Complete Total Item in Revised This Work Contract Extended No. Description Unit Proposal Quantity Request Completed Price Amount BASE BID SCHEDULE NO. 2 (12"Water Line Improvements) 2.101 12"Water Line w/CI-B+Embed by Open Cut L.F. 5,335 0 5,179 $41.89 $ 216,948.31 2-102 12"Water Line w/CI-G Embed by Open Cut L.F. 60 0 20 $61.46 $ 1,229.20 2-103 12"W.L.ww24"Steel Encase&by Open L.F. 105 0 185 $116.45 $ 21,543.25 2-103A 12"W.L.w24"Steel Encase other than O.C. L.F. 225 0 225 $226.51 $ 50,964.75 2-104 6"Water Line w1CI-B Embed by Open Cut L.F. 90 0 43 $25.52 $ 1,097.36 2-105 12"Gate Valve Ea. 15 0 15 $2,295.43 $ 34,431.45 2-106 6"Gate Valve Ea. 13 0 15 $1,072.33 $ 16,084.95 2-107 4"Gate Valve Ea. 6 0 4 $890.93 $ 3,563.72 2-108 6"Blow Off Valve w.Manhole Ea. 1 0 3 $4,016.80 $ 12,050.40 2-109 3"Combination Air Release Valve w/Manhole Ea. 1 0 0 $4,566.80 $ - 2-110 Connect to Existing Water Line Ea. 4 0 5 $940.80 $ 4,704.00 2-111 Standard Fire Hydrant Assembly Ea. 13 0 13 $2,532.41 $ 32,921.33 2-112 Dispose of Existing 12"&8"Water Lines- L.S. 1 0°r'o 100% $6,690.52 $ 6,690.52 2-113 Relocate Water Meter&Transfer Water Service Ea. 10 0 24 $657.70 $ 15,784.80 2-114 New 314"Water Meter Ea. 2 0 0 $125.00 $ 2-I 15 New 1"Water Meter Ea. 2 0 0 $125.00 $ - 2-116 New 1-112 Inch Water Meter Ea. 2 0 0 $125.00 $ 2-117 3/4"Copper Water Service L.F. 60 0 0 $65.00 $ - 2-118 1"Copper Water Service L.F. 10 0 0 $94.00 $ - 2-119 1-1/2"Copper Water Service L.F. 10 0 0 $103.00 $ - 2-120 2"Copper Water Service L.F. 10 0 0 $122.00 $ 2-121 Trench Safety Systems L.F. 5,815 0 5,439 $0.50 $ 2,719.50 Subtotal: Base Bid-Schedule 2 S 420,733.54 BASE BID SCHEDULE NO. 3 (8"Sanitary Sewer Improvements,Line A) 3-101 8"PVC S.S.w/CI-H Embed by Open Cut L.F. 395 0 400 $42.49 $ 16,996.00 3-102 8"PVC S.S.w/CI-G Embed by Open Cut L.F. 10 0 0 $62.63 $ 3-103 8"Press Pipe SSw/B+Embed by Open Cut L.F. 20 0 20 $97.71 $ 1,954.20 3-104 4"PVC S.S.w/Cl-H Embed by Open Cut L.F. 55 0 55 $36.61 $ 2,013.55 3-105 Backfill Exist Sanitary Sewer Manhole Ea. 1 0 1 $556.60 $ 556.60 3-I06 Dispose of Existing Sanitary Sewer L.S. 1 0% 100% $1,042.25 $ 1,042.25 3-107 4'Diameter Sanitary Sewer Manhole Ea. 2 0 2 $2,954.69 $ 5,909.38 3-108 Connect to Existing Sanitary Sewer Ea. 1 0 1 $639.20 $ 639.20 3-109 Transfer Sanitary Sewer Services Ea. 11 0 11 $714.70 $ 7,861.70 3-110 Trench Safety Systems L.F. 480 0 , 510 $1.00 $ 510.00 'Subtotal: Base Bid-Schedule 3 $ 37,482.88 1\CLERICALWylie12oa8-102 W Brown Street P&DSPsy ReqnestSPay-Req-rev-2.x,sx Page 5 of 7 MONTHLY PAY REQUEST Quantity Quantity Complete Total Item in Revised This Work Contract Extended No. Description Unit Proposal Quantity Request Completed Price Amount BASE BID SCHEDULE NO. 4 (Traffic Signal Improvements At Westgate Way) 4-101 36"Drilled Shaft for Traffic Signal Pole L.F. 52 0 52 $209.00 $ 10,868.00 4-102 2"(Sch 40)PVC Conduit By Open Cut L.F. 30 0 60 $8.80 $ 528.00 4-103 3"(Sch 40)PVC Conduit By Open Cut L.F. 240 0 240 $9.90 $ 2,376.00 4-104 3"(Sch 40)PVC Conduit By Boring L.F. 250 0 250 $19.80 $ =4,950.00 4-105 Electric Conductor(#6)Bare L.F. 520 0 520 $1.10 $ 572.00 4-106 Electric Conductor(#6)Insulated- L.F. 60 0 60 $1.10 $ 66.00 4-107 Electric Conductor(#8)Insulated L.F. 820 0 820 $1.10 $ 902.00 4-108 Ground Box Ty C(162911)w„Apron Ea 7 0 4 $770.00 $ 3,080.00 4-109 Elect Service Ty D Ea. 1 0 1 $5,500.00 $ 5,500.00 4-110 Hwy Traffic Signal(Isolated) Ea. I 0 1 $22,000.00 $ 22,000.00 4-111 Backplates(3 Sec)(12") Ea. 6 0 6 $93.50 $ 561.00 4-112 Backplates(5 Sec)(12") Ea. 4 0 4 $103.50 $ 414.00 4-113 Ped Sig Sec(12")LED(2 Indic)(Countdown) Ea. 8 0 8 $550.00 $ 4,400.00 4-114 VEH SIG SEC(12")LED(GRN)(ARW) Ea. 4 0 4 $264.00 $ 1,056.00 4-115 VEH SIG SEC(12")LED(GRN) Ea. 10 0 10 $264.00 $ 2,640.00 4-116 VEH SIG SEC(12")LED(YEL)(ARW) Ea. 4 0 4 $264.00 $ 1,056.00 4-117 VEH SIG SEC(12")LED(YEL) Ea. 10 0 10 $264.00 $ 2,640.00 4-118 VEH SIG SEC(12")LED(RED) Ea. 10 0 10 $264.00 $ 2,640.00 4-119 TRF SIG CBL(A)(12 AWG)(20 CONDR) L.F. 550 - 0 550 $3.30 $ 1,815.00 4-120 TRF SIG CBL(A)(14 AWG)(5 CONDR) L.F. 344 0 344 $1.10 $ 378.40 4-121 TRF SIG CBL(A)(14 AWG)(7 CONDR) L.F. 232 0 232 $3.30 $ 765.60 4-122 INS TRF SIG PL AM(S) 1 ARM(36') Ea. 1 0 1 $5,040.00 $ 5,040.00 4-123 INS TRF SIG PL AM(S) 1 ARM(36')LUM Ea. 2 0 2 $5,720.00 $ 11,440.00 4-124 INS TRF SIG PL AM(S)1 ARM(44')LUM Ea. 1 0 1 $6,710.00 $ 6,710.00 4-125 PED DETECT(2"Pushbutton) Ea. 8 0 9 $165.00 $ 1,485.00 4-126 Spread Spectrum Radio Ea. 1 0 1 $2,750.00 $ 2,750.00 4-127 Coaxial Cable L.F. 65 0 65 $3.30 $ 214.50 4-128 Antenna(Unidirectional) Ea 1 0 1 $550.00 $ 550.00 4-129 VIVDS Processor System Ea. 1 0 1 $7,994.00 $ 7,994.00 4-130 VIVDS Camera Assembly Ea. 4 0 4 $2,283.00 $ 9,132.00 4-I31 VIVDS Set Up System Ea. 1 0 1 $220.00 $ 220.00 4-132 VIVDS Communication Cable L.F. 758 0 758 $1.65 $ 1,250.70 4-133 Battery Back-up System for Signal Cabinets Ea. 1 0 1 $6,050.00 $ 6,050.00 4-134 Unidirectional Opticom Detector Ea. 4 0 4 $770.00 $ 3,080.00 4-135 Phase Selector(Type 754) Ea. 1 0 1 $3,300.00 $ 3,300.00 4-136 Opticom Detector Cable L.F. 725 0 725 $1.10 $ 797.50 I60bt0l1 Base Bid-Schedule 4 $ 129,221.70 I'.CLERICALVWyiieti2O0s-i02 W Brown street P&DSPay RequestlPay-Req-rcv-2.xisx Page 6 of 7 MONTHLY PAY REQUEST _ Quantity Quantity Complete Total Item in Revised This Work Contract Extended No. Description Unit Proposal Quantity Request Completed Price Amount ALTERNATE BID SCHEDULE NO. lA (Alley Paving&Sanitary Sewer Improvements) IA-101 Right-of-Way Sta. 4 6.3 0 6.3 $547.69 $ 3,450.45 IA-102 Dispose of Reinf Cone Pavement or Walk S.Y. 60 434.0 0 434.0 $7.66 $ 3,324.44 1A-103 Dispose of Asphaltic Concrete Pavement S.Y. 60 0 60 $5.00 $ 300.00 1A-104 Saw-Cut Conc Pavement L.F. 126 174.4 0 174.4 $1.38 $ 240.67 1A-105 Unclassified Street Excavation C.Y. 90 0 90 $12.57 $ 1,131.30 1A-106 Topsoil(4") S.Y. 335 0 335 $3.04 $ 1,018.40 1A-107 Solid Block Sod Bermuda S.Y. 360 0 360 $2.50 $ 900.00 1A-108 6"Reinf.Conc.Alley Pavement S.Y. 456 293.0 0 338.4 $40.64 $ 13,752.58 1A-109 6"Reinf Conc.Driveway S.Y. 52 0 38 $51.47 $ 1,955.86 1A-I 10 Undercut Street Header at Street Pvmt L.F. 31 0 0 $7.53 $ - 1A-11 l 8"SS wCl-H Embed by Open Cut L.F. 337 0 337 $43.86 $ 14,780.82 1A-112 4"SS w/CI-H Embed by Open Cut L.F. 99 0 99 $44.97 $ 4,452.03 1A-113 Adjust SS Manhole Frame&Cover to Grade Ea. 1 0 0 $150.00 $ IA-I 14 Remove Sanitary Sewer Manhole Ea. 1 0 0 $500.00 $ - IA-115 Dispose of Existing Sanitary Sewer Ea. 337 0 337 $9.96 $ 3,356.52 1A-116 4'Dia.Sanitary Sewer Manhole Ea. 1 0 0 $3,275.18 $ - 1A-I 17 Connect to Existing Sanitary Sewer Ea. 2 0 2 $785.25 $ 1,570.50 1A-118 Transfer Sanitary Sewer Services Ea. 10 0 10 $859.20 $ 8,592.00 1A-119 Trench Safety Systems L.F. 436 0 436 $2.00 $ 872.00 IA-120 Construct Embankment For Alley C.Y. 0 60 0 60 $15.00 $ 900.00 'Subtotal: Alternate Bid-Schedule IA) $ 60,597.57 ALTERNATE BID SCHEDULE NO. 2A (Brick Screening Wall) 2A-101 Dispose of Brick Screening Wall,etc. L.F. 566 0 566 $11.00 $ 6,226.00 2A-102 Thin Brick Screening Wall L.F. 574 0 577 $65.00 $ 37,505.00 Subtotal: Alternate Bid-Schedule 2A $ 43,731.00 ALTERNATE BID SCHEDULE NO. 3A (Landscape&Irrigation Improvements) 3A-101 Landscaping Improvements L.S. 1 0% 100% $94,222.70 $ 94,222.70 3A-102 Reduce Quantity Block Sod Bermuda Grass S.Y. (5,490) 0 (5,490) $1.75 $ (9,607.50) 3A-103 Irrigation Systems L.S. 1 0% 100% $139,617.00 $ 139,617.00 Subtotal: Alternate Bid-Schedule 3A $ 224,232.20 11CLERICALy:Wylie12008•102 W Brown Strom P&D4Pay RequesiTsy-Req-rev-2.xlsz Page 7 of MONTHLY PAY REQUEST Quantity Quantity Complete- Total Item in Revised This Work Contract Extended No. Description Unit Proposal Quantity Request Completed Price Amount ALTERNATE BID SCHEDULE NO. 4A (Street Illumination Improvements) 4A-101 2"Conduit w/Detect Tape&Pull String L.F. 7,900 0 9,049 $5.50 $ 49,769.50 4A-102 Street Light Foundation for 30'Pole Ea. 33 0 33 $880.00 $ 29,040.00 4A-103 Street Light Foundation for 14'Pole Ea. 13 0 14 $770.00 $ 10,780.00 Subtotal: Alternate Bid-Schedule 4A $ 89,589.50 1-210 Owner's Contingency Allowance Breakdown(Maximum$200,000) la. R.R.Flagging&Observation Services(Max.$27,000) 0.000°4 100.000°4 $27,000.00 $ 27,000.00 2a. Additional 8-inch Water Line L.F. 565 0 732 $33.74 $ 24,697.68 2b. 8-inch Gate Valve Ea. 3 0 5 $1,395.00 $ 6,975.00 2-110A Connect to Existing Water Line Ea. 2 0 3 $940.80 $ 2,822.40 2-111A Furnish&:Install Std.Fire Hydrant Assembly Ea. 2 0 2 $2,532.41 $ 5,064.82 Cut,Plug and Abandon or Remove 2-1 I2A and Dispose of Existing 12"and 8" L.F. 773 0 0 $2.23 $ 2-113A Relocate Water Meter&Transfer Services- Ea. I 1 0 11 $657.70 $ 7,234.70 2-117A 3/4-inch Water Services L.F. 310 0 65 $65.00 $ 4,225.00 Design&Provide Trench Safety 2-I21A Systems(WL) L.F. 712 0 732 $0.50 $ 366.00 1-146A Remove&Replace 18"RCP St.Sewer L.F. 12 0 0 $45.06 $ 1-149A Remove&Replace 27"RCP St.Sewer L.F. 24 0 0 $66.98 $ Design&Provide Trench Safety 1-200A Systems(St.Sew.) L.F. 36 0 18 $0.50 $ 9.00 2A-IO2 Additional Brick Screening Wall L.F. 215 0 215 $110.55 $ 23,768.25 1-157A Parallel Wingwall CH-PW-0(2-48"RCP) L.S." 1 0 I $4,855.00 i$ 4,855.00 1-I87A Adjust Water Meter Box&Cover L.S. 1 0 I $700.00 ; $ 700.00 [Subtotal:Owner's Contingency Items $ 107,717.85 Prepared and Recommended by: BIRKHOFF,HENDRICKS&CARTER,L.L.P. Total Amount $ 7,135,974.00 Professional Engineers,Dallas,Texas Less Amount Retained 0°o $ - By: 24-Mar-14 J R.Carter,P.E. Date Total Amount Payable $ 7,135,974.00 Submitted by: McMahon Contracting,L.P.(Contractor) Less Previous Payments $ 6,779,175.30 By: Date Amount Due This Request S 356,798.70 Approved by: City of Wylie(Owner) By: Date 7 6CLERICAL'Wydie12068-102 W Brown Srtal P&D1Pay Requesm\Pay-Req-rev-2.Aix Wylie City Council zwietire t �g .0.w fi AGENDA REPORT Meeting Date: April 22, 2014 Item Number: G Department: Planning (City Secretary's Use Only) Prepared By: Renae' 011ie Account Code: Date Prepared: April 16, 2014 Budgeted Amount: Exhibits: 3 Subject Consider, and act upon, approval of a Final Plat for Woodbridge Phase 16, consisting of 25.803 acres for 111 single family residential lots and 5 HOA open space lots, generally located north of Sachse Road at Creek Crossing Drive. Recommendation Motion to approve, a Final Plat for Woodbridge Phase 16, consisting of 25.803 acres for 111 single family residential lots and 5 HOA open space lots, generally located north of Sachse Road at Creek Crossing Drive. Discussion Owner: Woodbridge XVII,Ltd. Surveyor: North Texas Surveying,LLC The property totals 25.803 acres and will create 111 single-family residential lots and five open space lots owned and maintained by the HOA. The subject property is part of the larger mixed use Woodbridge Planned Development (PD 98-15), which consists of Single-Family Residential of varying densities, Multifamily Residential, a Golf Course, Parks, Commercial, a School Site, and Common Open Spaces. The subject property confoitus to the Preliminary Plat approved in November 2012 and the Planned Development District. The Plat also dedicates the necessary rights-of-way and utility easements. P&Z Commission Discussion The Commission recommends approval 7-0 subject to additions and/or alterations to the engineering plans as required by the Engineering Department. (Rev 01/2014) Page 1 of 1 _ A �� / / \ 30' Sanitary // V �. __. A Sewer Easement .S Vol. 4255, Pg. 850, ."`S o / » V DR.GC.T, y0 / FINAL PLAT - FOR INSPECTION PURPOSES ONLY" Vol. 98184. Pg. 2303, o� / WOODBRIDGE �� /�� Lot 18 PHASE lOD / Vol 2006, Pg. 590,r \ t4 1 _. M Rr3<`3L Data \-- Curve No. Radius Arc Length n CurveD to Chrd. Brag. Chrd Ulst Delta Cl 125 00' 94.87' 43°29'06 N22°45 8 E 92 61' WOODBRIDGE GOLF CLUB F Remo nder of BLOCK Q r Vol I , P 246, , o W a Lot 19 02 150 00 113 84' 43 29°06 N22°45 03 E 111 13 4 _ / i e �a Called 8919h Acres / _ _C4 525.00 81C._. _. _ ___ M RC C i I h 2' 43°29'06 N22°45 8'E 129 65 Vol 99138, Pg. 84, `yh `ra A .¢� ' Woodbridge Properties, LLC • C0S 500475 00'- _._7_.72' 00 53'04 N45 i 4 05 E 7 72' M R.D.C. as a�ae "e \ ��I - �L` \ 2� Vol. 4062,( C T. 1561. \ \\ Lot 20 5 / 0 4 N4 '14 C5'E 7.33' 9 j y CY 15000' 2�35.62 OOO Oi N89'1923 W 91213__ V �� xA 08 175.00' 274.89' 00°00 Ct N89°19 23 W 247 40 °Z`:� . - w \ r 09 200 0' 314.16' 90 00 Ci N89`19 23 .. _ 282 84 _ '�Sti9Qr�(01' / �� o5�w°'V 10 225 66.45' 16 55 20 037°12 57 W 66 21 ' C12 175 00 o .. ___ C13 525 �0 4 83' 05 26 0 S37°19 57'W 58 8S GRAPHIC SCALE 5r` d @ o eF"_ �2 p,� eV� 8 �� \ C WD r"vY`°q'66 W _ 5 - 7' 1655'2 051_69' 1041'15 N341257'W - 51 5 o a 5 Sp -1ty'(;) 4 n�, 88 60 153 56 50 0 25 50 too zoo 6 V \ 0 o n 43 73'F _ 49 81 a o 0� �'y in 1 act C1 5 0 ' 60 3 SC,;05 55'E 9313 /SV°a/ / o +) 4. \ C15 50 .00' 10 41'15 N34°05 55'E 88 47 - Z se - 4, z, �l'' CO C1010 50 00' 142.99' 163'51'01 SB.,.39 28'E 97 43' ( IN FEET ) / V / Shaded one Xi o c 'tee 1 \\ _._._ _ 1 inch = 50 ft. - -_..� 'W9� N4.4 9°16 C8'F 99.01' •e / �,m \ 1M > �L o` 2 �' \ Remainder of 30P /,--2 1y/ o t Called 159 i78 acres Called ge Acres / 0 s33 , \\ Woodbridge Properties, LI..0 `� Woodbridge XVII, Ltd. N N A 7 / % )' A Vol 3898 Pg. 649, / -- -' Document No. 31 •N 'Y8 V D.R-GC ( and in 201200377425,-- 9p5 yj / i6 S3eo� A Vol. 97081 Pe. 4336, 6 603, H�ilidln9 G 'y x yr. A I)R D.C.T. WOODBRIDGE GOLF CLUB / A �� P 7`' � ne ,y6 ' / LZ' A hM Vol. t Pc, 246. io 2.5' Waif and ]Ss 6s 33.3<' ,r064 3 \\ �i 3/ / ou 1 Vol 99138, Pg. 84. 8 n Wag Maintenance / 30A0' 91 M Fosement `b -S '62.. A M.R.L.C,T. ° r n 30' Sanitary N38 5404E / �OCX - _. 30 _ 34 s eat 398.4T- �q Sewer Eases $ aso. �� I� �'S , „in may. ¢ ' Vol. 42c5 pp. I , , Rad'ae 69 e \ j4°� D.R.cc ii / m' rB 3 M 50 d 290. . �43r� F 2303, / 5/8 C1RF. O Vol. 98184, a. "7` 6 o al 28 = N38'OS'11"E 25.00'--- r -+ ' D.R.D.C.T. 5/0' GLR.F, _ PH (C.M.) Q 393.68'_ -- 4� 27 -_ __ _ 6 25 99' N41"26'S2"E_ _ 50-DO ' r J� N4540 38 E 102.20C. 454038E 12)R.0 36 a m Y N ... 7W S. L "V�,�sa p D�aH;.. `4 _ -- _ 50.00' __ Ng4'12'44�W '� �2.18 _. m "� r' J m '' w0� n Ip• p'Bye a`y \\ wra N 5 m • w`,- 35 m E„, Oft . of at 2s ----- --o q i / m O / 'd (t eat Nh -.>\�1 I Iv.eo' So-os' *r - - - `O 1 x 15 37 m w - 15' BudngL' � � Building 0 Srp \ O W O, O S R `\� Hul 'ne 'Oo/ _ -\ --Zs- a �. .. --26 ,o N _ ,5. 'o o. \ -_ \ 2 \ 0. 0_ ``. O 24-� w 7• 16 07' 33.79' 151.55' 90.76' 42.48' �� x $5', \ one9 Heritage� V 6 4V Do fo. A 1m S I. 19 m > a 22 a y iml, m- �i 7 Z 4m-010 N45'4G'3J"F 5545'403] E 326.10a 94 q4 ,37 P \ �J6r JO m o m �" ai16Vn9 3 o z 9 �e o�t w� 0 21 / _ s 10' uc111ty �'' zd s / a7 g6 N .tiMv , x t/z ►....�,...........0 ° 2'23'r eem _ 1 z1o3s entage Lane _ ns. � oti 39 rd �. ° 137�.._ ��.� E-... tho. ho 29a.'a �O s �( vv :20. e. o. N�. 76' I ea \ en+ "of we f So `.sad a' _ _ 9S - 28. 3 k' �� ody 6:S. 0 `1-1 \ �,... \ \ \ 12-- aaM op '')-----/ �- °' -- W 59.87 15 2g 45 EST 30 G12 _ ry N45'40'37"E 326.10' - 84 ,1 aV A9/p t/z� FRS 89 �~-~-~__ -. . SO.OG' C N/1T' 31.91' °. 0T s. \ O p i 37ES-_ - 2$' _ 9' 50. .00 22 5 \, 09 S> \ 48_80 _ 5090' ' N - 51.6 ._ __ _- - - 00 _._._ _- - pap p N \ 196 6u J0.00 .5 \ \p1 539'2� W 4 - 50 jre �\ �" 40 ,330 /0J. _� I 66'4 rldinB C<ne o i �� or, Lot 55 ��s/ �. o05 _- 5 d a o 0 0 0 oo A CB,. COMMON AREA / A 9 ' 632 _ ___ _ o o O o o m. 120' p ma 16 � V - -21.33 12 vi s o 15 0 0 0 0 � o �� _ 's 6 OPEN SPACE Coiled 1.422 Acres ro / S84'0713 W G13 n _ - a - o �s p2 13 V m I 49.a3 f N o - N N Y� Ggo6 $LOCK V°� (To Be Deeded to HOA) Woodbridge�mert VNo <d- ;7g 68' _ _ d �a 13 °i N I4 a 16 17 3 18 3 19 0 V N cr A 50 o g6.48' 2S Wall and o 0 IH 0 20 201200$77�c, _- oytMe 1'7.20 _ - _ -- - Easement .N ° `r 'c°v N ± 61 0 A < 41 "' o A l f, r. al Wall Maintenance miO• A 97 - O R Line 58925'52'W m m puff d'n9 . S45'4]'15"W 120.10' l5 1878 u: N45'4037 E 120.00I ' 'cy o ° @ v Q� N3551'43"E r" A P 2, �I 10' meat th 0 O 2 W Z 2xt Z �2>.OG - O o 25 Wofl and A Easement 4 _ N44'47'32"E 601-08' e �-V ,}/ 25.00' I 25.D0' m- t cal 3 D 11 �Walf Easement �� `$�I 50.00' \50.0G" 5Q0G' S0-00' 50DG' '1 e b i° _ - -. _ _- - ____. ____. .__. 38.30 n000•......- 49.83 b/o° 0p O N , \ � � \ COG b9' ti/ 1- O I o .a i do D V1 N N45 k03]"E 116.62 50.00' 50.00' 50.00' 50.00' 50.00' 50.00' 50.00' 645'403YF 121.21' I go 2.S' Wall N459037"E 120.00 �� 1 w ��ra ode a°e °No 0 o CK D 'C 64590'37"E 120.00' BLOCK C o and Wall yr/y, may, s4e�.T1s'w 1 a.ro' ry y _ gL0 0 BL a . Maintenance o vo o b / �" a o °' O o `- b o b o b o b �b a p m rn W Easement o 0 0. 0 / I o Q, o f CCS a o ° 2 0o m 5 - uM'i 'J "' o to m 10 00 0 o d N o 21 25.00' 25.00• ro �N ha o to 0 0 \ n n 2-')) WOODH GE 9 O9 F�C B o G N 3 y CO o `m $ °N' - " 42 43 44 45 3 46 } x47 48 3 49 U 16 a Vol. L, P 24b, / "' �S+G a 'm a b /� N 3 g 2 N4540'37"E 12255" o 3 5 0 In A\ Vol.199138 CP 4, I o v' O WaIISM Wag and aintenar Maintenance M I� N45'40'37"E 120.00' m N 10' Utility N� o o °i "' E' -DC !"Nir N 4540'37E 116.71' N45'40'3]'E 120.00' ', :, 8 3 7 3 6 5 4 3 Zn FF��11 cc3 N �,r . '� �+ ct M.R.D.C.T. ��o S45'4]'15"W 120.10' cd z W Easement o,0 6 too a 20 Bu ldm Line Ease colt �0 1 'a m ° m n ___- �_ -_ � -. 9. "If' -_ ctyp �l015 n gy • __ __ - "' _ 2G t3umn9 __ ___ n N� 0 15 ,iltl n9 lira `O e 15 Building rg Line g 15 Building Line r� th - --- -- _ -_ _ -__ - O "' - __ 116.83' _ J L- ___... __... _. _ _ _0 - _ _ _- - _ _- 50.00 O.0 SO.OD aP. N m \ 120.00' _ d' 60.00 50.00 7_8.71' 50.00 50.00' ,z� 5 - 120.00' SO_00' S0=S45'40'31'W 50.00' 50.00' 50.00' 50.00' 50.00' S4 a'4037'W 172_55' m S45'40 37"W 125 79' ^6 5 \0�ut V 20 S45'4T19"W 11079' j 0'a 's S45'403'Y"W 236.83' o 592_55 a 544'4732'W 578.15' , � �0 cp \ o W / 28 __ _. ._ _ ._ -_ - _- 1 m i 345'40 37 W 286.88 vi N _ _ ___ _. _. .____ S45'40'37"W 647 55 - - __. _ ___ _ - _ - 150./9' ._ _ a _- S49'4/'37' 5 8. Mc A rJ 0 o S45'40'3/ W 630.73' 22.0' T 22.0' 245'40'37"W 449.49' Hogue Lane C5 G \hL \ \ c -N0044'19 F: 21.23' Hogue Lane o VSGllity,Triongie--\� Il L N44'4 32"h 578.41' 14 z� �" 1 vi N 24540'37"W 424.49' C4 I Po 0 SA5'4G'37"W 560.69' __. - _ __ .- __ __... _ .__ _ _- - - - .- _- _- - - - - ra' \3490 5 50.00' 50.00' 50.00 50.00' g 50.00 50.00' 50.00' 50.00' 50.00' 50.00` 60.00 -r6C.00' 50.00' "v r2 0.00' SG.GO' �8.10' 28.4`i' S0.00'7 50.00' S00G' (N50-OG' 50.0"� \ co la d \ 4620 Building line Q00 O.GO a0.00 000 0 [3wldtn9 Lne --- 14.49 ._..4 _ _,_, _, -- __DO' _.._.._ ._._._ � 5 .Q i0 Gt'I ty )` doI -1 _. .____ --- 99 Utility - - o ;n b fn b y O b O Easement b o b 0 b o o b I� ci o 0 0 6 0 o 0 b o b b Fosement O 'o O N 6 N 19 <7 U O O O O O O O O \ ( Z'rr� • o o (typical)Yt o 0 0 0 0 o o O o o 0 0 0 0 (tyPiwl) o N ru o N N fi - N Nhi ti 13 12 ll LO 9 8 7 6 5 4 3 2 1 mi N 4 20 19 ,,, 18 17 , 16 w 15 m 14 13 , , 12 u, 11 w 10 w 9 w 8 w 7 _� p.i yi w m 3i w w w w c w m =" w V] CC ry "� cc '� N '� N '� N N `r W N N m N m N m N N N bi N IN 8, rx 25 Wall and o 122 'v Tr 9r :r a 'v 9r v 6- v vo MT'l m v Lr v -9 v 9r v -9 1° 2 to O Wall Maintenance m v 0 vmi s omi W m h 1n vi .n m m o m N to v P '° N m m m m �r a �r I � Easement- BLOCK B O I O BLOCK A 7]_26__- 3725' _ /6 60_ __ . ._ 50.00_ _5i104... _. .___. _50 00' S0 Op_- .__ __. -.59.94' 50.00' _50.000' _ _50.00 50.00'. 50.000 ._60_00/� So1OC' w60 OG' .___ - 50.00 _50AQ___ - - 5�.0J __ -_50.00 __ ._ _-50.00' _ �0.p4 -___. ._ _50.00' _ 18.99� 33.86' 5200'_. . ___ sane: .__ 5a.f10_ .__ - .Sp.00' __I 1 5/8" Cfxe. - ---- ----- ---- S45°40'37"W - --�� 1230.10' \ _---- s/x at.R.e. S44°5T58"W 338.72' PB9J' (C.uJ 22.0' x 220' 2.5' Wall and NELSON" �88� Visibility and Wall Maintenance Landscape 1'riongle Easement North Texas State Plane Coordinates Saehse Road FINAL PLAT _ N=7,045.108.25 l7 11 1�„../ / E=2,565,221.38 (variable width right-of-way) WOODBRID/'`)TE / PHASE SIXTEEN / /- - - - -- - - -- - - -- ---- -- ---- - ---- - --- - f - -- -- -- - ---- -- --- - -- - -- - -7 - -- - -- - - - -- - -- - -- - - - -- -- -- - -- -- -- the I / Ill RESIDENTIAL LOTS 25.803 Acres Situated in Approximate ctorol Location onln / CAI I I (pictord purposes only) ra 2- Jorge CI Richard Newman Survey - Abstract No. 660 / co 7u Perry W. Kinnard Doc. No. 0 I Lary C. Martinez c 0 / Y ,F Vol. 97153, Pg, 2061, / Michael T. Posong 20t200159098. City of Wylie, Collin County, Texas Ernerst C. Castillo and Johnny N. Martinez and wife, Vol. 83203, Pg. 2560, C- :h. D.R.D.C,T, Vol. 2004141, Pg. 9931, 0.P.R.D.C.T. Louise M. Castillo - JosephineneCC. Martinez / Cityof Wylie, DallasCounty, Texas Vol. 87004 Pg. 4522, Vol. 2003013, Pg. 1499, o4O^p 0' 19-R-D_C% y f>,R.t (,r, I)R D C-T_ p.`5�� / I SHEET NO. 1 OF 3 Z Dated: 08/21/2012 , 4 Revised: 01/21/2013 Scale: 1" = 50' 0 Revised: 08/14/2013 I "FINAL PLAT — FOR INSPECTION PURPOSES ONLY" Curve Easement Curve Data Boundary Line Data Cu C2 Na i C Radius00' A 113.84'94.87'Length Lelta Chrd Prng. Chrd. List. B(2 N73 b858"E 28.88' C 43'29'06" N2245 8"E 9261' I BL3 A9 43'_9'06 ' NLL A5 OS"E 111.13' 00 L 33.34' K�� C3 175.00' 1328E 43'29'06 ' N2249 8"E 129.65' BL4 N47•L9 1 E 13.54' Area Table C4 525.00' 8.10' 00'S3'OA N4514 05"E 8.10' 4" 41 E 15.50' __ Block Lot No. Squarea0 Feet I .e4C5 500 00CC'S304 N4514 OSE 7.72 Area Table� C6 475 00 7.33 00'S3'OA" N4514 05,E 7-33' Block Lot Na. Square Feet BL5 S h 29'41"W 15.50' • �> C7 i5C 00' 235.62' 90'00 Ci N89'19'23 W 212.13' A '�.( V C8 175.00' 274.89' 90'00 C1 ' N89'19'23 W 247.4.9' 7 8 0 6,000 o Cl.,10 225.00' 66.47' 16'5520" S37'12'57"W 66.21' Curve No Radius Arc LenBounder Curve tatrta Chrd Bridle__ Chrd. Dist. Common,,,,Area 1 70020 9 6,000 C9 L00 00' 314.16' 90'OO Ci" N89'19'23'W 2828A' O 0 0,000 I 0 /// LOCK 4BC2 3000 .>4.09 034403 1'30" 5433818 h. .r408 7,033 11 6,000 \ BC1 a / B @ C14 500.00' 93.27' O10'416115" N34 05 55 E 93.113' 6C4 100 00 82 38 4/17 00' N844'29 011)W 79 07' 5 7 76b C12 775.00 51.69' 16'S5 20 S3T12 57 W 57.50 00 00 82-07 47 0 --- 12 8,323 514 --644'37287W 91 71 -- '-'----- """ -- SOOT 5 6 /68 13 6,000 Lot 21 C15 475.00' 88.60' 10'41 15" N34 05 55"E 88.47' 6 6,047 14 6,000 5 134..347 153'5 97.43' 8 / Lot 22 / 1.) Be CENTRAL based ontheControl Monument(s) CM 2, to 3,System 4 and CM 5, were used PLAIN, this 9 6,024 OCO C17 SO.00' 14299' 163'S61'01�" S89 76 �8'E 99.01' iNaorin s are based the Cityof Wylie Coordinate S stem (NAD-83 TX STATE 1C 6,Oi a NO TH C CM 6, / Lot ?3631 16 0,000 WOODBRIDGE / 17 6,000 / PHASE LOD / / _ 6 18 6,000 Vol. 2006, Pg. 590, 11 ---- 6,009 19 6,020 •pb 2.) All lots comply with the minimum zoning requirements for the City of Wylie, Collin County, 20 `1 09 7 b / Texas. 17 6,000 i / / �' / Lot 24 ) ) ii \ ( 3.) Selling a portion of this addition by metes and bounds is a violation of city ordinance and 13 6,D00 21 6,119 0 / / , '/ state law, and is subject to withholding of utilities and building permits. 14 6,000 D 1 7,006 i ( Lot 13 / 1 / _ _ t \ 4.) The Common Areas shown on this plat are to be owned and maintained by the Home 15 6,000 2 5,833 / N6j ' ( _ ( ( Owners Association. 6 6,000 3 /,561 I Cv,2 1 010,33.,E �,a JS��, I I '1 / 5.) According to {he Flood Insurance Rat© Map of papas County, Texas, Map No. 48113CD235J 1Y 6000 4 8,672 F,y 5 r Mop Revised August 23. 2001, the heron described property is located im Zone `( described rr'',, •gR4:R.p 49 c,IRp, I - - -_____ i Lot 24 ( by said mop to be, "areas determined to be outside the 500-year flood plain), and in Shaded 18 6,000 5 6,638 �"' o �, �\ �� flood; no base flood elevations determined", lai Flood Hazard Areas inundated by by cr 19 6000 6 7,200 I pre Zone X', described bysaid mapto be, 'Special -- 2 7,200 0o ,� and also in Shaded Zone 'AE', described by said �� T map to be. "Special Flood Hazard Areas inundated by 100-Year flood- based flood elevations 0 HN kic - Lot 14 CD t'- - ----- _ -__ _ determined - Based Flood Elevation determined to be approximately 470.5- B 1 7,200 Common Area 1 4,876 9 I � 2 6,000 N88°09'41"W z `" WOOD RIDGE \ s s o00 2 7,000 g .. � 58.38' U I Lot 26 PHASE s 3 7,000 C-1 UI O I - - - -- Vol. 0, Rd. 312, 4 6,000 4 7,721 Remainder of o x'i I M.R.C.�.T. 4 Lot 28 \ 5 6,000 5 9,423 Called 159_328 Acres ✓ I 6/e" __ __ __ 6 8,197 Woodbridge Properties, LLC �� g CZ +> 0 c.I.R.F. i� ---IN 6 6 C00 Vol 3898, Pg. 649, W 6 "xea" _ ' xa 0 a 5 per„CFC O i Lot $yOCK A \ L.ot ?.6 (\1 L.ot 27 -._.._.._. 9 _____ 6,0000C 7 6,755 D. N I D.R.C.C.T. and in m ��Iy.� ---- 9 6,2528 C 97081, P . 4 O ( — \ 8D 6,000 g yOD Voi R.D.C. D_C-T. o ,7 /2" I. . SAO r�i -,a,Ce77.Y1gAt'h `"' o I I 1 IILOCK C 11 tl tDGH ;Di f _ 0ommon reo13 9,4.„,� 6,00 5 80/ 6,802 00 I ^ qg^;Y,3`a'46 6i 1"*C'` / V I teal COPEN SPACE: 15 et unit 312 COMMON AREA Y'��QJ 14 8,847 i2 6,00000 cytCc`l" Lot 16 / 49 ,,... 13 6,0 ary 4 Lot 16 Sew ent 2,23,E / N g `� 15 5,881 �I33.34' `Sr 5 e x EL PEN SPACE 005 I 1 C — / s_ .�,N55°5-341_ 191 Z L 01 \ -- -- -- — a 815 E 4 , ir M� I & 2 N 6 s oar I m021 �0�.._ i n 3 BC3 yf 85 o,E 3 —--- _ N - _ ` 19 n,2S I W c �� 4.ag7 NZI° Xy BLOCK H Lot z 2e 7,369 rh _ BC2 sat?. -.- 21 5,669 Vicinity Mt] LA) I O� 4± = C0MM0N1 AREA Sewer Easement-- ditary Lu '1°' \1fjk-4 � \ /`\o-o'U Shot, y°/ / / 22 5,696 (no o scale) 'J �, a la° &+ 7'I 01'EN SPACE "I°im 8' o� °� ?o ' 23 5,720 o °c I (To Be Deeded to BOA) prtOi /os 3�0 �\ o9e J- .. ' .a ° -- Point For Corner H t a% N_� `?. V .o oSe 24 6 461 nl°nis 3cm ' In ,Drarnage Ditch N47.'S6'i9"W 62.56' m � ' CO/ 9 se del 26 6,t97 r°' __ I OCTC arm ca �i me (Typical) a�, • '3e` , , 25 7,t 79 i7 N 44'4T32"E 60L08' 'x� I 6/e" ctR.F. m Cn < R Q 50.00' 1 3 a III S44'29'41"W 20C.00' 0' CO Let (0 _ Eimi- • 5C.00' 50.00' 50.00' SQ00' 50.00' ° 5C.Oa' ` ra clen 75' Drainage `wo mm° NA.� 7o o Martin " w. 50.00' 50.00' 50.00' g 0f'E A$ mm m & r` Easement W. N Sp CEg \ 28 S,a04 High/mid Rid Colonial / gyocK a o 6ct to o to „15 � ` 1 W 1 1 �� No cD N ad o V'�S cx o S� �� ° \ 30 00,089 .� i - �sl ._.. _ v v e32 49 3 50 51 52 03 14 13 - 12 to sue_ A - 11,195 _ 95 ro a r N 54 3 iM , �^ n M M iC eLlent f OD E7/ `�/Ok eA?g'. oe oP\4 \� '/ 34 10.965 '-. ._..1. } lJ� °mr r 3a A ° o °� n 0 ''S o. 65 1Q0 CD N �, ry W o o ,n ,6 iu w 7' .�- 0 �, t` y� m 'n E°s cal) z �e� \" `' _ �- w _ z 10' Utility in Er "t a Q� re,' z z z Ct`IP' 'o o°/ ( \ 6 85 _ N z z Easement z z z z - a< L' at 5/e" - z p 9 �. c (tyPJcai) �q�' OI ca.R.e. " N 20' Building Line -- _. . yam/ FmBSM H�dO. "t�w ' 36 7,88C _ .p�,p�pp�� _. Z 20' Building Line __ __ "i o N Ken" -____ - .- 1.99'.._ _ G 0a 0� A 'YM 5 0 o c as tp D � `ew �� 65 -- - ""- -- - -- 49.44' m �-+ SO-00' S0.00' 4&Cf \ 500 a a � �� h� 'G w 8 �O 4� State Plane North s Coordinates 7 co a' 90.00' S000' S fl Ci.a.F. K A - - N44'2941"E 149J6'--,-_ m AW 26.: 00 0 �� E= 56 n, 224 Easement 38 1,815 / CJti�� S44'47 32'W 578.15' BLS c N.P. D D Z 046.908.28 l' t KH 0.la. 7 N __644 47'320N 578.28' - _- -__- _ _ .�( _ 69 6 849 co i6/fl, o y� G+� Art.°i/ 41 6 f4189 1. _ 4 o CIR.F. hi l� - 1- . . _ 4 VOC M .. BL4 "KRA" N44-29'41"E 149.76' `� _ 90 . �4c. 0 OI FP 42 7,705 T -"' ° �W L \ (a N44'4'9'32"E Sf8-A.f N O+ _ 6/fl' e .._ __ _- _._ - _ - LSY / z 7 O ___ _. q ,4 5C.CO' i 50.OG' I t` p c'xxn 3482 50.00' 5000' 3Q43' i" 50 o�d ee.00' v 50.00' 50.00' So.00' saoo' .. " - - _ rty g - - _- _ _- - - - - - .- - - N F- 4.1 i. o_. 20' Building t0 UUent Z ry�O� `��L��9 2n^ 44 6,605 £ �9 9; / • in - - \ 20' Buildirq Line -�1O Wildy o Eoge �caq � ?/ o� o� at --- -, 4c _-- 6 500 a s rn by bn 0 o Xl rn 6 rn r� 3 O- _ inco Easement ro m .� I �• 7 z ` 1P �. W. co e°'va °' G 46 .. 6,500 -`-- `^' \ o of 0 0 / to o n o Oy 6 Q'�O M GI z0 I 2 u o a N 4) yaF V) O� 47 6,500 So (typ-icer) 'v Q+ Uto a e O, 4. T \ z H. ' o: .`i BLOCK °O� / 48 6.soD \ 7 e a�w o n a v 3 /50� w - 3 2 q _ I o N 2 3 4 - 49 6,500 5ttl O O y N ¢ a N N ,0`L°� SD 6,500 `� < V Os w bo rn N a Drainage CI o z a o N ro. i St 6,50,. us Es dii 11 m \ y N M Eosement� "59'4'1 o'02"W rn O o b z / ,u V m m 35.00' 7 D in - P u a 34.5'30'19"E-r -,,„1.-1 do ZI H z 3 6,500 5/8" CI.R F. 6 i O � - rL9 / FINAL PLAT Bt CO NR180N' V /'a 64.83' tia - - - / 54 Q50,. co.00' so.00' _�� 5.00 zs.o' zs.o' 1 - S o z 0S0 / 5/fl' c.I.R.p. Sachse Road—_ _. 6/e' - -- 261.82 J / r 5/8- Visibility Triangle Clgp, 2941 Common Area 55 9a.434 WOODBRIDGE N88°28'19°W---- I/2" I.RF S44 294I W 226.90 c[R.F _ _ _ __ ._. _ . _ n _- _ Wail SMantenan a xRA (CAI (variable width right-of-way) ° , rr m 27.68' lam.i Won Maintenance W an and KR " Easement C 1 7,353 PHASE SIXTEEN Easement L- Point of Point of 6°DOD I 1 I RESIDENTIAL LOTS 2 6,000 Beginning Beginning Approximate ses only) \ (pictoroi purposes only) --- - 5------ 6,000 0 li„� e a�. TRACT ONE TRACT TWO 6 6,000 25.803 Acres Situated in the I �oS \ o Richard Newman Survey - Abstract No. 660 N ova°o GRAPHIC SCALE City of Wylie, Collin County, Texas Q 40f vL so o 25 50 100 200 City of Wylie, Dallas County, Texas N `` ■■� SHEET NO. 2 OF 3 0 \ C ii Ifs NINIIIIIIIIIIIIIIIIIIII11 z I \V ( IN FEET ) Dated: 08/21/2012 \ 1 inch = 50 ft. Scale: 1" = 50' 0 \ Revised: 08/14/2013 "FINAL PLAT - FOR INSPECTION PURPOSES ONLY" OWNER'S CERTIFICATE(CONT,) COUNTY OF COLLIN)( OWNER'S CERTIFICATE(CON'T.) COUNTY OF DALLAS)( STATE OF TEXAS )( COUNTY OF COLLIN)( "Recommended for Approval" STATE OF TEXAS )( WHEREAS, Woodbridge XVII, Ltd. is the owner of a tract of land situated in the Richard Newman Survey, Abstract WHEREAS, Woodbridge XVII, Ltd. is the owner of a tract of land situated in the Richard Newman Survey, Abstract No. 660, in the City of Wylie, Collin County, Texas, said tract being all of that tract of land known as Tract 2, as No. 660, in the City of Wylie, Collin County, Texas, said tract being all of that tract of land known as Tract 1, as Chairman, Planning & Zoning Commission Dote: described by deed to Woodbridge XVII, Ltd., as recorded under Document No. 20121221001630240, of the Official described by deed to Woodbridge XVII, Ltd., as recorded under Document No. 20121221001630240, of the Official City of Wylie, Texas Public Records of Collin County, Texas (0.P.RQGT.) and also being all of that called 1.422 acre tract of land Public Records of Collin County, Texas (O.P.R.C.C.T.), said tract being more particularly described as follows: described by deed to Woodbridge XVII, Ltd., as recorded under Document No. 201200377425, 0.P.R.0 C.T., said tract being more particularly described as follows: BEGINNING at a 5/8" iron rod with a plastic cap stamped "KHA" found (herein after referred to as a capped "Approved for Construction" 5/8" iron rod found) at the intersection of the northwesterly monumented line of Sachse Rood and the BEGINNING at a 5/8" iron rod with a plastic cap stamped "KHA" found (herein after referred to as a capped northeasterly monumented line of Creek Crossing Lone, same being the most southerly corner of sold Tract 1; 5/8" iron rod found) at the intersection of the northwesterly monumented line of Sachse Rood and the southeasterly monumented line of Creek Crossing Lane, same being the most easterly corner of said Tract 2; THENCE in a northwesterly direction along said northeasterly right-of-way line of Creek Crossing Lone, the Mayor, City of Wylie, Texas Date: following courses and distances: THENCE along the northwesterly monumented line of said Sachse Rood, the following courses and distances: North 45'30'19" West, a distance of 140.00' to a capped 5/8" iron rod found for corner; South 44'29'41" West, a distance of 226.90' to a 1/2" iron rod found for corner at an angle point; "Accepted" North 44'29'41" East, a distance of 15.50' to a capped 5/8" iron rod found for corner; North 88'28'19" West, a distance of 27.68' to a 5/8" iron rod with plastic cap stamped "NELSON" found for corner at an angle point; North 45'30'19" West, a distance of 50.00' to a capped 5/8" iron rod found for corner; Mayor, City of Wylie, Texas Dote: South 44'57'58" West, a distance of 338.72' to a 5/8" iron rod with a plastic cap stamped "NELSON" found for South 44'29'41" West, a distance of 15.50' to a copped 5/8" iron rod found for corner; corner at an angle point; North 45'30'19" West, a distance of 25.90' to a capped 5/8" iron rod found for corner; South 45'40'37" West. a distance of 1230.10' to a 5/8" iron rod with a plastic cap stamped "PBSJ' found at the The undersigned, the City Secretory of the City of Wylie, Texas, hereby certifies that the foregoing final most easterly corner of the WOODBRIDGE GOLF CLUB. as recorded in Volume L. Page 246. of the Mop Records of North 52'19'45" West, a distance of 84.16' to a capped 5/8" iron rod found for corner; plat of the WOODBRIDGE PHASE SIXTEEN, to the City of Wylie was submitted to Collin County, Texas (M.R.C.C.T.), and also recorded in Volume 99138, Page 84, of the Mop Records of Dallas County, Texas (M.R.D.C.T.); North 45730'19" West. a distance of 132,53' to a copped 5/8" iron rod found at the most westerly corner of said the City Council on the day of , 2013, and the Council, by formal action, Tract 1, some being the most southerly corner of Lot 16 (Common Area Open Space), as shown on the plat of then and there accepted the dedication of streets, alley, parks, easement, public places, and water and THENCE North 44'12'44" West, along the most southerly northeast of said WOODBRIDGE GOLF CLUB, a distance of WOODBRIDGE PHASE 9, as recorded in Volume 0, Page 312, of the Map Records of Collin County, Texas sewer lines as shown and set forth in and upon said plat and said Council further authorized the Mayor 482.50' to a 1/2" iron rod with a yellow plastic cop stamped `RPLS 5686' set (herein after referred to as a (M.R.C.C.T.); to note the acceptance thereof by signing his name as hereinabove subscribed. capped iron rod set), said corner being the most westerly corner of said 1.422 acre tract; THENCE along the common line between said WOODBRIDGE PHASE 9 and said Tract 1, the following courses and Witness my hand this day of , A.D., 2013. THENCE along the common line between said 1.422 acre tract and WOODBRIDGE GOLF CLUB, the following distances: courses and distances: North 62'41'58" East, a distance of 28.88' to a point for corner in a drainage ditch; North 38'54'04" East, a distance of 398.47' to a capped iron rod set for corner at an angle point; North 73'58'00" East. a distance of 33.34' to a point for corner in a drainage ditch; City Secretary North 19'27'34" East, a distance of 476.02' to a capped iron rod set for corner; North 64'21'30" East, a distance of 85.13' to a point for corner in a drainage ditch, at the beginning of a curve City of Wylie, Texas THENCE South 88'23'26" East, passing a capped 5/8" iron rod found, at a distance of 22.56, said corner to the left, having a radius of 100.00', a central angle of 47'01'30", and a chord which bears, North 40'50'40" marking the most northwesterly corner of said Tract 2, and continuing in all a total distance of 146.08' to a East, a chord distance of 79.79 capped iron rod set for corner at an angle point; Thence along said curve to the left, in a northeasterly direction, an arc length of 82.07' to a point for corner in THENCE North 82'37'29" East, a distance of 139.67' to a capped iron rod set for corner; a drainage ditch; THENCE North 74'02'43" East, a distance of 90.78' to a capped iron rod set for corner; North 17'19'S1" East, a distance of 13.54' to a point for corner in a drainage ditch, at the beginning of a curve to the right, having a radius of 100.00', a central angle of 54'35'14", and a chord which bears, North 44'37'28" THENCE North 72'17'23" East, a distance of 191.16' to a capped iron rod set for corner; East, a chord distance of 91.71'; THENCE North 37'50'21" East, a distance of 137.61' to a capped iron rod set for corner; Thence along said curve to the right, in a northeasterly direction, an arc length of 95.27' to a point for corner in a drainage ditch; THENCE North 54'12'23" East. a distance of 133.34' to a capped iron rod set for corner; North 71'55'04" East, a distance of 108.48' to a point for corner in a drainage ditch, at the beginning of a curve THENCE North 55'53'41" East, a distance of 171.40' to o copped iron rod set for corner; to the right, having a radius of 100.00', a central angle of 47'12'00", and a chord which bears, South 84'29'01" East, a chord distance of 80.07'; THENCE North 30'06'21" West, a distance of 110.13' to a capped iron rod set for corner; Thence along said curve to the right, in a northeasterly direction, an arc length of 82.38' to a point for corner in SURVEYOR'S CERTIFICATE: THENCE North 57'18'32" West, a distance of 89.77' to a capped iron rod set for corner; a drainage ditch; THENCE North 88'09'41" West, a distance of 58.38' to a capped 5/8" iron rod found for corner in the southerly South 60'53'07" East, a distance of 75.49' to a 1/2" iron rod with a yellow plastic cap stamped "RPLS 5686" set KNOW ALL MEN BY THESE PRESENTS: line of Lot 23, Block 0, of WOODBRIDGE PHASE SOD, as recorded in Volume 2006, Page 590, M.R.C.C.T.; for the northeasterly corner of said Tract 1; THAT I, Michael B. Arthur, do hereby certify that I prepared this plat from an actual on-the-ground survey THENCE North 68'54'46" East, along said southerly line of Lot 23, a distance of 13.46' to a capped 5/8" iron rod THENCE South 01'00'53" West, along the eastestic cap :rly line of said Tract 1, a distance of 296.01' to the of the above described property, and that the corner monuments shown hereon were found or were properly found at the most easterly corner of said Lot 23, same being the most southerly corner of Lot 24, of said POINT OF BEGINNING and containing 3.593 acres of land, more or less. placed under my personal supervision in accordence with the Platting Rules and Regulations of the City of addition; Wylie, Collin and Dallas County, Texas. THENCE North 61'10'33" East, along the southeasterly line of said Lot 24, a distance of 115.10' to a 1/2" iron rod with a plastic cap stamped "ROOME" found at the most easterly corner of said Lot 24, same being in the mok aforementioned southwesterly monumented line of Creek Crossing L..ane, said corner also being the most northerly ,�$ OF 7'4, Dote' corner of said Tract 2, said corner also being in a curve to the left, having a radius of 830.00', a central angle Michael B. Arthur j. *j,p15TEB :{' 41. of 47'12'00", and a chord which bears, North 84'29'01" West, a chord distance of 80.07'; Registered Professional Land Surveyorcci 4� * d-••47 Texas No. 5686 Thence along said curve to the left, in a southeasterly direction, an arc length of 82.38' to a capped 5/8" iron � MICHAEL B. ARTHUR rod found at the end of said curve; COUNTY OF COLLINx µµ"56B6µ � " COUNTY OF DALLAS)( 9 �Bs s t pie yo THENCE along the southwesterly monumented line of Creek Crossing Lane, the following courses and distances: STATE OF TEXAS )( in SO R 4 �'♦ South 45'30'19" East, a distance of 247.52' to a capped 5/8" iron rod found for corner; NOW,THEREFORE,KNOW ALL MEN BY THESE PRESENTS: COUNTY OF COLLIN )( South 38'38'48" East, a distance of 83.747 to a capped 5/8" iron rod found for corner; That WE, Woodbridge XVII, Ltd., does hereby adopt this plat designating the herein above described property as WOODBRIDGE STATE OF TEXAS )( PHASE SIXTEEN, an addition to the City of Wylie, Collin and Dallas Counties, Texas and does hereby dedicate in fee simple, South 45'30'19" East, a distance of 217.13' to the POINT OF BEGINNING and containing 22.210 acres of land, to the public use forever, the streets, rights-of-way, and other public improvements shown hereon. The easements shown BEFORE: ME, the undersigned, a Notary Public in and for the State of Texas, on this day personally appeared more or less. thereon are hereby reserved for the purposes indicated. The utility and fire lane easements shall be open to the public fire MICHAEL B. ARTHUR, known to me to be the person whose name is subscribed to the foregoing instrument, and police units, garbage and rubbish collection agencies, and all public and private utilities for each particular use. The and acknowledged to me that he executed the some for the purposes and consideration therein expressed. maintenance of paving on the utility and fire lane easements is the responsibility of the property owner. No buildings, fences, trees, shrubs or other improvements or growths shall be constructed, reconstructed or placed upon, over or across the easements as shown. Said easements being hereby reserved for mutual use and accommodation of all public utilities using or WITNESS MY HAND AND SEAL OF OFFICE on this, the day of 2013. desiring to use the some. All and any public utility shall have the right to remove and keep removed oil or part of any buildings, fences, trees, shrubs or other improvements or growths which in any way may edonger or interfere with the construction, maintenance or efficiency of its respective system on the easements, and all public utilities shall at all times have full right of ingress and egress to or from and upon the said easements for the purpose of constructing, reconstructing, inspecting, patrolling, maintaining and adding to or removing all or parts of its respective systems without the NOTARY PUBLIC in and for the State of Texas necessity at any time of procuring the permission of anyone. (Any public utility shall have the right of ingress and egress to Jivate property for the purpose of reading meters and any maintenance or service required or ordinarily performed by the _ Alonislcnis >\ utility). Water main and wastewater easements shall also include additional area of working space for construction and • _ _ - maintenance of the systems. Additional area is also conveyed for installation and maintenance of manholes, cleanouts, fire � 9W `� hydrants, water servicesand waste water services from the main to curb or improvement line and description of such 03 addition easements herein granted shall be determined by their location as installed. c m6.. _�._ - This plat is approved subject to oil platting ordinances, rules, regulations and resolutions of the City of Wylie, Texas, e ^� �5ro ciao itioond Ridge - Witness my hand, this the„ day of , 2013. tiltri ColonialWoodbridge XVII, Ltd. ---- Sim a Texas limited partnership By. HDC Woodbridge XVII, t.LC o"ro ¢, a Texas limited liability company �o Its: General Partner I ___ By: HDC Management, LJ..0 --"--v� & ) a Texas limited liability company __- _ _ 2 �, `o. $4111W �� Its: Manager D " °e P INAL PLAT e \ 1 _ -s _L I By' WOODBRIDGE �� Donald P. Herzog, Member Woodbridge xvn, Ltd. and G1 4S6S8 4-1. -1-_--;._ _ 40 COUNTY OF COLLIN)( DooRichardsonlTxasWoodbridge Suite13o PHASE SIXTEEN COUNTY OF DALLAS)( (214) 348-1300 ex. 12 ot. X Contact: Don Herzog STATE OF TEXAS 111 RESIDENTIAI. LOTS coW 5oo 04 BEFORE ME, the undersigned, a Notary Public in and for the State of Texas, on this day personally appeared ISKEPIES' It -� 8 Donald P. Herzog, known to me to be the person whose name is subscribed to the foregoing instrument and Heimberger Associates, Inc. 1525 taxman Road 25.803 Acres Situated in the O e acknowledged to me that the same Is his act and deed in the capacity therein stated and for the purposesWylie. Tx. a5o95 u therein expressed. Ph. (972) 442-7459 Richard Newman Survey ti Abstract No. 660 N �- Fax: (972) 442-1428 _ le City of Wylie, Collin County, Texas O WITNESS MY HAND AND SEAL OF OFFICE on this, the day of , 2013. City of Wylie, Dallas County, Texas [V � North Texas Surveying,L.L.C. SHEET NO. 3 OF 3 . Registered Professional Land Surveyors 0 - Vicinity Map NOTARY PUBLIC in and for the State of Texas 1515 South McDonald St. Suite 110 Dated: 08/21/2012 Z McKinney, Tx. 75069(not to scale) Ph. (469) 424-2074 Far (469) 424-1997 Revised: 01/21/201 3 Scale: 1 " = 50' _Q www.northtexassurveying.eom Revised: 08/14/2013 0 -7 Of Otte L ,614* Wylie City Council air 77 ;,� %t,= AGENDA REPORT ,z ts$ Meeting Date: April 22, 2014 Item Number: H Department: Planning (City Secretary's Use Only) Prepared By: Renae' 011ie Account Code: Date Prepared: April 15, 2014 Budgeted Amount: Exhibits: 5 Subject Consider, act upon, Ordinance No. 2014-12 annexing a certain 6.210 acres of land situated in the Lewis M. Marshall Survey, Abstract No. 594 and the William Patterson Survey, Abstract No. 716, Collin County, Texas, being a portion of a called 23.014 acre tract of land described in the general warranty deed to Creekside Development VII, LLC, recorded in Instrument No. 20130722001018620, official public records of Collin County, Texas; providing for a penalty for the violation of this ordinance; providing for the repeal of all ordinances in conflict;providing a severability clause; and providing for an effective date. Recommendation Motion to adopt, Ordinance No. 2014-12 annexing a certain 6.210 acres of land situated in the Lewis M. Marshall Survey, Abstract No. 594 and the William Patterson Survey, Abstract No. 716, Collin County, Texas, being a portion of a called 23.014 acre tract of land described in the general warranty deed to Creekside Development VII, LLC, recorded in Instrument No. 20130722001018620, official public records of Collin County, Texas, as provided for in Agenda Item H. Discussion Property Owner: Creekside Development VII, LLC Applicant: Creekside Development VII,LLC This annexation is at the request of property owners of a single open space tract of land. The subject tract is contiguous to existing city limits on the northern, eastern, and southern sides, while properties to the west are within the city limits of Parker. The applicant desires to bring the subject tract into the city to create connectivity between Phase VII to the south and the Estates of Creekside to the north. Before a municipality may begin annexation proceedings, the governing body of the municipality must conduct two (2)public hearings at which persons interested in the annexation are given the opportunity to be heard. The notice for each hearing must be published at least once on or after the 20th day but before the 10th day before the date of the hearing and must remain posted on the municipality's website until the date of the hearing. In compliance with state law, the following schedule has been adhered to: (Rev 01/2014) Page 1 of 2 Page 2 of 2 Notice published for Public Hearings March 12, 2014 and March 19, 2014. First Public Hearing March 25, 2014 Second Public Hearing April 8, 2014 Adoption of Ordinance April 22, 2014 Article 1, Section 3 of the Wylie City Charter authorizes the City Council to adjust boundaries. This annexation is being conducted in compliance with Sections 43.052 (h) (2) and 43.063 of the Local Government Code. By adoption of this ordinance and the attached Exhibits ("A" Legal Description; "B" Survey; "C" Approved Final Plat; "D" Service Plan), the property is temporarily classified as Ag/30 (Agricultural District) until permanent zoning is established by the Council in accordance with Article 8 of the City of Wylie Comprehensive Zoning Ordinance. ORDINANCE NO. 2014-12 AN ORDINANCE ANNEXING A CERTAIN 6.210 ACRES OF LAND SITUATED IN THE LEWIS M. MARSHALL SURVEY, ABSTRACT NO. 594 AND THE WILLIAM PATTERSON SURVEY, ABSTRACT NO. 716, COLLIN COUNTY, TEXAS, BEING A PORTION OF A CALLED 23.014 ACRE TRACT OF LAND DESCRIBED IN THE GENERAL WARRANTY DEED TO CREEKSIDE DEVELOPMENT VII, LLC, RECORDED IN INSTRUMENT NO. 20130722001018620, OFFICIAL PUBLIC RECORDS OF COLLIN COUNTY, TEXAS; PROVIDING FOR A PENALTY FOR THE VIOLATION OF THIS ORDINANCE; PROVIDING FOR THE REPEAL OF ALL ORDINANCES IN CONFLICT; PROVIDING A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the City Council of the City of Wylie, Texas ("City Council") under the authority of Section 43.021. Local Government Code and the City of Wylie, Texas' (Wylie) Home Rule Charter, investigated and determined that it would be advantageous and beneficial to Wylie and its inhabitants to annex the below-described property(the "Property") to Wylie; and; WHEREAS, prior to conducting the public hearings required under Section 43.063, Local Government Code, the City Council also investigated and determined that the Property is within the extraterritorial jurisdiction of Wylie and is adjacent and contiguous to the existing city limits of Wylie; and WHEREAS, before the publication of the notice of the first public hearing regarding the annexation of the Property, the City Council directed the appropriate persons to prepare a service plan that provides for the extension of full municipal services to the Property to be annexed; and WHEREAS, the City Council finds that the service plan (EXHIBIT "D") has been prepared in full compliance with Section 43.056, Local Government Code, and has been made available for public inspection and was available for explanation to the inhabitants of the Property at the public hearings; and WHEREAS, the City Council finds that the field notes close the boundaries of the Property being annexed; and WHEREAS, the City Council has conducted at least two (2) public hearings at which persons interested in the annexation were given an opportunity to be heard regarding the proposed annexation and the proposed service plan; and Ordinance No.2014-12-Annexation-Abstract No. 716 6.210 Acres-Lewis M.Marshall&William Patterson Surveys Page 1 of 3 WHEREAS, the City Council finds that the public hearings were conducted on or after the fortieth (40th) day but before the twentieth (20t ) day before the date of institution of the annexation proceedings; and WHEREAS, the City Council finds it has completed the annexation process within ninety(90) days after the City instituted the annexation proceedings; and WHEREAS, the City Council finds that all legal notices, hearings, procedures and publishing requirements for annexation have been perfoiiiied and completed in the manner and form set forth by law. NOW, THEREFORE BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF WYLIE, TEXAS: SECTION 1: That the Comprehensive Zoning Ordinance of the City of Wylie, Texas, be, and the same is hereby, amended by amending the Zoning Map of the City of Wylie, to give the hereinafter described property a new zoning classification of Agriculture/30 (A/30) District, said property being described in Exhibit "A" (Legal Description) and Exhibit "B" (Survey), and Exhibit"C" (Concept Plan) attached hereto and made a part hereof for all purposes. SECTION 2: That all ordinances of the City in conflict with the provisions of this ordinance be, and the same are hereby, repealed and all other ordinances of the City not in conflict with the provisions of this ordinance shall remain in full force and effect. SECTION 3: That the above described property shall be used only in the manner and for the purposes provided for in the Comprehensive Zoning Ordinance of the City, as amended herein by the granting of this zoning classification. SECTION 4: Any person, firm or corporation violating any of the provisions of this ordinance or the Comprehensive Zoning Ordinance, as amended hereby, commits an unlawful act and shall be subject to the general penalty provisions of Section 1.5 of the Zoning Ordinance, as the same now exists or is hereafter amended. SECTION 5: Should any paragraph, sentence, subdivision, clause, phrase or section of this ordinance be adjudged or held to be unconstitutional, illegal or invalid, the same shall not affect the validity of this ordinance as a whole or any part or provision thereof, other than the part so declared to be invalid, illegal or unconstitutional, and shall not affect the validity of the Comprehensive Zoning Ordinance as a whole. SECTION 6: This ordinance shall be in full force and effect from and after its adoption by the City Council and publication of its caption as the law and the City Charter provide in such cases. SECTION 7: The repeal of any ordinance, or parts thereof, by the enactment of this Ordinance, shall not be construed as abandoning any action now pending under or by virtue of such ordinance; nor shall it have the effect of discontinuing, abating, modifying or altering any penalty accruing or to accrue, nor as effecting any rights of the municipality under any section or provisions of any ordinances at the time of passage of this ordinance. Ordinance No.2014-12-Annexation-Abstract No. 716 6.210 Acres-Lewis M.Marshall&William Patterson Surveys Page 2 of 3 DULY PASSED AND APPROVED by the City Council of the City of Wylie, Texas, this 22nd day of April, 2014. Eric Hogue, Mayor ATTEST: Carole Ehrlich, City Secretary DATE OF PUBLICATION: , in the Ordinance No. 2014-12 -Annexation-Abstract No. 716 6.210 Acres-Lewis M. Marshall &William Patterson Surveys Page 3 of 3 ANNEXATION EXHIBIT COLLIN COUNTY,TEXAS BEING A 6.210 ACRE TRACT OF LAND SITUATED IN THE LEWIS M. MARSHALL SURVEY, ABSTRACT NO. 594 AND WILLIAM PATTERSON SURVEY, ABSTRACT NO. 716, COLLIN COUNTY, TEXAS; BEING A PORTION OF A CALLED 23.014 ACRE TRACT OF LAND DESCRIBED IN THE GENERAL <WARRANTY DEED TO CREEKSIDE DEVELOPMENT VII, LLC, RECORDED IN INSTRUMENT NO. 20130722001018620, OFFICIAL PUBLIC RECORDS OF COLLIN COUNTY, TEXAS, (O.P.R.C.C.T.), SAID 6.210 ACRE TRACT OF LAND BEING MORE PARTICULARLY DESCRIBED BY METES AND BOUNDS AS FOLLOWS: BEGINNING AT A 5/8-INCH IRON ROD FOUND FOR THE MOST EASTERLY SOUTHEAST CORNER OF SAID 23.014 ACRE TRACT OF LAND SAME BEING THE SOUTHWEST CORNER OF LOT 1, BLOCK A OF RITA SMITH ELEMENTARY SCHOOL, AN ADDITION TO THE CITY OF WYLIE ACCORDING TO THE PLAT THEREOF RECORDED IN VOLUME 2007, PAGE 459, PLAT RECORDS OF COLLIN COUNTY, TEXAS (P.R.C.C.T.), AND BEING IN THE NORTH LINE OF RIVERCHASE, PHASE THREE, AN ADDITION TO THE CITY OF WYLIE ACCORDING TO THE PLAT THEREOF RECORDED IN CABINET 0, PAGE 262, P.R.C.C.T.; THENCE SOUTH 88°29'55" WEST ALONG THE COMMON LINE OF SAID 23.014 ACRE TRACT OF LAND AND SAID RIVERCHASE ADDITION, A DISTANCE OF 458.65 TO A 5/8-INCH IRON ROD FOUND FOR CORNER IN THE EAST LINE OF SAID 23.014 ACRE TRACT AND BEING THE NORTHWEST CORNER OF SAID RIVERCHASE ADDITION; THENCE ALONG THE COMMON LINE OF SAID 23.014 ACRE TRACT AND SAID RIVERCHASE ADDITION, THE FOLLOWING: SOUTH 01°01'36" WEST, A DISTANCE OF 231.60 FEET TO A 5/8-INCH IRON ROD FOUND FOR CORNER; SOUTH 00°27'33" WEST, A DISTANCE OF 191.03 FEET TO A 5/8-INCH IRON ROD WITH A YELLOW PLASTIC CAP STAMPED°BURY+PARTNERS"FOUND FOR CORNER SOUTH 00°15'43" EAST, A DISTANCE OF 33.84 FEET TO A POINT FOR CORNER; THENCE SOUTH 88°44'46" WEST, DEPARTING SAID COMMON LINE, OVER AND ACROSS SAID 23.014 ACRE TRACT OF LAND, A DISTANCE OF 265.62 FEET TO APPOINT FOR CORNER IN THE WESTERLY LINE OF SAID 23.014 ACRE TACT OF LAND SAME BEING THE EASTERLY LINE OF THAT CALLED 59.544 ACRE TRACT OF LAND DESCRIBED IN THE GENERAL WARRANTY DEED TO ESTATES AT CREEKSIDE PARKER ' I, LLC, RECORDED IN INSTRUMENT NO. 20130722001018540, O.P.R.C.C.T., AND BEING IN THE APPROXIMATE CENTERLINE OF MUDDY CREEK; THENCE ALONG THE COMMON LINE OF SAID 23.014 ACRE TRACT OF LAND AND SAID 59.544 ACRE TRACT OF LAND AND GENERALLY ALONG THE CENTERLINE MEANDERS OF MUDDY CREEK,THE FOLLOWING: NORTH 55°28'45"WEST, A DISTANCE OF 85.53 FEET; NORTH 02°19'47"WEST,A DISTANCE OF 52.48 FEET; NORTH 17°29'42" EAST, A DISTANCE OF 115.92 FEET NORTH 32°59'14" EAST,A DISTANCE OF 235.76 FEET; NORTH 11°38'26" EAST,A DISTANCE OF 98.35 FEET; NORTH 32°50'40" EAST, A DISTANCE OF 116.64 FEET; S:\SUR\0102039 Lafayette\30004 Creekside\6.210 ACRES.docx Page 1 of 3 ANNEXATION EXHIBIT COLLIN COUNTY,TEXAS SOUTH 89°34'55" EAST,A DISTANCE OF 200.75 FEET; NORTH 70°41'40" EAST, A DISTANCE OF 159.49 FEET; NORTH 50°28'06" EAST, A DISTANCE OF 230.20 FEET; NORTH 17°42'09" EAST, A DISTANCE OF 206.26 FEET; 1 NORTH 02°47'32" EAST, A DISTANCE OF 117.40 FEET; NORTH 29°07'43"WEST,A DISTANCE OF 80.48 FEET; NORTH 59°58'11"WEST,A DISTANCE OF 89.27 FEET; NORTH 65'54'21"WEST,A DISTANCE OF 56.64 FEET; NORTH 31°09'02"WEST, A DISTANCE OF 10.41 FEET TO A POINT IN THE NORTH LINE OF SAID 23.014 ACRE TRACT OF LAND AND BEING IN THE WESTERLY SOUTH LINE OF THAT CERTAIN TRACT OF LAND DESCRIBED IN DEED TO ALFRED FALL MONROE, RECORDED IN VOLUME 4094, PAGE 2830, DEED RECORDS OF COLLIN COUNTY, TEXAS; f THENCE ALONG THE COMMON LINE OF SAID 23.014 ACRE TRACT OF LAND AND SAID MONROE TRACT OF LAND, THE FOLLOWING: NORTH 89°38'28" EAST, A DISTANCE OF 210.58 FEET TO A 5/8-INCH IRON ROD WITH A YELLOW PLASTIC CAP STAMPED"BURY+PARTNERS" FOUND FOR CORNER; SOUTH 03°44'23" WEST, A DISTANCE OF 152.48 FEET TO A 5/8-INCH IRON ROD WITH A YELLOW PLASTIC CAP STAMPED"BURY+PARTNERS" FOUND FOR CORNER; SOUTH 02°15'56" WEST, A DISTANCE OF 104.95 FEET TO A 5/8-INCH IRON ROD WITH A YELLOW PLASTIC CAP STAMPED "BURY+PARTNERS" FOUND FOR THE SOUTHERLY SOUTHWEST CORNER OF SAID MONROE TRACT OF LAND AND BEING THE NORTHWEST CORNER OF THE AFOREMENTIONED LOT 1, BLOCK A OF RITA SMITH ELEMENTARY SCHOOL ADDITION; THENCE SOUTH 06°53'32" WEST, ALONG THE COMMON LINE OF SAID 23.014 ACRE TRACT OF LAND AND SAID LOT 1, BLOCK A, A DISTANCE OF 536.00 FEET TO THE POINT OF BEGINNING; CONTAINING A COMPUTED AREA OF 6.210 ACRES OF LAND, MORE OR LESS. BEARINGS AND DISTANCES CALLED FOR HEREIN ARE BASED ON THE GENERAL WARRANTY DEED RECORDED IN INSTRUMENT NO. 20130722001018620, OFFICIAL PUBLIC RECORDS OF COLLIN COUNTY, TEXAS. THIS DOCUMENT WAS PREPARED UNDER 22 TAC §663.21, DOES NOT REFLECT THE RESULTS OF AN ON THE GROUND SURVEY, AND IS NOT Of,T ,r1 k TO BE USED TO CONVEY OR ESTABLISH INTERESTS IN REAL PROPERTY c� G-s r I: .' {� EXCEPT THOSE RIGHTS AND INTERESTS IMPLIED OR ESTABLISHED BY - THE CREATION OR RECONFIGURATION OF THE BOUNDARY OF THE ••• ' i ..wis.i• � ww w.. �POLITICAL SUBDIVISION FOR WHICH IT WAS PREPARED. DAV1 . RDT , \.,........r!.08 .60,"::::::z..: 4,,. 1.,E S:\SUR\0102039 Lafayette\30004 Creekside\6.210 ACRES.docx Page 2 of 3 1 \1/4......____ / L21 LEGEND -..... f IRE IRON ROD FOUND -- ..-----i L20 4,0 oe ALFRED FALL MONROE CIRF 5/ 8—INCH IRON ROD WITH YELLOW PLASTIC CAP STAMPED "BURY 4- PARTNERS" FOUND 'n ,._ta D.R.C.C.T. DEEDS RECORDS. tn r,- (.41% VOL, 4094. PG 2830 COLLIN COUNTY, TEXAS U — ow DRCCT P.R.C.C.T. PLAT RECORDS, . . ee COLLIN COUNTY, TEXAS 0 tn 0.P.R.C.C.T. OFFICIAL PUBLIC RECORDS co 03 COLLIN COUNTY, TEXAS -4 •4 VOL./PG. VOLUME/PAGE 14.1 la CABIPG. CABINET/PAGE > > ix IX f C., D I 2 0 _. ..., 1 0 0 ce r ..:( a, E x 5"(c...4•b\1,..\'\ ('' 1 4, 01- •N`a ta Q 0 L2-1J .g CITY OF PARKER CITY LIMITS \91 I CITY OF WYLIElri LOT 1, BLOCK A . I RITA SMITH ELEMENTARY Q ) --.1 SCHOOL VOL 2007, PG. 459, PRCCT be)•40";.:1,t-r to ‘>0 1,0'\4306C L12 imm cy.. c, 1,o 04- moon PORTION OF A 0 100 200 4",,‘.., :::. If CALLED 23.014 ACRES -0"‘ ‘ CREEKSIDE DEVELOPMENT VII. LLC PONT or orommvo 1"=200' .co \ an LIMITS (.0 INST. NO. 2013072200101 auo OPRCCT A. 0 :..,- 1 .5/8"RAT 5/8'tor (mu L1 (Cu) 6.210 ACRES OPEN SPACE A-1, z PRIVATE PARK 2 DRAINAGE AND UTiu-ry EASEMENT 8 R1VERCHASE, PHASE THREE CAB. 0, PG. 262, PRCCT ••., r'S LINE DATA LINE DATA a& ) LINE # BEARING DISTANCE LINE # BEARING DISTANCE 5/8"!RP APPROXIMATE CENTERLINE \(CU) L1 58829'55"W 458,65' 115 N17•42'09"E 206 26' , OF MUDDY CREEK Z L2 51'01'36"W 231.60' 116 N2'47'32"E 117 40' 3 L3 50'27'33"W 191.03 L17 N29'07'43"W 80 48' _ r- 14 SO'15'43"E 33.84' L18 N59'58'11W 89,27' ..1 . CITY CIRF L5 S88'44'46"w 265.62' 119 N65'54'2 rw 56.64' OATS 4 ow or Irrem Ne -J L6 N55'2845"W 85.53' L20 N31'09'02"w 10.41' i 1 I-5 I L7 14219'47"w 52.48' 121 N89'38'28"E 210.58' CALLED 23,014 ACRES L8 N1729'42E 115.92' L22 S3'44'23"W 152.48' CREEKSIDE DEVELOPMENT VII, LLC INST. NO. 20130722001013620 19 N32'59'14E 235.76' L23 5215'56W 104.95' OPRCCT NOTES: LIO N11'38'26"E 98.35' L24 S6'53'32"W 536.00' BEARINGS AND DISTANCES CALLED FOR HEREIN ARE BASED ON THE LI1 N32'SO'40"E ii 6.64' ,.. ... GENERAL WARRANTY DEED RECORDED IN INSTRUMENT NO, L12 S89'34'55"E 200.75' 20130722001018620, OFFICIAL PUBLIC RECORDS OF COLLIN COUNTY, , TEXAS. L13 N70'41'40"E 159,49' , •*.t. . k\ LI 4 N5028.06"E 230,20' THIS DOCUMENT WAS PREPARED UNDER 22 TAC §663.21, DOES NOT M / ...i 00000 •• • — •• ••• 4\ REFLECT THE RESULTS OF AN ON THE GROUND SURVEY, AND IS V DAT . DT/ NOT TO BE USED TO CONVEY OR ESTABLISH INTERESTS IN REAL • PROPERTY EXCEPT THOSE RIGHTS AND INTERESTS IMPLIED OR %.i / • ' •rf.e s‘0.-"0. ', ESTABLISHED BY THE CREATION OR RECONFIGURATION OF THE BOUNDARY OF THE POLITICAL SUBDIVISION FOR WHICH IT WAS , 4 0 Iecti \1/4.C.1 PREPARED. BURY ANNEXATION EXHIBIT CREEKSIDE 5310 Harvest Hill Road,Suite 100 Dallas,Texas 75230 DEVELOPMENT VII, LLC Tel.(972)9914)011 Fax(972)991.0278 COLLIN COUNTY, TEXAS TBPE 4 F-1048 TBPLS#F-10107502 Copyright 0 2014 PAGE 3 OF 3 DATE: 02/24/1 41 DRAWN BY: EAP I FILE:S:\SUR\01020,39 LAFAYETTE\30004 CREEKSIDE\10203904—PH—VII—ANNEX EXB.DWG /1- — Ng rilli ---1 liEii6l ESE illV7iiiiiiiiiiiTiNiifili 1/1111101i 114/1111 1 /MI Oil ' tlt - t 1:11g9:1?3 - re Mt ; sR0a! it$nliliWilM1411 `,,... \ '\ / \ , fittiUUtit;fi y " / li 7 is yA5A ° ¢i -` \ r -`/pg5 4,00 ° g a �1' r °'�&a 1` K i i+i i'w a a 6. y ,_. 1. Y.mm .: v t � g 55 p,, . .: ..:.� ..LA.[Y1 N.L Oii ! bZ.AAMCrl7fA+C7 7, 3iii, " -_.es. , 7 pp gg ' t t--- 2 "-.1 •-•,-4-- !-- 1!111 itt, ili "Ilk", a ' 6 5 4 i 8 * a 4ss A. ttt 11 _` 3 ; , _ .M ppM OLKr.l'r...Ca I .� IA 1 r +1 pp n y qc I ! _ r _ ) i m i11 RI iilfl ■ff 11 m�_ II 141 I. 1op i ;°�$ ¢illitI hi meet ,L�. ,r- ,.." 1 1 11 010/ �3�t� 6y YI t i z q I 'A� a1 #9�is / '�1 w F Eli i 0 � i of 6 q' �) �1 .if t� '� 7! Ill ; f . N 1 , 1# 1.4 .0 -12 1,,.., /1 '-, . al, lifil 1 ; $33t A i.4 .... ti �c,it(7 -i r 1 %1 ` t " ; p a m = 2 t '.t 1'. nrrr wow ro. " =' gl ` g g q b �-- R -i atr1Yt1 M_ '�� .._. i i01C+7'i�_. MIT - 'y -- '�. hiP t:44.0 _ GAME.10 Min'WPar 9 $ EXHIBIT "D" CITY OF WYLIE, TEXAS SERVICE PLAN FOR ANNEXED AREA CREEKSIDE PHASE VII TRACT ANNEXATION ORDINANCE NO.: Ordinance No. 2014-12 DATE OF ANNEXATION ORDINANCE: 04/22/2014 ACREAGE ANNEXED: 6.210 acres SURVEY, ABSTRACT & COUNTY: Lewis M. Marshall Survey, Abstract No. 594 and the William Patterson Survey, Abstract No. 716, which is contiguous and adjacent to the City of Wylie, in Collin County, Texas Municipal Services to the acreage described above shall be furnished by or on behalf of the City of Wylie, Texas (the "City"), at the following levels and in accordance with the following schedule: A. POLICE SERVICE 1. Patrolling, responses to calls and other routine police services, within the limits of existing personnel and equipment and in a manner consistent with any of the methods of the City, extends police service to any other area of the municipality, will be provided within sixty (60) days of the effective date of the annexation ordinance. 2. As development and construction commence in this area, sufficient police personnel and equipment will be provided to furnish this area the maximum level of police services consistent with the characteristics of topography, land utilization and population density within the area as determined by the City Council within four and one-half (4-1/2) years from the effective date of the annexation ordinance, or upon commencement of development within the area, whichever occurs later. 3. Upon ultimate development of the area, the same level of police services will be provided to this area as are furnished throughout the City. FIRE SERVICES 1. Fire protection by the present personnel and the present equipment of the Fire Department, within the limitations of available water and distances from existing fire stations, and in a manner consistent with any of the methods of the City, extends fire service to any other area of the municipality, will be provided to this area within sixty (60) days of the effective date of the annexation ordinance. 2. As development and construction commence in this area, sufficient fire and emergency ambulance equipment will be provided to furnish this area the maximum level of fire services consistent with the characteristics of EXHIBIT "D" topography, land utilization and population density within the area as determined by the City Council within four and one-half (4-1/2) years from the effective date of the annexation ordinance, or upon commencement of development within the area, whichever occurs later. 3. Upon ultimate development of the area, the same level of fire and emergency ambulance services will be provided to this area as are furnished throughout the City. C. ENVIRONMENTAL HEALTH AND CODE ENFORCEMENT SERVICES 1. Enforcement of the City's environmental health ordinances and regulations, including but not limited to, weed and brush ordinances, junked and abandoned vehicle ordinances and animal control ordinances, shall be provided within this area sixty (60) days of the effective date of the annexation ordinance. These ordinances and regulations will be enforced through the use of existing personnel. 2. Complaints of ordinance or regulation violations within this area will be answered and investigated within sixty (60) days of the effective date of the annexation ordinance. 3. Inspection services, including the review of building plans, the issuance of permits and the inspection of all buildings, plumbing, mechanical and electrical work to ensure compliance with City codes and ordinances will be provided within sixty (60) days of the effective date of the annexation ordinance. Existing personnel will be used to provide these services. 4, The City's zoning, subdivision, sign and other ordinances shall be enforced in this area beginning within sixty (60) days of the effective date of the annexation ordinance. 5. All inspection services furnished by the City, but not mentioned above, will be provided to this area beginning within sixty (60) days of the effective date of the annexed ordinance. 6. As development and construction commence in this area, sufficient personnel will be provided to furnish this area the same level of Environmental Health and Code Enforcement Services as are furnished throughout the City. D. PLANNING AND ZONING SERVICES The planning and zoning jurisdiction of the City will extend to this area within sixty (60) days of the effective date of the annexation ordinance. City planning will thereafter encompass this property, and it shall be entitled to consideration for zoning in accordance with the City's Comprehensive Zoning Ordinance and Comprehensive Plan. EXHIBIT "D" E. PARK AND RECREATION SERVICES 1. Residents of this property may utilize all existing park and recreational services, facilities and sites throughout the City, beginning within sixty (60) days of the effective date of the annexation ordinance. 2. Additional facilities and sites to serve this property and its residents will be acquired, developed and maintained at locations and times provided by applicable plans for providing parks and recreation services to the City. 3. Existing parks, playgrounds, swimming pools and other recreational facilities within this property shall, upon dedication to and acceptance by the City, be maintained and operated by the City of Wylie, but not otherwise. F. SOLID WASTE COLLECTION 1. Solid waste collection shall be provided to the property in accordance with existing City policies, beginning within sixty (60) days of the effective date of the annexation ordinance. Residents of this property utilizing private collection services at the time of annexation shall continue to do so until it becomes feasible because of increased density of population to serve the property municipally. Commercial refuse collection services will be provided to any business located in the annexed area at the same price as presently provided for any business customer within the City, upon request. 2. As development and construction commence in this property and population density increases to the property level, solid waste collection shall be provided to this property in accordance with the current policies of the City as to frequency, changes and so forth. 3. Solid waste collection shall begin within sixty (60) days of the effective date of the annexation ordinance. G. STREETS 1. The City's existing policies with regard to street maintenance, applicable throughout the entire City, shall apply to this property beginning within sixty (60) days of the effective date of the annexation ordinance. Unless a street within this property has been constructed or is improved to the City's standards and specifications, that street will not be maintained by the City. 2. As development, improvement or construction of streets to City standards commences within this property, the policies of the City with regard to participation in the costs thereof, acceptance upon completion and maintenance after completion, shall apply. EXHIBIT "D" 3. The same level of maintenance shall be provided to streets within this property which have been accepted by the City as is provided to City streets throughout the City. 4. Street lighting installed on streets improved to City standards shall be maintained in accordance with current City policies. H. WATER SERVICES 1. Connection to existing City water mains for water service for domestic, commercial and industrial use within this property will be provided in accordance with existing City policies. Upon connection to existing mains, water will be provided at rates established by City ordinances for such service throughout the City. 2. As development and construction commence in this property, water mains of the City will be extended in accordance with provisions of the Subdivision Regulations and other applicable ordinances and regulations. City participation in the costs of these extensions shall be in accordance with the applicable City ordinances and regulations. Such extensions will be commenced within two (2) years from the effective date of the annexation ordinance and substantially completed with four and one-half (4 1/2)years after that date. 3. Water mains installed or improved to City standards which are within the annexed area and are within dedicated easements shall be maintained by the City of Wylie beginning within sixty (60) days of the effective date of the annexation ordinance. 4. Private water lines within this property shall be maintained by their owners in accordance with existing policies applicable throughout the City. I. SANITARY SEWER SERVICES 1. Connections to existing City sanitary sewer mains for sanitary sewage service in this area will be provided in accordance with existing City policies. Upon connection, sanitary sewage service will be provided at rates established by City ordinances for such service throughout the City. 2. Sanitary sewage mains and/or lift stations installed or improved to City standards, located in dedicated easements, and which are within the annexed area and are connected to City mains will be maintained by the City of Wylie beginning within sixty (60) days of the effective date of the annexation ordinance. 3. As development and construction commence in this area, sanitary sewer mains of the City will be extended in accordance with provisions of the Subdivision Regulations and other applicable City ordinances and regulations. Such extensions will be commenced within two (2) years EXHIBIT "D" from the effective date of the annexation ordinance and substantially completed within four and one-half(4 1/2) years after that date. J. MISCELLANEOUS 1. Any facility or building located within the annexed area and utilized by the City in providing services to the area will be maintained by the City commencing upon the date of use or within sixty(60) days of the effective date of the annexation ordinance, whichever occurs later. 2. General municipal administrative services of the City shall be available to the annexed area beginning within sixty (60) days of the effective date of the annexation ordinance. 3. Notwithstanding, anything set forth above, this Service Plan does not require all municipal services be provided as set forth above if different characteristics of topography, land use and population density are considered a sufficient basis for providing different levels of service. 4. The Service Plan is valid for ten (10) years from the effective date of this Ordinance. 1. fi Wylie City Council air 777 :r. ,= AGENDA REPORT ,z ts$ orl Meeting Date: April 22, 2014 Item Number: I Department: Planning (City Secretary's Use Only) Prepared By: Renae' 011ie Account Code: Date Prepared: April 15, 2014 Budgeted Amount: Exhibits: 5 Subject Consider, and act upon, Ordinance No. 2014-13 annexing a certain 62 acres of land situated in the Francisco de la Pina Survey, Abstract No. A0688, Collin County, Texas, being comprised of the following tracts of land; a 1.500 acre tract of land conveyed to Dot Marie Kreymer recorded in Volume 5066, Page 02965, Collin County deed records, Collin County, Texas, a 3.465 acre tract of land conveyed to Crosscountry Villas, LLC, a Texas Limited Liability Company recorded in Clerk's File No. 20131120001562630, Real Property Records, Collin County, Texas, a 36.61 acre tract of land known as Tract I, A 0.49 acre tract of land known as Tract II conveyed to Crosscountry Villas, LLC, a Texas Limited Liability Company recorded in Clerk's File No. 20110812000853240, real property records, Collin County, Texas, a 4.00 acre tract of land conveyed to Crosscountry Villas, LLC recorded in Clerk's File No. 20130524000716080, real property records, Collin County, Texas, a total of 13.1309 acres of land and being Tract I (3.00 acres) and Tract II (10.1309 acres) conveyed to Robert Kreymer and wife, Phyllis Kreymer recorded in Volume 2967, Page 275, and being a part of a 10.1309 acre tract of land known as Tract I and a part of a 3.00 acre tract of land known as Tract II conveyed to Robert Kreymer and wife, Phyllis Kreymer recorded in Volume 2967, Page 268, deed records, Collin County, Texas; providing for a penalty for the violation of this ordinance; providing for the repeal of all ordinances in conflict; providing a severability clause; and providing for an effective date. Recommendation Motion to adopt. Ordinance No. 2014-13 annexing a certain 62 acres of land situated in the Francisco de la Pina Survey, Abstract No. A0688, Collin County, Texas, being comprised of the following tracts of land; a 1.500 acre tract of land conveyed to Dot Marie Kreymer recorded in Volume 5066, Page 02965, Collin County deed records, Collin County, Texas, a 3.465 acre tract of land conveyed to Crosscountry Villas, LLC, a Texas Limited Liability Company recorded in Clerk's File No. 20131120001562630, Real Property Records, Collin County, Texas, a 36.61 acre tract of land known as Tract I, A 0.49 acre tract of land known as Tract II conveyed to Crosscountry Villas, LLC, a Texas Limited Liability Company recorded in Clerk's File No. 20110812000853240, real property records, Collin County, Texas, a 4.00 acre tract of land conveyed to Crosscountry Villas, LLC recorded in Clerk's File No. 20130524000716080, real property records, Collin County, Texas, a total of 13.1309 acres of land and being Tract I (3.00 acres) and Tract II (10.1309 acres) conveyed to Robert Kreymer and wife, Phyllis Kreymer recorded in Volume 2967, Page 275, and being a part of a 10.1309 acre tract of land known as Tract I and a part of a 3.00 acre tract of land known as Tract II conveyed to Robert Kreymer and wife, Phyllis Kreymer recorded in Volume 2967, Page 268, deed records, Collin County, Texas, as provided for in Agenda Item I. (Rev 01/2014) Page 1 of 2 Page 2 of 2 Discussion Property Owner: Cross Country Villas,LLC Applicant: Douglas Properties,Inc. This annexation is at the request of property owners of three tracts of land. The subject tracts are contiguous to existing city limits on the western side, while properties to the north, south and east are within unincorporated Collin County. The applicant desires to bring the subject tracts into the city and eventually develop it as a combination of uses including, but not limited to assisted living, medical complexes, and single family dwellings. Before a municipality may begin annexation proceedings, the governing body of the municipality must conduct two (2)public hearings at which persons interested in the annexation are given the opportunity to be heard. The notice for each hearing must be published at least once on or after the 20th day but before the 10th day before the date of the hearing and must remain posted on the municipality's website until the date of the hearing. In compliance with state law, the following schedule has been adhered to: Notice published for Public Hearings March 12, 2014 and March 19, 2014 First Public Hearing March 25, 2014 Second Public Hearing April 8, 2014 Adoption of Ordinance April 22, 2014 Article 1, Section 3 of the Wylie City Charter authorizes the City Council to adjust boundaries. This annexation is being conducted in compliance with Sections 43.052 (h) (2) and 43.063 of the Local Government Code. By adoption of this ordinance and the attached Exhibits("A" Legal Description; Exhibit "B" Survey; Exhibit "C" Concept Plan; Exhibit "D" Service Plan), the property is temporarily classified as Ag/30 (Agricultural District) until permanent zoning is established by the Council in accordance with Article 8 of the City of Wylie Comprehensive Zoning Ordinance. ORDINANCE NO. 2014-13 AN ORDINANCE ANNEXING A CERTAIN 62 ACRES OF LAND SITUATED IN THE FRANCISCO DE LA PINA SURVEY, ABSTRACT NO. A0688, COLLIN COUNTY, TEXAS, BEING COMPRISED OF THE FOLLOWING TRACTS OF LAND; A 1.500 ACRE TRACT OF LAND CONVEYED TO DOT MARIE KREYMER RECORDED IN VOLUME 5066, PAGE 02965, COLLIN COUNTY DEED RECORDS, COLLIN COUNTY, TEXAS, A 3.465 ACRE TRACT OF LAND CONVEYED TO CROSSCOUNTRY VILLAS, LLC, A TEXAS LIMITED LIABILITY COMPANY RECORDED IN CLERK'S FILE NO. 20131120001562630, REAL PROPERTY RECORDS, COLLIN COUNTY, TEXAS, A 36.61 ACRE TRACT OF LAND KNOWN AS TRACT I, A 0.49 ACRE TRACT OF LAND KNOWN AS TRACT II CONVEYED TO CROSSCOUNTRY VILLAS, LLC, A TEXAS LIMITED LIABILITY COMPANY RECORDED IN CLERK'S FILE NO. 20110812000853240, REAL PROPERTY RECORDS, COLLIN COUNTY, TEXAS, A 4.00 ACRE TRACT OF LAND CONVEYED TO CROSSCOUNTRY VILLAS, LLC RECORDED IN CLERK'S FILE NO. 20130524000716080, REAL PROPERTY RECORDS, COLLIN COUNTY, TEXAS, A TOTAL OF 13.1309 ACRES OF LAND AND BEING TRACT I (3.00 ACRES) AND TRACT II (10.1309 ACRES) CONVEYED TO ROBERT KREYMER AND WIFE, PHYLLIS KREYMER RECORDED IN VOLUME 2967, PAGE 275, AND BEING A PART OF A 10.1309 ACRE TRACT OF LAND KNOWN AS TRACT I AND A PART OF A 3.00 ACRE TRACT OF LAND KNOWN AS TRACT II CONVEYED TO ROBERT KREYMER AND WIFE, PHYLLIS KREYMER RECORDED IN VOLUME 2967, PAGE 268, DEED RECORDS, COLLIN COUNTY, TEXAS; PROVIDING FOR A PENALTY FOR THE VIOLATION OF THIS ORDINANCE; PROVIDING FOR THE REPEAL OF ALL ORDINANCES IN CONFLICT; PROVIDING A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the City Council of the City of Wylie, Texas ("City Council") under the authority of Section 43.021. Local Government Code and the City of Wylie, Texas' (Wylie) Home Rule Charter, investigated and determined that it would be advantageous and beneficial to Wylie and its inhabitants to annex the below-described property(the "Property") to Wylie; and; Ordinance No.2014-13—Annexation—62 Acres—Francisco de la Pina Survey—Abstract No.A0688 Sub Tracts conveyed to Dot Marie Kreymer,Crosscountry Villas, &Robert Kreymer and wife,Phyllis Kreymer Page 1 of 3 WHEREAS, prior to conducting the public hearings required under Section 43.063, Local Government Code, the City Council also investigated and determined that the Property is within the extraterritorial jurisdiction of Wylie and is adjacent and contiguous to the existing city limits of Wylie; and WHEREAS, before the publication of the notice of the first public hearing regarding the annexation of the Property, the City Council directed the appropriate persons to prepare a service plan that provides for the extension of full municipal services to the Property to be annexed; and WHEREAS, the City Council finds that the service plan (EXHIBIT "D") has been prepared in full compliance with Section 43.056, Local Government Code, and has been made available for public inspection and was available for explanation to the inhabitants of the Property at the public hearings; and WHEREAS, the City Council finds that the field notes close the boundaries of the Property being annexed; and WHEREAS, the City Council has conducted at least two (2) public hearings at which persons interested in the annexation were given an opportunity to be heard regarding the proposed annexation and the proposed service plan; and WHEREAS, the City Council finds that the public hearings were conducted on or after the fortieth (40th) day but before the twentieth (20th) day before the date of institution of the annexation proceedings; and WHEREAS, the City Council finds it has completed the annexation process within ninety(90) days after the City instituted the annexation proceedings; and WHEREAS, the City Council finds that all legal notices, hearings, procedures and publishing requirements for annexation have been performed and completed in the manner and form set forth by law. NOW, THEREFORE BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF WYLIE, TEXAS: SECTION 1: That the Comprehensive Zoning Ordinance of the City of Wylie, Texas, be, and the same is hereby, amended by amending the Zoning Map of the City of Wylie, to give the hereinafter described property a new zoning classification of Agriculture/30 (A/30) District, said property being described in Exhibit "A" (Legal Description) and Exhibit "B" (Survey), and Exhibit"C" (Concept Plan) attached hereto and made a part hereof for all purposes. SECTION 2: That all ordinances of the City in conflict with the provisions of this Ordinance No. 2014-13—Annexation—62 Acres—Francisco de la Pina Survey—Abstract No.A0688 Sub Tracts conveyed to Dot Marie Kreymer,Crosscountry Villas, &Robert Kreymer and wife,Phyllis Kreymer Page 2 of 3 ordinance be, and the same are hereby, repealed and all other ordinances of the City not in conflict with the provisions of this ordinance shall remain in full force and effect. SECTION 3: That the above described property shall be used only in the manner and for the purposes provided for in the Comprehensive Zoning Ordinance of the City, as amended herein by the granting of this zoning classification. SECTION 4: Any person, firm or corporation violating any of the provisions of this ordinance or the Comprehensive Zoning Ordinance, as amended hereby, commits an unlawful act and shall be subject to the general penalty provisions of Section 1.5 of the Zoning Ordinance, as the same now exists or is hereafter amended. SECTION 5: Should any paragraph, sentence, subdivision, clause, phrase or section of this ordinance be adjudged or held to be unconstitutional, illegal or invalid, the same shall not affect the validity of this ordinance as a whole or any part or provision thereof, other than the part so declared to be invalid, illegal or unconstitutional, and shall not affect the validity of the Comprehensive Zoning Ordinance as a whole. SECTION 6: This ordinance shall be in full force and effect from and after its adoption by the City Council and publication of its caption as the law and the City Charter provide in such cases. SECTION 7: The repeal of any ordinance, or parts thereof, by the enactment of this Ordinance, shall not be construed as abandoning any action now pending under or by virtue of such ordinance; nor shall it have the effect of discontinuing, abating, modifying or altering any penalty accruing or to accrue, nor as effecting any rights of the municipality under any section or provisions of any ordinances at the time of passage of this ordinance. DULY PASSED AND APPROVED by the City Council of the City of Wylie, Texas, this 22nd day of April, 2014. Eric Hogue, Mayor ATTEST: Carole Ehrlich, City Secretary DATE OF PUBLICATION:April 30, 2014 in the Wylie News Ordinance No.2014-13—Annexation—62 Acres—Francisco de la Pina Survey—Abstract No.A0688 Sub Tracts conveyed to Dot Marie Kreymer,Crosscountry Villas, &Robert Kreymer and wife,Phyllis Kreymer Page 3 of 3 DEED DESCRIPTION BEING a 61.989 acre tract or parcel of land situated in the Francisco De La Pina Survey, Abstract No.688 in the City of Wylie, Collin County,Texas, and being comprised of the following tracts of land; a 1.500 acre tract of land conveyed to DOT MARIE KREYMER recorded in Volume 5066,Page 02965, Collin County Deed Records, Collin County,Texas, a 3.465 acre tract of land conveyed to Crosscountry Villas, LLC,a Texas limited liability company recorded in Clerk's File No.20131120001562630, Real Property Records, Collin County,Texas,a 36.61 acre tract of land known as Tract I, a 0.49 acre tract of land known as Tract II both Tracts of land conveyed to CROSSCOUNTRY VILLAS, L.L.C.,a Texas limited liability company recorded in Clerk's File No. 20110812000853240, Real Property Records, Collin County,Texas, a 4.00 acre tract of land conveyed to Crosscountry Villas, LLC recorded in Clerk's File No. 20130524000716080,Real Property Records, Collin County,Texas, a total of 13.1309 acres of land and being Tract l(3.00 acres) and Tract II (10.1309 acres) conveyed to ROBERT KREYMER and wife, PHYLLIS KREYMER recorded in Volume 2967, Page 275, and being a part of a 10.1309 acre tract of land known as Tract I and a part of a 3.00 acre tract of land known as Tract II conveyed to ROBERT KREYMER AND WIFE, PHYLLIS KREYMER Recorded in Volume 2967, Page 268, Deed Records, Collin County,Texas and being more particularly described as follows: BEGINNING at the southeast corner of that tract of land described to Crosscounty Villas, LLC recorded in Clerk's File No. 20131120001562630 and being in the approximate centerline of County Road 382; THENCE North 89 degrees 34 minutes 52 seconds West,a distance pf 427.87 feet along the south line of said Crosscounty Villas, LLC to the southeast corner of that tract of land described to CROSSCOUNTRY VILLAS L.L.C., recorded in County Clerk's file No. 201181200053240 Real Property Records,Collin County,Texas; THENCE along the southerly and westerly line of said CROSSCOUNTRY VILLAS L.L.C.tract the following courses and distances: South 89 degrees 52 minutes 06 seconds West, a distance of 295.63 feet; North 89 degrees 18 minutes 02 seconds West, a distance of 804.71 feet; South 89 degrees 52 minutes 38 seconds West, a distance of 679.48 feet to the southwest corner of said CROSSCOUNTRY VILLAS L.L.C.Tract; North 00 degrees 21 minutes 29 seconds West a distance of 648.73 feet; South 89 degrees 43 minutes 13 seconds East, a distance of 263.10; North 00 degrees 16 minutes 47 seconds East, a distance of 118.84; South 89 degrees 43 minutes 13 seconds East, a distance of 414.86; North 00 degrees 16 minutes 47 seconds East, a distance of 210.47; South 89 degrees 45 minutes 00 seconds East a distance of 195.20 feet to the southwest corner of aforementioned 10 1309 acre Tract II conveyed to ROBERT KREYMER and wife, PHYLLIS KREYMER recorded in Volume 2967, Page 275, Deed Records, Collin county,Texas; THENCE North 00 degrees 14 minutes 16 seconds East, a distance of 532.19 feet along the west line of said KREYMER tract and the west line of aforementioned KREYMER 10.1309 acre tract conveyed in Volume 2967,Page 268, Deed Records Collin County,Texas; THENCE over and across said KREYMER 10.1309 acre tract and the 3.00 acre tract conveyed in Volume 2967, Page 268, Deed Records Collin County,Texas; South 76 degrees 11 minutes 00 seconds East,a distance of 419.07 feet; North 13 degrees 54 minutes 40 seconds East, a distance of 235.02 feet; THENCE South 76 degrees 11 minutes 34 seconds East a distance of 899.29 feet to the northeast corner of herein described tract and being in the approximate center of County Road 382; THENCE along or near the center of County Road 382 and the easterly lines of the following: all aforementioned KREYMER tracts recorded in Volume 2967, Page 268,Volume 2967, Page 275 and Volume 5066, Page 2963, Deed Records, Collin County,Texas, and all aforementioned CROSSCOUNTRY VILLAS L.L.C.Tracts recorded in County Clerk's Files No.'s 20130524000716080, 20131120001562630 and 20110812000853240 of the Real Property Records of Collin County,Texas; South 00 degrees 00 minutes 58 seconds East, a distance of 449.46 feet; South 00 degrees 08 minutes 20 seconds West, a distance of 474.02 feet; THENCE South 00 degrees 06 minutes 57 seconds West a distance of 506.81 feet to the POINT OF BEGINNING and containing 61.990 acres more or less. THE ABOVE 61.990 ACRE DESCRIPTION IS A COMBINATION OF THE ABOVE ADJOINING DEEDS.THIS DESCRIPTION IS FOR INFORMATION PURPOSES ONLY. NO SURVEY HAS BEEN PREFORMED ON THE GROUND AND THIS DOCUMENT IS NOT TO BE RECORDED FOR ANY PURPOSE , 4.30(0.1.34.74,10:&:„. HARRY L. DICKENS 5939 of a° i i x . x s s s s # s ii if , # CW0 114411111!" I i a i i _ i 5 1 1 ! s a i a 1 S 1 11 m hid ippi vii 1 1111 I I 1 I{ {� I { 1P ` i i r°� i I �s ...! p. #i PF '-'F a! M i li ti i # 11 ! f € Z t 5 e x #a 6b4;41 « all11111i111111114111111111111a111111i J10, vts ,�i0a l EiF,li� I i a -( a a s " s{ "{ A s s i ajs z S `� S fl. 11111 a� II Ii 1111 B ft 1111 H 111111 !.. ls:11!Iilli!I1IIih 1l " Ii 11' ! V iii111i11 11ha i hill 1i li 11 11 ] g 111 9 9 f 13 11 1 a a i P _ �!1iJ 7IT/ is. 1AI •H � - .9f'6M 3.95_OOAOS QYl:& ,ZO'YL, M.OZ,90.00* _ 9M?Ls ,l9'BOS M.GG,90.00S a:s' :n: r.ar�i. I 1 l• R l i i I; !1i li P V y I 1 . N hi !III ��f " 111 I t 1 i VII I g1 ss� rJ —Arm 3.91,E 1.80N — X 1 1 f a iL _Ia I —=-f— F �-".—.1 .....4,) ! YI I t ' .1 C11, 1 1 Is Ill' 1.'77. � I� —L r O WilI + e _r__ J.. l.,:., ::, w 9L'9!9 M 6Z tafiii;H 'L ....... A I 2,17171,1,14!:5•1 c 2013 Westwood Professional Services, Inc. DEED DESCRIPTION cc S.N. No. 78 •,,,/. d 0 40ra FAQ'ELECTRIC COOPERATIVE WC. BEING a 61.989 acre tract or parcel of land situated in the Francisco De La Pina Survey, ro ao' m w° m 87 Abstract No.688 in the City of Wylie, Collin County, Texas, and being comprised of the DRCCT sitosto co following tracts of land; a 1.500 acre tract of land conveyed to DOT MARIE KREYMER 0? E. Brown Street ;5. m et rig: >, recorded in Volume 5066, Page 02965, Collin County Deed Records, Collin County, Texas, a o .?" L 3.465 acre tract of land conveyed to Crosscountry Villas, LLC, a Texas limited liability o a oII • > r > °� company recorded in Clerk's File No. 20131120001562630, Real Property Records, Collin AL yyy y, N 13 54 40 E 235.02 - s>sy +i = tia, 1'3¢" o a� County,Texas, a 36.61 acre tract of land known as Tract I, a 0.49 acre tract of land known vat 5BA?i Pep! '-` lav `s 350.08 awketio $� as Tract II both Tracts of land conveyed to CROSSCOUNTRY VILLAS, L.L.C., a Texas limited _N • DRCCT. ittI `. s�11 '3,¢>,0,58‘ f a in \ E. Stone Drive 8 liability company recorded in Clerk's File No. 20110812000853240, Real Property Records, MitiiitViettiatMOVA 99.29> Collin County,Texas, a 4.00 acre tract of land conveyed to Crosscountry Villas, LLC S`� > 578, recorded in Clerk's File No. 20130524000716080, Real Property Records, Collin County, GRAPHIC SCALE 1"=100' 8 / SUBJECT CT s•1 t 00"f tT34" S#g Texas, a total of 13.1309 acres of land and being Tract I (3.00 acres) and Tract II (10.1309 Alanis Drive - 4I9,07, - 27 acres) conveyed to ROBERT KREYMER and wife, PHYLLIS KREYMER recorded in Volume 100 0 100 200 ,614,6460,716 04. 2967, Page 275, and being a part of a 10.1309 acre tract of land known as Tract land a part ,�, - - - - of a 3.00 acre tract of land known as Tract II conveyed to ROBERT KREYMER AND WIFE, i 44, PI�i4S _ - PARXAROS4 LTD. PHYLLIS KREYMER Recorded in Volume 2967, Page 268, Deed Records, Collin County, R. ... ' NEORU ENTAa Texas and being more particularly described as follows: VICINITY MAP /1�7FL�G/TNa `o 20QB � BEGINNING at the southeast corner of that tract of land described to Crosscounty Villas, NOT TO SCALE 2� t' DRCCT. ORQQT46,844108,P448,4110111101841840,414 1! - LLC recorded in Clerk's File No. 20131120001562630 and being in the approximate La - , id* of County Road 382; TRACTS .4- torn THENCE North 89 degrees 34 minutes 52 seconds West, a distance pf 427.87 feet along lili:111:1? 10009 Aare in i Si";Li iiii iii;ititil i TRACT A - `r it the south line of said Crosscounty Villas, LLC to the southeast corner of that tract of land 434005 Squarer Feet bal �,�� W described to CROSSCOUNTRY VILLAS L.L.C., recorded in County Clerk's file No. QATED WEPE NT LIVNVO z Squire N OAPoIER LEWIS K„.; 2OX9978qusre Fsef 03 201181200053240 Real Property Records, Collin County, Texas; o n Valens Peps � of O THENCE along the southerly and westerly line of said CROSSCOUNTRY VILLAS L.L.C. tract ORCCT. vs 9 the following courses and distances: 18 N South 89 degrees 52 minutes 06 seconds West, a distance of 295.63 feet; g ag ,,, ,, „, „,, ,,,,,,. , .4„,.„„ws,,,„,,,,A,,,,,,„,,,,,,,,,,,,, oilleiWie North 89 degrees 18 minutes 02 seconds West, a distance of 804.71 feet; S89'45'00"E 19 -� aim ..,, x witriotefattenr7/1,14441anonsfeAp hilleo. r„.". pon ens ...4, 4n o eAlietillirEterritli.11.1044.Callienkm,,,,,jp,e area at! firs � South 89 degrees 52 minutes 38 seconds West, a distance of 679.48 feet to the southwest corner of said CROSSCOUNTRY VILLAS L.L.C. Tract; DR IfORTON TEXAS North 00 degrees 21 minutes 29 seconds West a distance of 648.73 feet; NB7FiUIENT Na 7 14. �` I South 89 degrees 43 minutes 13 seconds East, a distance of 263.10; 2004062500094410 / LAIIYDALE g ORCCT N00'1 • 1 0.47'---- A�1oDONALD North 00 degrees 16 minutes 47 seconds East, a distance of 118.84; to-p4.0,4momatio - TODD and KIN BRAA�R ` '� / R=325.00 DRCCT. South 89 degrees 43 minutes 13 seconds East, a distance of 414.86; Jy87RUMENTNa 2007'80800107 9090 ! L=284.14' ew e.0 and KIM BRAANER T-t51.87 North 00 degrees 16 minutes 47 seconds East, a distance of 210.47; H0044001007 /497/i N16VTAb QRCCT CH=275.17' itmeettetwitutteanis*mot 20070808000779000 A=50105'21" I South 89 degrees 45 minutes 00 seconds East a distance of 195.20 feet to the DRQCT lidaWiaBstaCB=S65'02'57'W southwest corner of aforementioned 10.1309 acre Tract II conveyed to ROBERT ,JOE and . S89'43'13"E 414.86' I d KREYMER and wife, PHYLLIS KREYMER recorded in Volume 2967, Page 275, Deed TOLLESON a '47"E 118ielato .84'--- Att • 3 DANIEL A. RLSLI Records, Collin county,Texas; FILENG ': > %':c • _ _ _ _ _ pT THENCE North 00 degrees 14 minutes 16 seconds East, a distance of 532.19 feet along the 20100122000070150 DRCCT. / west line of said KREYMER tract and the west line of aforementioned KREYMER 10.1309 '43'13"E 263.10' / 0 acre tract conveyed in Volume 2967, Page 268, Deed Records Collin County,Texas; 15, JOIN A ends r _ _ _ _ y TOUCHSTONE THENCE over and across said KREYMER 10.1309 acre tract and the 3.00 acre tract ,..: conveyed in Volume 2967, Page 268, Deed Records Collin County, Texas; YATES . ROAD RE A>a 98 00 - South 76 degrees 11 minutes 00 seconds East, a distance of 419.07 feet; i pRCCT ; North 13 degrees 54 minutes 40 seconds East, a distance of 235.02 feet; la amp P0800 ti: sII ,• / I 5 THENCE South 76 degrees 11 minutes 34 seconds East a distance of 899.29 feet to the: 1;4 0:41:::::::::::::::::::::::40 691 northeast corner of herein described tract and being in the approximate center of County taltalernipp fro ` )4431061,OVA Road 382; ABBY GAY /e e• C SffE E Va1ms 878Q peps - b 2 THENCE along or near the center of County Road 382 and the easterly lines of the 44:011:44 ORCCT. Tar 4aAar 6 I — — L77 8 following: all aforementioned KREYMER tracts recorded in Volume 2967, Page 268, ( s BAY Volume 296fore entie 275oned and Volume RY 066, Page L.L.C.296rDacd Records, nlCo County ty,Clerk's Texas, MI wane 4 and all aforementioned CROSSCOUNTRY VILLAS LLC Tracts recorded in County Clerk's GUY L. and I- 141114; IP. 6 Files No.'s 20130524000716080, 20131120001562630 and 20110812000853240 of the CATES \ 0^f) 3 DR-C;T. ' Real Property Records of Collin County, Texas; 44V-/ygipf, ///ya, ` ti:::::::::144,7:::$44::::::::117:!,!.: Mill © South 00 degrees 00 minutes 58 seconds East, a distance of 449.46 feet; e'G070627gOG9BC190 eStrAil6niAl \\\\ ' South 00 degrees 08 minutes 20 seconds West, a distance of 474.02 feet, DRC;C;T. 4 8 THENCE South 00 degrees 06 minutes 57 seconds West a distance of 506.81 feet to the sics w \ / / POINT OF BEGINNING and containing 61.990 acres more or less. tl4L" v --------47 / • - — — — — — — — _ Mil � HILLTOP cn ` amiloye r0 CIRCLE astiv.Asto ,, . . vostostitfo.44•1,4,y. 14 ,T, it ems bwerit „,,,,..„„„„„,,,,„,,,,...„,,,,,,,,,,A,,,,,,b.,„ pito f 2 JOIN and YANYU •: - INTte(netarlaill Oa s EAKiLAR mVow S89'52'06"W 295. 3' N89'34'52"W 427.87' -_____________— PLACE OFr ORCCT. S. • MEREDITh/PACKARD N�LI4M J. :'� j 11 KA7} EEN AL KERN CARROt CALYIN HOLLEY PRANCES MORGAN WESLEY C .1011E3 NORTH BAY ESTA • - 35 CONCEPT PLAN BE7}lANY LYI1�V PACKARD PHYLLIS J. : VaYms 4TJCS Pestops 1094 and BEVERLY KAY HOLLEY A87NI VT Na FIE ENat ga-001784s PHASE 2 of F�ENa9aoaea FZEnragfaoe DRCCT. V ne Pea DRCCT. 34DRCCT. 61 .990ACRES DRCCT. DRCCT. DRDGT. OJ�CCT OUT OF THE -- --- FRANCISCO DE LA PINA SURVEY, ABSTRACT NO. 688 Nsp.vtrach4 . . ,a - IN COLLIN COUNTY, TEXAS ENGINEER/SURVEYOR: 2740 North Dallas Parkway TIPTON ENGINEERING Suite 280 Plano, Texas 75093 01 a division of Westwood 214 473-4640 M Firm No. F-11756 MARCH 11 , 2014 0003172 City Concept Plan.dwg EXHIBIT "D" CITY OF WYLIE, TEXAS SERVICE PLAN FOR ANNEXED AREA CROSS COUNTRY VILLAS TRACT ANNEXATION ORDINANCE NO.: Ordinance No. 2014-13 DATE OF ANNEXATION ORDINANCE: 04/22/2014 a. Section 551.071. Meeting with City Attorney to receive legal advice regarding the following pending litigation, including but not limited to, any settlement offers related thereto: i. Cause No. 416-00942-2010; Wylie Independent School District v. Bernadette R. Reynolds, a/k/a Bernadette Reynolds, Barbara Ginder (in rem only) and the City of Wylie, Texas, in the 416th Judicial District Court of Collin County, Texas; and ii. Cause No. 429-02637-2013; City of Wylie, Texas v. Jose Francisco Luevano, Yolando Luevano, in rem and in personam, Wells Fargo Home Mortgage, Inc., Federal Home Loan Mortgage Corp., and Wells Fargo Bank, N.A., in the 429th Judicial District Court of Collin County, Texas. ACREAGE ANNEXED: 61.990 acres SURVEY, ABSTRACT & COUNTY: Francisco De La Pina Survey, Abstract No. A0688, Collin County, Texas Municipal Services to the acreage described above shall be furnished by or on behalf of the City of Wylie, Texas (the "City"), at the following levels and in accordance with the following schedule: A. POLICE SERVICE 1. Patrolling, responses to calls and other routine police services, within the limits of existing personnel and equipment and in a manner consistent with any of the methods of the City, extends police service to any other area of the municipality, will be provided within sixty (60) days of the effective date of the annexation ordinance. 2. As development and construction commence in this area, sufficient police personnel and equipment will be provided to furnish this area the maximum level of police services consistent with the characteristics of topography, land utilization and population density within the area as determined by the City Council within four and one-half (4-1/2) years from the effective date of the annexation ordinance, or upon commencement of development within the area, whichever occurs later. 3. Upon ultimate development of the area, the same level of police services will be provided to this area as are furnished throughout the City. EXHIBIT "D" FIRE SERVICES 1. Fire protection by the present personnel and the present equipment of the Fire Department, within the limitations of available water and distances from existing fire stations, and in a manner consistent with any of the methods of the City, extends fire service to any other area of the municipality, will be provided to this area within sixty (60) days of the effective date of the annexation ordinance. 2. As development and construction commence in this area, sufficient fire and emergency ambulance equipment will be provided to furnish this area the maximum level of fire services consistent with the characteristics of topography, land utilization and population density within the area as determined by the City Council within four and one-half (4-1/2) years from the effective date of the annexation ordinance, or upon commencement of development within the area, whichever occurs later. 3. Upon ultimate development of the area, the same level of fire and emergency ambulance services will be provided to this area as are furnished throughout the City. C. ENVIRONMENTAL HEALTH AND CODE ENFORCEMENT SERVICES 1. Enforcement of the City's environmental health ordinances and regulations, including but not limited to, weed and brush ordinances, junked and abandoned vehicle ordinances and animal control ordinances, shall be provided within this area sixty (60) days of the effective date of the annexation ordinance. These ordinances and regulations will be enforced through the use of existing personnel. 2. Complaints of ordinance or regulation violations within this area will be answered and investigated within sixty (60) days of the effective date of the annexation ordinance. 3. Inspection services, including the review of building plans, the issuance of permits and the inspection of all buildings, plumbing, mechanical and electrical work to ensure compliance with City codes and ordinances will be provided within sixty (60) days of the effective date of the annexation ordinance. Existing personnel will be used to provide these services. 4, The City's zoning, subdivision, sign and other ordinances shall be enforced in this area beginning within sixty (60) days of the effective date of the annexation ordinance. 5. All inspection services furnished by the City, but not mentioned above, will be provided to this area beginning within sixty (60) days of the effective date of the annexed ordinance. 6. As development and construction commence in this area, sufficient personnel will be provided to furnish this area the same level of EXHIBIT "D" Environmental Health and Code Enforcement Services as are furnished throughout the City. D. PLANNING AND ZONING SERVICES The planning and zoning jurisdiction of the City will extend to this area within sixty (60) days of the effective date of the annexation ordinance. City planning will thereafter encompass this property, and it shall be entitled to consideration for zoning in accordance with the City's Comprehensive Zoning Ordinance and Comprehensive Plan. E. PARK AND RECREATION SERVICES 1. Residents of this property may utilize all existing park and recreational services, facilities and sites throughout the City, beginning within sixty (60) days of the effective date of the annexation ordinance. 2. Additional facilities and sites to serve this property and its residents will be acquired, developed and maintained at locations and times provided by applicable plans for providing parks and recreation services to the City. 3. Existing parks, playgrounds, swimming pools and other recreational facilities within this property shall, upon dedication to and acceptance by the City, be maintained and operated by the City of Wylie, but not otherwise. F. SOLID WASTE COLLECTION 1. Solid waste collection shall be provided to the property in accordance with existing City policies, beginning within sixty (60) days of the effective date of the annexation ordinance. Residents of this property utilizing private collection services at the time of annexation shall continue to do so until it becomes feasible because of increased density of population to serve the property municipally. Commercial refuse collection services will be provided to any business located in the annexed area at the same price as presently provided for any business customer within the City, upon request. 2. As development and construction commence in this property and population density increases to the property level, solid waste collection shall be provided to this property in accordance with the current policies of the City as to frequency, changes and so forth. 3. Solid waste collection shall begin within sixty (60) days of the effective date of the annexation ordinance. G. STREETS EXHIBIT "D" 1. The City's existing policies with regard to street maintenance, applicable throughout the entire City, shall apply to this property beginning within sixty(60) days of the effective date of the annexation ordinance. Unless a street within this property has been constructed or is improved to the City's standards and specifications, that street will not be maintained by the City. 2. As development, improvement or construction of streets to City standards commences within this property, the policies of the City with regard to participation in the costs thereof, acceptance upon completion and maintenance after completion, shall apply. 3. The same level of maintenance shall be provided to streets within this property which have been accepted by the City as is provided to City streets throughout the City. 4. Street lighting installed on streets improved to City standards shall be maintained in accordance with current City policies. H. WATER SERVICES 1. Connection to existing City water mains for water service for domestic, commercial and industrial use within this property will be provided in accordance with existing City policies. Upon connection to existing mains, water will be provided at rates established by City ordinances for such service throughout the City. 2. As development and construction commence in this property, water mains of the City will be extended in accordance with provisions of the Subdivision Regulations and other applicable ordinances and regulations. City participation in the costs of these extensions shall be in accordance with the applicable City ordinances and regulations. Such extensions will be commenced within two (2) years from the effective date of the annexation ordinance and substantially completed with four and one-half (4 1/2)years after that date. 3. Water mains installed or improved to City standards which are within the annexed area and are within dedicated easements shall be maintained by the City of Wylie beginning within sixty (60) days of the effective date of the annexation ordinance. 4. Private water lines within this property shall be maintained by their owners in accordance with existing policies applicable throughout the City. I. SANITARY SEWER SERVICES 1. Connections to existing City sanitary sewer mains for sanitary sewage service in this area will be provided in accordance with existing City EXHIBIT "D" policies. Upon connection, sanitary sewage service will be provided at rates established by City ordinances for such service throughout the City. 2. Sanitary sewage mains and/or lift stations installed or improved to City standards, located in dedicated easements, and which are within the annexed area and are connected to City mains will be maintained by the City of Wylie beginning within sixty (60) days of the effective date of the annexation ordinance. 3. As development and construction commence in this area, sanitary sewer mains of the City will be extended in accordance with provisions of the Subdivision Regulations and other applicable City ordinances and regulations. Such extensions will be commenced within two (2) years from the effective date of the annexation ordinance and substantially completed within four and one-half(4 1/2)years after that date. J. MISCELLANEOUS 1. Any facility or building located within the annexed area and utilized by the City in providing services to the area will be maintained by the City commencing upon the date of use or within sixty(60) days of the effective date of the annexation ordinance, whichever occurs later. 2. General municipal administrative services of the City shall be available to the annexed area beginning within sixty (60) days of the effective date of the annexation ordinance. 3. Notwithstanding, anything set forth above, this Service Plan does not require all municipal services be provided as set forth above if different characteristics of topography, land use and population density are considered a sufficient basis for providing different levels of service. 4. The Service Plan is valid for ten (10) years from the effective date of this Ordinance. uF Wit, . Wylie City Council ?vR�M; AGENDA REPORT q. ,,;Is$ Meeting Date: April 24, 2014 Item Number: 1. Department: City Manager (City secretary's Use Only) Prepared By: Jeff Butters Account Code: 100-5155-58810 Date Prepared: 04-08-2014 Budgeted Amount: NA Exhibits: Resolution Subject Consider and act upon, a Resolution No. 2014-08(R) of the City Council of the City of Wylie, Texas, authorizing the sale of certain real property; authorizing the solicitation of bids in connection with same; providing for repealing, savings and severability clauses; and providing for an effective date. Recommendation Motion to approve, Resolution No. 2014-08(R) of the City Council of the City of Wylie, Texas, authorizing the sale of certain real property; authorizing the solicitation of bids in connection with same; providing for repealing, savings and severability clauses; and providing for an effective date. Discussion The Bart Pedicord Community Center is located at 100 E Oak Street. 108 and 110 N. Jackson Street are the two lots which comprise the parking lot North of the Bart Pedicord Center and adjacent to the Laundry Mat. Staff received direction from Council to bring forward the possible sale of this property for consideration During an Executive Session on 03-11-201.4. Page 1 of 1 RESOLUTION NO. 2014-08(R) A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WYLIE, TEXAS, AUTHORIZING THE SALE OF CERTAIN REAL PROPERTY; AUTHORIZING THE SOLICITATION OF BIDS IN CONNECTION WITH SAME; PROVIDING FOR REPEALING, SAVINGS AND SEVERABILITY CLAUSES; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the City of Wylie, Texas ("City") is the owner of the following real property, together with the improvements thereon: (1) a tract of land containing approximately .34805 ± acres, lots 11 and 12 of Block 1, Keller's First Addition, an addition to the City of Wylie, Collin County, Texas, according to the plat recorded in Volume 29, Page, 349, Map Records, Collin County, Texas, and located at 100 E. Oak Street, Wylie, Texas 75098; (2) a tract of land containing approximately_.173955 ± acres, lot 14 of Block 1, Keller's First Addition, an addition to the City of Wylie, Collin County, Texas, according to the plat recorded in Volume 29, Page, 349, Map Records, Collin County, Texas, and located at 108 N. Jackson Avenue, Wylie, Texas 75098; and (3) a tract of land containing approximately .173955 ± acres, lot 15 of Block 1, Keller's First Addition, an addition to the City of Wylie, Collin County, Texas, according to the plat recorded in Volume 29, Page, 349, Map Records, Collin County, Texas, and located at 110 N. Jackson Avenue, Wylie, Texas 75098 (collectively, "Property"); and WHEREAS, the City Council of the City of Wylie, Texas ("City Council") has investigated and determined that it is in the best interest of the City and its citizens to sell the Property; and WHEREAS, the City Council is authorized to sell the Property pursuant to Section 253.008, TEX. Loc. Gov'T CODE; and WHEREAS, the City Council may solicit sealed bids for the potential sale of the Property in accordance with Section 272.001, TEx. LOC. GOv'T CODE; and WHEREAS, the City Council is not obligated to accept any bid or offer or to complete a sale or exchange of the Property pursuant to Section 272.001(d), TEx. Loc. Gov'T CODE; and WHEREAS, the City Council has investigated and determined that it is in the best interest of the City and its citizens to authorize the solicitation of bids for the potential sale of the Property as provided herein. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF WYLIE, TEXAS: SECTION 1: Findings Incorporated. The findings set forth above are incorporated into the body of this Resolution as if fully set forth herein. Resolution No.2014-08(R)—Solicitation of Bid-Sale of Real Property PAGE 1 OF 3 SECTION 2: Solicitation of Competitive Sealed Bids for Sale of Property. The City Council finds that it is in the best interest of the City and its citizens to solicit competitive sealed bids for the potential sale of the Property. The City Council finds that it is not obligated to accept any bid or offer or to complete a sale or exchange of the Property pursuant to Section 272.001(d), TEX. Loc. GOV'T CODE. SECTION 3: Authority of the City Manager. The City Manager, or her designee, is hereby authorized and directed to publish notice and solicit competitive sealed bids for the potential sale of the Property in accordance with the procedures set forth in Section 272.001, TEX. Loc. GOV'T CODE, and to present the highest responsive, responsible bid to the City Council. The City Manager, or her designee, is further authorized to contract, on behalf of the City Council, with professional appraisers for appraisal services needed by the City from time to time in connection with the evaluation of the potential sale of the Property. The City Council hereby ratifies any contracts entered into, prior to the effective date of this Resolution, by the City Manager, or her designee, with professional appraisers for appraisal services needed for the evaluation of the potential sale of the Property made the subject of this Resolution. SECTION 4: Approval of Competitive Sealed Bid Award Method. The City Council hereby approves the competitive sealed bid award methodology of highest responsive, responsible bidder. SECTION 5: Severability. Should any section, subsection, sentence, clause and/or phrase of this Resolution be declared unconstitutional and/or invalid by a court of competent jurisdiction, it is expressly provided that any and all remaining portions of this Resolution shall remain in full force and effect. The City hereby declares that it would have passed this Resolution, and each section, subsection, clause and/or phrase thereof irrespective of the fact that any one or more sections, subsections, sentences, clauses and/or phrases may be declared unconstitutional and/or invalid. SECTION 6: Savings/Repealing Clause. All provisions of any resolution in conflict with this Resolution are hereby repealed to the extent they are in conflict. Any remaining portion of conflicting resolutions shall remain in full force and effect. SECTION 7: Effective Date. This Resolution shall become effective immediately upon. its passage. [The remainder of this page intentionally left blank.] Resolution No. 2014-08(R)—Solicitation of Bid- Sale of Real Property PAGE 2 OF 3 DULY PASSED AND APPROVED BY THE CITY COUNCIL OF THE CITY OF WYLIE, TEXAS on this 22nd day of April, 2014. Eric Hogue, Mayor ATTEST: Carole Ehrlich, City Secretary Resolution No.2014-08(R)—Solicitation of Bid-Sale of Real Property PAGE 3 OF 3 OF Wit, r Wylie City Council � r .� R..fMs; AGENDA REPORT ,,;Ist Meeting Date: April 22, 2014 Item Number: 2. Department: Finance (City Secretary's Use Only) Prepared By: Finance Account Code: Date Prepared: April 9, 2014 Budgeted Amount: Exhibits: Subject Consider, and act upon, Ordinance No. 2014-14 amending Ordinance No. 2013-35, which established the Budget for Fiscal Year 2013-2014; repealing all conflicting ordinances; providing for a severability clause; and providing for an effective date. Recommendation Motion to approve, Ordinance No. 2014-14 amending Ordinance No. 2013-35, which established the Budget for Fiscal Year 2013-2014; repealing all conflicting ordinances; providing for a severability clause; and providing for an effective date. Discussion The Mid-Year Budget amendments are generally intended to cover unanticipated and/or unavoidable revenue and expenditure adjustments to the adopted budget. The detail is attached for the requested items which are located within the General Fund, Wylie Economic Development Corporation, Utility Fund, Fire Development Fund, Federal Seizure Funds and Hotel Tax Fund. The requests are further defined as neutral (matching revenues to expenditures), revenue increases or expenditure increases. Included in these Mid-Year amendments are funds for personnel overtime or items used to respond to needs during the December ice storm. Page 1 of 1 ORDINANCE NO. 2014-14 AN ORDINANCE OF THE CITY OF WYLIE, TEXAS, AMENDING ORDINANCE NO. 2013-35, WHICH ESTABLISHED THE BUDGET FOR FISCAL YEAR 2013-2014; REPEALING ALL CONFLICTING ORDINANCES; PROVIDING FOR A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the City Council heretofore adopted Ordinance No. 2013-35 setting forth the Budget for Fiscal Year 2013-2014 beginning October 1, 2013, and ending September 30, 2014; and, WHEREAS, the City Departments and Divisions routinely review their budget appropriations to determine if any changes are necessary; and WHEREAS, based upon said review the City staff now recommends that certain amendments to the Budget be considered by the City Council; and, WHEREAS, the City Council has the authority to make amendments to the City Budget under Article VII, Section 4 of the City Charter, as well as State law; and, WHEREAS, the City Council has determined that the proposed amendments to the FY 2013-2014 Budget, with the revenues and expenditures therein contained, is in the best interest of the City; and therefore, desires to adopt the same by formal action. NOW, THEREFORE, BE IT ORDAINED BY THE GOVERNING BODY OF THE CITY OF WYLIE, TEXAS: SECTION I: The proposed amendments to the FY2013-2014 Budget of the City of Wylie, as heretofore adopted by Ordinance No. 2013-35, are, completely adopted and approved as amendments to the said FY2013-201.4 Budget. SECTION II: All portions of the existing FY2013-2014 Budget and Ordinance No. 2013-35, except as specifically herein amended, shall remain in full force and effect, and not be otherwise affected by the adoption of the amendatory ordinance. SECTION III: Should any paragraph, sentence, sub-division, clause, phrase or section of this ordinance be adjudged or held to be unconstitutional, illegal or invalid, the same shall not affect the validity of this ordinance as a whole or any part or provision thereof, other than the part or parts as declared to be invalid, illegal, or unconstitutional. SECTION IV: This ordinance shall be in full force and effect from and after its adoption by the City Council and publication of its caption as the law and the City Charter provide in such cases. Ordinance No.2014-14—Mid-Year Budget Amendment FY2013-2014 Page 1 of 2 SECTION V: That all other ordinances and code provisions in conflict herewith are hereby repealed to the extent of any such conflict or inconsistency and all other provisions of the Wylie City Code not in conflict herewith shall remain in full force and effect. SECTION VI: The repeal of any ordinance, or parts thereof, by the enactment of the Ordinance, shall not be construed as abandoning any action now pending under or by virtue of such ordinance; nor shall it have the effect of discontinuing, abating, modifying or altering any penalty accruing or to accrue, nor as affecting any rights of the municipality under any section or provision of any ordinances at the time of passage of this ordinance. DULY PASSED AND APPROVED by the City Council of the City of Wylie, Texas, this 22nd day of April, 2014. Eric Hogue, Mayor ATTEST: Carole Ehrlich, City Secretary Ordinance No.2014-14—Mid-Year Budget Amendment FY2013-2014 Page 2 of 2 City of Wylie FY 2014 Mid-Year Adjustments Fund/Account Account Desription Mid-Year Description Amount Additional Description 100-5132-54910 Buildings Reroof of Fire Station#2 17,130 Funds Received in Prior FY 100-5132-54910 Buildings HVAC Repair&Addition at PSB 11,520 100-5155-54810 Tools/Equipment 2013 Dell License Agreement 60,186 100-5211-52710 Wearing Apparel New Uniforms 13,000 Funded from State Seizures 100-5211-52130 Tools/Equipment Cellbrite License 3,098 Funded from State Seizures 100-5211-56250 Dues&Subscriptions Tipp411 Annual Subscription 2,400 Funded from State Seizures 100-5211-56210 Travel&Training Officer Training 3,803 Funded from Comptroller 100-5211-52250 Medical&Surgical SANE Exams 1,150 Funded from Comptroller 100-5231-5XXXX Personnel Services OT Related to Ice Storm(Incl.Benefits) 16,435 Ice Storm Related Personnel Related 100-5231-58850 Major Tools&Equipment Replace SCBA Air Compressor 23,000 100-5251-52130 Tools/Equipment Purchase New Kennel Beds 975 Funds Received in Prior FY 1:00-5411-5XXXX Personnel Services OT Related to Ice Storm(Incl.Benefits) 2,843 Ice Storm Related Personnel Related 100-5411-5XXXX Oper.Expenses Expenses Related to Ice Storm 23,125 Ice Storm Related 100-4000-48410 Misc.Income Funds Received from NTMWD (17,0,1)00) Budget Neutral 100-5411-54210 Streets&Alleys Street Repairs on Skyview Drive 80,000 Budget Neutral 100-5551-5XXXX "" Personnel Services Add.Hours During Summer Months 4,600 Personnel Related 100-5551-5XXXX Personnel Services Add.Hours for Library Tech Assistance 634 100-5551-56040 Special Services Programming 8,353 Funded from Donations 100-5181-5XXXX Oper.Expenses Expenses Related to Ice Storm 96,833 Ice Storm Related 100-5181-56660 Utilities-Gas Propane Gas 10,000 100-5181-56990 Other Sales Tax Reimbursement Adjustment 80,000 Total General rand, .��e �:_ 379,08S 111-4000-46150 Interest Earnings Interest From Ascend and Dairy Queen =1.,4 $€ Budget Neutral 111-4000-49550 Lease Principal Payments Lease Principal from Ascend ? '10,2ll.u) Budget Neutral 111-5611-57110 Debt Service Debt Service Payment for Ascend loan 441,946 Budget Neutral Total WEDC Fund = -" 133-5643-58110 Land-Purchase Price Land Purchase for Fire Station#4 7,620 Additional Expenses Total Fire D elopmentFungi 1,620 145-5145-52710 Wearing Apparel New Uniforms 9,000 Funded from Fed Seizures ,,, ,,,,,, Total Federal Seizure Fund 9,000 161-5651-56040 Special Services Bluegrass on Ballard Festival 10,000 Total Hotel Tax Fund 11,000 611-5711-5XXXX Personnel Services OT Related to Ice Storm(incl.Benefits) 365 Ice Storm Related Personnel Related 611-5712-5XXXX Personnel Services OT Related to Ice Storm(Incl,Benefits) 5,688 Ice Storm Related Personnel Related 611-5712-5XXXX Oper.Expenses Expenses Related to Ice Storm 2,050 Ice Storm Related 611-5712-58310 Water Mains East Brown Pump Station Construction 475,000 Funds Received in Prior FY 611-5714-5XXXX: Personnel Services OT Related to Ice Storm trxcl.Benefits) 1,925 .Ice Storm Related Personnel Related Total Utility Fen _. 45,029, Total Expenses Related to Ice Storm: General Fund $139,236 Utility Fund $10,028 GENERAL FUND STATEMENT OF REVENUES AND EXPENDITURES BUDGET PROJECTED OTHER AMENDED 2013-2014 PERSONNEL SAVINGS AMENDMENTS 2013-2014 REVENUES: Ad Valorem Taxes 15,103,468 - - 15,103,468 Sales Taxes 3,721,070 - - 3,721,070 Franchise Fees 2,393,500 - - 2,393,500 Licenses&Permits 566,000 - - 566,000 Intergovernmental Revenues 772,590 - - 772,590 Service Fees 2,986,180 - - 2,986,180 Fines and Forfeitures 297,000 - - 297,000 Interest&Miscellaneous 280,500 - 80,000 360,500 Total Revenues 26,120,308 - 80,000 26,200,308 OTHER FINANCING SOURCES: Transfers from Other Funds 1,789,098 - - 1,789,098 Use of Fund Balance for Debt Services 400,000 - - 400,000 Use of Fund Balance for for Fleet&Equipment 1,067,800 - - 1,067,800 Use of Fund Balance for PSB Carry Over 55,100 - - 55,100 Total Other Financing Sources 3,311,998 - - 3,311,998 Total Revenues&Transfer in 29,432,306 - 80,000 29,512,306 EXPENDITURES: General Government City Council 90,811 - - 90,811 City Manager 817,350 3,177 - 814,173 City Secretary 267,723 712 - 267,011 City Attorney 148,000 - - 148,000 Finance 983,170 6,421 - 976,749 Facilities 571,001 310 28,650 599,341 Municipal Court 293,887 3,466 - 290,421 Human Resources 217,379 506 - 216,873 Purchasing 94,007 234 - 93,773 Information Technology 1,044,980 - 60,186 1,105,166 Animal Control 377,556 (1,F7O) 975 380,101 Public Safety Police 6,696,086 8,715 23,451 6,710,822 Fire 6,072,030 23,916 39,435 6,087,549 Emergency Communications 1,244,389 25,446 - 1,218,943 Development Services Planning 507,676 1,845 - 505,831 Building Inspections 513,350 24,486 - 488,864 Code Enforcement 241,704 11,420 - 230,284 Streets 1,885,447 5,484 105,968 1,985,931 Community Services Parks 1,895,531 (2,783) - 1,898,314 Library 1,535,632 (1,570) 13,587 1,550,789 Combined Services 3,962,559 - 186,833 4,149,392 Total Expenditures 29,460,268 110,215 459,085 29,809,138 FY 2014 Mid Year Adjustments Salary& Benefits Savings FY 2014 Budget City Council $ - City Manager $ 3,177 City Secretary $ 712 Finance $ 6,421 Facilities $ 310 Municipal Court $ 3,466 Human Resources $ 506 Purchasing $ 234 Information Technology $ 0 Police $ 8,715 Fire $ 23,916 Period of vacant positions Emergency Communications $ 25,446 Period of vacant positions Animal Control $ (1,570) Extra PT hours needed to cover absences Planning $ 1,845 Building Inspections $ 24,486 Period of vacant positions Code Enforcement $ 11,420 Period of vacant positions Streets $ 5,484 Parks $ (2,783) Changes in selected insurance coverage Library $ (1,570) Changes in selected insurance coverage $ 110,215 REQUEST FORM - MID YEAR BUDGET AMENDMENT FISCAL YEAR 2014 New Request: Yes New personnel? Salary Grade: Funds already expensed or received? Yes Change Level of current personnel? From: To: PURPOSE/OBJECTIVE OF REQUEST: This request is to reimburse funds for reroofing of Fire Station 2.The City has received funds fromTML insurance but we were unable to finish the project in last years budget cycle.We currently have an open PO which has been pulled from the Facilities operating budget and will close this out when gutter work is completed. ACCOUNT NO. DESCRIPTION AMOUNT 100 5132 54910 Reroof of Fire Station 2 17,130 TOTAL 17,130 ADDITIONAL COMMENTS: REQUEST FORM - MID YEAR BUDGET AMENDMENT FISCAL YEAR 2014 New Request: Yos New personnel? Salary Grade: Funds already expensed or received? No Change Level of current personnel? From: To: PURPOSE/OBJECTIVE OF REQUEST: This request is for replacement of 1 HVAC unit and addition of 1 unit at the Public Safety Building.We had a unit that failed in the 911 room that we were unable to repair.There is an open PO for this and the work has been done but we have not received billing yet.Addition of a second unit has been requested in the SWAT vault to control temperatures and regulate humidity.We have had failures with ammunition that is stored in this room due to the lack of air conditioning. ACCOUNT NO. DESCRIPTION AMOUNT 100 5132 54910 HVAC repair and addition at PSB 11,520 TOTAL. 11,520 ADDITIONAL.COMMENTS; REQUEST FORM - MID YEAR BUDGET AMENDMENT FISCAL YEAR 2014 New Request: Yes New personnel? Nc Salary Grade: Funds already expensed or received? Yes Change Level of current personnel? From: To: PURPOSE/OBJECTIVE OF REQUEST: The reason for this mid year amendment is that it was not paid last year. When we contacted them for clarification last June they sent us a form reponse and did not follow up again until just last month. This item varies year to year depending on how many desktops we have(currently between 275 and 300),but it is budgeted for each year as the"Microsoft Enterprise.Agreement". Mistakenly not paying this bill last year is one of the reasons we finished FY 2013$200,000 under budget. This Enterprise License Agreement allows us to install Microsoft products to all of our desktop computers as needed as well as allows us to freely upgrade all instances of these software packages as they come out. ACCOUNT NO. DESCRIPTION AMOUNT 100 5155 54810 Microsoft Enterprise License Agreement 2013 60,186 TOTAL 60,186 ADDITIONAL COMMENTS: As most of these annual agreements are invoiced early in the year,the IT department will be reviewing them to ensure that all invoices are paid up to date so that this will not happen again in the future. REQUEST FORM - MID YEAR BUDGET AMENDMENT FISCAL YEAR 2014 New Request: No New personnel? No Salary Grade: Funds already expensed or received? Yes Change Level of current personnel? From: To: PURPOSE/OBJECTIVE OF REQUEST: Access seized funds in both the State and local seized funds account and the Federal Seizure account in order to purchase new uniforms for the department. Seized funds have strict usage guidelines and uniform and equipment purchases are allowable expenditures.We have had issues with material fading and quality control of the existing unforms and wish to equip our officers with tailored uniforms of higher quality that will portray a more uniform and professional appearance. ACCOUNT NO. DESCRIPTION AMOUNT 100 5211 52710 Transfer from State Seized funds 13,000 TOTAL 13,000 ADDITIONAL COMMENTS: State Seizure account 100-2000-22756 balance as of 03/21/14-$21,531.52 REQUEST FORM - MID YEAR BUDGET AMENDMENT FISCAL YEAR 2014 New Request: Yes New personnel? No Salary Grade: Funds already expensed or received? Yes Change Level of current personnel? From: To: PURPOSE/OBJECTIVE OF REQUEST: Access funds from the State seized funds account 100-2000-22756.Transfer funds in the amount of$3,098 for renewal of our Cellbrite License.Transfer into account 100-5211-52130 to replace funds used to purchase license. ACCOUNT NO. DESCRIPTION AMOUNT 100 5211 52130 Replace funds used to purchase license 3,098 TOTAL 3,098 ADDITIONAL COMMENTS: State Seized Funds Account 100-2000-22756 REQUEST FORM - MID YEAR BUDGET AMENDMENT FISCAL YEAR 2014 New Request: Yes New personnel? No Salary Grade: Funds already expensed or received? Yes Change Level of current personnel? From: To: PURPOSE/OBJECTIVE OF REQUEST: Transfer funds from our State Seized fund account 100-2000-22756 into account 100-5211-56250 to replace funds used to pay annual subscription to our Tipp411 program. These fees had been paid by the County Fusion Center through Homeland Security but are now our annual responsibility. ACCOUNT NO. DESCRIPTION AMOUNT 100 5211 56250 Tipp411 fees 2,400 TOTAL 2,400 ADDITIONAL COMMENTS: State Seized Funds Account 100-2000-22756 REQUEST FORM - MID YEAR BUDGET AMENDMENT FISCAL YEAR 2014 New Request: Yos New personnel? No Salary Grade: Funds already expensed or received? Yes Change Level of current personnel? From: To: PURPOSE/OBJECTIVE OF REQUEST: Transfer Funds received from the Texas Comptroller in the amount of$3,802,62 to theTravel J Training account. These funds are ear marked specifically for training. ACCOUNT NO. DESCRIPTION AMOUNT 100 5211 56210 Training funds received from state 3,803 TOTAL 3,803 ADDITIONAL COMMENTS: REQUEST FORM - MID YEAR BUDGET AMENDMENT FISCAL YEAR 2014 New Request: No New personnel? No Salary Grade: Funds already expensed or received? Yes Change Level of current personnel? From: To: PURPOSE/OBJECTIVE OF REQUEST: Transfer funds received for SANE exams in the amount of$1,150 into the medical/surgical account. ACCOUNT NO. DESCRIPTION AMOUNT 100 5211 52250 SANE Exam 1,150 TOTAL 1,150 ADDITIONAL COMMENTS: REQUEST FORM - MID YEAR BUDGET AMENDMENT FISCAL YEAR 2014 .:R.J KKK'.«..$.. x.✓�..0 .m tl " _ �....,.....� .. New Request: Yes New personnel? No Salary Grade: Funds already expensed or received? Yes Change Level of current personnel? From: To: PURPOSE/OBJECTIVE OF REQUEST: Unanticipated overtime expenditures for the ice storm of December 6-8,2013,will cause a curtailment of planned and budgeted WFR training activities if not reimbursed. ACCOUNT NO. DESCRIPTION AMOUNT 100 5231 51130 Overtime 13,605 100 5231 51310 TMRS 1,790 100 5231 51440 FICA 843 100 5231 51450 Medicare 197 TOTAL 16,435 ADDITIONAL COMMENTS: Emergency Management expenses for EOC operations are charged inside the Fire Department budget. REQUEST FORM - MID YEAR BUDGET AMENDMENT FISCAL YEAR 2014 New Request: Yes New personnel? No Salary Grade: Funds already expensed or received? No Change Level of current personnel? From: To: PURPOSE/OBJECTIVE OF REQUEST: This request is to provide a replacement of the mobile breathing air compressor on Squad 143. The current compressor was acquired in 2005 as part of a UASI grant. The compressor is currently the only compressor in the department. The compressor is mounted on Squad 143 and was originally only intended to be used as a mobile source of air,at emergencies. Since acquiring the compressor,the departments main fixed facility has become inoperable due to age. The mobile compressor has been the only source of air for the last 3 years. Although a new fixed site is being bid right now,the department will continue to have a demand for a mobile system. This request is to only replace the compressor,not the storage banks,or the fill system. ACCOUNT NO. DESCRIPTION AMOUNT 100 5231 58850 Mobile Breathing Air Compressor- Replacement 23,000 (Includes acquisition, removal of old compressor, installation and configuration). - Quoted by August Air Industries. TOTAL 23,000 ADDITIONAL COMMENTS: REQUEST FORM - MID YEAR BUDGET AMENDMENT FISCAL YEAR 2014 New Request: Yes New personnel? No Salary Grade: Funds already expensed or received? Yes Change Level of current personnel? From: To: PURPOSE/OBJECTIVE OF REQUEST: Monetary donations were received from citizens from the year of 2013. The donations were deposited as donations into the general fund. The donations are requested to be used for Kuranda bedding for kennels. These are 40X25 all aluminum dog beds with a 40oz vinyl cot area and the price per bed can vary depending on shelter discounts and shipping fees. Each bed is typically 109.00. This is a non-budgeted item. When donations are received the donor is told that we will be attempting to purchase such things for extra comfort. All copies of the donations were sent to finance for this request. ACCOUNT NO. DESCRIPTION AMOUNT 100 5251 52130 Kuranda kennel beds 975 TOTAL 975 ADDITIONAL COMMENTS: We have found that these more expensive Kuranda beds that are all aluminum hold up much better than the previously purchased pvc type material beds.We have many citizens that simply go to the Kuranda website and donate the beds themselves. The retrieval of these funds should allow us to complete one side of the animal housing building with these stronger more durable beds to give the animals a comfortable place to escape the ground from any uncomforting or waste created in kennel.The beds are very resistant to chewing which in return will be safer for the animal as well as prevention of clogging to the building drains. REQUEST FORM - MID YEAR BUDGET AMENDMENT FISCAL YEAR 2014 New Request: Yes New personnel? Nc Salary Grade: Funds already expensed or received? Yes Change Level of current personnel? From: To: PURPOSE/OBJECTIVE OF REQUEST: Overtime for Utilities divisions unanticipated overtime for December 2013 ice storm ACCOUNT NO. DESCRIPTION AMOUNT 100 5411 51130 Overtime used for December 2013 ice storm 2,353 100 5411 51310 TMRS 310 100 5411 51440 FICA 146 100 5411 51450 Medicare 34 TOTAL 2,843 ADDITIONAL COMMENTS: REQUEST FORM - MID YEAR BUDGET AMENDMENT FISCAL YEAR 2014 New Request: Yes New personnel? Nc Salary Grade: Funds already expensed or received? Yes Change Level of current personnel? From: To: PURPOSE/OBJECTIVE OF REQUEST: The request for the additional funds is due to the unanticipated expenditures that were utilized during the December 2013 Winter Ice Storm. ACCOUNT NO. DESCRIPTION AMOUNT 100 5411 54210 Stock Pile Materials (Sand/Rock) 3,850 100 5411 54210 Stock Pile Materials (Sand/Rock) 1,100 100 5411 54210 Stock Pile Materials (Sand/Rock) 1,525 100 5411 54210 Stock Pile Materials (Sand/Rock) 1,650 TOTAL 8,125 ADDITIONAL COMMENTS: REQUEST FORM - MID YEAR BUDGET AMENDMENT FISCAL YEAR 2014 New Request: Yes New personnel? Nc Salary Grade: Funds already expensed or received? Yes Change Level of current personnel? From: To: PURPOSE/OBJECTIVE OF REQUEST: The request for the additional funds is due to the unanticipated expenditures that were utilized during the December 2013 Winter Ice Storm. ACCOUNT NO. DESCRIPTION AMOUNT 100 5411 56040 Brush Chipping 15,000 TOTAL 15,000 ADDITIONAL COMMENTS: REQUEST FORM - MID YEAR BUDGET AMENDMENT FISCAL YEAR 2014 New Request: Yes New personnel? Nc Salary Grade: Funds already expensed or received? No Change Level of current personnel? From: To: PURPOSE/OBJECTIVE OF REQUEST: The City will be receiving funds in the amount of$80,000 from NTMWD to be used for street repairs on Skyview Drive. This request will increase the budgeted revenues in the General Fund as well as the offsetting expenses in the Streets Department. ACCOUNT NO. DESCRIPTION AMOUNT 100 4000 48410 Funds received from NTMWD 80,000 100 5411 54210 Street repairs on Skyview Drive 80,000 TOTAL 0 ADDITIONAL COMMENTS: The increase in budgeted expenses will be offset by the increase in budgeted revenues,resulting in a net effect of zero to the General Fund budget. REQUEST FORM - MID YEAR BUDGET AMENDMENT FISCAL YEAR 2014 New Request: Yes New personnel? No . Salary Grade: Funds already expensed or received? No Change Level of current personnel? From: To: PURPOSE/OBJECTIVE OF REQUEST: The library is requesting an additional 5 hours per pay period for part-time staff in the Adult,Circulation and Youth Services Departments for the summer months,June through August. Summer Reading Club activity increased by 5%in library visitors and in items checked-out. The library is also requesting an additional 10 hours per pay period for a Library Technician to assist in the Technical Services Department.The Technical Services Librarian will be out a minimum of two months,June and July, recuperating from surgery.There are only two employees in that department.The remaining full-time employee will catalog new and donated items.The Library Technician in the Circulation Department will assist with opening and organizing new materials,adding baracodes and RFID tags to donated materials,and processing Library Reads titles. ACCOUNT NO. DESCRIPTION AMOUNT 100 5551 51112 Salaries-part-time 3,807 100 5551 51112 Salaries-part-time--Library Tech assistance 525 100 5551 51310 TMRS 570 100 5551 51440 FICA 269 100 5551 51450 Medicare 63 TOTAL 5,234 ADDITIONAL COMMENTS: REQUEST FORM - MID YEAR BUDGET AMENDMENT FISCAL YEAR 2014 New Request: Yes New personnel? No . Salary Grade: Funds already expensed or received? Yes Change Level of current personnel? From: To: PURPOSE/OBJECTIVE OF REQUEST: The library received funds from The Catholic Foundation. Rita and Truett Smith set aside funds for the library. The funds will be used for programming. ACCOUNT NO. DESCRIPTION AMOUNT 100 5551 56040 Special Services 4,056 100 5551 56040 Special Services 4,297 TOTAL 8,353 ADDITIONAL COMMENTS: REQUEST FORM - MID YEAR BUDGET AMENDMENT FISCAL YEAR 2014 New Request: Yes New personnel? Nc Salary Grade: Funds already expensed or received? Yes Change Level of current personnel? From: To: PURPOSE/OBJECTIVE OF REQUEST: Storm related clean up provided by CWD. ACCOUNT NO. DESCRIPTION AMOUNT 100 5181 56680 Storm Clean up 96,548 TOTAL 96,548 ADDITIONAL COMMENTS: REQUEST FORM - MID YEAR BUDGET AMENDMENT FISCAL YEAR 2014 New Request: Yes New personnel? Nc Salary Grade: Funds already expensed or received? No Change Level of current personnel? From: To: PURPOSE/OBJECTIVE OF REQUEST: We use propane gas to heat the Public Safety Building,the Fire Stations,and the Radio Tower control shed.With the colder than normal winter our useage has increased and the price of fuel has increased.The budget will fall short this year and will need additional funds.The amount requested reflects our normal useage in March and April,at todays prices,with some additional money factored in should the price rise again or in case our Spring useage is much higher than normal. ACCOUNT NO. DESCRIPTION AMOUNT 100 5181 56660 Propane Gas 10,000 TOTAL 10,000 ADDITIONAL COMMENTS: The harsh winter has caused a heating gas shortage throughout the Country which has, in turn,caused the price per gallon to rise from$1.60 to$2.39. The Colder than normal winter has also caused our usage to increase compared to years past. REQUEST FORM - MID YEAR BUDGET AMENDMENT FISCAL YEAR 2014 New Request: Yes New personnel? Nc Salary Grade: Funds already expensed or received? Yes Change Level of current personnel? From: To: PURPOSE/OBJECTIVE OF REQUEST: The request for the additional funds is due to the unanticipated expenditures that were utilized during the December 2013 Winter Ice Storm. ACCOUNT NO. DESCRIPTION AMOUNT 100 5181 54510 Snow Chains 285 TOTAL 285 ADDITIONAL COMMENTS: REQUEST FORM - MID YEAR BUDGET AMENDMENT FISCAL YEAR 2014 New Request: Yes New personnel? Nc Salary Grade: Funds already expensed or received? No Change Level of current personnel? From: To: PURPOSE/OBJECTIVE OF REQUEST: It was recently discovered that an error had occurred at the Comptroller's Office in which a total of 13 new businesses at Woodbridge Crossing had not been added to the monthly report used to calculate the City`s sales tax reimbursement. This resulted in an audit adjustment in the amount of$85,000, resulting in a shortfall in the Sales Tax Reimbursement account. ACCOUNT NO. DESCRIPTION AMOUNT 100 5181 56990 Sales Tax Reimbursements 80,000 TOTAL 80,000 ADDITIONAL COMMENTS: WYLIE ECONOMIC DEVELOPMENT STATEMENT OF REVENUES AND EXPENDITURES BUDGET PROJECTED OTHER AMENDED 2013-2014 PERSONNEL SAVINGS AMENDMENTS 2013-2014 REVENUES: Sales Taxes 1,856,035 - - 1,856,035 Interest&Miscellaneous 135,958 - 31,666 167,624 Bank Note Proceeds - - - - Lease Principal Payments - - 410,280 410,280 Total Revenues 1,991,993 - 441,946 2,433,939 OTHER FINANCING SOURCES: Total Other Financing Sources - - - - Total Revenues&Transfer in 1,991,993 - - 2,433,939 EXPENDITURES: Economic Development Development Corporation 3,211,411 - 441,946 3,653,357 Total Expenditures 3,211,411 - 441,946 3,653,357 REQUEST FORM - MID YEAR BUDGET AMENDMENT FISCAL YEAR 2014 New Request: Yes New personnel? No Salary Grade: Funds already expensed or received? Yes Change Level of current personnel? From: To: PURPOSE/OBJECTIVE OF REQUEST: Increase revenue. ACCOUNT NO. DESCRIPTION AMOUNT 111 4000 46150 Interest earnings 31,666 111 4000 49550 Lease principal payments 410,280 TOTAL 441,946 ADDITIONAL COMMENTS: Increase interest earnings from Ascend Custom Extrusions and Dairy Queen. Increase lease principal from Ascend Custom Extrusions. REQUEST FORM - MID YEAR BUDGET AMENDMENT FISCAL YEAR 2014 New Request: Yes New personnel? No Salary Grade: Funds already expensed or received? Yes Change Level of current personnel? From: To: PURPOSE/OBJECTIVE OF REQUEST: Increase expense. ACCOUNT NO. DESCRIPTION AMOUNT 111 5611 57110 Debt service 441,946 TOTAL 441,946 ADDITIONAL COMMENTS: Fund the debt service account for Ascend loan at American National Bank. FIRE DEVELOPMENT FUND STATEMENT OF REVENUES AND EXPENDITURES BUDGET PROJECTED OTHER AMENDED 2013-2014 PERSONNEL SAVINGS AMENDMENTS 2013-2014 REVENUES: Service Fees 170,000 - - 170,000 Interest&Miscellaneous 1,000 - - 1,000 Total Revenues 171,000 - - 171,000 OTHER FINANCING SOURCES: Total Other Financing Sources - - - - Total Revenues&Transfer in 171,000 - - 171,000 EXPENDITURES: Fire Development Fees Capital Outlay - - 7,620 7,620 Total Expenditures - - 7,620 7,620 REQUEST FORM - MID YEAR BUDGET AMENDMENT FISCAL YEAR 2014 New Request: Yes New personnel? No Salary Grade: Funds already expensed or received? Yes Change Level of current personnel? From: To: PURPOSE/OBJECTIVE OF REQUEST: During the FY13-14 budget process,all expenses related to the purchase of land for future Fire Station#4 were expected to be completed by the end of FY12-13. Based on those expectations,no funds were budgeted for FY13-14. Due to unforeseeable events,some services were not expensed until FY13- 14. ACCOUNT NO. DESCRIPTION AMOUNT 133 5643 58110 Additional services related to land purchased 7,620 for future Fire Station #4 TOTAL 7,620 ADDITIONAL COMMENTS: FEDERAL SEIZURE FUND STATEMENT OF REVENUES AND EXPENDITURES BUDGET PROJECTED OTHER AMENDED 2013-2014 PERSONNEL SAVINGS AMENDMENTS 2013-2014 REVENUES: Intergovernmental Revenue - - - - Interest Income - - - - Total Revenues - - - - OTHER FINANCING SOURCES: Total Other Financing Sources - - - - Total Revenues&Transfer in - - - - EXPENDITURES: Federal Seizure Funds Supplies - - 9,000 9,000 Contractual Services - - - - Capital Outlay - - - - Transfers to Other Funds - - - - Total Expenditures - - 9,000 9,000 REQUEST FORM - MID YEAR BUDGET AMENDMENT FISCAL YEAR 2014 New Request: No New personnel? No Salary Grade: Funds already expensed or received? Yes Change Level of current personnel? From: To: PURPOSE/OBJECTIVE OF REQUEST: Access seized funds in both the State and local seized funds account and the Federal Seizure account in order to purchase new uniforms for the department. Seized funds have strict usage guidelines and uniform and equipment purchases are allowable expenditures.We have had issues with material fading and quality control of the existing unforms and wish to equip our officers with tailored uniforms of higher quality that will portray a more uniform and professional appearance. ACCOUNT NO. DESCRIPTION AMOUNT 145 5145 52710 transfer from Federal Seized funds 9,000 TOTAL 9,000 ADDITIONAL COMMENTS: Federal Seizure account 145-1000-10125 balance as of 03/21/14-$9,104.63 HOTEL TAX FUND STATEMENT OF REVENUES AND EXPENDITURES BUDGET PROJECTED OTHER AMENDED 2013-2014 PERSONNEL SAVINGS AMENDMENTS 2013-2014 REVENUES: Taxes 62,000 - - 62,000 Interest Income 80 - - 80 Total Revenues 62,080 - - 62,080 OTHER FINANCING SOURCES: Total Other Financing Sources - - - - Total Revenues&Transfer in 62,080 - - 62,080 EXPENDITURES: Hotel Tax Contractual Services - - 10,000 10,000 Transfers to Other Funds 40,000 - - 40,000 Total Expenditures 40,000 - 10,000 50,000 REQUEST FORM - MID YEAR BUDGET AMENDMENT FISCAL YEAR 2014 New Request: Yes New personnel? No Salary Grade: Funds already expensed or received? No Change Level of current personnel? From: To: PURPOSE/OBJECTIVE OF REQUEST: Based on direction from City Council,funds in the amount of$10,000 are to be allocated to support the annual Bluegrass on Ballard Festival. ACCOUNT NO. DESCRIPTION AMOUNT 161 5651 56040 Bluegrass on Ballard 10,000 TOTAL 10,000 ADDITIONAL COMMENTS: UTILITY FUND STATEMENT OF REVENUES AND EXPENDITURES BUDGET PROJECTED OTHER AMENDED 2013-2014 PERSONNEL SAVINGS AMENDMENTS 2013-2014 REVENUES: Service Fees 13,783,000 - - 13,783,000 Interest&Miscellaneous 49,000 - - 49,000 Total Revenues 13,832,000 - - 13,832,000 OTHER FINANCING SOURCES: Transfers from Other Funds 5,219 - - 5,219 Use of Utility Fund-Fund Balance 425,500 - - 425,500 Total Other Financing Sources 430,719 - - 430,719 Total Revenues&Transfer in 14,262,719 - - 14,262,719 EXPENDITURES: Utilities Utility Administration 295,876 - 365 296,241 Utility-Water 1,798,327 - 482,738 2,281,065 City Engineer 539,511 - - 539,511 Utility-Sewer 800,161 - 1,925 802,086 Utility Billing 350,944 - - 350,944 Combined Services 10,447,336 - - 10,447,336 Total Expenditures 14,232,155 - 485,028 14,717,183 REQUEST FORM - MID YEAR BUDGET AMENDMENT FISCAL YEAR 2014 New Request: Yes New personnel? Nc Salary Grade: Funds already expensed or received? Yes Change Level of current personnel? From: To: PURPOSE/OBJECTIVE OF REQUEST: Overtime for Utilities divisions unanticipated overtime for December 2013 ice storm ACCOUNT NO. DESCRIPTION AMOUNT 611 5711 51130 Overtime for Utilities overtime for December 2013 302 611 5711 51310 TMRS 40 611 5711 51440 FICA 19 611 5711 51450 Medicare 4 TOTAL 365 ADDITIONAL COMMENTS: REQUEST FORM - MID YEAR BUDGET AMENDMENT FISCAL YEAR 2014 New Request: Yes New personnel? No Salary Grade: Funds already expensed or received? Yes Change Level of current personnel? From: To: PURPOSE/OBJECTIVE OF REQUEST: Overtime for Utilities divisions unanticipated overtime for December 2013 ice storm ACCOUNT NO. DESCRIPTION AMOUNT 611 5712 51130 Overtime for Utilities overtime for December 2013 4,708 611 5712 51310 TMRS 620 611 5712 51440 FICA 292 611 5712 51450 Medicare 68 TOTAL 5,688 ADDITIONAL COMMENTS: REQUEST FORM - MID YEAR BUDGET AMENDMENT FISCAL YEAR 2014 New Request: Yes New personnel? No Salary Grade: Funds already expensed or received? Yes Change Level of current personnel? From: To: PURPOSE/OBJECTIVE OF REQUEST: The request for the additional funds is due to the unanticipated expenditures that were utilized during the December 2013 Winter Ice Storm. ACCOUNT NO. DESCRIPTION AMOUNT 611 5712 52130 Chain and Pole Saws 1,781 611 5712 54310 Air Heater 269 TOTAL 2,050 ADDITIONAL COMMENTS: REQUEST FORM - MID YEAR BUDGET AMENDMENT FISCAL YEAR 2014 New Request: Yes New personnel? Nc Salary Grade: Funds already expensed or received? Yes Change Level of current personnel? From: To: PURPOSE/OBJECTIVE OF REQUEST: Delivery Point#1,which is currently located at the NTMWD water treatment plant site,is being moved to a new site located on.East Brown Street. In June 2009,NTMWD sent$475,000 to be applied towards the construction ofthe new East Brown Street pump station. The funds were deposited into Fund 611 as miscellaneous income. ACCOUNT NO. DESCRIPTION AMOUNT 611 5712 58310 East Brown Street Pump Station Construction 475,000 TOTAL 475,000 ADDITIONAL COMMENTS: REQUEST FORM - MID YEAR BUDGET AMENDMENT FISCAL YEAR 2014 New Request: Yes New personnel? No Salary Grade: Funds already expensed or received? Yes Change Level of current personnel? From: To: PURPOSE/OBJECTIVE OF REQUEST: Overtime for Utilities divisions unanticipated overtime for December 2013 ice storm ACCOUNT NO. DESCRIPTION AMOUNT 611 5714 51130 Overtime for Utilities overtime for December 2013 1,593 611 5714 51310 TMRS 210 611 5714 51440 FICA 99 611 5714 51450 Medicare 23 TOTAL 1,925 ADDITIONAL COMMENTS: r uF t, Wylie City Council � .� R�Ms; AGENDA REPORT Meeting Date: April 22, 2014 Item Number: 3. Department: Public Services (City secretary's Use Only) Prepared By: Mike Sferra Account Code: Date Prepared: April 11, 2014 Budgeted Amount: Exhibits: Ordinance,Plan Subject Consider, and act upon, Ordinance No. 2014-15 repealing Ordinance No. 2009-11, codified as Division 3 (Water Conservation and Drought Contingency and Water Emergency Response Plan) of Article IV (Water) of Chapter 114 (Utilities) of the Wylie Code of Ordinances and adopting a Water Conservation Plan to promote the responsible use of water; requiring the filing of this ordinance and plan with the Texas Commission on Environmental Quality; providing for penalties for the violation of this ordinance; providing repealing, savings and severability clauses, an effective date and for the publication of the caption hereof. Recommendation Motion to approve, Ordinance No. 2014-15 repealing Ordinance No. 2009-11, codified as Division 3 (Water Conservation and Drought Contingency and Water Emergency Response Plan) of Article IV (Water) of Chapter 114 (Utilities) of the Wylie Code of Ordinances and adopting a Water Conservation Plan to promote the responsible use of water; requiring the filing of this ordinance and plan with the Texas Commission on Environmental Quality; providing for penalties for the violation of this ordinance; providing repealing, savings and severability clauses, an effective date and for the publication of the caption hereof. Discussion The City Council adopted the current Water Conservation Plan in April 2009. Title 30 Texas Administrative Code, Chapter 288 requires water systems to update and resubmit their Water Conservation Plans to the Texas Water Development Board every five years after initial adoption. During the preceding months, representatives of the member cities met with North Texas Municipal Water District (NTMWD) to discuss and revise the existing Model Water Conservation Plan that member cities could adopt, with minor modifications to fit individual needs. The proposed plan is very similar to the existing plan and should be an easy transition for water customers. The following table presents a side-by-side comparison of the existing and proposed City of Wylie Water Conservation Plans: Page 1 of 2 Page 2 of 2 WATER CONSERVATION PLAN TABLE CURRENT CONSERVATION PLAN NEW CONSERVATION PLAN Lawn and landscape irrigation allowed twice per No change week No irrigation 10 am - 6 pm April 1 —October 31 No change Car washing allowed with hose and shut-off No change nozzle No watering of cool-season grasses No change No watering during rain or freeze events No change No watering of impervious surfaces No change Rain/freeze sensor or ET controllers on new No change irrigation systems New irrigation systems must comply with TCEQ No change regulations No treated water to fill manmade ponds No change Prohibit poorly-maintained irrigation systems No change Separate irrigation system for playing areas at No change athletic fields Recommend rebate programs if funds are No change available Recommend refitting existing irrigation systems No change with rain/freeze sensors and ET controllers Recommend no planting of cool-season grasses No change Lawn and landscape irrigation once per week from November I —March 31 Prohibit excess runoff and obvious waste Encourage use of native plants, ET controllers and drip irrigation Offer water audit programs to residents if funds are available Hotels may offer linen reuse water conservation option to customers Restaurants may serve water only if requested ORDINANCE NO. 2014-15 AN ORDINANCE OF THE CITY OF WYLIE, TEXAS, REPEALING ORDINANCE NO. 2009-11, CODIFIED AS DIVISION 3 (WATER CONSERVATION AND DROUGHT CONTINGENCY AND WATER EMERGENCY RESPONSE PLAN) OF ARTICLE IV (WATER) OF CHAPTER 114 (UTILITIES) OF THE WYLIE CODE OF ORDINANCES AND ADOPTING A WATER CONSERVATION PLAN TO PROMOTE THE RESPONSIBLE USE OF WATER; REQUIRING THE FILING OF THIS ORDINANCE AND PLAN WITH THE TEXAS COMMISSION ON ENVIRONMENTAL QUALITY;PROVIDING FOR PENALTIES FOR THE VIOLATION OF THIS ORDINANCE;PROVIDING REPEALING,SAVINGS AND SEVERABILITY CLAUSES, AN EFFECTIVE DATE AND FOR THE PUBLICATION OF THE CAPTION HEREOF. WHEREAS, the City Council of the City of Wylie, Texas ("City Council") previously adopted Ordinance No. 2009-11 of the City of Wylie, Texas ("Wylie"), codified as Division 3 (Water Conservation and Drought Contingency and Water Emergency Response Plan)of Article IV (Water) of Chapter 114 (Utilities) of the Wylie Code of Ordinances, which established a Water Conservation Plan ("Water Conservation Plan"); and WHEREAS,Wylie recognizes that the amount of water available to its water customers is limited and further recognizes the importance of a long-term water supply for its water customers; and WHEREAS, Wylie recognizes that because of natural limitations, drought conditions, system failures and other acts of God which may occur, Wylie 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("TCEQ") require that Wylie adopt a Water Conservation Plan; and WHEREAS,Wylie has investigated and determined that it is an urgent need and in the best interest of the public to repeal the existing Water Conservation Plan and adopt the Water Conservation Plan as set forth below; and WHEREAS,pursuant to Chapter 54,TEx.Loc.Gov'T CODE,Wylie is authorized to adopt such Ordinances as are necessary to preserve and conserve its water resources; and WHEREAS,the City Council has investigated and determined that it would be advantageous and beneficial to the citizens of Wylie to repeal Ordinance No.2009-11 in its entirety,to replace the existing Water Conservation Plan and to adopt the North Texas Municipal Water District ("NTMWD")Model Water Conservation Plan,as modified for Wylie,as Wylie's official policy for the conservation of water; and Ordinance No. 2014-15—Repealing Ordinance No.2009-11 &Adopting A Water Conservation Plan Page 1 of 4 WHEREAS,the City Council has investigated and determined that the adoption of the Water Conservation Plan will be advantageous and beneficial to the citizens of Wylie and will protect the public health, safety and welfare. NOW,THEREFORE,BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF WYLIE, TEXAS THAT: SECTION 1: Findings Incorporated. The findings set forth above are incorporated into the body of this Ordinance as if fully set forth herein. SECTION 2. Repeal of Ordinance No. 2009-11. Ordinance No. 2009-11, codified as Division 3 (Water Conservation and Drought Contingency and Water Emergency Response Plan)of Article IV(Water)of Chapter 114(Utilities)of the Wylie Code of Ordinances, is hereby repealed in its entirety and replaced by this Ordinance. The effective date of the repeal discussed in this Section shall not occur until the effective date of this Ordinance, at which time Ordinance No. 2009-11 shall be repealed. Such repeal shall not abate any pending prosecution and/or lawsuit or prevent any prosecution and/or lawsuit from being commenced for any violation of Ordinance No. 2009-11 occurring before the effective date of this Ordinance. SECTION 3: Plan Adopted. The City Council hereby approves and adopts the Water Conservation Plan("Plan"),attached hereto as Exhibit"A"and incorporated herein by reference for all purposes. Wylie commits to implement the requirements and procedures set forth in the adopted Plan. SECTION 4: Penalty. Any customer, as defined by 30 TEx. ADMIN. CODE Chapter 291, failing to comply with the provisions of the Plan shall be deemed guilty of a misdemeanor,and upon conviction thereof, shall be fined a sum not exceeding TWO THOUSAND AND 00/100 DOLLARS ($2,000.00) per day per occurrence and/or discontinuance of water service by Wylie. 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. Wylie's authority to seek injunctive or other civil relief available under the law is not limited by this section. Wylie retains all legal rights and remedies available to it pursuant to local, state and federal law. SECTION 5. Filing of Ordinance and Plan with the TCEQ. The City Manager or her designee is hereby directed to file one (1) copy of each of the Plan and this Ordinance with the TCEQ in accordance with 30 TEx. ADMIN. CODE Chapter 288. SECTION 6: Savings/Repealing. All provisions of any ordinance in conflict with this Ordinance are hereby repealed to the extent they are in conflict;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 ordinances shall remain in full force and effect. SECTION 7: Severability. Should any section,subsection,sentence,clause or phrase of this Ordinance be declared unconstitutional and/or invalid by a court of competent jurisdiction, it is Ordinance No.2014-15—Repealing Ordinance No. 2009-11 &Adopting A Water Conservation Plan Page 2 of 4 expressly provided that any and all remaining portions of this Ordinance shall remain in full force and effect. Wylie hereby declares that it would have passed this Ordinance, and each section, subsection, sentence, clause and/or phrase thereof,regardless of whether any one or more sections, subsections, sentences, clauses and/or phrases is declared unconstitutional and/or invalid. SECTION 8: Effective Date. This Ordinance shall become effective from and after its adoption and publication as required by law and the City Charter. DULY PASSED AND APPROVED BY THE CITY COUNCIL OF THE CITY OF WYLIE, TEXAS on this 22" day of April, 2014. Eric Hogue, Mayor ATTESTED TO AND CORRECTLY RECORDED BY: Carole Ehrlich, City Secretary Date of Publication:April 30, 2014 in the Wylie News Ordinance No.2014-15—Repealing Ordinance No. 2009-11 &Adopting A Water Conservation Plan Page 3 of 4 EXHIBIT "A" Water Conservation Plan Ordinance No.2014-15—Repealing Ordinance No. 2009-11 &Adopting A Water Conservation Plan Page 4 of 4 TA !;}#{t{si{*}it ss7fii i}{}i i}{}i i}{}i i}{}i i}{}i s}{}i i}{}i i}{}i i}{}i i}{}i ki0 r0%; st 4 44r�}tt(5t ift$$44{ {4 tt{r{ts{3r�s{3140,§,4s{.ki*aria{3rt4{r4040srtt{ Fps{jit ti 01 aN tt$ 4}tit4{7r7f4#sr('c} isC{77{{71{z2tlus{i�ft�i t{r{2 ltis{It�t tf{rjst�tt lrftlittts�r{4}}sS}ri4sif{its' 4j t }{V t 57 t{{t;..f{{i{t 7 Sfj f i i }(1 �440, ii4 {ft�4S'r•Si},0 7{'tA* t t7 t{ 10,6 t } g r r t 1 {I$ 4 t s }i£ i t l t t`�} (i,oh i$`ss{ wfri{tti I {A Ufri tt#{j r1i� t�41444rtttff }i i�itt4J tort s { tUurir 4itirt{t tit{jt4ti t,f 4*,fo,14{;{4 ri{tt{t{111 trts�4t,,4,,,t ilhs`44rt�tsirtrift0,0,iWVP,fkit�1VA £}j fr{}t;,itiSts{ilis}rk,,,}, ,,,,,,}i{v,,,,Nftj},p4,4,t}r1,rtJr,4ti,1{}t�t}',,t7�t ,*;4�fss4{,it41>{1,V,7 t4rrf{t{i strtttt}¢t440t , st£r tt{i Y f c {, } kl i 4 Nik.kw $n,t 1} ft t}t4{itttrit�rr 1{ {t4, t 4t r�`t yrtt4,4,04VI 44 tfttt4tt, s{{tit,g4k#i:{tffft4 itr'1£ir4,,yom.4 it•{liar}r}t�i19,A 41}4'{4tAkK4g,ft{tri fttif�{i lsr 0,44 {UJit{7 ti t4ti r{t(is4 f7C.1l�t�(tJtr{tr t {sf It tt�t}7 tfrA"At �{} t atAtits.4i$tslttiti t.4 ss,44-0z0tsiti t to ft rr.,iim){tss, t S�t,,k4 {tttl tktowtts {viral r$hyki�rsU1£?{i 4 rt s4 t 1E tS t tts if tl ll rtt tJt}. itS} ) t}..r4{14 ttf �ti4tttit}{it}'4 t1 t}fSl tr t i)r 4 s r It ittr t tirs7f� .tof}} il { r n4)t 1{ tt t+{4i iti t r U 1 4 5litti tit f t t i}t 2{}t41'tf 4tt,r4 141 i£1t 0,),fs{tt tt,f,1 4 4A iA �f{f£r,4y'4 itx t4, {'4,44ki t4U4ttE{t}t ttt}fitst£rt1i ��t�trlF#i#`St4�itr�� yyi�tii{}`�t�s4tt�f4r4k rt Sri{tttltiStt ttrif} 1tJittt:rff 4t 4,4jtitt;$4tt4}t{iti417t£ 3t}I)2jt1i`}r4t(ttt stt{ctit i)tii\i,F4,4tj t:{flir,,,WN,iri}ti'4t}i,}rr,ttt(1t'tsS tiSPatV W(,rtti4ij ii?1147t+,tr{zit t rrNI91,ti?rF 1,tt{titt4oftttli7si{4§hq,1.(itt t``tl ',. {}t$''£t{{t'''',Vr�' t{}4i4){#, 1 ilfk t{ir{t�ft1 Yytit}tt)t tit{;}l ttj{144{ttft{r1 tt�4 tt tf tt4{it r itrilr,4,1tf 44 y{t is ,7 7{1,1 t f 4 {i(1f 4tf,Y i}0 Jjr Si f t 4 it t,i(t }j ONVONft4 t 4, }#f�t`°{VA,A't,1,t s irtS iri{it i}Is�trt}1i�trT{'fir ii tt i it stii�itsi 4 ;ti;f{t rti l't 7ttt'4)srt tt4}ystl{44$t4 rftiit# i1`;S{{7 ti7 1 tiiltliJ fff44t{iSt�4 r ;1t1ts�t ftt t it4l�sf�5{?}trtii ftf tSt4Si{11{t4S4fir{ffltfr}yii�{ rt{{}t}4?{,47}ts�t l}its4lt:i£t}4ri{Jr4{£h tip{iSSi I1��tri,}ttrtr Si }11 {Yft ?{4;if }it iI4{ t(f}i(t 4{tYt{(rfSi}itf}tij f{{4t4i iy 4Jr{4i#t(St,j{t 7tjii(� �{��,yy�y sii�sfLiri �S�{'; lttt)i}!}k{ts�?;4rtt4)i Stt 5'7 Yr}} tt4}5yrt s�jt tttyt{4 4b�S{rt�sti~tit}tt{{�r4r,iI 1r„14yF:zs tf&,,.,Us r. 4 r„�,7i til tS t{r..c,,,, 14,X,t..t,v,..t} ,S.,i Ac CITY OF WYLIE WATER CONSERVATION PLAN APRIL 2014 Water Conservation Plan TABLE OF CONTENTS 1. INTRODUCTION AND OBJECTIVES 1-1 2. DEFINITIONS 2-1 3. REGULATORY BASIS FOR WATER CONSERVATION PLAN 3-1 3.1 TCEQ Rules Governing Conservation Plans 3-1 3.2 Guidance and Methodology for Reporting on Water Conservation and Water Use 3-3 4. WATER UTILITY PROFILE 4-1 5. SPECIFICATION OF WATER CONSERVATION GOALS 5-1 6. BASIC WATER CONSERVATION STRATEGIES 6-1 6.1 Metering, Water Use Records, Control of Water Loss, and Leak Detection and Repair6-1 6.1.1 Accurate Metering of Treated Water Deliveries from NTMWD 6-1 6.1.2 Metering of Customer and Public Uses and Meter Testing, Repair, and Replacement 6-1 6.1.3 Determination and Control of Water Loss 6-1 6.1.4 Leak Detection and Repair 6-2 6.1.5 Record Management System 6-2 6.2 Continuing Public Education and Information Campaign 6-2 6.3 NTMWD System Operation Plan 6-3 6.4 Coordination with Regional Water Planning Group and NTMWD 6-3 6.5 Requirement for Water Conservation Plans by Wholesale Customers 6-4 7. ENHANCED WATER CONSERVATION STRATEGIES 7-1 7.1 Water Rate Structure 7-1 7.2 Ordinances, Plumbing Codes, or Rules on Water-Conserving Fixtures 7-2 7.3 Reuse and Recycling of Wastewater 7-2 7.4 Interactive Weather Stations/Water My Yard Program 7-2 7.5 Compulsory Landscape and Water Management Measures 7-3 7.6 Additional Water Conservation Measures (Not Required) 7-5 7.7 Monitoring of Effectiveness and Efficiency-Annual Water Conservation Report 7-6 7.8 Water Conservation Implementation Report 7-6 8. IMPLEMENTATION AND ENFORCEMENT OF THE WATER CONSERVATION PLAN 8-1 9. REVIEW AND UPDATE OF WATER CONSERVATION PLAN 9-1 LIST OF TABLES Table 5-1 Five-Year and Ten-Year Per Capita Water Use Goals (gpcd) 5-2 i Water Conservation Plan APPENDICES APPENDIX A List of References APPENDIX B Texas Commission on Environmental Quality Rules on Municipal Water Conservation Plans • Texas Administrative Code Title 30, Part 1, Chapter 288, Subchapter A, Rule §288.1 - Definitions (Page B-1) • Texas Administrative Code 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 Sample Landscape Ordinance APPENDIX J TCEQ Water Conservation Implementation Report ii Water Conservation Plan 1. INTRODUCTION AND OBJECTIVES Water supply has always been a key issue in the development of Texas. In recent years, the increasing population and economic development of North Central Texas have led to growing demands for water supplies. At the same time, local and less expensive sources of water supply are largely already developed. Additional supplies to meet future demands will be expensive and difficult to secure. Severe drought conditions in recent years have highlighted the importance of efficient use of our existing supplies to make them last as long as possible. 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 wholesale water suppliers2. The TCEQ guidelines and requirements for wholesale suppliers are included in Appendix B. The North Texas Municipal Water District (NTMWD) has developed a model water conservation plan pursuant to TCEQ guidelines and requirements. The best management practices established by the Water Conservation Implementation Task Force3 were also considered in the development of the water conservation measures. The water conservation sections of the NTMWD model plan include measures that are intended to result in ongoing, long-term water savings. This plan replaces the previous plans dated August 2004,April 2006 and March 20084. 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. • Encourage efficient outdoor water use. • 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. 1-1 Water Conservation Plan The water conservation plan presented in this document is a model water conservation plan intended for adoption by the NTMWD Member Cities and Customers. In order to adopt this plan,the City of Wylie will need to do the following: • Complete the water utility profile (provided in Appendix C). • Complete the annual water conservation implementation report (in Appendix J). • Set five-year and ten-year goals for per capita water use. • Adopt ordinance(s) or regulation(s) approving the model 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 should also be provided to NTMWD, as well as TCEQ. This Water Conservation Plan for the City of Wylie, Texas applies to all users of the City of Wylie water supply. This model plan includes all of the elements required by TCEQ. 1 Superscripted numbers match references listed in Appendix A. 1-2 Water Conservation Plan 2. DEFINITIONS 1. ATHLETIC FIELD means a public sports competition field,the essential feature of which is turf grass, used primarily for organized sports practice, competition or exhibition events for schools, professional sports, or sanctioned league play. 2. COOL SEASON GRASSES are varieties of turf grass that grow best in cool climates primarily in northern and central regions of the U.S. Cool season grasses include perennial and annual rye grass, Kentucky blue grass and fescues. 3. CUSTOMERS include those entities to whom NTMWD provides water on a customer basis that are not members of NTMWD. 4. EVAPOTRANSPIRATION abbreviated as ET represents the amount of water lost from plant material to evaporation and transpiration. The amount of ET can be estimated based on the temperature, wind, and relative humidity. 5. ET/SMART CONTROLLERS are irrigation controllers that adjust their schedule and run times based on weather(ET) data.These controllers are designed to replace the amount of water lost to evapotranspiration. 6. EXECUTIVE DIRECTOR means the Executive Director of the North Texas Municipal Water District and includes a person the Director has designated to administer or perform any task, duty, function, role, or action related to this plan or on behalf of the Executive Director. 7. INSTITUTIONAL USE means the use of water by an establishment dedicated to public service, such as a school, university, church, hospital, nursing home, prison or government facility. All facilities dedicated to public service are considered institutional regardless of ownership. 8. MEMBER CITIES include the cities of Allen, Farmersville, Forney, Frisco, Garland, McKinney, Mesquite, Plano, Princeton, Richardson, Rockwall, Royce City, and Wylie, Texas. 9. MULTI-FAMILY PROPERTY means a property containing five or more dwelling units. 2-1 Water Conservation Plan 10. MUNICIPAL USE means the use of potable water provided by a public water supplier as well as the use of treated wastewater effluent for residential, commercial, industrial, agricultural, institutional, and wholesale uses. 11. RECLAIMED WATER means reclaimed municipal wastewater that has been treated to a quality that meets or exceeds the minimum standards of the 30 Texas Administrative Code, Chapter 210 and is used for lawn irrigation, industry, or other non-potable purposes. 12. REGULATED IRRIGATION PROPERTY means any property that uses 1 million gallons of water or more for irrigation purposes in a single calendar year or is greater than 1 acre in size. 13. RESIDENTIAL GALLONS PER CAPITA PER DAY(Residential GPCD)the total gallons sold for residential use by a public water supplier divided by the residential population served and then divided by the number of days in the year. 14. TOTAL GALLONS PER CAPITA PER DAY (Total GPCD) The total amount of water diverted and/or pumped for potable use divided by the total permanent population divided by the days of the year. Diversion volumes of reuse as defined in TAC 288.1 shall be credited against total diversion volumes for the purposes of calculating GPCD for targets and goals. 15. WATER CONSERVATION PLAN means this water conservation plan approved and adopted by the City of Wylie on April 22, 2014. 2-2 Water Conservation Plan 3. REGULATORY BASIS FOR WATER CONSERVATION PLAN 3.1 TCEQ Rules Governing Conservation Plans The TCEQ rules governing development of water conservation plans for public water suppliers are contained in Title 30, Part 1, Chapter 288, Subchapter A, Rule 288.2 of the Texas Administrative Code, 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 water2." The elements in the TCEQ water conservation rules covered in this conservation plan are listed below. Minimum Conservation Plan Requirements The minimum requirements in the Texas Administrative Code for Water Conservation Plans for Public Water Suppliers are covered in this report as follows: • 288.2(a)(1)(A)—Utility Profile—Section 4 and Appendix C • 288.2(a)(1)(B)—Specification of Goals—Section 5 • 288.2(a)(1)(C)—Specific, Quantified Goals—Section 5 • 288.2(a)(1)(D)—Accurate Metering—Section 6.1.1 • 288.2(a)(1)(E)—Universal Metering—Section 6.1.2 • 288.2(a)(1)(F)—Determination and Control of Water Loss—Section 6.1.3 • 288.2(a)(1)(G)—Public Education and Information Program—Section 6.2 • 288.2(a)(1)(H)—Non-Promotional Water Rate Structure—Section 7.1 • 288.2(a)(1)(I)—Reservoir System Operation Plan—Section 6.3 • 288.2(a)(1)(J)—Means of Implementation and Enforcement—Section 8 • 288.2(a)(1)(K)—Coordination with Regional Water Planning Group—Section 6.4 and Appendix F • 288.2(c)—Review and Update of Plan—Section 9 3-1 Water Conservation Plan Conservation Additional Requirements (Population over 5,000) • The Texas Administrative Code includes additional requirements for water conservation plans for drinking water supplies serving a population over 5,000 • 288.2(a)(2)(A)—Leak Detection, Repair, and Water Loss Accounting—Sections 6.1.4 • 288.2(a)(2)(B)—Record Management System—Section 6.1.5 • 288.2(a)(2)(C)—Requirement for Water Conservation Plans by Wholesale Customers —Section 6.6 Additional Conservation Strategies The TCEQ requires that a water conservation implementation report be completed and submitted on an annual basis. The template for this report is included in Appendix J. 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: • 288.2(a)(3)(F) — Considerations for Landscape Water Management Regulations — Section 7.5 and Appendix E TCEQ rules also include optional, but not required, conservation strategies that 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 7.1 • 288.2(a)(3)(B)—Ordinances, Plumbing Codes or Rules on Water-Conserving Fixtures —Section 7.2 • 288.2(a)(3)(C) — Replacement or Retrofit of Water-Conserving Plumbing Fixtures — Section 7.6 • 288.2(a)(3)(D)—Reuse and Recycling of Wastewater—Section 7.3 • 288.2(a)(3)(F) — Considerations for Landscape Water Management Regulations — Section 7.4, 7.5 and Appendix E • 288.2(a)(3)(G)—Monitoring Method—Section 7.7 • 288.2(a)(3)(H)—Additional Conservation Ordinance Provisions—Section 7.6 3-2 Water Conservation Plan 3.2 Guidance and Methodology for Reporting on Water Conservation and Water Use In addition to TCEQ rules regarding water conservation, this plan also incorporates elements of the Guidance and Methodology for Reporting on Water Conservation and Water Use developed by TWDB and TCEQ, in consultation with the Water Conservation Advisory Council (the "Guidance"). The Guidance was developed in response to a charge by the 82nd Texas Legislature to develop water use and calculation methodology and guidance for preparation of water use reports and water conservation plans in accordance with TCEQ rules. 3-3 Water Conservation Plan 4. WATER UTILITY PROFILE Appendix C to this model water conservation plan is a template water utility profile based on the format recommended by the TCEQ. In adopting this Water Conservation 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. 4-1 Water Conservation Plan 5. 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 water conservation plan include the following: • Maintain the total and residential per capita water use below the specified amount in gallons per capita per day in a dry year, as shown in the completed Table 5-1. • Maintain the water loss percentage in the system below 12 percent annually in 2013 and subsequent years, as discussed in Section 6.1.3. (The 12 percent goal for water loss is recommended but is not required. Systems with long distances between customers may adopt a higher percent water loss goal.) • Implement and maintain a program of universal metering and meter replacement and repair, as discussed in Section 6.1.2. • Increase efficient water usage through a water conservation ordinance, order or resolution as discussed in Section 7.5 and Appendix E. (This ordinance is required by the NTMWD.) • Decrease waste in lawn irrigation by implementation and enforcement of landscape water management regulations, as discussed in Section 7.6. (These landscape water management regulations are recommended but are not required.) • Raise public awareness of water conservation and encourage responsible public behavior by a public education and information program, as discussed in Section 6.2. • Develop a system specific strategy to conserve water during peak demands, thereby reducing the peak use. 5-1 Water Conservation Plan Table 5-1 Five-Year and Ten-Year Per Capita Water Use Goals(gpcd) Current ! 5-Year 10-Year Description Average Goal Goal (gpcd) (gpcd) (gpcd) Current 5-Year Average Total Per Capita Use with Credit for Reuse 112 <112 <112 Current 5-Year Average Residential Per Capita 89 <89 <89 Use Water Loss (GPCD)1 6.3 <10 <10 Water Loss (Percentage)2 5.8 <12 <12 Expected Reduction due to Low-Flow Plumbing 0 1 1 Fixtures Projected Reduction Due to Elements in this Plan 0 2 2 Water Conservation Goals(with credit for reuse) 112 112 112 1.Water Loss GPCD=(Total Water Loss_Permanent Population)_365 2.Water Loss Percentage=(Total Water Loss=Total Gallons in System)x 100;or(Water Loss GPCD:Total GPCD)x 100 5-2 Water Conservation Plan 6. BASIC WATER CONSERVATION STRATEGIES 6.1 Metering,Water Use Records, Control of Water Loss, 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 real losses. 6.1.1 Accurate Metering of Treated Water Deliveries from NTMWD Water deliveries from NTMWD are metered by NTMWD using meters with accuracy of ±2%. These meters are calibrated on a monthly basis by NTMWD to maintain the required accuracy. 6.1.2 Metering of Customer and Public Uses and Meter Testing, Repair, and Replacement The provision of water to all customers, including public and governmental users, will continue to be metered by 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 and 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. 6.1.3 Determination and Control of Water Loss Total water loss 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 for use but not sold. (Authorized for use but not sold would include use for firefighting, releases for flushing of lines, uses associated with new construction, etc.) Total water loss includes three categories: • Apparent Losses—including inaccuracies in customer meters. (Customer meters tend to run more slowly as they age and under-report actual use.) Losses due to illegal connections and theft. (Included in Appendix H.) Accounts which are being used but have not yet been added to the billing system. • Real Losses—includes physical losses from the system or mains, reported breaks and leaks, storage overflow. 6-1 Water Conservation Plan • Unidentified Water Losses— (System Input - Total Authorized - Apparent Losses - Real Losses) Measures to control water loss will be part of the routine operations of the City of Wylie. Maintenance crews and personnel will look for and report evidence of leaks in the water distribution system. A leak detection and repair program is described in Section 6.1.4 below. Meter readers will watch for and report signs of illegal connections, so they can be quickly addressed. Total water loss should be calculated in accordance with the provisions of Appendix J. With the measures described in this plan, the City of Wylie should maintain water loss percentage below 12 percent in 2014 and subsequent years. If total water loss exceeds this goal, the City of Wylie will implement a more intensive audit to determine the source(s) of and reduce the water loss. The annual conservation report described below is the primary tool that should be used to monitor water loss. 6.1.4 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. 6.1.5 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 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 7.7 below. 6.2 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. 6-2 Water Conservation Plan • Insert water conservation information with water bills. Inserts will include material developed by Member Cities' and Customers' staff and material obtained from the TWDB,the 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 Member City or Customer 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 information on water conservation available on its website (if applicable) and include links to the "Water IQ: Know Your Water" website, Texas Smartscape website and to information on water conservation on the TWDB and TCEQ web sites and other resources. • NTMWD is an EPA Water Sense Partner and participates in the EPA Water Sense sponsored "Fix a Leak Week." NTMWD encourages all member cities and customers to become EPA Water Sense Partners. • Utilize the Water My Yard website and encourage customers to sign-up to receive weekly watering advice. 6.3 NTMWD System Operation Plan The City of Wylie purchases treated water from NTMWD and does not have surface water supplies for which to implement a system operation plan. NTMWD operates multiple sources of water supply as a system. The operation of the reservoir system is intended to optimize the use of the District's sources (within the constraints of existing water rights) while minimizing energy use cost for pumping, maintaining water quality, minimizing potential impacts on recreational users of the reservoirs and fish and wildlife. 6.4 Coordination with Regional Water Planning Group and NTMWD Appendix F includes a letter sent to the Chair of the Region C and Region D water planning group with this model water conservation plan. The City of Wylie will send a copy of their draft 6-3 Water Conservation Plan ordinance(s) or regulation(s) implementing the plan and their water utility profile to NTMWD for review and comment. The adopted ordinance(s) or regulation(s) and the adopted water utility profile will be sent to the Chair of the appropriate Water Planning Group and to NTMWD. 6.5 Requirement for Water Conservation Plans by Wholesale Customers Every contract for the wholesale sale of water by the City of Wylie 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 Title 30, Part 1, Chapter 288, Subchapter A, Rule 288.2 of the Texas Administrative Code. 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. 6-4 Water Conservation Plan 7. ENHANCED WATER CONSERVATION STRATEGIES 7.1 Water Rate Structure The City of Wylie will continue to use 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. 2nd tier (from the average to 2 times the approximate average) at 1.25 to 2.0 times the base charge. 4. 3rd tier(above 2 times the approximate average) at 1.25 to 2.0 times the 2nd tier. 5. Additional tiers with further increases if desired. 6. 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. 7-1 Water Conservation Plan 7.2 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, 2.5 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. Rebate programs to encourage replacement of older fixtures with water conservation programs are discussed in Section 7.6. 7.3 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 Lavon Lake 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 to 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. 7.4 Interactive Weather Stations/Water My Yard Program NTMWD has developed the Water My Yard program to install weather stations throughout its service area to provide consumers with a weekly email and information through the Water My Yard website in determining an adequate amount of supplemental water that is needed to maintain healthy grass in specific locations. This service represents the largest network of weather stations providing ET-based irrigation recommendations in the State of Texas, and provides the public advanced information regarding outdoor irrigation needs, thereby reducing 7-2 Water Conservation Plan water use. Through a series of selections on the type of irrigation system a consumer has, a weekly email is provided that will determine how long (in minutes) that an irrigation system needs to run based on the past seven days of weather. This recommendation provides the actual amount of supplemental water that is required for a healthy lawn based on research of the Texas A&M Agrilife Extension Service and proven technologies. This innovative program has been available to those within the NTMWD service area since May 2013. 7.5 Compulsory Landscape and Water Management Measures The following landscape water management measures are adopted for use by this plan. These measures represent minimum measures to be implemented and enforced in order to irrigate the landscape appropriately, and are to remain in effect on a permanent basis unless water resource management stages are declared. 1. Landscape Water Management Measures • Limit landscape watering with sprinklers or irrigation systems at each service address to no more than two days per week (April 1 — October 31), with education that less than twice per week is usually adequate. Additional watering of landscape may be provided by hand-held hose with shutoff nozzle, use of dedicated irrigation drip zones, and/or soaker hose provided no runoff occurs. Lawn and landscape watering 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 • Limit landscape watering with sprinklers or irrigation systems at each service address to no more than one day per week beginning November 1 and ending March 31 of each year, with education that less than once per week is usually 7-3 Water Conservation Plan adequate. The watering day shall be on the customer's trash day unless otherwise set by the City of Wylie. • Prohibit lawn irrigation watering from 10 AM to 6 PM (April 1—October 31). • Prohibit the use or irrigation systems that water impervious surfaces. (Wind driven water drift will be taken into consideration.) • Prohibit outdoor watering during precipitation or freeze events. • Prohibition of use of poorly maintained sprinkler systems that waste water. • Prohibit excess water runoff or other obvious waste. • Require rain and freeze sensors and/or ET or Smart controllers on all new irrigation systems. Rain and freeze sensors and/or ET or Smart controllers must be maintained to function properly. • Prohibit watering of areas that have been overseeded, sodded, sprigged, broadcasted or plugged with cool season grasses, except for golf courses and athletic fields. • Requirement that all new irrigation systems be in compliance with state design and installation regulations (TAC Title 30, Part 1, Chapter 344). 2. Additional Water Management Measures • Prohibit the use of potable 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. • Non — commercial car washing can be done only when using a water hose with a shut-off nozzle. • Hotels and motels may offer a linen reuse water conservation option to customers. • Restaurants, bars, and other commercial food or beverage establishments may choose to provide drinking water to customers when a specific request is made by the customer for drinking water. Member Cities and Customers are responsible for developing regulations, ordinances, policies, or procedures for enforcement of water conservation guidelines. 7-4 Water Conservation Plan 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 this section. 7.6 Additional Water Conservation Measures In addition the City of Wylie adopts the following conservation measures as part of its plan: 1. Landscape Water Management Regulations • Recommend 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. • Recommend no planting of cool-season grasses (such as rye and other similar grasses) that intensify cool-season watering requirements with exception allowed for golf courses and public athletic fields. • Requirement that all new athletic fields be irrigated by a separate irrigation system from surrounding areas. • Implementation of other measures to encourage off-peak water use. 2. Landscape Ordinance • Landscape ordinances are developed by cities to guide developers in landscaping requirements for the city. A sample landscape ordinance is provided in Appendix I and is intended as a guideline for adopting a landscape ordinance to promote water efficient landscape design. • Native, drought tolerant or adaptive plants should be encouraged. • Drip irrigation systems should be promoted. • ET/Smart controllers that only allow sprinkler systems to irrigate when necessary should be promoted. 3. Water Audits 7-5 Water Conservation Plan • Water audits are useful in finding ways in which water can be used more efficiently at a specific location. NTMWD recommends that Member Cities and Customers offer water audits to customers if funding is available. 4. Rebates • In addition to the conservation measures described above, the NTMWD also recommends the following water conservation incentive programs for consideration by Member Cities and Customers if funds are available: o Low-flow toilet replacement and rebate programs, o Rebates for rain/freeze sensors and/or ET or Smart controllers, o Low-flow showerhead and sink aerators replacement programs or rebates, o Water efficient clothes washer rebates, o Pressure reducing valve installation programs or rebates, o Rain barrel rebates, o Pool covers, o On-demand hot water heater rebates, and/or o Other water conservation incentive programs. 7.7 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 total water loss for the current year and compares them to historical values. As part of the development of Appendix D, the City of Wylie will complete the tracking tool by March 31 of the following year and submit it to NTWMD. 7.8 Water Conservation Implementation Report Appendix J includes the TCEQ-required water conservation implementation report. The report is due to the TCEQ by May 1 of every year. This report lists the various water conservation strategies that have been implemented, including the date the strategy was implemented. The 7-6 Water Conservation Plan report also calls for the five-year and ten-year per capita water use goals from the previous water conservation plan. 7-7 Water Conservation Plan 8. IMPLEMENTATION AND ENFORCEMENT OF THE WATER CONSERVATION PLAN Appendix G contains a draft ordinance, order, or resolution which may be tailored to meet Member or Customer City needs and be adopted by the City Council or governing board regarding the model 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 Water Conservation Plan which incorporates the NTMWD Model Plan, including the determination of fines and enforcement procedures. 8-1 Water Conservation Plan 9. REVIEW AND UPDATE OF WATER CONSERVATION PLAN TCEQ requires that the water conservation plans be updated prior to May 1, 2014. The plans are required to be updated every five years thereafter. The plan will be updated as required and as appropriate based on new or updated information. 9-1 APPENDIX A LIST OF REFERENCES APPENDIX A LIST OF REFERENCES 1. Texas Commission on Environmental Quality Annual Report. http://www.tceq.texas.gov/permitting/water rights/conserve.html#imple 2. Title 30 of the Texas Administrative Code, Part 1, Chapter 288, Subchapter A, Rules 288.1 and 288.5, and Subchapter B, Rule 288.22, downloaded from http://info.sos.state.tx,us/pls/pub/readtac$ext.ViewTAC?tac view=4&ti=30&pt=1&ch=288, June 2013. 3. 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. 4. Water Conservation Advisory Council: Guidance and Methodology for Reporting on Water Conservation and Water Use, December 2012 5. Freese and Nichols, INC.: Model Water Conservation Plan for NTMWD Members Cities and Customers, prepared for the North Texas Municipal Water District, Fort Worth, November 2013. 6. Definitions from City of Austin Water Conservation and Drought Contingency Ordinance adopted August 16, 2012. http:J/www.austintexas.govJsitesJdefault/files/files/Watery Conservation Planning and Policy] ProposedCodeRevision DRAFT with watering schedule-8-15-2012.pdf 7. Definition from City of San Antonio Water Conservation Ordinance adopted 2005. http://saws.org/conservation/ordinance/docs/Ch34 Ordinance 2009,pdf 8. Definition developed by Freese and Nichols Inc. 9. Texas Water Development Board, Texas Commission on Environmental Quality, Water Conservation Advisory Council. "DRAFT Guidance and Methodology for Water Conservation Reporting." 10. Freese and Nichols Inc., Alan Plummer and Associates, CP & Y Inc. and Cooksey Communications. "2011 Region C Regional Water Plan" A-1 APPENDIX B TEXAS COMMISSION ON ENVIRONMENTAL QUALITY RULES ON MUNICIPAL WATER CONSERVATION PLANS APPENDIX B TEXAS COMMISSION ON ENVIRONMENTAL QUALITY RULESON 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. B-1 (2)Agricultural use--Any use or activity involving agriculture, including irrigation. (3) Best management practices--Voluntary efficiency measures that save a quantifiable amount of water, either directly or indirectly, and that can be implemented within a specific time frame. (4) 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. (5) Commercial use--The use of water by a place of business, such as a hotel, restaurant, or office building.This does not include multi-family residences or agricultural, industrial, or institutional users. (6) 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). (7) 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, and the development of power by means other than hydroelectric, but does not include agricultural use. (8) Institutional use--The use of water by an establishment dedicated to public service, such as a school, university, church, hospital, nursing home, prison or government facility. All facilities dedicated to public service are considered institutional regardless of ownership. (9) 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 from a public water supplier. (10) 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. (11) Mining use--The use of water for mining processes including hydraulic use, drilling, washing sand and gravel, and oil field re-pressuring. B-2 (12) Municipal use--The use of potable water provided by a public water supplier as well as the use of sewage effluent for residential, commercial, industrial, agricultural, institutional, and wholesale uses. (13) 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. (14) 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. (15) Public water supplier--An individual or entity that supplies water to the public for human consumption. (16) Residential use--The use of water that is billed to single and multi-family residences, which applies to indoor and outdoor uses. (17) Residential gallons per capita per day--The total gallons sold for residential use by a public water supplier divided by the residential population served and then divided by the number of days in the year. (18) 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. (19) 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. (20) 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 B-3 disposed of or discharged or otherwise allowed to flow into a watercourse, lake, or other body of state- owned water. (21) Total use--The volume of raw or potable water provided by a public water supplier to billed customer sectors or nonrevenue uses and the volume lost during conveyance, treatment, or transmission of that water. (22) Total gallons per capita per day (GPCD)--The total amount of water diverted and/or pumped for potable use divided by the total permanent population divided by the days of the year. Diversion volumes of reuse as defined in this chapter shall be credited against total diversion volumes for the purposes of calculating GPCD for targets and goals. (23)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). (24) 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. (25)Wholesale use--Water sold from one entity or public water supplier to other retail water purveyors for resale to individual customers. 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; amended to be effective January 10, 2008, 33 TexReg 193; amended to be effective December 6, 2012, 37 TexReg 9515 B-4 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 must 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 water suppliers must include the following elements: (A) a utility profile in accordance with the Texas Water Use Methodology, including, but not limited to, information regarding population and customer data, water use data (including total gallons per capita per day(GPCD) and residential GPCD), water supply system data, and wastewater system data; (8) a record management system which allows for the classification of water sales and uses into the most detailed level of water use data currently available to it, including, if possible, the sectors listed in clauses (i) - (vi) of this subparagraph. Any new billing system purchased by a public water supplier must be capable of reporting detailed water use data as described in clauses (i) - (vi) of this subparagraph: (i) residential; (I) single family; (II) multi-family; (ii) commercial; (iii) institutional; B-5 (iv) industrial; (v) agricultural; and, (vi)wholesale. (C) specific, quantified five-year and ten-year targets for water savings to include goals for water loss programs and goals for municipal use in total GPCD and residential GPCD. 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 water loss (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 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 B-6 (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; (B) 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, 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 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; B-7 (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) 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 every five years 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; amended to be effective December 6, 2012, 37 TexReg 9515 B-8 APPENDIX C TCEQ WATER UTILITY PROFILE Texas Commission on Environmental Quality UTILITY PROFILE AND WATER CONSERVATION PLAN REQUIREMENTS FOR MUNICIPAL WATER USE TCEQBY RETAIL PUBLIC WATER SUPPLIERS This form is provided to assist retail public water suppliers in water conservation plan development. If you need assistance in completing this form or in developing your plan, please contact the conservation staff of the Resource Protection Team in the Water Availability Division at(512)239-4691. Name: Click to add text Address: Telephone Number: ( ) Fax: ( ) Water Right No.(s): Regional Water Planning Group: Form Completed by: Title: Person responsible for implementing conservation program: Phone: ( ) Signature: Date: / / NOTE: If the plan does not provide information for each requirement, include an explanation of why the requirement is not applicable. TCEQ-10218(Rev.06/14/2013) Page 1 of 9 UTILITY PROFILE I. POPULATION AND CUSTOMER DATA A. Population and Service Area Data 1. Attach a copy of your service-area map and,if applicable, a copy of your Certificate of Convenience and Necessity(CCN). 2. Service area size(in square miles): (Please attach a copy of service-area map) 3. Current population of service area: 4. Current population served for: a. Water b. Wastewater 5. Population served for previous five 6. Projected population for service area in years: the following decades: Year Population Year Population 2020 2030 2040 2050 2060 7. List source or method for the calculation of current and projected population size. B. Customers Data Senate Bill 181 requires that uniform consistent methodologies for calculating water use and conservation be developed and available to retail water providers and certain other water use sectors as a guide for preparation of water use reports,water conservation plans, and reports on water conservation efforts.A water system must provide the most detailed level of customer and water use data available to it, however, any new billing system purchased must be capable of reporting data for each of the sectors listed below. http:// .tceq.texas.govjassets/public/ per itting/watersupply/water rights/sbi8i guidance.pdf TCEQ-10218(Rev.06/14/2013) Page 2 of 9 1. Current number of active connections. Check whether multi-family service is counted as 7 Residential or I— Commercial? Treated Water Users Metered Non-Metered Totals Residential Single-Family Multi-Family Commercial Industrial/Mining Institutional Agriculture Other/Wholesale 2. List the number of new connections per year for most recent three years. Year Treated Water Users Residential Single-Family Multi-Family Commercial Industrial/Mining Institutional Agriculture Other/Wholesale 3. List of annual water use for the five highest volume customers. Use(i,000 Treated or Raw Customer gal/year) Water 1. 2. 3. 4. 5. TCEQ—io218(Rev.o6/14/2o13) Page 3 of 9 II. WATER USE DATA FOR SERVICE AREA A. Water Accounting Data 1. List the amount of water use for the previous five years (in i,000 gallons). Indicate whether this is E diverted or E treated water. Year Month January February March April May June July August September October November December Totals Describe how the above figures were determine (e.g, from a master meter located at the point of a diversion from the source, or located at a point where raw water enters the treatment plant, or from water sales). 2. Amount of water(in i,000 gallons) delivered/sold as recorded by the following account types for the past five years. Year Account Types Residential Single-Family Multi-Family Commercial Industrial/Mining Institutional Agriculture Other/Wholesale TCEQ—10218(Rev.o6/14/2013) Page 4 of 9 3. List the previous records for water loss for the past five years (the difference between water diverted or treated and water delivered or sold). Year Amount(gallons) Percent B. Projected Water Demands If applicable, attach or cite projected water supply demands from the applicable Regional Water Planning Group 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 requirements from such growth. III. WATER SUPPLY SYSTEM DATA A. Water Supply Sources List all current water supply sources and the amounts authorized (in acre feet)with each. Water Type Source Amount Authorized Surface Water Groundwater Contracts Other B. Treatment and Distribution System 1. Design daily capacity of system (MGD): 2. Storage capacity(MGD): a. Elevated b. Ground 3. If surface water, do you recycle filter backwash to the head of the plant? n Yes I— No If yes, approximate amount(MGD): TCEQ—10218(Rev.06/14/2013) Page 5 of 9 IV. WASTEWATER SYSTEM DATA A. Wastewater System Data (if applicable) 1. Design capacity of wastewater treatment plant(s) (MGD): 2. Treated effluent is used for n on-site irrigation, 7 off-site irrigation,for 7 plant wash- down, and/or for F chlorination/dechlorination. If yes, approximate amount(in gallons per month): 3. Briefly describe the wastewater system(s) of the area serviced by the water utility. Describe how treated wastewater is disposed. Where applicable, identify treatment plant(s)with the TCEQ name and number,the operator, owner, and the receiving stream if wastewater is discharged. B. Wastewater Data for Service Area (if applicable) 1. Percent of water service area served by wastewater system: % 2. Monthly volume treated for previous five years (in i,000 gallons): Year Month January February March April May June July August September October November December Totals TCEQ—io218(Rev.o6/14/2013) Page 6 of 9 V. ADDITIONAL REQUIRED INFORMATION In addition to the utility profile,please attach the following as required by Title 3o, Texas Administrative Code,§288.2. Note: If the water conservation plan does not provide information for each requirement, an explanation must be included as to why the requirement is not applicable. A. Specific, Quantified 5&.10-Year Targets The water conservation plan must include 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. Note that the goals established by a public water supplier under this subparagraph are not enforceable B. Metering Devices The water conservation plan must include a statement about the water suppliers metering device(s),within an accuracy of plus or minus 5.o%in order to measure and account for the amount of water diverted from the source of supply. C. Universal Metering The water conservation plan must include and a program for universal metering of both customer and public uses of water,for meter testing and repair, and for periodic meter replacement. D. Unaccounted-For Water Use The water conservation plan must include 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.). E. Continuing Public Education&Information The water conservation plan must include a description of the program of continuing public education and information regarding water conservation by the water supplier. F. Non-Promotional Water Rate Structure The water supplier must have 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.This rate structure must be listed in the water conservation plan. G. Reservoir Systems Operations Plan The water conservation plan must include a reservoir systems operations plan,if applicable, providing for the coordinated operation of reservoirs owned by the applicant within a common watershed or river basin. The reservoir systems operations plan shall include optimization of water supplies as one of the significant goals of the plan. H. Enforcement Procedure and Plan Adoption The water conservation plan must include a means for implementation and enforcement,which shall be evidenced by a copy of the ordinance, rule, resolution, or tariff, indicating official adoption of the water conservation plan by the water supplier; and a description of the authority by which the water supplier will implement and enforce the conservation plan. TCEQ—10218(Rev.06/14/2013) Page 7 of 9 I. Coordination with the Regional Water Planning Group(s) The water conservation plan must include documentation of coordination with the regional water planning groups for the service area of the wholesale water supplier in order to ensure consistency with the appropriate approved regional water plans. J. Plan Review and Update 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. The revised plan must also include an implementation report. VI. ADDITIONAL REQUIREMENTS FOR LARGE SUPPLIERS Required of suppliers serving population of 5,000 or more or a projected population of 5,000 or more within ten years A. Leak Detection and Repair The plan must include a description of the 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. Contract Requirements 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, 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. VII. ADDITIONAL CONSERVATION STRATEGIES A. Conservation Strategies Any combination of the following strategies shall be selected by the water supplier, in addition to the minimum requirements of this chapter, if they are necessary in order to achieve the stated water conservation goals of the plan. The commission may require by commission order that any of the following strategies be implemented by the water supplier if the commission determines that the strategies are necessary in order for the conservation plan to be achieved: 1. 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; TCEQ—10218(Rev.06/14/2013) Page 8 of 9 2. 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; 3. A program for the replacement or retrofit of water-conserving plumbing fixtures in existing structures; 4. A program for reuse and/or recycling of wastewater and/or graywater; 5. A program for pressure control and/or reduction in the distribution system and/or for customer connections; 6. A program and/or ordinance(s)for landscape water management; 7. A method for monitoring the effectiveness and efficiency of the water conservation plan; and 8. 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. Best Management Practices The Texas Water Developmental Board's (TWDB) Report 362 is the Water Conservation Best Management Practices (BMP)guide. The BMP Guide is a voluntary list of management practices that water users may implement in addition to the required components of Title 3o, Texas Administrative Code, Chapter 288. The Best Management Practices Guide broken out by sector, including Agriculture, Commercial, and Institutional, Industrial, Municipal and Wholesale along with any new or revised BMP's can be found at the following link on the Texas Water Developments Board's website: http://www.twdb.state.tx.us/conservation/bmps/index.asp 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 512-239-3282. TCEQ-10218(Rev.06/14/2013) Page 9 of 9 APPENDIX D NTMWD MEMBER CITY AND CUSTOMER WATER CONSERVATION '. _;PORT APPENDIX D NTMWD MEMBER CITY AND CUSTOMER WATER CONSERVATION REPORT Due:March 31 of every year Entity Reporting: City of Wylie Filled Out By: Albert Garza Date Completed: 2/24/2014 Year Covered: 2013 #of Connections 13,093 Recorded Deliveries and Sales by Month(in Million Gallons): _ Deliveries ' Other Sales by Category Month from Publicl Supplies Residential r Commercial ' Industrial Wholesale Other 41 Total NTMWD Institutional January i 97.78 1 66.178 15.1271 1.607 4.122 0,310 87.344 February 90.809 56.850 13.4441 1.239 4.359 0.786 76.678 March 115.689 56.202 13.4871 0.752 3.871 0.198 74.510 April 124.219 81.596 17.6791 1.757 4.791 2.992 108.815 May 155.067 96.878 213601 4.385 5.555 0.788 128.966 June 133.246 82.968 19.531 3.481 4.935 0.656 111.571 July 74.673 145.766 29.289. 9.441 6.929 0.109 191.534 August 198,462 150.809 29.619` 11.973 6.250 0.015 198.666 September 200.384 151.805 29.623 10.249 7.364 0.044 199.085 October 136.036 75,714 19.434 3.686 4.600° 0.613 104.047 November 113.659 58.143 13.128 3.597 3.981 2.735 81.584 December 110.579 57.689 13.092 2.345 4.375 0.917 78.418 TOTAL 1,550.603 0.000 1,080.598 234.8131 54.512'1 61.132 0.000; 10.163i 1,441.218 Peak Day Usage Peak Day(MG) 11.802 Total peak day use(Peak day delivery from NTMWD+other supplies) Average Day(MG) 4.248 Average day use(Annual deliveries from NTMWD+other supplies/365 days) Peak/Average Day Ratit 2.778 Total peak day use/average day use Unaccounted Water(Million Gallons): NTMWD Deliveries 1,550.603 from Table above Other Supplies 0.000 from Table above Total Supplies 1,550.603 from Table above Total Sales 1,441.218 from Table above Estimated Fire Use 0.587 estimated from best available data Estimated Line Flushing Use 17.954 estimated from best available data Unaccounted Water 90.844 %Unaccounted 5.86% Goal for%Unaccounted 12.00% D-1 Per Capita Use(Gallons per person per day) Total Use(MG) 1,550.603 from Table above(NTMWD deliveries+other supplies-wholesale) Municipal Use(MG) 1,479.308 from Table above(NTMWD deliveries+other supplies-industrial sales-municipal sales-wholesale -other sales) from Table above(NTMWD deliveries+other supplies-commercial sales-public/institutional sales-industrial Residential Use(MG) 1,189.983 sales-municipal sales-wholesale-other sales) Estimated Population 39,279 Source: Total Per Capita Use(gpcd) 108.16 Municipal Per Capita Use(gpcd) 103.18 Residential Per Capita Use(gpcd) 83.00 5-year Per Capita Goal( ) 115 10-year Per Capita Goal( ) 115 Recorded Wholesale Sales by Month(in Million Gallons): Sales to Sales to Sales to Sales to Sales to Sales to Sales to Sales to Total Wholesale Month ' Sales January 0.000 February I 0.000 March 0.000 April I 0.000 May 0.000 June 0.000 July 0.000 August 0.000 September 1 0.000 October 0.000 November 0.000 December I 0.000 TOTAL 0.000 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 necessary): On October 30,2013 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. Progress in Implementation of Conservation Plan(use additional sheets if necessary): The City of Wylie is currently keeping track of all unmetered water throughout the City by monitoring the following:Firefighting,Dead End Main Flushing,Unidirectional Flushing,Stormdrain Maintenance,Street Cleaning,Water Main Breaks and Sewer Line Jetting. The City of Wylie Conservation Plan was approved by Council on April 28,2009. The Water Conservation Plan is posted on the City website for public viewing. D-3 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 continue educating the public on water conservation as needed when wasteful practices are observed,Enforcement if necessary. 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 City of Wylie Deliveries Other Metered Sales by-Caiegory(Million Gallons) I Estimated from Year Connections Supplies i . . . Public! Population NTMWD (MG) Residential'Commercial 'Industrial Wholesale Bulk Sale Total Institutional (MG) 1 1990 0.001 1991 0.111 1992 0.011 1993' , 1 0.001 1994i 1 0.000 1 1995 i 0.000 1996 ! 0.111 1997 0.000 1 1998 0.000 1999 0.0001 2000 0.000' 2001 1 i 0.000! 2002 0.000 2003 0.000 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 1,019.082 198.426 57.231 118.468 34.293 1,427.500 2007 11,147 33,441 1,356.306 821.379 165.679 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 11,551 34,653 1,476 , 964.670 201.033 51.796 50.607 3.204 1,271.310 2010 12,846 38,538 1,604.320 1,119.625 256.617 57.001 75.244 5.491 1,513.978 , k 2011 13,020 39,060 1818.459 1275.826 279.368 75.257 73.746 17.578 1721.775 2012 12,998, 38,994 1644,278 0 1113.6987 230,544 75.780 73.01518 7.6798 1500.7176 2013 13093, 39,279 1550.603 1080.598 234.813 54.512, 61.132 10.163 1441.218, 2014 . 0 2015 . i < r 0 D-5 Historical Per Capita Use Data and Unaccounted Water for City of Wylie In-City Per Capita Deliveries Total Estimated Other Estimated Unaccounted Estimated Municipal Municipal from Metered Line % Year Supplies Fire Use Water Population Use Use NTMWD Sales Flushing Unaccounted (MG) (MG) (MG) (MG) (gpcd) (MG) (MG) (MG) 1995 0 0.000 #DIV/0! 0.000 0.000 0.000 0.000 #DIV/0! 1996 0 0.000 #DIV/0! 0.000 0.000 0.000 0.000 #DIV/0! 1997 0 0.000 #DIV/0! 0.000 0.000 0.000 0.000 #DIV/0! 1998 0 0.000 #DIV/0! 0.000 0.000 0.000 0.000 #DIV/0! 1999 0 0.000 #DIV/0! 0.000 0.000 0.000 0.000 #DIV/0! 2000 0 0.000 #DIV/0! 0.000 0.000 0.000 0.000 #DIV/0! 2001 0 0.000 #DIV/0! 0.000 0.000 0.000 0.000 #DIV/0! 2002 0 0.000 #DIV/0! 0.000 0.000 0.000 0.000 #DIV/0! 2003 0 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 33,441 1,263.083 103 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 34,653 1,422.002 112 1,475.813 0.000 1,271.310 0.152 76.345 128.006 8.67% 2010 38,538 1,520.122 108 1,604.320 0.000 1,513.978 0.138 24.442 65.762 4.10% 2011 39,060 1,727.135 121 1,818.459 0.000 1,721.775 0.096 26.431 70.157 3.86% 2012 38,994 1,563.583 110 1,644.278 0.000 1,500.718 0.553 24.992 118.015 7.18% 2013 39,279 1,479.308 103 1,550.603 0.000 1,441.218 0.587 17.954 90.844 5.86% 2014 0 0.000 #DIV/0! 0.000 0.000 0.000 0.000 #DIV/0! _ 2015 0 0.000 #DIV/0! 0.000 0.000 0.000 0.000 #DIV/0! D-6 Note: In-city municipal use=total water supplied less sales to industry, wholesale sales and other sales. D-6 Estimated Population 8 8 9QP0 1990 1991 1 1992 1993 1994 1995 1996 1997 1998 1999 co 2000 2,1 2001 2002 2003 2004 2005 2006 2008 2009 - - 2010 2011 -; - 2012 2013 2014 2015 Historical Water Use in Million Gallons °° 1.) "41:. "a. 00 8 C 8 8 8 8 - - t t 1990 1 1991 1992 1993 1994 1995 1996 1997 1998 1999 2000 2001 to 2002 Ml C.) 2003 I 8,0 2004 2005 2006 et, . .110.111113 2007 2008 2009 2010 2011 'MOMMINNIMINNIE 2012 2013 2014 I 2015 . LL. z • o : -3 St 9, ci) -5 cn Historical Water Sales by Classification 2,000.000 1,800.000 CA 1,600.000 (.7 1,400.000 II 11110ther Sales 1 200.000 OWholesale Sales Industrial Sales •cc113 1,000.000 °Public/Institutional Sales 800.000 1111 13Commercial Sales 171 c.) 600.000 0 •Residential Sales 400.000 11111111 200.000 -4 0.000 rrr11151r r ' 111111Ik C•1 7r. 00 CN mi CNI Cr) 7t. vz) r-- 00 CT 0 —4 c 71- In CA CN CT CN CN CN CN 0 0 0 0 0 0 0 0 0 —4 —1 —4 CN CA CT CT CT CT CT CA CT 0 0 0 0 0 0 CS) 0 0 0 0 CD 0 0 0 0 N N (NI N N N N N N N CN1 c•I N Year D-9 Per Capita Municipal Use in GPCD t\.) 00 0 1 995 1996 1 997 1998 1 999 2000 (7) 200 1 S'" 2002 2003 2004 ; E/ 2005 '22,3...„1,5;,Staiii5:10,ElEfigiffltlit.531 2006 2007 . et 2008 Mi'tf!Ei2tagrii'?: 2009 20 10 2011 2012 2013 2014 2015 • Percent of Water Unaccounted -4, oo C4:: c:7\ 00 1995 1996 1997 1998 1999 2000 2001 P: 2002 et. 2003 - t51- 2004 et, 2005 if:SI-TgAgsgagaRign:!2---;:g-itsgt--;i3g,SiRE253I-M 2 2006 1. et) . . . 2007 I 1.114 2008 2009 2010 1 2011 • I L . 2012 2013 2014 2015 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: 1) 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 2) 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 3) 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 days per week. 2. Rain and Freeze Sensors and/or ET or Smart Controllers E-1 Any new irrigation system installed on or after November 4, 2004, must be equipped with rain and freeze sensing devices and/or ET or Smart controllers in compliance with state design and installation regulations. a. A person commits an offense on property owned, leased or managed if the person: 1) knowingly or recklessly installs or allows the installation of new irrigation systems in violation of Subsection B.2.a; or 2) 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 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 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 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: 1) has broken or missing sprinkler head(s); or 2) has not been properly maintained to prevent the waste of water. b. A person commits an offense if, the person knowingly or recklessly waters areas on property that the person owns, leases, or manages, that have been overseeded, E-2 sodded, sprigged, broadcasted or plugged with cool season grasses. Golf courses and public athletic fields are exempt from this restriction. c. All new athletic fields must have separate irrigation systems that are capable of irrigating the playing fields separately from other open spaces. 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: 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 , 2014. Sincerely, Jim Parks North Texas Municipal Water District F-1 Date Mr. Bret McCoy Chair, Region D Water Planning Group 700 CR3347 Omaha, TX 75571 Dear Mr. McCoy: 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 , 2014. 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 THE 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. 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 G-1 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 G-3 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 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 Special Utility District Order G-4 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 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 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 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. G-5 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 Water Supply Corporation Resolution Adopting Water Conservation Plan G-6 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 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. G-7 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 THEFT 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). (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. H-1 (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. H-3 (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. 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. H-5 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-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 performs 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 SAMPLE LANDSCAPE ORDINANCE APPENDIX I SAMPLE LANDSCAPE ORDINANCE This is an example of a basic landscape ordinance which can be adopted or modified for adoption by municipalities or other jurisdictions. Landscape ordinances with a wide variety of formats and levels of complexity have been adopted by the governments of NTMWD Member Cities and Customers to date. 1. PURPOSE Landscaping is accepted as adding value to property and is in the interest of the general welfare of the City. The provision of landscaped areas also serves to increase the amount of a property that is devoted to pervious surface area which, in turn, helps to reduce the amount of impervious surface area, storm water runoff, and consequent nonpoint pollution in local waterways.Therefore, landscaping is hereafter required of new development, including single and two family uses. Single and two family use requirements are less in scope than those for other uses such as multi family, commercial, institutional, and industrial development. Landscape requirements for these uses are set forth herein. 2. SCOPE AND ENFORCEMENT The standards and criteria contained within this Section are deemed to be minimum standards and shall apply to all new or altered construction occurring within the City exceeding thirty percent (30%) of the original floor and/or site area. Additionally, any use requiring a Conditional Use Provision (CUP) zoning designation must comply with these landscape standards unless special landscaping standards are otherwise provided for in the ordinance establishing the CUP district. The provisions of this Section shall be administered and enforced by the City Manager or his/her designee. If at any time after the issuance of a certificate of occupancy, the approved landscaping is found to be not in conformance with the standards and criteria of this Section, the City Manager (or his/her designee) shall issue notice to the owner, citing the violation and describing what action is required to comply with this Section. The owner, tenant or agent shall have thirty (30) calendar days from date of said notice to establish/restore the landscaping, as required. If the landscaping is not established/restored within the allotted time,then such person shall be in violation of this Ordinance. 3. PERMITS No permits shall be issued for building, paving, grading or construction until a detailed landscape plan is submitted and approved by the City Manager or his/her designee, along with the site plan and I-1 engineering/construction plans.A landscape plan shall be required as part of the site plan submission, as required in Section . The landscape plan may be shown on the site plan (provided the site plan remains clear and legible) or may be drawn on a separate sheet. Prior to the issuance of a certificate of occupancy for any building or structure, all screening and landscaping shall be in place in accordance with the landscape plan. In any case in which a certificate of occupancy is sought at a season of the year in which the City Manager, or his/her designee, determines that it would be impractical to plant trees, shrubs or groundcover, or to successfully establish turf areas, a temporary certificate of occupancy may be issued provided a letter of agreement from the property owner is submitted that states when the installation shall occur. All landscaping required by the landscaping plan shall be installed within six (6) months of the date of the issuance of the certificate of occupancy. 4. LANDSCAPE PLAN Prior to the issuance of a building, paving, grading or construction permit for any use other than single family detached or two family dwellings, a landscape plan shall be submitted to the City Manager, or his/her designee.The City Manager, or his/her designee, shall review such plans and shall approve same if the plans are in accordance with the criteria of these regulations. If the plans are not in conformance, they shall be disapproved and shall be accompanied by a written statement setting forth the changes necessary for compliance. The landscape plan shall be prepared and by a person knowledgeable in plant material usage and landscape design (e.g., landscape architect, landscape contractor, landscape designer, etc.). For all uses other than single and two family uses,the landscape plan shall be sealed by a registered landscape architect and shall contain the following minimum information: A. Minimum scale of one inch (1") equals fifty feet(S0'); show scale in both written and graphic form. B.Trunk location and caliper size, dripline location, and species of all trees to be preserved. Tree stamps or standard symbols shall not be used unless they indicate true size and location of trees and driplines. C. Location of all plant and landscaping material to be used, including plants, paving, benches, screens, fountains, statues, earthen berms, ponds (to include depth of water), topography of site, or other landscape features. D. Species and common names of all plant materials to be used. E. Size of all plant material to be used (container size, planted height, etc.) F. Spacing of plant material where appropriate. 1-2 G. Layout and description of irrigation, sprinkler, or water systems including location of water sources. H. Name and address of the person(s) responsible for the preparation of the landscape plan. I. North arrow/symbol, and a small map indicating location of the property. K. Date of the landscape plan. 5. GENERAL STANDARDS The following criteria and standards shall apply to landscape materials and installation: A. All required landscaped open areas shall be completely covered with living plant material or landscape mulch materials such as shredded hardwood mulch or decomposed granite B. Plant materials shall conform to the standards of the approved plant list for the City and the current edition of the "American Standard for Nursery Stock" (as amended), published by the American Association of Nurserymen. Grass seed, sod and other material shall be clean and free of weeds and noxious pests and insects. C. Large trees shall have an average spread of crown of greater than fifteen feet (15') at maturity. Trees having a lesser average mature crown of fifteen feet (15') may be substituted by grouping the same so as to create the equivalent of fifteen feet (15') of crown spread. Large trees shall be a minimum of three inches (3") in caliper measured six inches (6") above the ground and ten feet (10') in height at time of planting. Small trees shall be a minimum of two inches (2") in caliper measured six inches (6") above the ground and eight feet (8') In height at time of planting. D. Shrubs not of a dwarf variety shall be a minimum of two feet (2') in height when measured immediately after planting. Hedges, where installed for screening purposes, shall be planted and maintained so as to form a continuous, unbroken, solid visual screen which will be six feet (6') high within three (3)years after time of planting (except for parking lot/headlight screens, which shall form a continuous, solid visual screen three feet high within two years after planting). E. Vines not intended as ground cover shall be a minimum of two feet (2') in height immediately after planting and may be used in conjunction with fences, screens, or walls to meet landscape screening requirements as set forth. 1-3 F. Grass areas shall be sodded, plugged, sprigged, hydro mulched and/or seeded, except that solid sod shall be used in swales, earthen berms or other areas subject to erosion. G. Ground covers used in lieu of grass in whole and in part shall be planted in such a manner as to present a finished appearance and complete coverage within one (1)year of planting. H. All automatic, underground irrigation system shall have freeze and rain sensors to prevent watering at inappropriate times. Landscaped areas having less than four (4) feet in width shall be irrigated by underground tubing or other capillary system but not by aboveground spray. All required landscape planting shall be required to be maintained in a healthy, living and growing condition. Irrigation equipment (except for controllers and weather stations) shall not be visible from public streets or walkways. I. Earthen berms shall have side slopes not to exceed 33.3 percent (three feet (3') of horizontal distance for each one foot (1') of vertical height). All berms shall contain necessary drainage provisions as may be required by the City's Engineer. 6. MINIMUM LANDSCAPING REQUIREMENTS FOR ALL USES OTHER THAN SINGLE- AND TWO-FAMILY RESIDENTIAL DEVELOPMENTS A. For all uses other than single and two-family uses, at least twenty percent (20%) of the street yard shall be permanently landscaped area. The street yard shall be defined as the area between the building front and the front property line. For gasoline service stations, the requirement is a minimum of fifteen percent (15%) landscaped area for the entire site, including a six hundred (600) square foot landscaped area at the street intersection corner (if any), which can be counted toward the fifteen percent (15%) requirement. B. A minimum fifteen foot (15') landscape buffer adjacent to the right-of-way of any major thoroughfare is required. Corner lots fronting two (2) major thoroughfares shall provide the appropriate required landscape buffer on both street frontages. All other street frontages shall observe a minimum ten foot (10') landscape buffer. One (1) large shade tree shall be required per forty (40) linear feet (or portion thereof) of street frontage.Trees may be grouped or clustered to facilitate site design and to provide an aesthetically pleasing, natural looking planting arrangement. The landscaped buffer area may be included in the required street yard landscape area percentage. 1-4 C. Landscape areas within parking lots should generally be at least one parking space in size, with no landscape area less than fifty (50) square feet in area. Landscape areas shall be no less than five feet (5') wide and shall equal a total of at least sixteen (16) square feet per parking space. There shall be a landscaped area with at least one (1) large tree within sixty feet (60') of every parking space. There shall be a minimum of one (1) large tree planted in the parking area for every ten (10) parking spaces for parking lots having more than twenty (20) spaces. Within parking lots, landscape areas should be located to define parking areas and to assist In clarifying appropriate circulation patterns. A landscape island shall be located at the terminus of all parking rows, and shall contain at least one tree. All landscape areas shall be protected by a monolithic concrete curb or wheel stops, and shall remain free of trash, litter, and car bumper overhangs. The area of parking lot landscaping islands shall be In addition to the required street yard landscape area percentage. D. All existing trees which are to be preserved shall be provided with undisturbed, permeable surface area under and extending outward to the existing dripline of the tree. All new trees shall be provided with a permeable surface under the dripline a minimum of five feet(5') by five feet(5'). E. A minimum of fifty percent (50%) of the total trees required for the property shall be large shade trees as specified on the City's approved plant list. Large trees shall not be used under existing or proposed overhead utility lines. F. Necessary driveways from the public right-of-way shall be permitted through all required landscaping in accordance with City regulations. 7. MINIMUM LANDSCAPING REQUIREMENTS FOR SINGLE-FAMILY AND TWO- FAMILY DEVELOPMENTS A. For all single family and two family developments, each residential lot shall be planted with at least one (1) large tree having a minimum caliper of three inches (3") in the front yard; and one (1) large tree having a minimum caliper of three inches (3") in the back yard; and one (1) small tree having a minimum caliper of two inches (2") in the front yard; and two (2) small trees having a minimum caliper of two inches (2") in the back yard.Trees shall be from the city's approved plant list. B. Only small trees from the city's approved plant list shall be allowed to be planted between the street curb and the right-of-way, unless otherwise specifically approved as part of a Planned Development (PD). I-5 8. SIGHT DISTANCE AND VISIBILITY Rigid compliance with these landscaping requirements shall not be such as to cause visibility obstructions and/or blind corners at intersections. Whenever an intersection of two (2) or more public right-of-way occurs, a triangular visibility area, as described below, shall be created. Landscape planting within the triangular visibility area shall be designed to provide unobstructed cross visibility at a level between thirty inches (30") and seven feet (7') measured above top of curb. Trees may be permitted in this area provided they are trimmed in such that lateral limbs or foliage extend into the cross visibility area.The triangular areas are: A.The areas of property on both sides of the intersection of an alley access way and public right-of-way shall have a triangular visibility area with two (2) sides of each triangle being a minimum of ten feet (10') in length from the point of intersection and the third side being a line connecting the ends of the other two (2)sides. B. The areas of property located at a corner formed by the intersection of two (2) or more public right- of-ways (or a private driveway onto a public road) shall have a triangular visibility area with two (2) sides of each triangle being a minimum of twenty five feet (25') in length along the right-of-way lines (or along the driveway curb line and the road right-of-way line) from the point of the intersection and the third side being a line connecting the ends of the other two (2) sides. In the event other visibility obstructions are apparent in the proposed landscape plan, as determined by the City Manager or his/her designee, the requirements set forth herein may be reduced to the extent to remove the conflict. 1-6 9. SAMPLE RECOMMENDED PLANT LIST These native/adapted plants exhibit a combination of outstanding characteristics in low water use, low maintenance, disease and insect resistance, and appearance. Large Trees Texas Mountain Laurel Perennials Bur Oak Texas Persimmon Autumn Pink/Maroon Sage Cedar Elm Tree Yaupon Holly Black-Eyed Susan Chinquapin Oak Vitex/Chaste Tree Blue Plumbago Lacebark Elm Gayfeather Live Oak Tall Shrubs Indian Blanket Shumard Oak Nellie R. Stevens Holly Purple Coneflower Texas Ash Oleander Russian Sage Wax Myrtle Skeletonleaf Goldeneye Medium Trees Yew Texas Lantana Lacey Oak Little Gem Magnolia Medium/Small Shrubs Ornamental Grasses Shantung Maple Agave Big Muhly Texas Pistache Boxleaf Euonymus Dwarf Fountain Grass Compact Eleagnus Mexican Feathergrass Narrow-Leaf Trees Compact Texas Sage Arizona Cypress Dwarf Burford Holly Groundcover/Vines Bald Cypress Dwarf Yaupon Holly Carolina Jessamine Deodar Cedar Dwarf Oleander Crossvine Eastern Red Cedar Indian Hawthorne Liriope/Giant Liriope Spartan Juniper Knock-Out Red/Pink Rose Trailing Rosemary Lorapetalum Small Trees Red Yucca Turf Crepe Myrtle Sandankwa Viburnum Bermuda Grass Desert Willow Softleaf Yucca Buffalo Grass Possumhaw Holly Spineless Prickly Pear Zoysia Redbud Upright Rosemary Savannah Holly 1-7 APPENDIX J TCEQ WATER CONSERVATION IMPLEMENTATION REPORT Texas Commission on Environmental Quality Water Conservation Implementation Report Tao Public Water Supplier This five year 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 Availability Division at(512)239-4691. CONTACT INFORMATION Name of Entity: Public Water Supply Identification Number(PWS ID):Click here to enter text. CCN numbers: Click here to enter text, Water Right Permit numbers: Click here to enter text. Wastewater ID numbers: Click here to enter text. Check all that apply: 0 Retail Public Water Supplier El Wholesale Public Water Supplier Address: Click here to enter text, City: Click here no enter text. Zip Code: Click here to enter text. Email: Click here to enter text, Telephone Number: Click here to enter text. Regional Water Planning Group: Click here to enter text.Map Groundwater Conservation District: Click here to enter text.Map Form Completed By: Click here to enter text. Title: Click here to enter text. Signature: Date: Click here to enter a date. Contact information for the person or department responsible for implementing the water conservation plan: Name: Click here to enter text. Phone: Click here to enter text. Email: Click here to enter text. Report Completed on Date: Click here to enter a date. Reporting Period(check only one): 0 Fiscal Period Begin:Click here to enter a date. Period End: Click here to enter a.date. TCEQ-20646 rev. (09-18-2013) Page 1 of 11 O Calendar Period Begin:( lick here to enter a date. Period End: Click here to enter a date. Please check all of the following that apply to your entity: O A surface water right holder of 1,000 acre-feet/year or more for non-irrigation uses O A surface water right holder of 10,000 acre-feet/year or more for irrigation uses M portant* If your entity meets the following description, please skip page 3 and go directly to page 4. Your entity is a Wholesale Public Water Supplier that ONLY provides wholesale water services for public consumption. For example, you only provide wholesale water to other municipalities or water districts. TCEQ-20646 rev. (09-18-2013) Page 2 of 11 Water Use Accounting Retail Water Sold: All retail water sold for public use and human consumption. Helpful Hints: There arc two options avlilable 1'4 you to provide thc requested information, bath options ask the sit-R,s in tbrumn iott howovcr, Fields that are gray are entered by the user, Invel toutil and br,,N,Ii( tioAn or in formai ion tlificis H2t\vccs'n the Select fields that are white and press F9 to two options. Please sLin(a oriL,'option thut for your entity updated fields. and fill in thU flclk as complc(cly as possible. For the five-year reporting period, enter the gallons of RETAIL water sold in each major water use category. Use only one of the following options. Option 1 Water Use Category* Gallons Sold Single Family Residential Multi-Famil Residential TOTAL Residential Usel 0 Industrial Commercial Institutional TOTAL Retail Water Sold2 0 1. [SF Res+MF Res=Residential Use] 2. [Res+lnd+Com+lns=Retail Water Sold] Option 2 Water Use Category * Gallons Sold Residential Select all of the sectors that your account for as"Residential". 0 Single Family El Multi-Family Commercial Please select all of the sectors that your account for as "Commercial". 0 Commercial El Multi-Family Industrial El Institutional Industrial Please select all of the sectors that your account for as "Industrial". El Industrial El Commercial El Institutional Other Please select all of the sectors that your account for as"Other". 0Commercial Multi-Family E Industrial LII Institutional TOTAL Retail Water Soldi 0.00 1. [Res+Com+Ind+Other=Retail Water Sold] TCEQ-20646 rev. (09-18-2013) Page 3 of 11 Wholesale Water Exported: Wholesale water sold or transferred out of the distribution system. For the five-year reporting period, enter the gallons of WHOLESALE water exported to each major water use category. Water Use Category* Gallons of Exported Wholesale Water I a1 Customers Munlc�'p ti ,�.. ...�.. Agricultural Customers Industrial Customers Commercial Customers Institutional Customers TOTAL Wholesale Water Exported I 0.00 1. [Mun+Agr+Ind+Com+Ins=Wholesale Water Exported] TCEQ-20646 rev. (09-18-2013) Page 4 of 11 Fields that are gray are entered by the user. System Data Select fields that are white and hit F9 to updated fields. Total Gallons During the Five-Year Reporting Period Water Produced: Volume produced from own sources Wholesale Water Imported : Purchased wholesale water imported from other sources into the distribution system Wholesale Water Exported: Wholesale water sold or transferred out of the distribution system (Insert Total Volume calculated on Page 4) TOTAL System Input : Total water supplied 0.00 to the infrastructure [Produced+Imported-Exported=System Input] Retail Water Sold : All retail water sold for public use and human consumption(Insert Total Residential Use from Option 1 or Option 2 calculated on Page 3) Other Consumption Authorized for Use but not Sold: - back flushing water - line flushing - storage tank cleaning - golf courses - fire department use - parks - municipal government offices TOTAL Authorized Water Use: All water that has been authorized for use or 0.00 consumption. [Retail Water Sold+Other Consumption=Total Authorized] Apparent Losses—Water that has been consumed but not properly measured (Includes customer meter accuracy, systematic data discrepancy,un-authorized consumption such as theft) Real Losses— Physical losses from the . .. _ M.. P distribution system prior to reaching the customer destination (Includes physical losses from system or mains,reported breaks and leaks, storage overflow) Unidentified Water Losses 0.00 [System Input-Total Authorized-Apparent Losses-Real Losses =Unidentified Water Losses] TOTAL Water Loss 0.00 [Apparent+Real+Unidentified=Total Water Loss] TCEQ-20646 rev. (09-18-2013) Page 5 of 11 Targets and Goals In the table below, please provide the specific and quantified five and ten-year targets for water savings listed in your water conservation plan... Fields that are gray are entered by the user. Select fields that are white and hit F9 to update fields. Date Target for: Target for: ', Target for: Total GPCD Water Loss Water Loss Percentage (expressed in GPCD) (expressed in Percentage) Five-year target date: dd/mm/yyyy Ten-year target date: dd/mm/yyyy Are targets in the water conservation plan being met? Yes ❑ No ❑ If these targets are not being met, provide an explanation as to why, including any progress on these targets: Click here to enter text. Gallons per Capita per Day (GPCD) and Water Loss Compare your current gpcd and water loss to the above targets and goals set in your previous water conservation plan. Permanent Total System Input in Gallons Population Current GPCD [(System Input_Permanent Population)/5/ [Produced+Imported—Exported=System Input] 365 ] Permanent Population is the total permanent population of the service area. This includes single family, multi-family, and group quarter populations. Permanent Residential GPCD Total Residential Use Population [(Residential Use-Residential Population)/ 5/365] Residential Population is the total residential population of the service area including single&multi-family population. TCEQ-20646 rev. (09-18-2013) Page 6 of 11 Total Water Loss Total System Input in Permanent Water Loss calculated Gallons Population in GPCD t Percent 2 [Water Produced+Wholesale [Apparent+Real+Unidentified=Total Water Imported-Wholesale Exported] Loss] 1. [Total Water Loss +Permanent Population]/5/365—Water Loss GPCD] 2. [Total Water Loss=Total System Input]x 100—Water Loss Percentage] Water Conservation Programs and Activities As you complete this section,please review your water , � i * conservation plan to see if you are making progress Fields that are gray are entered by the user. towards meeting your stated goals. Select fields that are white and hit F9 to undated fields. 1. Water Conservation Plan What year did your entity adopt, or revise, their most recent water conservation plan: Click here to enter text, Does the plan incorporate Best Mana ement Practices? Yes ❑ No ❑ 2. Water Conservation Programs For the reporting period, please select the types of activities and programs that have been actively administered,and estimate the expense and savings that incurred in implementing the conservation activities and programs for the past five years. Leave the field blank if unknown: Estimated Estimated Gallons gr Proam or Activity Expenses Saved Conservation Analysis & Planning v Conservation Coordinator 0 Water Survey for Single-Family and Multi- Family Customers Financial El Wholesale Agency Assistance Programs LI Water Conservation Pricing/Rate Structures System Operations © Water Loss Audits ^.µ0 Leak Detection 0 Universal. Metering and Metering Repair Landscaping © Landscape Irrigation Conservation and TCEQ-20646 rev. (09-18-2013) Page 7 of 11 Incentives • Athletic Fields Conservation © Golf Course Conservation O Park Conservation Education & Public Awareness O School Education © Public Information Rebate, Retrofit, and Incentive Programs E Conservation Programs for ICI Accounts • Residential Clothes Washer Incentive Program Li Water Wise Landscape Design and Conversion Programs 0 Showerhead, Aerator, and Toilet Flapper Retrofit © Residential Toilet Replacement Programs Rainwater Harvesting Incentive Program Ti ICI Incentive Programs Conservation Technology El Recycling and Reuse Programs (Water or Wastewater Effluent) El Rainwater Harvesting and Condensate Reuse Programs Regulatory and Enforcement LI Prohibition on Wasting Water TOTAL $ 0.00 0 3. Reuse (Water or Wastewater Effluent) For the reporting period, please provide the following data regarding the types of direct and indirect reuse activities that were administered for the past five years: Reuse Activity Estimated Volume (in gallons) On-site irri ation i Plant wash down Chlorination/de-chlorination du - - Industrial Landscape irrigation (parks, golf courses) Agricultural Other,please describe: eeeeeeeeeeeeeeeeeeeeeeeeeeeee _Estimated Volume of Recycled or Reuse 0 TCEQ-20646 rev. (09-18-2013) Page 8 of 11 4. Water Savings For the five-year reporting period, estimate the total savings that resulted from your overall water conservation activities and programs? Estimated Estimated Gallons Total Volume of Dollar Value Gallons Saved Recycled or Reused Water Saved of Water Saved Z (Total from (Total from Reuse Table) Conservation Programs Table) 1.[Estimated Gallons Saved+Estimated Gallons Recycled or Reused=Total Volume Saved] 2.Estimate this value by taking into account water savings,the cost of treatment or purchase of your water, and any deferred capital costs due to conservation. 5. Conservation Pricing / Conservation Rate Structures During the five-year reporting period, have your rates or rate structure changed? Yes ❑ No ❑ Please indicate the type of rate pricing structures that you use: ❑ Uniform rates ❑ Water Budget Based rates ❑ Surcharge - seasonal ❑ Flat rates ❑ Excess Use Rates ❑ Surcharge - drought ❑ Inclining/ Inverted Block ❑ Drought Demand rates ❑ Surcharge - usage demand ❑ Declining Block rates ❑ Tailored rates ❑ Seasonal rates 6. Public Awareness and Education Program For the five-year reporting period, please check the appropriate boxes regarding any public awareness and educational activities that your entity has provided: Implemented Number/Unit Example.Brochures Distributed ❑ /1 DDD/year Example:Educational School Programs T 5©students/month Brochures Distributed ❑ Messages Provided on Utility Bills El Press Releases ❑ TV Public Service Announcements ❑ Radio Public Service Announcements Educational School Programs ❑ Displays, Exhibits, and Presentations Community Events ❑ TCEQ-20646 rev. (09-18-2013) Page 9 of 11 Social Media campaigns Facility Tours Other : 7. Leak Detection During the five-year reporting period, how many leaks were repaired in the system or at service connections: Click here to enter text. Please check the appropriate boxes regarding the main cause of water loss in your system during the reporting period: El Leaks and breaks Un-metered utility or city uses II Master meter problems 0 Customer meter problems 0 Record and data problems 0 Other: Click here to enter text, El Other: ( here to enter text. 8. Universal Metering and Meter Repair For the five-year reporting period, please provide the following information regarding meter repair: Total Number Total Tested Total Repaired Total Production Meters Meters larger than 1 I/2" Meters 1 1/2 or smaller Does your system have automated meter reading? Yes 0 No 11 TCEQ-20646 rev. (09-18-2013) Page 10 of 11 9. Conservation Communication Effectiveness In your opinion, how would you rank the effectiveness of your conservation activities in reaching the following types of customers for the past five years? Do not have activities or Less Than Somewhat Highly programs that target this Effective Effective Effective type customer. Residential Customers ❑ ❑ ❑ ❑ Industrial Customers El ❑ ❑ Institutional Customers ❑ ��Li � � �❑ Commercial Customers ❑ El El• ��- Agricultural Customers El ❑ L 10. Drought Contingency and Emergency Water Demand Management During the five-year reporting period, did you implement your Drought Contingency Plan? Yes ❑ No ❑ If yes, indicate the number of days that your water use restrictions were in effect: Click here to enter text. If yes, please check all the appropriate reasons for your drought contingency efforts going into effect. ❑ Water Supply Shortage ❑ Equipment Failure ❑ High Seasonal Demand ❑ Impaired Infrastructure . . .., a . . w,.. ❑ Capacity Issues ❑ Other: If you have any questions on how to fill out this form or about the Water Conservation program,please contact us at 512/239-4691. Individuals are entitled to request and review their personal information that the agency gathers on its fou,is. They may also have any errors in their information corrected. To review such info,illation, contact us at 512-239-3282. TCEQ-20646 rev. (09-18-2013) Page 11 of 11 1. fi Wylie City Council , -- ,= AGENDA REPORT g ts$or�, � Meeting Date: April 22, 2014 Item Number: 4. Department: Public Services (City Secretary's Use Only) Prepared By: Mike Sferra Account Code: Date Prepared: April 14, 2014 Budgeted Amount: Exhibits: Ordinance, Plan Subject Consider, and act upon, Ordinance No. 2014-16 repealing Ordinance No. 2011-24, codified as Division 2 (Drought Contingency Plan) of Article IV (Water) of Chapter 114 (Utilities) of the Wylie Code of Ordinances and adopting a Water Resource and Emergency Management Plan to promote the responsible use of water; requiring the filing of this ordinance and plan with the Texas Commission on Environmental Quality; providing for penalties for the violation of this ordinance; providing repealing, savings and severability clauses, an effective date and for the publication of the caption hereof. Recommendation Motion to approve, Ordinance No. 2014-16 repealing Ordinance No. 2011-24, codified as Division 2 (Drought Contingency Plan) of Article IV (Water) of Chapter 114 (Utilities) of the Wylie Code of Ordinances and adopting a Water Resource and Emergency Management Plan to promote the responsible use of water; requiring the filing of this ordinance and plan with the Texas Commission on Environmental Quality; providing for penalties for the violation of this ordinance; providing repealing, savings and severability clauses, an effective date and for the publication of the caption hereof. Discussion The City Council adopted the current version of Drought Contingency Plan in April 2011. Title 30 Texas Administrative Code, Chapter 288 requires water systems to update and resubmit their Drought Contingency Plans to the Texas Water Development Board every five years after initial adoption or as appropriate due to new or updated information. Over the past months, and due to the ongoing drought, member cities have coordinated with the North Texas Municipal Water District(NTMWD)to modify, improve and clarify the existing plan. NTMWD has requested member cities adopt the Model Water Resource and Emergency Management Plan, with minor modifications to fit individual needs, to replace the current Drought Contingency Plan. The existing plan has four stages, and the proposed plan has three stages. Guidelines in Stage 1 of the existing plan are essentially voluntary and less restrictive than measures outlined in the always-in-effect Water Conservation Plan, so the guidelines in the new Stage 1 have been updated to be more relevant in their implementation. Also, the NTMWD recommends a change to three stages instead of the current four stages to be more consistent with other large,regional water planning entities in the area. For instance, Tarrant Regional Water District and (Rev 01/2014) Page 1 of 5 Page 2 of 5 Dallas Water Utilities currently have three stages in their Drought plans. Regarding implementation, the Drought Contingency Plan established by Ordinance No. 2011-24 shall continue to apply until such time as the drought contingency or water emergency response stage currently in effect under the Drought Contingency Plan terminates and a less restrictive stage is applicable. At such time, this Ordinance shall become effective, the Plan shall take effect and the appropriate water resource management stage as provided in the Plan shall be initiated. Staff will perform public education activities by updating postings on the website,putting information in the newsletter, and by using utility bill inserts. The following tables present a side-by-side comparison of the existing and proposed Plans: STAGE 1 COMPARISON CURRENT STAGE 1 NEW STAGE 1 Goal of 2% reduction in overall use Goal of 5% reduction of overall use Request voluntary reductions by public Increase public education No change Intensify leak repair Leak repairs are a standing priority at all times Reduce non-essential city government use, i.e. street No change washing,vehicle washing Reduce city water use for irrigation Landscape watering of parks,golf courses and athletic fields using potable water are required to meet the same reduction goals and measures outlined in this stage Ask public to follow voluntary watering schedule Two days per week watering on designated days between April 1—October 31 and Once every week watering on designated days between November 1—March 31 Continue actions in Water Conservation Plan Encourage public to postpone new landscaping Encourage public to reduce draining and filling of swimming pools Landscape associated with new construction may be watered as necessary for 30 days ET controllers and drip irrigation may water any two days per week(can be different than designated days) Additional watering of landscape by hand held hose with shutoff nozzle, use of dedicated irrigation drip zones, and/or soaker hose is allowed provided no runoff occurs Foundations, new landscaping, new plantings (first year) of shrubs, and trees (within a ten foot radius of its trunk) may be watered by a hand-held hose, a soaker hose,or a dedicated zone using a drip irrigation system provided no runoff occurs Page 3 of 5 STAGE 2 COMPARISON CURRENT STAGE 2 NEW STAGE 2 Goal of 5% reduction in overall use Goal of 10% reduction of overall use Continue Stage 1 actions No change Increase public education No change Reduce non-essential city government use, i.e. street No change washing,vehicle washing Reduce city water use for irrigation Landscape watering of parks, golf courses and athletic fields using potable water are required to meet the same reduction goals and measures outlined in this stage Encourage public to postpone new landscaping No change (already in Stage 1) Two days per week watering on designated days Watering allowed once per week on designated days between April 1—October 31 and watering allowed once every other week on designated days between November 1—March 31. Landscape associated with new construction may be No change watered for 30 days ET controllers and drip irrigation have no restriction on the ET and drip irrigation can water any day but are number of days they water limited to no more than one day per week No watering between 10 am and 6 pm April 1 through No change (already in Conservation Plan) October 1 Prohibit planting of cool-season grasses Prohibit hydro seeding, hydro mulching, and sprigging Reduce the frequency of draining and refilling swimming pools Foundations, new plantings (first year) of shrubs, and trees(within a ten foot radius of its trunk) may be watered for up to two hours on any day by a hand- held hose, a dedicated zone using a drip irrigation system and/or soaker hose provided no runoff occurs Public athletic fields used for competition may be watered twice per week Locations using alternative sources of water supply only for irrigation may irrigate without day of the week restrictions Hand watering with shutoff nozzle, drip lines,and soaker hoses is allowed before 10 am and after 6 pm provided no runoff occurs Can initiate a rate surcharge as requested by NTMWD Can initiate a rate surcharge for all water use over a certain level Page 4 of 5 STAGE 3 COMPARISON CURRENT STAGE 3 NEW STAGE 3 Goal of 10% reduction in overall use Goal is to reduce usage by whatever amount necessary Continue Stage 1 and Stage 2 actions No change Prohibit hosing of paved areas, bldgs.,windows. Pressure Requires variance and professional service with washing impervious areas allowed. high-efficiency equipment No ornamental fountains using treated water No change Car washing allowed with hose and nozzle Prohibit washing of vehicles except at commercial vehicle wash facilities Prohibit water waste No change Watering allowed one day per week only Prohibit all commercial and residential landscape watering Foundations, new plantings (first year) of shrubs, and trees Foundations and trees(within a ten foot radius of (within a ten foot radius of its trunk) may be watered for up to its trunk) may be watered for two hours one day two hours on any day by a hand-held hose, a dedicated zone per week with a hand-held hose, a dedicated zone using a drip irrigation system and/or soaker hose using a drip irrigation system and/or soaker hose provided no runoff occurs Golf courses can water greens and tee boxes without Landscape watering golf courses with potable restriction or can be restricted to watering them only enough water is prohibited. Exception for golf course to keep them alive greens and tee boxes which may be hand watered as needed Public athletic fields watered twice per week Landscape watering of parks and athletic fields with potable water prohibited If using other water source, no restrictions No change ET and drip systems, no restrictions ET and drip systems limited to two hours one day per week Watering allowed once every two weeks from November 1 through March 31. Landscaping with new construction can be watered as needed Prohibit the use of potable water for the irrigation for 30 days of new landscaping Prohibit hydroseeding, hydromulching, sprigging No change Do not drain/fill existing swimming pools (except for normal Prohibit the filling, draining and refilling of existing loss only) swimming pools and wading pools, except to maintain structural integrity. Existing pools may add water to replace normal losses. Permitting of new swimming pools or wading pools is prohibited Can initiate rate surcharge requested by NTMWD No change Can initiate city rate surcharge for use over certain level No change Prohibit operation of ornamental fountains, interactive water features such as water sprays, dancing water jets,waterfalls, dumping buckets, shooting water cannons, or splash pads that are maintained for public recreation Page 5nf5 CURRENT STAGE 4 AND NEW STAGE 3 COMPARISON CURRENT STAGE 4 NEW STAGE 3 Goal isto reduce usage bv whatever amount necessary Goal isLo reduce usage bv whatever amount necessary Continue Stage 1, 2 and 3actions Continue Stage 1 and Stage Iactions Prohibit vehicle washing except as necessary for health, Prohibit washing of vehicles except atcommercial sanitation or safety reasons vehicle wash facilities Prohibit commercial and residential landscape watering Prohibit all commercial and residential landscape watering Foundations and trees may be watered for upto two hours Foundations and trees (within a ten foot radius ofits on any day bvu hand-held hose, a dedicated zone using a trunk) may be watered for two hours one day per drip irrigation system and/or soaker hose week with a hand-held hose, a dedicated zone using a drip irrigation system and/or soaker hose provided no runoff occurs Prohibit golf course watering with treated water except for Landscape watering golf courses with potable water is greens and tee boxes prohibited. Exception for golf course greens and tee boxes which may be hand watered osneeded ET and drip systems limited to two hours one day per week No change Prohibit the use of potable water for the irrigation ofnew No change landscaping Do not drain/fill existing swimming pools (except for Prohibit the filling, draining and refilling ofexisting normal loss only). Prohibit the permitting ofprivate pools. swimming pools and wading pools, except to maintain Pools already permitted may be finished and filled structural integrity. Existing pools may add water to replace normal losses. Permitting of new swimming pools or wading pools isprohibited Can initiate city rate surcharge for use over certain level No change ORDINANCE NO. 2014-16 AN ORDINANCE OF THE CITY OF WYLIE, TEXAS, REPEALING ORDINANCE NO. 2011-24, CODIFIED AS DIVISION 2 (DROUGHT CONTINGENCY PLAN) OF ARTICLE IV (WATER) OF CHAPTER 114 (UTILITIES) OF THE WYLIE CODE OF ORDINANCES AND ADOPTING A WATER RESOURCE AND EMERGENCY MANAGEMENT PLAN TO PROMOTE THE RESPONSIBLE USE OF WATER; REQUIRING THE FILING OF THIS ORDINANCE AND PLAN WITH THE TEXAS COMMISSION ON ENVIRONMENTAL QUALITY; PROVIDING FOR PENALTIES FOR THE VIOLATION OF THIS ORDINANCE; PROVIDING REPEALING, SAVINGS AND SEVERABILITY CLAUSES, AN EFFECTIVE DATE AND FOR THE PUBLICATION OF THE CAPTION HEREOF. WHEREAS, the City Council of the City of Wylie, Texas ("City Council") previously adopted Ordinance No. 2011-24 of the City of Wylie, Texas ("Wylie"), codified as Division 2 (Drought Contingency Plan) of Article IV (Water) of Chapter 114 (Utilities) of the Wylie Code of Ordinances, which established a Drought Contingency Plan ("Drought Contingency Plan"); and WHEREAS, Wylie recognizes that the amount of water available to its water customers is limited and further recognizes the importance of a long-term water supply for its water customers; and WHEREAS, Wylie recognizes that because of natural limitations, drought conditions, system failures and other acts of God which may occur, Wylie 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 ("TCEQ") require that Wylie adopt a Water Resource and Emergency Management Plan; and WHEREAS, Wylie has investigated and determined that it is an urgent need and in the best interest of the public to repeal the existing Drought Contingency Plan and adopt the Water Resource and Emergency Management Plan as set forth below; and WHEREAS, pursuant to Chapter 54, TEX. Loc. Gov'T CODE, Wylie is authorized to adopt such Ordinances as are necessary to preserve and conserve its water resources; and WHEREAS, the City Council has investigated and deteiiiiined that it would be advantageous and beneficial to the citizens of Wylie to repeal Ordinance No. 2011-24 in its entirety, to replace the existing Drought Contingency Plan and to adopt the North Texas Municipal Water District ("NTMWD") Model Water Resource and Emergency Management Plan, as modified for Wylie, as Wylie's official policy for the conservation of water; and Ordinance No.2014-16—Repealing Ordinance No.2011-24 Drought Contingency Plan Adopting a Water Resource&Emergency Management Plan Page 1 of 4 WHEREAS, the City Council has investigated and determined that the adoption of the Water Resource and Emergency Management Plan will be advantageous and beneficial to the citizens of Wylie and will protect the public health, safety and welfare. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF WYLIE, TEXAS THAT: SECTION 1. Findings Incorporated. The findings set forth above are incorporated into the body of this Ordinance as if fully set forth herein. SECTION 2. Repeal of Ordinance No. 2011-24. Ordinance No. 2011-24, codified as Division 2 (Drought Contingency Plan) of Article IV (Water) of Chapter 114 (Utilities) of the Wylie Code of Ordinances, is hereby repealed in its entirety and replaced by this Ordinance. The effective date of the repeal discussed in this Section shall not occur until the Effective Date of this Ordinance (hereinafter defined), at which time Ordinance No. 2011-24 shall be repealed. Such repeal shall not abate any pending prosecution and/or lawsuit or prevent any prosecution and/or lawsuit from being commenced for any violation of Ordinance No. 2011-24 occurring before the effective date of this Ordinance. SECTION 3. Plan Adopted. The City Council hereby approves and adopts the Water Resource and Emergency Management Plan ("Plan"), attached hereto as Exhibit "A" and incorporated herein by reference for all purposes. Wylie commits to implement the requirements and procedures set forth in the adopted Plan. SECTION 4. Penalty. Any customer, as defined by 30 TEx.ADMIN. CODE Chapter 291, failing to comply with the provisions of the Plan shall be deemed guilty of a misdemeanor, and upon conviction thereof, shall be fined a sum not exceeding TWO THOUSAND AND 00/100 DOLLARS ($2,000.00)per day per occurrence and/or discontinuance of water service by Wylie. 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. Wylie's authority to seek injunctive or other civil relief available under the law is not limited by this section. Wylie retains all legal rights and remedies available to it pursuant to local, state and federal law. SECTION 5. Filing of Ordinance and Plan with the TCEQ. The City Manager or her designee is hereby directed to file one (1) copy of each of the Plan and this Ordinance with the TCEQ in accordance with 30 TEx.ADMIN. CODE Chapter 288. SECTION 6. Savings/Repealing. All provisions of any ordinance in conflict with this Ordinance are hereby repealed to the extent they are in conflict; 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 ordinances shall remain in full force and effect. SECTION 7. Severability. Should any section, subsection, sentence, clause or phrase of this Ordinance be declared unconstitutional and/or invalid by a court of competent Ordinance No.2014-16—Repealing Ordinance No.2011-24 Drought Contingency Plan Adopting a Water Resource&Emergency Management Plan Page 2 of 4 jurisdiction, it is expressly provided that any and all remaining portions of this Ordinance shall remain in full force and effect. Wylie hereby declares that it would have passed this Ordinance, and each section, subsection, sentence, clause and/or phrase thereof, regardless of whether any one or more sections, subsections, sentences, clauses and/or phrases is declared unconstitutional and/or invalid. SECTION 8. Effective Date. The Drought Contingency Plan established by Ordinance No. 2011-24 shall continue to apply until such time as the drought contingency or water emergency response stage currently in effect under the Drought Contingency Plan terminates and a less restrictive stage is applicable. At such time ("Effective Date"), this Ordinance shall become effective, the Plan shall take effect and the appropriate water resource management stage as provided in the Plan shall be initiated. However, in no event shall this Ordinance be effective before its publication as required by the City Charter and by law. DULY PASSED AND APPROVED BY THE CITY COUNCIL OF THE CITY OF WYLIE, TEXAS, on this 22nd day of April, 2014. Eric Hogue, Mayor ATTESTED TO AND CORRECTLY RECORDED BY: Carole Ehrlich, City Secretary Date of Publication:April 30, 2014, The Wylie News Ordinance No.2014-16—Repealing Ordinance No,2011-24 Drought Contingency Plan Adopting a Water Resource&Emergency Management Plan Page 3 of 4 EXHIBIT "A" Water Resource and Emergency Management Plan Ordinance No. 2014-16—Repealing Ordinance No.2011-24 Drought Contingency Plan Adopting a Water Resource& Emergency Management Plan Page 4 of 4 tt f+ss}+sifiss}+ssfiss}+ssfiss}+ssfiss}+ssfiss}+s sfissj+ssfissj+ssfiss}+s{fissj+sssry rt ri` rsrE'l�f£��`��£�ir�{ifr£f��'if`£i��'if`£i��'if`£i��'if`£f��'if`£s {�£ii:�It {f i�� 'Cr��£y u'ii' ``�'r��££ r!{i tbt £t tt)7£}'bi i££ £S is£ituii£`'tS�s�t��£, ££�� z �,t£k{s srsr�t£ff}f4syyi,y 1,tt£tiv£r{{rr{£{£� ��£{£{� j '£irt{�t t�i�kf yvrs Ir41;��y�j�£#�f ,£Jti3££YrEt'�j �fy }r�`j t�£4I£tfs�tl}£fi ttf£stf��},r�t}£t��£ ii�;ia�l2r/£t3��f�tt}i3A`r si4�7�}0t�t t' {i t�{I£1£ {ts+t117)£ift£+J��ji& t S7}£{}7££''tS3{#� }ij}`,£Sbk£ Jii''{StitUf�3£i3 z£i�£FE;£tt{}r''ti4 i7f4 ri}�y t�£;£££f�£}�tY l£�i�£fi£4£l££r}E c£�t rs�£t k£ss£zi£trjJ£t�£i;££�4�y�1j1 r1�S��fi£t�St1�7£11ff} tt{�is�;l idig I£srlstr,};�fr.,,£ }£�t1,£ t r ,tr 4ftttt}ij,} if f £`r£j fiirt s ';itr,jy£fr£4£} £f�.Vil rfttiU£t££l s�s s00,0l 0,10"f,;}i}{rt titifsei00,,,01,t 4 �t�{tf£}t�kttt4,44 ft7j£�,1tj t; �1if££t}�ti{££i£{flrggiK y�,£�� £4�4�i£{�?I�£ttE��s`iit£$�l£�`;7s ai ti��3 r g'it 3{{rj'Of b£i r 00 V Ntt�tt£i£Vy8�ttsfri 1t4{£r0,00 4ryl%,4y{�£4I t#}V r4 Fib}. 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INTRODUCTION AND OBJECTIVES 1-1 2. DEFINITIONS 2-1 3. TEXAS COMMISSION ON ENVIRONMENTAL QUALITY RULES 3-1 4. WATER RESOURCE AND EMERGENCY MANAGEMENT PLAN 4-1 4.1 Provisions to Inform the Public and Opportunity for Public Input 4-1 4.2 Provisions for Continuing Public Education and Information 4-1 4.3 Initiation and Termination of Water Resource and Emergency Management Stages 4-2 4.4 Procedures for Granting Variances to the Plan 4-13 4.5 Procedures for Enforcing Mandatory Water Use Restrictions 4-14 4.6 Coordination with the Regional Water Planning Group and NTMWD 4-15 4.7 Review and Update of Water Resource and Emergency Managment Plan 4-15 APPENDICES APPENDIX A List of References APPENDIX B Texas Commission on Environmental Quality Rules on Drought Contingency Plans • Texas Administrative Code Title 30, Part 1, Chapter 288, Subchapter B, Rule §288.20—Drought Contingency Plans for Municipal Uses by Public Water Suppliers APPENDIX C Letters to Region C and Region D Water Planning Groups APPENDIX D Adoption of Water Resource and Emergency Management Plan • Municipal Ordinance Adopting Water Resource and Emergency Management Plan • Municipal Utility District Order Adopting Water Resource and Emergency Management Plan • Special Utility District Order Adopting Water Resource and Emergency Management Plan • Water Supply Corporation Resolution Adopting Water Resource and Emergency Management Plan Water Resource and Emergency Management Plan 1. INTRODUCTION AND OBJECTIVES This document has been prepared as a Model Water Resource and Emergency Management Plan, intended to be available for use by North Texas Municipal Water District (NTMWD) Member Cities and Customers as they develop their own plans. This model plan addresses all of the current TCEQ requirements for a drought contingency plan'. This model plan will replace the plans dated August 2004, April 2006 and March 2008. The March 2008 model plan shall continue to apply until such time that the drought contingency or water emergency response stage currently in effect under the March 2008 model plan terminates and a less restrictive stage is applicable. At such time, this model plan shall take effect, replacing the March 2008 model plan, and the appropriate water resource management stage as provided in this model plan shall be initiated. The measures included in this Model Water Resource and Emergency Management Plan are intended to provide short-term water savings during drought or emergency conditions. Water savings associated with ongoing, long-term strategies are discussed in the Model Water Conservation Plan for North Texas Municipal Water District Member Cities and Customers. 2 The purpose of this model Water Resource and Emergency Management plan is as follows: • To conserve the available water supply in times of drought and emergency • To maintain supplies for domestic water use, sanitation, and fire protection • To protect and preserve public health,welfare, and safety • To minimize the adverse impacts of water supply shortages • To minimize the adverse impacts of emergency water supply conditions. The NTMWD supplies treated potable water to its Member Cities and Customers. This model plan was developed by NTMWD in consultation with its Member Cities and Customers. In order to adopt this model plan, each NTMWD Member City and Customer will need to adopt ordinance(s) or regulation(s) implementing the plan, including the determination of fines and enforcement procedures. The model plan calls for Member Cities and Customers to adopt water resource management stages initiated by NTMWD during a drought or water supply emergency. Member Cities and Customers may also adopt more stringent water resource management stages than NTMWD if conditions warrant. 1-1 Water Resource and Emergency Management Plan In the absence of drought response measures, water demands tend to increase during a drought due to increased outdoor irrigation. The severity of a drought depends on the degree of depletion of supplies and on the relationship of demand to available supplies. The NTMWD considers a drought to end when all of its supply reservoirs refill to the conservation storage pool. Superscripted numbers match references listed in Appendix A. 1-2 Water Resource and Emergency Management Plan 2. DEFINITIONS 1. AQUATIC LIFE means a vertebrate organism dependent upon an aquatic environment to sustain its life'. 2. ATHLETIC FIELD means a public sports competition field, the essential feature of which is turf grass, used primarily for organized sports practice, competition or exhibition events for schools, professional sports, or sanctioned league play" 3. COMMERCIAL FACILITY means business or industrial buildings and the associated landscaping, but does not include the fairways, greens, or tees of a golf course'. 4. COMMERCIAL VEHICLE WASH FACILITY means a permanently-located business that washes vehicles or other mobile equipment with water or water-based products, including but not limited to self-service car washes, full service car washes, roll-over/in-bay style car washes, and facilities managing vehicle fleets or vehicle inventory'. 5. COOL SEASON GRASSES are varieties of turf grass that grow best in cool climates primarily in northern and central regions of the U.S. Cool season grasses include perennial and annual rye grass, Kentucky blue grass and fescues"' 6. CUSTOMERS include those entities to whom NTMWD provides water on a customer basis that are not members of NTMWD. 7. DESIGNATED OUTDOOR WATER USE DAY means a day prescribed by rule on which a person is permitted to irrigate outdoors'. ' Definitions from City of Austin Water Conservation and Drought Contingency Ordinance adopted August 16,2012. htt www.austintexas, ov sites default files files Water Conservation Plannin and Polic Pro osedCodeRevision DRAFT with watering schedule-8-15-2012.pdf 'I Definition from City of San Antonio Water Conservation Ordinance adopted 2005. http//saws.org/conservation/ordinance/docs/Ch34 Ordinance 2009.pdf ill Definition developed by Freese and Nichols,Inc. 2-1 Water Resource and Emergency Management Plan 8. DRIP IRRIGATION is a type of micro-irrigation system that operates at low pressure and delivers water in slow, small drips to individual plants or groups of plants through a network of plastic conduits and emitters; also called trickle irrigation. 9. DROUGHT, for the purposes of this plan, means an extended period of time when an area receives insufficient amounts of rainfall to replenish the water supply, causing water supply sources (in this case reservoirs)to be depleted". 10. EVAPOTRANSPIRATION abbreviated as ET represents the amount of water lost from plant material to evaporation and transpiration. The amount of ET can be estimated based on the temperature,wind, and relative humidity''. 11. ET/SMART CONTROLLERS are irrigation controllers that adjust their schedule and run times based on weather (ET) data. These controllers are designed to replace the amount of water lost to evapotranspiration''. 12. EXECUTIVE DIRECTOR means the Executive Director of the North Texas Municipal Water District and includes a person the Director has designated to administer or perform any task, duty, function, role, or action related to this plan or on behalf of the Executive Director''. 13. FOUNDATION WATERING means an application of water to the soils directly abutting the foundation of a building structure'. 14. MEMBER CITIES include the cities of Allen, Farmersville, Forney, Frisco, Garland, McKinney, Mesquite, Plano, Princeton, Richardson, Rockwall, Royce City, and Wylie,Texas. 15. NEW LANDSCAPE means vegetation installed at the time of the construction of a residential or commercial facility; installed as part of a governmental entity's capital improvement project; installed to stabilize an area disturbed by construction'. 'V Amy Vickers: Handbook of Water Use and Conservation,Amherst Massachusetts,June 2002 v Freese and Nichols,Inc.:Water Conservation and Drought Contingency and Water Emergency Response Plan,prepared for North Texas Municipal Water District,Fort Worth,March 2008. 2-2 Water Resource and Emergency Management Plan 16. ORNAMENTAL FOUNTAIN means an artificially created structure (up to six feet in diameter) from which a jet, stream, valves and emission devices or flow of water emanates and is not typically utilized for the preservation of aquatic life'. 17. PERMANANTLY INSTALLED IRRIGATION SYSTEM means a custom-made, site-specific system of delivering water generally for landscape irrigation via a system of pipes or other conduits installed below ground'. 18. RAIN/FREEZE SENSOR means a device designed to stop the flow of water to an automatic irrigation system when rainfall or freeze event has been detected". 19. RECLAIMED WATER means reclaimed municipal wastewater that has been treated to a quality that meets or exceeds the minimum standards of the 30 Texas Administrative Code, Chapter 210 and is used for lawn irrigation, industry, or other non-potable purposes'. 20. SOAKER HOSE means a perforated or permeable garden-type hose or pipe that is laid above ground that provides irrigation at a slow and constant rate'. 21. SPRINKLER means an above-ground water distribution device that may be attached to a garden hose'. 22. SWIMMING POOL means any structure, basin, chamber, or tank containing an artificial body of water for swimming or diving and having a depth of two (2)feet or more at any point". 23. WATER RESOURCE MANAGEMENT PLAN means a strategy or combination of strategies for temporary supply management and demand management responses to temporary and potentially recurring water supply shortages and other water supply emergencies required by Texas Administrative Code Title 30, Chapter 288, Subchapter B. This is sometimes called a drought contingency plan' 2-3 Water Resource and Emergency Management Plan 3. TEXAS COMMISSION ON ENVIRONMENTAL QUALITY RULES The TCEQ rules governing development of drought contingency plans for public water suppliers are contained in Title 30, Part 1, Chapter 288, Subchapter B, Rule 288.20 of the Texas Administrative Code, a current copy of which is included in Appendix B. For the purpose of these rules, a drought contingency plan is defined as "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.i1 Minimum Requirements TCEQ's minimum requirements for drought contingency plans are addressed in the following subsections of this report: • 288.20(a)(1)(A)— Provisions to Inform the Public and Provide Opportunity for Public Input— Section 4.1 • 288.20(a)(1)(B)—Provisions for Continuing Public Education and Information—Section 4.2 • 288.20(a)(1)(C)—Coordination with the Regional Water Planning Group—Section 4.6 • 288.20(a)(1)(D) — Criteria for Initiation and Termination of Water Resource Management Stages—Section 4.3 • 288.20(a)(1)(E)—Water Resource Management Stages—Section 4.3 • 288.20(a)(1)(F)—Specific, Quantified Targets for Water Use Reductions—Section 4.3 • 288.20(a)(1)(G) — Water Supply and Demand Management Measures for Each Stage — Section 4.3 • 288.20(a)(1)(H)—Procedures for Initiation and Termination of Water Resource Management Stages—Section 4.3 • 288.20(a)(1)(I)- Procedures for Granting Variances—Section 4.4 • 288.20(a)(1)(J)- Procedures for Enforcement of Mandatory Restrictions—Section 4.5 3-1 Water Resource and Emergency Management Plan • 288.20(a)(3)—Consultation with Wholesale Supplier—Sections 1,4.2, and 4.3 • 288.20(b)—Notification of Implementation of Mandatory Measures—Section 4.3 • 288.20(c)—Review and Update of Plan—Section 4.7 3-2 Water Resource and Emergency Management Plan 4. WATER RESOURCE AND EMERGENCY MANAGEMENT PLAN 4.1 PROVISIONS TO INFORM THE PUBLIC AND OPPORTUNITY FOR PUBLIC INPUT Member Cities and Customers will provide opportunity for public input in the development of this Water Resource and Emergency Management Plan by the following means: • Providing written notice of the proposed plan and the opportunity to comment on the plan by newspaper, posted notice, and notice on the supplier's web site (if available). • Making the draft plan available on the supplier's web site (if available). • Providing the draft plan to anyone requesting a copy. • Holding a public meeting. 4.2 PROVISIONS FOR CONTINUING PUBLIC EDUCATION AND INFORMATION Member Cities and Customers will inform and educate the public about the Water Resource and Emergency Management Plan by the following means: • Preparing a bulletin describing the plan and making it available at City Hall and other appropriate locations. • Making the plan available to the public through the supplier's web site (if available). • Including information about the Water Resource and Emergency Management Plan on the supplier's web site (if available). • Notifying local organizations, schools, and civic groups that staff are available to make presentations on the Water Resource and Emergency Management Plan (usually in conjunction with presentations on water conservation programs). • At any time that the Water Resource and Emergency Management Plan is activated or the Water Resource and Emergency Management Plan changes, Member Cities and Customers will notify local media of the issues, the water resource management stage (if applicable), and the specific actions required of the public. The information will also be publicized on the supplier's web site (if available). Billing inserts will also be used as appropriate. 4-1 Water Resource and Emergency Management Plan 4.3 INITIATION AND TERMINATION OF WATER RESOURCE AND EMERGENCY MANAGEMENT STAGES Initiation of a Water Resource Management Stage The City Manager, General Manager, Mayor, Chief Executive, or official designee may order the implementation of a water resource management stage when one or more of the trigger conditions for that stage is met. The following actions will be taken when a water resource management stage is initiated: • The public will be notified through local media and the supplier's web site (if available) as described in Section 4.2. • Wholesale customers (if any) and the NTMWD will be notified by e-mail with a follow-up letter or fax that provides details of the reasons for initiation of the water resource management stage. • If any mandatory provisions of the Water Resource and Emergency Management Plan are activated, Member Cities and Customers will notify the Executive Director of the TCEQ and the Executive Director of the NTMWD within 5 business days. • Water Resource and Emergency Management Plan stages imposed by NTMWD action must be initiated by Member Cities and Customers. • For other trigger conditions internal to a city or water supply entity, the City Manager, General Manager, Mayor, Chief Executive, or official designee may decide not to order the implementation of a water resource management stage or water emergency even though one or more of the trigger criteria for the stage are met. Factors which could influence such a decision include, but are not limited to, the time of the year, weather conditions, the anticipation of replenished water supplies, or the anticipation that additional facilities will become available to meet needs. The reason for this decision should be documented. Termination of a Water Resource Management Stage The City Manager, General Manager, Mayor, Chief Executive, or official designee may order the termination of a water resource management stage when the conditions for termination are met or at their discretion. The following actions will be taken when a water resource management stage is terminated: 4-2 Water Resource and Emergency Management Plan • The public will be notified through local media and the supplier's web site (if available) as described in Section 4.2. • Wholesale customers (if any) and the NTMWD will be notified by e-mail with a follow-up letter or fax. • If any mandatory provisions of the Water Resource and Emergency Management plan that have been activated are terminated, Member Cities and Customers will notify the Executive Director of the TCEQ and the Executive Director of the NTMWD within 5 business days. The City Manager, General Manager, Mayor, Chief Executive, or official designee may decide not to order the termination of a water resource management stage even though the conditions for termination of the stage are met. Factors which could influence such a decision include, but are not limited to, the time of the year, weather conditions, or the anticipation of potential changed conditions that warrant the continuation of the water resource management stage. The reason for this decision should be documented. 4-3 Water Resource and Emergency Management Plan Water Resource and Emergency Management Plan Stages and Measures Stage 1 Initiation and Termination Conditions for Stage 1 • The NTMWD has initiated Stage 1, which may be initiated due to one or more of the following: o The NTMWD Executive Director, with the concurrence of the NTMWD Board of Directors,finds that conditions warrant the declaration of Stage 1. o Water demand is projected to approach the limit of the permitted supply. o The storage in Lavon Lake is less than 55 percent of the total conservation pool capacity. o NTMWD's storage in Jim Chapman Lake is less than 55 percent of NTMWD's total conservation pool capacity. o The Sabine River Authority has indicated that its Upper Basin water supplies used by NTMWD (Lake Tawakoni and/or Lake Fork) are in a Mild drought. o NTMWD has concern that Lake Texoma, the East Fork Raw Water Supply Project, or some other NTMWD source may be limited in availability in the next 6 months. o NTMWD water demand exceeds 95 percent of the amount that can be delivered to customers for three consecutive days. o NTMWD water demand for all or part of the delivery system equals delivery capacity because delivery capacity is inadequate. o NTMWD's supply source becomes contaminated. o Supply source is interrupted or unavailable due to invasive species. o NTMWD's water supply system is unable to deliver water due to the failure or damage of major water system components. • Supplier's water demand exceeds 95 percent of the amount that can be delivered to customers for three consecutive days. • Supplier's water demand for all or part of the delivery system equals delivery capacity because delivery capacity is inadequate. 4-4 Water Resource and Emergency Management Plan • Supply source becomes contaminated. • Supplier's water supply system is unable to deliver water due to the failure or damage of major water system components. • Supplier's individual plan may be implemented if other criteria dictate. Stage 1 may terminate when NTMWD terminates its Stage 1 condition or when the circumstances that caused the initiation of Stage 1 no longer prevail. Goal for Use Reduction and Actions Available under Stage 1 The goal for water use reduction under Stage 1 is a five percent (5%) reduction in the amount of water produced by NTMWD from the previous annual payment period prior to drought restrictions. If circumstances warrant or if required by NTMWD, the City Manager, General Manager, Mayor, Chief Executive, or official designee can set a goal for greater or lesser water use reduction. The City Manager, General Manager, Mayor, Chief Executive, or official designee may order the implementation of any or all of the actions listed below, as deemed necessary to achieve a five percent reduction. Measures described as "requires notification to TCEQ" impose mandatory requirements on customers. The supplier must notify TCEQ and NTMWD within five business days if these measures are implemented: • Continue actions in the water conservation plan. • Notify wholesale customers of actions being taken and request them to implement similar procedures. • Initiate engineering studies to evaluate alternatives should conditions worsen. • Further accelerate public education efforts on ways to reduce water use. • Halt non-essential city government water use. (Examples include street cleaning, vehicle washing, operation of ornamental fountains, etc.) • Encourage the public to wait until the current drought or emergency situation has passed before establishing new landscaping. • All users are encouraged to reduce the frequency of draining and refilling swimming pools. • Requires Notification to TCEQ — Limit landscape watering with sprinklers or irrigation systems at each service address to no more than two days per week on designated days 4-5 Water Resource and Emergency Management Plan between April 1 —October 31. The watering days shall be on the customer's trash day and three days thereafter unless otherwise set by the City of Wylie. Lawn and landscape watering 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 • Limit landscape watering with sprinklers or irrigation systems at each service address to once every week on designated days between November 1 — March 31. The watering day shall be the customer's trash day. Exceptions are as follows: o An exception is allowed for landscape associated with new construction that may be watered as necessary for 30 days from the installation of new landscape features. o An exemption is also allowed for registered and properly functioning ET/Smart irrigation systems and drip irrigation systems from the designated outdoor water use days limited to no more than two days per week. ET/Smart irrigation and drip irrigation systems are however subject to all other restrictions applicable under this stage. o An exception for additional watering of landscape may be provided by hand held hose with shutoff nozzle, use of dedicated irrigation drip zones, and/or soaker hose provided no runoff occurs. o Foundations, new landscaping, new plantings (first year) of shrubs, and trees (within a ten foot radius of its trunk) may be watered by a hand-held hose, a soaker hose, or a dedicated zone using a drip irrigation system provided no runoff occurs. • Requires Notification to TCEQ - Initiate a rate surcharge for all water use over a certain level. • Requires Notification to TCEQ — Landscape watering of parks, golf courses and athletic fields using potable water are required to meet the same reduction goals and measures 4-6 Water Resource and Emergency Management Plan outlined in this stage. Exception for golf course greens and tee boxes which may be hand watered asneeded. Water Resource and Emergency Management Plan Stage 2 Initiation and Termination Conditions for Stage 2 • The NTMWD has initiated Stage 2, which may be initiated due to one or more of the following: o The NTMWD Executive Director, with the concurrence of the NTMWD Board of Directors,finds that conditions warrant the declaration of Stage 2. o Water demand is projected to approach or exceed the limit of the permitted supply. o The storage in Lavon Lake is less than 45 percent of the total conservation pool capacity. o NTMWD's storage in Jim Chapman Lake is less than 45 percent of NTMWD's total conservation pool capacity. o The Sabine River Authority has indicated that its Upper Basin water supplies used by NTMWD (Lake Tawakoni and/or Lake Fork) are in a Moderate drought. (Measures required by SRA under a Moderate drought designation are similar to those under NTMWD's Stage 2.) o The supply from Lake Texoma, the East Fork Raw Water Supply Project, or some other NTMWD source has become limited in availability within the next 3 months. o NTMWD water demand exceeds 98 percent of the amount that can be delivered to customers for three consecutive days. o NTMWD water demand for all or part of the delivery system exceeds delivery capacity because delivery capacity is inadequate. o NTMWD's supply source becomes contaminated. o NTMWD's water supply system is unable to deliver water due to the failure or damage of major water system components. • Supplier's water demand exceeds 98 percent of the amount that can be delivered to customers for three consecutive days. • Supplier's water demand for all or part of the delivery system exceeds delivery capacity because delivery capacity is inadequate. • Supply source becomes contaminated. 4-8 Water Resource and Emergency Management Plan • Supply source is interrupted or unavailable due to invasive species. • Supplier's water supply system is unable to deliver water due to the failure or damage of major water system components. • Supplier's individual plan may be implemented if other criteria dictate. • Stage 2 may terminate when NTMWD terminates its Stage 2 condition or when the circumstances that caused the initiation of Stage 2 no longer prevail. Goals for Use Reduction and Actions Available under Stage 2 The goal for water use reduction under Stage 2 is a reduction of ten percent (10%) in the amount of water obtained from NTMWD from the previous annual payment period prior to drought restrictions. If circumstances warrant or if required by NTMWD, the City Manager, General Manager, Mayor, Chief Executive, or official designee can set a goal for greater or lesser water use reduction. The City Manager, General Manager, Mayor, Chief Executive, or official designee may order the implementation of any or all of the actions listed below, as deemed necessary to achieve a ten percent reduction. Measures described as "requires notification to TCEQ" impose mandatory requirements on customers. The supplier must notify TCEQ and NTMWD within five business days if these measures are implemented: • Continue or initiate any actions available under Stage 1. • Notify wholesale customers of actions being taken and request them to implement similar procedures. • Implement viable alternative water supply strategies. • All users are encouraged to reduce the frequency of draining and refilling swimming pools. • Requires Notification to TCEQ — Limit landscape watering with sprinklers or irrigation systems at each service address to once per week on designated days between April 1 — October 31. The watering day shall be the customer's trash day. Limit landscape watering with sprinklers or irrigation systems at each service address to once every other week on designated days between November 1 — March 31. The watering days shall be on the customer's trash day and three days thereafter unless otherwise set by the City of Wylie. Exceptions are as follows: 4-9 Water Resource and Emergency Management Plan o New construction may be watered as necessary for 30 days from the date of the installation of new landscape features. o Foundations, new plantings (first year) of shrubs, and trees (within a ten foot radius of its trunk) may be watered for up to two hours on any day by a hand-held hose, a dedicated zone using a drip irrigation system and/or soaker hose provided no runoff occurs. o Public athletic fields used for competition may be watered twice per week. o Locations using alternative sources of water supply only for irrigation may irrigate without day of the week restrictions provided proper signage is employed. However, irrigation using alternative sources of supply is subject to all other restrictions applicable to this stage. If the alternative supply source is a well, proper proof of well registration with the North Texas Groundwater Conservation District or Red River Ground Water Conservation District is required. Other sources of water supply may not include imported treated water. o An exemption is allowed for registered and properly functioning ET/Smart irrigation systems and drip irrigation systems from the designated outdoor water use day limited to no more than one day per week. ET/Smart irrigation and drip irrigation systems are however subject to all other restrictions applicable under this stage. o Hand watering with shutoff nozzle, drip lines, and soaker hoses is allowed before 10 am and after 6 pm provided no runoff occurs. • Requires Notification to TCEQ—Prohibit hydro seeding, hydro mulching, and sprigging. • Requires Notification to TCEQ- Initiate a rate surcharge as requested by NTMWD. • Requires Notification to TCEQ - Initiate a rate surcharge for all water use over a certain level. • Requires Notification to TCEQ— If NTMWD has imposed a reduction in water available to Member Cities and Customers, impose the same percent reduction on wholesale customers. • Requires Notification to TCEQ—Landscape watering of parks and golf courses using potable water are required to meet the same reduction goals and measures outlined in this stage. Exception for golf course greens and tee boxes which may be hand watered as needed. 4-10 Water Resource and Emergency Management Plan Stage 3 Initiation and Termination Conditions for Stage 3 • The NTMWD has initiated Stage 3, which may be initiated due to one or more of the following: o The NTMWD Executive Director, with the concurrence of the NTMWD Board of Directors,finds that conditions warrant the declaration of Stage 3. o Water demand is projected to approach or exceed the limit of the permitted supply. o The storage in Lavon Lake is less than 35 percent of the total conservation pool capacity. o NTMWD's storage in Jim Chapman Lake is less than 35 percent of NTMWD's total conservation pool capacity. o The Sabine River Authority has indicated that its Upper Basin water supplies used by NTMWD (Lake Tawakoni and/or Lake Fork) are in a Severe drought or Emergency. o The supply from Lake Texoma, the East Fork Raw Water Supply Project, or some other NTMWD source has become severely limited in availability. o NTMWD water demand exceeds the amount that can be delivered to customers. o NTMWD water demand for all or part of the delivery system seriously exceeds delivery capacity because the delivery capacity is inadequate. o NTMWD's supply source becomes contaminated. o NTMWD's water supply system is unable to deliver water due to the failure or damage of major water system components. • Supplier's water demand exceeds the amount that can be delivered to customers. • Supplier's water demand for all or part of the delivery system seriously exceeds delivery capacity because the delivery capacity is inadequate. • Supply source becomes contaminated. • Supplier's water supply system is unable to deliver water due to the failure or damage of major water system components. • Supplier's individual plan may be implemented if other criteria dictate. 4-11 Water Resource and Emergency Management Plan • Stage 3 may terminate when NTMWD terminates its Stage 3 condition or when the circumstances that caused the initiation of Stage 3 no longer prevail. Goals for Use Reduction and Actions Available under Stage 3 The goal for water use reduction under Stage 3 is a reduction of whatever amount is necessary in the amount of water obtained from NTMWD from the previous annual payment period prior to drought restrictions. If circumstances warrant or if required by NTMWD, the City Manager, General Manager, Mayor,Chief Executive,or official designee can set a goal for greater or lesser water use reduction. The City Manager, General Manager, Mayor, Chief Executive, or official designee may order the implementation of any or all of the actions listed below, as deemed necessary. Measures described as "requires notification to TCEQ" impose mandatory requirements on member cities and customers. The supplier must notify TCEQ and NTMWD within five business days if these measures are implemented. • Continue or initiate any actions available under Stages 1, and 2. • Notify wholesale customers of actions being taken and request them to implement similar procedures. • Implement viable alternative water supply strategies. • Requires Notification to TCEQ—Initiate mandatory water use restrictions as follows: o Hosing and washing of paved areas, buildings, structures, windows or other surfaces is prohibited except by variance and performed by a professional service using high efficiency equipment. o Prohibit operation of ornamental fountains or ponds that use potable water except where supporting aquatic life or water quality. • Requires Notification to TCEQ — Prohibit new sod, hydro seeding, hydro mulching, and sprigging. • Requires Notification to TCEQ— Prohibit the use of potable water for the irrigation of new landscaping. • Requires Notification to TCEQ— Prohibit all commercial and residential landscape watering, except that foundations and trees (within a ten foot radius of its trunk) may be watered for two hours one day per week with a hand-held hose, a dedicated zone using a drip irrigation 4-12 Water Resource and Emergency Management Plan system and/or soaker hose provided no runoff occurs. ET/Smart irrigation systems and drip irrigation systems are not exempt from this requirement. • Requires Notification to TCEQ— Prohibit washing of vehicles except at commercial vehicle wash facilities. • Requires Notification to TCEQ — Landscape watering of parks, golf courses, and athletic fields with potable water is prohibited. Exception for golf course greens and tee boxes which may be hand watered as needed. Variances may be granted by the water provider under special circumstances. • Requires Notification to TCEQ — Prohibit the filling, draining and refilling of existing swimming pools and wading pools, except to maintain structural integrity, proper operation and maintenance or to alleviate a public safety risk. Existing pools may add water to replace losses from normal use and evaporation. Permitting of new swimming pools or wading pools is prohibited. • Requires Notification to TCEQ—Prohibit the operation of interactive water features such as water sprays, dancing water jets, waterfalls, dumping buckets, shooting water cannons, or splash pads that are maintained for public recreation. • Requires Notification to TCEQ— Require all commercial water users to reduce water use by a percentage established by the City Manager, General Manager, Mayor, Chief Executive, or official designee. • Requires Notification to TCEQ— If NTMWD has imposed a reduction in water available to Member Cities and Customers, impose the same percent reduction on wholesale customers. • Requires Notification to TCEQ- Initiate a rate surcharge for all water use over normal rates for all water use. 4.4 PROCEDURES FOR GRANTING VARIANCES TO THE PLAN The City Manager, General Manager, Mayor, Chief Executive, or official designee may grant temporary variances for existing water uses otherwise prohibited under this Water Resource and Emergency Management Plan if one or more of the following conditions are met: 4-13 Water Resource and Emergency Management Plan • Failure to grant such a variance would cause an emergency condition adversely affecting health, sanitation, or fire safety for the public or the person or entity requesting the variance. • Compliance with this plan cannot be accomplished due to technical or other limitations. • Alternative methods that achieve the same level of reduction in water use can be implemented. • Variances shall be granted or denied at the discretion of the City Manager, General Manager, Mayor, Chief Executive, or official designee. All petitions for variances should be in writing and should include the following information: o Name and address of the petitioners o Purpose of water use o Specific provisions from which relief is requested o Detailed statement of the adverse effect of the provision from which relief is requested o Description of the relief requested o Period of time for which the variance is sought o Alternative measures that will be taken to reduce water use o Other pertinent information. 4.5 PROCEDURES FOR ENFORCING MANDATORY WATER USE RESTRICTIONS Mandatory water use restrictions may be imposed in Stage 1, Stage 2 and Stage 3 Water Resource and Emergency Management Plan stages. These mandatory water use restrictions will be enforced by warnings and penalties as follows: • On the first violation customers will be given a written warning that they have violated the mandatory water use restriction. • On the second and subsequent violations citations may be issued to customers with fines established by ordinance. • On the third violation, a flow restrictor may be installed in the line to limit the amount of water that passes through the meter. • After the third violation,water service to the customer may be cut off. 4-14 Water Resource and Emergency Management Plan Appendix D contains potential ordinances, resolutions, and orders that may be adopted by the city council, board, or governing body approving the Water Resource and Emergency Management plan and water response plan, including enforcement of same. 4.6 COORDINATION WITH THE REGIONAL WATER PLANNING GROUP AND NTMWD Appendix C includes a copy of a letter sent to the Chairs of the Region C Water Planning Group and the North East Texas Water Planning Group with this model Water Resource and Emergency Management plan. The suppliers will send a draft of its ordinance(s) or other regulation(s) implementing this plan to NTMWD for their review and comment. The supplier will also send the final ordinance(s) or other regulation(s)to NTMWD. 4.7 REVIEW AND UPDATE OF WATER RESOURCE AND EMERGENCY MANAGEMENT PLAN As required by TCEQ rules, Member Cities and Customers must review the Water Resource and Emergency Management plan every five years. The plan will be updated as appropriate based on new or updated information. 4-15 APPENDIX A LIST OF REFERENCES APPENDIX A LIST OF REFERENCES 1. Title 30 of the Texas Administrative Code, Part 1, Chapter 288, Subchapter B, Rules 288.20 and 288.22, downloaded from http:/Jinfo.sos.state.tx.us/pls/pub/readtacext.ViewTAC?tac view=4&ti=30&pt=1&ch=288, June 2013 2. Freese and Nichols, Inc.: Model Water Resource Management Plan for NTMWD Members Cities and Customers, prepared for the North Texas Municipal Water District, Fort Worth, October 2012. 3. Definitions from City of Austin Water Conservation and Drought Contingency Ordinance adopted August 16, 2012. htt www.austintexas. ov sites default files files Water Conservation Plannin and Polic ProposedCodeRevision DRAFT with watering schedule-8-15-2012.pdf 4. Definition from City of San Antonio Water Conservation Ordinance adopted 2005. http://saws.org/conservation/ordinance/docs/Ch34 Ordinance 2009.pdf 5. Definition developed by Freese and Nichols, Inc. 6. Freese and Nichols, Inc.: Water Conservation and Drought Contingency and Water Emergency Response Plan, prepared for North Texas Municipal Water District, Fort Worth, March 2008. 7. Texas Water Development Board, Texas Commission on Environmental Quality, Water Conservation Advisory Council. "Guidance and Methodology for Water Conservation Reporting.", December 2012. 8. Freese and Nichols, Inc., Alan Plummer and Associates, CP &Y Inc., Cooksey Communications, "2011 Region C Water Plan". A-2 APPENDIX B TEXAS COMMISSION ON ENVIRONMENTAL QUALITY RULES ON DROUGHT CONTINGENCY PLANS APPENDIX B TEXAS COMMISSION ON ENVIRONMENTAL QUALITY RULES ON DROUGHT CONTINGENCY PLANS TITLE 30 ENVIRONMENTAL QUALITY PART 1 TEXAS COMMISSION ON ENVIRONMENTAL QUALITY CHAPTER 288 WATER CONSERVATION PLANS, DROUGHT CONTINGENCY PLANS, GUIDELINES AND REQUIREMENTS SUBCHAPTER B DROUGHT CONTINGENCY PLANS RULE§288.20 Drought Contingency Plans for Municipal Uses by Public Water Suppliers (a) A drought contingency plan for a retail public water supplier, where applicable, must include the following minimum elements. (1) Minimum requirements. Drought contingency plans must include the following minimum elements. (A) Preparation of the plan shall include provisions to actively inform the public and affirmatively provide opportunity for public input. Such acts may include, but are not limited to, having a public meeting at a time and location convenient to the public and providing written notice to the public concerning the proposed plan and meeting. (B) Provisions shall be made for a program of continuing public education and information regarding the drought contingency plan. (C) The drought contingency plan must document coordination with the regional water planning groups for the service area of the retail public water supplier to ensure consistency with the appropriate approved regional water plans. (D) The drought contingency plan must include a description of the information to be monitored by the water supplier, and specific criteria for the initiation and termination of drought response stages, accompanied by an explanation of the rationale or basis for such triggering criteria. (E) The drought contingency plan must include drought or emergency response stages providing for B-1 the implementation of measures in response to at least the following situations: (i) reduction in available water supply up to a repeat of the drought of record; (ii)water production or distribution system limitations; (iii) supply source contamination; or (iv)system outage due to the failure or damage of major water system components (e.g., pumps). (F) The drought contingency plan must include specific, quantified targets for water use reductions to be achieved during periods of water shortage and drought. The entity preparing the plan shall establish the targets.The goals established by the entity under this subparagraph are not enforceable. (G) The drought contingency plan must include the specific water supply or water demand management measures to be implemented during each stage of the plan including, but not limited to, the following: (i) curtailment of non-essential water uses; and (ii) utilization of alternative water sources and/or alternative delivery mechanisms with the prior approval of the executive director as appropriate (e.g., interconnection with another water system, temporary use of a non-municipal water supply, use of reclaimed water for non-potable purposes, etc.). (H) The drought contingency plan must include the procedures to be followed for the initiation or termination of each drought response stage, including procedures for notification of the public. (I)The drought contingency plan must include procedures for granting variances to the plan. (1) The drought contingency plan must include procedures for the enforcement of mandatory water use restrictions, including specification of penalties (e.g., fines, water rate surcharges, discontinuation of service)for violations of such restrictions. (2) Privately-owned water utilities. Privately-owned water utilities shall prepare a drought contingency plan in accordance with this section and incorporate such plan into their tariff. (3) Wholesale water customers. Any water supplier that receives all or a portion of its water supply from another water supplier shall consult with that supplier and shall include in the drought contingency B-2 plan appropriate provisions for responding to reductions in that water supply. (b) A wholesale or retail water supplier shall notify the executive director within five business days of the implementation of any mandatory provisions of the drought contingency plan. (c) The retail public water supplier shall review and update, as appropriate, the drought contingency plan, at least every five years, based on new or updated information, such as the adoption or revision of the regional water plan. Source Note: The provisions of this §288.20 adopted 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 B-3 APPENDIX C LETTERS TO REGION C AND REGION D WATER PLANNING GROUPS APPENDIX C LETTERS TO REGION C AND REGION D WATER PLANNING GROUPS Date Region C Water Planning Group c/o North Texas Municipal Water District P.O. Box 2408 Wylie, TX 75098 Dear Sir: Enclosed please find a copy of the Model Water Resource and Emergency Management Plan (which is an update to the previous Drought Contingency and Water Emergency Response Plan) for Member Cities and Customers of the North Texas Municipal Water District. I am submitting a copy of this 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 _, 2014. Sincerely, James M. Parks, Executive Director North Texas Municipal Water District C-1 Date Mr. Brett McCoy Chair, Region DVV3te[ Planning Group 7OO [R3347 Omaha, TX75571 Dear Mr. McCoy: Enclosed please find a copy of the recently updated Model Water Resource and Emergency Management Plan for Member Cities and Customers of the North Texas Municipal Water District. | am submitting a copy of this 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 20I4. Sincerely, JamneaM. Parks, Executive Director North Texas Municipal Water District [-2 APPENDIX D ADOPTION OF WATER RESOURCE AND EMERGENCY MANAGEMENT PLAN APPENDIX D ADOPTION OF WATER RESOURCE AND EMERGENCY MANAGEMENT PLAN Municipal Ordinance Adopting Water Resource and Emergency Management Plan Ordinance No. AN ORDINANCE ADOPTING A WATER RESOURCE AND EMERGENCY MANAGEMENT PLAN FOR THE CITY OF TO PROMOTE RESPONSIBLE USE OF WATER AND TO PROVIDE FOR PENALTIES AND/OR THE DISCONNECTION OF WATER SERVICE FOR NONCOMPLIANCE WITH THE PROVISIONS OF THE WATER RESOURCE AND EMERGENCY MANAGEMENT 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 Resource and Emergency Management Plan; and WHEREAS, the City has determined an urgent need in the best interest of the public to adopt a Water Resource and Emergency Management 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 D-1 WHEREAS,the City Council of the City of desires to adopt the North Texas Municipal Water District (the "NTMWD") Model Water Resource and Emergency Management 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 Resource and Emergency Management 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. 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. D-2 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 D-3 Municipal Utility District Order Adopting Water Resource and Emergency Management Plan Order No. AN ORDER ADOPTING A WATER RESOURCE AND EMERGENCY MANAGEMENT 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 RESOURCE AND EMERGENCY MANAGEMENT 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 Resource and Emergency Management Plan; and WHEREAS,the District has determined an urgent need in the best interest of the public to adopt a Water Resource and Emergency Management 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 Resource and Emergency Management Plan as official District policy for the conservation of water. D-4 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 Resource and Emergency Management 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 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. D-5 Approved and adopted by the Board of Directors on this day of . President, Board of Directors Attest: Secretary D-6 Special Utility District Order Adopting Water Resource and Emergency Management Plan Order No. AN ORDER ADOPTING A WATER RESOURCE AND EMERGENCY MANAGEMENT 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 RESOURCE AND EMERGENCY MANAGEMENT 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 WHEREAS, the Water Code and the regulations of the Texas Commission on Environmental Quality (the "Commission") require that the District adopt a Water Resource and Emergency Management Plan; and WHEREAS,the District has determined an urgent need in the best interest of the public to adopt a Water Resource and Emergency Management 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 Resource and Emergency Management Plan as official District policy for the conservation of water. D-7 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 Resource and Emergency Management 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 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. D-8 Approved and adopted by the Board of Directors on this day of . President, Board of Directors Attest: Secretary D-9 Water Supply Corporation Resolution Adopting Water Resource and Emergency Management Plan Resolution No. A RESOLUTION ADOPTING A WATER RESOURCE AND EMERGENCY MANAGEMENT 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 RESOURCE AND EMERGENCY MANAGEMENT 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 Resource and Emergency Management Plan; and WHEREAS,the WSC has determined an urgent need in the best interest of the public to adopt a Water Resource and Emergency Management 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 Resource and Emergency Management Plan as official WSC policy for the conservation of water. D-10 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 Resource and Emergency Management 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 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. D-11 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 D-12 RESOLUTION NO. 2014-09(R) A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WYLIE, TEXAS, AUTHORIZING THE ABATEMENT OF THE SUBSTANDARD STRUCTURE LOCATED AT 200 S. 2ND STREET, WYLIE, TEXAS; AUTHORIZING THE CITY MANAGER OF THE CITY OF WYLIE, TEXAS TO: (I) INITIATE A CHAPTER 54, TEX. LOC. GOV'T CODE, LAWSUIT, IF DEEMED NECESSARY; (II) EXECUTE ANY AND ALL DOCUMENTS NECESSARY TO EFFECTUATE THE ABATEMENT, INCLUDING BUT NOT LIMITED TO, ANY SETTLEMENT REGARDING THE LAWSUIT AND/OR ABATEMENT; AND (III) TAKE ANY AND ALL ACTIONS DEEMED NECESSARY BY THE CITY MANAGER TO EFFECTUATE THE ABATEMENT; RATIFYING ANY AND ALL ACTIONS TAKEN AND/OR DOCUMENTS EXECUTED BY THE CITY MANAGER PRIOR TO THE EFFECTIVE DATE OF THIS RESOLUTION RELATING TO THE ABATEMENT OF THE SUBSTANDARD STRUCTURE; PROVIDING FOR REPEALING, SAVINGS AND SEVERABILITY CLAUSES; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the City Council of the City of Wylie, Texas ("City Council") has investigated into and determined that the structure and underlying property, previously situated on the parcel of land known as 200 S. 2nd Street, City of Wylie, Texas (collectively, "Structure") was in violation (collectively, "Violations") of the ordinances of the City of Wylie, Texas ("City") relating to substandard structures, including but not limited to, Chapter 22 (Buildings and Building Regulations), Article X (Dangerous Buildings) of City's Code of Ordinances (collectively, "Ordinances"); and WHEREAS, the City Council has further investigated into and detejinined that the City's Chief Building Official ("Building Official") complied with the Ordinances in attempting to ensure the owner("Owner") of the Structure remedied the Violations; and WHEREAS,the City Council has further investigated into and determined that the Owner failed to comply with the Ordinances by remedying the Violations; and WHEREAS, the City Council has further investigated into and determined that as a result of the Owner's failure to remedy the Violations, the Structure, therefore, was, and hereby confirmed to be, a nuisance, hazard to the health, safety and welfare of the citizens of the City and likely to endanger persons and property; and WHEREAS, the City Council has further investigated into and determined that the Building Official ensured that the Structure was unoccupied and secured against unauthorized entry; and Resolution No. 2014-09(R)-Abatement of Substandard Structure—200 S. 2nd Street Page 1 of 3 WHEREAS, the City Council has further investigated into and determined that based on the Structure being dilapidated, substandard and/or unfit for human habitation, a hazard to the health, safety and welfare of the citizens of the City and likely to endanger persons and property, the City Manager authorized the City Attorney to initiate a Chapter 54, TEx. Loc. Gov'T CODE, lawsuit, seeking the court to order, among other things, the demolition of the Structure; and WHEREAS, the City Council hereby ratifies all actions taken by the Building Official, City Manager and City Attorney in abating the substandard Structure as set forth herein. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF WYLIE, TEXAS: SECTION 1: Findings Incorporated. The findings set forth above are incorporated into the body of this Resolution as if fully set forth herein. SECTION 2: Building Official's Compliance with Ordinances. The City Council hereby officially determines that the Building Official complied with the Ordinances in attempting to ensure the Owner remedied the Violations, but the Owner failed and refused to do so. SECTION 3: Structure Declared a Nuisance and Substandard. The City Council hereby officially determines that the Structure was dilapidated, substandard and/or unfit for human habitation, a hazard to the health, safety and welfare of the citizens of the City and likely to endanger persons and property. SECTION 4: Authority of City Manager. The City Council hereby officially determines that the City Manager is authorized, in her sole discretion to, if such actions have not already been taken: (i) instruct the City Attorney to initiate a Chapter 54, TEX. LOC. Gov'T CODE, lawsuit, if deemed necessary; (ii) execute any and all documents necessary to effectuate the abatement, including but not limited to, any settlement regarding the lawsuit and/or abatement; and (iii) take any and all actions deemed necessary by the City Manager to effectuate the abatement. SECTION 5: Ratification of Prior Actions. The City Council hereby ratifies any and all actions taken and/or documents executed by the City Manager prior to the effective date of this Resolution relating to the abatement of the Structure, including but not limited to, instructing the City Attorney to initiate a Chapter 54, TEx. Loc. Gov'T CODE, lawsuit, entering into any settlement regarding such lawsuit and/or the abatement of the Structure and/or entering into any contracts and/or agreements relating to the abatement of the Structure, through demolition or otherwise. SECTION 6: Repealing/Savings Clause. All provisions of any resolution in conflict with this Resolution are hereby repealed; but such repeal shall not abate any pending matters of the repealed resolution. Any remaining portions of conflicting resolutions shall remain in full force an effect. Resolution No. 2014-09(R)-Abatement of Substandard Structure—200 S. 2nd Street Page 2 of 3 SECTION 7: Severability. Should any section, subsection, sentence, clause and/or phrase of this Resolution be declared unconstitutional and/or invalid by a court of competent jurisdiction, it is expressly provided that any and all remaining portions of this Resolution shall remain in full force and effect. City hereby declares that it would have passed this Resolution, and each section, subsection, clause and/or phrase thereof irrespective of the fact that any one or more sections, subsections, sentences, clauses and/or phrases be declared unconstitutional and/or invalid. SECTION 8: Effective Date. This Resolution shall take effect immediately from and after its passage. RESOLVED THIS the 22nd day of April, 2014. ERIC HOGUE, Mayor ATTEST TO: Carol Ehrlich, City Secretary Resolution No. 2014-09(R)-Abatement of Substandard Structure—200 S. 2nd Street Page 3 of 3 RESOLUTION NO. 2014-10(R) A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WYLIE, TEXAS, AUTHORIZING THE ABATEMENT OF THE SUBSTANDARD STRUCTURE LOCATED AT 705 JACKSON AVENUE, WYLIE, TEXAS; AUTHORIZING THE CITY MANAGER OF THE CITY OF WYLIE, TEXAS TO: (I) INITIATE A CHAPTER 54, TEX. LOC. GOV'T CODE, LAWSUIT, IF DEEMED NECESSARY; (II) EXECUTE ANY AND ALL DOCUMENTS NECESSARY TO EFFECTUATE THE ABATEMENT, INCLUDING BUT NOT LIMITED TO, ANY SETTLEMENT REGARDING THE LAWSUIT AND/OR ABATEMENT; AND (III) TAKE ANY AND ALL ACTIONS DEEMED NECESSARY BY THE CITY MANAGER TO EFFECTUATE THE ABATEMENT; RATIFYING ANY AND ALL ACTIONS TAKEN AND/OR DOCUMENTS EXECUTED BY THE CITY MANAGER PRIOR TO THE EFFECTIVE DATE OF THIS RESOLUTION RELATING TO THE ABATEMENT OF THE SUBSTANDARD STRUCTURE; PROVIDING FOR REPEALING, SAVINGS AND SEVERABILITY CLAUSES; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the City Council of the City of Wylie, Texas ("City Council") has investigated into and determined that the structure and underlying property, situated on the parcel of land known as 705 Jackson Avenue, City of Wylie, Texas (collectively, "Structure") has been, and remains, in violation (collectively, "Violations") of the ordinances of the City of Wylie, Texas ("City") relating to substandard structures, including but not limited to, Chapter 22 (Buildings and Building Regulations), Article X (Dangerous Buildings) of City's Code of Ordinances (collectively, "Ordinances"); and WHEREAS, the City Council has further investigated into and determined that the City's Chief Building Official ("Building Official") complied with the Ordinances in attempting to ensure the owner("Owner") of the Structure remedied the Violations; and WHEREAS,the City Council has further investigated into and determined that the Owner failed to comply with the Ordinances by remedying the Violations; and WHEREAS, the City Council has further investigated into and determined that as a result of the Owner's failure to remedy the Violations, the Structure, therefore, was, and hereby confirmed to be, a nuisance, hazard to the health, safety and welfare of the citizens of the City and likely to endanger persons and property; and WHEREAS, the City Council has further investigated into and determined that the Building Official has ensured that the Structure is unoccupied and secured against unauthorized entry; and Resolution No. 2014-10(R)-Abatement of Substandard Structure—705 Jackson Ave. Page 1 of 3 WHEREAS, the City Council has further investigated into and determined that based on the Structure being dilapidated, substandard and/or unfit for human habitation, a hazard to the health, safety and welfare of the citizens of the City and likely to endanger persons and property, the City Manager authorized the City Attorney to initiate a Chapter 54, TEx. Loc. Gov'T CODE, lawsuit, seeking the court to order, among other things, the demolition of the Structure; and WHEREAS, the City Council hereby ratifies all actions taken by the Building Official, City Manager and City Attorney in abating the substandard Structure as set forth herein. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF WYLIE, TEXAS: SECTION 1: Findings Incorporated. The findings set forth above are incorporated into the body of this Resolution as if fully set forth herein. SECTION 2: Building Official's Compliance with Ordinances. The City Council hereby officially determines that the Building Official complied with the Ordinances in attempting to ensure the Owner remedied the Violations, but the Owner failed and refused to do so. SECTION 3: Structure Declared a Nuisance and Substandard. The City Council hereby officially determines that the Structure was dilapidated, substandard and/or unfit for human habitation, a hazard to the health, safety and welfare of the citizens of the City and likely to endanger persons and property. SECTION 4: Authority of City Manager. The City Council hereby officially determines that the City Manager is authorized, in her sole discretion to, if such actions have not already been taken: (i) instruct the City Attorney to initiate a Chapter 54, TEX. LOC. Gov'T CODE, lawsuit, if deemed necessary; (ii) execute any and all documents necessary to effectuate the abatement, including but not limited to, any settlement regarding the lawsuit and/or abatement; and (iii) take any and all actions deemed necessary by the City Manager to effectuate the abatement. SECTION 5: Ratification of Prior Actions. The City Council hereby ratifies any and all actions taken and/or documents executed by the City Manager prior to the effective date of this Resolution relating to the abatement of the Structure, including but not limited to, instructing the City Attorney to initiate a Chapter 54, TEx. Loc. Gov'T CODE, lawsuit, entering into any settlement regarding such lawsuit and/or the abatement of the Structure and/or entering into any contracts and/or agreements relating to the abatement of the Structure, through demolition or otherwise. SECTION 6: Repealing/Savings Clause. All provisions of any resolution in conflict with this Resolution are hereby repealed; but such repeal shall not abate any pending matters of the repealed resolution. Any remaining portions of conflicting resolutions shall remain in full force an effect. Resolution No. 2014-10(R)-Abatement of Substandard Structure—705 Jackson Ave. Page 2 of 3 SECTION 7: Severability. Should any section, subsection, sentence, clause and/or phrase of this Resolution be declared unconstitutional and/or invalid by a court of competent jurisdiction, it is expressly provided that any and all remaining portions of this Resolution shall remain in full force and effect. City hereby declares that it would have passed this Resolution, and each section, subsection, clause and/or phrase thereof irrespective of the fact that any one or more sections, subsections, sentences, clauses and/or phrases be declared unconstitutional and/or invalid. SECTION 8: Effective Date. This Resolution shall take effect immediately from and after its passage. RESOLVED THIS the 22nd day of April, 2014. ERIC HOGUE, Mayor ATTEST TO: Carol Ehrlich, City Secretary Resolution No. 2014-10(R)-Abatement of Substandard Structure—705 Jackson Ave. Page 3 of 3